Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company in connection with his termination to consult with an attorney of his choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he has seven (7) days following the date on which he signs this Agreement within which to revoke the release contained in this paragraph 2(b), by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.
Appears in 10 contracts
Samples: Employment Agreement (CBS Corp), Employment Agreement, Employment Agreement (Viacom Inc.)
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims arising under ADEA that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)Agreement. By signing this Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company in connection with his termination to consult with an attorney of his choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he has seven (7) days following the date on which he signs this Agreement within which to revoke the release contained in this paragraph 2(b)paragraph, by providing the Company with a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPAparagraph.
Appears in 8 contracts
Samples: Employment Agreement (First Western Financial Inc), Employment Agreement (Milacron Holdings Corp.), Employment Agreement (Milacron Holdings Corp.)
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company in connection with his her termination to consult with an attorney of his her choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his her choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he she has seven (7) days following the date on which he she signs this Agreement within which to revoke the release contained in this paragraph 2(b), by providing the Company a written notice of his her revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his her right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him her under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him her and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.
Appears in 6 contracts
Samples: Employment Agreement (Paramount Global), Employment Agreement (CBS Corp), Employment Agreement (CBS Corp)
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Employee in this Agreement, the Releasors hereby irrevocably and unconditionally release fully and forever waive, release, and discharge the Releasees from any and all Claims that Claims, whether known or unknown, from the Releasors may have as beginning of time to the date of the date the Executive signs Employee's execution of this Agreement arising under the Federal Age Discrimination in Employment Act of 1967(ADEA), as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)its implementing regulations. By signing this Agreement, the Executive Employee hereby acknowledges and confirms that: the following: (i) Employee has read this Agreement in its entirety and understands all of its terms; by this Agreement, the Executive was Employee has been advised by in writing of the Company in connection with his termination right to consult with an attorney of his choice prior the Employee's choosing before executing this Agreement; the Employee knowingly, freely, and voluntarily assents to signing all of the terms and conditions set out in this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEAwaiver, release, and covenants contained in it; the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of Employee is executing this Agreement; , including the waiver and (iv) the Executive is providing this release and discharge only release, in exchange for good and valuable consideration in addition to anything of value to which the Executive Employee is already otherwise entitled. The Executive also ; the Employee was given at least twenty-one (21) days to consider the terms of this Agreement and consult with an attorney of the Employee's choice, although the Employee may sign it sooner if desired and changes to this Agreement, whether material or immaterial, do not restart the running of the 21-day period; the Employee understands that he the Employee has seven (7) days following the date on which he signs from signing this Agreement within which to revoke the release in this paragraph by delivering a notice of revocation as indicated in section 17; and the Employee understands that the release contained in this paragraph 2(b)does not apply to rights and claims that may arise after the Employee signs this Agreement. These releases cover both claims that Employee knows about or may not know about or expect to exist, by providing at the Company a written notice of his revocation time of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions signing of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.
Appears in 6 contracts
Samples: Separation Agreement, Separation Agreement, Separation Agreement
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment this Agreement, the Releasors Executive, on behalf of himself and the other Releasors, hereby unconditionally release releases and forever discharge discharges the Releasees from any and all Claims arising under ADEA that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)Agreement. By signing this Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company Corporation in connection with his termination to consult with an attorney of his choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 [twenty-one (21)] days to consider the terms of this Agreement and to consult with an attorney of his his/her choosing with respect thereto; (iii) having read the terms of this Agreement, the Executive understands its terms and effects, and the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled, and acknowledges such consideration is adequate and satisfactory to the Executive. The Executive also understands that he has seven (7) days following the date on which he signs this Agreement within which to revoke the release contained in this paragraph 2(b)paragraph, by providing the Company Corporation with a written notice of his revocation of the release and waiver contained in this paragraph 2(b); providedparagraph. Any revocation must be in writing and sent to [name], howevervia electronic mail at [email address], that if on or before [5:00 p.m. Pacific time] on the Executive exercises his right to revoke the release contained in seventh day after this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited is executed by the ADEA and OWBPAExecutive.
Appears in 6 contracts
Samples: Employment Agreement (GoodRx Holdings, Inc.), Employment Agreement (GoodRx Holdings, Inc.), Employment Agreement (GoodRx Holdings, Inc.)
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims arising under ADEA that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)Agreement. By signing this Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company in connection with his termination to consult with an attorney of his choice prior to signing this Agreement Agreement: and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he has seven (7) days following the date on which he signs this Agreement within which to revoke the release contained in this paragraph 2(b)Section, by providing the Company with a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPASection.
Appears in 5 contracts
Samples: Employment Agreement (First Western Financial Inc), Employment Agreement (First Western Financial Inc), Employment Agreement (First Western Financial Inc)
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive you under the Employment this Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees Company from any and all Claims that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)) that you may have as of the date of the your signature to this Agreement. By signing this Agreement, the Executive you hereby acknowledges acknowledge and confirms confirm the following: :
(i) the Executive was You were advised by the Company in connection with his your termination to consult with an attorney of his your choice prior to signing this Agreement and to have such attorney explain to the Executive him the terms of this Agreement, including, without limitation, the terms relating to the Executive’s your release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; ;
(ii) the Executive was You were given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his your choosing with respect thereto; , and were given the option to sign the Agreement in fewer than 21 days if you desired;
(iii) You are providing the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge set forth in this Section 7(b) only in exchange for consideration in addition to anything of value to which the Executive you is already entitled; and
(iv) You knowingly and voluntarily accept the terms of this Agreement. The Executive also understands You acknowledge that he has you understand that you may revoke the release contained in this Section 7(b) within seven (7) days following the date on which he signs you sign this Agreement within which to revoke (the release contained in this paragraph 2(b), “Revocation Period”) by providing to the Company a written notice of his your revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if Section 7(b) prior to the Executive exercises his expiration of the Revocation Period. This right of revocation relates only to revoke the ADEA release contained set forth in this paragraph 2(b), the Executive Section 7(b) and does not act as a revocation of any other term of this Agreement. Any payments or benefits provided to you under this Agreement shall not be entitled to any amounts paid to him under commence until the termination provisions expiration of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPARevocation Period.
Appears in 4 contracts
Samples: Separation and Release Agreement (Lincoln Educational Services Corp), Separation and Release Agreement (Lincoln Educational Services Corp), Separation and Release Agreement (Lincoln Educational Services Corp)
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company in connection with his [his] [her] termination to consult with an attorney of his [his] [her] choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his [his] [her] choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he [he] [she] has seven (7) days following the date on which he [he] [she] signs this Agreement within which to revoke the release contained in this paragraph 2(b), by providing the Company a written notice of his [his] [her] revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his [his] [her] right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him [him] [her] under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him [him] [her] and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.
Appears in 4 contracts
Samples: Employment Agreement (Paramount Global), Employment Agreement (Paramount Global), Employment Agreement (ViacomCBS Inc.)
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreementin this Release, the Releasors hereby irrevocably and unconditionally fully and forever waive, release and forever discharge the Releasees from any and all Claims that Claims, whether known or unknown, from the Releasors may have as beginning of time to the date of the date the Executive signs Executive’s execution of this Agreement Release arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”), as amended, and its implementing regulations. By signing this AgreementRelease, the Executive hereby acknowledges and confirms the followingthat: (i) the Executive was has read this Release in its entirety and understands all of its terms; (ii) the Executive has been advised by the Company in connection with his termination of and has availed him/herself of his/her right to consult with an his/her attorney of his choice prior to signing executing this Agreement and to have such attorney explain to Release; (iii) the Executive knowingly, freely and voluntarily assents to all of the terms of and conditions set out in this Agreement, Release including, without limitation, the terms relating to the Executive’s waiver, release of claims arising under ADEA, and the Executive has in fact consulted with an attorneycovenants contained herein; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing executing this release Release, including the waiver and discharge only release, in exchange for good and valuable consideration in addition to anything of value to which he is otherwise entitled; (v) the Executive is already entitled. The was given at least [twenty-one (21)/forty-five (45)] days to consider the terms of this Release and consult with an attorney of his/her choice, although he may sign it sooner if desired; (vi) the Executive also understands that he has seven (7) days following from the date on which he signs this Agreement within which Release to revoke the release in this paragraph by delivering notice of revocation to [NAME] at the Employer, [EMPLOYER ADDRESS] by e-mail/fax/overnight delivery before the end of such seven-day period; and (vii) the Executive understands that the release contained in this paragraph 2(b), by providing does not apply to rights and claims that may arise after the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if date on which the Executive exercises his right to revoke the release contained in signs this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPARelease.
Appears in 4 contracts
Samples: Executive Employment Agreement (Berry Petroleum Corp), Executive Employment Agreement (Berry Petroleum Corp), Executive Employment Agreement (Berry Petroleum Corp)
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Severance Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was was, and is hereby, advised by the Company in connection with his Executive’s termination to consult with an attorney of his Executive’s choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 twenty-one (21) days to consider the terms of this Agreement and to consult with an attorney of his Executive’s choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the payments and benefits provided to Executive is providing in consideration of this release and discharge only in exchange for consideration are in addition to anything of value any amounts otherwise owed to which the Executive; and (v) this Agreement is written in a manner designed to be understood by Executive is already entitledand Executive understands it. The Executive also understands that he Executive has seven (7) days following the date on which he Executive signs this Agreement within which to revoke the release contained in this paragraph 2(b)paragraph, by providing the Company a written notice of his Executive’s revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPAparagraph.
