Common use of Release of ADEA Claims Clause in Contracts

Release of ADEA Claims. Executive agrees and understands that he is specifically releasing all claims under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. Sections 621 et seq. Executive affirms that he has read the Agreement in its entirety and has had a full and fair opportunity to consider and understand its terms and to be advised by his counsel. Executive further acknowledges that he understands the Agreement and has, of his own free will, without coercion, agreed to the terms of the Agreement. Executive further understands that he has been advised herein in writing that: (i) he should consult with an attorney before signing the Agreement; (ii) that he has at least twenty-one (21) days to consider the Agreement; (iii) that if he signs this Agreement, he may revoke it within seven (7) days after he signs it; and (iv) that this Agreement shall not be enforceable until the seven (7) day revocation period has expired without the Agreement having been revoked as provided herein. Revocation shall be made by delivering a written notice of revocation to: Fxxxx Xxxx Asian Financial, Inc. 4/X, Xx.0 Xxxxxxx Xxxx Xxxxxx Xxxxxxxx Xxxxxxxxxx Development Zxxx Xxxxxxx 000000, Xxxxx For such revocation to be effective, notice must be received by the Company representative designated above no later than 8:00 a.m. on the eight calendar day after the day on which Executive signs this Agreement. The parties expressly agree that, in the event that Executive revokes this Agreement, the Agreement shall be null and void and have no legal or binding effect whatsoever. The parties to this Agreement recognize that Executive may elect to sign this Agreement before the expiration of the twenty-one (21) day consideration period specified herein, and Executive agrees that if he elects to do so, he shall manifest such election by signing Attachment B to this Agreement. If Executive does not execute this Agreement within the twenty-one (21) day consideration period, the Agreement shall be deemed revoked and shall have no legal or binding force or effect.

Release of ADEA Claims. Executive agrees The general release contained herein specifically includes a waiver and understands that he is specifically releasing release of all claims that you have or may have under the Age Discrimination in Employment Act of 1967Act, as amended, 29 U.S.C. Sections 621 et seq. Executive affirms that he has read (“ADEA”), based on your employment with the Agreement in its entirety and has had a full and fair opportunity to consider and understand its Company, the separation of such employment or any transaction, occurrence, act or omission occurring on or before the date on which you execute this Agreement. The following terms and conditions apply to be advised by his counsel. Executive further acknowledges that he understands the Agreement and has, of his own free will, without coercion, agreed to the terms are part of the waiver and release of ADEA claims under this Agreement. Executive further understands : a. By signing this Agreement, you acknowledge and agree that he has been the releases contained herein, including the ADEA release, do not cover rights or claims that may arise after the date on which you sign this Agreement. b. You are advised herein in writing that: (i) he should to consult with an attorney before signing the this Agreement; (ii) that he has at least . c. You have twenty-one (21) calendar days from the date you are presented with this Agreement to consider whether or not to sign it. In the Agreement; (iii) event that if he signs you decide to execute this Agreement in fewer than 21 days, you do so with the express understanding that you have been given and declined the opportunity to consider this Agreement for a full 21days. You further agree with the Company that changes to this Agreement, he may whether material or immaterial, do not restart the running of the 21-day consideration period. d. You are knowingly and voluntarily waiving and releasing your rights, including your rights under the ADEA, only in exchange for consideration (something of value) in addition to anything of value to which you are otherwise already entitled. e. If you sign this Agreement, you will have the right to revoke it this Agreement within seven (7) calendar days after he signs it; of signing this Agreement and (iv) that this Agreement shall not be become effective or enforceable until the seven (7) day after this revocation period has expired without the Agreement having been revoked as provided hereinexpired. Revocation shall Any revocation within this period must be made by delivering a written notice of revocation submitted, in writing via email, and delivered to: Fxxxx Xxxx Asian Financial, Inc. 4/X, Xx.0 Xxxxxxx Xxxx Xxxxxx Xxxxx Xxxxx of Xxxxxxxx Xxxxxxxxxx Development Zxxx Xxxxxxx 000000& Xxxxx LLP, Xxxxx For such revocation to be effective, notice must be received by the Company representative designated above no later than 8:00 a.m. on the eight calendar day after the day on which Executive signs this Agreement. The parties expressly agree that, in the event that Executive revokes this Agreement, the Agreement shall be null and void and have no legal or binding effect whatsoever. The parties to this Agreement recognize that Executive may elect to sign this Agreement before the expiration of the twenty-one (21) day consideration period specified hereinat XXX@XXX.xxx, and Executive agrees that if he elects to do sostate, he shall manifest such election by signing Attachment B to this “I hereby revoke my acceptance of our Separation Agreement. If Executive does not execute this Agreement within the twenty-one (21) day consideration period, the Agreement shall be deemed revoked and shall have no legal or binding force or effect.”

