Common use of Release of Age Discrimination Claims Clause in Contracts

Release of Age Discrimination Claims. Employee understands that the general release in Section 4 above includes a waiver of any and all rights and claims Employee had or may claim to have against Employer Group as well as any of the other Releasees, including any rights and claims which Employee may claim to have arising under the ADEA. Employee admits that this Agreement satisfies the requirements of 29 U.S.C. § 626(f). Employee also acknowledges and agrees that Employee has read and understands the terms of this Agreement. Employee represents that Employee has been advised in writing by this Agreement to consult with an attorney 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 Agreement freely, knowingly, and voluntarily. Employee further acknowledges that Employee has been given at least twenty-one (21) 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 Agreement is executed by Employee, Employee understands this Agreement shall become binding and enforceable on the eighth day. Employee further understands that Employee is not waiving any rights or claims under the ADEA that may arise after the effective date of this Agreement.

Appears in 2 contracts

Samples: Separation Agreement and General Release of Claims (Evolus, Inc.), Separation Agreement and General Release of Claims (Evolus, Inc.)

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Release of Age Discrimination Claims. Employee understands I understand that the general release in Section 4 above includes a waiver of any and all rights and claims Employee I had or may claim to have against Employer Group Company as well as any of the other Releasees, including any rights and claims which Employee I may claim to have arising under the ADEA. Employee admits I admit that this Agreement satisfies the requirements of 29 U.S.C. § 626(f). Employee I also acknowledges acknowledge and agrees agree that Employee has I have read and understands understand the terms of this Agreement. Employee represents I represent that Employee has I have been advised in writing by this Agreement to consult with an attorney of his my choosing regarding the waiver of rights and claims under the ADEA. Employee I also acknowledges acknowledge that Employee has I have obtained and considered such legal counsel as Employee deems I deem necessary, such that Employee is I am entering into this Agreement freely, knowingly, and voluntarily. Employee further acknowledges I agree that Employee has been given at least in return for this Agreement I will receive consideration beyond that which I was already entitled before executing this Agreement. I was informed that I had not less than twenty-one (21) days in within which to consider whether or not this Agreement and that if I wished to enter into execute this Agreement. Employee understands that, at Employee’s option, Employee may elect not Agreement prior to use the full expiration of such 21-day period. Employee also understands period I will have done so voluntarily and with full knowledge that I am waiving my right to have twenty-one (21) days to consider this Agreement; and that such twenty-one (21) day period to consider this Agreement shall would not become enforceable until eight and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such twenty-one (8) days 21) day period after Employee has executed this AgreementI received it. If Employee does not revoke his acceptance within the I was informed that I had seven (7) days following the date of execution of this Agreement in which to revoke this Agreement, and this Agreement will become null and void if I elect revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that I exercises this revocation right, neither the Company nor I will have any obligation under this Agreement. To revoke, I understand that I must send a written notice of revocation to the Company (Evolus, Inc., 000 Xxxxxxx Xxxxxx Xx., Xxxxx 0000, Xxxxxxx Xxxxx, Xxxxxxxxxx 00000, Attention: General Counsel) so that it is received within the seven-day period after following execution of this Agreement is executed by Employee, Employee understands me. Nothing in this Agreement shall become binding and enforceable on prevents or precludes me from challenging or seeking a determination in good faith of the eighth dayvalidity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law. Employee I further understands that Employee is understand I am not waiving any rights right or claims under the ADEA that may arise after the effective date of this Agreementclaim.

Appears in 1 contract

Samples: Separation Agreement and General Release of Claims (Evolus, Inc.)

