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 Executive under the Employment Agreement, Executive, on his behalf and on behalf of the Executive Releasors, hereby unconditionally releases and forever discharges the Company Releasees from any and all Claims that the Executive or any Executive Releasor may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, Executive hereby acknowledges and confirms the following: (i) 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 Executive the terms of this Agreement, including, without limitation, the terms relating to Executive’s release of claims arising under ADEA, and Executive has in fact consulted with an attorney or chosen not to do so; (ii) Executive was given a period of 21 days following his termination date to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; and (iii) Executive knowingly and voluntarily accepts the terms of this Agreement. 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, by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph.

Appears in 10 contracts

Samples: Executive Employment Agreement (NorthStar Asset Management Group Inc.), Executive Employment Agreement (NorthStar Asset Management Group Inc.), Executive Employment Agreement (NorthStar Asset Management Group Inc.)

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Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to Executive under the Employment Agreement, Executive, on his behalf and on behalf of the Executive Releasors, Releasors hereby unconditionally releases release and forever discharges discharge the Company Releasees from any and all Claims that the Executive or any Executive Releasor 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, and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, Executive hereby acknowledges and confirms the following: (i) Executive was was, and is hereby, 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 Executive the terms of this Agreement, including, without limitation, the terms relating to Executive’s release of claims arising under ADEA, and Executive has in fact consulted with an attorney or chosen not to do soattorney; (ii) Executive was given a period of not fewer than 21 days following his termination date to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; and (iii) Executive knowingly and voluntarily accepts the terms of this Agreement; (iv) the payments and benefits provided to Executive in consideration of this release are in addition to any amounts otherwise owed to Executive; and (v) this Agreement is written in a manner designed to be understood by Executive and he understands it. 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, by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph.

Appears in 10 contracts

Samples: Employment Agreement (Rentech Nitrogen Partners, L.P.), Employment Agreement (Rentech Inc /Co/), Employment Agreement (Rentech Inc /Co/)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to Executive under the Employment Agreement, Executive, on his behalf and on behalf of the Executive Releasors, Releasors hereby unconditionally releases release and forever discharges discharge the Company Releasees from any and all Claims that the Executive or any Executive Releasor 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, and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, Executive hereby acknowledges and confirms the following: (i) 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 Executive the terms of this Agreement, including, without limitation, the terms relating to Executive’s release of claims arising under ADEA, and Executive has in fact consulted with an attorney or chosen not to do soattorney; (ii) Executive was given a period of not fewer than 21 days following his termination date to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; and (iii) Executive knowingly and voluntarily accepts the terms of this Agreement. 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, by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph.

Appears in 9 contracts

Samples: Employment Agreement (Rri Energy Inc), Employment Agreement (Mirant Corp), Employment Agreement (Mirant Corp)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to Executive under the Employment Agreement, Executive, on his behalf and on behalf of the Executive Releasors, Releasors hereby unconditionally releases release and forever discharges discharge the Company Releasees from any and all Claims that the Executive or any Executive Releasor 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, and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, Executive hereby acknowledges and confirms the following: (i) 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 Executive the terms of this Agreement, including, without limitation, the terms relating to Executive’s release of claims arising under ADEA, and Executive has in fact consulted with an attorney or chosen not to do soattorney; (ii) Executive was given a period of not fewer than 21 days following his termination date to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; and (iii) Executive knowingly and voluntarily accepts the terms of this Agreement. 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, by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph.