Release of ADEA Claims. Executive agrees and understands that he is specifically releasing all claims under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. Sections 621 et seq. Executive affirms that he has read the Agreement in its entirety and has had a full and fair opportunity to consider and understand its terms and to be advised by his counsel. Executive further acknowledges that he understands the Agreement and has, of his own free will, without coercion, agreed to the terms of the Agreement. Executive further understands that he has been advised herein in writing that: (i) he should consult with an attorney before signing the Agreement; (ii) that he has at least twenty-one (21) days to consider the Agreement; (iii) that if he signs this Agreement, he may revoke it within seven (7) days after he signs it; and (iv) that this Agreement shall not be enforceable until the seven (7) day revocation period has expired without the Agreement having been revoked as provided herein. Revocation shall be made by delivering a written notice of revocation to: Fxxxx Xxxxx Xxxx Asian Financial, Inc. 40/X, Xx.0 Xx. 0 Xxxxxxx Xxxx Xxxxxx Xxxxxxxx Xxxxxxxxxx Industrial Development Zxxx Xxxxxxx 000000Zone Beijing, Xxxxx People’s Republic of China Post Code: 102600 For such revocation to be effective, notice must be received by the Company representative designated above no later than 8:00 a.m. on the eight eighth (8th) calendar day after the day on which Executive signs this Agreement. The parties expressly agree that, in the event that Executive revokes this Agreement, the Agreement shall be null and void and have no legal or binding effect whatsoever. The parties to this Agreement recognize that Executive may elect to sign this Agreement before the expiration of the twenty-one (21) day consideration period specified herein, and Executive agrees that if he elects to do so, he shall manifest such election by signing Attachment B A to this Agreement. If Executive does not execute this Agreement within the twenty-one (21) day consideration period, the Agreement shall be deemed revoked and shall have no legal or binding force or effect.

Release of ADEA Claims. Executive agrees You expressly acknowledge and understands agree that he is specifically releasing this Agreement includes a release of all claims which you have or may have under the Age Discrimination in Employment Act of 1967Act, as amended, 29 U.S.C. Sections 621 et seqamended (“ADEA”). Executive affirms that he has read the Agreement in its entirety and has had a full and fair opportunity to consider and understand its The following terms and conditions apply to be advised by his counsel. Executive further acknowledges that he understands the Agreement and has, of his own free will, without coercion, agreed to the terms are part of the release of ADEA claims under this Agreement. Executive further understands that he has : (a) You have been advised herein in writing that: (i) he should to consult with an attorney before signing this Agreement; (b) You are not releasing any rights or claims under the ADEA that may arise after the date on which you execute this Agreement; ; (iic) that he has at least You have twenty-one (21) days from the date you are presented with this Agreement to consider the Agreement; (iii) that if he signs decide whether or not to sign this Agreement, he although you may revoke it within choose to sign the Agreement at any time earlier; (d) You have seven (7) days after he signs it; and (iv) that signing this Agreement shall to revoke this Agreement (the “Revocation Period”), and this Agreement will not be enforceable effective until the seven that Revocation Period has expired; (7e) day revocation period has expired without the Agreement having been revoked as provided herein. Revocation shall be made by delivering a To revoke this Agreement, you must deliver written notice of revocation to: Fxxxx Xxxx Asian Financialby hand, Inc. 4/Xovernight delivery, Xx.0 Xxxxxxx Xxxx Xxxxxx Xxxxxxxx Xxxxxxxxxx Development Zxxx Xxxxxxx 000000, Xxxxx For such revocation to be effective, notice must be or confirmed facsimile signed by you and received by the Company representative designated above to the attention of Exxxx Xxxxxx, President & CEO, no later than 8:00 a.m. the seventh (7th) day of the Revocation Period. If no such revocation occurs, the General Release and this Agreement will become effective on the eight calendar eighth (8th) day after the day on which Executive signs following your execution of this Agreement. The parties expressly You further acknowledge and agree that, in the event that Executive revokes you revoke this Agreement, the Agreement shall be null and void and it will have no legal or binding effect whatsoever. The parties to this Agreement recognize that Executive may elect to sign this Agreement before the expiration of the twenty-one (21) day consideration period specified herein, and Executive agrees that if he elects to do so, he shall manifest such election by signing Attachment B to this Agreement. If Executive does not execute this Agreement within the twenty-one (21) day consideration period, the Agreement shall be deemed revoked and shall have no legal or binding force or effect; and (f) You hereby acknowledge and agree that you are knowingly and voluntarily releasing your rights and claims only in exchange for consideration (something of value) in addition to anything of value to which you are already entitled.

