Release of Age Discrimination Claims. In further consideration of the promises made by Company in the Agreement, Executive specifically waives any and all rights in connection with, and fully RELEASES and forever discharges the Released Parties from, any and all torts, contracts, claims, suits, actions, causes of action, demands, rights, damages, costs, expenses, attorneys’ fees, and compensation in any form whatsoever, whether now known or unknown, in law or in equity, which Executive has or ever had (from the beginning of time through and including the date hereof) against any of the Released Parties, arising under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. Sec. 621, et seq. (“ADEA”). Executive further agrees that: (a) Executive’s waiver of rights under this Release is knowing and voluntary and in compliance with the Older Workers Benefit Protection Act of 1990; (b) Executive understands the terms of this Release; (c) the consideration provided in the Agreement represents consideration over and above that to which Executive otherwise would be entitled, that the consideration would not have been provided had Executive not signed this Release, and that the consideration is in exchange for the signing of this Release; (d) Company is hereby advising Executive in writing to consult with Executive’s attorney prior to executing this Release; (e) Company is giving Executive a period of at least forty-five (45) days within which to consider this Release; (f) following the execution of this Release, Executive has seven (7) days in which to revoke this Release by written notice. To be effective, the revocation must be made in writing and delivered to and received by the Chairman of the Board of Directors, Allscripts Healthcare Solutions, Inc., 000 Xxxxxxxxxxx Xxxx Xxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000, no later than 5:00 p.m. Central Time on the seventh day after Executive executes this Release. An attempted revocation not actually received by the Chairman of the Board of Directors before the revocation deadline will not be effective; and (g) this entire Release shall be void and of no force and effect if Executive chooses to so revoke, and, if Executive chooses not to so revoke, this Release shall then become fully effective and enforceable. This Section 2 does not waive rights or claims that may arise under the ADEA after the date Executive signs this Release.
Appears in 2 contracts
Samples: Separation Agreement (Allscripts Healthcare Solutions, Inc.), Separation Agreement (Allscripts Healthcare Solutions, Inc.)
Release of Age Discrimination Claims. In further consideration Employee understands that the general release in Section 4 above includes a waiver of the promises made by Company in the Agreement, Executive specifically waives any and all rights in connection with, and fully RELEASES and forever discharges the Released Parties from, any and all torts, contracts, claims, suits, actions, causes of action, demands, rights, damages, costs, expenses, attorneys’ fees, and compensation in any form whatsoever, whether now known claims Employee had or unknown, in law or in equity, which Executive has or ever had (from the beginning of time through and including the date hereof) may claim to have against Employer Group as well as any of the Released Partiesother Releasees, including any rights and claims which Employee may claim to have arising under the Age Discrimination in Employment Act ADEA. Employee admits that this Agreement satisfies the requirements of 1967, as amended, 29 U.S.C. Sec. 621, et seq. (“ADEA”§ 626(f). Executive further Employee also acknowledges and agrees that:
(a) Executive’s waiver of rights under this Release is knowing that Employee has read and voluntary and in compliance with the Older Workers Benefit Protection Act of 1990;
(b) Executive understands the terms of this Release;
(c) the consideration provided in the Agreement Agreement. Employee represents consideration over and above that to which Executive otherwise would be entitled, that the consideration would not have Employee has been provided had Executive not signed this Release, and that the consideration is in exchange for the signing of this Release;
(d) Company is hereby advising Executive advised in writing by this Agreement to consult with Executive’s an attorney prior to executing of his choosing regarding the waiver of rights and claims under the ADEA. Employee also acknowledges that Employee has obtained and considered such legal counsel as Employee deems necessary, such that Employee is entering into this Release;
(e) Company is giving Executive a period of Agreement freely, knowingly, and voluntarily. Employee further acknowledges that Employee has been given at least fortytwenty-five one (45) days within which to consider this Release;
(f) following the execution of this Release, Executive has seven (721) days in which to consider whether or not to enter into this Agreement. Employee understands that, at Employee’s option, Employee may elect not to use the full 21-day period. Employee also understands that this Agreement shall not become enforceable until eight (8) days after Employee has executed this Agreement. If Employee does not revoke his acceptance within the seven (7) day period after this Release Agreement is executed by written notice. To be effectiveEmployee, the revocation must be made in writing Employee understands this Agreement shall become binding and delivered to and received by the Chairman of the Board of Directors, Allscripts Healthcare Solutions, Inc., 000 Xxxxxxxxxxx Xxxx Xxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000, no later than 5:00 p.m. Central Time enforceable on the seventh day after Executive executes this Releaseeighth day. An attempted revocation Employee further understands that Employee is not actually received by the Chairman of the Board of Directors before the revocation deadline will not be effective; and
(g) this entire Release shall be void and of no force and effect if Executive chooses to so revoke, and, if Executive chooses not to so revoke, this Release shall then become fully effective and enforceable. This Section 2 does not waive waiving any rights or claims under the ADEA that may arise under the ADEA after the effective date Executive signs of this ReleaseAgreement.
Appears in 2 contracts
Samples: Separation Agreement (Evolus, Inc.), Separation Agreement (Evolus, Inc.)
Release of Age Discrimination Claims. In further consideration With respect to the Associate’s release and waiver of the promises made by Company in the Agreement, Executive specifically waives any and all rights in connection with, and fully RELEASES and forever discharges the Released Parties from, any and all torts, contracts, claims, suits, actions, causes of action, demands, rights, damages, costs, expenses, attorneys’ fees, and compensation in any form whatsoever, whether now known or unknown, in law or in equity, which Executive has or ever had (from the beginning of time through and including the date hereof) against any of the Released Parties, arising claims under the Age Discrimination ADEA as described in Employment Act of 1967Section 4(a) above, as amended, 29 U.S.C. Sec. 621, et seq. (“ADEA”). Executive further the Associate agrees thatand acknowledges the following:
(ai) Executive’s waiver of rights under The Associate has reviewed this Release is knowing Agreement carefully and voluntary understands its terms and in compliance with the Older Workers Benefit Protection Act of 1990;
(b) Executive understands the terms of this Release;
(c) the consideration provided in the Agreement represents consideration over and above that to which Executive otherwise would be entitled, that the consideration would not have conditions. The Associate has been provided had Executive not signed this Releaseadvised, and that the consideration by this Agreement is in exchange for the signing of this Release;
(d) Company is hereby advising Executive in writing again advised, to consult with Executivean attorney of the Associate’s attorney choice prior to executing entering into this Release;Agreement.
(eii) Company is giving Executive The Associate shall have twenty-one (21) days from receipt of this Agreement to consider and execute the Agreement. Following the execution by the Associate of this Agreement, the Associate shall have a period of at least forty-five (45) days within which to consider this Release;
(f) following the execution of this Release, Executive has seven (7) days in during which to revoke this Release by written notice. To be effective, the revocation must be made in writing waiver and delivered to and received by the Chairman release of the Board of Directors, Allscripts Healthcare Solutions, Inc., 000 Xxxxxxxxxxx Xxxx Xxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000, no later than 5:00 p.m. Central Time on the seventh day after Executive executes this Release. An attempted revocation not actually received by the Chairman of the Board of Directors before the revocation deadline will not be effective; and
(g) this entire Release shall be void and of no force and effect if Executive chooses to so revoke, and, if Executive chooses not to so revoke, this Release shall then become fully effective and enforceable. This Section 2 does not waive rights or any claims that may arise under the ADEA, which shall not have the effect of revoking the waiver and release of any other claims. In the event of a revocation of the Associate’s waiver and release of ADEA claims, the Associate shall furnish written notice thereof during the seven (7) day period immediately following execution of the Agreement to Xxxxxx Xxxxxxx, Senior Vice President, Global Compensation.
(iii) The Associate understands and agrees that the waiver of ADEA rights, as to claims the Associate may have that arose prior to the date of this Agreement, is knowing and voluntary, that the waiver does not include any ADEA rights which may arise after the date Executive signs execution of this ReleaseAgreement, and that the Associate is receiving consideration hereunder to which the Associate would otherwise not be entitled in the absence of the Associate’s release of claims under the ADEA.
(iv) No payments will be made to the Associate under this Agreement until after the Associate has executed and delivered this Agreement to Walmart, the above-mentioned seven-day revocation period has expired, and the Associate has separated from employment as set forth in Section 1 of this Agreement.
Appears in 2 contracts
Samples: Retirement Agreement, Retirement Agreement (Wal Mart Stores Inc)
Release of Age Discrimination Claims. In further consideration of the promises made by Company in the Agreement, Executive specifically waives WAIVES any and all rights in connection with, and fully RELEASES and forever discharges the Released Parties from, any and all torts, contracts, claims, suits, actions, causes of action, demands, rights, damages, costs, expenses, attorneys’ fees, and compensation in any form whatsoever, whether now known or unknown, in law or in equity, which Executive has or ever had (from the beginning of time through and including the date hereof) against any of the Released Parties, arising under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. Sec. 621, et seq. (“ADEA”). Executive further agrees that:
(a) Executive’s waiver of rights under this Release is knowing and voluntary and in compliance with the Older Workers Benefit Protection Act of 1990;
(b) Executive understands the terms of this Release;
(c) the consideration provided in the Agreement represents consideration over and above that to which Executive otherwise would be entitled, that the consideration would not have been provided had Executive not signed this Release, and that the consideration is in exchange for the signing of this Release;
(d) Company is hereby advising Executive in writing to consult with Executive’s attorney prior to executing this Release;
(e) Company is giving Executive a period of at least forty-five (45) days within which to consider this Release;
(f) following Following the execution of this Release, Release Executive has seven (7) days in which to revoke this Release by written notice. To be effective, the revocation must be made in writing and delivered to and received by the Chairman of the Board of DirectorsGeneral Counsel, Allscripts Healthcare Solutions, Inc., 000 200 Xxxxxxxxxxx Xxxx Xxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000, no later than 5:00 4:00 p.m. Central Time on the seventh day after Executive executes this Release. An attempted revocation not actually received by the Chairman of the Board of Directors General Counsel before the revocation deadline will not be effective; and
(g) this This entire Release shall be void and of no force and effect if Executive chooses to so revoke, and, if Executive chooses not to so revoke, this Release shall then become fully effective and enforceable. This Section 2 does not waive rights or claims that may arise under the ADEA after the date Executive signs this Release. In addition, nothing in this Release shall in any way affect Executive’s right to indemnification, coverage and expense advancement to the extent provided by Company’s operating agreement or other applicable Company or insurance policies; provided, however, that Company shall not be liable, and shall not provide a defense and indemnification for any claim wherein Executive has not satisfied the applicable standard of conduct set forth in such operating agreement or other applicable policies, or wherein Executive has committed any acts of fraud, embezzlement or gross misconduct.
