Common use of Specific Release of ADEA Claims Clause in Contracts

Specific Release of ADEA Claims. In further consideration of the benefits provided to the Employee in this Agreement, the Employee Releasors hereby irrevocably and unconditionally fully and forever waive, release, and discharge the Released Parties from any and all Claims, whether known or unknown, from the beginning of time through the date of the 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 Employee hereby acknowledges and confirms that: (i) the Employee has read this Agreement in its entirety and understands all of its terms; (ii) by this Agreement, the Employee has been advised in writing to consult with an attorney of the Employee’s choosing and has consulted with such counsel as the Employee believed was necessary before signing this Agreement; (iii) the Employee knowingly, freely, and voluntarily agrees to all of the terms and conditions set out in this Agreement including, without limitation, the waiver, release, and covenants contained in it; (iv) the Employee is signing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Employee is otherwise entitled; (v) the Employee was given at least twenty-one (21) days to consider the terms of this Agreement and consult with an attorney of the Employee’s choice, although the Employee may sign it sooner if desired, and changes to this Agreement, whether material or immaterial, do not restart the running of the 21-day period; (vi) the Employee understands that the Employee has seven (7) days after signing this Agreement to revoke the release in this paragraph by delivering notice of revocation to Xxxxxxxx Xxxxxxxx at the Employer, xxxxxxxxx@xxxxxxxxxxxxxx.xxx by email with a copy sent to Xxxx Xxxxxx at Seyfarth Xxxx LLP at xxxxxxx@xxxxxxxx.xxx before the end of this seven-day period; and (vii) the Employee understands that the release contained in this paragraph does not apply to rights and claims that may arise after the Employee signs this Agreement, including, but not limited to, the non-application of the release for third-party claims made after the date of this Agreement based on facts or circumstances that arose prior to the date of the execution of this Agreement.

Appears in 2 contracts

Samples: Separation and Release of Claims Agreement, Separation and Release of Claims Agreement (Grow Capital, Inc.)

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Specific Release of ADEA Claims. In further consideration As of the benefits provided to Re-Execution Effective Date (as defined in Appendix A), you acknowledge and agree that you are hereby waiving and releasing any age Claims or rights you may have under ADEA through the Employee in Reaffirmation Date. In connection with this Agreement, the Employee Releasors hereby irrevocably and unconditionally fully and forever waive, ADEA release, and discharge the Released Parties from any and all Claims, whether known or unknown, from the beginning of time through the date of the 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 Employee hereby acknowledges and confirms that: you agree that (i) the Employee has read you are hereby entering into this Agreement in its entirety waiver and understands all of its terms; release knowingly and voluntarily, (ii) by this AgreementADEA release does not apply to any rights or Claims that may arise under ADEA after the Reaffirmation Date, the Employee has been advised in writing to consult with an attorney of the Employee’s choosing and has consulted with such counsel as the Employee believed was necessary before signing this Agreement; (iii) the Employee knowingly, freely, and voluntarily agrees to all consideration given for this release of the terms and conditions set out in this Agreement including, without limitation, the waiver, release, and covenants contained in it; (iv) the Employee ADEA Claims is signing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Employee is otherwise you were already entitled;, and (iv) you have been advised by this writing that: (vA) the Employee was given at least twenty-one (21) days to consider the terms of this Agreement and you should consult with an attorney of prior to executing the Employee’s choice, although the Employee may sign it sooner if desired, and changes to this Agreement, whether material or immaterial, do not restart the running of the 21-day period; (viB) you have until June 12, 2018, which is at least forty-five (45) days after receipt of the Employee understands that Agreement, to consider whether to re-execute it, by signing the Employee has Reaffirmation Page set forth on Appendix A, and release any age Claim under ADEA following the Separation Date. If you choose to re-execute the Agreement before June 12, 2018, you do so knowingly and voluntarily; (C) you have seven (7) days after signing this following your re-execution of the Agreement to revoke the portion of the release applicable to ADEA Claims set forth in this paragraph Section 9(f) by delivering notice of revocation to Xxxxxxxx Xxxxxxxx at notifying the Employer, xxxxxxxxx@xxxxxxxxxxxxxx.xxx by email with a copy sent to Xxxx Xxxxxx at Seyfarth Xxxx LLP at xxxxxxx@xxxxxxxx.xxx before the end Company of this seven-fact, in writing, within such seven (7) day period, at 500 Xxxxxx Xxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxx 00000, attention: Kxx Xxxxx, Vice President, Human Resources & Administration; and (viiD) in accordance with the requirements of ADEA, you were provided with information, appended hereto as Appendix B, regarding (i) the Employee understands that the release contained job title and age of each employee in this paragraph does not apply to rights and claims that may arise after the Employee signs this Agreement, including, but not limited to, the non-application of the release for third-party claims made after an affected job classification or organizational unit whose employment is being terminated on the date hereof or in proximity thereto and (ii) the job title and age of this Agreement based each employee in such affected job classification or organizational unit who is not being terminated on facts or circumstances that arose prior to the date of the execution of this Agreementhereof or in proximity hereto.

