OWBPA and ADEA Release. Pursuant to the Older Workers Benefit Protection Act of 1990, Executive understands and acknowledges that by executing this General Release and releasing all claims against any of the Released Parties, he has waived any and all rights or claims that he has or could have against any Released Party under the Age Discrimination in Employment Act (“ADEA”), which includes any claim that any Released Party discriminated against Executive on account of his age. Executive also acknowledges the following: (a) The Company, by this General Release, has advised Executive to consult with an attorney prior to executing this General Release; (b) Executive has had the opportunity to consult with his own attorney concerning this General Release; (c) This General Release does not include claims arising from any act, omission, transaction or occurrence which happens on or after the Effective Date of this General Release, provided, however, that any claims arising after the Effective Date of this General Release from the then-present effect of acts or conduct occurring before the Effective Date of this General Release shall be deemed released under this General Release; and (d) The Company has provided Executive the opportunity to review and consider this General Release for 21 days or, if Executive’s termination of employment is “in connection with an exit incentive or other employment termination program” (as such phrase is defined in ADEA), 45 days from the date Executive receives this General Release (the “Review Period”). At Executive’s option and sole discretion, Executive may waive the Review Period and execute this General Release before the expiration of 21 or 45 days, as applicable. In electing to waive the Review Period, Executive acknowledges and admits that he was given a reasonable period of time within which to consider this General Release and his waiver is made freely and voluntarily, without duress or any coercion by any other person.
Appears in 5 contracts
Samples: Employment Agreement (MTR Gaming Group Inc), Employment Agreement (MTR Gaming Group Inc), Employment Agreement (MTR Gaming Group Inc)
OWBPA and ADEA Release. Pursuant to the Older Workers Benefit Protection Act of 19901990 (“OWBPA”), the Executive understands and acknowledges that by executing this General Release and releasing all claims against any of the Released Parties, he has waived any and all rights or claims that he has or could have against any Released Party under the Age Discrimination in Employment Act (“ADEA”), which includes any claim that any Released Party discriminated against the Executive on account of his age. The Executive also acknowledges the following:
(a) The Company, by this General Release, has advised the Executive to consult with an attorney prior to executing this General Release;
(b) The Executive has had the opportunity to consult with his own attorney concerning this General Release;
(c) This General Release does not include claims arising from any act, omission, transaction or occurrence which happens on or after the Effective Date of this General Release, provided, however, that any claims arising after the Effective Date of this General Release from the then-present effect of acts or conduct occurring before the Effective Date of this General Release shall be deemed released under this General Release; and
(d) The Company has provided Executive Employee the opportunity to review and consider this General Release for 21 days or, if Executive’s termination of employment is “in connection with an exit incentive or other employment termination program” (as such phrase is defined in ADEA), 45 days from the date Executive receives this General Release (the “Review Period”). At the Executive’s option and sole discretion, the Executive may waive the Review Period and execute this General Release before the expiration of 21 or 45 days, as applicable. In electing to waive the Review Period, the Executive acknowledges and admits that he was given a reasonable period of time within which to consider this General Release and his waiver is made freely and voluntarily, without duress or any coercion by any other person.
Appears in 2 contracts
Samples: Separation Agreement (Hc2 Holdings, Inc.), Separation and Consulting Agreement (Era Group Inc.)
