Right of Revocation. In compliance with the Older Workers Benefit Protection Act (P.L. 101433), Employee does hereby acknowledge and agree as follows: (a) That this Agreement does not purport to waive rights or claims that may arise from acts or events occurring after the date that this Agreement is executed by the parties; (b) That this Agreement specifically applies to any rights or claims Employee may have against the Company under the federal Age Discrimination in Employment Act of 1967, as amended; (c) That the consideration provided for in this Agreement is in addition to that to which Employee is already entitled; (d) That this Agreement shall be revocable by Employee for a seven (7) day period following execution of this Agreement by Employee. Accordingly, this Agreement shall not become effective or enforceable until the expiration of the seven (7) day revocation period (“Effective Date”); and (e) That Employee, having carefully read this Agreement and knowing the contents hereof, freely and voluntarily consents to all the terms and conditions herein, understands the final and binding effect of this Agreement, has been advised of Employee’s right to and has been given a chance to consult with and review this Agreement with an attorney of Employee’s choice prior to signing this Agreement, and has been given a period of twenty-one (21) days within which to consider whether to sign this Agreement. In the event that Employee chooses to waive this twenty-one (21) day period, Employee acknowledges that Employee was given a reasonable period of time within which to consider this Agreement and that Employee’s waiver was made freely and voluntarily and without duress or any coercion by any other person, including anyone at the Company or the Company Releasees.
Appears in 2 contracts
Samples: Separation Agreement (Frederick's of Hollywood Group Inc /Ny/), Transition Services, Separation Agreement and General Release (Frederick's of Hollywood Group Inc /Ny/)
Right of Revocation. In compliance with This Agreement is intended to satisfy the requirements of the Older Workers Workers’ Benefit Protection Act (P.L. 101433the “OWBPA”). The following general provisions, Employee does hereby acknowledge and agree as followsalong with the other provisions of this Agreement, are agreed to for this purpose:
(a) That It is understood and agreed that Executive has entered into and executed this Agreement does voluntarily and that such execution by Executive is not purport to waive rights based upon any representations or claims that may arise from acts or events occurring after the date that this Agreement is executed promises of any kind made by the parties;Company or any of its representatives except as expressly recited in this Agreement.
(b) That Executive further acknowledges that he has read and fully understands each paragraph of this Agreement specifically applies to any rights or claims Employee may have against Agreement, that he was advised in writing by the Company under to consult with an attorney prior to executing this Agreement, and that he has availed himself of legal or other counsel to the federal Age Discrimination in Employment Act of 1967, as amended;full extent that he desires.
(c) That Executive also acknowledges that he was advised in writing by the consideration provided for in this Agreement is in addition Company that he could take up to that to which Employee is already entitled;
(d) That this Agreement shall be revocable by Employee for a seven (7) day period following execution of this Agreement by Employee. Accordingly, this Agreement shall not become effective or enforceable until the expiration of the seven (7) day revocation period (“Effective Date”); and
(e) That Employee, having carefully read this Agreement and knowing the contents hereof, freely and voluntarily consents to all the terms and conditions herein, understands the final and binding effect of this Agreement, has been advised of Employee’s right to and has been given a chance to consult with and review this Agreement with an attorney of Employee’s choice prior to signing this Agreement, and has been given a period of twenty-one (21) days within which to consider whether to and sign this Agreement. In the event that Employee chooses to waive this twenty-one (21) day period, Employee acknowledges that Employee was given a reasonable period of time within which to consider this Agreement and that Employee’s waiver was made freely he has considered this Agreement to the full extent that he desires. Finally, the Executive agrees and voluntarily and without duress or any coercion by acknowledges that the consideration provided under Section 3 is in addition to any other personpayments, including anyone at benefits or other things of value to which he is entitled and that he would not be entitled to any of the Company consideration provided under Section 3 in the absence of his execution and acceptance of this Agreement.
(d) Executive shall have seven (7) days following his execution of this Agreement within which to exercise a right of revocation of the release granted in Section 4(a) to the extent (and only to the extent) such release relates to claims and causes of action arising under the OWBPA (if any, the “OWBPA Claims”), and this Agreement will not be enforceable or effective with respect to such release of the Company ReleaseesOWBPA Claims until the expiration of such seven-day period. Any such revocation must be communicated in writing and delivered in person or by fax to BNC Insurance Services, Inc., c/o BNCCORP, Inc., 0000 Xxxx Xxxxx Xxxx Xxxx, Xxxxxxx, Xxxxxxx 00000, Fax no. (000) 000-0000, Attn: Xxxxxxx Xxxxxxxxx, not later than the close of business on the seventh (7th) day following Executive’s execution of this Agreement. Otherwise, such revocation shall be of no force or effect. Notwithstanding Executive’s revocation of the release of the OWPBA Claims pursuant to this Section 5(d), this Agreement shall otherwise remain in full force and effect, enforceable in accordance with its terms, unless and until terminated pursuant to Section 10 below.