Appears in 2 contracts

Samples: Separation Agreement (Amplify Energy Corp), Separation Agreement (Amplify Energy Corp)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Employee in this Executive under the Agreement, the Employee Releasors hereby irrevocably and unconditionally fully and forever waive, release, release and discharge the Released Parties Releasees from any and all Claims, whether known or unknown, from the beginning of time through to the date of the Employee’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 Employee Executive hereby acknowledges and confirms that: : (i) the Employee Executive has read this Agreement Release in its entirety and understands all of its terms; ; (ii) by this Agreement, the Employee Executive has been advised in writing of and has availed him/herself of his/her right to consult with an his/her attorney of the Employee’s choosing and has consulted with such counsel as the Employee believed was necessary before signing prior to executing this Agreement; ; (iii) the Employee Executive knowingly, freely, freely and voluntarily agrees assents to all of the terms and conditions set out in this Agreement including, without limitation, the waiver, release, release and covenants contained in it; herein; (iv) the Employee Executive is signing executing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Employee he/she is otherwise entitled; ; (v) the Employee Executive was given at least twenty-one (21) days to consider the terms of this Agreement Release and consult with an attorney of the Employee’s his/her choice, although the Employee he/she may sign it sooner if desired, and changes to this Agreement, whether material or immaterial, do not restart the running of the 21-day period; ; (vi) the Employee Executive understands that the Employee he/she has seven (7) days after signing from the date he/she signs this Agreement Release to revoke the release in this paragraph by delivering notice of revocation to Xxxxxxxx Xxxxxxxx the then Chairperson of the Compensation Committee, at the Employer, xxxxxxxxx@xxxxxxxxxxxxxx.xxx by email with a copy sent to Xxxx Xxxxxx at Seyfarth Xxxx LLP at xxxxxxx@xxxxxxxx.xxx Chairperson’s e-mail address or home address as then maintained on the Company’s records before the end of this such seven-day period; and and (vii) the Employee Executive understands that the release contained in this paragraph does not apply to rights and claims that may arise after the Employee date on which the Executive signs this Agreement, including, but not limited to, the non-application of the release for third-party claims made after the date of this Agreement based on facts or circumstances that arose prior to the date of the execution of this AgreementRelease.

Appears in 2 contracts

Samples: Executive Agreement (ATN International, Inc.), Executive Agreement (ATN International, Inc.)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Employee in this Agreement, the Employee Releasors hereby irrevocably and unconditionally fully and forever waive, release, and discharge the Released Parties from any and all Claims, whether known or unknown, from the beginning of time through the date of the Employee’s '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 Employee hereby acknowledges and confirms that: (i) the Employee has read this Agreement in its entirety and understands all of its terms; (ii) by this Agreement, the Employee has been advised in writing to consult with an attorney of the Employee’s 's choosing and has consulted with such counsel as the Employee believed was necessary before signing this Agreement; (iii) the Employee knowingly, freely, and voluntarily agrees to all of the terms and conditions set out in this Agreement including, without limitation, the waiver, release, and covenants contained in it; (iv) the Employee is signing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Employee is otherwise entitled; (v) the Employee was given at least twenty-one (21) days to consider the terms of this Agreement and consult with an attorney of the Employee’s choice, although the Employee may sign it sooner if desired, desired and changes to this Agreement, whether material or immaterial, do not restart the running of the 21-day period; (vi) the Employee understands that the Employee has seven (7) days after signing this Agreement to revoke the release in this paragraph by delivering notice of revocation to Xxxxxxxx Xxxxxxxx Xxxx Xxxxxxxxxxx at the Employer, xxxxxxxxx@xxxxxxxxxxxxxx.xxx 0 Xxxxxxxxxxxxxx Xxxx, Xxxxx 000, Xxxxxxxx, Xxx Xxxx 00000 by email with a copy sent to Xxxx Xxxxxx at Seyfarth Xxxx LLP at xxxxxxx@xxxxxxxx.xxx email/fax/overnight delivery before the end of this seven-day period; and (vii) the Employee understands that the release contained in this paragraph does not apply to rights and claims that may arise after the Employee signs this Agreement, including, but not limited to, the non-application of the release for third-party claims made after the date of this Agreement based on facts or circumstances that arose prior to the date of the execution of this Agreement.

Appears in 2 contracts

Samples: Separation and Release of Claims Agreement, Separation and Release of Claims Agreement (Teladoc Health, Inc.)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Employee in you under this Agreement, the Employee Releasors hereby you irrevocably and unconditionally fully and forever waive, release, and discharge the Released Parties Company from any and all Claimsclaims, whether known or unknown, from the beginning of time through the date of the Employee’s execution of you sign this Agreement arising under the Age Discrimination in Employment Act (ADEA), as amended, and its implementing regulations. By signing this Agreement, the Employee hereby acknowledges you acknowledge and confirms confirm that: (i) the Employee has you have read this Agreement in its entirety and understands understand all of its terms; ; 00000 Xxxx Xxxxx Xxxxx–›››–Xxx Xxxxx, XX 00000–›››–(000) 000-0000–›››–xxxxxxxxxxxxxx.xxx (ii) by this Agreement, the Employee has you have been advised in writing to consult with an attorney of the Employee’s your choosing and has consulted with such counsel as the Employee believed was necessary before signing this Agreement; (iii) the Employee you knowingly, freely, and voluntarily agrees agree to all of the terms and conditions set out in this Agreement including, without limitation, the waiver, release, and covenants contained in itcovenants; (iv) the Employee is you are signing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Employee is you are otherwise entitled; (v) the Employee was you were given at least twenty-one (21) calendar days to consider the terms of this Agreement and consult with an attorney of the Employee’s your choice, although the Employee you may sign it sooner if desired, desired and changes to this Agreement, whether material or immaterial, do not restart the running of the 21-calendar day period; (vi) the Employee understands you understand that the Employee has you have seven (7) calendar days after signing this Agreement to revoke the release in this paragraph Paragraph by delivering notice of revocation to Xxxxxxxx Xxxxxxxx at the Employer, xxxxxxxxx@xxxxxxxxxxxxxx.xxx me by mail or email with a copy sent to Xxxx Xxxxxx at Seyfarth Xxxx LLP at xxxxxxx@xxxxxxxx.xxx before the end of this seven-calendar day period; (vii) this Agreement shall not become effective until the eighth (8th) calendar day after you sign, without revoking, this Agreement (“Effective Date”). No payments due to you under this Agreement shall be made or begin before the Effective Date; and (viiviii) the Employee understands you understand that the release contained in this paragraph Paragraph does not apply to rights and claims that may arise after the Employee signs this Agreement, including, but not limited to, the non-application of the release for third-party claims made after the date of this Agreement based on facts or circumstances that arose prior to the date of the execution of you sign this Agreement.