Appears in 1 contract
Samples: Separation Agreement (Allscripts Healthcare Solutions, Inc.)
Release of Age Discrimination Claims. In further consideration With respect to the Associate’s release and waiver of claims under the promises made by Company ADEA as described in Section 5(a) above, the Agreement, Executive specifically waives any Associate agrees and all rights in connection withacknowledges the following:
i. The Associate has reviewed this Agreement carefully and understands its terms and conditions. The Associate has been advised, and fully RELEASES and forever discharges the Released Parties fromby this Agreement is again advised, any and all torts, contracts, claims, suits, actions, causes of action, demands, rights, damages, costs, expenses, attorneys’ fees, and compensation in any form whatsoever, whether now known or unknown, in law or in equity, which Executive has or ever had (from the beginning of time through and including the date hereof) against any of the Released Parties, arising under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. Sec. 621, et seq. (“ADEA”). Executive further agrees that:
(a) Executive’s waiver of rights under this Release is knowing and voluntary and in compliance with the Older Workers Benefit Protection Act of 1990;
(b) Executive understands the terms of this Release;
(c) the consideration provided in the Agreement represents consideration over and above that to which Executive otherwise would be entitled, that the consideration would not have been provided had Executive not signed this Release, and that the consideration is in exchange for the signing of this Release;
(d) Company is hereby advising Executive in writing to consult with Executivean attorney of the Associate’s attorney choice prior to entering into this Agreement.
ii. The Associate shall have twenty-one (21) days from receipt of this Agreement to consider and execute the Agreement by fully executing it below and returning it to Walmart; otherwise, the terms and provisions of this Release;Agreement become null and void. The Associate agrees that any modifications, material or otherwise, made to this Agreement do not restart or affect in any manner the original review period.
(e) Company is giving Executive iii. The Associate will have a period of at least forty-five (45) days within which to consider this Release;
(f) following the execution of this Release, Executive has seven (7) calendar days in after Associate signs the Agreement during which to revoke the Agreement. The Associate must provide written notice of revocation during the seven (7) day period to Xxx Xxxx, Senior Vice President, Global Total Rewards. Any revocation within this Release by period must expressly state, “I hereby revoke my Agreement.” The written notice. To be effective, the revocation must be made in writing and delivered to Xxx Xxxx, Senior Vice President, Global Total Rewards, or to her successor, and received by the Chairman be postmarked within seven (7) calendar days of the Board Associate’s execution of Directors, Allscripts Healthcare Solutions, Inc., 000 Xxxxxxxxxxx Xxxx Xxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000, no later than 5:00 p.m. Central Time on this Agreement. This Agreement will not become effective or enforceable until the seventh revocation period has expired. If the last day after Executive executes this Release. An attempted revocation not actually received by the Chairman of the Board of Directors before revocation period is a Saturday, Sunday, or legal holiday, then the revocation deadline period will not be effective; andexpire until the next following day that is not a Saturday, Sunday, or legal holiday.
(g) this entire Release shall be void and of no force and effect if Executive chooses to so revoke, and, if Executive chooses not to so revoke, this Release shall then become fully effective and enforceableiv. This Section 2 does not waive The Associate knows that he is waiving his rights or claims that may arise under the ADEA and does so voluntarily. The Associate realizes the waiver does not include any ADEA rights which may arise after the date Executive Associate signs this ReleaseAgreement. By signing this Agreement, the Associate acknowledges that he is receiving consideration that the Associate would not otherwise be entitled to receive.
v. No transition payments or acceleration of equity pursuant to Section 3 of this Agreement shall occur or be effective until after (1) the Associate has executed and delivered this Agreement to Walmart, (2) the above-mentioned seven-day revocation period has expired, and (3) the Associate has separated from employment with Walmart as set forth in Section 1 of this Agreement.
Appears in 1 contract
Samples: Retirement Agreement (Walmart Inc.)
Release of Age Discrimination Claims. In further consideration With respect to the Associate’s release and waiver of the promises made by Company in the Agreement, Executive specifically waives any and all rights in connection with, and fully RELEASES and forever discharges the Released Parties from, any and all torts, contracts, claims, suits, actions, causes of action, demands, rights, damages, costs, expenses, attorneys’ fees, and compensation in any form whatsoever, whether now known or unknown, in law or in equity, which Executive has or ever had (from the beginning of time through and including the date hereof) against any of the Released Parties, arising claims under the Age Discrimination ADEA as described in Employment Act of 1967Section 5 above, as amended, 29 U.S.C. Sec. 621, et seq. (“ADEA”). Executive further the Associate agrees thatand acknowledges the following:
(ai) Executive’s waiver of rights under The Associate has reviewed this Release is knowing Agreement carefully and voluntary understands its terms and in compliance with the Older Workers Benefit Protection Act of 1990;
(b) Executive understands the terms of this Release;
(c) the consideration provided in the Agreement represents consideration over and above that to which Executive otherwise would be entitled, that the consideration would not have conditions. The Associate has been provided had Executive not signed this Releaseadvised, and that the consideration by this Agreement is in exchange for the signing of this Release;
(d) Company is hereby advising Executive in writing again advised, to consult with Executivean attorney of the Associate’s attorney choice prior to executing entering into this Release;Agreement.
(eii) Company is giving Executive The Associate shall have twenty-one (21) days from receipt of this Agreement to consider and execute the Agreement by fully executing it below and returning it to Walmart; otherwise, the terms and provisions of this Agreement become null and void. The Associate agrees that any modifications, material or otherwise, made to this Agreement do not restart or affect in any manner the original review period.
(iii) The Associate will have a period of at least forty-five (45) days within which to consider this Release;
(f) following the execution of this Release, Executive has seven (7) calendar days in after Associate signs the Agreement during which to revoke the Agreement. The Associate must provide written notice of revocation during the seven (7) day period to Jackie Telfair, Senior Vice President, Globax Xxxxx Xxxxxxs. Any revocation within this Release by period must expressly state, “I hereby revoke my Agreement.” The written notice. To be effective, the revocation must be made in writing delivered to Jackie Telfair, Senior Vice President, Globax Xxxxx Xxxxxxs, or to her successor, and be postmarked within seven (7) calendar days of the Associate’s execution of this Agreement. This Agreement will not become effective or enforceable until the revocation period has expired. If the last day of the revocation period is a Saturday, Sunday, or legal holiday, then the revocation period will not expire until the next following day that is not a Saturday, Sunday, or legal holiday.
(iv) The Associate knows that he is waiving his rights under the ADEA and does so voluntarily. The Associate realizes the waiver does not include any ADEA rights which may arise after the Associate signs this Agreement. By signing this Agreement, the Associate acknowledges that he is receiving consideration that the Associate would not otherwise be entitled to receive.
(v) No payments or acceleration of equity pursuant to Section 3 of this Agreement shall occur or be effective until after (1) the Associate has executed and delivered this Agreement to Walmart, (2) the above-mentioned seven-day revocation period has expired, (3) the Associate has executed and delivered to Walmart an updated waiver and received by the Chairman release of claims substantially similar to this Section 5 as of the Board Retirement Date; and (4) the Associate has separated from employment with Walmart as set forth in Section 1 of Directors, Allscripts Healthcare Solutions, Inc., 000 Xxxxxxxxxxx Xxxx Xxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000, no later than 5:00 p.m. Central Time on the seventh day after Executive executes this Release. An attempted revocation not actually received by the Chairman of the Board of Directors before the revocation deadline will not be effective; and
(g) this entire Release shall be void and of no force and effect if Executive chooses to so revoke, and, if Executive chooses not to so revoke, this Release shall then become fully effective and enforceable. This Section 2 does not waive rights or claims that may arise under the ADEA after the date Executive signs this ReleaseAgreement.
Appears in 1 contract
Release of Age Discrimination Claims. In further consideration With respect to the Associate’s release and waiver of the promises made by Company in the Agreement, Executive specifically waives any and all rights in connection with, and fully RELEASES and forever discharges the Released Parties from, any and all torts, contracts, claims, suits, actions, causes of action, demands, rights, damages, costs, expenses, attorneys’ fees, and compensation in any form whatsoever, whether now known or unknown, in law or in equity, which Executive has or ever had (from the beginning of time through and including the date hereof) against any of the Released Parties, arising claims under the Age Discrimination ADEA as described in Employment Act of 1967Section 5(a) above, as amended, 29 U.S.C. Sec. 621, et seq. (“ADEA”). Executive further the Associate agrees thatand acknowledges the following:
(ai) Executive’s waiver of rights under The Associate has reviewed this Release is knowing Agreement carefully and voluntary understands its terms and in compliance with the Older Workers Benefit Protection Act of 1990;
(b) Executive understands the terms of this Release;
(c) the consideration provided in the Agreement represents consideration over and above that to which Executive otherwise would be entitled, that the consideration would not have conditions. The Associate has been provided had Executive not signed this Releaseadvised, and that the consideration by this Agreement is in exchange for the signing of this Release;
(d) Company is hereby advising Executive in writing again advised, to consult with Executivean attorney of the Associate’s attorney choice prior to executing entering into this Release;Agreement.
(eii) Company is giving Executive The Associate shall have twenty-one (21) days from receipt of this Agreement to consider and execute the Agreement by fully executing it below and returning it to Walmart; otherwise, the terms and provisions of this Agreement become null and void. The Associate agrees that any modifications, material or otherwise, made to this Agreement do not restart or affect in any manner the original review period.
(iii) The Associate will have a period of at least forty-five (45) days within which to consider this Release;
(f) following the execution of this Release, Executive has seven (7) calendar days in after Associate signs the Agreement during which to revoke the Agreement. The Associate must provide written notice of revocation during the seven (7) day period to Xxxxxx Xxxxxxx, Senior Vice President, Global Total Rewards. Any revocation within this Release by period must expressly state, “I hereby revoke my Agreement.” The written notice. To be effective, the revocation must be made in writing and delivered to Xxxxxx Xxxxxxx, Senior Vice President, Global Total Rewards, or to her successor, and received by the Chairman be postmarked within seven (7) calendar days of the Board Associate’s execution of Directors, Allscripts Healthcare Solutions, Inc., 000 Xxxxxxxxxxx Xxxx Xxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000, no later than 5:00 p.m. Central Time on this Agreement. This Agreement will not become effective or enforceable until the seventh revocation period has expired. If the last day after Executive executes this Release. An attempted revocation not actually received by the Chairman of the Board of Directors before revocation period is a Saturday, Sunday, or legal holiday, then the revocation deadline period will not be effective; andexpire until the next following day that is not a Saturday, Sunday, or legal holiday.
