Common use of Release of Age Discrimination Claims Clause in Contracts

Release of Age Discrimination Claims. In addition, you acknowledge that this Agreement is written in a manner calculated to be understood by you and that you in fact understand the terms, conditions and effect of this Agreement. This Agreement refers to rights or claims arising under the Age Discrimination in Employment Act and Older Workers’ Benefit Protection Act. This Agreement does not impose any condition precedent, any penalty, or any other limitation adversely affecting your right to file a charge or complaint, including a challenge to the validity of this Agreement, with the EEOC, or to participate in any investigation or proceeding conducted by the EEOC. You further agree and acknowledge the following: a) you do not waive rights or claims that may arise after the date this Agreement is executed; b) you waive rights or claims only in exchange for consideration in addition to anything of value to which you are already entitled; c) you are hereby advised in writing to consult with an attorney prior to executing this Agreement; d) you acknowledge that you had reasonable and sufficient time to consult with an attorney prior to executing this Agreement, and have either done so or have freely chosen not to do so; e) you have twenty-one (21) days in which to consider this Agreement before accepting, but need not take that long if you does not wish to (and you acknowledge that any decision to sign this Agreement and the attached waiver prior to the expiration of the 21-day period was knowing and voluntary and not because of Company’s fraud, misrepresentation or a threat to withdraw or alter the offer); f) this Agreement allows a period of seven (7) days following execution of the Agreement in which you may revoke this Agreement; g) this Agreement shall not become effective or enforceable until the seven (7) day revocation period has expired; and, h) you fully understand all of the terms of this waiver agreement and knowingly and voluntarily enter into this Agreement. You have been given this Agreement to consider on July 16, 2013 and any notice of acceptance or revocation should be made by you by hand delivery, mail, fax or email to Xxxxx Xxxxxxx, General Counsel, KMG Chemicals, Inc., 0000 Xxxx Xxx Xxxxxxx Parkway South, Suite 600, Houston, TX 77009, Fax: (000) 000-0000, xxxxxxxx@xxxxxxxxxxxx.xxx. Nothing in Section 11 above shall be construed to restrict or prevent you from filing a charge or complaint, including a challenge to the validity of this Agreement, with the EEOC or from participating in an investigation or proceeding conducted by the EEOC. However, you understand and recognize that even if a charge is filed by you or on your behalf with an administrative agency, you will not be entitled to any damages relating to any event which occurred prior to your execution of this Agreement.

Release of Age Discrimination Claims. In additionXx. Xxxxxxx understands and agrees that, you acknowledge by signing this Agreement, Xx. Xxxxxxx is waiving any and all rights or claims that he may have arising under the Age Discrimination in Employment Act (ADEA), as amended by the Older Workers’ Benefit Protection Act (OWBPA), which have arisen on or before the date of Xx. Xxxxxxx’x signature on this Release Agreement. Xx. Xxxxxxx represents that the statutory requirements for a waiver of his rights under the ADEA and the OWBPA have been satisfied. Specifically, Xx. Xxxxxxx acknowledges that: a. This Release Agreement is written in a manner calculated to be understood by you Xx. Xxxxxxx and that you he in fact understand understands the terms, conditions and effect of this Release Agreement. . b. This Release Agreement refers to rights or claims arising under the Age Discrimination in Employment Act ADEA and Older Workers’ Benefit Protection ActOWBPA. c. Xx. This Agreement Xxxxxxx does not impose any condition precedent, any penalty, or any other limitation adversely affecting your right to file a charge or complaint, including a challenge to the validity of this Agreement, with the EEOC, or to participate in any investigation or proceeding conducted by the EEOC. You further agree and acknowledge the following: a) you do not waive rights or claims that may arise after the date this Release Agreement is executed;. b) you waive d. Xx. Xxxxxxx waives his rights or claims only in exchange for consideration in addition to anything of value to which you are Xx. Xxxxxxx is already entitled;. c) you are e. Xx. Xxxxxxx is hereby advised in writing by this Release Agreement that he has a right and is encouraged to consult with an attorney prior to executing before signing this Agreement; d) you acknowledge that you had reasonable and sufficient time to consult with an attorney prior to executing this Release Agreement, and have either acknowledges that he has done so or have freely chosen not to do so;the extent he so desires. e) you have f. Xx. Xxxxxxx has twenty-one (21) days in which to consider this Release Agreement before acceptingaccepting it, but he need not take that long if you he does not wish to (and you acknowledge that do so; any decision to sign this Release Agreement and before the attached waiver prior to the expiration of the twenty-one (21-day period was knowing and voluntary ) days have expired has been made voluntarily and not because of any fraud or coercion or improper