Release of Age Claims. Executive is unconditionally and expressly waiving, releasing and forever discharging Jabil from any claim Executive may have as of the date Executive signs this Release arising the Age Discrimination in Employment Act (“ADEA”) and the Older Workers Benefits Protection Act (“OWBPA”), as these laws are amended, and any other claim related to Executive’s age. Executive acknowledges and confirms:
i. Executive has read and understands the terms of this Release;
ii. Jabil has advised Executive to consult with any attorney of Executive’s choice before signing this Release, and Executive has obtained and considered such legal counsel as Executive deems necessary, such that Executive enters into this Release freely, knowingly, and voluntarily;
iii. Executive has been given at least 21 days to consider the terms of this Release and consult with attorney of Executive’s choice. At Executive’s option, Executive may elect not to use the full 21-day period;
iv. Executive is providing this release in exchange for consideration to which the Executive is not otherwise entitled;
v. Executive may revoke that portion of this Release that waives and releases legal claims under the ADEA and/or OWBPA for seven (7) days following execution of it by sending written notice of revocation to Jabil’s General Counsel (Xxxxx Xxxx) in St. Petersburg, Florida so that it is received not later than the close of business on the seventh day after Executive has signed the Release. If Executive timely revokes the waiver and release of ADEA and OWBPA claims:
1. All other items contained in this Section 1 remain effective (all other Released Claims except those relating to the ADEA or the OWBPA will continue to be waived and released); and
2. Executive will only be entitled to receive the benefits described in clauses (i), (ii), (v), (vi), and (vii), of Paragraph 2(A) of the Mutual Separation Release and Agreement previously entered into between the Parties (Executive will no longer be entitled to receive the benefits described in 2(A)(iii) and (iv) of that Prior Agreement).
vi. Notwithstanding any other provisions, this Release does not waive or release any rights or claims that Executive may have under the Age Discrimination in Employment Act or Older Worker Benefits Protection Act that arise after the execution of this Release.
Release of Age Claims. Executive expressly and specifically waives any and all rights or claims which he may have under the Age Discrimination in Employment Act of 1967, 29 U.S.C. Section 621 et seq. (“ADEA”). Executive acknowledges that this waiver is knowingly and voluntarily made and specifically agrees that: (i) this waiver is written in a manner that he understands; (ii) this waiver specifically relates to rights and claims under the ADEA; (iii) he does not waive any rights or claims that may arise after the date he signs this Agreement; (iv) he is waiving these rights or claims in exchange for substantial consideration in excess of anything of value to which he is otherwise entitled to receive; (v) he has been advised in writing, and given the opportunity, to consult with an attorney before signing this Agreement; (vi) he has been given a period of 21 days to review this Agreement; and (viii) after Executive has signed this Agreement, he or the Company may revoke this Agreement by providing written notice as provided in Section 9 hereof within 7 days following his execution of the Agreement or if later by ___, 200 . Notwithstanding the foregoing, Executive’s termination of employment at ___, 200___shall be unaffected by his revocation of this Agreement. Executive specifically agrees that the 21-day period that he has to review this Agreement (including this release) and to consult an attorney began to run on the date he executed the Amendment, and that any changes made since that date have not extended or restarted that 21-day period.
Release of Age Claims. (a) Xx. Xxxxx represents, acknowledges and agrees that the Company has advised him in writing, to discuss this Agreement with an attorney, and to that extent, if any, that Xx. Xxxxx has desired, Xx. Xxxxx has done so; that the Company has given Xx. Xxxxx twenty-one (21) days to review and consider this Agreement and its age waiver before signing it, and Xx. Xxxxx understands that he may use as much of this twenty-one (21) day period as he wishes prior to signing; and that no promise, representation, warranty or agreements not contained herein have been made by or with anyone to cause him to sign this Agreement; that he has read this Agreement in its entirety, and fully understands and is aware of its meaning, intent, content and legal effect; and that he is executing this release voluntarily and free of any duress or coercion.
(b) The parties acknowledge that for a period of seven (7) days following the execution of this Agreement, Xx. Xxxxx may revoke the age waiver, and the age waiver shall not become effective or enforceable until the revocation period has expired. This age waiver shall become effective eight (8) days after it has been signed by Xx. Xxxxx and the Company, and in the event the parties do not sign on the same date, then this age waiver shall become effective eight (8) days after the date it is signed by Xx. Xxxxx.
(c) In the event that Xx. Xxxxx revokes the Agreement within the time period outlined above, then the Company shall have no duty to pay severance as outlined in paragraph 2 above. In the event severance is prepaid, then Xx. Xxxxx shall immediately refund to the Company said severance pay immediately upon revocation of the Agreement.
