Common use of Rights Under the Older Workers Benefit Protection Act Clause in Contracts

Rights Under the Older Workers Benefit Protection Act. Executive agrees and expressly acknowledges that this Release includes a waiver and release of all claims which he has or may have under the Older Worker’s Benefit Protection Act and the ADEA. The following terms and conditions apply to and are part of the waiver and release of the Older Worker’s Benefit Protection Act claims and ADEA claims under this Release: (a) This paragraph, and this Release are written in a manner calculated to be understood by Executive. (b) The waiver and release of claims under the ADEA contained in this Release does not cover rights or claims that may arise after the date on which he signs this Release. (c) The Employment Agreement provides for consideration in exchange for this release in addition to anything of value to which Executive is already entitled. (d) Executive has been advised to consult an attorney before signing this Release and the Employment Agreement. (e) Executive has been granted not less than twenty-one (21) days (or forty-five (45) days in the event of an exit incentive or other employment termination program) after Executive is presented with this Release and the Effective Date of Termination (as defined in the Employment Agreement) to decide whether or not to sign this Release. If Executive executes this Release prior to the expiration of such period, Executive does so voluntarily and after having had the opportunity to consult with an attorney, and hereby waives the remainder of the twenty-one (21) day period (or forty-five (45) day period, if applicable). (f) Executive has the right to revoke this Release within seven (7) days of signing this Release. In the event this Release is revoked, Executive understands that this Release will be null and void, and he will not be entitled to any compensation or benefits under the Employment Agreement which are expressly conditioned upon the execution and non-revocation of this Release. If Executive wishes to revoke this Release, Executive shall deliver written notice stating his intent to revoke this Release to the Chairman of the Board of Directors, at the offices of the Company on or before 5:00 p.m. on the seventh (7th) day after the date on which he signs this Release.

Appears in 6 contracts

Samples: Employment Agreement (Medicis Pharmaceutical Corp), Employment Agreement (Medicis Pharmaceutical Corp), Employment Agreement (Medicis Pharmaceutical Corp)

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Rights Under the Older Workers Benefit Protection Act. Executive agrees and expressly acknowledges that this Release includes a waiver and release of all claims which he Executive has or may have under the Older Worker’s Benefit Protection Act and the ADEA. The following terms and conditions apply to and are part of the waiver and release of the Older Worker’s Benefit Protection Act claims and ADEA claims under this Release: (a) This paragraph, and this Release are written in a manner calculated to be understood by Executive. (b) The waiver and release of claims under the ADEA contained in this Release does not cover rights or claims that may arise after the date on which he Executive signs this Release. (c) The Severance Benefits (as defined in the Employment Agreement provides Agreement) provide for consideration in exchange for this release in addition to anything of value to which Executive is already entitled. (d) Executive has been advised to consult an attorney before signing this Release and the Employment Agreement. (e) Executive has been granted not less than twenty-one (21) days (or forty-five (45) days in the event of an exit incentive or other employment termination program) after Executive is presented with this Release and the Effective Date of Termination (as defined in the Employment Agreement) to decide whether or not to sign this Release. If Executive executes this Release prior to the expiration of such period, Executive does so voluntarily and after having had the opportunity to consult with an attorney, and hereby waives the remainder of the twenty-one (21) day period (or forty-five (45) day period, if applicable). (f) Executive has the right to revoke this Release within seven (7) days of signing this Release. In the event this Release is revoked, Executive understands that this Release will be null and void, and he Executive will not be entitled to any compensation or benefits under the Employment Agreement Severance Benefits which are expressly conditioned upon the execution and non-revocation of this Release. If Executive wishes to revoke this Release, Executive shall deliver written notice stating his Executive’s intent to revoke this Release to the Chairman of the Board of Directors, at the offices of the Company Company, on or before 5:00 p.m. on the seventh (7th) day after the date on which he Executive signs this Release.