conduct by the Company’s fraud; if the Release Agreement is not signed by Xx. Xxxxxxx within the twenty-one (21) day period, misrepresentation or a threat to withdraw or alter the offer);it is automatically revoked and is null and void; and f) this g. This Release Agreement allows a period of may be revoked by Xx. Xxxxxxx within seven (7) calendar days following of his execution of the Release Agreement in which you may revoke this Agreement; g) this by giving immediate written notice to Xxxxxxx X. Xxxxxxx, Xxxxx Resources & Energy, Inc., 00 Xxxxx Xxxxx Xxxxxx Xxxx, Xxxxx 000, Xxxxxxx, Xxxxx 00000, XxxxX@xxxxxxxxxxxxxx.xxx. This Release Agreement shall not become effective or final and enforceable and the Retirement Payment shall not be made to Xx. Xxxxxxx until the such seven (7) day revocation period has expired; and, h) you fully understand all of the terms of this waiver agreement and knowingly and voluntarily enter into this Agreement. You have been given this Agreement to consider on July 16, 2013 and any notice of acceptance or revocation should be made by you by hand delivery, mail, fax or email to Xxxxx Xxxxxxx, General Counsel, KMG Chemicals, Inc., 0000 Xxxx Xxx Xxxxxxx Parkway South, Suite 600, Houston, TX 77009, Fax: (000) 000-0000, xxxxxxxx@xxxxxxxxxxxx.xxx. Nothing in Section 11 above shall be construed to restrict or prevent you from filing a charge or complaint, including a challenge to the validity of this Agreement, with the EEOC or from participating in an investigation or proceeding conducted by the EEOC. However, you understand and recognize that even if a charge is filed by you or on your behalf with an administrative agency, you will not be entitled to any damages relating to any event which occurred prior to your execution of this Agreement.

Release of Age Discrimination Claims. In additionfurther consideration of the promises made by the Company in this Agreement, you acknowledge that this Agreement is written specifically WAIVE any and all rights in a manner calculated to be understood by connection with, and fully RELEASE and forever discharge the Company 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 you have or ever had (from the beginning of time through and that you in fact understand including the termsdate hereof) against the Company, conditions and effect of this Agreement. This Agreement refers to rights or claims arising under the Age Discrimination in Employment Act and Older Workers’ Benefit Protection Actof 1967, as amended, 29 U.S.C. Sec. This Agreement does not impose any condition precedent621, any penalty, or any other limitation adversely affecting your right to file a charge or complaint, including a challenge to the validity of this Agreement, with the EEOC, or to participate in any investigation or proceeding conducted by the EEOCet seq. (“ADEA”). You further agree and acknowledge the followingthat: a(i) your waiver of rights under this release is knowing and voluntary and in compliance with the Older Workers Benefit Protection Act of 1990; (ii) you do understand the terms of this release; (iii) the consideration provided in Paragraph 2 represents consideration over and above that to which you otherwise would be entitled, that the consideration would not have been provided had you not signed this release, and that the consideration is in exchange for the signing of this release; (iv) the Company is hereby advising you in writing to consult with your attorney prior to executing this release; (v) the Company is giving you a period of twenty-one days within which to consider this release; (vi) following your execution of this release you have 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 Pxxxxx X. Xxxxxxxx, Assistant Corporate Counsel, Sun-Times Media Group, Inc., 300 Xxxxx Xxxxxxx, 00 Xxxxx, Xxxxxxx, Xxxxxxxx 00000, no later than 4:00 p.m. on the seventh day after you execute this release. An attempted revocation not actually received by Mx. Xxxxxxxx before the revocation deadline will not be effective; and (vii) this entire Agreement shall be void and of no force and effect if you choose to so revoke, and if you choose not to so revoke this Agreement shall then become fully effective and enforceable. This Paragraph 6(b) does not waive rights or claims that may arise under the ADEA after the date this Agreement is executed; b) you waive rights or claims only in exchange for consideration in addition to anything of value to which you are already entitled; c) you are hereby advised in writing to consult with an attorney prior to executing sign this Agreement; d) you acknowledge that you had reasonable and sufficient time to consult with an attorney prior to executing this Agreement. In addition, and have either done so or have freely chosen not to do so; e) you have twenty-one (21) days nothing in which to consider this Agreement before accepting, but need not take that long if you does not wish to (and you acknowledge that any decision to sign this Agreement and the attached waiver prior to the expiration of the 21-day period was knowing and voluntary and not because of Company’s fraud, misrepresentation or a threat to withdraw or alter the offer); f) this Agreement allows a period of seven (7) days following execution of the Agreement in which you may revoke this Agreement; g) this Agreement shall not become effective or enforceable until the seven (7) day revocation period has