Common use of Specific Release of ADEA Claims Clause in Contracts

Specific Release of ADEA Claims. In further consideration of the severance payments provided to the Associate in this Agreement, the Associate hereby irrevocably and unconditionally fully and forever waive, release and discharge the Releasees from any and all claims, whether known or unknown, from the beginning of time to the date of the Associate’s execution of this Agreement arising under the ADEA, as amended, and its implementing regulations. By signing this Agreement, the Associate hereby acknowledges and confirms that: (i) the Associate has read this Agreement in its entirety and understands all of its terms; (ii) the Associate has been advised of and has availed himself/herself of the Associate’s right to consult with an attorney prior to executing this Agreement; (iii) the Associate knowingly, freely and voluntarily assents to all of the terms and conditions set out in this Agreement including, without limitation, the waiver, release and covenants contained herein; (iv) the Associate is executing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Associate is otherwise entitled; (v) the Associate was given at least forty-five (45) days to consider the terms of this Agreement and consult with an attorney of the Associate’s choice, although Associate may sign it sooner if desired; (vi) the Associate understands that the Associate has seven (7) days from the date that the Associate signs this Agreement to revoke the release in this paragraph by delivering notice of revocation to: Xxxx Xxxxxx, Human Resources Director, at The ExOne Company, 000 Xxxxxxxx Xxxx, Xxxxx Xxxxxxxxxx, XX 00000, by overnight delivery before the end of such seven-day period; and (vii) the Associate understands that the release contained in this paragraph does not apply to rights and claims that may arise after the date on which the Associate signs this Agreement. This Agreement shall not become effective, until the eighth (8th) day after the Associate and the Company execute this Agreement, provided the Associate does not revoke the Associate’s acceptance within the revocation period outlined herein. Such date shall be the Effective Date of this Agreement. No payments due to the Associate hereunder shall be made or begin before the Effective Date.

Appears in 1 contract

Samples: Confidential Separation and Release Agreement (ExOne Co)

AutoNDA by SimpleDocs

Specific Release of ADEA Claims. In further consideration of the severance payments and benefits provided to Executive in the Associate in this Separation Agreement, the Associate Executive hereby irrevocably and unconditionally fully and forever waivewaives, release releases and discharge discharges the Releasees Company from any and all claims, whether known or unknown, from the beginning of time to the date of the Associate’s execution of this Agreement Release arising under the Age Discrimination in Employment Act of 1967 (“ADEA”), as amended, and its implementing regulations. By signing this AgreementRelease, the Associate Executive hereby acknowledges and confirms that: (i) the Associate Executive has read this Agreement Release in its entirety and understands understand all of its terms; (ii) the Associate Executive has been advised of and has availed himself/herself of the Associate’s her right to consult with an her attorney prior to executing this AgreementRelease; (iii) the Associate Executive knowingly, freely and voluntarily assents to all of the terms and conditions set out in this Agreement Release including, without limitation, the waiver, release and any covenants contained herein; (iv) the Associate Executive is executing this Agreement, including the waiver and release, Release in exchange for good and valuable consideration in addition to anything of value to which the Associate Executive is otherwise entitled; (v) the Associate Executive was given at least fortytwenty-five one (4521) days to consider the terms of this Agreement Release and consult with an attorney of the Associate’s her choice, although Associate she may sign it sooner if desired; (vi) the Associate Executive understands that the Associate has she have seven (7) days from the date that the Associate she signs this Agreement Release to revoke the release in this paragraph Release by delivering written notice of revocation to: Xxxx Xxxxxxto Xxxxx Xxxxxxxx, Senior Vice President, Human Resources DirectorResources, at The ExOne the address of the Company, 000 Xxxxxxxx 0000 Xxxxxxxxxx Xxxx, Xxxxx XxxxxxxxxxXxxxx, XX Xxxxxxxx 00000, by overnight delivery before the end of such seven-day period; and (vii) the Associate Executive understands that the release contained in this paragraph Release does not apply to rights and claims under the ADEA or the Older Workers Benefits Protection Act that may arise after the date on which the Associate signs you sign this AgreementRelease. This Agreement Release shall not become effective, effective until the eighth (8th) day after following Executive’s execution of it (the Associate and the Company execute this Agreement, provided the Associate does not revoke the Associate’s acceptance within the revocation period outlined herein. Such date shall be the Effective Date of this Agreement. No payments due to the Associate hereunder shall be made or begin before the Effective Date”).

Appears in 1 contract

Samples: Confidential (Inovalon Holdings, Inc.)

Specific Release of ADEA Claims. In further consideration of the severance payments and benefits provided to the Associate Executive in this Agreement, the Associate Executive hereby irrevocably and unconditionally fully and forever waive, release and discharge the Releasees Released Parties from any and all claimsClaims, whether known or unknown, from the beginning of time to the date of the AssociateExecutive’s execution of this Agreement arising under the Age Discrimination in Employment Act (“ADEA”), as amended, and its implementing regulations. By signing this Agreement, the Associate Executive hereby acknowledges and confirms that: (i) the Associate Executive has read this Agreement in its entirety and understands all of its terms; (ii) the Associate Executive has been advised of and has availed himself/him or herself of the Associate’s right to consult with an attorney prior to executing this Agreement; (iii) the Associate Executive knowingly, freely and voluntarily assents to all of the terms and conditions set out in this Agreement including, without limitation, the waiver, release and covenants contained herein; (iv) the Associate 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 the Associate Executive is otherwise entitled; (v) the Associate Executive was given at least forty[twenty-one (21)/forty-five (45) )] days to consider the terms of this Agreement and consult with an attorney of the Associate’s choiceattorney, although Associate Executive may sign it sooner if desired; (vi) the Associate Executive understands that the Associate he or she has seven (7) days from the date that the Associate Executive signs this Agreement to revoke the release in this paragraph by delivering notice of revocation to: Xxxx Xxxxxx, Human Resources Director, to [NAME] at The ExOne the Company, 000 Xxxxxxxx Xxxx, Xxxxx Xxxxxxxxxx, XX 00000, [EMPLOYER ADDRESS] by [e-mail/fax/overnight delivery delivery/[OTHER METHOD OF DELIVERY]] before the end of such seven-day period; and (vii) the Associate Executive understands that the release contained in this paragraph does not apply to rights and claims that may arise after the date on which the Associate Executive signs this Agreement. This Agreement shall not become effective, until the eighth (8th) day after the Associate and the Company execute this Agreement, provided the Associate does not revoke the Associate’s acceptance within the revocation period outlined herein. Such date shall be the Effective Date of this Agreement. No payments due to the Associate hereunder shall be made or begin before the Effective Date.

Appears in 1 contract

Samples: Severance Agreement (Analogic Corp)

Specific Release of ADEA Claims. In further consideration of the severance payments and benefits provided to the Associate in this Agreementyou hereunder, the Associate you hereby irrevocably and unconditionally fully release and forever waive, release and discharge the Releasees Released Parties from any and all claims, whether known or unknown, from the beginning Claims that you may have as of time to the date of the Associate’s execution of you sign this Agreement arising under the ADEAFederal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and its implementing regulationsthe applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, you hereby acknowledge and confirm the Associate hereby acknowledges and confirms thatfollowing: (i) you were advised by the Associate has read Company in connection with the signing of this Agreement in its entirety and understands all of its terms; (ii) the Associate has been advised of and has availed himself/herself of the Associate’s right to consult with an attorney of your choice prior to executing signing this Agreement and to have the attorney explain the terms of this Agreement; (iii) the Associate knowingly, freely and voluntarily assents to all of the terms and conditions set out in this Agreement including, without limitation, the waiverterms relating to your release of claims arising under ADEA, release and covenants contained hereinyou have in fact consulted with an attorney; (ii) 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 your choosing with respect thereto; (iii) you knowingly and voluntarily accept the terms of this Agreement; and (iv) the Associate is executing you are providing this Agreement, including the waiver release and release, discharge only in exchange for good and valuable consideration in addition to anything of value to which the Associate is otherwise you are already entitled; (v) the Associate was given at least forty-five (45) days to consider the terms of this Agreement and consult with an attorney of the Associate’s choice, although Associate may sign it sooner if desired; (vi) the Associate understands . You also understand that the Associate has you have seven (7) days from following the date that the Associate signs on which you sign this Agreement within which to revoke the release in this paragraph by delivering notice of revocation to: Xxxx Xxxxxx, Human Resources Director, at The ExOne Company, 000 Xxxxxxxx Xxxx, Xxxxx Xxxxxxxxxx, XX 00000, by overnight delivery before the end of such seven-day period; and (vii) the Associate understands that the release contained in this paragraph does Section 11(b), by providing the Company a written notice of your revocation of the release and waiver contained in this Section 11(b); provided, however, that if you exercise your right to revoke the release contained in this Section 11(b), you will not apply be entitled to rights and claims that may arise after the date on which the Associate signs this Agreement. This Agreement shall not become effective, until the eighth (8th) day after the Associate any amounts paid to you hereunder and the Company execute this Agreementmay reclaim any amounts paid to you and may terminate any benefits and payments that are subsequently due hereunder, provided except as prohibited by the Associate does not revoke the Associate’s acceptance within the revocation period outlined herein. Such date shall be the Effective Date of this Agreement. No payments due to the Associate hereunder shall be made or begin before the Effective DateADEA and OWBPA.