Release of Age Claims. Executive understands and agrees that he is knowingly and voluntarily entering into this Agreement with the purpose of releasing and waiving any claims he may have against Released Parties under the Age Discrimination in Employment Act of 1967 (the “ADEA”) and/or age discrimination claims under Chapter 21 of the Texas Labor Code, Tex. Lab. Code §§ 21.001, et. seq. (“Chapter 21”). Executive acknowledges and agrees that:
(a) This Agreement is written in a manner that he fully understands;
(b) Executive specifically releases and waives any rights or claims against the Released Parties arising for age claims under the ADEA or Chapter 21;
(c) This Agreement does not waive any rights or claims under the ADEA or Chapter 21 that may arise after the date this Agreement is executed;
(d) The rights and claims Executive is releasing and waiving in this Agreement are in exchange for consideration over and above anything to which he is already entitled;
(e) Executive is hereby advised in writing to consult with an attorney prior to executing this Agreement;
(f) Executive has been given a period of at least twenty-one (21) days within which to consider this Agreement; and
(g) Executive understands and acknowledges that he has a period of seven (7) days after executing this Agreement within which he can revoke the release of claims under Section 7 of this Agreement, and the Agreement shall not become effective or enforceable until the revocation period has expired. To the extent Executive seeks to revoke his release of any age discrimination claims under the ADEA and/or Chapter 21 under this Section, any such revocation must be made in writing and sent to counsel for the Company, Xxxxxxx X. Xxxxxx, 0000 Xxxx Xxxxxx, Suite 1500, Dallas, TX 75201, within the seven (7) day time limit set forth above. Executive understands that nothing in this Agreement is intended to interfere with his right to later challenge his waiver of an ADEA or Chapter 21 claim for age discrimination.
Release of Age Claims. Employee expressly and specifically waives any and all rights or claims that Employee may have under the Age Discrimination in Employment Act of 1967, 29 U.S.C. Section 621 et seq., as amended (“ADEA”). Employee acknowledges that this waiver is knowingly and voluntarily made, and specifically agrees that: (i) this agreement and waiver is written in a manner that Employee understands; (ii) this waiver specifically relates to rights and claims under the ADEA; (iii) Employee does not waive any rights or claims that may arise after the date of this Release; (iv) Employee waives these rights or claims in exchange for substantial consideration in excess of anything of value to which Employee is otherwise entitled to receive; and (v) Employee has been advised in writing, and given the opportunity, to consult with an attorney prior to executing this Release.
Release of Age Claims. By signing this Agreement, Executive is expressly waiving and fully releasing any claim that relates to age discrimination, the Age Discrimination in Employment Act, and the Older Workers' Benefits Protection Act, for any claim that may have arisen prior to the date of signature of this Agreement. Accordingly,
a. Executive acknowledges and agrees that Executive has read and understands the terms of this Agreement;
b. Executive is encouraged to consult with an attorney before executing this Agreement, Executive has obtained and considered such legal counsel as Executive deems necessary, and Executive enters into this Agreement freely, knowingly, and voluntarily; and
c. Executive acknowledges that Executive has been given at least twenty one (21) days in which to consider whether or not to enter into this Agreement. Notwithstanding any other provision in this Agreement, this Agreement does not waive or release any rights or claims that Executive may have under the Age Discrimination in Employment Act or Older Workers' Benefits Protection Act that arise after the execution of this Agreement.
Release of Age Claims. In exchange for the payments set forth in Paragraph 2(b) of the Separation Agreement and Release between F45 Training Holdings Inc. (“F45” or the “Company”) and Xxxx Xxxxxxxxx (“you”) dated July 24, 2022 (the “Agreement”), you hereby waive all claims under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (“ADEA”) and the Older Workers’ Benefits Protection Act (“OWBPA”) against the Company and Company Releasees (as defined in the Agreement), including but not limited to claims arising out of your employment with the Company or your resignation from employment.
Release of Age Claims. Executive understands that the release set forth in Paragraph 8 above includes a release and waiver of any claims Executive may have under the ADEA against the Released Parties prior to and including the date Executive executes this Agreement. Executive understands that the ADEA is a federal statute that prohibits discrimination on the basis of age in employment, benefits and benefit plans. Executive acknowledges that he has been given a reasonable period of time to consider this Agreement and the release paragraph. Executive further understand that by signing this Agreement Executive - on behalf of himself, his family, assigns, representatives, agents, estate, heirs, beneficiaries, executors, administrators, successors, and/or attorneys, if any - are in fact waiving, releasing and forever giving up any claim under the ADEA (subject to the revocation period set forth in Paragraph 33 below) that may have existed on or prior to the date upon which Executive executes this release. Executive acknowledge that the benefits to be provided to Executive pursuant to this Agreement exceed anything of value to which Executive would otherwise be entitled, if Executive did not execute this Agreement.
Release of Age Claims. I expressly and specifically waive any and all rights or claims which I may have under the Age Discrimination in Employment Act of 1967, 29 U.S.C. Section 621 et seq. (the “ADEA”). I acknowledge that this waiver is knowingly and voluntarily made and specifically agree that (i) this waiver is written in a manner that I understand; (ii) this waiver specifically relates to rights and claims under the ADEA; (iii) I do not waive any such rights or claims that may arise after the date I sign this Agreement; (iv) I am waiving these rights or claims in exchange for substantial consideration in excess of anything of value to which I am otherwise entitled to receive; and (v) I have been advised in writing, and given the opportunity, to consult with an attorney before signing this Agreement.
Release of Age Claims. Employee understands that the release set forth above includes a release and waiver of any claims Employee may have under the ADEA against the Kura Sushi Releasees prior to and including the date this Agreement is executed by Employee. Employee understands that the ADEA is a federal statute that prohibits discrimination on the basis of age in employment, benefits and benefit plans. Employee acknowledges that he has been given a reasonable period of time to consider this Agreement and the release paragraph. Employee further understands that by signing this Agreement he is in fact waiving, releasing and