expired; and, h) you fully understand all of the terms of this waiver agreement and knowingly and voluntarily enter into this Agreement. You have been given this Agreement to consider on July 16, 2013 and in any notice of acceptance or revocation should be made by you by hand delivery, mail, fax or email to Xxxxx Xxxxxxx, General Counsel, KMG Chemicals, Inc., 0000 Xxxx Xxx Xxxxxxx Parkway South, Suite 600, Houston, TX 77009, Fax: (000) 000-0000, xxxxxxxx@xxxxxxxxxxxx.xxx. Nothing in Section 11 above shall be construed to restrict or prevent you from filing a charge or complaint, including a challenge way affect your right to the validity of this Agreement, with indemnification and expense advancement to the EEOC or from participating in an investigation or proceeding conducted extent provided by the EEOC. HoweverCompany’s bylaws and Articles of Incorporation; provided, you understand and recognize however, that even if a charge is filed by you or on your behalf with an administrative agency, you will the Company shall not be entitled to liable, and shall not provide a defense and indemnification for any damages relating to claim wherein you have not satisfied the applicable standard of conduct set forth in such by-laws and Articles, or wherein you have committed any event which occurred prior to your execution acts of this Agreementfraud, embezzlement or gross misconduct.

Release of Age Discrimination Claims. In additionMr. Webster understands and axxxxx xxxx, you acknowledge by signing this Agreement, Mr. Webster is waiving any anx xxx xxxxxs or claims that this he may have arising under the Age Discrimination in Employment Act (ADEA), as amended by the Older Workers’ Benefit Protection Act (OWBPA), which have arisen on or before the date of Mr. Webster’s signature on thxx Xxxxxxx Xxreement. Mr. Webster represents that txx xxxxxxxxy requirements for a waiver of his rights under the ADEA and the OWBPA have been satisfied. Specifically, Mr. Webster acknowledges that: x. Xxxs Release Agreement is written in a manner calculated to be understood by you Mr. Webster and that you he in fact understand faxx xxxxxxxxnds the terms, conditions and effect of this Release Agreement. . b. This Release Agreement refers to rights or claims arising under the Age Discrimination in Employment Act ADEA and Older Workers’ Benefit Protection Act. This Agreement OWBPA. c. Mr. Webster does not impose any condition precedent, any penalty, or any other limitation adversely affecting your right to file a charge or complaint, including a challenge to the validity of this Agreement, with the EEOC, or to participate in any investigation or proceeding conducted by the EEOC. You further agree and acknowledge the following: a) you do not waive rights or claims rixxxx xx xxxims that may arise after the date this Release Agreement is executed;. b) you waive d. Mr. Webster waives his rights or claims xx xxxxxx only in exchange for consideration in addition to anything of value to which you are Mr. Webster is already entitled;entitlxx. c) you are x. Mr. Webster is hereby advised in writing xx xxxxxxx by this Release Agreement that he has a right and is encouraged to consult with an attorney prior to executing before signing this Agreement; d) you acknowledge that you had reasonable and sufficient time to consult with an attorney prior to executing this Release Agreement, and have either acknowledges that he has done so or have freely chosen to the extent he so desires. f. Mr. Webster has twenty-one (20) xxxx xx which to consider this Release Agreement before accepting it, but he need not take that long if he does not wish to do so; e) you have ; any decision to sign this Release Agreement before the twenty-one (21) days in which to consider this Agreement before accepting, but need not take that long if you does not wish to (and you acknowledge that any decision to sign this Agreement and the attached waiver prior to the expiration of the 21-day period was knowing and voluntary have expired has been made voluntarily and not because of any fraud or coercion or improper conduct by the Company’s fraud; if the Release Agreement is not signed by Mr. Webster within the twenty-xxx (00) xay period, misrepresentation or a threat to withdraw or alter the offer);it is automatically revoked and is null and void; and f) this g. This Release Agreement allows a period of may be revoked by Mr. Webster within seven (7) days following xxxxxxxx xxys of his execution of the Release Agreement in which you may revoke this Agreement; g) this Agreement by giving immediate written notice to Richard B. Abshire, Adams Resxxxxxx & Xxxxxx, Xnc., 00 South Briar Hollow Lane, Sxxxx 000, Xxxxxxx, Xxxxx 00000, XxxxX@xxxxxxxxxxxxxx.xxx. Thxx Xxxxxxx Xxxxxxxxx xxxll not become final and enforceable and the Retirement Payment shall not become effective or enforceable be made to Mr. Webster until the such seven (70) day revocation period xxx xxxiod has expired; and, h) you fully understand all of the terms of this waiver agreement and knowingly and voluntarily enter into this Agreement. You have been given this Agreement to consider on July 16, 2013 and any notice of acceptance or revocation should be made by you by hand delivery, mail, fax or email to Xxxxx Xxxxxxx, General Counsel, KMG Chemicals, Inc., 0000 Xxxx Xxx Xxxxxxx Parkway South, Suite 600, Houston, TX 77009, Fax: (000) 000-0000, xxxxxxxx@xxxxxxxxxxxx.xxx. Nothing in Section 11 above shall be construed to restrict or prevent you from filing a charge or complaint, including a challenge to the validity of this Agreement, with the EEOC or from participating in an investigation or proceeding conducted by the EEOC. However, you understand and recognize that even if a charge is filed by you or on your behalf with an administrative agency, you will not be entitled to any damages relating to any event which occurred prior to your execution of this Agreement.