Release of ADEA Claims. Executive agrees With regard to the waiver/release of rights or claims under the ADEA, Rotherham acknowledges and understands that this is a legal document and that he is specifically releasing all claims under the Age Discrimination in Employment Act of 1967legally entitled to, as amended, 29 U.S.C. Sections 621 et seq. Executive affirms that he has read the Agreement in its entirety and has had been offered, a full and fair opportunity to consider and understand its terms and to be advised by his counsel. Executive further acknowledges that he understands the Agreement and has, period of his own free will, without coercion, agreed to the terms of the Agreement. Executive further understands that he has been advised herein in writing that: (i) he should consult with an attorney before signing the Agreement; (ii) that he has at least twenty-one (21) days (the "Consideration Period") to consider the Agreement; (iii) that if he signs waiver/release of such rights or claims under this Agreement before signing it. After signing this Agreement, he Rotherham may revoke it the waiver/release of rights or claims under the ADEA by giving written notice ("Revocation Notice") to Xxxx X. Xxxxx, 0000 Xxxx Xxxxxx, Xxxxxx Xxxx, Xxxxxxxx 00000, within seven (7) days after he signs it; and the date of signing (iv) that this Agreement shall not be enforceable until the such seven (7) day revocation period has expired without period, the Agreement having been revoked as provided herein"Revocation Period" and such date of signing, the "Signing Date"). Revocation shall be made by delivering a written notice of revocation to: Fxxxx Xxxx Asian Financial, Inc. 4/X, Xx.0 Xxxxxxx Xxxx Xxxxxx Xxxxxxxx Xxxxxxxxxx Development Zxxx Xxxxxxx 000000, Xxxxx For such revocation to be effective, notice the Revocation Notice must be received by the Company representative designated above no later than 8:00 a.m. 5:00 p.m., Kansas City, Missouri time, on the eight calendar seventh (7th) day after the day on which Executive signs Signing Date. If Rotherham provides the Revocation Notice to RSM, this Agreement. The parties expressly agree thatAgreement will be null, in the event that Executive revokes this Agreement, the Agreement shall be null and void and have no legal or binding effect whatsoeverunenforceable by either party. The parties to this Agreement recognize that Executive may elect to sign this Agreement before the expiration of the twenty9. Acknowledgements. ROTHERHAM ACKNOWLEDGES THAT RSM HAS ADVISED HIM TO CONSULT WITH AN ATTORNEY PRIOR TO SIGNING THIS AGREEMENT OR BEFORE THE EXPIRATION OF THE REVOCATION PERIOD. ROTHERHAM SPECIFICALLY ACKNOWLEDGES AND AGREES THAT EITHER THE FULL TWENTY-one ONE (21) day consideration period specified herein, and Executive agrees that if he elects to do so, he shall manifest such election by signing Attachment B to this Agreement. If Executive does not execute this Agreement within the twentyDAY CONSIDERATION PERIOD HAS LAPSED OR HE HAS BEEN OFFERED SUCH TWENTY-one ONE (21) day consideration periodDAY CONSIDERATION PERIOD BUT HAS ELECTED TO WAIVE AND FOREGO ALL OF THE APPLICABLE DAYS WHICH HAVE NOT YET LAPSED IN SUCH TWENTY-ONE (21) DAY CONSIDERATION PERIOD. ROTHERHAM ACKNOWLEDGES AND AGREES THAT UPON SUCH CONSIDERATION, the Agreement shall be deemed revoked and shall have no legal or binding force or effectHE HAS DECIDED TO WAIVE AND RELEASE ANY CLAIMS THAT HE MAY HAVE UNDER THE ADEA, PURSUANT TO THE TERMS OF THIS AGREEMENT. 10.