(giv) this entire Release shall be void and of no force and effect if Executive chooses to so revoke, and, if Executive chooses not to so revoke, this Release shall then become fully effective and enforceable. This Section 2 does not waive The Associate knows that he is waiving his rights or claims that may arise under the ADEA and does so voluntarily. The Associate realizes the waiver does not include any ADEA rights which may arise after the date Executive Associate signs this ReleaseAgreement. By signing this Agreement, the Associate acknowledges that he is receiving consideration that the Associate would not otherwise be entitled to receive.
(v) No payments pursuant to Section 3 of this Agreement shall occur or be effective until after (1) the Associate has executed and delivered this Agreement to Walmart, (2) the above-mentioned seven-day revocation period has expired, and (3) the Associate has separated from employment with Walmart as set forth in Section 1 of this Agreement.
Appears in 1 contract
Samples: Separation Agreement (Walmart Inc.)
Release of Age Discrimination Claims. In further consideration of Employee acknowledges the promises made following:
1.4.1. This Agreement is written in a manner calculated to be understood by Company in the Agreement, Executive specifically waives any and all rights in connection withEmployee, and fully RELEASES Employee in fact understands the terms, conditions and forever discharges the Released Parties from, any and all torts, contracts, claims, suits, actions, causes effect of action, demands, rights, damages, costs, expenses, attorneys’ fees, and compensation in any form whatsoever, whether now known this Agreement.
1.4.2. This Agreement refers to rights or unknown, in law or in equity, which Executive has or ever had (from the beginning of time through and including the date hereof) against any of the Released Parties, claims arising under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. Sec. 621, et seq. (“ADEA”). Executive further agrees that:
(a) Executive’s waiver of rights under this Release is knowing and voluntary and in compliance with the Older Workers Workers’ Benefit Protection Act of 1990;Act.
(b) Executive understands the terms of this Release;
(c) the consideration provided in the Agreement represents consideration over and above that to which Executive otherwise would be entitled, that the consideration would not have been provided had Executive not signed this Release, and that the consideration is in exchange for the signing of this Release;
(d) Company is hereby advising Executive in writing to consult with Executive’s attorney prior to executing this Release;
(e) Company is giving Executive a period of at least forty-five (45) days within which to consider this Release;
(f) following the execution of this Release, Executive has seven (7) days in which to revoke this Release by written notice1.4.3. To be effective, the revocation must be made in writing and delivered to and received by the Chairman of the Board of Directors, Allscripts Healthcare Solutions, Inc., 000 Xxxxxxxxxxx Xxxx Xxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000, no later than 5:00 p.m. Central Time on the seventh day after Executive executes this Release. An attempted revocation not actually received by the Chairman of the Board of Directors before the revocation deadline will not be effective; and
(g) this entire Release shall be void and of no force and effect if Executive chooses to so revoke, and, if Executive chooses not to so revoke, this Release shall then become fully effective and enforceable. This Section 2 Employee does not waive rights or claims that may arise under the ADEA after the date Executive signs this ReleaseAgreement is executed by Employee.
1.4.4. Employee is waiving rights or claims in exchange for consideration which is in addition to anything of value to which Employee is already entitled.
1.4.5. Employee is advised to consult with an attorney prior to executing the Agreement.
1.4.6. Employee has twenty-one (21) days in which to consider this Agreement before accepting, but need not take that long if Employee does not wish to. Employee acknowledges that any decision to execute this Agreement before the twenty-one (21) days have expired was done so voluntarily, and not because of any fraud or coercion or improper conduct by Company.
1.4.7. This Agreement allows a period of seven (7) calendar days following execution of the Agreement during which Employee may revoke this Agreement (“Revocation Period”). If revoked, (i) this Agreement will be revoked in full and void ab initio, as if it had never been entered into; (ii) any opportunity to receive the consideration and benefits provided under the Separation Agreement shall terminate and be forfeited; and (iii) any Employee obligations of Employee under the Employment Agreement are unaffected and remain in full force and effect.
1.4.8. Employee fully understands all of the terms of this Agreement and knowingly and voluntarily enters into this Agreement.
1.4.9. Employee has been given this Agreement to consider on _________ ____, 2020 and any notice of acceptance or revocation must be made by Employee as specified in the Notices Section below on or before __________ ___, 2020, the date twenty-one (21) days after this Agreement was provided to Employee.
Appears in 1 contract
Samples: Transition, Separation and Release Agreement (Ion Geophysical Corp)
Release of Age Discrimination Claims. In further consideration of the promises made by Company in the AgreementTHIS RELEASE ALSO SPECIFICALLY WAIVES ALL OF EXECUTIVE'S RIGHTS AND CLAIMS ARISING UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967 (29 U.S.C. sec. 621 et seq.), AS AMENDED, AND THE OLDER WORKER'S BENEFIT PROTECTION ACT, AS AMENDED, AND SUCH CLAIMS ARE INCLUDED WITHIN THE TERM "CLAIMS" AS USED HEREIN. It is understood that Executive specifically waives is not waiving any and all rights in connection with, and fully RELEASES and forever discharges the Released Parties from, any and all torts, contracts, claims, suits, actions, causes of action, demands, rights, damages, costs, expenses, attorneys’ fees, and compensation in any form whatsoever, whether now known or unknown, in law or in equity, which Executive has or ever had (from the beginning of time through and including the date hereof) against any of the Released Parties, arising claims under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. Sec. 621, et seq. (“ADEA”). Executive further agrees that:
(a) Executive’s waiver of rights under that may arise after this Release is knowing executed. It is understood that Executive can waive rights or claims only in exchange for consideration that is in addition to anything of value to which Executive is already entitled and voluntary Executive acknowledges and in compliance with agrees that the Older Workers Benefit Protection Act of 1990;
(bpayments and other benefits to be provided to him/her pursuant to paragraphs 4(a)(ii)-(v) Executive understands the terms of this Release;
and/or 5(b) and (c) of the CIC Agreement are consideration provided in the Agreement represents consideration over and above that to which he is not otherwise entitled. Executive otherwise would be entitled, understands that he/she has been given the consideration would not have been provided had Executive not signed this Release, and that the consideration is in exchange for the signing of this Release;
(d) Company is hereby advising Executive in writing opportunity to consult with Executive’s his/her attorney and discuss the contents of this document and its meaning prior to executing this Release;
(e) Company is giving . Executive a period of at least forty-five (45) understands that he/she may consider his/her decision for 21 days within before signing this Release. Executive acknowledges that he/she was offered 21 days in which to consider this Release;
. If Executive signs this Release prior to the end of the 21-day time period, he/she certifies that, in accordance with 29 CFR sec. 1625.22 (f) following e)(6), he/she knowingly and voluntarily decided to sign this Release after considering it less than 21 days and his/her decision to do so was not induced by the execution Company through fraud, misrepresentation, or a threat to withdraw or alter the offer prior to the expiration of the 21-day time period. Executive understands that he/she may revoke this Release, Release at any time within seven days after he/she signs it and that this Release shall not become effective or enforceable until the seven-day revocation period has expired. If Executive has seven (7) days in which wishes to revoke this Release during the seven days after signing it, he/she will do so by written notice. To be effective, sending notice of same to the revocation must be made in writing and delivered to and received by the Chairman attention of the Board of DirectorsCompany's [Assistant] General Counsel by fax (713/000-0000) and certified mail, Allscripts Healthcare Solutions, return receipt requested (c/o NATCO Group Inc., 000 Xxxxxxxxxxx Xxxx XxxxxBrookhollow Central III, Xxxxx 0000000, 0000 X. Xxxx Xxxx, Xxxxxxx, Xxxxxxxx 00000XX 77092). If after the passage of the 7-day period Executive does not intend to revoke this Release, no later than 5:00 p.m. Central Time on he/she shall execute and return the seventh day after attached statement evidencing his/her intent not to revoke this Release to the Company's [Assistant] General Counsel as described above. Executive executes acknowledges and understands that the above-mentioned consideration will not be paid to him/her unless the Company receives a properly executed original of the attached notice evidencing his/her intent not to revoke this Release. An attempted revocation Executive's initials following this paragraph evidence his/her understanding and voluntary waiver of all Claims against the Company including, but not actually received by limited to, those pursuant to the Chairman of Age Discrimination in Employment Act and the Board of Directors before the revocation deadline will not be effective; and
(g) this entire Release shall be void and of no force and effect if Executive chooses to so revoke, and, if Executive chooses not to so revoke, this Release shall then become fully effective and enforceableOlder Worker's Benefit Protection Act. This Section 2 does not waive rights or claims that may arise under the ADEA after the date Executive signs this Release.Initials: __________
Appears in 1 contract
Samples: Senior Management Change in Control and Severance Agreement (Natco Group Inc)
Release of Age Discrimination Claims. In further consideration of Participant acknowledges the promises made following:
3.5.1. This Agreement is written in a manner calculated to be understood by Company in the Agreement, Executive specifically waives any and all rights in connection withParticipant, and fully RELEASES Participant in fact understands the terms, conditions and forever discharges the Released Parties from, any and all torts, contracts, claims, suits, actions, causes effect of action, demands, rights, damages, costs, expenses, attorneys’ fees, and compensation in any form whatsoever, whether now known this Agreement.
3.5.2. This Agreement refers to rights or unknown, in law or in equity, which Executive has or ever had (from the beginning of time through and including the date hereof) against any of the Released Parties, claims arising under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. Sec. 621, et seq. (“ADEA”). Executive further agrees that:
(a) Executive’s waiver of rights under this Release is knowing and voluntary and in compliance with the Older Workers Workers’ Benefit Protection Act of 1990;Act.
(b) Executive understands the terms of this Release;
(c) the consideration provided in the Agreement represents consideration over and above that to which Executive otherwise would be entitled, that the consideration would not have been provided had Executive not signed this Release, and that the consideration is in exchange for the signing of this Release;
(d) Company is hereby advising Executive in writing to consult with Executive’s attorney prior to executing this Release;
(e) Company is giving Executive a period of at least forty-five (45) days within which to consider this Release;
(f) following the execution of this Release, Executive has seven (7) days in which to revoke this Release by written notice3.5.3. To be effective, the revocation must be made in writing and delivered to and received by the Chairman of the Board of Directors, Allscripts Healthcare Solutions, Inc., 000 Xxxxxxxxxxx Xxxx Xxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000, no later than 5:00 p.m. Central Time on the seventh day after Executive executes this Release. An attempted revocation not actually received by the Chairman of the Board of Directors before the revocation deadline will not be effective; and
(g) this entire Release shall be void and of no force and effect if Executive chooses to so revoke, and, if Executive chooses not to so revoke, this Release shall then become fully effective and enforceable. This Section 2 Participant does not waive rights or claims that may arise under the ADEA after the date Executive this Agreement is executed by Participant.