Release of Age Discrimination Claims. In additionI understand that the general release in Section 4 above includes a waiver of any and all rights and claims I had or may claim to have against Company as well as any of the other Releasees, you acknowledge including any rights and claims which I may claim to have arising under the ADEA. I admit that this Agreement is written in a manner calculated to be understood by you satisfies the requirements of 29 U.S.C. § 626(f). I also acknowledge and agree that you in fact I have read and understand the terms, conditions and effect terms of this Agreement. This Agreement refers to rights or claims arising under the Age Discrimination in Employment Act and Older Workers’ Benefit Protection Act. This Agreement does not impose any condition precedent, any penalty, or any other limitation adversely affecting your right to file a charge or complaint, including a challenge to the validity of this Agreement, with the EEOC, or to participate in any investigation or proceeding conducted by the EEOC. You further agree and acknowledge the following: a) you do not waive rights or claims I represent that may arise after the date this Agreement is executed; b) you waive rights or claims only in exchange for consideration in addition to anything of value to which you are already entitled; c) you are hereby I have been advised in writing by this Agreement to consult with an attorney prior to of my choosing regarding the waiver of rights and claims under the ADEA. I also acknowledge that I have obtained and considered such legal counsel as I deem necessary, such that I am entering into this Agreement freely, knowingly, and voluntarily. I agree that in return for this Agreement I will receive consideration beyond that which I was already entitled before executing this Agreement; d. I was informed that I had not less than twenty-one (21) you acknowledge days within which to consider this Agreement and that you had reasonable and sufficient time if I wished to consult with an attorney execute this Agreement prior to executing this Agreement, and the expiration of such 21-day period I will have either done so or have freely chosen not voluntarily and with full knowledge that I am waiving my right to do so; e) you have twenty-one (21) days in which to consider this Agreement; and that such twenty-one (21) day period to consider this Agreement before acceptingwould not and will not be re-started or extended based on any changes, but need not take whether material or immaterial, that long if you does not wish are or were made to (and you acknowledge that any decision to sign this Agreement and the attached waiver prior to the expiration of the in such twenty-one (21-) day period after I received it. I was knowing and voluntary and not because of Company’s fraud, misrepresentation or a threat to withdraw or alter the offer); f) this Agreement allows a period of informed that I had seven (7) days following the date of execution of the this Agreement in which you may to revoke this Agreement; g) , and this Agreement shall not will become effective or enforceable until null and void if I elect revocation during that time. Any revocation must be in writing and must be received by the seven (7) Company during the seven-day revocation period has expired; and, h) you fully understand all of period. In the terms of event that I exercises this waiver agreement and knowingly and voluntarily enter into revocation right, neither the Company nor I will have any obligation under this Agreement. You have been given this Agreement to consider on July 16To revoke, 2013 and any I understand that I must send a written notice of acceptance or revocation should be made by you by hand delivery, mail, fax or email to Xxxxx Xxxxxxx, General Counsel, KMG Chemicalsthe Company (Evolus, Inc., 0000 Xxxx Xxx 000 Xxxxxxx Parkway SouthXxxxxx Xx., Suite 600, Houston, TX 77009, Fax: (000) 000-Xxxxx 0000, xxxxxxxx@xxxxxxxxxxxx.xxxXxxxxxx Xxxxx, Xxxxxxxxxx 00000, Attention: General Counsel) so that it is received within the seven-day period following execution of this Agreement by me. Nothing in Section 11 above shall be construed to restrict this Agreement prevents or prevent you precludes me from filing challenging or seeking a charge or complaint, including a challenge to determination in good faith of the validity of this Agreementwaiver under the ADEA, with the EEOC nor does it impose any condition precedent, penalties or from participating in an investigation costs for doing so, unless specifically authorized by federal law. I further understand I am not waiving any right or proceeding conducted by the EEOC. However, you understand and recognize that even if a charge is filed by you or on your behalf with an administrative agency, you will not be entitled to any damages relating to any event which occurred prior to your execution of this Agreementclaim.