Appears in 1 contract

Samples: Transition and Consulting Agreement (Tandem Diabetes Care Inc)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Employee Xxxxxx in this Agreement, the Employee Releasors hereby irrevocably and unconditionally fully and forever waive, release, and discharge the Released Parties from any and all Claims, whether known or unknown, from the beginning of time through the date of the Employee’s Xxxxxx'x 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 Employee Xxxxxx hereby acknowledges and confirms that: (i) the Employee Xxxxxx has read this Agreement in its entirety and understands all of its terms; (ii) by this Agreement, the Employee Xxxxxx has been advised in by this writing to consult with an attorney of the Employee’s Xxxxxx'x choosing and has consulted with such counsel as the Employee Xxxxxx believed was necessary before signing this Agreement; (iii) the Employee Xxxxxx knowingly, freely, and voluntarily agrees to all of the terms and conditions set out in this Agreement including, without limitation, the waiver, release, and covenants contained in it; (iv) the Employee Xxxxxx is signing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Employee Xxxxxx is otherwise entitled; (v) the Employee Xxxxxx was given at least twenty-one (21) days to consider the terms of this Agreement and consult with an attorney of the Employee’s Xxxxxx'x choice, although the Employee Xxxxxx may sign it sooner if desired, and changes to this Agreement, whether material or immaterial, do not restart the running of the 21-day period; (vi) the Employee Xxxxxx understands that the Employee Xxxxxx has seven (7) days after signing this Agreement to revoke the release in this paragraph by delivering notice of revocation to Xxxxxxxx Xxxxxxxx at Xxxxxx Xxx, General Counsel of the EmployerCompany, xxxxxxxxx@xxxxxxxxxxxxxx.xxx by email at xxxxxx.xxx@xxxxxxxxxx.xxx, with a copy sent to Xxxxxx Xxxx Xxxxxx at Seyfarth Xxxx LLP Xxxxxx, Xxxxx & Xxxxxxx LLP, by email at xxxxxxx@xxxxxxxx.xxx xxxxxx.xxxx@xxxxxxxxxxx.xxx, before the end of this seven-day period; and (vii) the Employee Xxxxxx understands that the release contained in this paragraph does not apply to rights and claims that may arise after the Employee Xxxxxx signs this Agreement. This Agreement shall not become effective until the eighth (8th) day after Xxxxxx signs, includingwithout revoking, but not limited to, the non-application of the release for third-party claims made after the date of this Agreement based on facts (“Effective Date”). No payments due to Xxxxxx under this Agreement shall be made or circumstances that arose prior to begin before the date of the execution of this AgreementEffective Date.

Appears in 1 contract

Samples: Separation and Release of Claims Agreement (Altus Power, Inc.)

