Common use of Release of Age Discrimination Claims; Periods for Review and Reconsideration Clause in Contracts

Release of Age Discrimination Claims; Periods for Review and Reconsideration. a. Employee understands and agrees that this Agreement includes a release of claims arising under the Age Discrimination in Employment Act (ADEA), and that this Agreement does not waive rights or claims that may arise after the date the waiver is executed. Employee understands and warrants that Employee has a period of twenty-one (21) days to review and consider this Agreement. Employee is hereby advised to consult with an attorney prior to executing the Agreement. By Employee's signature below, Employee warrants that Employee has had the opportunity to do so and to be fully and fairly advised by that legal counsel as to the terms of the Agreement. Employee further understands that Employee may use as much or all of this 21-day period as Employee wishes before signing. b. Employee further understands that Employee has seven (7) days after signing this Agreement to revoke the Agreement by notice in writing to Omnicell's Vice President, Human Resources, located at 0000 Xxxxxxxxxx Xxxx, Xxxxxxxx Xxxx, XX 00000 ("Employer Contact"). This Agreement shall be binding, effective, and enforceable upon Employee upon the expiration of this seven-day revocation period without the Employer Contact having received such revocation, but not before such time. Employee understands and agrees that any payments hereunder shall not be made prior to the expiration of this seven-day revocation period.

Appears in 1 contract

Samples: Separation Agreement (OMNICELL, Inc)

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Release of Age Discrimination Claims; Periods for Review and Reconsideration. a. Employee (a) The Executive understands and agrees that this Agreement includes a release of claims arising under the Age Discrimination in Employment Act Act. The Executive understands, agrees and represents that the covenants made herein may affect rights and liabilities of substantial extent and agrees that the covenants and releases provided herein are in the Executive’s best interest. The Executive acknowledges under penalties of perjury that (ADEA), i) the Executive has been and that this Agreement does not waive rights or claims that may arise after the date the waiver is executed. Employee understands and warrants that Employee has a period of twenty-one (21) days to review and consider this Agreement. Employee is hereby advised to consult with an attorney prior to executing this Agreement; (ii) the Executive has been given a period of twenty-one days within which to consider this Agreement; (iii) the Executive has signed this Agreement free of duress or coercion; and (iv) the Executive is fully aware of his rights, and has carefully read and fully understands all provisions of this Agreement before signing. By Employee's signature belowFurther, Employee the Executive represents and warrants that Employee in negotiating and executing this Agreement he has had the an adequate opportunity to do so and to be fully and fairly advised by that consult with competent legal counsel as of the Executive’s choosing concerning the meaning and effect of each term and provision hereof, and that there are no representations, promises, or agreements between the Company and the Executive with respect to the terms of matters contemplated by this Agreement other than those expressly set forth in writing herein or in the Severance Agreement. Employee . (b) The Executive further warrants that he understands that Employee may use as much or all of this 21-day period as Employee wishes before signing. b. Employee further understands that Employee he has seven (7) days after signing this Agreement to revoke the Agreement by notice in writing to Omnicell's Vice PresidentAmerican Superconductor Corporation, Human Resources, located at 0000 Xxxxxxxxxx 00 Xxxxxxx Xxxx, Xxxxxxxx XxxxDevens, XX 00000 ("Employer Contact")Massachusetts 01434, Attention: General Counsel. This Agreement shall be binding, effective, and enforceable upon Employee both parties upon the expiration of this seven-day revocation period (the “Effective Date”) without the Employer Contact Company’s General Counsel having received such revocation, but not before such time. Employee understands and agrees that any payments hereunder shall not be made prior to the expiration of this seven-day revocation period.

Appears in 1 contract

Samples: Executive Severance Agreement (American Superconductor Corp /De/)