Release of Age Discrimination Claims. In addition, you acknowledge that this Agreement is written in a manner calculated With respect to be understood by you Xx. Xxxxxx-Xxxxxx’x release and that you in fact understand the terms, conditions and effect waiver of this Agreement. This Agreement refers to rights or claims arising under the Age Discrimination ADEA as described in Employment Act Section 5(a) above, Xx. Xxxxxx-Xxxxxx agrees and Older Workers’ Benefit Protection Act. This Agreement does not impose any condition precedent, any penalty, or any other limitation adversely affecting your right to file a charge or complaint, including a challenge to the validity of this Agreement, with the EEOC, or to participate in any investigation or proceeding conducted by the EEOC. You further agree and acknowledge acknowledges the following: a(i) you do not waive rights or claims that may arise after the date Xx. Xxxxxx-Xxxxxx has reviewed this Agreement carefully and understands its terms and conditions. Xx. Xxxxxx-Xxxxxx has been advised, and by this Agreement is executed; b) you waive rights or claims only in exchange for consideration in addition to anything of value to which you are already entitled; c) you are hereby advised in writing again advised, to consult with an attorney of Xx. Xxxxxx-Xxxxxx’x choice prior to executing entering into this Agreement;. d(ii) you acknowledge that you had reasonable and sufficient time to consult with an attorney prior to executing this Agreement, and have either done so or have freely chosen not to do so; e) you Xx. Xxxxxx-Xxxxxx shall have twenty-one (21) days in which from receipt of this Agreement to consider and execute the Agreement. Following the execution by Xx. Xxxxxx-Xxxxxx of this Agreement before acceptingAgreement, but need not take that long if you does not wish to (and you acknowledge that any decision to sign this Agreement and the attached waiver prior to the expiration of the 21Xx. Xxxxxx-day period was knowing and voluntary and not because of Company’s fraud, misrepresentation or a threat to withdraw or alter the offer); f) this Agreement allows Xxxxxx shall have a period of seven (7) days following execution during which to revoke the waiver and release of any claims that arise under the Agreement in ADEA, which you may revoke this Agreement; g) this Agreement shall not become effective or enforceable until have the effect of revoking the waiver and release of any other claims. In the event of a revocation of Xx. Xxxxxx-Xxxxxx’x waiver and release of ADEA claims, Xx. Xxxxxx-Xxxxxx shall furnish written notice thereof during the seven (7) day period immediately following execution of the Agreement to Xxxxx Child, Senior Vice President, Global Compensation and Organizational Effectiveness. (iii) Xx. Xxxxxx-Xxxxxx understands and agrees that the waiver of ADEA rights, as to claims Xx. Xxxxxx-Xxxxxx 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 execution of this Agreement, and that Xx. Xxxxxx-Xxxxxx is receiving consideration hereunder to which Xx. Xxxxxx-Xxxxxx would otherwise not be entitled in the absence of Xx. Xxxxxx-Xxxxxx’x release of claims under the ADEA. (iv) None of the First Payment, the Second Payment and/or the Third Payment will be made to Xx. Xxxxxx-Xxxxxx under this Agreement until after Xx. Xxxxxx-Xxxxxx has executed and delivered this Agreement to Walmart, the above-mentioned seven-day revocation period has expired; and, h) you fully understand all of the terms of this waiver agreement , and knowingly and voluntarily enter into this AgreementXx. You have been given this Agreement to consider on July 16, 2013 and any notice of acceptance or revocation should be made by you by hand delivery, mail, fax or email to Xxxxx Xxxxxxx, General Counsel, KMG Chemicals, Inc., 0000 Xxxx Xxx Xxxxxxx Parkway South, Suite 600, Houston, TX 77009, Fax: (000) 000Xxxxxx-0000, xxxxxxxx@xxxxxxxxxxxx.xxx. Nothing Xxxxxx has separated from employment as set forth in Section 11 above shall be construed to restrict or prevent you from filing a charge or complaint, including a challenge to the validity of this Agreement, with the EEOC or from participating in an investigation or proceeding conducted by the EEOC. However, you understand and recognize that even if a charge is filed by you or on your behalf with an administrative agency, you will not be entitled to any damages relating to any event which occurred prior to your execution 1 of this Agreement.