Specific Release of ADEA Claims. In You further consideration of the benefits provided to the Employee in this Agreement, the Employee Releasors hereby irrevocably and unconditionally fully release and forever waive, release, and discharge the Released Company Parties from any and all Claims, whether known or unknown, from Claims that the beginning Employee Parties may have as of time through the date of the Employee’s execution of you sign this Agreement arising under the Age Discrimination in Employment Act (ADEA), as amended, and its implementing regulations. By signing this Agreement, the Employee hereby acknowledges you acknowledge and confirms confirm that: : (i) the Employee has read this Agreement in its entirety and understands all of its terms; (ii) by this Agreement, the Employee has you have been advised in writing by the Company to consult with an attorney of the Employee’s choosing and has consulted with such counsel as the Employee believed was necessary your choice before signing this Agreement; Agreement and the Certificate of Reaffirmation; (iiiii) the Employee knowingly, freely, and voluntarily agrees to all of the terms and conditions set out in this Agreement including, without limitation, the waiver, release, and covenants contained in it; (iv) the Employee is signing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Employee is otherwise entitled; (v) the Employee was you were given at least no fewer than twenty-one (21) days to consider 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) you are signing this Agreement and consult with an attorney the Certificate of the Employee’s choice, although the Employee may sign it sooner if desired, Reaffirmation in exchange for good and changes valuable consideration which is in addition to this Agreement, whether material or immaterial, do not restart the running anything of the 21-day period; value to which you are already entitled; (viiv) the Employee understands that the Employee has you have seven (7) days after from the date 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 Xxxxxxxx Xxxxxxxx at that is received by the Employer, xxxxxxxxx@xxxxxxxxxxxxxx.xxx by email with a copy sent to Xxxx Xxxxxx at Seyfarth Xxxx LLP at xxxxxxx@xxxxxxxx.xxx Company before the end of this 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 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 Employee understands that the release contained in this paragraph Section does not apply to rights and claims that may arise after the Employee signs date on which you sign this Agreement or the after the date you sign the Certificate of Reaffirmation, and (vi) you knowingly and voluntarily accept the terms of this Agreement. You further agree that any change to this Agreement, includingwhether material or immaterial, but will not limited to, restart the nontwenty-application of one (21) day period for you to consider the release for third-party claims made after the date of this Agreement based on facts or circumstances that arose prior to the date of the execution terms 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 benefits provided to Separation Pay identified in the Employee in this Agreement, the Employee Releasors you hereby irrevocably and unconditionally fully and forever waive, release, and discharge the Released Parties from any and all Claimsclaims, whether known or unknown, from the beginning of time through to the date of the Employee’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 Employee you hereby acknowledges acknowledge and confirms that: confirm that (i) the Employee has you have read this Agreement in its entirety and understands understand all of its terms; ; (ii) by this Agreement, the Employee has you have been advised in writing of your right to consult with an your attorney of the Employee’s choosing and has consulted with such counsel as the Employee believed was necessary before signing prior to executing this Agreement; ; (iii) the Employee you knowingly, freely, freely and voluntarily agrees agree to all of the terms and conditions set out in this Agreement Agreement, including, without limitation, the waiver, release, release and covenants contained in it; herein; (iv) the Employee is signing 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 Employee is you are otherwise entitled; ; (v) the Employee was you were given at least twenty-one (21) days to consider the terms of this Agreement and consult with an attorney of the Employee’s your choice, although the Employee you may sign it sooner if desired, and changes to this Agreement, whether material or immaterial, do not restart the running of the 21-day period; ; (vi) the Employee understands you understand that the Employee has you have seven (7) days after signing from the date you sign this Agreement to revoke the release in this paragraph by delivering notice of revocation to Xxxxxxxx Xxxxxxxx at Chair of the Employer, xxxxxxxxx@xxxxxxxxxxxxxx.xxx by email with a copy sent to Xxxx Xxxxxx at Seyfarth Xxxx LLP at xxxxxxx@xxxxxxxx.xxx Board of Directors of the Company before the end of this seven-day such seven (7)-day period; and and (vii) the Employee understands you understand that the release contained in this paragraph does not apply to rights and claims that may arise after the Employee signs date on which you sign this Agreement. The parties agree that any changes to this Agreement, includingwhether material or not, but do not limited to, restart the non-application running of the release for thirdtwenty-party claims made after the date of this Agreement based on facts or circumstances that arose prior to the date of the execution of one (21)-day period. If you sign and do not revoke this Agreement, it will become effective on 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 benefits severance payments provided to the Employee Associate in this Agreement, the Employee Releasors Associate hereby irrevocably and unconditionally fully and forever waive, release, release and discharge the Released Parties Releasees from any and all Claimsclaims, whether known or unknown, from the beginning of time through to the date of the EmployeeAssociate’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 Employee Associate hereby acknowledges and confirms that: : (i) the Employee Associate has read this Agreement in its entirety and understands all of its terms; ; (ii) by this Agreement, the Employee Associate has been advised in writing of and has availed himself/herself of the Associate’s right to consult with an attorney of the Employee’s choosing and has consulted with such counsel as the Employee believed was necessary before signing prior to executing this Agreement; ; (iii) the Employee Associate knowingly, freely, freely and voluntarily agrees assents to all of the terms and conditions set out in this Agreement including, without limitation, the waiver, release, release and covenants contained in it; herein; (iv) the Employee Associate is signing executing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Employee Associate is otherwise entitled; ; (v) the Employee Associate was given at least twentyforty-one five (2145) days to consider the terms of this Agreement and consult with an attorney of the EmployeeAssociate’s choice, although the Employee Associate may sign it sooner if desired, and changes to this Agreement, whether material or immaterial, do not restart the running of the 21-day period; ; (vi) the Employee Associate understands that the Employee Associate has seven (7) days after signing from the date that the Associate signs this Agreement to revoke the release in this paragraph by delivering notice of revocation to to: Xxxx Xxxxxx, Human Resources Director, at The ExOne Company, 000 Xxxxxxxx Xxxxxxxx at the EmployerXxxx, xxxxxxxxx@xxxxxxxxxxxxxx.xxx Xxxxx Xxxxxxxxxx, XX 00000, by email with a copy sent to Xxxx Xxxxxx at Seyfarth Xxxx LLP at xxxxxxx@xxxxxxxx.xxx overnight delivery before the end of this such seven-day period; and and (vii) the Employee Associate understands that the release contained in this paragraph does not apply to rights and claims that may arise after the Employee date on which the Associate signs this Agreement. This Agreement shall not become effective, including, but not limited to, until the non-application of the release for third-party claims made 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 of this Agreement based on facts or circumstances that arose prior to shall be the date of the execution 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 Agreement (ExOne Co)