3.5.4. Participant is waiving rights or claims in exchange for consideration which is in addition to anything of value to which Participant is already entitled.
3.5.5. Participant is advised to consult with an attorney prior to executing the Agreement.
3.5.6. Participant has forty-five (45) days in which to consider this Agreement before accepting it, but need not take that long if Participant does not wish to. Participant acknowledges that any decision to sign this Agreement before the forty-five (45) days have expired was done so voluntarily, and not because of any fraud or coercion or improper conduct by the Company Group. However, Participant agrees not to sign this Agreement before his Retirement Date.
3.5.7. Participant is given a period of seven (7) calendar days following the date Participant signs the Agreement to elect to revoke this ReleaseAgreement (“Revocation Period”). If revoked, (a) this Agreement will be revoked in full and void ab initio, as if it had never been entered into; (b) Participant will forfeit any right to receive payment of the Prorated Award Payment and Super-OA Award Payment, if not yet paid; (c) the extended exercise period for any Options that were vested as of the Retirement Date will be terminated and any such vested Options shall remain exercisable for the post-employment termination period provided in the applicable award agreement; (d) Participant will forfeit any unexercised Options that vested after the Retirement Date, and such unexercised Options will become immediately unexercisable; and (e) Participant will forfeit the right to receive payment of the Prorated CA Payment.
3.5.8. Participant fully understands all of the terms of this Agreement and knowingly and voluntarily enters into this Agreement.
3.5.9. Participant agrees that he has been provided sufficient time to review this Agreement with his legal counsel and any notice of acceptance or revocation should be made by Participant as specified in Section 6.2 (“Notices” Section) below.
Appears in 1 contract
Samples: Retirement and Restrictive Covenant Agreement (Newpark Resources Inc)
Release of Age Discrimination Claims. In further consideration With respect to the Associate’s release and waiver of claims under the promises made by Company ADEA as described in Section 4(a) above, the Agreement, Executive specifically waives any Associate agrees and all rights in connection withacknowledges the following:
i. The Associate has reviewed this Agreement carefully and understands its terms and conditions. The Associate has been advised, and fully RELEASES and forever discharges the Released Parties fromby this Agreement is again advised, any and all torts, contracts, claims, suits, actions, causes of action, demands, rights, damages, costs, expenses, attorneys’ fees, and compensation in any form whatsoever, whether now known or unknown, in law or in equity, which Executive has or ever had (from the beginning of time through and including the date hereof) against any of the Released Parties, arising under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. Sec. 621, et seq. (“ADEA”). Executive further agrees that:
(a) Executive’s waiver of rights under this Release is knowing and voluntary and in compliance with the Older Workers Benefit Protection Act of 1990;
(b) Executive understands the terms of this Release;
(c) the consideration provided in the Agreement represents consideration over and above that to which Executive otherwise would be entitled, that the consideration would not have been provided had Executive not signed this Release, and that the consideration is in exchange for the signing of this Release;
(d) Company is hereby advising Executive in writing to consult with Executivean attorney of the Associate’s attorney choice prior to entering into this Agreement.
ii. The Associate shall have twenty-one (21) days from receipt of this Agreement to consider and execute the Agreement by fully executing it below and returning it to Walmart; otherwise, the terms and provisions of this Release;Agreement become null and void. The Associate agrees that any modifications, material or otherwise, made to this Agreement do not restart or affect in any manner the original review period.
(e) Company is giving Executive iii. The Associate will have a period of at least forty-five (45) days within which to consider this Release;
(f) following the execution of this Release, Executive has seven (7) calendar days in after Associate signs the Agreement during which to revoke the Agreement. The Associate must deliver written notice of revocation during the seven (7) day period to Xxxxxx Xxxxxxx, Senior Vice President, Global Total Rewards, or to her successor. Any revocation within this Release by written noticeperiod must expressly state, “I hereby revoke my Agreement,” and must be postmarked within seven (7) calendar days of the Associate’s execution of this Agreement. To be effective, This Agreement will not become effective or enforceable until the revocation must be made in writing and delivered to and received by period has expired. If the Chairman last day of the Board of Directorsrevocation period is a Saturday, Allscripts Healthcare SolutionsSunday, Inc.or legal holiday, 000 Xxxxxxxxxxx Xxxx Xxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000, no later than 5:00 p.m. Central Time on the seventh day after Executive executes this Release. An attempted revocation not actually received by the Chairman of the Board of Directors before then the revocation deadline period will not be effective; andexpire until the next following day that is not a Saturday, Sunday, or legal holiday.
(g) this entire Release shall be void and of no force and effect if Executive chooses to so revoke, and, if Executive chooses not to so revoke, this Release shall then become fully effective and enforceableiv. This Section 2 does not waive The Associate knows that he is waiving his rights or claims that may arise under the ADEA and does so voluntarily. The Associate realizes the waiver does not include any ADEA rights which may arise after the date Executive Associate signs this ReleaseAgreement. By signing this Agreement, the Associate acknowledges that he is receiving consideration that the Associate would not otherwise be entitled to receive.
v. No payments pursuant to Section 2 of this Agreement shall occur or be effective until after the Associate has executed and delivered this Agreement to Walmart, the above-mentioned seven-day revocation period has expired, and the Associate has separated from employment as set forth in Section 1 of this Agreement.
Appears in 1 contract
Samples: Separation Agreement (Walmart Inc.)
Release of Age Discrimination Claims. In further consideration of the promises made by Company in the Agreement, Executive specifically waives WAIVES any and all rights in connection with, and fully RELEASES and forever discharges the Released Parties from, any and all torts, contracts, claims, suits, actions, causes of action, demands, rights, damages, costs, expenses, attorneys’ fees, and compensation in any form whatsoever, whether now known or unknown, in law or in equity, which Executive has or ever had (from the beginning of time through and including the date hereof) against any of the Released Parties, arising under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. Sec. 621, et seq. (“ADEA”). Executive further agrees that:
(a) Executive’s waiver of rights under this Release is knowing and voluntary and in compliance with the Older Workers Benefit Protection Act of 1990;
(b) Executive understands the terms of this Release;
(c) the consideration provided in the Agreement represents consideration over and above that to which Executive otherwise would be entitled, that the consideration would not have been provided had Executive not signed this Release, and that the consideration is in exchange for the signing of this Release;
(d) Company is hereby advising Executive in writing to consult with Executive’s attorney prior to executing this Release;
(e) Company is giving Executive a period of at least forty-five (45) days within which to consider this Release;
(f) following the execution of this Release, Release Executive has seven (7) days in which to revoke this Release by written notice. To be effective, the revocation must be made in writing and delivered to and received by the Chairman of the Board of DirectorsSenior Vice President, Human Resources, Allscripts Healthcare Solutions, Inc., 000 Xxxxxxxxxxx Xxxx Xxxxx, 0000 Xxx Xxxxx 0000Xxxx, Xxxxxxx, Xxxxxxxx XX 00000, no later than 5:00 4:00 p.m. Central Time on the seventh day after Executive executes this Release. An attempted revocation not actually received by the Chairman of the Board of Directors Chief Executive Officer before the revocation deadline will not be effective; and
(g) this entire Release shall be void and of no force and effect if Executive chooses to so revoke, and, if Executive chooses not to so revoke, this Release shall then become fully effective and enforceable. This Section 2 does not waive rights or claims that may arise under the ADEA after the date Executive signs this Release. In addition, nothing in this Release shall in any way affect Executive’s right to indemnification and expense advancement to the extent provided by Company’s operating agreement or other applicable policies; provided, however, that Company shall not be liable, and shall not provide a defense and indemnification for any claim wherein Executive has not satisfied the applicable standard of conduct set forth in such operating agreement or other applicable policies, or wherein Executive has committed any acts of fraud, embezzlement or gross misconduct.
Appears in 1 contract
Samples: Separation Agreement (Allscripts Healthcare Solutions, Inc.)
Release of Age Discrimination Claims. In further consideration of the promises made by Company in the Agreement, Executive specifically waives any and all rights in connection with, and fully RELEASES and forever discharges the Released Parties from, any and all torts, contracts, claims, suits, actions, causes of action, demands, rights, damages, costs, expenses, attorneys’ fees, and compensation in any form whatsoever, whether now known or unknown, in law or in equity, which Executive has or ever had (from the beginning of time through and including the date hereof) against any of the Released Parties, arising under compliance with the Age Discrimination in Employment Act of 1967, (ADEA) as amended, 29 U.S.C. Sec. 621, et seq. (“ADEA”). Executive further agrees that:
(a) Executive’s waiver of rights under this Release is knowing and voluntary and in compliance with amended by the Older Workers Worker's Benefit Protection Act of 19901990 (OWBPA), Xxxx acknowledges by his signature below that consistent with the releases described in this Agreement he is knowingly and voluntarily waiving his rights under those Acts and releasing the entities listed in Part III.A., from liability for any violations of those Acts. More specifically, Xxxx acknowledges with respect to the rights and claims waived and released in this Agreement under the ADEA and OWBPA that:
1. He has read and understands this Agreement;
(b) Executive understands 2. He was given at least 21 days from the date this Agreement was initially presented to him to accept the terms of this Releasethe Agreement and that any decision to sign the Agreement before the end of that period was knowing and voluntarily made and was not induced by ECU through fraud, misrepresentation, or threat to withdraw or alter the Agreement prior to the expiration of the 21 day period;
(c) the consideration provided 3. He was advised in the Agreement represents consideration over and above that to which Executive otherwise would be entitledwriting, that the consideration would not have been provided had Executive not signed via this ReleaseAgreement, and that the consideration is in exchange for the signing of this Release;
(d) Company is hereby advising Executive in writing to consult with Executive’s an attorney prior to executing this ReleaseAgreement and has, in fact, consulted with an attorney before signing this Agreement;
(e) Company 4. He is giving Executive a period releasing all the entities and persons noted in paragraph III.A. of at least forty-five (45) days within which to consider this ReleaseAgreement from, among other things, any claims of age discrimination under the ADEA or OWBPA;
(f) following 5. He understands that the execution release of age discrimination claims contained in this Release, Executive has seven (7) days in which to revoke this Release by written notice. To be effective, the revocation must be made in writing and delivered to and received by the Chairman of the Board of Directors, Allscripts Healthcare Solutions, Inc., 000 Xxxxxxxxxxx Xxxx Xxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000, no later than 5:00 p.m. Central Time on the seventh day after Executive executes this Release. An attempted revocation not actually received by the Chairman of the Board of Directors before the revocation deadline will not be effective; and
(g) this entire Release shall be void and of no force and effect if Executive chooses to so revoke, and, if Executive chooses not to so revoke, this Release shall then become fully effective and enforceable. This Section 2 Agreement does not waive cover any rights or claims that may arise under the ADEA after the date Executive signs of this ReleaseAgreement;
6. He understands that this Agreement shall not become effective or enforceable until seven (7) calendar days after he has signed the Agreement and that he may revoke this Agreement within seven (7) calendar days after signing it by delivering to the Office of the Chancellor of ECU a notice of his decision to revoke and by returning to ECU any sums paid him under the terms of this Agreement; and
7. In exchange for his waiving his rights under this Agreement, he has or will receive from ECU good and valuable consideration, including money, beyond that to which he might otherwise have been entitled in the absence of his agreement to waive his rights.
