Common use of Release of All ADEA Claims Clause in Contracts

Release of All ADEA Claims. a. This section of the Agreement exclusively addresses Employee’s release of claims arising under federal law involving discrimination on the basis of age in employment (age 40 and above). This section is provided separately, in compliance with federal law, including but not limited to the Older Workers’ Benefit Protection Act of 1990, to ensure that Employee clearly understands his/her rights so that any release of age discrimination claims under federal law (the ADEA) is knowing and voluntary on the part of Employee. b. Employee represents, acknowledges and agrees that the Bank has advised him/her, in writing, to discuss this Agreement with an attorney, and to the extent, if any, that Employee has desired, Employee has done so; that the Bank has given Employee twenty-one (21) days from receipt of this Agreement to review and consider this Agreement before signing it, and Employee understands that he/she may use as much of this twenty-one (21) day period as he/she wishes prior to signing; that no promise, representation, warranty or agreements not contained herein have been made by or with anyone to cause him/her to sign this Agreement; that he/she has read this Agreement in its entirety, and fully understands and is aware of its meaning, intent, content and legal effect; and that he/she is executing this release voluntarily and free of any duress or coercion. c. The parties acknowledge that for a period of seven (7) days following the execution of this Agreement, Employee may revoke the Agreement, and the Agreement shall not become effective or enforceable until the revocation period has expired. This Agreement shall become effective eight (8) days after it has been signed by Employee and the Bank, and in the event the parties do not sign on the same date, then this Agreement shall become effective eight (8) days after the date it is signed by Employee. d. In consideration of the separation payment and other benefits made to Employee described in Section 1 of this Agreement, which Employee would otherwise not be entitled to except for signing this Agreement, Employee does hereby unconditionally, irrevocably and absolutely release and discharge the Bank and any related holding, parent, sister or subsidiary entities and all of their respective boards of directors, officers, employees, agents, volunteers, attorneys, insurers, divisions, successors and assigns from any and all loss, liability, claims, demands, causes of action or suits of any type arising under the ADEA and related directly or indirectly to Employee’s employment with the Bank and the termination of said employment.

Release of All ADEA Claims. a. This section of the Agreement exclusively addresses Employee’s release of claims arising under federal law involving discrimination on the basis of age in employment (age 40 and above). This section is provided separately, in compliance with federal law, including but not limited to the Older Workers’ Benefit Protection Act of 1990, to ensure that Employee clearly understands his/her rights so that any release of age discrimination claims under federal law (the ADEA) is knowing and voluntary on the part of Employee. b. Employee represents, acknowledges and agrees that the Bank Employer has advised him/her, in writing, to discuss this Agreement with an attorney, and to the extent, if any, that Employee has desired, Employee has done so; that the Bank Employer has given Employee twenty-one (21) days from receipt of this Agreement to review and consider this Agreement before signing it, and Employee understands that he/she he may use as much of this twenty-one (21) day period as he/she he wishes prior to signing; that no promise, representation, warranty or agreements not contained herein have been made by or with anyone to cause him/her him to sign this Agreement; that he/she he has read this Agreement in its entirety, and fully understands and is aware of its meaning, intent, content and legal effect; and that he/she he is executing this release voluntarily and free of any duress or coercion. c. The parties acknowledge that for a period of seven (7) days following the execution of this Agreement, Employee may revoke the Agreement, and the Agreement shall not become effective or enforceable until the revocation period has expired. This Agreement shall become effective eight (8) days after it has been signed by Employee and the BankEmployer, and in the event the parties do not sign on the same date, then this Agreement shall become effective eight (8) days after the date it is signed by Employee. d. In consideration of the separation payment and other benefits made to Employee described in Section 1 of this Agreement, which Employee would otherwise not be entitled to except for signing this Agreement, Employee does hereby unconditionally, irrevocably and absolutely release and discharge the Bank Employer and any related holding, parent, sister or subsidiary entities and all of their respective boards of directors, officers, employees, agents, volunteers, attorneys, insurers, divisions, successors and assigns from any and all loss, liability, claims, demands, causes of action or suits of any type arising under the ADEA and related directly or indirectly to Employee’s employment with the Bank Employer and the termination of said employment.