Specific Release of ADEA Claims. In further consideration of the benefits provided to the Employee in this Agreement, the Employee Releasors you hereby irrevocably and unconditionally fully and forever waive, release, release and discharge the Released Parties from any and all Claimsclaims, whether known or unknown, from the beginning of time through to the date of the Employee’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 Employee you hereby acknowledges acknowledge and confirms that: confirm that (i) the Employee has you have read this Agreement in its entirety and understands understand all of its terms; ; (ii) by this Agreement, the Employee has you have been advised in writing of and have availed yourself of your right to consult with an your attorney of the Employee’s choosing and has consulted with such counsel as the Employee believed was necessary before signing prior to executing this Agreement; ; (iii) the Employee you knowingly, freely, freely and voluntarily agrees agree to all of the terms and conditions set out in this Agreement Agreement, including, without limitation, the waiver, release, release and covenants contained in it; herein; (iv) the Employee is signing 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 Employee is you are otherwise entitled; ; (v) the Employee was you were given at least twenty-one (21) days to consider the terms of this Agreement and consult with an attorney of the Employee’s your choice, although the Employee you may sign it sooner if desired, and changes to this Agreement, whether material or immaterial, do not restart the running of the 21-day period; ; (vi) the Employee understands you understand that the Employee has you have seven (7) days after signing from the date you sign this Agreement to revoke the release in this paragraph Section by delivering notice of revocation to Xxxxxxxx Xxxxxxxx at the Employer, xxxxxxxxx@xxxxxxxxxxxxxx.xxx Chair of the Board of Directors of the Company by email with a copy sent to Xxxx Xxxxxx at Seyfarth Xxxx LLP at xxxxxxx@xxxxxxxx.xxx e-mail before the end of this seven-day such seven (7)-day period; and and (vii) the Employee understands you understand that the release contained in this paragraph does not apply to rights and claims that may arise after the Employee signs date on which you sign this Agreement. The parties agree that any changes to this Agreement, includingwhether material or not, but do not limited to, restart the non-application running of the release for thirdtwenty-party claims made after the date of one (21)-day period. If you sign and do not revoke this Section, this Agreement based will become effective, in its entirety, on facts or circumstances that arose prior to the date of eighth (8th) day after you sign this Agreement (the execution of this Agreement“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 payments and benefits provided to the Employee in this Agreement, the Employee Releasors hereby irrevocably and unconditionally fully and forever Mr. Xxxxxx Xxxx February 28, 2023 waive, release, and discharge the Released Parties from any and all Claims, whether known or unknown, from the beginning of time through the date of the 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 Employee hereby acknowledges and confirms that: (i) the Employee has read this Agreement in its entirety and understands all of its terms; (ii) by this Agreement, the Employee has been advised in writing to consult with an attorney of the Employee’s choosing and has consulted with such counsel as the Employee believed was necessary before signing this Agreement; (iii) the Employee knowingly, freely, and voluntarily agrees to all of the terms and conditions set out in this Agreement including, without limitation, the waiver, release, and covenants contained in it; (iv) the Employee is signing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Employee is otherwise entitled; (v) the Employee was given at least twentyforty-one five (2145) days to consider the terms of this Agreement and the disclosure information attached hereto as Exhibit B (which is being provided pursuant to the Older Workers Benefit Protection Act), and consult with an attorney of the Employee’s choice, although the Employee may sign it sooner if desired, and changes to this Agreement, whether material or immaterial, do not restart the running of the 21-day period; (vi) the Employee understands that the Employee has seven (7) days after signing this Agreement to revoke the release in this paragraph by delivering notice of revocation to Xxxxxxxx Xxxxxxxx the Executive Vice President, General Counsel and Secretary at the Employer, xxxxxxxxx@xxxxxxxxxxxxxx.xxx by 000 Xxxx 00xx Xxxxxx, Xxx Xxxx, XX 00000, via email with a copy sent to Xxxx Xxxxxx at Seyfarth Xxxx LLP at xxxxxxx@xxxxxxxx.xxx xxxxxxx@xxxxxxxxxx.xxx, before the end of this seven-day period; and (vii) the Employee understands that the release contained in this paragraph does not apply to rights and claims that may arise after the Employee signs this Agreement, including, but not limited to, the non-application of the release for third-party claims made after the date of this Agreement based on facts or circumstances that arose prior to the date of the execution of this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Foot Locker, Inc.)