Appears in 9 contracts

Samples: Employment Agreement, Employment Agreement (Diametrics Medical Inc), Employment Agreement (Rentech Inc /Co/)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to Executive the Employee under the Employment Agreement, Executive, on his behalf and on behalf of the Executive Releasors, Releasors hereby unconditionally releases release and forever discharges discharge the Company Releasees from any and all Claims that the Executive or any Executive Releasor Releasors may have as of the date the Executive Employee signs this Agreement Release arising under the Federal federal Age Discrimination in Employment Act of 1967, as amended, and the applicable rules and regulations promulgated thereunder ("ADEA"). By signing this AgreementRelease, Executive the Employee hereby acknowledges and confirms the following: (i) Executive the Employee was advised by the Company in connection with his termination to consult with an attorney of his choice prior to signing this Agreement Release and to have such attorney explain to Executive the Employee the terms of this AgreementRelease, including, without limitation, the terms relating to Executive’s the Employee's release of claims arising under ADEA, and Executive has in fact consulted with an attorney or chosen not to do sounder; (ii) Executive the Employee was given a period of 21 not fewer than [21]/[45] days following his termination date to consider the terms of this Agreement Release and to consult with an attorney of his choosing with respect thereto; and (iii) Executive the Employee knowingly and voluntarily accepts the terms of this AgreementRelease; [and (iv) in accordance with the requirements of ADEA regarding an "employment termination program", the Employee was provided with the information appended hereto as Schedule 1]. Executive The Employee also understands that he has seven (7) days following the date on which he signs this Agreement Release within which to revoke the release contained in this paragraph, by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph.

Appears in 7 contracts

Samples: Employment Agreement (Klondex Mines LTD), Employment Agreement (Klondex Mines LTD), Employment Agreement (Klondex Mines LTD)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreement, Executive, on his behalf and on behalf of the Executive Releasors, Releasors hereby unconditionally releases release and forever discharges discharge the Company Releasees from any and all Claims that the Executive or any Executive Releasor 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, 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 or chosen not to do soattorney; (ii) the Executive was given a period of not fewer than 21 days following his termination date to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; and (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement. 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, by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph.

Appears in 7 contracts

Samples: Employment Agreement (First Industrial Lp), Employment Agreement (First Industrial Lp), Employment Agreement (Sunrise Senior Living Inc)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreement, Executive, on his behalf and on behalf of the Executive Releasors, Releasors hereby unconditionally releases release and forever discharges discharge the Company Releasees from any and all Claims that the Executive or any Executive Releasor 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, 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 's release of claims arising under ADEA, and the Executive has in fact consulted with an attorney or chosen not to do soattorney; (ii) the Executive was given a period of not fewer than 21 days following his termination date to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; and (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement. 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, by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph.

Appears in 5 contracts

Samples: Employment Agreement (Sunrise Senior Living Inc), Employment Agreement (Sunrise Senior Living Inc), Employment Agreement (Sunrise Senior Living Inc)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreement, Executive, on his behalf and on behalf of the Executive Releasors, Releasors hereby unconditionally releases release and forever discharges discharge the Company Releasees from any and all Claims that the Executive or any Executive Releasor 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, 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 or chosen not to do soattorney; (ii) the Executive was given a period of 21 not fewer than twenty-one (21) calendar days following his termination date to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; and (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement. The Executive also understands that he has seven (7) calendar days following the date on which he signs this Agreement within which to revoke the release contained in this paragraph, by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph.

Appears in 5 contracts

Samples: Employment Agreement (Cole Real Estate Investments, Inc.), Employment Agreement (Cole Real Estate Investments, Inc.), Employment Agreement (Cole Credit Property Trust III, Inc.)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to Executive under the Employment Severance Agreement, Executive, on his behalf and on behalf of the Executive Releasors, Releasors hereby unconditionally releases release and forever discharges discharge the Company Releasees from any and all Claims that the Executive or any Executive Releasor 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, and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, Executive hereby acknowledges and confirms the following: (i) 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 Executive the terms of this Agreement, including, without limitation, the terms relating to Executive’s release of claims arising under ADEA, and Executive has in fact consulted with an attorney or chosen not to do soattorney; (ii) Executive was given a period of 21 not fewer than twenty-one (21) calendar days following his termination date to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; and (iii) Executive knowingly and voluntarily accepts the terms of this Agreement. Executive also understands that he has seven (7) calendar days following the date on which he signs this Agreement within which to revoke the release contained in this paragraph, by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph.