Release of Age Discrimination Claims; Periods for Review and Reconsideration. a. Employee understands and agrees that this Agreement document includes a release of claims arising under the Age Discrimination in Employment Act (ADEA), and that this Agreement does not waive rights or claims that may arise after the date the waiver is executedRelease Date. Employee understands and warrants that Employee has been given a period of at least twenty-one (21) days to review and consider this AgreementAgreement and Employee may use as much or all of this 21-day period as Employee wishes before signing, and that Employee has done so. Employee understands that Employee is hereby advised to consult with an attorney prior to executing the Agreement. By Employee's signature below, Employee warrants that Employee has had the opportunity to do so and to be fully and fairly advised by that legal counsel as to the terms of the Agreement. Employee further understands that Employee may use as much or all of this 21-day period as Employee wishes before signing. b. Employee further understands that Employee has seven (7) days after signing this Agreement the Release Date to revoke the Agreement it by notice in writing delivered to Omnicell's Vice President, Human Resources, located at 0000 Xxxxxxxxxx Xxxx, Xxxxxxxx Xxxx, XX 00000 ("Employer Contact")the Company. This Agreement shall be binding, effective, and enforceable upon Employee upon the expiration of this seven-day revocation period without the Employer Contact having received such revocationrevocation being received, but not before such time. Employee understands and agrees that any payments hereunder shall Special Severance Package contingent upon the execution of this Agreement will not be made prior to the expiration of this seven-day revocation period. Payment of Special Severance Package is conditioned on the execution of this Agreement, and will be made within fourteen (14) days following (i) the expiration of the seven-day revocation period, or (ii) the Separation Date, whichever is later.

Appears in 1 contract

Samples: Separation Agreement (Treace Medical Concepts, Inc.)

Release of Age Discrimination Claims; Periods for Review and Reconsideration. a. Employee (a) Executive understands and agrees that this Agreement includes a release of claims arising under the Age Discrimination in Employment Act (ADEA), and that this Agreement does not waive rights or claims that may arise after the date the waiver is executed. Employee Executive understands and warrants that Employee he has been given a period of twenty-one (21) days to review and consider this Agreement. Employee Executive is hereby advised to consult with an attorney prior to executing the Agreement. By Employee's Executive’s signature below, Employee warrants Executive represents that Employee he has had the opportunity to do so and to be fully and fairly advised by that legal counsel as to the terms of the Agreement. Employee Executive further understands that Employee he may use as much or all of this 21-day period as Employee he wishes before signing, and represents that he has done so. b. Employee (b) Executive further understands that Employee he has seven (7) days after signing this Agreement to revoke the Agreement by notice in writing to Omnicell's Xxxx Xxxxxxxxxxx, Vice President, President — Human Resources, located at 0000 Xxxxxxxxxx Xxxx, Xxxxxxxx Xxxx, XX 00000 Resources ("Employer the “Company Contact")”) in accordance with the notice procedures of Section 10. This Agreement shall be binding, effective, and enforceable upon Employee Executive upon the expiration of this seven-day revocation period without the Employer Company Contact having received such revocation, but not before such time. Employee Executive understands and agrees that any payments hereunder shall not be made prior to the expiration of this seven-day revocation period. (c) Notwithstanding the provisions of Section 5, the promise not to xxx contained therein shall not apply to claims arising under ADEA. However, the release contained therein shall apply in full to such claims.

Appears in 1 contract

Samples: Retirement Agreement (Horizon Lines, Inc.)

Release of Age Discrimination Claims; Periods for Review and Reconsideration. a. Employee understands and agrees that this Agreement includes a release of claims arising under the Age Discrimination in Employment Act (ADEA), and that this Agreement does not waive rights or claims that may arise after the date the waiver is executed. Employee understands and warrants that Employee he has a period of twenty-one (21) days to review and consider this Agreement. Employee is hereby advised to consult with an attorney prior to executing the Agreement. By Employee's ’s signature below, Employee warrants that Employee he has had the opportunity to do so and to be fully and fairly advised by that legal counsel as to the terms of the Agreement. Employee further understands that Employee he may use as much or all of this 21-day period as Employee he wishes before signing. b. Employee further understands that Employee he has seven (7) days after signing this Agreement to revoke the Agreement by notice in writing to Omnicell's to: Xxxxx Xxxxxxx, Vice President, Human Resources, located at Omnicell, Inc., 0000 Xxxxxxxxxx Xxxx, Xxxxxxxx Xxxx, XX 00000 ("Employer Contact"). This Agreement shall be binding, effective, and enforceable upon Employee upon the expiration of this seven-day revocation period without the Employer Contact having received such revocation, but not before such time. Employee understands and agrees that any payments hereunder shall not be made prior to the expiration of this seven-day revocation period.