Appears in 1 contract

Samples: Letter Agreement (WebMD Health Corp.)

Specific Release of ADEA Claims. In further consideration of the severance payments and benefits provided to the Associate you in this Agreement, the Associate you hereby irrevocably and unconditionally fully and forever waive, release and discharge the Releasees Company from any and all claims, whether known or unknown, from the beginning of time to the date of the Associate’s your execution of this Agreement arising under the Age Discrimination in Employment Act of 1967 (ADEA), as amended, and its implementing regulations. By signing this Agreement, the Associate you hereby acknowledges acknowledge and confirms confirm that: (i) the Associate has you have read this Agreement in its entirety and understands understand all of its terms; (ii) you have been provided with information, attached hereto, as to the Associate has ages and job titles of individuals selected for the program in the decisional unit and the ages of individuals in the same job classification not selected for participation under the program; (iii) you have been advised of and has have availed himself/herself yourself of the Associate’s your right to consult with an your attorney prior to executing this Agreement; (iiiiv) the Associate you knowingly, freely and voluntarily assents assent to all of the terms and conditions set out in this Agreement including, without limitation, the waiver, release and covenants contained herein; (ivv) the Associate is you are executing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Associate is you are otherwise entitled; (vvi) the Associate was you were given at least fortytwenty-five one (4521) days to consider the terms of this Agreement and consult with an attorney of the Associate’s your choice, although Associate you may sign it sooner if desired; (vivii) the Associate understands you understand that the Associate has you have seven (7) days from the date that the Associate signs you sign this Agreement to revoke the release in this paragraph by delivering written notice of revocation to: Xxxx Xxxxxxto Xxxxx Xxxxxxxx, Vice President, Human Resources DirectorResources, at The ExOne the address of the Company, 000 Xxxxxxxx 0000 Xxxxxxxxxx Xxxx, Xxxxx XxxxxxxxxxXxxxx, XX Xxxxxxxx 00000, by overnight delivery before the end of such seven-day period; and (viiviii) the Associate understands you understand that the release contained in this paragraph does not apply to rights and claims under the ADEA or the Older Workers Benefits Protection Act that may arise after the date on which the Associate signs you sign this Agreement. This Agreement shall not become effective, until the eighth (8th) day after the Associate and the Company execute this Agreement, provided the Associate does not revoke the Associate’s acceptance within the revocation period outlined herein. Such date shall be the Effective Date of this Agreement. No payments due to the Associate hereunder shall be made or begin before the Effective Date.

Appears in 1 contract

Samples: Confidential (Inovalon Holdings, Inc.)

Specific Release of ADEA Claims. In further consideration of the severance payments benefits provided to the Associate in this Agreement, the Associate you hereby irrevocably and unconditionally fully and forever waive, release and discharge the Releasees Released Parties from any and all claims, whether known or unknown, from the beginning of time to the date of the Associate’s your execution of this Agreement Agreement, arising under the Age Discrimination in Employment Act (“ADEA”), as amended, and its implementing regulations, including the Older Workers’ Benefit Protection Act. By signing this Agreement, the Associate you hereby acknowledges acknowledge and confirms that: confirm that (i) the Associate has you have read this Agreement in its entirety and understands understand all of its terms; (ii) the Associate has you have been advised of and has have availed himself/herself yourself of the Associate’s your right to consult with an your attorney prior to executing this Agreement; (iii) the Associate you knowingly, freely and voluntarily assents agree to all of the terms and conditions set out in this Agreement Agreement, including, without limitation, the waiver, release and covenants contained herein; (iv) the Associate is you are executing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Associate is you are otherwise entitled; (v) the Associate was you were given at least fortytwenty-five one (4521) days to consider the terms of this Agreement and consult with an attorney of the Associate’s your choice, although Associate you may sign it sooner if desired; (vi) the Associate understands you understand that the Associate has you have seven (7) days from the date that the Associate signs you sign this Agreement to revoke the release in this paragraph Section by delivering notice of revocation to: Xxxx Xxxxxx, Human Resources Director, at The ExOne Company, 000 Xxxxxxxx Xxxx, Xxxxx Xxxxxxxxxx, XX 00000, to the Chairman of the Board of Directors of the Company by overnight delivery e-mail before the end of such seven-day seven (7)-day period; and (vii) the Associate understands you understand that the release contained in this paragraph does not apply to rights and claims that may arise after the date on which the Associate signs you sign this Agreement. This The parties agree that any changes to this Agreement, whether material or not, do not restart the running of the twenty-one (21)-day period. If you sign and do not revoke this Section, this Agreement shall not will become effective, until in its entirety, on the eighth (8th) day after you sign this Agreement (the Associate and the Company execute this Agreement, provided the Associate does not revoke the Associate’s acceptance within the revocation period outlined herein. Such date shall be the Effective Date of this Agreement. No payments due to the Associate hereunder shall be made or begin before the Effective Date”).

Appears in 1 contract

Samples: Lazydays Holdings, Inc.

Specific Release of ADEA Claims. In further consideration of the severance payments benefits provided to the Associate in this Agreement, the Associate you hereby irrevocably and unconditionally fully and forever waive, release and discharge the Releasees Released Parties from any and all claims, whether known or unknown, from the beginning of time to the date of the Associate’s your execution of this Agreement Agreement, arising under the Age Discrimination in Employment Act (“ADEA”), as amended, and its implementing regulations, including the Older Workers’ Benefit Protection Act. By signing this Agreement, the Associate you hereby acknowledges acknowledge and confirms that: confirm that (i) the Associate has you have read this Agreement in its entirety and understands understand all of its terms; (ii) the Associate has you have been advised of and has have availed himself/herself yourself of the Associate’s your right to consult with an your attorney prior to executing this Agreement; (iii) the Associate you knowingly, freely and voluntarily assents agree to all of the terms and conditions set out in this Agreement Agreement, including, without limitation, the waiver, release and covenants contained herein; (iv) the Associate is you are executing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Associate is you are otherwise entitled; (v) the Associate was you were given at least fortytwenty-five one (4521) days to consider the terms of this Agreement and consult with an attorney of the Associate’s your choice, although Associate you may sign it sooner if desired; (vi) the Associate understands you understand that the Associate has you have seven (7) days from the date that the Associate signs you sign this Agreement to revoke the release in this paragraph Section by delivering notice of revocation to: Xxxx Xxxxxx, Human Resources Director, at The ExOne Company, 000 Xxxxxxxx Xxxx, Xxxxx Xxxxxxxxxx, XX 00000, to the Chair of the Board of Directors of the Company by overnight delivery e-mail before the end of such seven-day seven (7)-day period; and (vii) the Associate understands you understand that the release contained in this paragraph does not apply to rights and claims that may arise after the date on which the Associate signs you sign this Agreement. This The parties agree that any changes to this Agreement, whether material or not, do not restart the running of the twenty-one (21)-day period. If you sign and do not revoke this Section, this Agreement shall not will become effective, until in its entirety, on the eighth (8th) day after you sign this Agreement (the Associate and the Company execute this Agreement, provided the Associate does not revoke the Associate’s acceptance within the revocation period outlined herein. Such date shall be the Effective Date of this Agreement. No payments due to the Associate hereunder shall be made or begin before the Effective Date”).

Appears in 1 contract

Samples: Transitional Work and Employment Separation Agreement (Lazydays Holdings, Inc.)