Specific Release of ADEA Claims. In further consideration of the benefits provided to the Employee in this Agreement, the Employee Releasors hereby irrevocably (a) You acknowledge that you are waiving and unconditionally fully and forever waive, release, and discharge the Released Parties from any and all Claims, whether known or unknown, from the beginning of time through the date of the Employee’s execution of this Agreement arising releasing claims under the Age Discrimination in Employment Act (ADEA)Act, as amended, and its implementing regulationsamended by the Older Workers’ Benefit Protection Act. By signing this Agreement, the Employee hereby acknowledges and confirms that: Your further acknowledge that you: (i) the Employee has have carefully read this Agreement in its entirety and understands all of its terms; entirety; (ii) by have had an opportunity to consider for at least [twenty-one (21)] [forty-five (45)] days the terms of this Agreement, ; (iii) are hereby advised by the Employee has been advised Company in writing to consult with an attorney of the Employee’s choosing and has consulted your choice in connection with such counsel as the Employee believed was necessary before signing this Agreement; ; (iiiiv) fully understand the Employee knowingly, freely, and voluntarily agrees to significance of all of the terms and conditions set out in of this Agreement includingand have discussed them with your independent legal counsel, without limitation, the waiver, release, and covenants contained in it; (iv) the Employee is signing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition or have had a reasonable opportunity to anything of value to which the Employee is otherwise entitled; do so; (v) have had answered to your satisfaction by your independent legal counsel any questions you have asked with regard to the Employee was given meaning and significance of any of the provisions of this Agreement; and (vi) are signing this Agreement voluntarily and of your own free will and agree to abide by all the terms and conditions contained herein. (b) You understand that you will have at least [twenty-one (21) )] [forty-five (45)] days from the date of receipt of this Agreement to consider the terms and conditions of this Agreement. You may accept this Agreement by signing it and consult with an attorney returning it to the Company’s Vice President, Compensation and Benefits at the address specified pursuant to Section 15 of the Employee’s choice, although the Employee may sign it sooner if desired, and changes to Employment Agreement. After executing this Agreement, whether material or immaterial, do not restart the running of the 21-day period; (vi) the Employee understands that the Employee has you shall have seven (7) days after signing (the “Revocation Period”) to revoke this Agreement (other than Section 1(a) above) by indicating your desire to revoke do so in writing delivered to the release in this paragraph by delivering notice of revocation to Xxxxxxxx Xxxxxxxx Vice President, Compensation and Benefits at the Employer, xxxxxxxxx@xxxxxxxxxxxxxx.xxx address above by email with a copy sent to Xxxx Xxxxxx at Seyfarth Xxxx LLP at xxxxxxx@xxxxxxxx.xxx before no later than 5:00 p.m. Central Standard Time on the end of this seven-seventh (7th) day period; and (vii) the Employee understands that the release contained in this paragraph does not apply to rights and claims that may arise after the Employee signs date you sign this Agreement. This Agreement shall not become effective until the eighth (8th) day after you sign this Agreement (the “Effective Date”), includingprovided you do not revoke your consent during the Revocation Period. If the last day of the Revocation Period falls on a Saturday, Sunday or holiday, the last day of the Revocation Period will be deemed to be the next business day. In the event you do not accept this Agreement as set forth above, or in the event you revoke this Agreement during the Revocation Period, this Agreement (other than Section 1(a) above), including but not limited to, to the non-application obligation of the release for third-party claims made after Company to provide the date payments and benefits provided in Section 1(b) above, shall be deemed automatically null and void. You hereby acknowledge and agree that Section 1(a) shall take immediate and irrevocable effect as of the Separation Date, regardless of whether you invoke your right to revoke this Agreement based on facts or circumstances that arose prior to the date of the execution of in accordance with this AgreementSection 3.

Appears in 1 contract

Samples: Employment Agreement (Six Flags Entertainment Corp)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Employee Executive in this Agreement, the Employee Releasors hereby irrevocably and unconditionally fully and forever waive, release, and discharge the Released Parties from any and all Claims, whether known or unknown, from the beginning of time through the date of the EmployeeExecutive’s execution of this Agreement arising under the Age Discrimination in Employment Act (ADEA)of 1967, as amended, 29 U.S.C. §§ 621 et. seq., and its implementing regulations. By signing this Agreement, the Employee Executive hereby acknowledges and confirms that: (i) the Employee Executive has read this Agreement in its entirety and understands all of its terms; (ii) by this Agreement, the Employee Executive has been advised in writing to consult with an attorney of the EmployeeExecutive’s choosing and has consulted with such counsel as the Employee believed was necessary before signing this Agreement; (iii) the Employee Executive knowingly, freely, and voluntarily agrees to all of the terms and conditions set out in this Agreement including, without limitation, the waiver, release, and covenants contained in it; (iv) the Employee Executive is signing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Employee Executive is otherwise entitled; (v) the Employee Executive was given at least twenty-one (21) days to consider the terms of this Agreement and consult with an attorney of the EmployeeExecutive’s choice, although the Employee Executive may sign it sooner if desired, and changes to this Agreement, whether material or immaterial, do not restart the running of the 21-day period; (vi) the Employee Executive understands that the Employee Executive has seven (7) days after signing this Agreement to revoke the release in this paragraph by delivering notice of revocation to Xxxxxxxx Xxxxxxxx Xxxxxxx Xxxxx, President and CEO of Castle Creek Biosciences, Inc., at the Employer000 Xxxxxxxxx Xxxx., xxxxxxxxx@xxxxxxxxxxxxxx.xxx Xxxxx, XX 00000 by email with a copy sent to Xxxx Xxxxxx at Seyfarth Xxxx LLP at xxxxxxx@xxxxxxxx.xxx or overnight mail before the end of this seven-day period; and (vii) the Employee Executive understands that this Agreement shall not become effective until the release contained in this paragraph does not apply to rights and claims that may arise eighth (8th) day after the Employee signs this AgreementExecutive signs, includingwithout revoking, but not limited to, the non-application of the release for third-party claims made after the date of this Agreement based on facts or circumstances that arose prior (“Effective Date”). No payments due to the date of Executive under this Agreement shall be made or begin before the execution of this AgreementEffective Date.