Appears in 4 contracts

Samples: Severance Agreement (Forest Oil Corp), Severance Agreement (Forest Oil Corp), Severance Agreement (Forest Oil Corp)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Severance Agreement and the Employment Agreement, Executive, on his behalf and on behalf of the Executive Releasors, Releasors hereby unconditionally releases release and forever discharges discharge the Company Releasees from any and all Claims that the Executive or any Executive Releasor 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, 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 or chosen not to do soattorney; (ii) the Executive was given a period of not fewer than 21 days following his termination date to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; and (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement. 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, by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph.

Appears in 4 contracts

Samples: Severance Benefits Agreement (Washington Prime Group Inc.), Severance Benefits Agreement (Washington Prime Group Inc.), Severance Benefits Agreement (Glimcher Realty Trust)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to Executive under Section 1.2(a) or Section 5.1 of the Employment Agreement, Executiveas applicable, on his behalf and on behalf of the Executive Releasors, Releasors hereby unconditionally releases release and forever discharges discharge the Company Releasees from any and all Claims that the Executive or any Executive Releasor 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, and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, Executive hereby acknowledges and confirms the following: (i) 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 Executive the terms of this Agreement, including, without limitation, the terms relating to Executive’s release of claims arising under ADEA, and Executive has in fact consulted with an attorney or chosen not to do soattorney; (ii) Executive was given a period of 21 not fewer than twenty-one (21) calendar days following his termination date to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; and (iii) Executive knowingly and voluntarily accepts the terms of this Agreement. Executive also understands that he has seven (7) calendar days following the date on which he signs this Agreement within which to revoke the release contained in this paragraph, by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph.

Appears in 3 contracts

Samples: Employment Agreement (Carbon Natural Gas Co), Employment Agreement (Carbon Natural Gas Co), Employment Agreement (Carbon Natural Gas Co)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to Executive under the Employment Agreement, Executive, on his behalf and on behalf of the Executive Releasors, Releasors hereby unconditionally releases release and forever discharges discharge the Company Releasees from any and all Claims that the Executive or any Executive Releasor 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, and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, Executive hereby acknowledges and confirms the following: : (i) Executive was was, and is hereby, 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 Executive the terms of this Agreement, including, without limitation, the terms relating to Executive’s release of claims arising under ADEA, and Executive has in fact consulted with an attorney or chosen not to do so; attorney; (ii) Executive was given a period of 21 not fewer than twenty-one (21) days following his termination date to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; and ; (iii) Executive knowingly and voluntarily accepts the terms of this Agreement; (iv) the payments and benefits provided to Executive in consideration of this release are in addition to any amounts otherwise owed to Executive; and (v) this Agreement is written in a manner designed to be understood by Executive and he understands it. 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, by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph.

Appears in 3 contracts

Samples: Employment Agreement (Rentech Nitrogen Partners, L.P.), Employment Agreement (Rentech Nitrogen Partners, L.P.), Employment Agreement (Rentech Nitrogen Partners, L.P.)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to Executive under the Employment Severance Agreement, Executive, on his behalf and on behalf of the Executive Releasors, Releasors hereby unconditionally releases release and forever discharges discharge the Company Releasees from any and all Claims that the Executive or any Executive Releasor 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, and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, Executive hereby acknowledges and confirms the following: (i) 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 Executive the terms of this Agreement, including, without limitation, the terms relating to Executive’s release of claims arising under ADEA, and Executive has in fact consulted with an attorney or chosen not to do soattorney; (ii) Executive was given a period of 21 not fewer than twenty-one (21) days following his termination date to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; and (iii) Executive knowingly and voluntarily accepts the terms of this Agreement. 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, by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph.