OWBPA and ADEA Release. Pursuant to the Older Workers Benefit Protection Act of 19901990 (“OWBPA”), the Executive understands and acknowledges that by executing this General Release and releasing all claims against any each and all of the Released Parties, he has waived any and all rights or claims that he has or could have against any Released Party under the Age Discrimination in Employment Act (“ADEA”), which includes includes, but is not limited to, any claim that any Released Party discriminated against the Executive on account of his age. The Executive also acknowledges the following:
(a) The Company, by this General Release, has advised the Executive to consult with an attorney prior to executing this General Release;
(b) The Executive has had the opportunity to consult with his own attorney concerning this General Release;
(c) This General Release does not include claims arising from any act, omission, transaction or occurrence which happens on or after the Effective Date of this General ReleaseExecution, provided, however, that any claims arising after the Effective Date of this General Release Execution from the then-present effect of acts or conduct occurring on or before the Effective Date of this General Release Execution shall be deemed released under this General Release; and
(d) The Company has provided the Executive with the opportunity to review and consider this General Release for 21 days or, if Executive’s termination of employment is “in connection with an exit incentive or other employment termination program” (as such phrase is defined in ADEA), 45 days from the date Executive receives this General Release (the “Review Period”). At the Executive’s option and sole discretion, the Executive may waive the Review Period and execute this General Release before the expiration of 21 or 45 days, as applicable. In electing to waive the Review Period, the Executive acknowledges and admits that he was given a reasonable period of time within which to consider this General Release and his waiver is made freely and voluntarily, without duress or any coercion by any other person. The General Release shall be null and void ab initio in the event the Executive does not execute and return this General Release to the Company by [insert 21 days following the date this General Release is provided to the Executive].
Appears in 1 contract
Samples: Separation and Consulting Agreement (Seacor Holdings Inc /New/)
OWBPA and ADEA Release. Pursuant to the Older Workers Benefit Protection Act of 19901990 (“OWBPA”), the Executive understands and acknowledges that by executing this General Release and releasing all claims against any each and all of the Released Parties, he has waived any and all rights or claims that he has or could have against any Released Party under the Age Discrimination in Employment Act (“ADEA”), which includes includes, but is not limited to, any claim that any Released Party discriminated against the Executive on account of his age. The Executive also acknowledges the following:
(a) The Company, by this General Release, has advised the Executive to consult with an attorney prior to executing this General Release;
(b) The Executive has had the opportunity to consult with his own attorney concerning this General Release;
(c) This General Release does not include claims arising from any act, omission, transaction or occurrence which that happens on or after the Effective Date of this General ReleaseDate, provided, however, that any claims arising after the Effective Date of this General Release from the then-present effect of acts or conduct occurring on or before the Effective Date of this General Release shall be deemed released under this General Release; and
(d) The Company has provided the Executive the opportunity to review and consider this General Release for 21 days or, if Executive’s termination of employment is “in connection with an exit incentive or other employment termination program” (as such phrase is defined in ADEA), 45 days from the date Executive receives this General Release (the “Review Period”). At the Executive’s 's option and sole discretion, the Executive may waive the Review Period and execute this General Release before the expiration of 21 or 45 days, as applicable. In electing to waive the Review Period, the Executive acknowledges and admits that he was given a reasonable period of time within which to consider this General Release and his waiver is made freely and voluntarily, without duress or any coercion by any other person. This General Release shall be null and void ab initio in the event the Executive does not execute and return this General Release to the Company by September 18, 2014.
Appears in 1 contract
Samples: Separation and Consulting Agreement (Era Group Inc.)
OWBPA and ADEA Release. Pursuant to the Older Workers Benefit Protection Act of 19901990 (“OWBPA”), the Executive understands and acknowledges that by executing this General Release and releasing all claims against any of the Released Parties, he she has waived any and all rights or claims that he she has or could have against any Released Party under the Age Discrimination in Employment Act (“ADEA”), which includes any claim that any Released Party discriminated against the Executive on account of his her age. The Executive also acknowledges the following:
(a) The Company, by this General Release, has advised the Executive to consult with an attorney prior to executing this General Release;
(b) The Executive has had the opportunity to consult with his her own attorney concerning this General Release;
(c) This General Release does not include claims arising from any act, omission, transaction or occurrence which happens on or after the Effective Date of this General Release, provided, however, that any claims arising after the Effective Date of this General Release from the then-present effect of acts or conduct occurring before the Effective Date of this General Release shall be deemed released under this General Release; and
(d) The Company has provided Executive Employee the opportunity to review and consider this General Release for 21 days or, if Executive’s termination of employment is “in connection with an exit incentive or other employment termination program” (as such phrase is defined in ADEA), 45 days from the date Executive receives this General Release (the “Review Period”). At the Executive’s 's option and sole discretion, the Executive may waive the Review Period and execute this General Release before the expiration of 21 or 45 days, as applicable. In electing to waive the Review Period, the Executive acknowledges and admits that he she was given a reasonable period of time within which to consider this General Release and his her waiver is made freely and voluntarily, without duress or any coercion by any other person.