Appears in 1 contract

Samples: Separation and Release of Claims Agreement (Castle Creek Biosciences, Inc.)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Employee in this Agreement, the Employee Releasors hereby irrevocably and unconditionally fully and forever waive, release, and discharge the Released Parties from any and all Claims, whether known or unknown, from the beginning of time through the date of the 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 Employee hereby acknowledges and confirms that: (i) the Employee has read this Agreement in its entirety and understands all of its terms; (ii) by this Agreement, the Employee has been advised in writing to consult with an attorney of the Employee’s choosing and has consulted with such counsel as the Employee believed was necessary before signing this Agreement; (iii) the Employee knowingly, freely, and voluntarily agrees to all of the terms and conditions set out in this Agreement including, without limitation, the waiver, release, and covenants contained in it; (iv) the Employee is signing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Employee is otherwise entitled; (v) the Employee was given at least twentyforty-one five (2145) days to consider the terms of this Agreement and the disclosure information attached hereto as Exhibit B (which is being provided pursuant to the Older Workers Benefit Protection Act), and consult with an attorney of the Employee’s choice, although the Employee may sign it sooner if desired, and changes to this Agreement, whether material or immaterial, do not restart the running of the 21-day period; (vi) the Employee understands that the Employee has seven (7) days after signing this Agreement to revoke the release in this paragraph by delivering notice of revocation to Xxxxxxxx Xxxxxxxx the Executive Vice President, General Counsel and Secretary at the Employer, xxxxxxxxx@xxxxxxxxxxxxxx.xxx by 000 Xxxx 00xx Xxxxxx, Xxx Xxxx, XX 00000, via email with a copy sent to Xxxx Xxxxxx at Seyfarth Xxxx LLP at xxxxxxx@xxxxxxxx.xxx xxxxxxx@xxxxxxxxxx.xxx, before the end of this seven-day period; and (vii) the Employee understands that the release contained in this paragraph does not apply to rights and claims that may arise after the Employee signs this Agreement, including, but not limited to, the non-application of the release for third-party claims made after the date of this Agreement based on facts or circumstances that arose prior to the date of the execution of this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Foot Locker, Inc.)

Specific Release of ADEA Claims. In further consideration of the benefits provided to the Employee in this Agreement, the Employee Releasors hereby irrevocably (a) You acknowledge that you are waiving and unconditionally fully and forever waive, release, and discharge the Released Parties from any and all Claims, whether known or unknown, from the beginning of time through the date of the Employee’s execution of this Agreement arising releasing claims under the Age Discrimination in Employment Act (ADEA)Act, as amended, and its implementing regulationsamended by the Older Workers’ Benefit Protection Act. By signing this Agreement, the Employee hereby acknowledges and confirms that: Your further acknowledge that you: (i) the Employee has have carefully read this Agreement in its entirety and understands all of its terms; entirety; (ii) have had an opportunity to consider the terms of this Agreement for at least twenty-one (21) days; (iii) are hereby advised by this Agreement, the Employee has been advised Company in writing to consult with an attorney of the Employee’s choosing and has consulted your choice in connection with such counsel as the Employee believed was necessary before signing this Agreement; ; (iiiiv) fully understand the Employee knowingly, freely, and voluntarily agrees to significance of all of the terms and conditions set out in of this Agreement includingand have discussed them with your independent legal counsel, without limitation, the waiver, release, and covenants contained in it; (iv) the Employee is signing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition or have had a reasonable opportunity to anything of value to which the Employee is otherwise entitled; do so; (v) have had answered to your satisfaction by your independent legal counsel any questions you have asked with regard to the Employee was given meaning and significance of any of the provisions of this Agreement; and (vi) are signing this Agreement voluntarily and of your own free will and agree to abide by all the terms and conditions contained herein. (b) You understand that you will have at least twenty-one (21) days from the date of receipt of this Agreement to consider the terms and conditions of this Agreement. You may accept this Agreement by signing it and consult with an attorney returning it to the Company’s Chief Financial Officer at the address specified pursuant to Section 15 of the Employee’s choice, although the Employee may sign it sooner if desired, and changes to Employment Agreement. After executing this Agreement, whether material or immaterial, do not restart the running of the 21-day period; (vi) the Employee understands that the Employee has you shall have seven (7) days after signing (the “Revocation Period”) to revoke this Agreement (other than Section 1(a) above) by indicating your desire to revoke do so in writing delivered to the release in this paragraph by delivering notice of revocation to Xxxxxxxx Xxxxxxxx Chief Financial Officer at the Employer, xxxxxxxxx@xxxxxxxxxxxxxx.xxx address above by email with a copy sent to Xxxx Xxxxxx at Seyfarth Xxxx LLP at xxxxxxx@xxxxxxxx.xxx before no later than 5:00 p.m. Central Standard Time on the end of this seven-seventh (7th) day period; and (vii) the Employee understands that the release contained in this paragraph does not apply to rights and claims that may arise after the Employee signs date you sign this Agreement. This Agreement shall not become effective until the eighth (8th) day after you sign this Agreement (the “Effective Date”), includingprovided you do not revoke your consent during the Revocation Period. If the last day of the Revocation Period falls on a Saturday, Sunday or holiday, the last day of the Revocation Period will be deemed to be the next business day. In the event you do not accept this Agreement as set forth above, or in the event you revoke this Agreement during the Revocation Period, this Agreement (other than Section 1(a) above), including but not limited to, to the non-application obligation of the release for third-party claims made after Company to provide the date payments and benefits provided in Section 1(b) above, shall be deemed automatically null and void. You hereby acknowledge and agree that Section 1(a) shall take immediate and irrevocable effect as of the Termination Date, regardless of whether you invoke your right to revoke this Agreement based on facts or circumstances that arose prior to the date of the execution of in accordance with this AgreementSection 3.