Appears in 3 contracts

Samples: Change in Control Severance Benefits Agreement (Rentech Nitrogen Partners, L.P.), Change in Control Severance Benefits Agreement (Rentech Nitrogen Partners, L.P.), Change in Control Severance Benefits Agreement (Rentech Nitrogen Partners, L.P.)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to Executive the Employee under the Employment this Agreement, Executivethe Employee, on his behalf and on behalf of him/herself and the Executive other Releasors, hereby unconditionally releases and forever discharges the Company Releasees from any and all Claims arising under ADEA that the Executive or any Executive Releasor 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, and the applicable rules and regulations promulgated thereunder (“ADEA”)Agreement. By signing this Agreement, Executive the Employee hereby acknowledges and confirms the following: (i) Executive the 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 Executive the Employee the terms of this Agreement, including, without limitation, the terms relating to Executivethe Employee’s release of claims arising under ADEA, and Executive the Employee has in fact consulted with an attorney or chosen not to do soattorney; (ii) Executive the Employee was given a period of 21 not fewer than 45 days following his termination date to consider the terms of this Agreement and to consult with an attorney of his his/her choosing with respect thereto; and (iii) Executive the Employee knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Employee is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Employee is already entitled. Executive The 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, by providing the Company with a written notice of his his/her revocation of the release and waiver contained in this paragraph.

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 Severance Agreement, Executive, on his behalf and on behalf of the Executive Releasors, Releasors hereby unconditionally releases release and forever discharges discharge the Company Releasees from any and all Claims that the Executive or any Executive Releasor 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, 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 or chosen not to do soattorney; (ii) the Executive was given a period of not fewer than 21 days following his termination date to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; and (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement. 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, by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph.

Appears in 2 contracts

Samples: Severance Benefits Agreement (Washington Prime Group, L.P.), Severance Benefits Agreement (Washington Prime Group Inc.)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment AgreementPlan, Executive, on his behalf and on behalf of the Executive Releasors, Releasors hereby unconditionally releases release and forever discharges discharge the Company Releasees from any and all Claims that the Executive or any Executive Releasor 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, 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 or chosen not to do soattorney; (ii) the Executive was given a period of not fewer than 21 days following his termination date to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; and (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement. 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, by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph.

Appears in 2 contracts

Samples: Participation Agreement (Federal Agricultural Mortgage Corp), Participation Agreement (Federal Agricultural Mortgage Corp)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment in this Agreement, Executive, on his behalf the Releasors hereby irrevocably and on behalf of the Executive Releasors, hereby unconditionally releases fully and forever discharges waive, release and discharge the Company Releasees from any and all Claims that Claims, whether known or unknown, from the Executive or any Executive Releasor 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, 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 Executive the terms of this Agreement, including, without limitation, the terms relating to Executive’s waiver, release of claims arising under ADEA, and Executive has in fact consulted with an attorney or chosen not to do socovenants contained herein; (iiiv) the Executive is executing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which he is otherwise entitled; (v) the Executive was given a period of 21 at least twenty-one (21) days following his termination date 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; and (iiivi) the Executive knowingly and voluntarily accepts the terms of this Agreement. 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, by providing paragraph does not apply to rights and claims that may arise after the Company a written notice of his revocation of date on which the release and waiver contained in Executive signs this paragraphAgreement.

Appears in 2 contracts

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

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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, Executive, on his behalf and on behalf of the Executive Releasors, Releasors hereby unconditionally releases release and forever discharges discharge the Company Releasees from any and all Claims that the Executive or any Executive Releasor 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, 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 or chosen not to do soattorney; (ii) the Executive was given a period of not fewer than 21 days following his termination date to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; and (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement. 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, by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph.

Appears in 2 contracts

Samples: Employment Agreement (Care Capital Properties, Inc.), Employment Agreement (Care Capital Properties, Inc.)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreement, Executive, on his behalf and on behalf of the Executive Releasors, Releasors hereby unconditionally releases release and forever discharges discharge the Company Releasees from any and all Claims that the Executive or any Executive Releasor 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, 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 or chosen not to do soattorney; (ii) the Executive was given a period of not fewer than 21 days following his termination date to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; and (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement. 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, by providing the Company Employer a written notice of his revocation of the release and waiver contained in this paragraph.