Appears in 4 contracts
Samples: Change in Control Severance Benefits Agreement (Rentech, Inc.), Change in Control Severance Benefits Agreement (Rentech, Inc.), Change in Control Severance Benefits Agreement (Rentech, Inc.)
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreementin this Release, the Releasors hereby irrevocably and unconditionally fully and forever waive, release and forever discharge the Releasees from any and all Claims that Claims, whether known or unknown, from the Releasors may have as beginning of time to the date of the date the Executive signs Executive’s execution of this Agreement Release arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”), as amended, and its implementing regulations. By signing this AgreementRelease, the Executive hereby acknowledges and confirms the followingthat: (i) the Executive was has read this Release in its entirety and understands all of its terms; (ii) the Executive has been advised by the Company in connection with his termination of and has availed him/herself of Executive’s right to consult with an Executive’s attorney of his choice prior to signing executing this Agreement and to have such attorney explain to Release; (iii) the Executive knowingly, freely and voluntarily assents to all of the terms of and conditions set out in this Agreement, Release including, without limitation, the terms relating to the Executive’s waiver, release of claims arising under ADEA, and the Executive has in fact consulted with an attorneycovenants contained herein; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing executing this release Release, including the waiver and discharge only release, in exchange for good and valuable consideration in addition to anything of value to which Executive is otherwise entitled; (v) the Executive is already entitled. The was given at least [twenty-one (21)/forty-five (45)] days to consider the terms of this Release and consult with an attorney of Executive’s choice, although Executive also may sign it sooner if desired; (vi) the Executive understands that he Executive has seven (7) days following from the date on which he Executive signs this Agreement within which Release to revoke the release in this paragraph by delivering notice of revocation to [NAME] at the Employer, [EMPLOYER ADDRESS] by e-mail/fax/overnight delivery before the end of such seven (7)-day period; and (vii) the Executive understands that the release contained in this paragraph 2(b), by providing does not apply to rights and claims that may arise after the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if date on which the Executive exercises his right to revoke the release contained in signs this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPARelease.
Appears in 2 contracts
Samples: Executive Employment Agreement (Berry Corp (Bry)), Executive Employment Agreement (Berry Corp (Bry))
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive you under the Employment AgreementSection 2(a), the Releasors you hereby unconditionally release and forever discharge the Releasees from any and all Claims that the Releasors you may have as of the date the Executive signs you sign this Separation Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Separation Agreement, the Executive you hereby acknowledges acknowledge and confirms the followingconfirm that you: (i) the Executive was advised by the Company in connection with his termination to consult with an attorney of his choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; at least twenty-one (ii21) the Executive was given a period of not fewer than 21 days to consider the terms of this Separation Agreement; (ii) are waiving all legal claims, including claims under the ADEA, although nothing in this Separation Agreement and is intended to consult diminish or otherwise encumber your ability to make a lawful challenge in accordance with an attorney of his choosing with respect theretothe Older Workers Benefit Protection Act to a waiver under the ADEA; (iii) the Executive knowingly and voluntarily accepts were advised to consult with legal counsel of your own choosing at your expense prior to execution of this Separation Agreement; (iv) fully understand the terms of this Agreementand conditions contained herein; and (ivv) the Executive is providing enter into this Separation Agreement of your own free will and were not under any undue pressure or duress. Expressly excluded from this release are (a) claims for indemnification and discharge only in exchange officers’ liability and other insurance coverage to which you are entitled under any Company insurance policy; (b) claims for monies, notices and vested benefits due under any employee benefit plan; (c) claims that cannot be waived by law; and (d) claims that may arise after the date this Separation Agreement is executed. You acknowledge that you have received as consideration for the waivers contained herein money and other benefits in addition to anything of value that to which the Executive is you were already entitled. The Executive also understands that he has seven (7) days following the date on which he signs this Agreement within which to revoke the release contained in this paragraph 2(b), by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.
Appears in 2 contracts
Samples: Separation Agreement (Jones Lang Lasalle Inc), Separation Agreement (Jones Lang Lasalle Inc)
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment this Agreement, the Releasors Executive, on behalf of himself and the other Releasors, hereby unconditionally release releases and forever discharge discharges the Releasees from any and all Claims arising under ADEA that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)Agreement. By signing this Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company Corporation in connection with his termination to consult with an attorney of his choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 [twenty-one (21)] days to consider the terms of this Agreement and to consult with an attorney of his his/her choosing with respect thereto; (iii) having read the terms of this Agreement, the Executive understands its terms and effects, and the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled, and acknowledges such consideration is adequate and satisfactory to the Executive. The Executive also understands that he has seven (7) days following the date on which he signs this Agreement within which to revoke the release contained in this paragraph 2(b)paragraph, by providing the Company Corporation with a written notice of his revocation of the release and waiver contained in this paragraph 2(b); providedparagraph. Any revocation must be in writing and sent to [name], howevervia electronic mail at [email address], that if on or before [5:00 p.m. Pacific time] on the Executive exercises his right to revoke the release contained in seventh day after this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited is executed by the ADEA and OWBPAExecutive.]
Appears in 2 contracts
Samples: Employment Agreement (GoodRx Holdings, Inc.), Employment Agreement (GoodRx Holdings, Inc.)
Specific Release of ADEA Claims. In further consideration for, among other things, certain actions by CIT in support of the payments and benefits provided my decision to the Executive under the Employment Agreementretire, the Releasors hereby unconditionally release and forever discharge the Releasees Company Group from any and all Claims that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)) that I may have as of the date of my signature to this Agreement. By signing this AgreementRelease, the Executive I hereby acknowledges acknowledge and confirms confirm the following: :
(i) the Executive I was advised by the Company CIT in connection with his my termination to consult with an attorney of his my choice prior to signing this Agreement Release and to have such attorney explain to the Executive me the terms of this AgreementRelease, including, without limitation, the terms relating to the Executive’s my release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; ;
(ii) the Executive I was given a period of not fewer than 21 days to consider the terms of this Agreement Release and to consult with an attorney of his my choosing with respect thereto; , and was given the option to sign the Release in fewer than 21 days if I desired;
(iii) I am providing the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge set forth in this Release only in exchange for consideration in addition to anything of value to which the Executive is I am already entitled; and
(iv) I knowingly and voluntarily accept the terms of this Release. The Executive also understands I acknowledge that he has I understand that I may revoke this specific ADEA release contained in this Section II of this Release within seven (7) days following the date on which he signs I sign this Agreement within which to revoke Release (the release contained in this paragraph 2(b), “Revocation Period”) by providing to the Company a General Counsel of CIT, at 0 XXX Xxxxx, Xxxxxxxxxx, Xxx Xxxxxx 00000, written notice of his my revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if Section II of this Release prior to the Executive exercises his expiration of the Revocation Period. This right of revocation relates only to revoke the ADEA release contained set forth in this paragraph 2(b), the Executive shall Section II of this Release and does not be entitled act as a revocation of any other term of this Release. Any payments or benefits provided to any amounts paid to him me under the termination provisions of the Employment Agreement and shall not commence until the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under expiration of the Employment Agreement, except as prohibited by the ADEA and OWBPARevocation Period.
Appears in 2 contracts
Samples: Employment Agreement (Cit Group Inc), Employment Agreement (Cit Group Inc)
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Employee in this Agreement, the Releasors hereby irrevocably and unconditionally release waive, release, and forever discharge the Releasees Released Parties from any and all Claims that Claims, whether known or unknown, from the Releasors may have as beginning of time through the date the Executive signs of Employee's execution of this Agreement Agreement, arising under the Federal Age Discrimination in Employment Act of 1967(ADEA), as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)its implementing regulations. By signing this Agreement, the Executive Employee hereby acknowledges and confirms the followingthat: (i) the Executive was Employee has read this Agreement in its entirety and understands all of its terms; by this Agreement, Employee has been advised by the Company in connection with his termination writing to consult with an attorney of his choice prior attorney[, and has consulted with such counsel [to the extent Employee has deemed necessary]] before signing this Agreement Agreement; Employee knowingly, freely, and voluntarily agrees to have such attorney explain to the Executive all of the terms of and conditions set out in this Agreement, Agreement including, without limitation, the terms relating to the Executive’s release of claims arising under ADEAwaiver, release, and covenants contained in it; Employee is executing this Agreement, including the Executive has waiver and release, in fact consulted with an attorneyexchange for good and valuable consideration in addition to anything of value to which Employee is otherwise entitled; (ii) the Executive Employee was given a period of not fewer than 21 at least [twenty-one (21)/forty-five (45)] days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly Employee's choice, although Employee may sign it sooner if desired[ and voluntarily accepts the terms of changes to this Agreement, whether material or immaterial, do not restart the running of the [21/45]-day period]; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also Employee understands that he Employee has seven (7) days following from the date of signing this Agreement to revoke the release in this paragraph by delivering notice of revocation to [NAME] at Employer [Group], [EMPLOYER ADDRESS] by [email/fax/overnight delivery/[OTHER METHOD OF DELIVERY]] before the end of the seven-day period; and Employee understands that the release in this paragraph does not apply to rights and claims that may arise after the date on which he Employee signs this Agreement within which to revoke the release contained in this paragraph 2(b), by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.]