Specific Release of ADEA Claims. In further consideration of the severance payments and benefits provided to the Associate Employee in this AgreementRelease, the Associate Releasors hereby irrevocably and unconditionally fully and forever waive, release and discharge the Releasees from any and all claimsClaims, whether known or unknown, from the beginning of time to the date of the AssociateEmployee’s execution of this Agreement Release arising under the Age Discrimination in Employment Act (“ADEA”), as amended, and its implementing regulations. By signing this AgreementRelease, the Associate Employee hereby acknowledges and confirms that: (i) the Associate Employee has read this Agreement Release in its entirety and understands all of its terms; (ii) the Associate Employee has been advised of and has availed himselfhim/herself of the AssociateEmployee’s right to consult with an Employee’s attorney prior to executing this AgreementRelease; (iii) the Associate Employee knowingly, freely and voluntarily assents to all of the terms and conditions set out in this Agreement Release including, without limitation, the waiver, release and covenants contained herein; (iv) the Associate Employee is executing this AgreementRelease, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Associate Employee is otherwise entitled; (v) the Associate Employee was given at least forty[twenty-one (21)/forty-five (45) )] days to consider the terms of this Agreement Release and consult with an attorney of the AssociateEmployee’s choice, although Associate Employee may sign it sooner if desired; (vi) the Associate Employee understands that the Associate Employee has seven (7) days from the date that the Associate Employee signs this Agreement Release to revoke the release in this paragraph by delivering notice of revocation to: Xxxx Xxxxxxto [NAME] at the Employer, Human Resources Director, at The ExOne Company, 000 Xxxxxxxx Xxxx, Xxxxx Xxxxxxxxxx, XX 00000, [EMPLOYER ADDRESS] by e-mail/fax/overnight delivery before the end of such seven-day seven (7)-day period; and (vii) the Associate Employee understands that the release contained in this paragraph does not apply to rights and claims that may arise after the date on which the Associate Employee signs this Agreement. This Agreement shall not become effective, until the eighth (8th) day after the Associate and the Company execute this Agreement, provided the Associate does not revoke the Associate’s acceptance within the revocation period outlined herein. Such date shall be the Effective Date of this Agreement. No payments due to the Associate hereunder shall be made or begin before the Effective DateRelease.

Appears in 1 contract

Samples: Employment Agreement (Berry Corp (Bry))

Specific Release of ADEA Claims. In further consideration of the severance payments and benefits provided to the Associate Executive in this Agreement, the Associate Releasors hereby irrevocably and unconditionally fully and forever waive, release and discharge the Releasees from any and all claimsClaims, whether known or unknown, from the beginning of time to the date of the Associate’s Executive's execution of this Agreement arising under the Age Discrimination in Employment Act (ADEA), as amended, and its implementing regulations. By signing this Agreement, the Associate Executive hereby acknowledges and confirms that: (i) the Associate Executive has read this Agreement in its entirety and understands all of its terms; (ii) the Associate Executive has been advised of and has availed himself/herself himself of the Associate’s his right to consult with an his attorney prior to executing this Agreement; (iii) the Associate Executive knowingly, freely and voluntarily assents to all of the terms and conditions set out in this Agreement including, without limitation, the waiver, release and covenants contained herein; (iv) the Associate 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 the Associate he is otherwise entitled; (v) the Associate Executive was given at least fortytwenty-five one (4521) days to consider the terms of this Agreement and consult with an attorney of the Associate’s his choice, although Associate he may sign it sooner if desired; (vi) the Associate Executive understands that the Associate he has seven (7) days from the date that the Associate he signs this Agreement to revoke the release in this paragraph by delivering notice of revocation to: Xxxx Xxxxxxto Mxxx Xxxxxxx, Human Resources DirectorChief Financial Officer, at The ExOne Company, 000 Xxxxxxxx Xxxx, Xxxxx Xxxxxxxxxx, XX 00000the Employer Group, by e-mail/fax/overnight delivery before the end of such seven-day period; and (vii) the Associate Executive understands that the release contained in this paragraph does not apply to rights and claims that may arise after the date on which the Associate Executive signs this Agreement. This Agreement shall not become effective, until the later of the Separation Date of the eighth (8th) day after the Associate Executive and the Company Employer Group execute this Agreement, provided the Associate does not revoke the Associate’s acceptance within the revocation period outlined herein. Such date shall be the Effective Date Date” of this Agreement. No payments due to the Associate Executive hereunder shall be made or begin before the Effective Date.

Appears in 1 contract

Samples: Separation and Release of Claims Agreement (R F Industries LTD)

Specific Release of ADEA Claims. In further consideration of the severance payments provided to Separation Pay identified in the Associate in this Agreement, the Associate you hereby irrevocably and unconditionally fully and forever waive, release release, and discharge the Releasees Released Parties from any and all claims, whether known or unknown, from the beginning of time to the date of the Associate’s your execution of this Agreement Agreement, arising under the Age Discrimination in Employment Act (“ADEA”), as amended, and its implementing regulations, including the Older Workers’ Benefit Protection Act. By signing this Agreement, the Associate you hereby acknowledges acknowledge and confirms that: confirm that (i) the Associate has you have read this Agreement in its entirety and understands understand all of its terms; (ii) the Associate has you have been advised of and has availed himself/herself of the Associate’s your right to consult with an your attorney prior to executing this Agreement; (iii) the Associate you knowingly, freely and voluntarily assents agree to all of the terms and conditions set out in this Agreement Agreement, including, without limitation, the waiver, release and covenants contained herein; (iv) the Associate is you are executing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Associate is you are otherwise entitled; (v) the Associate was you were given at least fortytwenty-five one (4521) days to consider the terms of this Agreement and consult with an attorney of the Associate’s your choice, although Associate you may sign it sooner if desired; (vi) the Associate understands you understand that the Associate has you have seven (7) days from the date that the Associate signs you sign this Agreement to revoke the release in this paragraph by delivering notice of revocation to: Xxxx Xxxxxx, Human Resources Director, at The ExOne Company, 000 Xxxxxxxx Xxxx, Xxxxx Xxxxxxxxxx, XX 00000, by overnight delivery to Chair of the Board of Directors of the Company before the end of such seven-day seven (7)-day period; and (vii) the Associate understands you understand that the release contained in this paragraph does not apply to rights and claims that may arise after the date on which the Associate signs you sign this Agreement. This Agreement shall not become effective, until the eighth (8th) day after the Associate and the Company execute The parties agree that any changes to this Agreement, provided whether material or not, do not restart the Associate does running of the twenty-one (21)-day period. If you sign and do not revoke the Associate’s acceptance within the revocation period outlined herein. Such date shall be the Effective Date of this Agreement. No payments due to , it will become effective on the Associate hereunder shall be made or begin before the 8th day after you sign (“Supplemental Release Effective Date”).

Appears in 1 contract

Samples: Transitional Work and Employment Separation Agreement (Lazydays Holdings, Inc.)

Specific Release of ADEA Claims. In further consideration of the severance payments and benefits provided to the Associate Executive in this Agreement, the Associate Releasors hereby irrevocably and unconditionally fully and forever waive, release and discharge the Releasees from any and all claimsClaims, whether known or unknown, from the beginning of time to the date of the AssociateExecutive’s execution of this Agreement arising under the Age Discrimination in Employment Act (ADEA), as amended, and its implementing regulations. By signing this Agreement, the Associate Executive hereby acknowledges and confirms that: (i) the Associate Executive has read this Agreement in its entirety and understands all of its terms; (ii) the Associate Executive has been advised of and has availed himself/herself of the Associate’s her right to consult with an her attorney prior to executing this Agreement; (iii) the Associate Executive knowingly, freely and voluntarily assents to all of the terms and conditions set out in this Agreement including, without limitation, the waiver, release and covenants contained herein; (iv) the Associate 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 the Associate she is otherwise entitled; (v) the Associate Executive was given at least fortytwenty-five one (4521) days to consider the terms of this Agreement and consult with an attorney of the Associate’s her choice, although Associate she may sign it sooner if desired; (vi) the Associate Executive understands that the Associate she has seven (7) days from the date that the Associate she signs this Agreement to revoke the release in this paragraph by delivering notice of revocation to: Xxxx Xxxxxx, Human Resources Director, at The ExOne Company, 000 Xxxxxxxx Xxxx, Xxxxx Xxxxxxxxxx, XX 00000, to the Company in the manner provided by overnight delivery this Agreement before the end of such seven-day period; and (vii) the Associate Executive understands that the release contained in this paragraph does not apply to rights and claims that may arise after the date on which the Associate Executive signs this Agreement. This Agreement shall not become effective, until the eighth (8th) day after the Associate and the Company execute this Agreement, provided the Associate does not revoke the Associate’s acceptance within the revocation period outlined herein. Such date shall be the Effective Date of this Agreement. No payments due to the Associate hereunder shall be made or begin before the Effective Date.