Appears in 1 contract
Samples: Compromise and Settlement Agreement
Release of Age Discrimination Claims. In further consideration Because Xx. Xxxxxx is at least forty (40) years of the promises made by Company in the Agreementage, Executive specifically waives any and all he has specific rights in connection with, and fully RELEASES and forever discharges the Released Parties from, any and all torts, contracts, claims, suits, actions, causes of action, demands, rights, damages, costs, expenses, attorneys’ fees, and compensation in any form whatsoever, whether now known or unknown, in law or in equity, which Executive has or ever had (from the beginning of time through and including the date hereof) against any of the Released Parties, arising under the federal Age Discrimination in Employment Act of 1967, as amended, (29 U.S.C. Sec. 621, § 621 et seq. .) (“ADEA”). Executive further agrees that:
(a) Executive’s waiver of rights under this Release is knowing and voluntary and in compliance with the Older Workers Benefit Benefits Protection Act (the “OWBPA”), which prohibit discrimination on the basis of 1990;
(b) Executive understands age. Xx. Xxxxxx hereby releases all claims he may have against the terms Company or any of its representatives arising at any time on or before the Separation Date alleging discrimination on the basis of age under the ADEA, the OWBPA and other Laws, including, without limitation, Massachusetts General Laws Chapter 151B. Notwithstanding anything to the contrary in this Agreement, the release in this Section 11 does not cover rights or Claims under the ADEA that arise from acts or omissions that occur after the Separation Date. In consideration of this Release;
release of age discrimination claims, the Company will pay Xx. Xxxxxx the Legal Fee Pay specified in Section 2(iii) above. Consistent with the provisions of the OWBPA, Xx. Xxxxxx has twenty-one (c21) days to consider and accept the consideration provided in the Agreement represents consideration over and above that to which Executive otherwise would be entitled, that the consideration would not have been provided had Executive not signed this Release, and that the consideration is in exchange for the signing provisions of Section 11 of this Release;
(d) Company is hereby advising Executive in writing Agreement by signing below and returning it to consult with Executivethe Company’s attorney prior General Counsel. In addition, Xx. Xxxxxx may rescind his assent to executing this Release;
(e) Company is giving Executive a period of at least forty-five (45) days within which to consider this Release;
(f) following the execution Section 11 of this ReleaseAgreement if, Executive has within seven (7) days in which after the date he signs this Agreement, he delivers a written notice of rescission to revoke this Release by written noticethe Company. To be effective, the revocation such notice of rescission must be made hand delivered or postmarked within the seven (7) day period and sent by certified mail, return receipt requested, to the Company’s General Counsel. Also, consistent with the provisions of the OWBPA and other federal discrimination laws (the “Federal Discrimination Laws”), nothing in writing the general waiver and delivered release set forth in Sections 10 and 11 above shall be deemed to and received prohibit Xx. Xxxxxx from challenging the validity of this release under the Federal Discrimination Laws or from filing a charge or complaint of age or other employment related discrimination with the Equal Employment Opportunity Commission (“EEOC”), or from participating in any investigation or proceeding conducted by the Chairman EEOC. However, the release in Sections 10 and 11 does prohibit Xx. Xxxxxx from seeking or receiving monetary damages or other individual-specific relief in connection with any such charge or complaint of age or other employment-related discrimination. Further, nothing in this Agreement shall be deemed to limit the Company’s right to seek immediate dismissal of such charge or complaint on the basis that Xx. Xxxxxx’x signing of this Agreement constitutes a full release of any individual rights under the Federal Discrimination Laws, or the Company’s right to seek restitution or other legal remedies to the extent permitted by law of the Board economic benefits provided to Xx. Xxxxxx under this Agreement in the event that Xx. Xxxxxx successfully challenges the validity of Directors, Allscripts Healthcare Solutions, Inc., 000 Xxxxxxxxxxx Xxxx Xxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000, no later than 5:00 p.m. Central Time on the seventh day after Executive executes this Release. An attempted revocation not actually received by the Chairman of the Board of Directors before the revocation deadline will not be effective; and
(g) this entire Release shall be void release and of no force and effect if Executive chooses to so revoke, and, if Executive chooses not to so revoke, this Release shall then become fully effective and enforceable. This Section 2 does not waive rights or claims that may arise prevails in any claim under the ADEA after the date Executive signs this ReleaseFederal Discrimination Laws.
Appears in 1 contract
Samples: Separation Agreement (Cynosure Inc)
Release of Age Discrimination Claims. In further consideration of Executive acknowledges that Executive was given 21 calendar days to review this Agreement and the promises made attached Exhibits A, B and C which are incorporated herein by Company in the Agreementreference, Executive specifically waives any and all rights in connection with, and fully RELEASES and forever discharges the Released Parties from, any and all torts, contracts, claims, suits, actions, causes of action, demands, rights, damages, costs, expenses, attorneys’ fees, and compensation in any form whatsoever, whether now known or unknown, in law or in equity, which Executive has or ever had (from the beginning of time through and including the date hereof) against any of the Released Parties, arising under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. Sec. 621, et seq. (“ADEA”)Executive received it. Executive further agrees that:
(a) Executive’s waiver of rights under this Release is knowing and voluntary and in compliance with that to the Older Workers Benefit Protection Act of 1990;
(b) Executive understands extent there have been changes to the terms of this Release;
(c) Agreement, whether they are material or immaterial, the consideration provided 21-day period for review of this Agreement is not recommenced. EXECUTIVE ACKNOWLEDGES EXECUTIVE WAS ADVISED IN WRITING BY THIS AGREEMENT TO REVIEW THIS AGREEMENT WITH AN ATTORNEY BEFORE SIGNING THIS AGREEMENT. Executive is further advised that Executive has 7 calendar days after Executive signs this Agreement to revoke it by notifying the Company of such revocation in writing. In the event Executive revokes this Agreement as specified in the immediately preceding sentence, the Company shall deem this Agreement represents consideration over to be void in its entirety, in which case neither party shall be bound by its terms and above no payment shall be made to the Executive hereunder. If Executive properly revokes this Agreement, Executive shall nevertheless remain subject to any other Agreement that Executive signed while employed with the Company, Western Union, and/or their subsidiaries or Affiliates as referenced in the paragraph titled "Other Agreements, Survivability and Successorship." Nothing in this Agreement precludes Executive from filing a lawsuit to which challenge the validity of this Agreement under the ADEA. Executive's signature below indicates that Executive otherwise would be entitledhas carefully read, that the consideration would not have been provided had Executive not signed this Releasereviewed, and fully understands this Agreement and the attached Exhibits A, B and C. Executive acknowledges that the consideration is in exchange for the signing Executive's signature below constitutes a knowing and voluntary execution of this Agreement and Executive signs the same of Executive's own free will and it is Executive's intention to be bound thereby. Dated this 25 day of February, 2022. /s/ Xxxxxxxx Swanback______________ Xxxxxxxx Xxxxxxxx Western Union, LLC By: s/s Xxxxxxx X. Williams_________ Title: Chief People Officer__________ I, Xxxxxxxx Xxxxxxxx, understand that I have at least 21 days to consider and execute this Agreement and Release;
(d) Company is hereby advising Executive in writing . After having the opportunity to consult with Executive’s attorney counsel, however, I have freely and voluntarily elected to execute this Agreement and Release prior to executing this Release;
(e) Company is giving Executive a period of at least forty-five (45) days within which to consider this Release;
(f) following the execution of this Release, Executive has seven (7) days in which to revoke this Release by written notice. To be effective, the revocation must be made in writing and delivered to and received by the Chairman expiration of the Board of Directors, Allscripts Healthcare Solutions, Inc., 000 Xxxxxxxxxxx Xxxx Xxxxx, Xxxxx 0000, Xxxxxxx, 21 day period. 2/25/22___________ /s/ Xxxxxxxx 00000, no later than 5:00 p.m. Central Time on the seventh day after Executive executes this Release. An attempted revocation not actually received by the Chairman of the Board of Directors before the revocation deadline will not be effective; and
(g) this entire Release shall be void and of no force and effect if Executive chooses to so revoke, and, if Executive chooses not to so revoke, this Release shall then become fully effective and enforceable. This Section 2 does not waive rights or claims that may arise under the ADEA after the date Executive signs this Release.Swanback______________________ Date Xxxxxxxx Xxxxxxxx
Appears in 1 contract
Release of Age Discrimination Claims. In further consideration of the promises made by Company in the Agreement, Executive specifically waives WAIVES any and all rights in connection with, and fully RELEASES and forever discharges the Released Parties from, any and all torts, contracts, claims, suits, actions, causes of action, demands, rights, damages, costs, expenses, attorneys’ fees, and compensation in any form whatsoever, whether now known or unknown, in law or in equity, which Executive has or ever had (from the beginning of time through and including the date hereof) against any of the Released Parties, arising under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. Sec. 621, et seq. (“ADEA”). Executive further agrees that:
(a) Executive’s waiver of rights under this Release is knowing and voluntary and in compliance with the Older Workers Benefit Protection Act of 1990;
(b) Executive understands the terms of this Release;
(c) the consideration provided in the Agreement represents consideration over and above that to which Executive otherwise would be entitled, that the consideration would not have been provided had Executive not signed this Release, and that the consideration is in exchange for the signing of this Release;
(d) Company is hereby advising Executive in writing to consult with Executive’s attorney prior to executing this Release;
(e) Company is giving Executive a period of at least fortytwenty-five one (4521) days within which to consider this Release;
(f) following the execution of this Release, Release Executive has seven (7) days in which to revoke this Release by written notice. To be effective, the revocation must be made in writing and delivered to and received by the Chairman of the Board of DirectorsPresident, Allscripts Healthcare Solutions, Inc., 000 Xxxxxxxxxxx Xxxx Xxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000, no later than 5:00 p.m. Central Time on the seventh day after Executive executes this Release. An attempted revocation not actually received by the Chairman of the Board of Directors President before the revocation deadline will not be effective; and
(g) this entire Release shall be void and of no force and effect if Executive chooses to so revoke, and, if Executive chooses not to so revoke, this Release shall then become fully effective and enforceable. This Section 2 does not waive rights or claims that may arise under the ADEA after the date Executive signs this Release.