Appears in 1 contract
Specific Release of ADEA Claims. In further consideration As condition to the payment of the payments and benefits provided to the Executive under the Employment AgreementConsideration, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims arising under ADEA that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)Agreement. By signing this Agreement, the Executive hereby acknowledges and confirms the following: , (i) the Executive was advised by the Company in connection with his termination to consult with an attorney of his choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he has seven (7) days following the date on which he signs this Agreement Termination Date within which to revoke the release contained in this paragraph 2(b)paragraph, by providing the Company with a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if paragraph. No Consideration will be paid to the Executive exercises his right to revoke until after the release contained in expiration of this paragraph 2(bseven (7) day period without a revocation (“Effective Date”), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.
Appears in 1 contract
Samples: General Release of All Claims (Tecumseh Products Co)
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive you under the Employment this Agreement, the Releasors Executive Parties hereby unconditionally release and forever discharge the Releasees Company Parties from any and all Claims that the Releasors Executive Parties may have as of the date the Executive signs you execute this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, the Executive you hereby acknowledges acknowledge and confirms confirm the following: (i) the Executive was you were advised by the Company in connection with his your termination of employment to consult with an attorney of his your choice prior to signing this Agreement and to have such attorney explain to the Executive you the terms of this Agreement, including, without limitation, the terms relating to the Executive’s your release of claims arising under ADEA, and the Executive has you have in fact consulted with an attorney; (ii) the Executive was you were given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his your choosing with respect thereto; and (iii) the Executive you knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive You also understands understand that he has you have seven (7) days following the date on which he signs you sign this Agreement (the “Revocation Period”) within which to revoke the release contained in this paragraph 2(b), Section 8(f) by providing the Company a written notice of his your revocation of the release and waiver contained in this paragraph 2(bSection 8(f); provided, however, . No such revocation by you will be effective unless it is in writing and signed by you and received by the Company prior to the expiration of the Revocation Period. In the event that if the Executive exercises his right to you revoke the release contained in this paragraph 2(bSection 8(f), the Executive equity treatment provided in clauses (c), (d) and (e) of Section 4 shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement inapplicable and the Company may reclaim any RSUs and PSUs referenced in such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPAclauses shall be immediately forfeited.
Appears in 1 contract
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Employee by this Agreement, the Releasors Employee, on behalf of himself and the Employee Releasors, hereby unconditionally release releases and forever discharge discharges the Releasees Employer Group from any and all Claims that the Employee Releasors may have as of the date the Executive Employee signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967(ADEA), as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, the Executive Employee hereby acknowledges and confirms the following: that:
(i) in connection with the Executive was Employee’s termination of employment, the Employee has been advised by the Company in connection with his termination Employer to consult with an attorney of his choice prior to before signing this Agreement and to have such the attorney explain to the Executive the terms and effect of signing this Agreement, including, without limitation, the terms relating to the Executiveincluding Employee’s release of claims arising under the ADEA, and the Executive that Employee has in fact consulted with an attorney; ;
(ii) the Executive Employee was given a period of not fewer no less than 21 days to consider the terms of this the Agreement and to consult with an attorney of his choosing with respect thereto; choice;
(iii) the Executive Employee is providing this release in exchange for consideration in addition to that which the Employee is already entitled;
(iv) the Employee understands that he has seven (7) days from the date of signing this Agreement to revoke the release in this paragraph by providing the Employer with a written notice of the Employee’s revocation of the release and waiver contained in this paragraph;
(v) the Employee understands that the release contained in this paragraph does not apply to rights and claims that may arise after the date on which the Employee signs this Agreement; and
(vi) the Employee knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he has seven (7) days following the date on which he signs this Agreement within which to revoke the release contained in this paragraph 2(b), by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.
Appears in 1 contract
Samples: Separation and Release of Claims Agreement (Dgse Companies Inc)
Specific Release of ADEA Claims. In further consideration As condition to the payment of the payments and benefits provided to the Executive under the Employment AgreementConsideration, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims arising under ADEA that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)Agreement. By signing this Agreement, the Executive hereby acknowledges and confirms the following: , (i) the Executive was advised by the Company in connection with his termination to consult with an attorney of his choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he has seven (7) days following the date on which he signs this Agreement within which to revoke the release contained in this paragraph 2(b)paragraph, by providing the Company with a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if paragraph. No Consideration will be paid to the Executive exercises his right to revoke until after the release contained in expiration of this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPAseven (7) day period with a revocation.
Appears in 1 contract
Samples: General Release of All Claims (Tecumseh Products Co)
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive you under the Employment this Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees Company Group from any and all Claims that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)) that you may have as of the date of the your signature to this Agreement. By signing this Agreement, the Executive you hereby acknowledges acknowledge and confirms confirm the following: :
(i) the Executive was You were advised by the Company in connection with his your termination to consult with an attorney of his your choice prior to signing this Agreement and to have such attorney explain to the Executive him the terms of this Agreement, including, without limitation, the terms relating to the Executive’s your release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; ;
(ii) the Executive was You were given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his your choosing with respect thereto; , and were given the option to sign the Agreement in fewer than 21 days if you desired;
(iii) You are providing the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge set forth in this Section 8(b) only in exchange for consideration in addition to anything of value to which the Executive you is already entitled; and
(iv) You knowingly and voluntarily accept the terms of this Agreement. The Executive also understands You acknowledge that he has you understand that you may revoke the release contained in this Section 8(b) within seven (7) days following the date on which he signs you sign this Agreement within which to revoke (the release contained in this paragraph 2(b), “Revocation Period”) by providing to the Company a written notice of his your revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if Section 8(b) prior to the Executive exercises his expiration of the Revocation Period. This right of revocation relates only to revoke the ADEA release contained set forth in this paragraph 2(b), the Executive Section 8(b) and does not act as a revocation of any other term of this Agreement. Any payments or benefits provided to you under this Agreement shall not be entitled to any amounts paid to him under commence until the termination provisions expiration of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPARevocation Period.
Appears in 1 contract
Samples: Separation Agreement (Lincoln Educational Services Corp)
Specific Release of ADEA Claims. In As further consideration of for the payments and benefits provided to the Executive under the Employment Separation Agreement, and for other valuable consideration, the Releasors hereby irrevocably and unconditionally release fully and forever waive, release, and discharge the Releasees Released Parties from any and all Claims that Claims, whether known or unknown, from the Releasors may have as beginning of time through the date the Executive signs executes this Agreement (subject to Section 2.2(g) below), arising under the Federal Age Discrimination in Employment Act of 1967(ADEA), as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)its implementing regulations. By signing this Agreement, the Executive hereby acknowledges and confirms the following: (ithat:
a) the Executive was has read this Agreement in its entirety and understands all of its terms;
b) by this Agreement, the Executive has been advised by the Company in connection with his termination writing to consult with an attorney of his choice prior to the Executive’s choosing before signing this Agreement and to have such attorney explain to Agreement;
c) the Executive knowingly, freely, and voluntarily agrees to all of the terms of and conditions set out in this Agreement, Agreement including, without limitation, the terms relating to the Executive’s release of claims arising under ADEAwaiver, release, and the Executive has covenants contained in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (ivit;
d) the Executive is providing signing this release Agreement, including the waiver and discharge only release, in exchange for good and valuable consideration in addition to anything of value to which the Executive is already otherwise entitled. The ;
e) the Executive also was given at least twenty-one (21) days to consider the terms of this Agreement and consult with an attorney of the Executive’s choice, although the Executive may sign it sooner if desired and changes to this Agreement, whether material or immaterial, do not restart the running of the 21-day period;
f) the Executive understands that he the Executive has seven (7) calendar days following after signing this Agreement (the “Revocation Period”) to revoke the release in this Section by delivering notice of revocation to Xx. Xxxxxx X. Vitiritto at the Company, 000 X. Xxxxx xx Tonti Blvd., Tontitown, Arkansas 72770 by email or overnight delivery before the end of this seven-day period; in the event of any such revocation by Executive, all obligations of the Company under the Separation Agreement shall terminate and be of no further force and effect as of the date on which he signs this Agreement within which of such revocation. No such revocation by Executive shall be effective unless it is in writing and signed by Executive and received by the Company prior to revoke the expiration of the Revocation Period; and
g) the Executive understands that the release contained in this paragraph 2(b), by providing the Company a written notice of his revocation of the release Section 2 does not apply to rights and waiver contained in this paragraph 2(b); provided, however, claims that if may arise after the Executive exercises his right to revoke the release contained in signs this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.
Appears in 1 contract
Samples: Separation and Consulting Agreement (Pam Transportation Services Inc)
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination ¹ This date should coincide with termination of employment and should not be filled in at the time of the signing of the employment agreement. in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company in connection with his the Executive’s termination to consult with an attorney of his the Executive’s choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 21[45]² days to consider the terms of this Agreement and to consult with an attorney of his the Executive’s choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he the Executive has seven (7) days following the date on which he the Executive signs this Agreement within which to revoke the release contained in this paragraph 2(b), by providing the Company a written notice of his the Executive’s revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his the Executive’s right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him the Executive under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him the Executive and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.
