Review and Revocation Rights. Executive hereby is advised of the following:
Review and Revocation Rights. The Executive hereby is advised of the following:
(a) The Executive has the right to consult with an attorney before signing this Agreement and is encouraged by the Company to do so;
(b) The Executive has twenty-one (21) days from his receipt of this Agreement to consider it; and
(c) The Executive has seven (7) days after signing this Agreement to revoke this Agreement, and this Agreement will not be effective until that revocation period has expired without exercise. The Executive agrees that in order to exercise his right to revoke this Agreement within such seven (7) day period, he must do so in a signed writing delivered to the Company’s General Counsel before the close of business on the seventh calendar day after he signs this Agreement.
Review and Revocation Rights. (a) Executive acknowledges that he may have twenty-one (21) days from receipt of this Release to review and consider this Release before signing, and that signing the Release shall constitute a waiver of any remaining balance of the twenty-one (21) day waiting period. Executive agrees that any changes to this Release do not restart the running of this twenty-one (21) day period. Executive also acknowledges that he has hereby been advised to consult an attorney about this Release prior to its execution.
(b) Executive further understands that he may revoke this Release within seven (7) days from the date on which this document is executed by Executive and that this Release is not effective or enforceable until such revocation period has expired. Revocation may be made by delivering a written notice of revocation to the Bank as described in Section 10. For this revocation to be effective, such written notice must be received by said individual no later than midnight on the seventh day after Executive signs this Release.
(c) Executive further acknowledges and understands that this Release is not effective or enforceable (and that the above referenced Payments will not commence) until such revocation period has expired. If Executive revokes this Release, this Release shall not be enforceable or effective and Executive will not receive the benefits described in this Release.
Review and Revocation Rights. By signing below, Executive acknowledges that:
a. He has been advised in this writing and encouraged by the Company to consult with an attorney regarding this Agreement; and
b. He has been given at least forty-five (45) days to consider this Agreement before signing.
c. He further has been advised by the Company and understands that he shall have seven (7) days following signing of this Agreement to revoke it, and that the Agreement shall not become effective until the 7-day revocation period has expired without his revocation of it. Executive further understands and acknowledges that to be effective, the revocation must be in writing and delivered to the Company, c/o Sxxxx Xxxxx, Manager, Human Resources, Oxx Xxxx Xxxxx, Xxxxx 000, Xxxxxxxxx, XX 00000, by 5:00 p.m. on or before the seventh (7th) calendar day after Executive signs the Agreement.
d. Executive acknowledges and understands that this Agreement will become effective and enforceable upon the expiration of seven (7) calendar days following the date on which this Agreement is executed by Executive, if not revoked.
e. Executive hereby affirms and acknowledges that, in exchange for his waiver of any age discrimination claim, he has received consideration or value other than the payment of wages or benefits to which he was legally entitled to receive.
Review and Revocation Rights. Because this Agreement includes a waiver and release of your right to file a claim for age discrimination under the Federal Age Discrimination In Employment Act ("ADEA"), you understand and acknowledge that you have up to twenty-one (21) days to decide whether to sign this Agreement and that you should consult with an attorney. In addition, you understand that within seven (7) days after signing this Agreement, you may revoke in writing your waiver and release of any claim under the ADEA, but not any other Released Claims you have waived or released by either delivering a written notice of revocation to Ms. J. Xxxxx Xxxxxx, Vice President, Human Resources at 000 Xxxx Xxxxxx, Kahalui Hawaii 96733, or by mailing the notice to such individual at X.X. Xxx 000, Xxxxxxx, Xxxxxx 00000 on or before the end of the seven (7) day revocation period provided. If the written notice is given by mail it will be deemed timely if the mailing is properly addressed, is post marked no later than the seventh day of the revocation period and is sent by United States Mail, certified mail, return receipt requested, to Ms. J. Xxxxx Xxxxxx at the address shown above. If the seventh day falls on a Saturday, Sunday or holiday, the next regular business day will be considered the seventh day. If you elect in a timely manner to revoke the release of any federal ADEA claim, your release will still remain in effect for all other Released Claims but the Additional Separation Benefits described in paragraph 2.b above shall be reduced by twenty-five percent (25%) of their value. You and MLP understand and agree that unless otherwise agreed in another writing signed by and MLP, the terms of this agreement and any payments or benefits provided for hereunder will not be effective or due until the later of the separation of your employment with MLP or the expiration of the seven (7) day revocation period described above. If you execute and deliver this Agreement but then timely revoke your release of any federal age discrimination claim, this Agreement and release of all other Released Claims will remain in full force and effect as modified above.
