Common use of Release of Claims Under the ADEA Clause in Contracts

Release of Claims Under the ADEA. In addition to the foregoing, Champion hereby knowingly and voluntarily releases and discharges the Releasees, collectively, separately and severally, from and for any and all liability, claims, allegations, and causes of action arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which he and/or his heirs, administrators, executors, personal representatives, beneficiaries, and assigns may have or claim to have against the Releasees. Notwithstanding any other provision or section of this Agreement, Champion does not hereby waive any rights or claims under the ADEA that may arise after the date on which the Agreement is signed by him. Champion hereby acknowledges and represents that (i) he has been given a period of at least twenty-one (21) days to consider the terms of this Agreement, (ii) the Company has advised (or hereby advises) Champion in writing to consult with an attorney prior to executing this Agreement, and (iii) Champion has received valuable and good consideration to which he is otherwise not entitled in exchange for his execution of this Agreement. Champion and the Company acknowledge and agree that any revisions made to this Agreement after it was initially delivered to Champion were either not material or were requested by Champion, and expressly agree that such changes do not re-start the 21-day consideration period described above. The parties hereby acknowledge this Agreement shall not become effective or enforceable until the eighth (8th) day after it is executed by Champion (the “Effective Date”) and that Champion may revoke this Agreement at any time before the Effective Date. In the event Champion revokes, he shall notify the Company in writing to its designated agent for this purpose no later than the last day of the revocation period. Such notice shall be delivered to the Company by national overnight delivery service such as Federal Express or United Parcel Service, the receipt of which shall be tracked by the delivery service, and addressed as follows: Carmike Cinemas, Inc. 0000 Xxxxx Xxxxxx Xxxxxxxx, Xxxxxxx 00000 Attn: Chief Executive Officer

Release of Claims Under the ADEA. In addition to the foregoing, Champion Xxxxx hereby knowingly and voluntarily releases and discharges the Releasees, collectively, separately and severally, from and for any and all liability, claims, allegations, and causes of action arising under the Age Discrimination in Employment Act of 1967, as amended (“"ADEA”''), which he and/or his heirs, administrators, executors, personal representatives, beneficiaries, and assigns may have or claim to have against the Releasees. Notwithstanding any other provision or section of this Agreement, Champion Xxxxx does not hereby waive any rights or claims under the ADEA that may arise after the date on which the Agreement is signed by him. Champion Xxxxx hereby acknowledges and represents that (i) he has been given a period of at least twenty-one (21) days to consider the terms of this Agreement, (ii) the Company has advised (or hereby advises) Champion Xxxxx in writing to consult with an attorney prior to executing this Agreement, and (iii) Champion Xxxxx has received valuable and good consideration to which he is otherwise not entitled in exchange for his execution of this Agreement. Champion Xxxxx and the Company acknowledge and agree that any revisions made to this Agreement after it was initially delivered to Champion Xxxxx were either not material or were requested by ChampionXxxxx, and expressly agree that such changes do not re-start re­start the 21-day consideration period described above. The parties hereby acknowledge this Agreement shall not become effective or enforceable until the eighth (8th) day after it is executed by Champion Xxxxx (the “"Effective Date”") and that Champion Xxxxx may revoke this Agreement at any time before the Effective Date. In the event Champion Xxxxx revokes, he shall notify the Company in writing to its designated agent for this purpose no later than the last day of the revocation period. Such notice shall be delivered to the Company by national overnight delivery service such as Federal Express or United Parcel Service, the receipt of which shall be tracked by the delivery service, and addressed as follows: Carmike CinemasCousins Properties Incorporated 000 Xxxxxxxxx Xxxxxx, Inc. 0000 Xxxxx Xxxxxx Xxxxxxxx000 Xxxxxxx, Xxxxxxx 00000 00000-0000 Attn: Chief Executive Financial Officer

