Release of Claims Under the Age Discrimination in Employment Act. “ADEA”) and Older Workers Benefit Protection Act (“OWBPA”). EMPLOYEE UNDERSTANDS THAT HE MAY TAKE UP TO FORTY-FIVE (45) DAYS TO CONSIDER WHETHER OR NOT HE DESIRES TO ENTER INTO THIS AGREEMENT. Employee understands that the consideration he receives for this Agreement is in addition to that to which he was already entitled. Employee represents and warrants that he was not coerced, threatened or otherwise forced to sign this Agreement, and that his signature appearing hereinafter is genuine. Employee further represents and acknowledges that, in executing this Agreement, he does not rely and has not relied upon any representation or statement made by any of the Company’s agents, representatives, or attorneys with regard to the subject matter, basis, or effect of this Agreement, other than the written representations contained herein. Employee is advised to seek his own counsel regarding executing this Agreement. Employee understands that he may revoke this Agreement by notifying __________________, counsel for the Company, at the address of _____________________________, in writing of such revocation within seven (7) days of his execution and delivery of this Agreement to the Company by delivery to [counsel for the Company] and that this Agreement is not enforceable until the expiration of such seven (7) day period. Employee understands that upon the expiration of such seven (7) day period, this Agreement will be binding upon him and his heirs, administrators, representatives, executors, successors and assigns and will be irrevocable. Employee understands that by signing this Agreement, he is giving up rights that he may have under the ADEA and the OWBPA as of the Effective Date of this Agreement as defined below and that he does not have to sign this Agreement.
Release of Claims Under the Age Discrimination in Employment Act. EMPLOYEE SPECIFICALLY WAIVES ALL OF EMPLOYEE’S RIGHTS AND CLAIMS ARISING UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967 (29 U.S.C. §§ 621, et seq.), AS AMENDED, AND THE OLDER WORKERS BENEFIT PROTECTION ACT, AS AMENDED. In connection with this waiver, Employee acknowledges and agrees to the following:
(a) Employee is not waiving any rights or claims under the Age Discrimination in Employment Act of 1967, as amended, that may arise after this Agreement is executed, or any rights or claims to test the knowing and voluntary nature of this Agreement under the Older Workers Benefit Protection Act, as amended.
(b) Employee acknowledges that Employee has expressly waived ADEA rights or Claims pursuant to this Agreement in exchange for consideration, the value of which exceeds payment or remuneration to which Employee already was entitled.
(c) Employee acknowledges that Employee has been advised by Lowe’s to consult with an attorney of Employee’s choosing concerning this release prior to executing it, and Employee has had ample opportunity to do so.
(d) Employee understands that Employee is being provided with a period of 21 days to consider the terms of this release. In the event Employee decides to execute this Agreement in fewer than 21 days (but nevertheless on or after the Termination Date), Employee has done so with the express understanding that Employee has been given and declined the opportunity to consider this release for 21 days. Employee acknowledges that Employee’s decision to sign the Agreement in fewer than 21 days 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.
(e) Employee further understands that Employee may revoke his release of claims under the ADEA at any time during the 7 days following the date of execution of this Agreement. Notice shall be provided to the Chief Legal Officer of Xxxx’x Companies, Inc. by facsimile and certified mail, return receipt requested, to Xxxx’x Companies, Inc., 0000 Xxxx’x Xxxxxxxxx, Mooresville, NC 28117, facsimile number 704.757.0661. Employee has read carefully and fully understands all of the provisions and effects of this Agreement, and Employee knowingly and voluntarily chooses to enter into all of the terms set forth in this Agreement.
(f) Employee knowingly and voluntarily intends to be legally bound by all of the terms set forth in this Agreement.
(g) Employee has relied solely and complet...
Release of Claims Under the Age Discrimination in Employment Act. Employee knowingly, voluntarily, irrevocably (except within seven days of his execution hereof) and unconditionally releases and forever discharges, to the full extent permitted by law, the Employer Parties of and from any and all claims, known and unknown, asserted and unasserted, that Employee has or may have against the Employer Parties as of the date of execution of this Agreement and General Release, under the Age Discrimination in Employment Act as amended.
Release of Claims Under the Age Discrimination in Employment Act. You hereby affirm and acknowledge that you have read the entirety of this General Release, that its provisions are written in language you understand, and, in fact, that you do understand their meaning and effect. You represent that you are entering into the release freely and voluntarily, in exchange for valuable and sufficient consideration to which you are not otherwise entitled. You further acknowledge and affirm your understanding that, to the extent applicable to you, this release specifically refers to rights or claims arising under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., and that such release does not extend to claims arising after the date of execution. You also acknowledge that you have been advised you may take up to twenty-one (21) days to consider whether to enter into this agreement and to consult with an attorney before signing this release.
Release of Claims Under the Age Discrimination in Employment Act. You specifically agree that the release and waiver set forth in Paragraph 1 of Part III of this Agreement (Release of All Claims) includes any and all rights or claims against the Company under the Age Discrimination in Employment Act, as amended (ADEA), 29 U.S.C. § 621, et seq., that arose on or before the execution of this Agreement. In consideration of this waiver of rights and claims under the ADEA, You acknowledge that You have accepted the Additional Consideration set forth in Part III of this Agreement. This Additional Consideration is over and above those amounts to which You are otherwise entitled under the Company’s policies. You acknowledge that prior to signing this Agreement, You were given a copy of this Agreement as a written directive from the Company advising You to consult an attorney before signing it and advising You that You have forty-five (45) days in which to consider signing this Agreement. You further acknowledge that You were informed by the Company that You will not be entitled to receive any retention bonus payments under the Retention Agreement if You fail to execute this Agreement within the forty-five (45) day period described in the preceding sentence.
Release of Claims Under the Age Discrimination in Employment Act. Xx. Xxxxxxxxxx understands that by signing this Agreement, he is releasing Company from all claims, whether known or unknown, that he may have under the Age Discrimination in Employment Act of 1967. Xx. Xxxxxxxxxx also acknowledges that a portion of the Severance Benefits are specifically allocable to the waiver and release of any such claims and that the Severance Benefits constitute money to which Xx. Xxxxxxxxxx was not otherwise entitled.
Release of Claims Under the Age Discrimination in Employment Act. Without limiting the generality of the foregoing, Employee agrees that by executing this Release, he or she has released and waived any and all Claims he or she has or may have as of the date of this Release under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., and all other federal, state, and local laws regarding age discrimination and other forms of discrimination or harassment. Employee acknowledges and agrees that he or she has been, and hereby is, advised by Superior to consult with an attorney prior to executing this Release; that Employee has carefully read this