Appears in 1 contract
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment this Agreement, the Releasors Executive, on behalf of himself and the other Releasors, hereby unconditionally release releases and forever discharge discharges the Releasees from any and all Claims arising under ADEA that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)Agreement. By signing this Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company in connection with his termination to consult with an attorney of his choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he has seven (7) days following the date on which he signs this Agreement within which to revoke the release contained in this paragraph 2(b)paragraph, by providing the Company with a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if paragraph. In the Executive exercises his right to revoke event of the Executive’s revocation of the release and waiver contained in this paragraph 2(bparagraph, (i) all of the Company’s obligations and the obligations of the Company Group hereunder, including the provisions of Section 4, shall be immediately without force or effect, and (ii) all of the Executive’s obligations hereunder, except the release with respect to ADEA claims contained in this Paragraph 3(c), shall continue in full force and effect, and (iii) the Company shall promptly pay the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except $100 as prohibited by the ADEA and OWBPAconsideration for his continuing obligations hereunder.
Appears in 1 contract
Samples: Separation and Release Agreement (Ichor Holdings, Ltd.)
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment this Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees Trust Group, and each of their respective officers, employees, directors, trustees, shareholders and agents from any and all Claims that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company Trust in connection with his termination to consult with an attorney of his choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEAADEA and, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 twenty-one (21) days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this the release and discharge set forth in this Section 9(b) only in exchange for consideration in addition to anything of value to which the Executive is already entitled; and (iv) Executive knowingly and voluntarily accepts the terms of this Agreement. The release and discharge set forth in this Section 9(b) may be revoked by Executive also understands that he has by a written instrument signed by Executive and received by the Trust prior to the expiration of the seven (7) days following day period commencing on the date on which he Executive signs this Agreement within which to revoke the release contained in this paragraph 2(b), by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.
Appears in 1 contract
Samples: Separation Agreement (Ramco Gershenson Properties Trust)
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment AgreementEmployee in this Release, the Releasors hereby irrevocably and unconditionally fully and forever waive, release and forever discharge the Releasees from any and all Claims that Claims, whether known or unknown, from the Releasors may have as beginning of time to the date of the date the Executive signs Employee’s execution of this Agreement Release arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”), as amended, and its implementing regulations. By signing this AgreementRelease, the Executive Employee hereby acknowledges and confirms the followingthat: (i) the Executive was Employee has read this Release in its entirety and understands all of its terms; (ii) the Employee has been advised by the Company in connection with his termination of and has availed him/herself of Employee’s right to consult with an Employee’s attorney of his choice prior to signing executing this Agreement Release; (iii) the Employee knowingly, freely and voluntarily assents to have such attorney explain to the Executive all of the terms of and conditions set out in this Agreement, Release including, without limitation, the terms relating to the Executive’s waiver, release of claims arising under ADEA, and the Executive has in fact consulted with an attorneycovenants contained herein; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive Employee is providing executing this release Release, including the waiver and discharge only release, in exchange for good and valuable consideration in addition to anything of value to which Employee is otherwise entitled; (v) the Executive is already entitled. The Executive also Employee was given at least [twenty-one (21)/forty-five (45)] days to consider the terms of this Release and consult with an attorney of Employee’s choice, although Employee may sign it sooner if desired; (vi) the Employee understands that he Employee has seven (7) days following from the date on which he Employee signs this Agreement within which Release to revoke the release in this paragraph by delivering notice of revocation to [NAME] at the Employer, [EMPLOYER ADDRESS] by e-mail/fax/overnight delivery before the end of such seven (7)-day period; and (vii) the Employee understands that the release contained in this paragraph 2(b), by providing does not apply to rights and claims that may arise after the Company a written notice of his revocation of date on which the release and waiver contained in Employee signs this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPARelease.
Appears in 1 contract
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims that the Releasors may have as of the date the Executive signs this Agreement Confirming Release arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this AgreementConfirming Release, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company in connection with his termination to consult with an attorney of his choice prior to signing this Agreement Confirming Release and to have such attorney explain to the Executive the terms of this AgreementConfirming Release, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement Confirming Release and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this AgreementConfirming Release; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he has seven (7) days following the date on which he signs this Agreement Confirming Release within which to revoke the release contained in this paragraph 2(b1(b), by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b1(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b1(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.
Appears in 1 contract
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreementin this Release, the Releasors hereby irrevocably and unconditionally fully and forever waive, release and forever discharge the Releasees from any and all Claims that Claims, whether known or unknown, from the Releasors may have as beginning of time to the date of the date the Executive signs Executive’s execution of this Agreement Release arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”), as amended, and its implementing regulations. By signing this AgreementRelease, the Executive hereby acknowledges and confirms the followingthat: (i) the Executive was has read this Release in its entirety and understands all of its terms; (ii) the Executive has been advised by the Company in connection with his termination of and has availed herself of her right to consult with an her attorney of his choice prior to signing executing this Agreement and to have such attorney explain to Release; (iii) the Executive knowingly, freely and voluntarily assents to all of the terms of and conditions set out in this Agreement, Release including, without limitation, the terms relating to the Executive’s waiver, release of claims arising under ADEA, and the Executive has in fact consulted with an attorneycovenants contained herein; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing executing this release Release, including the waiver and discharge only release, in exchange for good and valuable consideration in addition to anything of value to which she is otherwise entitled; (v) the Executive is already entitled. The was given at least [twenty-one (21)/forty-five (45)] days to consider the terms of this Release and consult with an attorney of her choice, although she may sign it sooner if desired; (vi) the Executive also understands that he she has seven (7) days following from the date on which he she signs this Agreement within which Release to revoke the release in this paragraph by delivering notice of revocation to [NAME] at the Employer, [EMPLOYER ADDRESS] by e-mail/fax/overnight delivery before the end of such seven-day period; and (vii) the Executive understands that the release contained in this paragraph 2(b), by providing does not apply to rights and claims that may arise after the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if date on which the Executive exercises his right to revoke the release contained in signs this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPARelease.
Appears in 1 contract
Specific Release of ADEA Claims. In further consideration As condition to the payment of the payments and benefits provided to the Executive under the Employment AgreementConsideration, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims arising under Age Discrimination in Employment Act (“ADEA”) that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)Agreement. By signing this Agreement, the Executive hereby acknowledges and confirms the following: , (i) the Executive was advised by the Company in connection with his termination to consult with an attorney of his choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration the Consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he has seven (7) days following the date on which he signs execution of this Agreement within which to revoke the release contained in this paragraph 2(b)paragraph, by providing the Company with a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if paragraph. No Consideration will be paid to the Executive exercises his right to revoke until after the release contained in expiration of this paragraph 2(bseven (7) day period without a revocation (“Effective Date”), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.
Appears in 1 contract
Samples: General Release of All Claims and Standstill Agreement (Tecumseh Products Co)
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreementin this Release, the Releasors hereby irrevocably and unconditionally fully and forever waive, release and forever discharge the Releasees from any and all Claims that Claims, whether known or unknown, from the Releasors may have as beginning of time to the date of the date the Executive signs Executive’s execution of this Agreement Release arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”), as amended, and its implementing regulations. By signing this AgreementRelease, the Executive hereby acknowledges and confirms the followingthat: (i) the Executive was has read this Release in its entirety and understands all of its terms; (ii) the Executive has been advised by the Company in connection with his termination of and has availed him/herself of Executive’s right to consult with an Executive’s attorney of his choice prior to signing executing this Agreement and to have such attorney explain to Release; (iii) the Executive knowingly, freely and voluntarily assents to all of the terms of and conditions set out in this Agreement, Release including, without limitation, the terms relating to the Executive’s waiver, release of claims arising under ADEA, and the Executive has in fact consulted with an attorneycovenants contained herein; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing executing this release Release, including the waiver and discharge only release, in exchange for good and valuable consideration in addition to anything of value to which Executive is otherwise entitled; (v) the Executive is already entitled. The was given at least [twenty-one (21)/forty-five (45)] days to consider the terms of this Release and consult with an attorney of Executive’s choice, although Executive also may sign it sooner if desired; (vi) the Executive understands that he Executive has seven (7) days following from the date on which he Executive signs this Agreement within which Release to revoke the release in this paragraph by delivering notice of revocation to [NAME] at the Employer, [EMPLOYER ADDRESS] by e-mail/fax/overnight delivery before the end of such seven-(7) day period; and (vii) the Executive understands that the release contained in this paragraph 2(b), by providing does not apply to rights and claims that may arise after the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if date on which the Executive exercises his right to revoke the release contained in signs this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPARelease.
Appears in 1 contract
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Retirement Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims arising under ADEA that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)Release Agreement. By signing this Release Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company Employer in connection with his termination to consult with an attorney of his choice prior to signing this Release Agreement and to have such attorney explain to the Executive the terms of this Release Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Release Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Release Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he has seven (7) days following the date on which he signs this Release Agreement within which to revoke the release contained in this paragraph 2(b)Release Agreement, by providing the Company Employer with a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Release Agreement, except as prohibited by the ADEA and OWBPA.