Release of All ADEA Claims. a. This section of the Agreement exclusively addresses Employee’s release of claims arising under federal law involving discrimination on the basis of age in employment (age 40 and above). This section is provided separately, in compliance with federal law, including but not limited to the Older Workers’ Benefit Protection Act of 1990, to ensure that Employee clearly understands his/her his rights so that any release of age discrimination claims under federal law (the ADEA) is knowing and voluntary on the part of Employee. b. Employee represents, acknowledges and agrees that the Bank Employer has advised him/her, in writing, to discuss this Agreement with an attorney, and to the extent, if any, that Employee has desired, Employee has done so; that the Bank Employer has given Employee twenty-one (21) days from receipt of this Agreement to review and consider this Agreement before signing it, and Employee understands that he/she he may use as much of this twenty-one (21) day period as he/she he wishes prior to signing; that no promise, representation, warranty or agreements not contained herein have been made by or with anyone to cause him/her him to sign this Agreement; that he/she he has read this Agreement in its entirety, and fully understands and is aware of its meaning, intent, content and legal effect; and that he/she he is executing this release voluntarily and free of any duress or coercion. c. The parties acknowledge that for a period of seven (7) days following the execution of this Agreement, Employee may revoke the Agreement, and the Agreement shall not become effective or enforceable until the revocation period has expired. This Agreement shall become effective eight (8) days after it has been signed by Employee and the BankEmployer, and in the event the parties do not sign on the same date, then this Agreement shall become effective eight (8) days after the date it is signed by Employee. d. In consideration of the separation payment and other benefits made to Employee described in Section 1 of this Agreement, which Employee would otherwise not be entitled to except for signing this Agreement, Employee does hereby unconditionally, irrevocably and absolutely release and discharge the Bank Employer and any related holding, parent, sister or subsidiary entities and all of their respective boards of directors, officers, employees, agents, volunteers, attorneys, insurers, divisions, successors and assigns from any and all loss, liability, claims, demands, causes of action or suits of any type arising under the ADEA and related directly or indirectly to Employee’s employment with the Bank Employer and the termination of said employment.

Release of All ADEA Claims. a. (a) This section of the Agreement exclusively addresses Employee’s Mr.__________ 's release of claims arising under federal law involving discrimination on the basis of age in employment (age 40 forty and above). This section is provided separately, in compliance with federal law, including but not limited to the Older Workers’ ' Benefit Protection Act of 1990, to ensure that Employee Mr. clearly understands his/her his rights so that any release of age discrimination claims under federal law (the ADEA"ADEA Release") is knowing and voluntary on the part of Employee.Mr._____________ b. Employee (b) Mr. ________ represents, acknowledges and agrees that the Bank he has been advised him/her, in writing, to discuss this Agreement with an attorney, and to the extent, if any, that Employee Mr. __________ has desired, Employee Mr.____________ has done so; that the Bank Mr.____________ has been given Employee twenty-one (21) days from receipt of this Agreement to review and consider this Agreement ADEA Release before signing it, and Employee ; that Mr. understands that he/she he may use as much of this twenty-one (21) day period as he/she he wishes prior to signingreleasing the ADEA claims; that no promise, representation, warranty or agreements agreement not contained herein have has been made by or with anyone to cause him/her him to sign this Agreement; that he/she has read this Agreement in its entiretyhas been read and interpreted for him by counsel to the extent desired, and that he fully understands and is aware of its meaning, intent, content and legal effect; and that he/she he is executing this release voluntarily and free of any duress or coercion. Mr.__________ further understands and agrees that he is not waiving any rights or claims under the ADEA which might arise after the date he signs this Agreement. c. (c) The parties Parties acknowledge that for a period of seven (7) days following the execution of this Agreement, Employee Mr. may revoke the AgreementADEA Release, and the Agreement ADEA Release shall not become effective or enforceable until the revocation period has expired. This Agreement ADEA Release shall become effective eight ({8) days after it has been signed by Employee and the BankParties, and in the event the parties Parties do not sign on the same date, then this Agreement ADEA Release shall become effective eight (8) days after the date it is signed by EmployeeMr. _________. d. (d) In consideration of the separation payment and other benefits to be made to Employee described Mr.___________described in Section 1 Paragraph 3 of this Agreement, which Employee would Mr.___________would otherwise not be entitled to except for signing this AgreementAgreement and releasing his ADEA claims, Employee Mr.___________ does hereby unconditionally, irrevocably and absolutely release and discharge the Bank PTSC, its past and any related holding, parent, sister or subsidiary entities and all of their respective boards of present directors, officers, employees, shareholders, agents, volunteerspredecessors, affiliated entities, successors, assigns, joint venturers, attorneys, insurersheirs, divisionsexecutors, successors administrators and assigns representatives ("Releasees") from any and all loss, liability, claims, demands, causes of action or suits of any type arising under the ADEA and related directly or indirectly to Employee’s employment with the Bank and the termination of said employmentADEA.