Appears in 1 contract

Samples: Severance Agreement (3d Systems Corp)

Specific Release of ADEA Claims. In further consideration of the severance payments and benefits provided to the Associate Employee in this Agreement, the Associate Releasors hereby irrevocably and unconditionally fully and forever waive, release and discharge the Releasees from any and all claimsClaims, whether known or unknown, from the beginning of time to the date of the AssociateEmployee’s execution of this Agreement arising under the ADEA, as amended, and its implementing regulations. By signing this Agreement, the Associate Employee hereby acknowledges and confirms that: (i) the Associate Employee has read this Agreement in its entirety and understands all of its terms; (ii) the Associate Employee has been advised of and has availed himself/herself himself of the AssociateEmployee’s right to consult with an Employee’s attorney prior to executing this Agreement; (iii) the Associate Employee knowingly, freely and voluntarily assents to all of the terms and conditions set out in this Agreement including, without limitation, including the waiver, release and covenants contained herein; (iv) the Associate Employee is executing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Associate Employee is otherwise entitled; (v) the Associate Employee was given at least forty-five (45) 21 days to consider the terms of this Agreement and consult with an attorney of the AssociateEmployee’s choice, although Associate Employee may sign it sooner if desired; (vi) the Associate Employee understands that the Associate Employee has seven (7) days from the date that the Associate Employee signs this Agreement to revoke the release in this paragraph by delivering notice of revocation to: Xxxx Xxxxxxto Xxxxxxx Xxxxx, Human Resources DirectorGeneral Counsel at Lilis Energy, at The ExOne Company, 000 Xxxxxxxx Xxxx, Xxxxx Xxxxxxxxxx, XX 00000Inc., by overnight delivery e-mail at XXxxxx@xxxxxxxxxxx.xxx, before the end of such seven-day period; and (vii) the Associate Employee understands that the release contained in this paragraph does not apply to rights and claims that may arise after the date on which the Associate Employee signs this Agreement. This Agreement shall not become effective, until the eighth (8th) day after the Associate and the Company execute this Agreement, provided the Associate does not revoke the Associate’s acceptance within the revocation period outlined herein. Such date shall be the Effective Date of this Agreement. No payments due to the Associate hereunder shall be made or begin before the Effective Date.

Appears in 1 contract

Samples: Separation and Release of Claims Agreement (Lilis Energy, Inc.)

Specific Release of ADEA Claims. In further consideration of the severance payments and benefits provided to the Associate Employee in this AgreementRelease, the Associate Releasors hereby irrevocably and unconditionally fully and forever waive, release and discharge the Releasees from any and all claimsClaims, whether known or unknown, from the beginning of time to the date of the AssociateEmployee’s execution of this Agreement Release arising under the Age Discrimination in Employment Act (ADEA), as amended, and its implementing regulations. By signing this AgreementRelease, the Associate Employee hereby acknowledges and confirms that: (ia) the Associate Employee has read this Agreement Release in its entirety and understands all of its terms; (iib) the Associate Employee has been A-2 US-LEGAL-12547451 Exhibit 10.1 advised of and has availed himself/herself himself of the AssociateEmployee’s right to consult with an Employee’s attorney prior to executing this AgreementRelease; (iiic) the Associate Employee knowingly, freely and voluntarily assents to all of the terms and conditions set out in this Agreement Release including, without limitation, the waiver, release and covenants contained herein; (ivd) the Associate Employee is executing this AgreementRelease, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Associate Employee is otherwise entitled; (ve) the Associate Employee was given at least fortytwenty-five one (4521) days to consider the terms of this Agreement Release and consult with an attorney of the AssociateEmployee’s choice, although Associate Employee may sign it sooner if desired; (vif) the Associate Employee understands that the Associate he has seven (7) days from the date that the Associate he signs this Agreement Release to revoke the release in this paragraph by delivering notice of revocation to: Xxxx Xxxxxx, Human Resources Director, to Xxxxx Xxxxxxx at The ExOne CompanyPrivia, 000 Xxxxxxxx XxxxX. Xxxxx Xx., Xxxxx XxxxxxxxxxSte. 700, XX 00000Arlington, VA 22203 by overnight delivery electronic mail at xxxxx.xxxxxxx@xxxxxxxxxxxx.xxx] before the end of such seven-day period; and (viig) the Associate Employee understands that the release contained in this paragraph does not apply to rights and claims that may arise after the date on which the Associate Employee signs this Agreement. This Agreement shall not become effective, until the eighth (8th) day after the Associate and the Company execute this Agreement, provided the Associate does not revoke the Associate’s acceptance within the revocation period outlined herein. Such date shall be the Effective Date of this Agreement. No payments due to the Associate hereunder shall be made or begin before the Effective DateRelease.

Appears in 1 contract

Samples: Letter Agreement (Privia Health Group, Inc.)

Specific Release of ADEA Claims. In further consideration of the severance payments and benefits provided to the Associate in you by this Agreement, the Associate Releasors hereby irrevocably and unconditionally fully release and forever waive, release and discharge the Releasees Released Parties from any and all claims, whether known or unknown, from Claims that the beginning Releasors may have as of time to the date of the Associate’s execution of you sign this Agreement arising under the ADEA, as amended, and its implementing regulations. By signing this Agreement, the Associate you hereby acknowledges acknowledge and confirms confirm that: (i) the Associate has read this Agreement in its entirety and understands all connection with your termination of its terms; (ii) the Associate has employment, you have been advised of and has availed himself/herself of by the Associate’s right Company to consult with an attorney prior of your choice before signing this Agreement to executing this Agreement; (iii) have the Associate knowingly, freely and voluntarily assents to all of attorney explain the terms and conditions set out in this Agreement including, without limitation, the waiver, release and covenants contained herein; (iv) the Associate is executing effect of signing this Agreement, including your release of claims under the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Associate is otherwise entitledADEA; (vii) the Associate was you were given at least fortyno less than twenty-five one (4521) days to consider the terms of this the Agreement and consult with an attorney of the Associate’s your choice, although Associate you may sign it sooner if desired; (viiii) the Associate understands you are providing this release in exchange for consideration in addition to that the Associate has which you are already entitled; (iv) you understand that you have seven (7) days from the date that the Associate signs of signing this Agreement to revoke your acceptance by providing the Company with a written notice of your revocation of the release and waiver contained in this paragraph by delivering notice of revocation to: Xxxx Xxxxxx, Human Resources DirectorSection to the Company’s General Counsel, at The ExOne Company, the following address: 000 Xxxxxxxx Xxx, Xxxxxxx Xxxx, Xxxxx Xxxxxxxxxx, XX Xxxxxxxxxx 00000, by overnight delivery before the end of such seven-day period; and (viiv) you understand that this Agreement shall not be effective until this revocation period has expired, which shall be the Associate understands that 8th day after you execute it (the “Effective Date”); (vi) the release contained in this paragraph Section does not apply to rights and claims that may arise after the date on which you sign this Agreement and (vii) you knowingly and voluntarily accept the Associate signs this Agreement. This Agreement shall not become effective, until the eighth (8th) day after the Associate and the Company execute this Agreement, provided the Associate does not revoke the Associate’s acceptance within the revocation period outlined herein. Such date shall be the Effective Date terms of this Agreement. No payments due You further agree that any change to this Agreement, whether material or immaterial, will not restart the Associate hereunder shall be made or begin before 21-day period for you to consider the Effective Dateterms of this Agreement.

Appears in 1 contract

Samples: Separation Agreement and General Release (Adverum Biotechnologies, Inc.)