Appears in 1 contract
Samples: Separation Agreement (Allscripts Healthcare Solutions, Inc.)
Release of Age Discrimination Claims. In further consideration With respect to the Associate’s release and waiver of the promises made by Company in the Agreement, Executive specifically waives any and all rights in connection with, and fully RELEASES and forever discharges the Released Parties from, any and all torts, contracts, claims, suits, actions, causes of action, demands, rights, damages, costs, expenses, attorneys’ fees, and compensation in any form whatsoever, whether now known or unknown, in law or in equity, which Executive has or ever had (from the beginning of time through and including the date hereof) against any of the Released Parties, arising claims under the Age Discrimination ADEA as described in Employment Act of 1967Section 5(a) above, as amended, 29 U.S.C. Sec. 621, et seq. (“ADEA”). Executive further the Associate agrees thatand acknowledges the following:
(ai) Executive’s waiver of rights under The Associate has reviewed this Release is knowing Agreement carefully and voluntary understands its terms and in compliance with the Older Workers Benefit Protection Act of 1990;
(b) Executive understands the terms of this Release;
(c) the consideration provided in the Agreement represents consideration over and above that to which Executive otherwise would be entitled, that the consideration would not have conditions. The Associate has been provided had Executive not signed this Releaseadvised, and that the consideration by this Agreement is in exchange for the signing of this Release;
(d) Company is hereby advising Executive in writing again advised, to consult with Executivean attorney of the Associate’s attorney choice prior to executing entering into this Release;Agreement.
(eii) Company is giving Executive The Associate shall have twenty-one (21) days from receipt of this Agreement to consider and execute the Agreement by fully executing it below and returning it to Walmart; otherwise, the terms and provisions of this Agreement become null and void. The Associate agrees that any modifications, material or otherwise, made to this Agreement do not restart or affect in any manner the original review period.
(iii) The Associate will have a period of at least forty-five (45) days within which to consider this Release;
(f) following the execution of this Release, Executive has seven (7) calendar days in after Associate signs the Agreement during which to revoke the Agreement. The Associate must provide written notice of revocation during the seven (7) day period to Xxx Xxxx, Senior Vice President, Global Total Rewards. Any revocation within this Release by period must expressly state, “I hereby revoke my Agreement.” The written notice. To be effective, the revocation must be made in writing and delivered to Xxx Xxxx, Senior Vice President, Global Total Rewards, or to her successor, and received by the Chairman be postmarked within seven (7) calendar days of the Board Associate’s execution of Directors, Allscripts Healthcare Solutions, Inc., 000 Xxxxxxxxxxx Xxxx Xxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000, no later than 5:00 p.m. Central Time on this Agreement. This Agreement will not become effective or enforceable until the seventh revocation period has expired. If the last day after Executive executes this Release. An attempted revocation not actually received by the Chairman of the Board of Directors before revocation period is a Saturday, Sunday, or legal holiday, then the revocation deadline period will not be effective; andexpire until the next following day that is not a Saturday, Sunday, or legal holiday.
(giv) this entire Release shall be void and of no force and effect if Executive chooses to so revoke, and, if Executive chooses not to so revoke, this Release shall then become fully effective and enforceable. This Section 2 does not waive The Associate knows that she is waiving her rights or claims that may arise under the ADEA and does so voluntarily. The Associate realizes the waiver does not include any ADEA rights which may arise after the date Executive Associate signs this ReleaseAgreement. By signing this Agreement, the Associate acknowledges that she is receiving consideration that the Associate would not otherwise be entitled to receive.
(v) No transition payments or acceleration of equity pursuant to Section 3 of this Agreement shall occur or be effective until after (1) the Associate has executed and delivered this Agreement to Walmart, (2) the above-mentioned seven-day revocation period has expired, and (3) the Associate has separated from employment with Walmart as set forth in Section 1 of this Agreement.
Appears in 1 contract
Samples: Retirement Agreement (Walmart Inc.)
Release of Age Discrimination Claims. In further consideration of the promises made by Company in the Agreement, Executive specifically waives any and all rights in connection with, and fully RELEASES and forever discharges the Released Parties from, any and all torts, contracts, claims, suits, actions, causes of action, demands, rights, damages, costs, expenses, attorneys’ fees, and compensation in any form whatsoever, whether now known or unknown, in law or in equity, which acknowledges that Executive has or ever had (from the beginning of time through and including the date hereof) against any of the Released Parties, arising under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. Sec. 621, et seq. (“ADEA”). Executive further agrees that:
(a) Executive’s waiver of rights under this Release is knowing and voluntary and in compliance with the Older Workers Benefit Protection Act of 1990;
(b) Executive understands the terms of this Release;
(c) the consideration provided in the Agreement represents consideration over and above that to which Executive otherwise would be entitled, that the consideration would not have been provided had Executive not signed this Release, and that the consideration is in exchange for the signing of this Release;
(d) Company is hereby advising Executive in writing to consult with Executive’s attorney prior to executing this Release;
(e) Company is giving Executive was given a period of at least forty21 calendar days to review this Agreement and the attached Exhibits A, B, C and D, which are incorporated herein by reference, from the date Executive received the Agreement and Exhibits A, B, C and D (“Review Period”). Executive agrees that to the extent there are changes made to the terms of this Agreement, whether they are material or immaterial, the 21-five (45) day period for review of this Agreement is not recommenced. If Executive signs this Agreement before the 21-day period expires, Executive does so voluntarily, waives the remainder of the 21-day period and acknowledges that the Company has not made any threats or promises to induce Executive to do so. To accept this Agreement, Executive must sign both originals and return them to Xxxxxxx Xxxxxxxx on or before the last day of the Review Period. Executive acknowledges that the Company and Released Parties have made no promises to Executive other than those contained in this Agreement. EXECUTIVE ACKNOWLEDGES THAT EXECUTIVE WAS ADVISED IN WRITING BY THIS AGREEMENT TO REVIEW THIS AGREEMENT WITH AN ATTORNEY BEFORE SIGNING THIS AGREEMENT. Executive is further advised that Executive has 7 calendar days within after Executive signs this Agreement to revoke it by notifying the Company of such revocation in writing. In the event Executive revokes this Agreement as specified in the immediately preceding sentence, the Company will deem this Agreement to be void in its entirety, in which case neither party will be bound by its terms and no payment will be made to consider Executive hereunder. If Executive properly revokes this Release;
(f) following Agreement, Executive will nevertheless remain subject to any other agreements that Executive signed while employed with the Company, Western Union, and/or their subsidiaries or Affiliates as referenced in the paragraph titled “Other Agreements, Survivability and Successorship”. Nothing in this Agreement precludes Executive from filing a lawsuit to challenge the validity of this Agreement under the ADEA. Executive’s signature below indicates that Executive has carefully read, reviewed, and fully understands this Agreement and the attached Exhibit B, Exhibit C, and Exhibit D. Executive acknowledges that Executive’s signature below constitutes a knowing and voluntary execution of this Agreement and Executive signs the same of Executive’s own free will and it is Executive’s intention to be bound thereby. Dated this 2nd day of July, 2019. /s/ Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx Western Union, LLC /s/ Xxxxxxx Xxxxxxxx By: Xxxxxxx Xxxxxxxx Title: CHRO I, Xxxxxx Xxxxxxx, understand that I have at least 21 days to consider and execute this Separation Agreement and Release. After having the opportunity to consult with counsel, Executive has seven however, I have freely and voluntarily elected to execute this Separation Agreement and Release prior to the expiration of the 21-day period. July 2nd, 2019 /s/ Xxxxxx Xxxxxxx Date Xxxxxx Xxxxxxx This Supplemental Release is made and entered into by and between Xxxxxx Xxxxxxx (7“Executive”) days and Western Union, LLC (“Company”), an Affiliate of The Western Union Company (“Western Union”). Capitalized terms not defined in which to revoke this Supplemental Release shall have the same definitions as set forth in the Separation Agreement and Release by written notice. To be effectiveand between Executive and the Company, dated July 2, 2019 (the revocation must be made in writing and delivered to and received by the Chairman of the Board of Directors, Allscripts Healthcare Solutions, Inc., 000 Xxxxxxxxxxx Xxxx Xxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000, no later than 5:00 p.m. Central Time on the seventh day after Executive executes this Release. An attempted revocation not actually received by the Chairman of the Board of Directors before the revocation deadline will not be effective; and
(g) this entire Release shall be void and of no force and effect if Executive chooses to so revoke, and, if Executive chooses not to so revoke, this Release shall then become fully effective and enforceable. This Section 2 does not waive rights or claims that may arise under the ADEA after the date Executive signs this Release“Agreement”).
Appears in 1 contract
Release of Age Discrimination Claims. In further consideration With respect to the Associate’s release and waiver of the promises made by Company in the Agreement, Executive specifically waives any and all rights in connection with, and fully RELEASES and forever discharges the Released Parties from, any and all torts, contracts, claims, suits, actions, causes of action, demands, rights, damages, costs, expenses, attorneys’ fees, and compensation in any form whatsoever, whether now known or unknown, in law or in equity, which Executive has or ever had (from the beginning of time through and including the date hereof) against any of the Released Parties, arising claims under the Age Discrimination ADEA as described in Employment Act of 1967Section 5(a) above, as amended, 29 U.S.C. Sec. 621, et seq. (“ADEA”). Executive further the Associate agrees thatand acknowledges the following:
(ai) Executive’s waiver of rights under The Associate has reviewed this Release is knowing Agreement carefully and voluntary understands its terms and in compliance with the Older Workers Benefit Protection Act of 1990;
(b) Executive understands the terms of this Release;
(c) the consideration provided in the Agreement represents consideration over and above that to which Executive otherwise would be entitled, that the consideration would not have conditions. The Associate has been provided had Executive not signed this Releaseadvised, and that the consideration by this Agreement is in exchange for the signing of this Release;
(d) Company is hereby advising Executive in writing again advised, to consult with Executivean attorney of the Associate’s attorney choice prior to executing entering into this Release;Agreement.