Release of Claims Under the ADEA. In addition to the foregoing, Champion Xxxxxxx hereby knowingly and voluntarily releases and discharges the Releasees, collectively, separately and severally, from and for any and all liability, claims, allegations, and causes of action arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which he and/or his heirs, administrators, executors, personal representatives, beneficiaries, and assigns may have or claim to have against the Releasees. Notwithstanding any other provision or section of this Agreement, Champion Xxxxxxx does not hereby waive any rights or claims under the ADEA that may arise after the date on which the Agreement is signed by him. Champion Xxxxxxx hereby acknowledges and represents that (i) he has been given a period of at least twenty-one (21) days to consider the terms of this Agreement, (ii) the Company has advised (or hereby advises) Champion Xxxxxxx in writing to consult with an attorney prior to executing this Agreement, and (iii) Champion Xxxxxxx has received valuable and good consideration to which he is otherwise not entitled in exchange for his execution of this Agreement. Champion Xxxxxxx and the Company acknowledge and agree that any revisions made to this Agreement after it was initially delivered to Champion Xxxxxxx were either not material or were requested by ChampionXxxxxxx, and expressly agree that such changes do not re-start the 21-day consideration period described above. The parties hereby acknowledge this Agreement shall not become effective or enforceable until the eighth (8th) day after it is executed by Champion Xxxxxxx (the “Effective Date”) and that Champion may Xxxxxxx xxx revoke this Agreement at any time before the Effective Date. In the event Champion Xxxxxxx revokes, he shall notify the Company in writing to its designated agent for this purpose no later than the last day of the revocation period. Such notice shall be delivered to the Company by national overnight delivery service such as Federal Express or United Parcel Service, the receipt of which shall be tracked by the delivery service, and addressed as follows: Carmike Cinemas, Inc. 0000 Xxxxx Xxxxxx Xxxxxxxx, Xxxxxxx 00000 Attn: Chief Executive OfficerGeneral Counsel

Release of Claims Under the ADEA. In addition to the foregoing, Champion Xxxxxxx hereby knowingly and voluntarily releases and discharges the Releasees, collectively, separately and severally, from and for any and all liability, claims, allegations, and causes of action arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which he and/or his heirs, administrators, executors, personal representatives, beneficiaries, and assigns may have or claim to have against the Releasees. Notwithstanding any other provision or section of this Agreement, Champion Xxxxxxx does not hereby waive any rights or claims under the ADEA that may arise after the date on which the Agreement is signed by him. Champion Xxxxxxx hereby acknowledges and represents that (i) he has been given a period of at least twenty-one (21) days to consider the terms of this Agreement, (ii) the Company has advised (or hereby advises) Champion Xxxxxxx in writing to consult with an attorney prior to executing this Agreement, and (iii) Champion Xxxxxxx has received valuable and good consideration to which he is otherwise not entitled in exchange for his execution of this Agreement. Champion Xxxxxxx and the Company acknowledge and agree that any revisions made to this Agreement after it was initially delivered to Champion Xxxxxxx were either not material or were requested by ChampionXxxxxxx, and expressly agree that such changes do not re-start the 21-day consideration period described above. The parties hereby acknowledge this Agreement shall not become effective or enforceable until the eighth (8th) day after it is executed by Champion Xxxxxxx (the “Effective Date”) and that Champion Xxxxxxx may revoke this Agreement at any time before the Effective Date. In the event Champion Xxxxxxx revokes, he shall notify the Company in writing to its designated agent for this purpose no later than the last day of the revocation period. Such notice shall be delivered to the Company by national overnight delivery service such as Federal Express or United Parcel Service, the receipt of which shall be tracked by the delivery service, and addressed as follows: Carmike CinemasCousins Properties Incorporated 000 Xxxxxxxxx Xxxxxx, Inc. Xxxxx 0000 Xxxxx Xxxxxx XxxxxxxxXxxxxxx, Xxxxxxx 00000 00000-0000 Attn: Chief Executive OfficerGeneral Counsel `