Appears in 2 contracts

Samples: Employment Agreement (Peplin Inc), Employment Agreement (Peplin Inc)

Rights Under the Older Workers Benefit Protection Act. Executive agrees THIS AGREEMENT SPECIFICALLY WAIVES ALL OF XXXXXXXX’X RIGHTS AND CLAIMS ARISING UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT, AS AMENDED, THE OLDER WORKERS’ BENEFIT PROTECTION ACT, AS AMENDED, AND IN CONNECTION WITH THIS WAIVER, XXXXXXXX ACKNOWLEDGES AND AGREES TO THE FOLLOWING: a. This Agreement refers to and expressly acknowledges that this Release includes a waiver and release of all releases rights and/or claims which he has or may have arising under the Older Worker’s Benefit Protection Age Discrimination in Employment Act and the ADEA. The following terms and conditions apply to and are part of the waiver and release of the Older Worker’s Workers Benefit Protection Act claims and ADEA claims under this Release:Act; (a) b. This paragraph, and this Release are Agreement is written in a manner calculated to be understood by Executive.Xxxxxxxx and Xxxxxxxx has carefully read and fully understands the terms, conditions, and effect of this Agreement; (b) The waiver and release of claims under the ADEA contained in this Release x. Xxxxxxxx does not cover waive rights or claims that may arise after the date on which he signs this Release.Agreement is executed; (c) The x. Xxxxxxxx waives rights and claims under the Age Discrimination in Employment Agreement provides for consideration Act only in exchange for this release consideration in addition to anything of value to which Executive she is already entitled.; (d) Executive has been x. Xxxxxxxx is encouraged and advised in writing to consult with an attorney before signing prior to executing this Release and the Employment Agreement.; (e) Executive x. Xxxxxxxx has been granted not less than twenty-one (21) days (or forty-five (45) days following her termination of employment on June 30, 2017 in the event of an exit incentive or other employment termination program) after Executive is presented with which to consider, and to request changes to, this Release Agreement before accepting it, and the Effective Date of Termination (as defined in the Employment Agreement) to decide whether or not to sign if Xxxxxxxx signs this Release. If Executive executes this Release Agreement prior to the expiration end of such the 21-day time period, Executive does so she knowingly and voluntarily and after having had the opportunity elected to consult with an attorney, and hereby waives the remainder do so; x. Xxxxxxxx fully understands that she may revoke her acceptance of the twenty-one (21) day period (or forty-five (45) day period, if applicable). (f) Executive has the right to revoke this Release Agreement at any time within seven (7) days of signing this Release. In the event this Release is revoked, Executive understands that this Release will be null and voiddate on which she signed the Agreement, and he will this Agreement shall not be entitled to any compensation become effective or benefits under enforceable until the Employment Agreement which are expressly conditioned upon the execution and nonseven-day revocation of this Releaseperiod has expired. If Executive Xxxxxxxx wishes to revoke this ReleaseAgreement during the seven-day revocation period, Executive she shall deliver do so by sending a written notice stating his intent stating, “I hereby revoke my acceptance of our Separation Agreement,” to Xxxxxxxx X. Xxxxxxxxx, Senior Vice President, General Counsel and Secretary, Marathon Oil Corporation, 0000 Xxx Xxxxxx Xxxxxx, Houston, TX 77056, xxxxxxxxxxx@xxxxxxxxxxx.xxx, via both e-mail and certified mail, return receipt requested. If Xxxxxxxx decides to revoke this Release to Agreement, the Chairman revocation shall make this Agreement and its terms and conditions null and void as of the Board of Directorsdate the written revocation is received by Marathon’s general counsel, at the offices of the Company on or before 5:00 p.m. on the seventh (7th) day after the date on which he signs this ReleaseXx. Xxxxxxxxx.