(eii) Company is giving Executive The Associate shall have twenty-one (21) days from receipt of this Agreement to consider and execute the Agreement. Following the execution by the Associate of this Agreement, the Associate shall have a period of at least forty-five (45) days within which to consider this Release;
(f) following the execution of this Release, Executive has seven (7) days in during which to revoke this Release by written notice. To be effective, the revocation must be made in writing waiver and delivered to and received by the Chairman release of the Board of Directors, Allscripts Healthcare Solutions, Inc., 000 Xxxxxxxxxxx Xxxx Xxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000, no later than 5:00 p.m. Central Time on the seventh day after Executive executes this Release. An attempted revocation not actually received by the Chairman of the Board of Directors before the revocation deadline will not be effective; and
(g) this entire Release shall be void and of no force and effect if Executive chooses to so revoke, and, if Executive chooses not to so revoke, this Release shall then become fully effective and enforceable. This Section 2 does not waive rights or any claims that may arise under the ADEA, which shall not have the effect of revoking the waiver and release of any other claims. In the event of a revocation of the Associate’s waiver and release of ADEA claims, the Associate shall furnish written notice thereof during the seven (7) day period immediately following execution of the Agreement to Xxxxx Child, Senior Vice President of Global Compensation.
(iii) The Associate’s waiver of the Associate’s ADEA rights is knowing and voluntary, that the waiver does not include any ADEA rights which may arise after the date Executive signs execution of this ReleaseAgreement, and that the Associate is receiving consideration hereunder to which the Associate would otherwise not be entitled in the absence of the Associate’s release of claims under the ADEA.
(iv) No payments will be made to the Associate under this Agreement until after: the Associate has executed and delivered this Agreement to Wal-Mart, the above-mentioned seven-day revocation period has expired, and the Associate has separated from employment as set forth in paragraph 1 of this Agreement.
Appears in 1 contract
Release of Age Discrimination Claims. In further consideration (a) Exclusively as this Agreement pertains to Employee’s release of the promises made by Company in the Agreement, Executive specifically waives any and all rights in connection with, and fully RELEASES and forever discharges the Released Parties from, any and all torts, contracts, claims, suits, actions, causes of action, demands, rights, damages, costs, expenses, attorneys’ fees, and compensation in any form whatsoever, whether now known or unknown, in law or in equity, which Executive has or ever had (from the beginning of time through and including the date hereof) against any of the Released Parties, arising claims under the Age Discrimination in Employment Act of 1967Act, as amendedEmployee, 29 U.S.C. Sec. 621, et seq. (“ADEA”). Executive further agrees that:
(a) Executive’s waiver of rights under this Release is knowing and voluntary pursuant to and in compliance with rights afforded them under the Older Workers Benefit Protection Act of 1990;Act:
(bi) Executive understands the terms of this Release;
(c) the consideration provided in the Agreement represents consideration over and above Is advised that to which Executive otherwise would be entitled, that the consideration would not have been provided had Executive not signed this Release, and that the consideration is in exchange for the signing of this Release;
(d) Company is hereby advising Executive in writing to consult with Executive’s attorney prior to executing this Release;
(e) Company is giving Executive a period of at least forty-five (45) days within which to consider this Release;
(f) following the execution of this Release, Executive has seven (7) days in which to revoke this Release by written notice. To be effective, the revocation must be made in writing and delivered to and received by the Chairman of the Board of Directors, Allscripts Healthcare Solutions, Inc., 000 Xxxxxxxxxxx Xxxx Xxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000, no later than 5:00 p.m. Central Time on the seventh day after Executive executes this Release. An attempted revocation not actually received by the Chairman of the Board of Directors before the revocation deadline will not be effective; and
(g) this entire Release shall be void and of no force and effect if Executive chooses to so revoke, and, if Executive chooses not to so revoke, this Release shall then become fully effective and enforceable. This Section 2 Employee does not waive rights or claims that may arise under the ADEA after the date Executive signs on which this ReleaseAgreement is signed by Employee and the Company;
(ii) Is advised to consult with an attorney prior to executing this Agreement;
(iii) Is given twenty-one (21) days from the receipt of this Agreement in which to consider it; provided that any signed Agreement shall be delivered to Home Savings no later than sixty (60) days following February 28, 2009; and
(iv) Is given a period of seven (7) days following the signing of this Agreement in which to revoke it. A revocation of this Agreement shall be effective only on the delivery of a written revocation to The Home Savings and Loan Company of Youngstown, Ohio, 000 Xxxx Xxxxxxx Xxxxxx, Xxxxxxxxxx, Xxxx 00000, Attention: Vice President—Human Resources. This Agreement shall not become effective or enforceable until this seven-day revocation period has expired.
(b) Employee’s knowing and voluntary execution of this Agreement is an express acknowledgment and agreement that:
(i) This Agreement is written in a manner that enables Employee to fully understand its content and meaning;
(ii) This Agreement specifically refers to the waiver and release of all claims under the Age Discrimination in Employment Act;
(iii) This Agreement does not waive or release any rights or claims that may arise after the date on which it is executed;
(iv) Employee has received consideration under this Agreement in addition to anything of value to which Employee was otherwise already entitled;
(v) Employee has had the opportunity to review this Agreement with Employee’s attorney and to consult with Employee’s attorney concerning the signing of this Agreement;
(vi) Employee was afforded a twenty-one (21) day period of time to consider it before executing it;
(vii) Employee was given a seven-day period of time in which to revoke this Agreement after it was signed; and
(viii) Employee’s execution of this Agreement is knowing and voluntary.
Appears in 1 contract
Samples: Separation Agreement (United Community Financial Corp)
Release of Age Discrimination Claims. In further consideration With respect to the Associate’s release and waiver of the promises made by Company in the Agreement, Executive specifically waives any and all rights in connection with, and fully RELEASES and forever discharges the Released Parties from, any and all torts, contracts, claims, suits, actions, causes of action, demands, rights, damages, costs, expenses, attorneys’ fees, and compensation in any form whatsoever, whether now known or unknown, in law or in equity, which Executive has or ever had (from the beginning of time through and including the date hereof) against any of the Released Parties, arising claims under the Age Discrimination ADEA as described in Employment Act of 1967Section 4(a) above, as amended, 29 U.S.C. Sec. 621, et seq. (“ADEA”). Executive further the Associate agrees thatand acknowledges the following:
(ai) Executive’s waiver of rights under The Associate has reviewed this Release is knowing Agreement carefully and voluntary understands its terms and in compliance with the Older Workers Benefit Protection Act of 1990;
(b) Executive understands the terms of this Release;
(c) the consideration provided in the Agreement represents consideration over and above that to which Executive otherwise would be entitled, that the consideration would not have conditions. The Associate has been provided had Executive not signed this Releaseadvised, and that the consideration by this Agreement is in exchange for the signing of this Release;
(d) Company is hereby advising Executive in writing again advised, to consult with Executivean attorney of the Associate’s attorney choice prior to executing entering into this Release;Agreement.
(eii) Company is giving Executive The Associate shall have twenty-one (21) days from receipt of this Agreement to consider and execute the Agreement by fully executing it below and returning it to Walmart; otherwise, the terms and provisions of this Agreement become null and void. The Associate agrees that any modifications, material or otherwise, made to this Agreement do not restart or affect in any manner the original review period.
(iii) The Associate will have a period of at least forty-five (45) days within which to consider this Release;
(f) following the execution of this Release, Executive has seven (7) calendar days in after Associate signs the Agreement during which to revoke the Agreement. The Associate must provide written notice of revocation during the seven (7) day period to Xxxxxx Xxxxxxx, Senior Vice President, Global Compensation and Organizational Effectiveness. Any revocation within this Release by period must expressly state, “I hereby revoke my Agreement.” The written notice. To be effective, the revocation must be made in writing and delivered to Xxxxxx Xxxxxxx, Senior Vice President, Global Compensation and received by the Chairman Organizational Effectiveness, or to her successor, and be postmarked within seven (7) calendar days of the Board Associate’s execution of Directors, Allscripts Healthcare Solutions, Inc., 000 Xxxxxxxxxxx Xxxx Xxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000, no later than 5:00 p.m. Central Time on this Agreement. This Agreement will not become effective or enforceable until the seventh revocation period has expired. If the last day after Executive executes this Release. An attempted revocation not actually received by the Chairman of the Board of Directors before revocation period is a Saturday, Sunday, or legal holiday, then the revocation deadline period will not be effective; andexpire until the next following day that is not a Saturday, Sunday, or legal holiday.
(giv) this entire Release shall be void and of no force and effect if Executive chooses to so revoke, and, if Executive chooses not to so revoke, this Release shall then become fully effective and enforceable. This Section 2 does not waive The Associate knows that he is waiving his rights or claims that may arise under the ADEA and does so voluntarily. The Associate realizes the waiver does not include any ADEA rights which may arise after the date Executive Associate signs this ReleaseAgreement. By signing this Agreement, the Associate acknowledges that he is receiving consideration that the Associate would not otherwise be entitled to receive.
(v) No payments or acceleration of equity pursuant to Section 2 of this Agreement shall occur or be effective until after the Associate has executed and delivered this Agreement to Walmart, the above-mentioned seven-day revocation period has expired, and the Associate has separated from employment as set forth in Section 1 of this Agreement.
Appears in 1 contract
Release of Age Discrimination Claims. In further consideration (a) Exclusively as this Agreement pertains to Employee’s release of the promises made by Company in the Agreement, Executive specifically waives any and all rights in connection with, and fully RELEASES and forever discharges the Released Parties from, any and all torts, contracts, claims, suits, actions, causes of action, demands, rights, damages, costs, expenses, attorneys’ fees, and compensation in any form whatsoever, whether now known or unknown, in law or in equity, which Executive has or ever had (from the beginning of time through and including the date hereof) against any of the Released Parties, arising claims under the Age Discrimination in Employment Act of 1967Act, as amendedEmployee, 29 U.S.C. Sec. 621, et seq. (“ADEA”). Executive further agrees that:
(a) Executive’s waiver of rights under this Release is knowing and voluntary pursuant to and in compliance with rights afforded them under the Older Workers Benefit Protection Act of 1990;Act:
(bi) Executive understands the terms of this Release;
(c) the consideration provided in the Agreement represents consideration over and above Is advised that to which Executive otherwise would be entitled, that the consideration would not have been provided had Executive not signed this Release, and that the consideration is in exchange for the signing of this Release;
(d) Company is hereby advising Executive in writing to consult with Executive’s attorney prior to executing this Release;
(e) Company is giving Executive a period of at least forty-five (45) days within which to consider this Release;
(f) following the execution of this Release, Executive has seven (7) days in which to revoke this Release by written notice. To be effective, the revocation must be made in writing and delivered to and received by the Chairman of the Board of Directors, Allscripts Healthcare Solutions, Inc., 000 Xxxxxxxxxxx Xxxx Xxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000, no later than 5:00 p.m. Central Time on the seventh day after Executive executes this Release. An attempted revocation not actually received by the Chairman of the Board of Directors before the revocation deadline will not be effective; and
(g) this entire Release shall be void and of no force and effect if Executive chooses to so revoke, and, if Executive chooses not to so revoke, this Release shall then become fully effective and enforceable. This Section 2 Employee does not waive rights or claims that may arise under the ADEA after the date Executive signs on which this ReleaseAgreement is signed by Employee and the Company;
(ii) Is advised to consult with an attorney prior to executing this Agreement;
(iii) Is given twenty-one (21) days from the receipt of this Agreement in which to consider it; and
(iv) Is given a period of seven (7) days following the signing of this Agreement in which to revoke it. A revocation of this Agreement shall be effective only on the delivery of a written revocation to The Home Savings and Loan Company of Youngstown, Ohio, 000 Xxxx Xxxxxxx Xxxxxx, Xxxxxxxxxx, Xxxx 00000, Attention: Vice President—Human Resources. This Agreement shall not become effective or enforceable until this seven-day revocation period has expired.