Appears in 1 contract
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment in this Agreement, the Releasors hereby irrevocably and unconditionally release fully and forever waive, release, and discharge the Releasees Released Parties from any and all Claims that Released Claims, whether known or unknown, from the Releasors may have as beginning of time through the date of the date the Executive signs Executive’s execution of this Agreement arising under the Federal Age Discrimination in Employment Act of 1967(ADEA) (29 U.S.C. § 621 et seq.), as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)its implementing regulations. By signing this Agreement, the Executive hereby acknowledges and confirms the following: that:
(i) the Executive was has read this Agreement in its entirety and understands all of its terms;
(ii) by this Agreement, the Executive has been advised by the Company in connection with his termination writing to consult with an attorney of his choice prior to the Executive’s choosing and has consulted with such counsel as the Executive believed was necessary before signing this Agreement and to have such attorney explain to Agreement;
(iii) the Executive knowingly, freely, and voluntarily agrees to all of the terms of and conditions set out in this Agreement, Agreement including, without limitation, the terms relating to the Executive’s release of claims arising under ADEAwaiver, release, and the Executive has covenants contained in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and it;
(iv) the Executive is providing signing this release Agreement, including the waiver and discharge only release, in exchange for good and valuable consideration in addition to anything of value to which the Executive is already otherwise entitled. The ;
(v) the Executive also was given at least twenty-one (21) days to consider the terms of this Agreement and consult with an attorney of the Executive’s choice, although the Executive may sign it sooner if desired and changes to this Agreement, whether material or immaterial, do not restart the running of the 21-day period;
(vi) the Executive understands that he the Executive has seven (7) days following the date on which he signs after signing this Agreement within which to revoke the release in this paragraph by delivering notice of revocation to the Employer’s Chief Executive Officer at the Employer’s headquarters by email/fax/overnight delivery before the end of this seven-day period; and
(vii) the Executive understands that the release contained in this paragraph 2(b), by providing the Company a written notice of his revocation of the release does not apply to rights and waiver contained in this paragraph 2(b); provided, however, claims that if may arise after the Executive exercises his right to revoke the release contained in signs this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.
Appears in 1 contract
Samples: Separation and Release of Claims Agreement (DENTSPLY SIRONA Inc.)
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive you under the Employment AgreementSection 2(a), the Releasors you hereby unconditionally release and forever discharge the Releasees from any and all Claims that the Releasors you may have as of the date the Executive signs you sign this Separation Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Separation Agreement, the Executive you hereby acknowledges acknowledge and confirms the followingconfirm that you: (i) the Executive was advised by the Company in connection with his termination to consult with an attorney of his choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; at least twenty-one (ii21) the Executive was given a period of not fewer than 21 days to consider the terms of this Separation Agreement; (ii) are waiving all legal claims, including claims under the ADEA, although nothing in this Separation Agreement and is intended to consult diminish or otherwise encumber your ability to make a lawful challenge in accordance with an attorney of his choosing with respect theretothe Older Workers Benefit Protection Act to a waiver under the ADEA; (iii) the Executive knowingly and voluntarily accepts were advised to consult with legal counsel of your own choosing at your expense prior to execution of this Separation Agreement; (iv) fully understand the terms and conditions contained herein; (v) enter into this Separation Agreement of your own free will and were not under any undue pressure or duress Expressly excluded from this Agreementrelease are (a) claims for indemnification and officers’ liability and other insurance coverage to which you are entitled under any Company insurance policy; and (ivb) claims for monies, notices and vested benefits due under any employee benefit plan; (c) claims that cannot be waived by law; and (d) claims that may arise after the Executive date this Separation Agreement is providing this release executed. You acknowledge that you have received as consideration for the waivers contained herein money and discharge only in exchange for consideration other benefits in addition to anything of value that to which the Executive is you were already entitled. The Executive also understands that he has seven (7) days following the date on which he signs this Agreement within which to revoke the release contained in this paragraph 2(b), by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.
Appears in 1 contract
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreementin this Release, the Releasors hereby irrevocably and unconditionally fully and forever waive, release and forever discharge the Releasees from any and all Claims that Claims, whether known or unknown, from the Releasors may have as beginning of time to the date of the date the Executive signs Executive’s execution of this Agreement Release arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”), as amended, and its implementing regulations. By signing this AgreementRelease, the Executive hereby acknowledges and confirms the followingthat: (i) the Executive was has read this Release in its entirety and understands all of its terms; (ii) the Executive has been advised by the Company in connection with his termination of and has availed herself of her right to consult with an her attorney of his choice prior to signing executing this Agreement and to have such attorney explain to Release; (iii) the Executive knowingly, freely and voluntarily assents to all of the terms of and conditions set out in this Agreement, Release including, without limitation, the terms relating to the Executive’s waiver, release of claims arising under ADEA, and the Executive has in fact consulted with an attorneycovenants contained herein; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing executing this release Release, including the waiver and discharge only release, in exchange for good and valuable consideration in addition to anything of value to which she is otherwise entitled; (v) the Executive is already entitled. The was given at least [twenty-one (21)/forty-five (45)] days to consider the terms of this Release and consult with an attorney of her choice, although she may sign it sooner if desired; (vi) the Executive also understands that he she has seven (7) days following from the date on which he she signs this Agreement within which Release to revoke the release in this paragraph by delivering notice of revocation to the Employer’s General Counsel by e-mail/fax/overnight delivery before the end of such seven-day period; and (vii) the Executive understands that the release contained in this paragraph 2(b), by providing does not apply to rights and claims that may arise after the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if date on which the Executive exercises his right to revoke the release contained in signs this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPARelease.
Appears in 1 contract
Specific Release of ADEA Claims. In further consideration of the payments and benefits Separation Benefits provided to the Executive under the Employment in this Agreement, the Releasors hereby irrevocably and unconditionally fully and forever waive, release and forever discharge the Releasees from any and all Claims that claims, whether known or unknown, from the Releasors may have as beginning of time to the date the Executive signs of Executive’s execution of this Agreement arising under the Federal Older Workers’ Benefit Protection Act and the Age Discrimination in Employment Act of 1967(ADEA), as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)its implementing regulations. By signing this Agreement, the Executive hereby acknowledges and confirms the followingthat: (i) the Executive was he has read this Agreement in its entirety and understands all of its terms; (ii) he has been advised by the Company in connection with of and has availed himself of his termination right to consult with an his attorney of his choice prior to signing executing this Agreement; (iii) he knowingly, freely and voluntarily assents to all of the terms and conditions set out in this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s waiver, release of claims arising under ADEA, and the Executive has in fact consulted with an attorneycovenants contained herein; (iiiv) he is executing this Agreement, including the Executive waiver and release, in exchange for good and valuable consideration in addition to anything of value to which he is otherwise entitled; (v) he was given a period of not fewer than 21 at least twenty-one (21) days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect theretochoice, although he may sign it sooner if desired; (iiivi) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also he understands that he has seven (7) days following from the date he signs this Agreement to revoke the release in this paragraph by delivering notice of revocation to the Director of Human Resources at the Company at the address listed for the Company above by overnight delivery before the end of such seven-day period; (vii) he understands that the release contained in this paragraph does not apply to rights and claims that may arise after the date on which he signs this Agreement within which to revoke Agreement; and (viii) in entering into this Agreement, Executive agrees and acknowledges that he is not relying on any representation, promise or inducement made by the release contained Company or its attorneys with the exception of those promises described in this paragraph 2(b), by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.
Appears in 1 contract
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination 1 This date should coincide with termination of employment and should not be filled in at the time of the signing of the employment agreement. in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company in connection with his the Executive’s termination to consult with an attorney of his the Executive’s choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 21[45]2 days to consider the terms of this Agreement and to consult with an attorney of his the Executive’s choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he the Executive has seven (7) days following the date on which he the Executive signs this Agreement within which to revoke the release contained in this paragraph 2(b), by providing the Company a written notice of his the Executive’s revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his the Executive’s right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him the Executive under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him the Executive and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.
Appears in 1 contract
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Cxxx by this Agreement, the Releasors Cxxx, on behalf of himself and Cxxx Releasors, hereby unconditionally release releases and forever discharge the Releasees discharges DGSE Group from any and all Claims that the Cxxx Releasors may have as of the date the Executive Cxxx signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”), as amended. By signing this Agreement, the Executive Cxxx hereby acknowledges and confirms the following: that:
(i) the Executive was Cxxx is hereby advised by the Company in connection with his termination DGSE to consult with an attorney of his choice prior to before signing this Agreement and to have such the attorney explain to the Executive the terms and effect of signing this Agreement, including, without limitation, the terms relating to the Executive’s including Cxxx’x release of claims arising under the ADEA, and the Executive has in fact consulted with an attorney; ;
(ii) the Executive was Cxxx has been given a period of not fewer than sufficient time, and up to 21 days days, at his option, to consider the terms of this the Agreement and to consult with an attorney of his choosing with respect thereto; choice;
(iii) Cxxx is executing this Agreement in exchange for consideration in addition to that which Cxxx is already entitled;
(iv) this Agreement will become effective and enforceable on the Executive eighth day after Cxxx signs and returns it to DGSE (“Effective Date”) unless before that time Cxxx revokes his acceptance of this Agreement by so notifying DGSE in writing, but if he does so this Agreement will not become effective and enforceable and Cxxx will have to repay any of the consideration hereunder that already was paid to him;
(v) Cxxx understands that the release contained in this paragraph does not apply to rights and claims under the Age Discrimination in Employment Act that may arise after the date on which Cxxx signs this Agreement; and
(vi) Cxxx knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he has seven (7) days following the date on which he signs this Agreement within which to revoke the release contained in this paragraph 2(b), by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.