Review and Revocation Rights. By signing below, you acknowledge that:
(a) You have been advised by the Corporation to consult with an attorney prior to executing this Agreement. You have requested and received from the Corporation any information that you need in order to make a knowing and voluntary release of all Claims;
(b) You understand that you can take up to 21 days to consider this Release. To the extent you have signed this Release prior to the expiration of the 21 days, you hereby waive your right to the balance of such period of consideration and acknowledge and represent that your waiver of such period is knowing and voluntary and has not been induced by the Corporation; and
(c) You understand that you have seven days following signing of this Agreement to revoke it, and that the Agreement will not become effective until the seven-day revocation period has expired without your revocation of this Agreement. You further understand and acknowledge that to be effective, any revocation must be in writing and either personally delivered to the Corporation, care of Xxxx X. Xxxxx, Senior Vice President, Human Resources or sent by certified mail, return receipt requested to Xx. Xxxx X. Lucas at 0000 Xxxxxxxxx Xxxxx, Xxxxxxxx, Xxxxxxxx 00000, by 5:00 p.m., Bethesda, Maryland time, on or before the seventh calendar day after you sign this Agreement. By signing below, you acknowledge that you have read the terms of this Agreement, fully understand the terms and their effect, are voluntarily agreeing to those terms of your own free will, and intend to be legally bound. Please return this Agreement to me by no later than February 16, 2012. Sincerely, /s/ Xxxx X. Xxxxx Xxxx X. Xxxxx Agreed to: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Date: January 26, 2012 EXECUTION VERSION
Review and Revocation Rights. Executive is hereby advised to consult with counsel before executing this Agreement. Executive hereby acknowledges and understands that Executive has the right to consider this Agreement, including the general release contained in this Section 2, for a period of twenty-one (21) days prior to execution. Changes made to this Agreement, whether material or immaterial, will not restart the running of the aforementioned twenty-one day period. Executive further acknowledges and understands that for seven (7) days following Executive’s execution of this Agreement, Executive may revoke this Agreement by providing written notice to the Company at the address provided below in Section 4(h) within this seven-day revocation period. This Agreement shall not become effective or enforceable until the seven (7) day revocation period has expired without revocation (such date, the “Effective Date”). Executive represents and acknowledges that Executive has read this Agreement, understands its terms and has entered into this Agreement freely and voluntarily. This Agreement shall not be deemed void or voidable by claims of duress, deception, mistake of fact, or otherwise. Nor shall the principle of construction that all ambiguities are to be construed against the drafter be employed in the interpretation of this Agreement. Rather, it is agreed that this Agreement should not be construed for or against any party.
Review and Revocation Rights. Executive hereby is advised of the following:
(a) Executive has the right to consult with an attorney before signing this Release and is encouraged by the Company to do so;
(b) Executive has twenty-one (21) days from his receipt of this Release to consider it, although Executive may sign and return the Release at any earlier time, in which case Executive waives all rights to the balance of this twenty-one (21) day review period; and
(c) Executive has seven (7) days after signing this Release to revoke this Release, and this Release will not be effective until that revocation period has expired without revocation. Executive agrees that in order to exercise his right to revoke this Release within such seven (7) day period, he must do so in a signed writing delivered to the Board of Directors of the Company (“Board”) before the close of business on the seventh calendar day after he signs this Release.
(d) Nothing in this Release prevents or precludes Executive from challenging or seeking a determination in good faith of the validity 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.
Review and Revocation Rights. Executive represents and agrees that the Company has provided him with at least twenty-one (21) days to consider this Release Agreement, and negotiate its terms, before signing, and has encouraged Executive, and hereby does encourage Executive in writing, to consult an attorney regarding this Release Agreement before signing it. Executive fully understands his right to consult an attorney regarding his rights and obligations hereunder, including his waiver of all claims. Executive may revoke this Release Agreement by notifying Xxxxx Xxxxxxx, Director of Human Resources, SurgiQuest, Inc., 000 Xxxxxx Xxxx, Xxxxxxx, XX 00000 or by e-mail (XXxxxxxx@xxxxxxxxxx.xxx) of his desire to do so in writing and received by Xx. Xxxxxxx no later than the close of business on the seventh day after Executive has signed below. This Release Agreement shall not take effect until the eighth day after Executive’s execution and delivery of same, and then only if he has not exercised his right of revocation. In the event Executive timely revokes his acceptance of this Release Agreement, it shall not become effective and he shall receive none of the severance benefits provided for hereunder.
Review and Revocation Rights. By signing this Agreement, Pxxxxxx acknowledges and agrees that:
a) Pxxxxxx has read and understands this Agreement.
b) The Company advised Pxxxxxx to consult with an attorney of his own choosing regarding the terms and meaning of this Agreement prior to executing this Agreement, and Pxxxxxx did so to the extent he deemed appropriate. Pxxxxxx acknowledges that this Agreement was negotiated on his behalf by an attorney of his choosing, Jxxxxxxx Xxxx.
c) Pxxxxxx’x complete release of claims in Section 3(a) and covenant not to pursue released claims in Section 4(a) of this Agreement are knowing and voluntary and in compliance with the OWBPA.
d) The consideration offered by the Company in exchange for Pxxxxxx’x signing this Agreement represents valuable and sufficient consideration that Pxxxxxx would not otherwise be eligible to receive. Pxxxxxx acknowledges and agrees that the complete release of claims contained in Section 3(a) and the covenant not to pursue released claims contained in Section 4(a) are essential material terms of this Agreement.