Appears in 1 contract
Right of Revocation. In compliance with the Older Workers Benefit Protection Act (P.L. 101433), Employee Executive does hereby acknowledge and agree as follows:
(a) That this Agreement does not purport to waive rights or claims that may arise from acts or events occurring after the date that this Agreement is executed by the parties;
(b) That this Agreement specifically applies to any rights or claims Employee Executive may have against the Company Corporation under the federal Age Discrimination in Employment Act of 1967, as amended;
(c) That the consideration provided for in this Agreement is in addition to that any consideration to which Employee Executive is already entitled;
(d) That this Agreement shall be revocable by Employee Executive for a seven (7) -day period following execution of this Agreement by EmployeeExecutive. Accordingly, this Agreement shall not become effective or enforceable until the expiration of the seven (7) -day revocation period (“Effective Date”); and
(e) That EmployeeExecutive, having carefully read this Agreement and knowing the contents hereof, freely and voluntarily consents to all the terms and conditions herein, understands the final and binding effect of this Agreement, has been advised of EmployeeExecutive’s right to and has been given a chance to consult with and review this Agreement with an attorney of EmployeeExecutive’s choice prior to signing this Agreement, and has been given a period of twenty-one (21) 21 days within which to consider whether to sign this Agreement. In the event that Employee Executive chooses to waive this twenty-one (21) 21 day period, Employee Executive acknowledges that Employee Executive was given a reasonable period of time within which to consider this Agreement and that EmployeeExecutive’s waiver was made freely and voluntarily and without duress or any coercion by any other person, including anyone at the Company Corporation or the Company Corporation Releasees.
Appears in 1 contract
Right of Revocation. In compliance This Agreement is intended to satisfy the requirements of the Older Workers’ Benefit Protection Act, 29 U.S.C. sec 626(f). The following general provisions, along with the Older Workers Benefit Protection Act (P.L. 101433), Employee does hereby acknowledge and agree as follows:
(a) That this Agreement does not purport to waive rights or claims that may arise from acts or events occurring after the date that this Agreement is executed by the parties;
(b) That this Agreement specifically applies to any rights or claims Employee may have against the Company under the federal Age Discrimination in Employment Act of 1967, as amended;
(c) That the consideration provided for in this Agreement is in addition to that to which Employee is already entitled;
(d) That this Agreement shall be revocable by Employee for a seven (7) day period following execution of this Agreement by Employee. Accordingly, this Agreement shall not become effective or enforceable until the expiration of the seven (7) day revocation period (“Effective Date”); and
(e) That Employee, having carefully read this Agreement and knowing the contents hereof, freely and voluntarily consents to all the terms and conditions herein, understands the final and binding effect other provisions of this Agreement, are agreed to for this purpose:
(i) It is understood and agreed that Employee has been entered into and executed this Agreement voluntarily and that such execution by Employee is not based upon any representations or promises of any kind made by Bank, Parent or any of their representatives, except as expressly recited in this Agreement.
(ii) Employee further acknowledges that he has read and fully understands each paragraph of this Agreement, that he was advised of Employee’s right to in writing by Bank and has been given a chance Parent to consult with and review this Agreement with an attorney of Employee’s choice prior to signing executing this Agreement, and that he has been given a period availed himself of legal or other counsel to the full extent that he desires.
(iii) Employee also acknowledges that he was advised in writing by Bank and Parent that he could take up to twenty-one (21) days within which to consider whether to and sign this Agreement. In the event that Employee chooses to waive this twenty-one (21) day period, Employee acknowledges that Employee was given a reasonable period of time within which to consider this Agreement and that he has considered this Agreement to the full extent that he desires. Finally, Exxxxxxx agrees and acknowledges that the consideration provided under Section 2(b) is in addition to any other payments, benefits or other things of value to which he is entitled and that he would not be entitled to any of the consideration provided under Section 2(b) in the absence of his execution and acceptance of this Agreement.
(iv) Employee shall have seven (7) days following his execution of this Agreement within which to exercise a right of revocation, and this Agreement will not be enforceable or effective until the expiration of such seven-day period. Any such revocation of this Agreement must be communicated in writing and delivered in person or by fax to Bank and Parent, as specified in Section 9(b), not later than close of business on the seventh day following Employee’s waiver was made freely and voluntarily and without duress execution of this Agreement. Otherwise, such revocation shall be of no force or any coercion by any other person, including anyone at the Company or the Company Releaseeseffect.