Appears in 1 contract
Samples: Consulting, Separation and Release of Claims Agreement (Dgse Companies Inc)
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreementhereunder, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims that the Releasors may have as of the date the Executive signs this Release Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Release Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company in connection with his the Executive’s termination to consult with an attorney of his Executive’s choice prior to signing this Release Agreement and to have such attorney explain to the Executive the terms of this Release Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 twenty-one (21) days to consider the terms of this Release Agreement and to consult with an attorney of his Executive’s choosing with respect thereto; and (iii) the Executive knowingly and voluntarily accepts the terms of this Release Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he the Executive has seven (7) days following the date on which he signs this Release Agreement within which to revoke the release contained in this paragraph 2(b)paragraph, by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); providedparagraph, howeverwhich notice shall be addressed to the Company’s General Counsel at the following address: Federal Agricultural Mortgage Corporation, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b)0000 X Xxxxxx, the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment AgreementX.X., except as prohibited by the ADEA and OWBPA0xx Xxxxx, Xxxxxxxxxx, XX 00000.
Appears in 1 contract
Samples: Employment Agreement (Federal Agricultural Mortgage Corp)
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Severance Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims arising under ADEA that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)Agreement. By signing this Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company in connection with his termination to consult with an attorney of his choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he has seven (7) days following the date on which he signs this Agreement within which to revoke the release contained in this paragraph 2(b)paragraph, by providing the Company with a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPAparagraph.
Appears in 1 contract
Specific Release of ADEA Claims. In further consideration Employee acknowledges and agrees that the release set forth in Section 7 above includes a release of the payments and benefits provided to the Executive under the Employment Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims that claims, whether known or unknown, from the Releasors beginning of time through the date of Employee’s execution of this Agreement, which Employee may have as against any of the date the Executive signs this Agreement Released Parties arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”), as amended, and its implementing regulations. By signing this Agreement, the Executive Employee hereby acknowledges and confirms the following: that:
(ia) the Executive was Employee has read this Agreement in its entirety and understands all of its terms;
(b) Employee has been, and hereby is, advised by the Company in connection with his termination writing to consult with an attorney of his choice prior to signing this Agreement attorney, and to have has consulted with such attorney explain to the Executive the terms of counsel, who helped negotiate this Agreement, to the extent Employee has deemed necessary before signing this Agreement;
(c) Employee knowingly, freely, and voluntarily agrees to all of the terms and conditions set out in this Agreement including, without limitation, the terms relating to the Executive’s release of claims arising under ADEAwaiver, release, and covenants contained in it;
(d) Employee is executing this Agreement, including the Executive has waiver and release, in fact consulted with an attorney; exchange for good and valuable consideration in addition to anything of value to which Employee is otherwise entitled;
(iie) the Executive Employee was given a period of not fewer than 21 at least twenty-one (21) days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of Employee’s choice, although Employee may sign it sooner if desired. Changes to this Agreement; and , whether material or immaterial, do not restart the running of the 21-day period;
(ivf) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also Employee understands that he Employee has seven (7) days following from the date of signing this Agreement to revoke Employee’s acceptance of the Agreement, and may do so by delivering notice to the Employer in writing and directed to Exxxxxxx’s Chief Human Resources Officer. If sent by mail, any revocation must be postmarked within the 7-day period and sent by certified mail, return receipt requested. Employee understands and acknowledges that should Employee choose to revoke his acceptance of this Agreement, the Agreement as a whole will fail to become effective and Employee will not receive or be entitled to the Severance Payment; and
(g) Employee understands that Employee’s release of rights and claims arising under the ADEA does not apply to any rights and claims that may arise after the date on which he Employee signs this Agreement within which to revoke the release contained in this paragraph 2(b), by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.
Appears in 1 contract
Samples: Transition and Separation Agreement (Midland States Bancorp, Inc.)
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Employee in this Agreement, the Releasors hereby irrevocably and unconditionally release fully and forever waive, release, and discharge the Releasees Released Parties from any and all Claims that Claims, whether known or unknown, from the Releasors may have as beginning of time through the date of the date the Executive signs Employee's execution of this Agreement Agreement, arising under the Federal Age Discrimination in Employment Act of 1967(ADEA), as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)its implementing regulations. By signing this Agreement, the Executive Employee hereby acknowledges and confirms the following: that:
(i) the Executive was Employee has read this Agreement in its entirety and understands all of its terms;
(ii) by this Agreement, the Employee has been advised by the Company in connection with his termination writing to consult with an attorney of his choice prior to the Employee's choosing and has consulted with such counsel as the Employee believed was necessary before signing this Agreement Agreement;
(iii) the Employee knowingly, freely, and voluntarily agrees to have such attorney explain to the Executive all of the terms of and conditions set out in this Agreement, Agreement including, without limitation, the terms relating to the Executive’s release of claims arising under ADEAwaiver, release, and the Executive has covenants contained in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and it;
(iv) the Executive Employee is providing signing this release Agreement, including the waiver and discharge only release, in exchange for good and valuable consideration in addition to anything of value to which the Executive Employee is already otherwise entitled. The Executive also ;
(v) the Employee was given at least twenty-one (21) days to consider the terms of this Agreement and consult with an attorney of the Employee's choice, although the Employee may sign it sooner if desired and changes to this Agreement, whether material or immaterial, do not restart the running of the 21- day period;
(vi) the Employee understands that he the Employee has seven (7) days following the date on which he signs after signing this Agreement within which to revoke the release in this paragraph by delivering notice of revocation to [NAME] at the Employer Group, [EMPLOYER ADDRESS] by overnight delivery before the end of this seven-day period; and
(vii) the Employee understands that the release contained in this paragraph 2(b), by providing does not apply to rights and claims that may arise after the Company a written notice of his revocation of the release and waiver contained in Employee signs this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.
Appears in 1 contract
Samples: Executive Employment Agreement (Hudson Global, Inc.)
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment in this Agreement, the Releasors Executive hereby irrevocably and unconditionally fully and forever waive, release and forever discharge the Releasees Released Parties from any and all Claims that Claims, whether known or unknown, from the Releasors may have as beginning of time to the date of the date the Executive signs Executive’s execution of this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”), as amended, and its implementing regulations. By signing this Agreement, the Executive hereby acknowledges and confirms the followingthat: (i) the Executive was has read this Agreement in its entirety and understands all of its terms; (ii) the Executive has been advised by of and has availed him or herself of the Company in connection with his termination right to consult with an attorney of his choice prior to signing executing this Agreement; (iii) the Executive knowingly, freely and voluntarily assents to all of the terms and conditions set out in this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s waiver, release of claims arising under ADEA, and covenants contained herein; (iv) the Executive has is executing this Agreement, including the waiver and release, in fact consulted with an attorneyexchange for good and valuable consideration in addition to anything of value to which Executive is otherwise entitled; (iiv) the Executive was given a period of not fewer than 21 at least [twenty-one (21)/forty-five (45)] days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect theretoattorney, although Executive may sign it sooner if desired; (iiivi) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he or she has seven (7) days following from the date on which he Executive signs this Agreement within which to revoke the release in this paragraph by delivering notice of revocation to [NAME] at the Company, [EMPLOYER ADDRESS] by [e-mail/fax/overnight delivery/[OTHER METHOD OF DELIVERY]] before the end of such seven-day period; and (vii) the Executive understands that the release contained in this paragraph 2(b), by providing does not apply to rights and claims that may arise after the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if date on which the Executive exercises his right to revoke the release contained in signs this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.
Appears in 1 contract
Samples: Severance Agreement (Analogic Corp)
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment this Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees Trust Group, and each of their respective officers, employees, directors, trustees, shareholders and agents from any and all Claims that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder thereunder, or the Older Workers Benefit Protection Act, 29 U.S.C. §621 et. seq.; (“"ADEA”"). By signing this Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company Trust in connection with his termination to consult with an attorney of his choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s 's release of claims arising under ADEAADEA and, and the Executive has in fact consulted with an attorneyattorney or had the opportunity to do so; (ii) the Executive was given a period of not fewer than 21 twenty-one (21) days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect theretoprior to signing this Agreement; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this the release and discharge set forth in this Section 8(b) only in exchange for consideration in addition to anything of value to which the Executive is already legally entitled; and (iv) Executive knowingly and voluntarily accepts the terms of this Agreement. The release and discharge set forth in this Section 8(b) may be revoked by Executive also understands that he has by a written instrument signed by Executive and received by the Trust prior to the expiration of the seven (7) days following day period commencing on the date on which he Executive signs this Agreement, and this Agreement within which to revoke shall not become effective until the release contained in this paragraph 2(b), by providing seven day revocation period has expired without Executive exercising the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPArevoke.
Appears in 1 contract
Samples: Separation Agreement (Ramco Gershenson Properties Trust)
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment this Agreement, the Releasors Executive, on behalf of himself and the other Releasors, hereby unconditionally release releases and forever discharge discharges the Releasees from any and all Claims arising under ADEA that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)Agreement. By signing this Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company Corporation in connection with his termination to consult with an attorney of his choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 [twenty-one (21)] days to consider the terms of this Agreement and to consult with an attorney of his his/her choosing with respect thereto; (iii) having read the terms of this Agreement, the Executive understands its terms and effects, and the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled, and acknowledges such consideration is adequate and satisfactory to the Executive. The Executive also understands that he has seven (7) days following the date on which he signs this Agreement within which to revoke the release contained in this paragraph 2(b)paragraph, by providing the Company Corporation with a written notice of his revocation of the release and waiver contained in this paragraph 2(b); providedparagraph. Any revocation must be in writing and sent to [name], howevervia electronic mail at [email address], that if on or before [5:00 p.m. Pacific time] on the Executive exercises his right to revoke the release contained in seventh day after this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited is executed by the ADEA and OWBPAExecutive.]