Release of All ADEA Claims. a. This section of the Agreement exclusively addresses Employee’s release of claims arising under federal law involving discrimination on the basis of age in employment (age 40 forty and above). This section is provided separately, in compliance with federal law, including but not limited to the Older Workers’ Benefit Protection Act of 1990, to ensure that Employee clearly understands his/her his rights so that any release of age discrimination claims under federal law (the Age Discrimination in Employment Act of 1967 (“ADEA”)) is knowing and voluntary on the part of Employee. b. Employee represents, acknowledges and agrees that the Bank Corautus has advised him/her, in writing, to discuss this Agreement with an attorney, and to the that extent, if any, that Employee has desired, Employee has done so; that the Bank Corautus has given Employee twentyforty-one five (2145) days from receipt of this Agreement to review and consider this Agreement before signing it, and Employee understands that he/she he may use as much of this twentyforty-one five (2145) day period as he/she he wishes prior to signing; and that no promise, representation, warranty or agreements not contained herein have been made by or with anyone to cause him/her him to sign this Agreement; that he/she he has read this Agreement in its entirety, and fully understands and is aware of its meaning, intent, content and legal effect; and that he/she he is executing this release voluntarily and free of any duress or coercion. c. Employee represents, acknowledges and agrees that he has reviewed Exhibit B, attached to this Agreement, which sets forth the job titles and ages of employees whose current position have been impacted by the reorganization and the relevant job titles and ages of employees who were not impacted by the reorganization. d. The parties acknowledge that for a period of seven (7) days following the execution of this Agreement, Employee may revoke the Agreement, and the Agreement shall not become effective or enforceable until the revocation period has expired. This Agreement shall become effective eight (8) days after it has been signed by Employee and the BankCorautus, and in the event the parties do not sign on the same date, then this Agreement shall become effective eight (8) days after the date it is signed by Employee. d. e. In consideration of the separation payment and other benefits made to Employee described in Section 1 2b of this Agreement, which Employee would otherwise not be entitled to except for signing this Agreement, Employee does hereby unconditionally, irrevocably and absolutely release and discharge the Bank Corautus, its owners, directors, officers, employees, agents, attorneys, stockholders, insurers, divisions, predecessors, successors and assigns, and any related holding, parent, sister or subsidiary entities and all of their respective boards of directors, officers, employees, agents, volunteers, attorneys, insurers, divisions, successors and assigns corporations from any and all loss, liability, claims, demands, causes of action or suits of any type arising under the ADEA and related directly or indirectly to Employee’s employment with the Bank Corautus and the termination of said employment. f. Employee does expressly waive all of the benefits and rights granted to him pursuant to California Civil Code section 1542, which reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OF OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. Employee does certify that he has read all of this Agreement, including the release provisions contained herein and the quoted Civil Code section, and that he fully understands all of the same. Employee hereby expressly agrees that this Agreement shall extend and apply to all unknown, unsuspected and unanticipated ADEA injuries and damages, as well as those ADEA injuries and damages that are now disclosed.

Release of All ADEA Claims. a. The Parties further agree as follows: A. This section of the Agreement Waiver exclusively addresses EmployeeManager’s release of claims arising under federal law involving discrimination on the basis of age in employment (age 40 forty and above). This section is provided separately, in compliance with federal law, including but not limited to the Older Workers’ Worker’s Benefit Protection Act of 1990, to ensure that Employee Manager clearly understands his/her his rights so that any release of age discrimination claims under federal law (the Age Discrimination in Employment Act of 1967, as stated in 29 U.S.C. §§ 621-634, (“ADEA”) is knowing and voluntary on the part of EmployeeManager. b. Employee B. Manager represents, acknowledges acknowledges, and agrees that the Bank City has advised him/her, in writing, to discuss this Agreement with an attorney, and to the extent, extent if any, that Employee Manager has desired, Employee Manager has done so; that the Bank City has given Employee Manager twenty-one (21) days from receipt of this Release Agreement to review and consider this Release Agreement before signing it, and Employee Manager understands that he/she he may use as much of this twenty-one (21) day period as he/she he wishes prior to signingsigning it; and that no promise, representation, warranty warranty, or agreements not contained herein have been made by or with anyone to cause him/her him to sign this Release Agreement; that he/she he has read this Release Agreement in its entirety, and fully understands and is aware of its meaning, intent, content content, and legal effect; and that he/she he is executing this release voluntarily and free of any duress or coercion. The twenty-one (21) day review period runs from the date of the City’s final offer to Manager. If Manager executes this Release Agreement prior to the conclusion of the twenty-one (21) day review period, Manager represents, acknowledges, and agrees that his execution of the Release Agreement during the shortened time period is his choice and is not compelled by the City. c. C. The parties acknowledge that for a period of seven (7) days following the execution of this Release Agreement, Employee Manager may revoke the Release Agreement, and the Release Agreement shall not become effective or enforceable until the revocation period has expired. This Release Agreement shall become effective eight (8) days after it has been signed by Employee Manager and the BankCity have signed it, and in the event the parties do not sign on the same date, then this Release Agreement shall become effective eight (8) days after the date it is signed by EmployeeManager. d. D. In consideration of the separation payment Severance to be paid and provided to Manager, and other benefits made to Employee described in Section 1 of this Agreementgood and valuable consideration, which Employee would otherwise not be entitled to except for signing this Agreement, Employee Manager does hereby unconditionally, irrevocably irrevocably, and absolutely release and discharge the Bank and any related holdingCity of Chula Vista, parent, sister or subsidiary entities and all of their respective boards of directorsits elected officials, officers, employees, agents, volunteers, attorneys, insurers, divisions, successors and assigns attorneys from any and all loss, liability, claims, demands, causes of action or suits of any type arising under the ADEA and related directly or indirectly to EmployeeManager’s employment with the Bank and the City, termination of said employment, and/or subsequent resignation from employment.