Specific Release of ADEA Claims. In further consideration of the severance payments and benefits provided to the Associate Executive in this AgreementRelease, the Associate Releasors hereby irrevocably and unconditionally fully and forever waive, release and discharge the Releasees from any and all claimsClaims, whether known or unknown, from the beginning of time to the date of the AssociateExecutive’s execution of this Agreement Release arising under the Age Discrimination in Employment Act (“ADEA”), as amended, and its implementing regulations. By signing this AgreementRelease, the Associate Executive hereby acknowledges and confirms that: (i) the Associate Executive has read this Agreement Release in its entirety and understands all of its terms; (ii) the Associate Executive has been advised of and has availed himselfhim/herself of the AssociateExecutive’s right to consult with an Executive’s attorney prior to executing this AgreementRelease; (iii) the Associate Executive knowingly, freely and voluntarily assents to all of the terms and conditions set out in this Agreement Release including, without limitation, the waiver, release and covenants contained herein; (iv) the Associate Executive is executing this AgreementRelease, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Associate Executive is otherwise entitled; (v) the Associate Executive was given at least forty[twenty-one (21)/forty-five (45) )] days to consider the terms of this Agreement Release and consult with an attorney of the AssociateExecutive’s choice, although Associate Executive may sign it sooner if desired; (vi) the Associate Executive understands that the Associate Executive has seven (7) days from the date that the Associate Executive signs this Agreement Release to revoke the release in this paragraph by delivering notice of revocation to: Xxxx Xxxxxxto [NAME] at the Employer, Human Resources Director, at The ExOne Company, 000 Xxxxxxxx Xxxx, Xxxxx Xxxxxxxxxx, XX 00000, [EMPLOYER ADDRESS] by e-mail/fax/overnight delivery before the end of such seven-seven-(7) day period; and (vii) the Associate Executive understands that the release contained in this paragraph does not apply to rights and claims that may arise after the date on which the Associate Executive signs this Agreement. This Agreement shall not become effective, until the eighth (8th) day after the Associate and the Company execute this Agreement, provided the Associate does not revoke the Associate’s acceptance within the revocation period outlined herein. Such date shall be the Effective Date of this Agreement. No payments due to the Associate hereunder shall be made or begin before the Effective DateRelease.

Appears in 1 contract

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

Specific Release of ADEA Claims. In further consideration of the severance payments and benefits provided to the Associate in this Executive pursuant to the Separation Agreement, the Associate Releasors hereby irrevocably and unconditionally fully and forever waive, release and discharge the Releasees from any and all claimsClaims, whether known or unknown, from the beginning of time to the date of the AssociateExecutive’s execution of this Agreement arising under the Age Discrimination in Employment Act (ADEA), as amended, and its implementing regulations. By signing this Agreement, the Associate Executive hereby acknowledges and confirms that: (i) the Associate Executive has read this Agreement in its entirety and understands all of its terms; (ii) the Associate Executive has been advised of and has availed himself/herself himself of the Associate’s his right to consult with an his attorney prior to executing this Agreement; (iii) the Associate Executive knowingly, freely and voluntarily assents to all of the terms and conditions set out in this Agreement including, without limitation, the waiver, release and covenants contained herein; (iv) the Associate 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 the Associate he is otherwise entitled; (v) the Associate Executive was given at least forty-five (45) days to consider the terms of this Agreement and consult with an attorney of the Associate’s his choice, although Associate he may sign it sooner if desired; (vi) the Associate Executive understands that the Associate he has seven (7) days from the date that the Associate he signs this Agreement to revoke the release in this paragraph by delivering notice of revocation to: Xxxx Xxxxxx, Human Resources Director, at The ExOne Company, 000 Xxxxxxxx Xxxx, Xxxxx Xxxxxxxxxx, XX 00000, to the Company in the manner provided by overnight delivery this Agreement before the end of such seven-day period; and (vii) the Associate Executive understands that the release contained in this paragraph does not apply to rights and claims that may arise after the date on which the Associate Executive signs this Agreement. This Agreement shall not become effective, until the eighth (8th) day after the Associate and the Company execute this Agreement, provided the Associate does not revoke the Associate’s acceptance within the revocation period outlined herein. Such date shall be the Effective Date of this Agreement. No payments due to the Associate hereunder shall be made or begin before the Effective Date.

Appears in 1 contract

Samples: Separation Agreement (3d Systems Corp)

Specific Release of ADEA Claims. In further consideration of the severance payments and benefits provided to the Associate you in this Agreement, the Associate you hereby irrevocably and unconditionally fully and forever waive, release and discharge the Releasees Company from any and all claims, whether known or unknown, from the beginning of time to the date of the Associate’s your execution of this Agreement arising under the Age Discrimination in Employment Act of 1967 (ADEA), as amended, and its implementing regulations. By signing this Agreement, the Associate you hereby acknowledges acknowledge and confirms confirm that: (i) the Associate has you have read this Agreement in its entirety and understands understand all of its terms; (ii) you have been provided with information, attached hereto, as to the Associate has ages and job titles of individuals selected for the program in the decisional unit and the ages of individuals in the same job classification not selected for participation under the program; (iii) you have been advised of and has have availed himself/herself yourself of the Associate’s your right to consult with an your attorney prior to executing this Agreement; (iiiiv) the Associate you knowingly, freely and voluntarily assents assent to all of the terms and conditions set out in this Agreement including, without limitation, the waiver, release and covenants contained herein; (ivv) the Associate is you are executing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Associate is you are otherwise entitled; (vvi) the Associate was you were given at least fortytwenty-five one (4521) days to consider the terms of this Agreement and consult with an attorney of the Associate’s your choice, although Associate you may sign it sooner if desired; (vivii) the Associate understands you understand that the Associate has you have seven (7) days from the date that the Associate signs you sign this Agreement to revoke the release in this paragraph by delivering written notice of revocation to: Xxxx Xxxxxxto Patty Doxxxxxx, Xxxxxx Vice President, Human Resources DirectorResources, at The ExOne the address of the Company, 000 Xxxxxxxx 4321 Colxxxxxxx Xxxx, Xxxxx XxxxxxxxxxXxxxx, XX Xxxxxxxx 00000, by overnight delivery before the end of such seven-day period; and xxx (viixiii) the Associate understands you understand that the release contained in this paragraph does not apply to rights and claims under the ADEA or the Older Workers Benefits Protection Act that may arise after the date on which the Associate signs you sign this Agreement. This Agreement shall not become effective, until the eighth (8th) day after the Associate and the Company execute this Agreement, provided the Associate does not revoke the Associate’s acceptance within the revocation period outlined herein. Such date shall be the Effective Date of this Agreement. No payments due to the Associate hereunder shall be made or begin before the Effective Date.

Appears in 1 contract

Samples: Inovalon Holdings, Inc.

AutoNDA by SimpleDocs

Specific Release of ADEA Claims. In further consideration of the severance payments and benefits provided to the Associate in this Agreementor for Employee, the Associate Employee hereby irrevocably and unconditionally fully and forever waivewaives, release releases and discharge discharges the Releasees from any and all claims, whether known or unknown, from the beginning of time to the date of the Associate’s Employee's execution of this Agreement arising under the Age Discrimination in Employment Act ("ADEA"), as amended, and including its implementing regulations. By signing this Agreement, the Associate Employee hereby acknowledges and confirms that: (i) the Associate Employee has read this Agreement in its entirety and understands all of its terms; (ii) by this Agreement, the Associate Employee has been advised of and has availed himself/herself in writing of the Associate’s right to consult with an attorney prior to of the Employee's choosing before executing this Agreement; (iii) the Associate Employee knowingly. freely, freely and voluntarily assents to all of the terms and conditions set out in this Agreement including, without limitation, the waiver, release release, and covenants promises contained hereinin it; (iv) the Associate Employee is executing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Associate Employee is otherwise entitled; (v) the Associate Employee was given at least fortytwenty-five one (4521) days to consider the terms of this Agreement and consult with an attorney of the Associate’s Employee's choice, although Associate the Employee may sign it sooner if desireddesired and changes to this Agreement, whether material or immaterial, do not restart the running of the 21-day period; (vi) the Associate Employee understands that the Associate Employee has seven (7) days from the date that the Associate signs signing this Agreement to revoke the release in this paragraph Agreement by delivering notice of revocation to: Xxxx Xxxxxxto Xxxxxxx Xxxxxxx, Human Resources Director, Chief Executive Officer at The ExOne Company, 000 Xxxxxxxx Xxxx, Xxxxx Xxxxxxxxxx, XX 00000_____________________, by overnight delivery midnight on or before the end of such seven-seventh calendar day periodafter the Employee signs the Agreement; and (vii) the Associate Employee understands that the release contained in this paragraph does not apply to rights and claims that may arise after the date on which the Associate Employee signs this Agreement. This Agreement shall not become effective, until the eighth (8th) day after the Associate and the Company execute this Agreement, provided the Associate does not revoke the Associate’s acceptance within the revocation period outlined herein. Such date shall be the Effective Date of this Agreement. No payments due to the Associate hereunder shall be made or begin before the Effective Date.