Appears in 1 contract

Samples: Separation Agreement (Marathon Oil Corp)

Rights Under the Older Workers Benefit Protection Act. Executive agrees and expressly acknowledges that this Release includes a waiver and release of all claims which he has or may have under the Older Worker’s Benefit Protection Act and the ADEA. The following terms and conditions apply to and are part of the waiver and release of the Older Worker’s Benefit Protection Act claims and ADEA claims under this Release: (a) This paragraph, Executive acknowledges that this paragraph and this Release are written in a manner calculated to be understood by Executive. (b) The waiver and release of claims under the ADEA contained in this Release does not cover rights or claims that may arise after the date on which he Executive signs this Release. (c) The Employment Executive acknowledges that this Agreement provides for consideration in exchange for this release Release in addition to anything of value to which Executive is already entitled. (d) Executive has been advised to consult an attorney before signing this Release and the Employment AgreementRelease. (e) Executive, through his attorney, was first presented with this Release on May 21, 2010. Executive accordingly has been granted not less than already had twenty-one (21) days (or forty-five (45) days in the event of an exit incentive or other employment termination program) after Executive is presented with this Release and the Effective Date of Termination (as defined in the Employment Agreement) to decide whether or not to sign this Release. If The Company has agreed to extend the period within which Executive executes may decide whether or not to sign this Release prior to through the expiration close of such periodbusiness on June 15, 2010. Executive does so voluntarily and after having had Company agree that the opportunity to consult with an attorney, and hereby waives changes made from the remainder original version of the Release provided to Executive on May 21 do not entitle Executive to an additional twenty-one (21) day period (within which to decide whether or forty-five (45) day period, if applicable)not to sign this Release. (f) Executive has the right to revoke this Release within seven (7) days of signing this Release. In the event this Release is revoked, Executive understands that this Release will be null and void, and he will not be entitled to any compensation or benefits under the Employment Agreement which are expressly conditioned upon the execution and non-revocation of this Release. If Executive wishes to revoke this Release, Executive shall deliver written notice stating his intent to revoke this Release to the Chairman of the Board of Directors, at the offices of the Company on or before 5:00 p.m. on the seventh (7th) day after the date on which he signs this Release.this

Appears in 1 contract

Samples: Settlement Agreement (Medicis Pharmaceutical Corp)

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Rights Under the Older Workers Benefit Protection Act. Executive agrees THIS AGREEMENT SPECIFICALLY WAIVES ALL OF XXXX’X RIGHTS AND CLAIMS ARISING UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT, AS AMENDED, THE OLDER WORKERS’ BENEFIT PROTECTION ACT, AS AMENDED, AND IN CONNECTION WITH THIS WAIVER, XXXX ACKNOWLEDGES AND AGREES TO THE FOLLOWING: a. This Agreement refers to and expressly acknowledges that this Release includes a waiver and release of all releases rights and/or claims which he has or may have arising under the Older Worker’s Benefit Protection Age Discrimination in Employment Act and the ADEA. The following terms and conditions apply to and are part of the waiver and release of the Older Worker’s Workers Benefit Protection Act claims and ADEA claims under this Release:Act; (a) b. This paragraph, and this Release are Agreement is written in a manner calculated to be understood by Executive.Xxxx and Xxxx has carefully read and fully understands the terms, conditions, and effect of this Agreement; (b) The waiver and release of claims under the ADEA contained in this Release x. Xxxx does not cover waive rights or claims that may arise after the date on which he signs this Release.Agreement is executed; (c) The x. Xxxx waives rights and claims under the Age Discrimination in Employment Agreement provides for consideration Act only in exchange for this release consideration in addition to anything of value to which Executive he is already entitled.; (d) Executive has been x. Xxxx is encouraged and advised in writing to consult with an attorney before signing prior to executing this Release and the Employment Agreement.; (e) Executive x. Xxxx has been granted not less than twenty-one (21) days (or forty-five (45) days following his termination of employment on August 31, 2016 in the event of an exit incentive or other employment termination program) after Executive is presented with which to consider, and to request changes to, this Release Agreement before accepting it, and the Effective Date of Termination (as defined in the Employment Agreement) to decide whether or not to sign if Xxxx signs this Release. If Executive executes this Release Agreement prior to the expiration end of such the 21-day time period, Executive does so he knowingly and voluntarily and after having had the opportunity elected to consult with an attorney, and hereby waives the remainder do so; x. Xxxx fully understands that he may revoke his acceptance of the twenty-one (21) day period (or forty-five (45) day period, if applicable). (f) Executive has the right to revoke this Release Agreement at any time within seven (7) days of signing this Release. In the event this Release is revoked, Executive understands that this Release will be null and void, and he will not be entitled to any compensation or benefits under the Employment Agreement which are expressly conditioned upon the execution and non-revocation of this Release. If Executive wishes to revoke this Release, Executive shall deliver written notice stating his intent to revoke this Release to the Chairman of the Board of Directors, at the offices of the Company on or before 5:00 p.m. on the seventh (7th) day after the date on which he signs signed the Agreement, and this ReleaseAgreement shall not become effective or enforceable until the seven-day revocation period has expired. If Xxxx wishes to revoke this Agreement during the seven-day revocation period, he shall do so by sending a written notice stating, “I hereby revoke my acceptance of our Separation Agreement,” to Xxxxxx X. Xxxxxxxx, Executive Vice President, General Counsel and Secretary, Marathon Oil Corporation, 0000 Xxx Xxxxxx Xxxxxx, Houston, TX 77056, xxxxxxxxxx@xxxxxxxxxxx.xxx, via both e-mail and certified mail, return receipt requested. If Xxxx decides to revoke this Agreement, the revocation shall make this Agreement and its terms and conditions null and void as of the date the written revocation is received by Marathon’s general counsel, Xx. Xxxxxxxx.