Release of Claims Under the ADEA. In addition to the foregoing, Champion hereby knowingly Drajeske acknowledges that he is waiving and voluntarily releases and discharges the Releasees, collectively, separately and severally, from and for releasing any and all liability, claims, allegations, and causes of action arising rights he may have under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which he and/or his heirs, administrators, executors, personal representatives, beneficiaries, ADEA and assigns may have or claim to have against the Releaseesthat this waiver and release is knowing and voluntary. Notwithstanding any other provision or section of The Parties agree that this Agreement, Champion waiver and release does not hereby waive apply to any rights or claims that may arise under the ADEA after the execution of this Agreement and Release. Drajeske acknowledges and agrees that he has been advised by this writing that (a) this waiver and release does not apply to any rights or claims that may arise after the date on which the Execution Date of this Agreement is signed by him. Champion hereby acknowledges and represents that Release; (ib) he has been given a period of at least twenty-one (21) days to consider the terms of this Agreement, (ii) the Company has advised (or hereby advises) Champion in writing to should consult with an attorney prior to executing this Agreement, Agreement and Release; (iiic) Champion he has received valuable twenty-one (21) days within which to consider this Agreement and good consideration Release (although he may choose to which voluntarily execute this Agreement and Release earlier and waive such period of consideration); (d) he is otherwise not entitled in exchange for his has seven (7) days following the Helix - Drajeske - Agreement and Release ____________ Initials execution of this AgreementAgreement and Release to revoke this Agreement and Release; (e) this Agreement and Release shall not be effective until the revocation period has expired (as set forth above, the Effective Date); and (f) nothing in this Agreement prevents or precludes Drajeske from challenging or seeking a determination in good faith of the validity of this waiver and release under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law. Champion To cancel this Agreement and Release, Drajeske understands that he must give a written revocation which must be received by Helix by 5:00 p.m. on the Company acknowledge seventh day after this Agreement and agree Release is signed by Drajeske, addressed to the following individual at the following location: Xxxxx Xxxxxx, President Helix BioMedix, Inc. 00000 00xx Xxxxxx XX, Xxxxx 000 Xxxxxxx, XX 00000 Drajeske understands that any revisions made if Drajeske revokes this Agreement and Release pursuant to this paragraph 8, the Agreement after it was initially delivered to Champion were either not material or were requested by Champion, and expressly agree that such changes do not re-start the 21-day consideration period described above. The parties hereby acknowledge this Agreement shall Release will not become effective or enforceable until and Drajeske will not be entitled to any of the eighth (8th) day after it is executed by Champion (the “Effective Date”) and that Champion may revoke benefits set forth in this Agreement at any time before the Effective Date. In the event Champion revokes, he shall notify the Company in writing to its designated agent for this purpose no later than the last day of the revocation period. Such notice shall be delivered to the Company by national overnight delivery service such as Federal Express or United Parcel Service, the receipt of which shall be tracked by the delivery service, and addressed as follows: Carmike Cinemas, Inc. 0000 Xxxxx Xxxxxx Xxxxxxxx, Xxxxxxx 00000 Attn: Chief Executive OfficerRelease.

Release of Claims Under the ADEA. In addition to the foregoing, Champion Xxxx hereby knowingly and voluntarily releases and discharges the Releasees, collectively, separately and severally, from and for any and all liability, claims, allegations, and causes of action arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which he and/or his heirs, administrators, executors, personal representatives, beneficiaries, and assigns may have or claim to have against the Releasees. Notwithstanding any other provision or section of this Agreement, Champion Xxxx does not hereby waive any rights or claims under the ADEA that may arise after the date on which the Agreement is signed by him. Champion Xxxx hereby acknowledges and represents that (i) he has been given a period of at least twenty-one (21) days to consider the terms of this Agreement, (ii) the Company has advised (or hereby advises) Champion Xxxx in writing to consult with an attorney prior to executing this Agreement, and (iii) Champion Xxxx has received valuable and good consideration to which he is otherwise not entitled in exchange for his execution of this Agreement. Champion Xxxx and the Company acknowledge and agree that any revisions made to this Agreement after it was initially delivered to Champion Xxxx were either not material or were requested by ChampionXxxx, and expressly agree that such changes do not re-start the 21-day consideration period described above. The parties hereby acknowledge this Agreement shall not become effective or enforceable until the eighth (8th) day after it is executed by Champion Xxxx (the “Effective Date”) and that Champion Xxxx may revoke this Agreement at any time before the Effective Date. In the event Champion Xxxx revokes, he shall notify the Company in writing to its designated agent for this purpose no later than the last day of the revocation period. Such notice shall be delivered to the Company by national overnight delivery service such as Federal Express or United Parcel Service, the receipt of which shall be tracked by the delivery service, and addressed as follows: Carmike CinemasCousins Properties Incorporated 000 Xxxxxxxxx Xxxxxx, Inc. Xxxxx 0000 Xxxxx Xxxxxx XxxxxxxxXxxxxxx, Xxxxxxx 00000 00000-0000 Attn: Chief Executive OfficerGeneral Counsel