Release of ADEA Claims. Executive agrees In further consideration of the payments and understands that he is specifically releasing benefits provided to the Employee in this Agreement, the Employee hereby irrevocably and unconditionally fully and forever waive, release, and discharge the Releasees from any and all claims Claims, whether known or unknown, from the beginning of time through the date of the Employee's execution of this Agreement arising under the Age Discrimination in Employment Act of 1967(ADEA), as amended, 29 U.S.C. Sections 621 et seqand its implementing regulations. Executive affirms that he By signing this Agreement, the Employee hereby acknowledges and confirms that: (i) the Employee has read the this Agreement in its entirety and has had a full and fair opportunity to consider and understand understands all of its terms and to be advised terms; (ii) by his counsel. Executive further acknowledges that he understands this Agreement, the Agreement and has, of his own free will, without coercion, agreed to the terms of the Agreement. Executive further understands that he Employee has been advised herein in writing that: (i) he should to consult with an attorney of the Employee's choosing before signing this Agreement; (iii) the Employee knowingly, freely, and voluntarily agrees to all of the terms and conditions set out in this Agreement including, without limitation, the waiver, release, and covenants contained in it; (iv) the Employee is signing this Agreement; , including the general release, in exchange for good and valuable consideration in addition to anything of value to which the Employee is otherwise entitled; (iiv) that he has the Employee was given at least twenty-one (21) days to consider the Agreement; (iii) that terms of this Agreement and consult with an attorney of the Employee's choice, although the Employee may sign it sooner if he signs desired and changes to this Agreement, he may revoke it within whether material or immaterial, do not restart the running of the 21 day period; (vi) the Employee understands that the Employee has seven (7) days after he signs it; and (iv) that signing this Agreement shall not be enforceable until to revoke the seven (7) day revocation period has expired without the Agreement having been revoked as provided herein. Revocation shall be made release in this paragraph by delivering a written notice of revocation to: Fxxxx Xxxx Asian Financialto Chair of the Board of Directors, Inc. 4/X, Xx.0 Xxxxxxx Xxxx Xxxxxx Xxxxxxxx Xxxxxxxxxx Development Zxxx Xxxxxxx 0000000000 Xxxxxxxxx Xxxxxx, Xxxxx For such revocation 000, Xxxxxx, Xxxx 00000-0000 at the Employer, before the end of this seven-day period; and (vii) the Employee understands that the release contained in this paragraph does not apply to be effective, notice must be received by the Company representative designated above no later than 8:00 a.m. on the eight calendar day rights and claims that may arise after the day on which Executive Employee signs this Agreement. The parties expressly agree that, in the event that Executive revokes this Agreement, the Agreement shall be null and void and have no legal or binding effect whatsoever. The parties to this Agreement recognize that Executive may elect to sign this Agreement before the expiration of the twenty-one (21) day consideration period specified herein, and Executive agrees that if he elects to do so, he shall manifest such election by signing Attachment B to this Agreement. If Executive does not execute this Agreement within the twenty-one (21) day consideration period, the Agreement shall be deemed revoked and shall have no legal or binding force or effect.

Release of ADEA Claims. Executive agrees and understands that he is specifically releasing all The Released Claims include any claims Consultant may have against any of the Released Parties under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. Sections 621 et seqADEA. Executive affirms that he has read the Agreement in its entirety and has had a full and fair opportunity to consider and understand its terms and to be advised by his counsel. Executive further acknowledges that he understands the Agreement and has, of his own free will, without coercion, agreed to the terms of the Agreement. Executive further Consultant understands that he has been advised herein in writing that: forty-five (i) he should consult with an attorney before signing the Agreement; (ii) that he has at least twenty-one (2145) days from the date this Agreement was initially delivered to consider him to decide whether to sign it (the Agreement; (iii) that "Consideration Period"), although Consultant may sign this Agreement sooner if he signs this Agreement, he may revoke it within seven (7) days after he signs it; and (iv) that this Agreement shall not be enforceable until the seven (7) day revocation period has expired without the Agreement having been revoked as provided hereinchooses. Revocation shall be made by delivering a written notice of revocation to: Fxxxx Xxxx Asian Financial, Inc. 4/X, Xx.0 Xxxxxxx Xxxx Xxxxxx Xxxxxxxx Xxxxxxxxxx Development Zxxx Xxxxxxx 000000, Xxxxx For such revocation to be effective, notice must be received by the Company representative designated above no later than 8:00 a.m. on the eight calendar day after the day on which Executive signs this Agreement. The parties expressly agree that, in the event that Executive revokes this Agreement, the Agreement shall be null and void and have no legal or binding effect whatsoever. The parties to this Agreement recognize that Executive may elect If Consultant decides to sign this Agreement before the expiration of the twenty-one (21) day consideration period specified hereinConsideration Period, Consultant represents that his decision is knowing and voluntary, and Executive that any remaining time within the Consideration Period is waived by him and expires. Consultant agrees that if he elects any revisions made to do sothis Agreement after it was initially delivered to him, he whether material or immaterial, shall manifest not restart the Consideration Period. Consultant may revoke this Agreement within seven days after signing it (the "Release Revocation Period"). This Agreement will not become effective or enforceable until the day immediately following the end of the Release Revocation Period (such election by signing Attachment B day being the "Effective Date"), however, notwithstanding the foregoing such effectiveness is contingent upon Consultant's prior execution of the Amended Protective Agreement. In the event Consultant chooses to revoke this Agreement, Consultant must notify the Company in writing in accordance with Section 14 of this Agreement. Any such notice of revocation must be delivered to the Company in a manner calculated to ensure receipt prior to 11:59 p.m. Eastern Time on the day prior to the Effective Date. If Executive Consultant does not execute sign this Agreement within prior to the twenty-one (21expiration of the Consideration Period, or if Consultant revokes this Agreement, he will not be entitled to any of the benefits set forth in Sections 2(a), 2(b), 2(c) day consideration period, the Agreement shall be deemed revoked and shall have no legal or binding force or effect3 of this Agreement.