Release of Age Discrimination Claims. Employee understands that the general release in Section 4 above includes a waiver of any and all rights and claims Employee had or may claim to have against Employer Group as well as any of the other Releasees, including any rights and claims which Employee may claim to have arising under the ADEA. Employee admits that this Agreement satisfies the requirements of THIS 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. § 626(fsec. 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. Employee also acknowledges and agrees It is understood that Employee has read and understands the terms of this Agreement. Employee represents that Employee has been advised in writing by this Agreement to consult with an attorney 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 Agreement freely, knowingly, and voluntarily. Employee further acknowledges that Employee has been given at least twenty-one (21) 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 Agreement is executed by Employee, Employee understands this Agreement shall become binding and enforceable on the eighth day. Employee further understands that Employee Executive is not waiving any rights or claims under the ADEA Age Discrimination in Employment Act of 1967, as amended, that may arise after this Release is 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 Executive acknowledges and agrees that the effective date payments and other benefits to be provided to him/her pursuant to paragraphs 4(a)(ii)-(v) and/or 5(b) and (c) of the CIC Agreement are consideration to which he is not otherwise entitled. Executive understands that he/she has been given the opportunity to consult with his/her attorney and discuss the contents of this Agreement.document and its meaning prior to executing this Release. Executive understands that he/she may consider his/her decision for 21 days 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 (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 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 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 wishes to revoke this Release during the seven days after signing it, he/she will do so by sending notice of same to the attention of the Company's [Assistant] General Counsel by fax (713/000-0000) and certified mail, return receipt requested (c/o NATCO Group Inc., Brookhollow Central III, Xxxxx 000, 0000 X. Xxxx Xxxx, Xxxxxxx, XX 77092). If after the passage of the 7-day period Executive does not intend to revoke this Release, he/she shall execute and return the attached statement evidencing his/her intent not to revoke this Release to the Company's [Assistant] General Counsel as described above. Executive 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. Executive's initials following this paragraph evidence his/her understanding and voluntary waiver of all Claims against the Company including, but not limited to, those pursuant to the Age Discrimination in Employment Act and the Older Worker's Benefit Protection Act. Initials: __________

Appears in 1 contract

Samples: Control and Severance Agreement (Natco Group Inc)

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Release of Age Discrimination Claims. Employee understands that the general release in Section 4 above includes a waiver of any and all rights and claims Employee had or may claim to have against Employer Group as well as any of the other Releasees, including any rights and claims which Employee may claim to have arising under the ADEA. Employee admits that this Agreement satisfies the requirements of THIS 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. § 626(fsec. 621 et seq.), AS AMENDED, AND THE OLDER WORKER'S BENEFIT PROTECTION ACT, AS AMENDED. Employee also acknowledges and agrees It is understood that Employee has read and understands the terms of this Agreement. Employee represents that Employee has been advised in writing by this Agreement to consult with an attorney 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 Agreement freely, knowingly, and voluntarily. Employee further acknowledges that Employee has been given at least twenty-one (21) 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 Agreement is executed by Employee, Employee understands this Agreement shall become binding and enforceable on the eighth day. Employee further understands that Employee Executive is not waiving any rights or claims under the ADEA Age Discrimination in Employment Act of 1967, as amended, that may arise after this Release is 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. Executive understands that he has been given the effective date opportunity to consult with his attorney and discuss the contents of this Agreement.document and its meaning prior to executing this Release. Executive understands that he may consider his decision for 21 days before signing this Release. Executive acknowledges that he 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 certifies that, in accordance with 29 CFR sec. 1625.22 (e)(6), he knowingly and voluntarily decided to sign this Release after considering it less than 21 days and his decision to do so was not induced by NATCO 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 may revoke this Release at any time within 7 days after he signs it and that this Release shall not become effective or enforceable until the 7-day revocation period has expired. If Executive wishes to revoke this Release during the 7 days after signing it, he will do so by sending notice of same to the attention of NATCO's General Counsel by fax (713/000-0000) and certified mail, return receipt requested (c/o NATCO Group Inc., Brookhollow Central III, Xxxxx 000, 0000 X. Xxxx Xxxx, Xxxxxxx, XX 77092). If after the passage of the 7-day period Executive does not intend to revoke this Release, he shall execute and return the attached statement evidencing his intent not to revoke this Release to NATCO's General Counsel as described above. Executive acknowledges and understands that the above-mentioned consideration will not be paid to him unless NATCO receives a properly executed original of the attached notice evidencing his intent not to revoke this Release. Executive's initials following this paragraph evidence his understanding and voluntary waiver of all Claims against NATCO including, but not limited to, those pursuant to the Age Discrimination in Employment Act and the Older Worker's Benefit Protection Act. Initials: __________

Appears in 1 contract

Samples: Employment Agreement (Natco Group Inc)

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