Appears in 1 contract

Samples: Confidential Severance Agreement (Aspen Group, Inc.)

Specific Release of ADEA Claims. In further consideration of the severance payments and benefits provided to you under the Associate in this Agreement, the Associate Releasors hereby irrevocably and unconditionally fully release and forever waive, release and discharge the Releasees Released Parties from any and all claims, whether known or unknown, from claims and demands that the beginning Releasors may have as of time to the date of the Associate’s execution of you sign this Agreement arising under the ADEA, as amended, and its implementing regulations. By signing this AgreementGeneral Release, the Associate you hereby acknowledges acknowledge and confirms confirm that: (i) the Associate has read this Agreement in its entirety and understands all connection with your termination of its terms; (ii) the Associate has employment, you have been advised of and has availed himself/herself of by the Associate’s right Company to consult with an attorney prior of your choice before signing the Agreement and this General Release to executing this Agreement; (iii) have the Associate knowingly, freely and voluntarily assents to all of attorney explain the terms and conditions set out in effect of signing this Agreement includingGeneral Release, without limitation, including your release of claims under the waiver, release and covenants contained hereinADEA; (ivii) the Associate is executing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Associate is otherwise entitled; you were given no less than twenty-one (v) the Associate was given at least forty-five (4521) days to consider the terms of this Agreement General Release and consult with an attorney of the Associate’s your choice, although Associate you may sign it sooner if desired; (viiii) the Associate understands you are providing this General Release in exchange for consideration in addition to that the Associate has which you are already entitled; (iv) you understand that you have seven (7) days from the date that the Associate signs of signing this Agreement General Release to revoke the release in this paragraph Paragraph 6 by delivering providing the Company with a written notice of your revocation to: Xxxx Xxxxxx, Human Resources Directorof the release and waiver contained in this Paragraph to the Company’s General Counsel, at The ExOne Companythe following address: 0000 X’Xxxxx Xxxxx, 000 Xxxxxxxx Xxxxx Xxxx, Xxxxx Xxxxxxxxxx, XX Xxxxxxxxxx 00000, by overnight delivery before the end of such seven-day period; and (viiv) the Associate understands you understand that the release contained in this paragraph General Release does not apply to rights and claims that may arise after the date on which you sign this General Release and (vi) you knowingly and voluntarily accept the Associate signs this Agreement. This Agreement shall not become effective, until the eighth (8th) day after the Associate and the Company execute this Agreement, provided the Associate does not revoke the Associate’s acceptance within the revocation period outlined herein. Such date shall be the Effective Date terms of this Agreement. No payments due to the Associate hereunder shall be made or begin before the Effective DateGeneral Release.

Appears in 1 contract

Samples: Separation Agreement (Adverum Biotechnologies, Inc.)

Specific Release of ADEA Claims. In further consideration of the severance payments and benefits provided to the Associate Employee in this Agreement, the Associate Releasors hereby irrevocably and unconditionally fully and forever waive, release and discharge the Releasees from any and all claimsClaims, whether known or unknown, from the beginning of time to the date of the AssociateEmployee’s execution of this Agreement arising under the Age Discrimination in Employment Act (ADEA), as amended, and its implementing regulations. By signing this Agreement, the Associate Employee hereby acknowledges and confirms that: (i) the Associate Employee has read this Agreement in its entirety entirety, and understands all of its terms; (ii) the Associate Employee has been advised of and has availed himself/herself itself of the AssociateEmployee’s right to consult with an attorney prior to executing this Agreement; (iii) the Associate Employee knowingly, freely and voluntarily assents to all of the terms and conditions set out in this Agreement including, without limitation, the waiver, release and covenants contained herein; (iv) the Associate Employee is executing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Associate Employee is otherwise entitled, including the obligations of Employer in Section 3; (v) the Associate Employee was given at least forty-five (45) days to consider the terms of this Agreement and consult with an attorney of the AssociateEmployee’s choice, although Associate Employee may sign it sooner if desired; (vi) the Associate Employee understands that the Associate Employee has seven (7) days from the date that the Associate Employee signs this Agreement to revoke the release in this paragraph by delivering notice of revocation to: Xxxx Xxxxxxto Xxxxx Xxxxx, Human Resources Director, CEO at The ExOne Companythe Employer, 000 Xxxxxxxx Xxxxxxx Xxxxx, Xxxxx 000, Xxxx Xxxx Xxxx, Xxxxx Xxxxxxxxxx, XX Xxxx 00000, by e-mail, fax, or overnight delivery before the end of such seven-day period; and (vii) the Associate Employee understands that the release contained in this paragraph does not apply to rights and claims that may arise after the date on which the Associate Employee signs this Agreement. This Agreement shall not become effective, until the eighth (8th) day after the Associate and the Company execute this Agreement, provided the Associate does not revoke the Associate’s acceptance within the revocation period outlined herein. Such date shall be the Effective Date of this Agreement. No payments due to the Associate hereunder shall be made or begin before the Effective Date.

Appears in 1 contract

Samples: Separation and Release of Claims Agreement (Q Therapeutics, Inc.)

Specific Release of ADEA Claims. In further consideration of the severance payments and benefits provided to the Associate Employee in this Agreement, the Associate Employee Releasors hereby irrevocably and unconditionally fully and forever waive, release and discharge the Employer Releasees from any and all claimsClaims, whether known or unknown, from the beginning of time to the date of the AssociateEmployee’s execution of this Agreement arising under the Age Discrimination in Employment Act (ADEA), as amended, and its implementing regulations. By signing this Agreement, the Associate Employee hereby acknowledges and confirms that: (i) the Associate Employee has read this Agreement in its entirety and understands all of its terms; (ii) the Associate Employee has been advised of and has availed himself/herself of the Associate’s her right to consult with an her attorney prior to executing this Agreement; (iii) the Associate Employee knowingly, freely and voluntarily assents to all of the terms and conditions set out in this Agreement including, without limitation, the waiver, release and covenants contained herein; (iv) the Associate Employee is executing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Associate she is otherwise entitled; (v) the Associate Employee was given at least forty-five (45) 21 days to consider the terms of this Agreement and consult with an attorney of the Associate’s her choice, although Associate she may sign it sooner if desired; (vi) the Associate Employee understands that the Associate she has seven (7) days from the date that the Associate she signs this Agreement to revoke the release in this paragraph by delivering notice of revocation to: Xxxx Xxxxxx, Human Resources Director, to Xxxxxx Xxxxxx at The ExOne Company, 000 Xxxxxxxx Xxxx, Xxxxx Xxxxxxxxxx, XX 00000, the Employer by overnight delivery e-mail before the end of such seven-day period; and (vii) the Associate Employee understands that the release contained in this paragraph does not apply to rights and claims that may arise after the date on which the Associate Employee signs this Agreement. This Agreement shall not become effective, until the eighth (8th) day after the Associate and the Company execute this Agreement, provided the Associate does not revoke the Associate’s acceptance within the revocation period outlined herein. Such date shall be the Effective Date of this Agreement. No payments due to the Associate hereunder shall be made or begin before the Effective Date.

Appears in 1 contract

Samples: Separation and Release of Claims Agreement (Prima BioMed LTD)

Specific Release of ADEA Claims. In further consideration of the severance payments and benefits provided to the Associate in this Executive under the Agreement, the Associate Releasors hereby irrevocably and unconditionally fully and forever waive, release and discharge the Releasees from any and all claimsClaims, whether known or unknown, from the beginning of time to the date of the Associate’s Executive execution of this Agreement Release arising under the Age Discrimination in Employment Act (ADEA), as amended, and its implementing regulations. By signing this AgreementRelease, the Associate Executive hereby acknowledges and confirms that: (i) the Associate Executive has read this Agreement Release in its entirety and understands all of its terms; (ii) the Associate Executive has been advised of and has availed himselfhim/herself of the Associate’s his/her right to consult with an his/her attorney prior to executing this AgreementRelease; (iii) the Associate Executive knowingly, freely and voluntarily assents to all of the terms and conditions set out in this Agreement Release including, without limitation, the waiver, release and covenants contained herein; (iv) the Associate Executive is executing this AgreementRelease, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Associate he/she is otherwise entitled; (v) the Associate Executive was given at least fortytwenty-five one (4521) days to consider the terms of this Agreement Release and consult with an attorney of the Associate’s his/her choice, although Associate he/she may sign it sooner if desired; (vi) the Associate Executive understands that the Associate he/she has seven (7) days from the date that the Associate he/she signs this Agreement Release to revoke the release in this paragraph by delivering notice of revocation to: Xxxx Xxxxxx, Human Resources Directorto the then Chairperson of the Compensation Committee, at The ExOne Company, 000 Xxxxxxxx Xxxx, Xxxxx Xxxxxxxxxx, XX 00000, by overnight delivery the Chairperson's e-mail address or home address as then maintained on the Employer's records before the end of such seven-day period; and (vii) the Associate Executive understands that the release contained in this paragraph does not apply to rights and claims that may arise after the date on which the Associate Executive signs this Agreement. This Agreement shall not become effective, until the eighth (8th) day after the Associate and the Company execute this Agreement, provided the Associate does not revoke the Associate’s acceptance within the revocation period outlined herein. Such date shall be the Effective Date of this Agreement. No payments due to the Associate hereunder shall be made or begin before the Effective DateRelease.