Appears in 1 contract
Samples: Separation Agreement (ServisFirst Bancshares, Inc.)
Right of Revocation. In compliance with the Older Workers Benefit Protection Act (P.L. 101433), Employee Executive does hereby acknowledge and agree as follows:
(a) That this Agreement Supplemental Release does not purport to waive rights or claims that may arise from acts or events occurring after the date that this Agreement Supplemental Release is executed by the parties;
(b) That this Agreement Supplemental Release specifically applies to any rights or claims Employee Executive may have against the Company Corporation under the federal Age Discrimination in Employment Act of 1967, as amended;
(c) That the consideration provided for in this Agreement Supplemental Release is in addition to that any consideration to which Employee Executive is already entitled;
(d) That this Agreement Supplemental Release shall be revocable by Employee Executive for a seven (7) -day period following execution of this Agreement Supplemental Release by EmployeeExecutive. Accordingly, this Agreement Supplemental Release shall not become effective or enforceable until the expiration of the seven (7) -day revocation period (“Effective Date”); and
(e) That EmployeeExecutive, having carefully read this Agreement Supplemental Release and knowing the contents hereof, freely and voluntarily consents to all the terms and conditions herein, understands the final and binding effect of this AgreementSupplemental Release, has been advised of EmployeeExecutive’s right to and has been given a chance to consult with and review this Agreement Supplemental Release with an attorney of EmployeeExecutive’s choice prior to signing this AgreementSupplemental Release, and has been given a period of twenty-one (21) 21 days within which to consider whether to sign this AgreementSupplemental Release. In the event that Employee Executive chooses to waive this twenty-one (21) 21 day period, Employee Executive acknowledges that Employee Executive was given a reasonable period of time within which to consider this Agreement Supplemental Release and that EmployeeExecutive’s waiver was made freely and voluntarily and without duress or any coercion by any other person, including anyone at the Company Corporation or the Company Corporation Releasees.
Appears in 1 contract
Right of Revocation. In compliance with the Older Workers Benefit Protection Act (P.L. 101433), Employee Executive does hereby acknowledge and agree as follows:
(a) That this Agreement Release does not purport to waive rights or claims that may arise from acts or events occurring after the date that this Agreement Release is executed by the parties;
(b) That this Agreement Release specifically applies to any rights or claims Employee Executive may have against the Company under the federal Age Discrimination in Employment Act of 1967, as amended;
(c) That the consideration provided for in this the Letter Agreement is in addition to that any consideration to which Employee Executive is already entitled;
(d) That this Agreement Release shall be revocable by Employee Executive for a seven (7) -day period following execution of this Agreement Release by EmployeeExecutive. Accordingly, this Agreement Release shall not become effective or enforceable until the expiration of the seven (7) -day revocation period (“Effective Date”); and
(e) That EmployeeExecutive, having carefully read this Agreement Release and knowing the contents hereof, freely and voluntarily consents to all the terms and conditions herein, understands the final and binding effect of this AgreementRelease, has been advised of EmployeeExecutive’s right to and has been given a chance to consult with and review this Agreement Release with an attorney of EmployeeExecutive’s choice prior to signing this AgreementRelease, and has been given a period of twenty-one (21) 21 days within which to consider whether to sign this AgreementRelease. In the event that Employee Executive chooses to waive this twenty-one (21) 21 day period, Employee Executive acknowledges that Employee Executive was given a reasonable period of time within which to consider this Agreement Release and that EmployeeExecutive’s waiver was made freely and voluntarily and without duress or any coercion by any other person, including anyone at the Company or the Company ReleaseesReleased Parties.