Appears in 1 contract

Samples: Separation Agreement (Marathon Oil Corp)

Rights Under the Older Workers Benefit Protection Act. Executive agrees and expressly acknowledges that this Release includes a waiver and release of all claims which he Executive has or may have under the Older Worker’s Benefit Protection Act and the ADEA. The following terms and conditions apply to and are part of the waiver and release of the Older Worker’s Benefit Protection Act claims and ADEA claims under this Release: (a) This paragraph, paragraph and this Release are written in a manner calculated to be understood by Executive. (b) The waiver and release of claims under the ADEA contained in this Release does not cover rights or claims that may arise after the date on which he Executive signs this Release. (c) The Severance Benefits (as defined in the Employment Agreement provides Agreement) provide for consideration in exchange for this release in addition to anything of value to which Executive is already entitled. (d) Executive has been advised to consult an attorney before signing this Release and the Employment Agreement. (e) Executive has been granted not less than twenty-one (21) days (or forty-five (45) days in the event of an exit incentive or other employment termination program) after Executive is presented with this Release and the Effective Date of Termination (as defined in the Employment Agreement) to decide whether or not to sign this Release. If Executive executes this Release prior to the expiration of such period, Executive does so voluntarily and after having had the opportunity to consult with an attorney, and hereby waives the remainder of the twenty-one (21) day period (or forty-five (45) day period, if applicable). (f) Executive has the right to revoke this Release within seven (7) days of signing this Release. In the event this Release is revoked, Executive understands that this Release will be null and void, and he Executive will not be entitled to any compensation or benefits under the Employment Agreement Severance Benefits, which are expressly conditioned upon the execution and non-revocation of this Release. Executive further understands that he shall not be entitled to receive the Severance Benefits until after the expiration of such revocation period and, then, if and only if Executive has not exercised his right of revocation. If Executive wishes to revoke this Release, Executive shall deliver written notice stating his Executive’s intent to revoke this Release to the Chairman of the Board of Directors, General Counsel at the offices of the Company Company, on or before 5:00 p.m. on the seventh (7th) day after the date on which he Executive signs this Release.

Appears in 1 contract

Samples: Employment Agreement (Tropicana Las Vegas Hotel & Casino, Inc.)

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