Appears in 2 contracts

Samples: Employment Agreement (Watermark Lodging Trust, Inc.), Employment Agreement (Carey Watermark Investors 2 Inc)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to Executive under the Employment Agreement, Executive, on his her behalf and on behalf of the Executive Releasors, hereby unconditionally releases and forever discharges the Company Releasees from any and all Claims that the Executive or any Executive Releasor may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, Executive hereby acknowledges and confirms the following: (i) 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 Executive the terms of this Agreement, including, without limitation, the terms relating to Executive’s release of claims arising under ADEA, and Executive has in fact consulted with an attorney or chosen not to do so; (ii) Executive was given a period of 21 days following his her termination date to consider the terms of this Agreement and to consult with an attorney of his her choosing with respect thereto; and (iii) Executive knowingly and voluntarily accepts the terms of this Agreement. 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, by providing the Company a written notice of his her revocation of the release and waiver contained in this paragraph.

Appears in 2 contracts

Samples: Executive Employment Agreement (NorthStar Asset Management Group Inc.), Executive Employment Agreement (NorthStar Asset Management Group Inc.)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreement, Executive, on his behalf and on behalf of Succession Agreement to which the Executive Releasorsfirst became legally entitled following the Effective Date, the Releasors hereby unconditionally releases release and forever discharges discharge the Company Releasees from any and all Claims that the Executive or any Executive Releasor 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, 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 or chosen not to do soattorney; (ii) the Executive was given a period of 21 not fewer than twenty-one (21) calendar days following his termination date to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; and (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement. The Executive also understands that he has seven (7) calendar days following the date on which he signs this Agreement within which to revoke the release contained in this paragraph, by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph.

Appears in 2 contracts

Samples: Succession Agreement (Bill Barrett Corp), Succession Agreement (Bill Barrett Corp)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Retirement Agreement, Executive, on his behalf and on behalf of the Executive Releasors, Releasors hereby unconditionally releases release and forever discharges discharge the Company Releasees from any and all Claims arising under ADEA that the Executive or any Executive Releasor 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, and the applicable rules and regulations promulgated thereunder (“ADEA”)Release Agreement. By signing this Release Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company Employer in connection with his termination to consult with an attorney of his choice prior to signing this Release Agreement and to have such attorney explain to the Executive the terms of this Release Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney or chosen not to do soattorney; (ii) the Executive was given a period of 21 not fewer than twenty-one (21) days following his termination date to consider the terms of this Release Agreement and to consult with an attorney of his 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 has seven (7) days following the date on which he signs this Release Agreement within which to revoke the release contained in this paragraphRelease Agreement, by providing the Company Employer with a written notice of his revocation of the release and waiver contained in this paragraphRelease Agreement.

Appears in 1 contract

Samples: Retirement Agreement (First Advantage Corp)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreement, Executive, on his behalf and on behalf of the Executive Releasors, Releasors hereby unconditionally releases release and forever discharges discharge the Company Releasees from any and all Claims that the Executive or any Executive Releasor 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, 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 's release of claims arising under ADEA, and the Executive has in fact consulted with an attorney or chosen not to do soattorney; (ii) the Executive was given a period of not fewer than 21 days following his termination date to consider the terms of this Agreement and to consult with an attorney of his her choosing with respect thereto; and (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement. 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, by providing the Company a written notice of his her revocation of the release and waiver contained in this paragraph.