Appears in 1 contract

Samples: Separation Agreement (OMNICELL, Inc)

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Release of Age Discrimination Claims; Periods for Review and Reconsideration. a. Employee understands and agrees that this Agreement Release includes a release of claims arising under the Age Discrimination in Employment Act (ADEA), and that this Agreement Release does not waive rights or claims that may arise after the date the waiver is executed. Employee understands and warrants that Employee has a period of twenty-one (21) days to review and consider this AgreementRelease. Employee is hereby advised to consult with an attorney prior to executing the AgreementRelease. By Employee's ’s signature below, Employee warrants that Employee has had the opportunity to do so and to be fully and fairly advised by that legal counsel as to the terms of the AgreementRelease. Employee further understands that Employee may use as much or all of this 21-day period as Employee wishes before signing. b. Employee further understands that Employee has seven (7) days after signing this Agreement Release to revoke the Agreement Release by notice in writing to to: Xxx Xxxx, CFO Omnicell's Vice President, Human ResourcesInc., located at 0000 Xxxxxxxxxx Xxxx, Xxxxxxxx Xxxx, XX 00000 ("Employer “Omnicell Contact"). This Agreement Release shall be binding, effective, and enforceable upon Employee upon the expiration of this seven-day revocation period without the Employer Omnicell Contact having received such revocation, but not before such time. Employee understands and agrees that any payments hereunder shall not be made prior to the expiration of this seven-day revocation period.

Appears in 1 contract

Samples: Employment Agreement (OMNICELL, Inc)

Release of Age Discrimination Claims; Periods for Review and Reconsideration. a. Employee understands and agrees that this Agreement includes a release of claims arising under the Age Discrimination in Employment Act (ADEA), and that this Agreement does not waive rights or claims that may arise after the date the waiver is executed. Employee understands and warrants that Employee he has been given a period of twenty-one (21) days to review and consider this Agreement. Employee is hereby advised to consult with an attorney prior to executing the Agreement. By Employee's ’s signature below, Employee warrants that Employee he has had the opportunity to do so and to be fully and fairly advised by that legal counsel as to the terms of the Agreement. Employee further understands that Employee he may use as much or all of this 21-day period as Employee he wishes before signing, and warrants that he has done so. Employee also acknowledges that the consideration given for the ADEA Waiver is in addition to anything of value to which Employee was already entitled. b. Employee further understands that Employee he has seven (7) days after signing this Agreement to revoke the Agreement by notice in writing to Omnicell's to: Vice President, Human Resources, located at Omnicell, Inc., 0000 Xxxxxxxxxx Xxxx, Xxxxxxxx Xxxx, XX 00000 ("Employer Contact"). This Agreement shall be binding, effective, and enforceable upon Employee upon the expiration of this seven-day revocation period without the Employer Contact having received such revocation, but not before such time. Employee understands and agrees that any payments hereunder shall not be made prior to the expiration of this seven-day revocation period.

Appears in 1 contract

Samples: Separation Agreement (Omnicell Inc /Ca/)

Release of Age Discrimination Claims; Periods for Review and Reconsideration. a. Employee (a) Executive understands and agrees that this Agreement includes a release of claims arising under the Age Discrimination in Employment Act (ADEA), and that this Agreement does not waive rights or claims that may arise after the date the waiver is executed. Employee Executive understands and warrants that Employee he has been given a period of twenty-one (21) days to review and consider this Agreement. Employee Executive is hereby advised to consult with an attorney prior to executing the Agreement. By Employee's Executive’s signature below, Employee warrants Executive represents that Employee he has had the opportunity to do so and to be fully and fairly advised by that legal counsel as to the terms of the Agreement. Employee Executive further understands that Employee he may use as much or all of this 21-day period as Employee he wishes before signing, and represents that he has done so. b. Employee (b) Executive further understands that Employee he has seven (7) days after signing this Agreement to revoke the Agreement by notice in writing to Omnicell's E. Xxxxx Xxxxx, Executive Vice President, Human Resources, located at 0000 Xxxxxxxxxx Xxxx, Xxxxxxxx Xxxx, XX 00000 Finance and Administration ("Employer the “Company Contact"). This Agreement shall be binding, effective, and enforceable upon Employee Executive upon the expiration of this seven-day revocation period without the Employer Company Contact having received such revocation, but not before such time. Employee Executive understands and agrees that any payments hereunder shall not be made prior to the expiration of this seven-day revocation period. (c) Notwithstanding the provisions of Section 8, the promise not to xxx contained therein shall not apply to claims arising under the federal Age Discrimination in Employment Act (ADEA). However, the release contained therein shall apply in full to such claims.

Appears in 1 contract

Samples: Retirement Agreement (Hooker Furniture Corp)

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