Appears in 1 contract

Samples: Employment Agreement (Eastern Co)

Specific Release of ADEA Claims. In further consideration of the severance payments and benefits provided to the Associate Employee in this Agreement, the Associate Releasors hereby irrevocably and unconditionally fully and forever waive, release release, and discharge the Releasees Released Parties from any and all claimsClaims, whether known or unknown, from the beginning of time to through the date of the Associate’s Employee's execution of this Agreement Agreement, arising under the Age Discrimination in Employment Act (ADEA), as amended, and its implementing regulations. By signing this Agreement, the Associate Employee hereby acknowledges and confirms that: (i) the Associate Employee has read this Agreement in its entirety and understands all of its terms; (ii) the Associate by this Agreement, Employee has been advised of and has availed himself/herself of the Associate’s right in writing to consult with an attorney prior attorney[, and has consulted with such counsel [to executing the extent Employee has deemed necessary]] before signing this Agreement; (iii) the Associate Employee knowingly, freely freely, and voluntarily assents agrees to all of the terms and conditions set out in this Agreement including, without limitation, the waiver, release release, and covenants contained hereinin it; (iv) the Associate Employee is executing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Associate Employee is otherwise entitled; (v) the Associate Employee was given at least forty[twenty-one (21)/forty-five (45) )] days to consider the terms of this Agreement and consult with an attorney of the Associate’s Employee's choice, although Associate Employee may sign it sooner if desired[ and changes to this Agreement, whether material or immaterial, do not restart the running of the [21/45]-day period]; (vi) the Associate Employee understands that the Associate Employee has seven (7) days from the date that the Associate signs of signing this Agreement to revoke the release in this paragraph by delivering notice of revocation to: Xxxx Xxxxxxto [NAME] at Employer [Group], Human Resources Director, at The ExOne Company, 000 Xxxxxxxx Xxxx, Xxxxx Xxxxxxxxxx, XX 00000, [EMPLOYER ADDRESS] by [email/fax/overnight delivery delivery/[OTHER METHOD OF DELIVERY]] before the end of such the seven-day period; and (vii) the Associate Employee understands that the release contained in this paragraph does not apply to rights and claims that may arise after the date on which the Associate Employee signs this Agreement. This Agreement shall not become effective, until the eighth (8th) day after the Associate and the Company execute this Agreement, provided the Associate does not revoke the Associate’s acceptance within the revocation period outlined herein. Such date shall be the Effective Date of this Agreement. No payments due to the Associate hereunder shall be made or begin before the Effective Date.]

Appears in 1 contract

Samples: Settlement and Release of Claims Agreement

Specific Release of ADEA Claims. In further consideration of the severance payments and benefits provided to the Associate in you by this Agreement, the Associate Releasors hereby irrevocably and unconditionally fully release and forever waive, release and discharge the Releasees Released Parties from any and all claims, whether known or unknown, from Claims that the beginning Releasors may have as of time to the date of the Associate’s execution of you sign this Agreement arising under the ADEA, as amended, and its implementing regulations. By signing this Agreement, the Associate you hereby acknowledges acknowledge and confirms confirm that: (i) the Associate has read this Agreement in its entirety and understands all connection with your termination of its terms; (ii) the Associate has employment, you have been advised of and has availed himself/herself of by the Associate’s right Company to consult with an attorney prior of your choice before signing this Agreement to executing this Agreement; (iii) have the Associate knowingly, freely and voluntarily assents to all of attorney explain the terms and conditions set out in this Agreement including, without limitation, the waiver, release and covenants contained herein; (iv) the Associate is executing effect of signing this Agreement, including your release of claims under the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Associate is otherwise entitledADEA; (vii) the Associate was you were given at least fortyno less than twenty-five one (4521) days to consider the terms of this the Agreement and consult with an attorney of the Associate’s your choice, although Associate you may sign it sooner if desired; (viiii) the Associate understands you are providing this release in exchange for consideration in addition to that the Associate has which you are already entitled; (iv) you understand that you have seven (7) days from after the date that the Associate signs of signing this Agreement to revoke your acceptance by providing the Company with a written notice of your revocation of the release and waiver contained in this paragraph by delivering notice of revocation to: Xxxx Xxxxxx, Human Resources DirectorSection to the Company’s General Counsel, at The ExOne Company, the following address: 000 Xxxxxxxx Xxx, Xxxxxxx Xxxx, Xxxxx Xxxxxxxxxx, XX Xxxxxxxxxx 00000, by overnight delivery before the end of such seven-day period; and (viiv) you understand that this Agreement shall not be effective until this revocation period has expired, which shall be the Associate understands that 8th day after you execute it (the “Effective Date”); (vi) the release contained in this paragraph Section does not apply to rights and claims that may arise after the date on which you sign this Agreement and (vii) you knowingly and voluntarily accept the Associate signs this Agreement. This Agreement shall not become effective, until the eighth (8th) day after the Associate and the Company execute this Agreement, provided the Associate does not revoke the Associate’s acceptance within the revocation period outlined herein. Such date shall be the Effective Date terms of this Agreement. No payments due You further agree that any change to this Agreement, whether material or immaterial, will not restart the Associate hereunder shall be made or begin before 21-day period for you to consider the Effective Dateterms of this Agreement.

Appears in 1 contract

Samples: Separation Agreement and General (Adverum Biotechnologies, Inc.)

Specific Release of ADEA Claims. In You further consideration of the severance payments provided to the Associate in this Agreement, the Associate hereby irrevocably and unconditionally fully release and forever waive, release and discharge the Releasees Company Parties from any and all claims, whether known or unknown, from Claims that the beginning Employee Parties may have as of time to the date of the Associate’s execution of you sign this Agreement arising under the ADEA, as amended, and its implementing regulations. By signing this Agreement, the Associate hereby acknowledges you acknowledge and confirms confirm that: (i) the Associate has read this Agreement in its entirety and understands all of its terms; (ii) the Associate has you have been advised of and has availed himself/herself of by the Associate’s right Company to consult with an attorney prior of your choice before signing this Agreement and the Certificate of Reaffirmation; (ii) you were given no fewer than twenty-one (21) days to executing this Agreementconsider the terms of the Agreement and the Certificate of Reaffirmation, although you may sign them sooner if desired (provided that you cannot sign the Certificate of Reaffirmation before the Separation Date); (iii) the Associate knowingly, freely and voluntarily assents to all of the terms and conditions set out in you are signing this Agreement including, without limitation, and the waiver, release and covenants contained herein; (iv) the Associate is executing this Agreement, including the waiver and release, Certificate of Reaffirmation in exchange for good and valuable consideration which is in addition to anything of value to which the Associate is otherwise you are already entitled; (viv) the Associate was given at least forty-five (45) days to consider the terms of this Agreement and consult with an attorney of the Associate’s choice, although Associate may sign it sooner if desired; (vi) the Associate understands that the Associate has you have seven (7) days from the date that the Associate signs of signing this Agreement to revoke this Agreement (and will have seven (7) days from the release in this paragraph date of signing the Certificate of Reaffirmation to revoke the Certificate of Reaffirmation) by delivering to the Company a written notice of revocation to: Xxxx Xxxxxx, Human Resources Director, at The ExOne Company, 000 Xxxxxxxx Xxxx, Xxxxx Xxxxxxxxxx, XX 00000, that is received by overnight delivery the Company before the end of such seven-day periodperiod to Xxxxx Xxxxxxxxxxx, Chief Human Resources Officer, [****], 00 Xxxx Xxxxxx, Xxxxxxx, XX 00000, but you understand that you will not be eligible for any Severance if you revoke this Transition, Separation and Release Agreement | 4 Agreement or the Certificate of Reaffirmation because your eligibility for any such Severance is contingent upon you signing and not revoking the Agreement and Certificate of Reaffirmation; and (viiv) the Associate understands that the release contained in this paragraph Section does not apply to rights and claims that may arise after the date on which you sign this Agreement or the Associate signs this Agreement. This Agreement shall not become effective, until the eighth (8th) day after the Associate date you sign the Certificate of Reaffirmation, and (vi) you knowingly and voluntarily accept the Company execute this Agreement, provided the Associate does not revoke the Associate’s acceptance within the revocation period outlined herein. Such date shall be the Effective Date terms of this Agreement. No payments due You further agree that any change to this Agreement, whether material or immaterial, will not restart the Associate hereunder shall be made or begin before twenty-one (21) day period for you to consider the Effective Dateterms of this Agreement.

