Common use of Specific Release of ADEA Claims Clause in Contracts

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: CBS Corp, www.sec.gov, Viacom Inc.

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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 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, 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 and Release, Separation Agreement and Release, Separation Agreement and Release

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 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: Paramount Global, Paramount Global, ViacomCBS Inc.

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 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 Employee under the Employment this Agreement, the Releasors Employee, on behalf of him/herself 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 Employee 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 Employee hereby acknowledges and confirms the following: (i) the Executive Employee 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 Employee the terms of this Agreement, including, without limitation, the terms relating to the ExecutiveEmployee’s release of claims arising under ADEA, and the Executive Employee has in fact consulted with an attorney; (ii) the Executive Employee was given a period of not fewer than 21 45 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 Employee knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive Employee is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive Employee is already entitled. The Executive Employee 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)paragraph, by providing the Company with 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 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 3 contracts

Samples: Change of Control Severance Agreement (Sorrento Therapeutics, Inc.), Employment Agreement, Employment Agreement (Sorrento Therapeutics, 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 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 execution of this Agreement Release 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 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; (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 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 Agreement, including the waiver and discharge only release, in exchange for good and valuable consideration in addition to anything of value to which he/she is otherwise entitled; (v) the Executive is already entitled. The was given twenty-one (21) days to consider the terms of this Release and consult with an attorney of his/her choice, although he/she may sign it sooner if desired; (vi) the Executive also understands that he he/she has seven (7) days following from the date on which he he/she signs this Agreement within which Release to revoke the release in this paragraph by delivering notice of revocation to the then Chairperson of the Compensation Committee, at the Chairperson’s e-mail address or home address as then maintained on the Company’s records 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 2 contracts

Samples: Executive Agreement (ATN International, Inc.), Executive Agreement (ATN International, 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 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 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 the Company in the manner provided by this Agreement 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 2 contracts

Samples: Severance Agreement (3d Systems Corp), Severance Agreement (3d Systems Corp)

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 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

Samples: Paramount Global

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

Samples: 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 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 provided to the Executive Employee under the Employment AgreementPlan, 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 Employee 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 Employee hereby acknowledges and confirms the following: (i) the Executive Employee was advised by the Company in connection with his Employee’s termination of employment to consult with an attorney of his Employee’s choice prior to signing this Agreement and to have such attorney explain to the Executive Employee the terms of this Agreement, including, without limitation, the terms relating to the ExecutiveEmployee’s release of claims arising under ADEA, and the Executive Employee has in fact consulted with an attorney; (ii) the Executive Employee was given a period of not fewer than 21 forty-five (45) calendar days to consider the terms of this Agreement and to consult with an attorney of his Employee’s choosing with respect thereto; and (iii) the Executive 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 Employee also understands that he Employee has seven (7) calendar days following the date on which he Employee signs this Agreement within which to revoke the release contained in this paragraph 2(bSection 1(b), by providing the Company a written notice of his Employee’s revocation of the release and waiver contained in this paragraph 2(bSection 1(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 and General Release (Belo 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 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

Samples: ViacomCBS 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

Samples: 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 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 and Release (Ramco Gershenson Properties Trust)

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

Samples: Confirming Release Agreement (Paramount Global)

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

Samples: Employment Agreement (GoodRx Holdings, 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 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: 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 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 and Release (Ramco Gershenson Properties Trust)

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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 ______________________________________ 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: Viacom 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 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 OWBPA.clauses shall be immediately forfeited. (g)

Appears in 1 contract

Samples: Letter Agreement (Microvast Holdings, 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 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

Samples: Executive Employment Agreement (Berry Corp (Bry))

Specific Release of ADEA Claims. In further consideration of the payments Separation Pay and benefits Separation Benefits provided to the Executive under the Employment you in this Agreement, the Releasors you 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 the Executive signs of your execution of this Agreement 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, including the Older Workers’ Benefit Protection Act. By signing this Agreement, the Executive you hereby acknowledges acknowledge and confirms the following: confirm that (i) the Executive was you have read this Agreement in its entirety and understand all of its terms; (ii) you have been advised by the Company in connection with his termination of and have availed yourself of your right to consult with an your attorney of his choice prior to signing executing this Agreement Agreement; (iii) you knowingly, freely and voluntarily agree to have such attorney explain to the Executive all of the terms of and conditions set out in 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) you are executing this Agreement, including the Executive was waiver and release, in exchange for good and valuable consideration in addition to anything of value to which you are otherwise entitled; (v) you were 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 theretoyour choice, although you 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 you understand that he has you have seven (7) days following from the date on which he signs you sign this Agreement within which to revoke the release in this Section by delivering notice of revocation to Xxxxx Xxxxxxxx, Vice President of Human Resources at xxxxxxxxx@xxxxxx.xxx by e-mail before the end of such seven (7)-day period; and (vii) you understand that the release contained in this paragraph 2(b)does not apply to rights and claims that may arise after the date on which you sign this Agreement. The parties agree that any changes to this Agreement, by providing whether material or not, do not restart the Company a written notice of his revocation running of the release twenty-one (21)-day period. If you sign and waiver contained do not revoke this Section, this Agreement will become effective, in its entirety, on the eighth (8th) day after you sign this paragraph 2(bAgreement (the “Effective Date”); 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 Continued Employment/Separation Agreement (Northwest Pipe Co)

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 Separation Pay and benefits Separation Benefits provided to the Executive under the Employment you in this Agreement, the Releasors you 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 the Executive signs of your execution of this Agreement 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, including the Older Workers’ Benefit Protection Act. By signing this Agreement, the Executive you hereby acknowledges acknowledge and confirms the following: confirm that (i) the Executive was you have read this Agreement in its entirety and understand all of its terms; (ii) you have been advised by the Company in connection with his termination of and have availed yourself of your right to consult with an your attorney of his choice prior to signing executing this Agreement Agreement; (iii) you knowingly, freely and voluntarily agree to have such attorney explain to the Executive all of the terms of and conditions set out in 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) you are executing this Agreement, including the Executive was waiver and release, in exchange for good and valuable consideration in addition to anything of value to which you are otherwise entitled; (v) you were 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 theretoyour choice, although you 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 you understand that he has you have seven (7) days following from the date on which he signs you sign this Agreement within which to revoke the release in this Section by delivering notice of revocation to Xxxxx Xxxxxxxx, Vice President of Human Resources at xxxxxxxxx@xxxxxx.xxx by e-mail before the end of such seven (7)-day period; and (vii) you understand that the release contained in this paragraph 2(b)does not apply to rights and claims that may arise after the date on which you sign this Agreement. The parties agree that any changes to this Agreement, by providing whether material or not, do not restart the Company a written notice of his revocation running of the release twenty-one (21)-day period. northwest pipe company If you sign and waiver contained do not revoke this Section, this Agreement will become effective, in its entirety, on the eighth (8th) day after you sign this paragraph 2(bAgreement (the “Effective Date”); 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: Restricted Stock Unit Agreement (Northwest Pipe Co)

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

Samples: 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 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

Samples: Severance 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 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.. (c)

Appears in 1 contract

Samples: www.sec.gov

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.

Appears in 1 contract

Samples: General Release (First Advantage 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 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

Samples: Separation Agreement and General Release (Apyx Medical Corp)

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

Samples: Executive Employment Agreement (Berry Corp (Bry))

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 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.

Appears in 1 contract

Samples: Confirming Release Agreement (Paramount Global)

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 (Tecumseh Products Co)

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)

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