(b) Employee’s knowing and voluntary execution of this Agreement is an express acknowledgment and agreement that:
(i) This Agreement is written in a manner that enables Employee to fully understand its content and meaning;
(ii) This Agreement specifically refers to the waiver and release of all claims under the Age Discrimination in Employment Act;
(iii) This Agreement does not waive or release any rights or claims that may arise after the date on which it is executed;
(iv) Employee has received consideration under this Agreement in addition to anything of value to which Employee was otherwise already entitled;
(v) Employee has had the opportunity to review this Agreement with Employee’s attorney and to consult with Employee’s attorney concerning the signing of this Agreement;
(vi) Employee was afforded a twenty-one (21) day period of time to consider it before executing it;
(vii) Employee was given a seven-day period of time in which to revoke this Agreement after it was signed; and
(viii) Employee’s execution of this Agreement is knowing and voluntary.
Appears in 1 contract
Samples: Confidential Separation and General Release Agreement (United Community Financial Corp)
Release of Age Discrimination Claims. In further consideration of the promises made by Company in the Agreement, Executive specifically waives WAIVES any and all rights in connection with, and fully RELEASES and forever discharges the Released Parties from, any and all torts, contracts, claims, suits, actions, causes of action, demands, rights, damages, costs, expenses, attorneys’ fees, and compensation in any form whatsoever, whether now known or unknown, in law or in equity, which Executive has or ever had (from the beginning of time through and including the date hereof) against any of the Released Parties, arising under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. Sec. 621, et seq. (“ADEA”). Executive further agrees that:
(a) Executive’s waiver of rights under this Release is knowing and voluntary and in compliance with the Older Workers Benefit Protection Act of 1990;
(b) Executive understands the terms of this Release;
(c) the consideration provided in the Agreement represents consideration over and above that to which Executive otherwise would be entitled, that the consideration would not have been provided had Executive not signed this Release, and that the consideration is in exchange for the signing of this Release;
(d) Company is hereby advising Executive in writing to consult with Executive’s attorney prior to executing this Release;
(e) Company is giving Executive a period of at least forty-five (45) days within which to consider this Release;
(f) following Following the execution of this Release, Release Executive has seven (7) days in which to revoke this Release by written notice. To be effective, the revocation must be made in writing and delivered to and received by the Chairman of the Board of DirectorsGeneral Counsel, Allscripts Healthcare Solutions, Inc., 000 Xxxxxxxxxxx Xxxx Xxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000, no later than 5:00 4:00 p.m. Central Time on the seventh day after Executive executes this Release. An attempted revocation not actually received by the Chairman of the Board of Directors General Counsel before the revocation deadline will not be effective; and
(g) this This entire Release shall be void and of no force and effect if Executive chooses to so revoke, and, if Executive chooses not to so revoke, this Release shall then become fully effective and enforceable. This Section 2 does not waive rights or claims that may arise under the ADEA after the date Executive signs this Release. In addition, nothing in this Release shall in any way affect Executive’s right to indemnification, coverage and expense advancement to the extent provided by Company’s bylaws or other applicable Company or insurance policies; provided, however, that Company shall not be liable, and shall not provide a defense and indemnification for any claim wherein Executive has not satisfied the applicable standard of conduct set forth in such operating agreement or other applicable policies, or wherein Executive has committed any acts of fraud, embezzlement or gross misconduct.
Appears in 1 contract
Samples: Separation Agreement (Allscripts Healthcare Solutions, Inc.)
Release of Age Discrimination Claims. In further consideration of the promises made by Company in the Agreement, Executive specifically waives WAIVES any and all rights in connection with, and fully RELEASES and forever discharges the Released Parties from, any and all torts, contracts, claims, suits, actions, causes of action, demands, rights, damages, costs, expenses, attorneys’ fees, and compensation in any form whatsoever, whether now known or unknown, in law or in equity, which Executive has or ever had (from the beginning of time through and including the date hereof) against any of the Released Parties, arising under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. Sec. 621, et seq. (“ADEA”). Executive further agrees that:
(a) Executive’s waiver of rights under this Release is knowing and voluntary and in compliance with the Older Workers Benefit Protection Act of 1990;
(b) Executive understands the terms of this Release;
(c) the consideration provided in the Agreement represents consideration over and above that to which Executive otherwise would be entitled, that the consideration would not have been provided had Executive not signed this Release, and that the consideration is in exchange for the signing of this Release;
(d) Company is hereby advising Executive in writing to consult with Executive’s attorney prior to executing this Release;
(e) Company is giving Executive a period of at least forty-five (45) days within which to consider this Release;
(f) following Following the execution of this Release, Release Executive has seven (7) days in which to revoke this Release by written notice. To be effective, the revocation must be made in writing and delivered to and received by the Chairman of the Board of DirectorsGeneral Counsel, Allscripts Healthcare Solutions, Inc., 000 Xxxxxxxxxxx Xxxx Xxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000, no later than 5:00 4:00 p.m. Central Time on the seventh day after Executive executes this Release. An attempted revocation not actually received by the Chairman of the Board of Directors General Counsel before the revocation deadline will not be effective; and
(g) this This entire Release shall be void and of no force and effect if Executive chooses to so revoke, and, if Executive chooses not to so revoke, this Release shall then become fully effective and enforceable. This Section 2 does not waive rights or claims that may arise under the ADEA after the date Executive signs this Release. In addition, nothing in this Release shall in any way affect Executive’s right to indemnification, coverage and expense advancement to the extent provided by Company’s operating agreement or other applicable Company or insurance policies; provided, however, that Company shall not be liable, and shall not provide a defense and indemnification for any claim wherein Executive has not satisfied the applicable standard of conduct set forth in such operating agreement or other applicable policies, or wherein Executive has committed any acts of fraud, embezzlement or gross misconduct.
Appears in 1 contract
Samples: Separation Agreement (Allscripts Healthcare Solutions, Inc.)
Release of Age Discrimination Claims. In further consideration The Associate, being 40 years of age or older, is advised of and acknowledges the promises made by Company in following with respect to the Agreement, Executive specifically waives any Associate’s release and all rights in connection with, and fully RELEASES and forever discharges the Released Parties from, any and all torts, contracts, claims, suits, actions, causes waiver of action, demands, rights, damages, costs, expenses, attorneys’ fees, and compensation in any form whatsoever, whether now known or unknown, in law or in equity, which Executive has or ever had (from the beginning of time through and including the date hereof) against any of the Released Parties, arising claims under the Age Discrimination in Employment Act of 1967, (ADEA) as amended, 29 U.S.C. Sec. 621, et seq. (“ADEA”). Executive further agrees thatdescribed in Paragraph 4(a) above:
(ai) ExecutiveThe Associate has reviewed this Agreement carefully and understands its terms and conditions. The Associate is hereby advised to consult with an attorney regarding the terms and provisions of this Agreement, at the Associate’s waiver of rights under own expense, before signing this Release is knowing and voluntary and in compliance with the Older Workers Benefit Protection Act of 1990;Agreement.
(bii) Executive understands The Associate has twenty-one (21) calendar days following receipt of the Agreement to consider and accept the terms of the Agreement by fully executing it below and returning it to the Company; otherwise, the terms and provisions of this Release;Agreement become null and void. The Associate agrees that any modifications, material or otherwise, made to this Agreement do not restart or affect in any manner the original review period.
(ciii) the consideration provided in the Agreement represents consideration over and above that to which Executive otherwise would be entitled, that the consideration would not The Associate will have been provided had Executive not signed this Release, and that the consideration is in exchange for the signing of this Release;
(d) Company is hereby advising Executive in writing to consult with Executive’s attorney prior to executing this Release;
(e) Company is giving Executive a period of at least forty-five (45) days within which to consider this Release;
(f) following the execution of this Release, Executive has seven (7) calendar days in after Associate signs the Agreement during which to revoke the Agreement. The Associate must provide written notice of revocation during the seven (7) day period to Xxxxxx Xxxxxxx, Senior Vice President, Global Compensation. Any revocation within this Release by period must expressly state, “I hereby revoke my Agreement.” The written notice. To be effective, the revocation must be made in writing and delivered to Xxxxxx Xxxxxxx, Senior Vice President, Global Compensation, or to her successor, and received by the Chairman be postmarked within seven (7) calendar days of the Board Associate’s execution of Directors, Allscripts Healthcare Solutions, Inc., 000 Xxxxxxxxxxx Xxxx Xxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000, no later than 5:00 p.m. Central Time on this Agreement. This Agreement will not become effective or enforceable until the seventh revocation period has expired. If the last day after Executive executes this Release. An attempted revocation not actually received by the Chairman of the Board of Directors before revocation period is a Saturday, Sunday, or legal holiday, then the revocation deadline period will not be effective; andexpire until the next following day that is not a Saturday, Sunday, or legal holiday.
(giv) this entire Release shall be void and of no force and effect if Executive chooses to so revoke, and, if Executive chooses not to so revoke, this Release shall then become fully effective and enforceable. This Section 2 does not waive The Associate knows that he is waiving his rights or claims that may arise under the ADEA and does so voluntarily. The Associate realizes the waiver does not include any ADEA rights which may arise after the date Executive Associate signs this ReleaseAgreement. By signing this Agreement, the Associate acknowledges that he is receiving consideration that the Associate would not otherwise be entitled to receive.
(v) No payments will be made to the Associate under this Agreement until as soon as practical after all the following conditions have been met: (i) the Associate has signed and delivered this Agreement to Walmart, (ii) the applicable revocation period referenced in subparagraph (c)(iii) above has expired, and (iii) the Associate’s employment has terminated.
Appears in 1 contract