Appears in 1 contract

Samples: Transition, Separation and Release Agreement (Vonage Holdings Corp)

Specific Release of ADEA Claims. In further consideration of the severance payments and benefits provided to the Associate Employee in this Agreement, the Associate Releasors hereby irrevocably and unconditionally fully and forever waive, release and discharge the Releasees from any and all claimsClaims, whether known or unknown, from the beginning of time to the date of the Associate’s execution of this Agreement Separation Date arising under the Age Discrimination in Employment Act (ADEA), as amended, and its implementing regulations. By signing this Agreement, the Associate Employee hereby acknowledges and confirms that: (i) the Associate Employee has read this Agreement in its entirety and understands all of its terms; (ii) the Associate Employee has been advised of and has availed himself/herself himself of the Associate’s his right to consult with an his attorney prior to executing this Agreement; (iii) the Associate Employee knowingly, freely and voluntarily assents to all of the terms and conditions set out in this Agreement including, without limitation, the waiver, release and covenants contained herein; (iv) the Associate Employee is executing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Associate he is otherwise entitled; (v) the Associate Employee was given at least fortytwenty-five one (4521) days to consider the terms of this Agreement and consult with an attorney of the Associate’s his choice, although Associate he may sign it sooner if desired; (vi) the Associate Employee understands that the Associate he has seven (7) days from the date that the Associate he signs this Agreement to revoke the release in this paragraph by delivering notice of revocation to: to Xxxxxxx Xxxx Xxxxxx, Human Resources Director, at The ExOne the Company, 000 Xxxxxxxx Xxxx, Xxxxx Xxxxxxxxxx, XX 00000, by overnight e-mail delivery before the end of such seven-day period; and (vii) the Associate Employee understands that the release contained in this paragraph does not apply to rights and claims that may arise after the date on which the Associate Employee signs this Agreement. This Agreement shall not become effective, until the eighth (8th) day after the Associate and the Company execute this Agreement, provided the Associate does not revoke the Associate’s acceptance within the revocation period outlined herein. Such date shall be the Effective Date of this Agreement. No payments due to the Associate hereunder shall be made or begin before the Effective Date.

Appears in 1 contract

Samples: Mutual Separation Agreement (Cord Blood America, Inc.)

Specific Release of ADEA Claims. In further consideration of the severance payments provided to the Associate Employee in this Agreement, the Associate Employee hereby irrevocably and unconditionally fully and forever waivewaives, release releases and discharge discharges the Releasees Released Parties from any and all claims, whether known or unknown, from the beginning of time to the date of the Associate’s Employee's execution of this Agreement arising under the Age Discrimination in Employment Act (ADEA), as amended, and its implementing regulations. By signing this Agreement, the Associate Employee hereby acknowledges and confirms that: (ia) the Associate Employee has read this Agreement in its entirety and understands all of its terms; (iib) the Associate Employee has been advised of and has availed himself/him or herself of the AssociateEmployee’s right to consult with an Employee’s attorney prior to executing this Agreement; (iiic) the Associate Employee knowingly, freely and voluntarily assents to all of the terms and conditions set out in this Agreement including, without limitation, the waiver, release and covenants contained herein; (ivd) the Associate Employee is executing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Associate Employee is otherwise entitled; (ve) the Associate Employee was given at least forty-five (45) 45 days to consider the terms of this Agreement and consult with an attorney of the AssociateEmployee’s choice, although Associate Employee may sign it sooner if desired; (vif) the Associate Employee understands that the Associate Employee has seven (7) days from the date that the Associate Employee signs this Agreement to revoke the release in this paragraph section by delivering notice of revocation to: Xxxx Xxxxxxvia e-mail to Xxxxxx Xxxxx, Human Resources DirectorSVP, Employee Experience at The ExOne Company, 000 Xxxxxxxx Xxxx, Xxxxx Xxxxxxxxxx, XX 00000, by overnight delivery Xxxxxx_Xxxxx@xxxxx.xxx before the end of such seven-day period; and (viig) the Associate Employee understands that the release contained in this paragraph section does not apply to rights and claims that may arise after the date on which the Associate signs this Agreement. This Agreement shall not become effective, until the eighth (8th) day after the Associate and the Company execute this Agreement, provided the Associate does not revoke the Associate’s acceptance within the revocation period outlined herein. Such date shall be the Effective Date of this Agreement. No payments due to the Associate hereunder shall be made or begin before the Effective Date.and

Appears in 1 contract

Samples: Neill Separation Agreement (Genuine Parts Co)

Specific Release of ADEA Claims. In further consideration of the severance payments and benefits provided to the Associate in you by this Agreement, the Associate Releasors hereby irrevocably and unconditionally fully release and forever waive, release and discharge the Releasees Released Parties from any and all claims, whether known or unknown, from Claims that the beginning Releasors may have as of time to the date of the Associate’s execution of you sign this Agreement arising under the ADEA, as amended, and its implementing regulations. By signing this Agreement, the Associate you hereby acknowledges acknowledge and confirms confirm that: (i) the Associate has read this Agreement in its entirety and understands all connection with your termination of its terms; (ii) the Associate has employment, you have been advised of and has availed himself/herself of by the Associate’s right Company to consult with an attorney prior of your choice before signing this Agreement to executing this Agreement; (iii) have the Associate knowingly, freely and voluntarily assents to all of attorney explain the terms and conditions set out in this Agreement including, without limitation, the waiver, release and covenants contained herein; (iv) the Associate is executing effect of signing this Agreement, including your release of claims under the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Associate is otherwise entitledADEA; (vii) the Associate was you were given at least fortyno less than twenty-five one (4521) days to consider the terms of this the Agreement and consult with an attorney of the Associate’s your choice, although Associate you may sign it sooner if desired; (viiii) the Associate understands you are providing this release in exchange for consideration in addition to that the Associate has which you are already entitled; (iv) you understand that you have seven (7) days from the date that the Associate signs of signing this Agreement to revoke your acceptance by providing the Company with a written notice of your revocation of the release and waiver contained in this paragraph by delivering notice of revocation to: Xxxx Xxxxxx, Human Resources DirectorSection to the Company’s General Counsel, at The ExOne Companythe following address: 000 Xxxxxxx Xxxxx, 000 Xxxxxxxx Xxxxxxx Xxxx, Xxxxx Xxxxxxxxxx, XX Xxxxxxxxxx 00000, by overnight delivery before the end of such seven-day period; and (viiv) you understand that this Agreement shall not be effective until this revocation period has expired, which shall be the Associate understands that 8th day after you execute it (the “Effective Date”); (vi) the release contained in this paragraph Section does not apply to rights and claims that may arise after the date on which you sign this Agreement and (vii) you knowingly and voluntarily accept the Associate signs this Agreement. This Agreement shall not become effective, until the eighth (8th) day after the Associate and the Company execute this Agreement, provided the Associate does not revoke the Associate’s acceptance within the revocation period outlined herein. Such date shall be the Effective Date terms of this Agreement. No payments due You further agree that any change to this Agreement, whether material or immaterial, will not restart the Associate hereunder shall be made or begin before 21-day period for you to consider the Effective Dateterms of this Agreement.

Appears in 1 contract

Samples: Separation Agreement and General (Adverum Biotechnologies, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!