Appears in 1 contract
Samples: Separation and Consulting Agreement (Era Group Inc.)
OWBPA and ADEA Release. Pursuant to the Older Workers Benefit Protection Act of 19901990 (“OWBPA”), the Executive understands and acknowledges that by executing this General Release and releasing all claims against any each and all of the Released Parties, he has waived any and all rights or claims that he has or could have against any Released Party under the Age Discrimination in Employment Act (“ADEA”), which includes includes, but is not limited to, any claim that any Released Party discriminated against the Executive on account of his age. The Executive also acknowledges the following:
: (a) The a)The Company, by this General Release, has advised the Executive to consult with an attorney prior to executing this General Release;
; (b) b)The Executive has had the opportunity to consult with his own attorney concerning this General Release;
; (c) This c)This General Release does not include claims arising from any act, omission, transaction or occurrence which that happens on or after the Effective Date of this General ReleaseDate, provided, however, that any claims arising after the Effective Date of this General Release from the then-present effect of acts or conduct occurring on or before the Effective Date of this General Release shall be deemed released under this General Release; and
and (d) The d)The Company has provided the Executive the opportunity to review and consider this General Release for 21 days or, if Executive’s termination of employment is “in connection with an exit incentive or other employment termination program” (as such phrase is defined in ADEA), 45 days from the date Executive receives this General Release (the “Review Period”). At the Executive’s 's option and sole discretion, the Executive may waive the Review Period and execute this General Release before the expiration of 21 or 45 days, as applicable. In electing to waive the Review Period, the Executive acknowledges and admits that he was given a reasonable period of time within which to consider this General Release and his waiver is made freely and voluntarily, without duress or any coercion by any other person. This General Release shall be null and void ab initio in the event the Executive does not execute and return this General Release to the Company by September 18, 2014.
Appears in 1 contract
Samples: Separation and Consulting Agreement
OWBPA and ADEA Release. Pursuant to the Older Workers Benefit Protection Act of 1990, Executive understands and acknowledges that by executing this General Release Agreement and releasing all claims against any of the Released Parties, he has waived any and all rights or claims that he has or could have against any Released Party under the Age Discrimination in Employment Act (“ADEA”), which includes any claim that any Released Party discriminated against Executive on account of his age. Executive also acknowledges the following:
(a) The CompanyEmployer, by this General ReleaseAgreement, has advised Executive to consult with an attorney prior to executing this General ReleaseAgreement;
(b) Executive has had the opportunity to consult with his own attorney concerning this General ReleaseAgreement;
(c) This General Release Agreement does not include claims arising from any act, omission, transaction or occurrence which happens on or after the Effective Date of this General ReleaseAgreement, provided, however, that any claims arising after the Effective Date of this General Release Agreement from the then-present effect of acts or conduct occurring before the Effective Date of this General Release Agreement shall be deemed released under this General ReleaseAgreement; and
(d) The Company Employer has provided Executive the opportunity to review and consider this General Release Agreement for 21 days or, if Executive’s termination of separation from employment is “in connection with an exit incentive or other employment termination program” (as such phrase is defined in ADEA), 45 days from the date Executive receives this General Release Agreement (the “Review Period”). At Executive’s option and sole discretion, Executive may waive the Review Period and execute this General Release Agreement before the expiration of 21 or 45 days, as applicable. In electing to waive the Review Period, Executive acknowledges and admits that he was given a reasonable period of time within which to consider this General Release Agreement and his waiver is made freely and voluntarily, without duress or any coercion by any other person.