Appears in 1 contract
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 1 This date should coincide with termination of employment and should not be filed in at the time of the signing of the employment agreement. (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company in connection with his [his] [her] termination to consult with an attorney of his [his] [her] choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his [his] [her] choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he [he] [she] has seven (7) days following the date on which he [he] [she] signs this Agreement within which to revoke the release contained in this paragraph 2(b), by providing the Company a written notice of his [his] [her] revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his [his] [her] right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him [him] [her] under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him [him] [her] and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.
Appears in 1 contract
Samples: Employment Agreement (Viacom Inc.)
Specific Release of ADEA Claims. In further consideration of the payments and benefits Separation Benefits provided to the Executive under the Employment in this Agreement, the Releasors hereby irrevocably and unconditionally fully and forever waive, release and forever discharge the Releasees from any and all Claims that claims, whether known or unknown, from the Releasors may have as beginning of time to the date the Executive signs of Executive’s execution of this Agreement arising under the Federal Older Workers’ Benefit Protection Act and the Age Discrimination in Employment Act of 1967(ADEA), as amended, including the Older Workers Benefit Protection Act of 1990 and its implementing regulations (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEAADEA Release”). By signing this Agreement, the Executive hereby acknowledges and confirms the followingthat: (i) the Executive was he has read this Agreement in its entirety and understands all of its terms; (ii) he has been advised by the Company in connection with of and has availed himself of his termination right to consult with an his attorney of his choice prior to signing executing this Agreement; (iii) he knowingly, freely and voluntarily assents to all of the terms and conditions set out in this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s waiver, release of claims arising under ADEA, and the Executive has in fact consulted with an attorneycovenants contained herein; (iiiv) he is executing this Agreement, including the Executive waiver and release, in exchange for good and valuable consideration in addition to anything of value to which he is otherwise entitled; (v) he was given a period of not fewer than 21 at least twenty-one (21) days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect theretochoice, although he may sign it sooner if desired; (iiivi) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also he understands that he has seven (7) days following from the date he signs this Agreement to revoke the ADEA release in this paragraph by delivering notice of revocation to the Director of Human Resources at the Company at the address listed for the Company above by overnight delivery before the end of such seven-day period; (vii) he understands that the release contained in this paragraph does not apply to rights and claims that may arise after the date on which he signs this Agreement within which to revoke Agreement; and (viii) in entering into this Agreement, Executive agrees and acknowledges that he is not relying on any representation, promise or inducement made by the release contained Company or its attorneys with the exception of those promises described in this paragraph 2(b), by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.
Appears in 1 contract
Samples: Confidential Separation Agreement and General Release (BOVIE MEDICAL Corp)
Specific Release of ADEA Claims. In further consideration of the payments and benefits Separation Benefits provided to the Executive under the Employment in this Agreement, the Releasors hereby irrevocably and unconditionally fully and forever waive, release and forever discharge the Releasees from any and all Claims that claims, whether known or unknown, from the Releasors may have as beginning of time to the date of the date the Executive signs Executive’s execution of this Agreement arising under the Federal Older Workers’ Benefit Protection Act and the Age Discrimination in the Employment Act of 1967(ADEA), as amended, including the Older Workers Benefit Protection Act of 1990 and its implementing regulations (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEAADEA Release”). By signing this Agreement, the Executive hereby acknowledges and confirms the followingthat: (i) the Executive was he has read this Agreement in its entirety and understands all of its terms; (ii) he has been advised by the Company in connection with of and has availed himself of his termination right to consult with an his attorney of his choice prior to signing executing this Agreement; (iii) he knowingly, freely and voluntarily assents to all of the terms and conditions set out in this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s waiver, release of claims arising under ADEA, and the Executive has in fact consulted with an attorneycovenants contained herein; (iiiv) he is executing this Agreement, including the Executive waiver and release, in exchange for good and valuable consideration in addition to anything of value to which he is otherwise entitled; (v) he was given a period of not fewer than 21 at least twenty-one (21) days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect theretochoice, although he may sign it sooner if desired; (iiivi) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also he understands that he has seven (7) days following from the date he signs this Agreement to revoke the ADEA release in this paragraph by delivering notice of revocation to the Director of Human Resources at the Company at the address listed for the Company above by overnight delivery before the end of such seven-day period; (vii) he understands that the release contained in this paragraph does not apply to rights and claims that may arise after the date on which he signs this Agreement within which to revoke the release contained Agreement; and (viii) in entering into this paragraph 2(b), by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b)Agreement, the Executive shall agrees and acknowledges that he is not be entitled to relying on any amounts paid to him under the termination provisions of the Employment Agreement and representation, promise or inducement made by the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under or its attorneys with the Employment exception of those promises described in this Agreement, except as prohibited by the ADEA and OWBPA.
Appears in 1 contract
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Employee in this Agreement, the Releasors hereby irrevocably and unconditionally release fully and forever waive, release, and discharge the Releasees Released Parties from any and all Claims that Claims, whether known or unknown, from the Releasors may have as beginning of time through the date of the date the Executive signs Employee’s execution of this Agreement arising under the Federal Age Discrimination in Employment Act of 1967(ADEA), as amended, and its implementing regulations (including but not limited to the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, the Executive Employee hereby acknowledges and confirms that:
a. the following: (i) Employee has read this Agreement in its entirety and understands all of its terms;
x. xx this Agreement, the Executive was Employee has been advised by the Company in connection with his termination writing to consult with an attorney of his choice prior to the Employee’s choosing before signing this Agreement Agreement;
c. the Employee knowingly, freely, and voluntarily agrees to have such attorney explain to the Executive all of the terms of and conditions set out in this Agreement, Agreement including, without limitation, the terms relating to the Executive’s release of claims arising under ADEAwaiver, release, and the Executive has covenants contained in fact consulted with an attorneyit; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of
d. Employee is signing this Agreement; , including the waiver and (iv) the Executive is providing this release and discharge only release, in exchange for good and valuable consideration in addition to anything of value to which the Executive Employee is already otherwise entitled. ;
e. The Executive also Employee understands that he the Employee has seven (7) days following the date on which he signs after signing this Agreement within which to revoke the release in this paragraph by delivering notice of revocation to Xxxxx Xxxxxx at the Employer Group, by email or overnight delivery before the end of this seven-day period; and
f. The Employee understands that the release contained in this paragraph 2(b), by providing does not apply to rights and claims that may arise after the Company a written notice of his revocation of the release and waiver contained in Employee signs this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA..
Appears in 1 contract
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Employee in this Agreement, the Releasors hereby irrevocably and unconditionally release waive, release, and forever discharge the Releasees Released Parties from any and all Claims that Claims, whether known or unknown, from the Releasors may have as beginning of time through the date the Executive signs of Employee's execution of this Agreement Agreement, arising under the Federal Age Discrimination in Employment Act of 1967(ADEA), as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)its implementing regulations. By signing this Agreement, the Executive Employee hereby acknowledges and confirms the following: that:
(ia) the Executive was Employee has read this Agreement in its entirety and understands all of its terms;
(b) by this Agreement Employee has been advised by the Company in connection with his termination writing to consult with an attorney of his choice prior attorney[, and has consulted with such counsel [to the extent Employee has deemed necessary]] before signing this Agreement Agreement;
(c) Employee knowingly, freely, and voluntarily agrees to have such attorney explain to the Executive all of the terms of and conditions set out in this Agreement, Agreement including, without limitation, the terms relating to the Executive’s release of claims arising under ADEAwaiver, release, and the Executive has covenants contained in fact consulted with an attorney; it;
(iid) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of Employee is executing this Agreement; , including the waiver and (iv) the Executive is providing this release and discharge only release, in exchange for good and valuable consideration in addition to anything of value to which the Executive Employee is already otherwise entitled. The Executive also ;
(e) Employee was given at least [twenty-one (21)/forty-five (45)] days to consider the terms of this Agreement and consult with an attorney of Employee's choice, although Employee may sign it sooner if desired[ and changes to this Agreement, whether material or immaterial, do not restart the running of the [21/45]-day period];
(f) Employee understands that he Employee has seven (7) days following from the date of signing this Agreement to revoke the release in this paragraph by delivering notice of revocation to [NAME] at Employer [Group], [EMPLOYER ADDRESS] by [email/fax/overnight delivery/[OTHER METHOD OF DELIVERY]] before the end of the seven-day period; and
(g) Employee understands that the release in this paragraph does not apply to rights and claims that may arise after the date on which he Employee signs this Agreement within which to revoke the release contained in this paragraph 2(b), by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.]