Appears in 1 contract
Right of Revocation. In compliance with Employee has the Older Workers Benefit Protection Act (P.L. 101433), Employee does hereby acknowledge and agree as follows:
(a) That right to revoke this Separation Agreement does not purport to waive rights or claims that may arise from acts or events occurring after the date that this Agreement is executed by the parties;
(b) That this Agreement specifically applies to any rights or claims Employee may have against the Company under the federal Age Discrimination in Employment Act of 1967, as amended;
(c) That the consideration provided for in this Agreement is in addition to that to which Employee is already entitled;
(d) That this Agreement shall be revocable by Employee for a within seven (7) day period following days after Employee’s execution of this Separation Agreement by Employeegiving notice in writing of such revocation to Xxxxxx Xxxxxx, Director and Chairman of the Compensation Committee of Solitron Devices, Inc., c/o ES Components, 000 Xxxxxx Xxxxxxxx Road, Sterling, MA 01564, Fax: 000-000-0000. AccordinglyAs such, this Agreement no payments or deliveries to Employee shall not become effective or enforceable be made until the expiration of the seven eighth (78th) day revocation period following Employee’s signing of this Separation Agreement (the “Effective Date”); and
(e) That Employee, having carefully read this Agreement and knowing the contents hereof, freely and voluntarily consents to all the terms and conditions herein, understands the final and binding effect of this Agreement, has been advised of Employee’s right to and has been given a chance to consult with and review this Agreement with an attorney of Employee’s choice prior to signing this Agreement, and has been given a period of twenty-one (21) days within which to consider whether to sign this Agreement. In the event that Employee chooses revokes this Separation Agreement, this Separation Agreement, and the promises and obligations contained therein, shall automatically and retroactively be deemed null and void and the Employer and Employee’s rights, remedies, offices, positions and obligations to waive each other shall be reinstated as if this twenty-one (21Separation Agreement and any related documents thereto had never been executed or delivered including, without limitation, that Employer will not be obligated to pay Employee the Separation Payment, Vacation Payment and Additional Consideration under Section 2(a) day period, of this Separation Agreement. Employee acknowledges and understands that Employee was given a reasonable period Escrow Agent is not obligated to deliver any amount due under Section 2(a) of time within which to consider this Separation Agreement and that Employee’s waiver was made freely and voluntarily and without duress or any coercion by any other person, including anyone at until the Company or the Company ReleaseesEffective Date.
Appears in 1 contract
Samples: Separation and General Release Agreement (Solitron Devices Inc)
Right of Revocation. In compliance with the Older Workers Benefit Protection Act (P.L. 101433), Employee Executive does hereby acknowledge and agree as follows:
(a) That this Agreement does not purport to waive rights or claims that may arise from acts or events occurring after the date that this Agreement is executed by the parties;
(b) That this Agreement specifically applies to any rights or claims Employee Executive may have against the Company under the federal Age Discrimination in Employment Act of 1967, as amended;
(c) That the consideration provided for in this Agreement is in addition to that to which Employee Executive is already entitled;
(d) That this Agreement shall be revocable by Employee Executive for a seven (7) day 7)-day period following execution of this Agreement by EmployeeExecutive. Accordingly, this Agreement shall not become effective or enforceable until the expiration of the seven (7) day 7)-day revocation period (“"Effective Date”"); and
(e) That EmployeeExecutive, having carefully read this Agreement and knowing the contents hereof, freely and voluntarily consents to all the terms and conditions herein, understands the final and binding effect of this Agreement, has been advised of Employee’s his right to and has been given a chance to consult with and review this Agreement with an attorney of Employee’s his choice prior to signing this Agreement, and has been given a period of twenty-one (21) days within which to consider whether to sign this Agreement. In the event that Employee Executive chooses to waive this twenty-one (21) day period, Employee he acknowledges that Employee he was given a reasonable period of time within which to consider this Agreement and that Employee’s his waiver was made freely and voluntarily and without duress or any coercion by any other person, including anyone at the Company or the Company Releasees.
Appears in 1 contract
Samples: Retirement Agreement (Cytrx Corp)
Right of Revocation. In compliance with the Older Workers Benefit Protection Act (P.L. 101433), Employee Executive does hereby acknowledge and agree as follows:
(a) That this Agreement does not purport to waive rights or claims that may arise from acts or events occurring after the date that this Agreement is executed by the parties;
(b) That this Agreement specifically applies to any rights or claims Employee Executive may have against the Company Corporation under the federal Age Discrimination in Employment Act of 1967, as amended;
(c) That the consideration provided for in this Agreement is in addition to that to which Employee Executive is already entitled;
(d) That this Agreement shall be revocable by Employee Executive for a seven (7) -day period following execution of this Agreement by EmployeeExecutive. Accordingly, this Agreement shall not become effective or enforceable until the expiration of the seven (7) -day revocation period (“Effective Date”); and
(e) That EmployeeExecutive, having carefully read this Agreement and knowing the contents hereof, freely and voluntarily consents to all the terms and conditions herein, understands the final and binding effect of this Agreement, has been advised of EmployeeExecutive’s right to and has been given a chance to consult with and review this Agreement with an attorney of EmployeeExecutive’s choice prior to signing this Agreement, and has been given a period of twenty-one (21) 21 days within which to consider whether to sign this Agreement. In the event that Employee Executive chooses to waive this twenty-one (21) 21 day period, Employee Executive acknowledges that Employee Executive was given a reasonable period of time within which to consider this Agreement and that EmployeeExecutive’s waiver was made freely and voluntarily and without duress or any coercion by any other person, including anyone at the Company Corporation or the Company Corporation Releasees.
Appears in 1 contract