Release of Age Discrimination Claims. In additionfurther consideration of the promises made by the Presstek in this Agreement, you acknowledge that this Agreement is written specifically WAIVE any and all rights in a manner calculated to be understood by connection with, and fully RELEASE and forever discharge the Company 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 you have or ever had (from the beginning of time through and that you in fact understand including the termsdate hereof) against the Company, conditions and effect of this Agreement. This Agreement refers to rights or claims arising under the Age Discrimination in Employment Act and Older Workers’ Benefit Protection Actof 1967, as amended, 29 U.S.C. Sec. This Agreement does not impose any condition precedent621, any penalty, or any other limitation adversely affecting your right to file a charge or complaint, including a challenge to the validity of this Agreement, with the EEOC, or to participate in any investigation or proceeding conducted by the EEOCet seq. (“ADEA”). You further agree and acknowledge the followingthat: a(i) your waiver of rights under this release is knowing and voluntary and in compliance with the Older Workers Benefit Protection Act of 1990; (ii) you do not waive rights or claims that may arise after understand the date terms of this Agreement is executedrelease; b(iii) the consideration provided in Paragraph 2 represents consideration over and above that to which you waive rights or claims only otherwise would be entitled had you not signed this release, and that the consideration is in exchange for consideration in addition to anything the signing of value to which you are already entitledthis release; c(iv) the Company is hereby advising you are hereby advised in writing to consult with an your attorney prior to executing this Agreementrelease; d(v) the Company is giving you acknowledge that you had reasonable and sufficient time to consult with an attorney prior to executing this Agreement, and have either done so or have freely chosen not to do so; e) you have a period of twenty-one days within which to consider this release; (21vi) following your execution of this release you have seven (7) days in which to consider revoke this release by written notice. To be effective, the revocation must be made in writing and delivered to and received by Xxxxx Xxxxxxx, Vice President-Human Resources, Presstek, Inc., 00 Xxxxxxxxx Xxxxx, Xxxxxx, XX 00000, no later than 4:00 p.m. on the seventh day after you execute this release. An attempted revocation not actually received by Xx. Xxxxxxx before the revocation deadline will not be effective; and (vii) this entire Agreement before accepting, but need not take that long shall be void and of no force and effect if you does choose to so revoke, and if you choose not wish to (and you acknowledge that any decision to sign this Agreement and the attached waiver prior to the expiration of the 21-day period was knowing and voluntary and not because of Company’s fraud, misrepresentation or a threat to withdraw or alter the offer); f) this Agreement allows a period of seven (7) days following execution of the Agreement in which you may so revoke this Agreement; g) this Agreement shall not then become fully effective or enforceable until the seven (7) day revocation period has expired; and, h) you fully understand all of the terms of this waiver agreement and knowingly and voluntarily enter into this Agreement. You have been given this Agreement to consider on July 16, 2013 and any notice of acceptance or revocation should be made by you by hand delivery, mail, fax or email to Xxxxx Xxxxxxx, General Counsel, KMG Chemicals, Inc., 0000 Xxxx Xxx Xxxxxxx Parkway South, Suite 600, Houston, TX 77009, Fax: (000) 000-0000, xxxxxxxx@xxxxxxxxxxxx.xxx. Nothing in Section 11 above shall be construed to restrict or prevent you from filing a charge or complaint, including a challenge to the validity of this Agreement, with the EEOC or from participating in an investigation or proceeding conducted by the EEOC. However, you understand and recognize that even if a charge is filed by you or on your behalf with an administrative agency, you will not be entitled to any damages relating to any event which occurred prior to your execution of this Agreementenforceable.