Appears in 1 contract
Samples: Settlement Agreement
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Employee in this Agreement, the Releasors hereby irrevocably and unconditionally release fully and forever waive, release, and discharge the Releasees Released Parties from any and all Claims that Claims, whether known or unknown, from the Releasors may have as beginning of time through the date of the date the Executive signs Employee’s execution of this Agreement Agreement, arising under the Federal Age Discrimination in Employment Act of 1967(ADEA), as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)its implementing regulations. By signing this Agreement, the Executive Employee hereby acknowledges and confirms that:
i. the following: (i) Employee has read this Agreement in its entirety and understands all of its terms;
ii. by this Agreement, the Executive was Employee has been advised by the Company in connection with his termination writing to consult with an attorney of his choice prior to the Employee’s choosing and has consulted with such counsel as the Employee believed was necessary before signing this Agreement Agreement;
iii. the Employee knowingly, freely, and voluntarily agrees to have such attorney explain to the Executive all of the terms of and conditions set out in this Agreement, Agreement including, without limitation, the terms relating to the Executive’s release of claims arising under ADEAwaiver, release, and covenants contained in it;
iv. the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of Employee is signing this Agreement; , including the waiver and (iv) the Executive is providing this release and discharge only release, in exchange for good and valuable consideration in addition to anything of value to which the Executive Employee is already otherwise entitled;
v. the Employee was given at least twenty-one (21) days to consider the terms of this Agreement and consult with an attorney of the Employee’s choice, although the Employee may sign it sooner if desired and changes to this Agreement, whether material or immaterial, do not restart the running of the 21-day period;
vi. The Executive also the Employee understands that he the Employee has seven (7) days following the date on which he signs after signing this Agreement within which to revoke the release in this paragraph by delivering notice of revocation to Dxxxx Xxxxxx, Ph.D at the Employer, by email before the end of this seven-day period; and
vii. the Employee understands that the release contained in this paragraph 2(b), by providing does not apply to rights and claims that may arise after the Company a written notice of his revocation of the release and waiver contained in Employee signs this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.
Appears in 1 contract
Samples: Separation and Release of Claims Agreement (Dragonfly Energy Holdings Corp.)
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreementor for Employee, the Releasors Employee hereby irrevocably and unconditionally release fully and forever discharge waives, releases and discharges the Releasees from any and all Claims that claims, whether known or unknown, from the Releasors may have as beginning of time to the date of the date the Executive signs Employee's execution of this Agreement arising under the Federal Age Discrimination in Employment Act of 1967("ADEA"), as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)its implementing regulations. By signing this Agreement, the Executive Employee hereby acknowledges and confirms the followingthat: (i) Employee has read this Agreement in its entirety and understands all of its terms; (ii) by this Agreement, the Executive was Employee has been advised by in writing of the Company in connection with his termination right to consult with an attorney of his choice prior the Employee's choosing before executing this Agreement; (iii) Employee knowingly. freely, and voluntarily assents to signing all of the terms and conditions set out in this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEAwaiver, release, and the Executive has promises contained in fact consulted with an attorneyit; (iiiv) Employee is executing this Agreement, including the Executive waiver and release, in exchange for good and valuable consideration in addition to anything of value to which Employee is otherwise entitled; (v) Employee was given a period of not fewer than 21 at least twenty-one (21) days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect theretoEmployee's choice, although the Employee may sign it sooner if desired and changes to this Agreement, whether material or immaterial, do not restart the running of the 21-day period; (iiivi) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also Employee understands that he Employee has seven (7) days following the date on which he signs from signing this Agreement within which to revoke this Agreement by delivering notice of revocation to Xxxxxxx Xxxxxxx, Chief Executive Officer at _____________________, by midnight on or before the seventh calendar day after the Employee signs the Agreement; and (vii) the Employee understands that the release contained in this paragraph 2(b), by providing does not apply to rights and claims that may arise after the Company a written notice of his revocation of the release and waiver contained in Employee signs this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.
Appears in 1 contract
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment this Agreement, the Releasors Executive, on behalf of himself and the other Releasors, hereby unconditionally release releases and forever discharge discharges the Releasees from any and all Claims arising under ADEA that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)Agreement. By signing this Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company Corporation in connection with his termination to consult with an attorney of his choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 twenty-one (21) days to consider the terms of this Agreement and to consult with an attorney of his his/her choosing with respect thereto; (iii) having read the terms of this Agreement, the Executive understands its terms and effects, and the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled, and acknowledges such consideration is adequate and satisfactory to the Executive. The Executive also understands that he the Executive has seven (7) days following the date on which he the Executive signs this Agreement within which to revoke the release contained in this paragraph 2(b)paragraph, by providing the Company Corporation with a written notice of his revocation of the release and waiver contained in this paragraph 2(b); providedparagraph. Any revocation must be in writing and sent to [name], howevervia electronic mail at [email address], that if on or before [5:00 p.m. Pacific time] on the Executive exercises his right to revoke the release contained in seventh day after this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited is executed by the ADEA and OWBPAExecutive.
Appears in 1 contract
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company in connection with his termination to consult with an attorney of his choice prior A-1 to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he has seven (7) days following the date on which he signs this Agreement within which to revoke the release contained in this paragraph 2(b), by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.
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Samples: Employment Agreement
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment in this Agreement, the Releasors hereby irrevocably and unconditionally fully and forever waive, release and forever discharge the Releasees from any and all Claims that Claims, whether known or unknown, from the Releasors may have as beginning of time to the date of the date the Executive signs Executive's execution of this Agreement arising under the Federal Age Discrimination in Employment Act of 1967(ADEA), as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)its implementing regulations. By signing this Agreement, the Executive hereby acknowledges and confirms the followingthat: (i) the Executive was has read this Agreement in its entirety and understands all of its terms; (ii) the Executive has been advised by the Company in connection with of and has availed himself of his termination right to consult with an his attorney of his choice prior to signing executing this Agreement; (iii) the Executive knowingly, freely and voluntarily assents to all of the terms and conditions set out in this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s waiver, release of claims arising under ADEA, and covenants contained herein; (iv) the Executive has is executing this Agreement, including the waiver and release, in fact consulted with an attorneyexchange for good and valuable consideration in addition to anything of value to which he is otherwise entitled; (iiv) the Executive was given a period of not fewer than 21 at least twenty-one (21) days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect theretochoice, although he may sign it sooner if desired; (iiivi) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he has seven (7) days following from the date on which he signs this Agreement within which to revoke the release in this paragraph by delivering notice of revocation to Mxxx Xxxxxxx, Chief Financial Officer, at the Employer Group, by e-mail/fax/overnight delivery before the end of such seven-day period; and (vii) the Executive understands that the release contained in this paragraph 2(b)does not apply to rights and claims that may arise after the date on which the Executive signs this Agreement. This Agreement shall not become effective, by providing until the Company a written notice of his revocation later of the release and waiver contained in this paragraph 2(b); provided, however, that if Separation Date of the eighth (8th) day after the Executive exercises his right and the Employer Group execute this Agreement. Such date shall be the “Effective Date” of this Agreement. No payments due to revoke the release contained in this paragraph 2(b), the Executive hereunder shall not be entitled to any amounts paid to him under made or begin before the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPAEffective Date.
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Samples: Separation and Release of Claims Agreement (R F Industries LTD)
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment AgreementPlan, the Releasors hereby unconditionally ___________________
1. The parties agree that the Company may revise the Release Agreement in light of additional statutes or claims so that the Company receives the benefit of the fullest legally permissible release of claims and may also change the timing, if required, to obtain such release. This footnote is part of the form of release and is to be removed only when the Company finalizes the Release Agreement for execution. release and forever discharge the Releasees from any and all Claims that the Releasors may have as of the date the Executive signs this Release Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Release Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company in connection with his the Executive’s termination to consult with an attorney of his Executive’s choice prior to signing this Release Agreement and to have such attorney explain to the Executive the terms of this Release Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Release Agreement and to consult with an attorney of his Executive’s choosing with respect thereto; and (iii) the Executive knowingly and voluntarily accepts the terms of this Release Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he the Executive has seven (7) days following the date on which he or she signs this Release Agreement within which to revoke the release contained in this paragraph 2(b)paragraph, by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); providedparagraph, howeverwhich notice shall be addressed to the Company’s General Counsel at the following address: Federal Agricultural Mortgage Corporation, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b)0000 X Xxxxxx, the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment AgreementX.X., except as prohibited by the ADEA and OWBPA0xx Xxxxx, Xxxxxxxxxx, XX 00000.
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Samples: Participation Agreement (Federal Agricultural Mortgage Corp)
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims arising under ADEA that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company Employer in connection with his termination to consult with an attorney of his choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, . without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he has seven (7) days following the date on which he signs this Agreement within which to revoke the release contained in this paragraph 2(b)paragraph, by providing the Company Employer with a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPAparagraph.
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Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company in connection with his termination to consult with an attorney of his choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he has seven (7) days following the date on which he signs this Agreement within which to revoke the release contained in this paragraph 2(b3(b), by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b3(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b3(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.
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Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreementyou hereunder, the Releasors you hereby unconditionally release and forever discharge the Releasees Released Parties from any and all Claims that the Releasors you may have as of the date the Executive signs you sign this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, the Executive you hereby acknowledges acknowledge and confirms confirm the following: (i) the Executive was you were advised by the Company in connection with his termination the signing of this Agreement to consult with an attorney of his your choice prior to signing this Agreement and to have such the attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s your release of claims arising under ADEA, and the Executive has you have in fact consulted with an attorney; (ii) the Executive was you were given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his your choosing with respect thereto; (iii) the Executive you knowingly and voluntarily accepts accept the terms of this Agreement; and (iv) the Executive is you are providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is you are already entitled. The Executive You also understands understand that he has you have seven (7) days following the date on which he signs you sign this Agreement within which to revoke the release contained in this paragraph 2(bSection 11(b), by providing the Company a written notice of his your revocation of the release and waiver contained in this paragraph 2(bSection 11(b); provided, however, that if the Executive exercises his you exercise your right to revoke the release contained in this paragraph 2(bSection 11(b), the Executive shall you will not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement you hereunder and the Company may reclaim any such amounts paid to him you and may terminate any benefits and payments that are subsequently due under the Employment Agreementhereunder, except as prohibited by the ADEA and OWBPA.
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