Appears in 1 contract

Samples: Employment Agreement (Sunrise Senior Living Inc)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Separation Agreement, Executive, on his behalf and on behalf of the Executive Releasors, Releasors hereby unconditionally releases release and forever discharges discharge the Company Releasees from any and all Claims that the Executive or any Executive Releasor 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, 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 or chosen not to do soattorney; (ii) the Executive was given a period of 21 not fewer than twenty-one (21) calendar days following his termination date to consider the terms of this Agreement and to consult with an attorney of his her choosing with respect thereto; and (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement. The Executive also understands that he she has seven (7) calendar days following the date on which he she signs this Agreement within which to revoke the release contained in this paragraph, by providing the Company a written notice of his her revocation of the release and waiver contained in this paragraph.

Appears in 1 contract

Samples: Separation Agreement (Dupont E I De Nemours & Co)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to Executive Ordan under the Employment Agreement and the Transition and Consulting Agreement, Executive, on his behalf and on behalf of the Executive Releasors, Releasors hereby unconditionally releases release and forever discharges discharge the Company Releasees from any and all Claims that the Executive or any Executive Releasor Releasors may have as of the date the Executive Ordan signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, Executive Ordan hereby acknowledges and confirms the following: (i) Executive Ordan 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 Executive Ordan the terms of this Agreement, including, without limitation, the terms relating to ExecutiveOrdan’s release of claims arising under ADEA, and Executive Ordan has in fact consulted with an attorney or chosen not to do soattorney; (ii) Executive Ordan was given a period of not fewer than 21 days following his termination date to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; and (iii) Executive Ordan knowingly and voluntarily accepts the terms of this Agreement. Executive Ordan 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, by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph.

Appears in 1 contract

Samples: Transition and Consulting Agreement (WP Glimcher Inc.)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreement, Executive, on his behalf and on behalf of Letter Agreement to which the Executive Releasorsfirst became legally entitled following the Effective Date, the Releasors hereby unconditionally releases release and forever discharges discharge the Company Releasees from any and all Claims that the Executive or any Executive Releasor Releasors may have as of the date the Executive signs this Agreement Release arising under the Federal federal Age Discrimination in Employment Act of 1967, as amended, and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this AgreementRelease, 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 Release and to have such attorney explain to the Executive the terms of this AgreementRelease, 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 or chosen not to do soattorney; (ii) the Executive was given a period of 21 not fewer than twenty-one (21) calendar days following his termination date to consider the terms of this Agreement Release and to consult with an attorney of his choosing with respect thereto; and (iii) the Executive knowingly and voluntarily accepts the terms of this AgreementRelease. The Executive also understands that he has seven (7) calendar days following the date on which he signs this Agreement Release within which to revoke the release contained in this paragraph, by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph; provided that any such revocation shall not affect any other provision of this Release.

Appears in 1 contract

Samples: Retirement Agreement (Vulcan Materials CO)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreement, Executive, on his behalf and on behalf of Succession Agreement to which the Executive Releasorsfirst becomes legally entitled following the Effective Date, the Releasors hereby unconditionally releases release and forever discharges discharge the Company Releasees from any and all Claims that the Executive or any Executive Releasor 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, 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 or chosen not to do soattorney; (ii) the Executive was given a period of 21 not fewer than twenty-one (21) calendar days following his termination date to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; and (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement. The Executive also understands that he has seven (7) calendar days following the date on which he signs this Agreement within which to revoke the release contained in this paragraph, by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph.

Appears in 1 contract

Samples: Succession Agreement (Brinks Co)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreement, Executive, on his behalf and on behalf of the Executive Releasors, Releasors hereby unconditionally releases release and forever discharges discharge the Company Releasees from any and all Claims that the Executive or any Executive Releasor 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, 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 's release of claims arising under ADEA, and the Executive has in fact consulted with an attorney or chosen not to do soattorney; (ii) the Executive was given a period of 21 not fewer than twenty-one (21) calendar days following his termination date to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; and (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement. The Executive also understands that he has seven (7) calendar days following the date on which he signs this Agreement within which to revoke the release contained in this paragraph, by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph.

Appears in 1 contract

Samples: Employment Agreement (Macerich Co)

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