(e) Executive may revoke this Agreement within a period of seven days after execution of this Agreement as described in Paragraph 30 hereof. This Agreement becomes effective on the eighth calendar day after it is executed by both parties (the “Effective Date”).
Appears in 1 contract
OWBPA and ADEA Release. Pursuant to the Older Workers Benefit Protection Act of 19901990 (“OWBPA”), the Executive understands and acknowledges that by executing this General Release and releasing all claims against any of the Released Parties, he has waived any and all rights or claims that he has or could have against any Released Party under the Age Discrimination in Employment Act (“ADEA”), which includes any claim that any Released Party discriminated against the Executive on account of his age. The Executive also acknowledges the following:
(a) The Company, by this General Release, has advised the Executive to consult with an attorney prior to executing this General Release;
(b) The Executive has had the opportunity to consult with his own attorney concerning this General Release;
(c) This General Release does not include claims arising from any act, omission, transaction or occurrence which happens on or after the Effective Date of this General Release, provided, however, that any claims arising after the Effective Date of this General Release from the then-present effect of acts or conduct occurring before the Effective Date of this General Release shall be deemed released under this General Release; and
(d) The Company has provided Executive Employee the opportunity to review and consider this General Release for 21 days or, if Executive’s termination of employment is “in connection with an exit incentive or other employment termination program” (as such phrase is defined in ADEA), 45 days from the date Executive receives this General Release (the “Review Period”). At the Executive’s 's option and sole discretion, the Executive may waive the Review Period and execute this General Release before the expiration of 21 or 45 days, as applicable. In electing to waive the Review Period, the Executive acknowledges and admits that he was given a reasonable period of time within which to consider this General Release and his waiver is made freely and voluntarily, without duress or any coercion by any other person.
Appears in 1 contract
Samples: Separation and Consulting Agreement (Era Group Inc.)
OWBPA and ADEA Release. Pursuant to the Older Workers Benefit Protection Act of 19901990 (“OWBPA”), the Executive understands and acknowledges that by executing this General Release and releasing all claims against any each and all of the Released Parties, he has waived any and all rights or claims that he has or could have against any Released Party under the Age Discrimination in Employment Act (“ADEA”), which includes includes, but is not limited to, any claim that any Released Party discriminated against the Executive on account of his age. The Executive also acknowledges the following:
: (ai) The the Company, by this General Release, has advised the Executive to consult with an attorney prior to executing this General Release;
; (bii) the Executive has had the opportunity to consult with his own attorney concerning this General Release;
; (ciii) This this General Release does not include claims arising from any act, omission, transaction or occurrence which happens on or after the Effective Date of this General ReleaseExecution, provided, however, that any claims arising after the Effective Date of this General Release Execution from the then-present effect of acts or conduct occurring on or before the Effective Date of this General Release Execution shall be deemed released under this General Release; and
and (div) The the Company has provided the Executive with the opportunity to review and consider this General Release for 21 days or, if Executive’s termination of employment is “in connection with an exit incentive or other employment termination program” (as such phrase is defined in ADEA), 45 days from the date Executive receives this General Release (the “Review Period”). At the Executive’s option and sole discretion, the Executive may waive the Review Period and execute this General Release before the expiration of 21 or 45 days, as applicable. In electing to waive the Review Period, the Executive acknowledges and admits that he was given a reasonable period of time within which to consider this General Release and his waiver is made freely and voluntarily, without duress or any coercion by any other person. The General Release shall be null and void ab initio in the event the Executive does not execute and return this General Release to the Company by August 2, 2019.
Appears in 1 contract
Samples: Separation and Consulting Agreement (SEACOR Marine Holdings Inc.)