Appears in 1 contract

Samples: Separation Agreement and General Release (Six Flags Entertainment Corp)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Employee in this Agreement, the Employee Releasors hereby irrevocably and unconditionally fully and forever waive, release, and discharge the Released Parties Releasees from any and all Claims, whether known or unknown, from the beginning of time through the date of the Employee’s '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 Employee hereby acknowledges and confirms that: (i) the Employee has read this Agreement in its entirety and understands all of its terms; (ii) by this Agreement, the Employee has been advised in writing to consult with an attorney of the Employee’s 's choosing and has consulted with such counsel as if and to the extent Employee believed was necessary before signing this Agreement; (iii) the Employee knowingly, freely, and voluntarily agrees to all of the terms and conditions set out in this Agreement including, without limitation, the waiver, release, and covenants contained in it; (iv) the Employee is signing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Employee is otherwise entitled; (v) the Employee was given at least twentyforty-one five (2145) days to consider the terms of this Agreement and consult with an attorney of the Employee’s 's choice, although the Employee may sign it sooner if desired, desired and any subsequent changes to this Agreement, whether material or immaterial, do not restart the running of the 2145-day period; (vi) the Employee understands that the Employee has seven (7) days after signing this Agreement to revoke the release in this paragraph by delivering notice of revocation to Xxxxxxxx Xxxxxxxx at the EmployerXxxxxxx Xxxxxxxxx, xxxxxxxxx@xxxxxxxxxxxxxx.xxx General Counsel, Vireo Health, Inc., 000 Xxxxx Xxxxx Xxxxxx, Xxxxxxxxxxx XX 00000, email: xxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx by email with a copy sent to Xxxx Xxxxxx at Seyfarth Xxxx LLP at xxxxxxx@xxxxxxxx.xxx or overnight delivery before the end of this seven-day period; and (vii) the Employee understands that the release contained in this paragraph does not apply to rights and claims that may arise after the Employee signs this Agreement, including, but not limited to, the non-application of the release for third-party claims made after the date of this Agreement based on facts or circumstances that arose prior to the date of the execution of this Agreement.

Appears in 1 contract

Samples: Confidential Separation Agreement, Waiver and Release (Goodness Growth Holdings, Inc.)

Specific Release of ADEA Claims. In further consideration of the benefits provided to the Employee in this Agreement, the Employee Releasors hereby irrevocably (a) You acknowledge that you are waiving and unconditionally fully and forever waive, release, and discharge the Released Parties from any and all Claims, whether known or unknown, from the beginning of time through the date of the Employee’s execution of this Agreement arising releasing claims under the Age Discrimination in Employment Act (ADEA)Act, as amended, and its implementing regulationsamended by the Older Workers’ Benefit Protection Act. By signing this Agreement, the Employee hereby acknowledges and confirms that: Your further acknowledge that you: (i) the Employee has have carefully read this Agreement in its entirety and understands all of its terms; entirety; (ii) by have had an opportunity to consider for at least [twenty-one (21)] [forty-five (45)] days the terms of this Agreement, ; (iii) are hereby advised by the Employee has been advised Company in writing to consult with an attorney of the Employee’s choosing and has consulted your choice in connection with such counsel as the Employee believed was necessary before signing this Agreement; ; (iiiiv) fully understand the Employee knowingly, freely, and voluntarily agrees to significance of all of the terms and conditions set out in of this Agreement includingand have discussed them with your independent legal counsel, without limitation, the waiver, release, and covenants contained in it; (iv) the Employee is signing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition or have had a reasonable opportunity to anything of value to which the Employee is otherwise entitled; do so; (v) have had answered to your satisfaction by your independent legal counsel any questions you have asked with regard to the Employee was given meaning and significance of any of the provisions of this Agreement; and (vi) are signing this Agreement voluntarily and of your own free will and agree to abide by all the terms and conditions contained herein. (b) You understand that you will have at least [twenty-one (21) )] [forty-five (45)] days from the date of receipt of this Agreement to consider the terms and conditions of this Agreement. You may accept this Agreement by signing it and consult with an attorney returning it to the Company’s Vice President, Compensation and Benefits at the address specified pursuant to Section 14 of the Employee’s choice, although the Employee may sign it sooner if desired, and changes to Employment Agreement. After executing this Agreement, whether material or immaterial, do not restart the running of the 21-day period; (vi) the Employee understands that the Employee has you shall have seven (7) days after signing (the “Revocation Period”) to revoke this Agreement (other than Section 1(a) above) by indicating your desire to revoke do so in writing delivered to the release in this paragraph by delivering notice of revocation to Xxxxxxxx Xxxxxxxx Vice President, Compensation and Benefits at the Employer, xxxxxxxxx@xxxxxxxxxxxxxx.xxx address above by email with a copy sent to Xxxx Xxxxxx at Seyfarth Xxxx LLP at xxxxxxx@xxxxxxxx.xxx before no later than 5:00 p.m. Central Standard Time on the end of this seven-seventh (7th) day period; and (vii) the Employee understands that the release contained in this paragraph does not apply to rights and claims that may arise after the Employee signs date you sign this Agreement. This Agreement shall not become effective until the eighth (8th) day after you sign this Agreement (the “Effective Date”), includingprovided you do not revoke your consent during the Revocation Period. If the last day of the Revocation Period falls on a Saturday, Sunday or holiday, the last day of the Revocation Period will be deemed to be the next business day. In the event you do not accept this Agreement as set forth above, or in the event you revoke this Agreement during the Revocation Period, this Agreement (other than Section 1(a) above), including but not limited to, to the non-application obligation of the release for third-party claims made after Company to provide the date payments and benefits provided in Section 1(b) above, shall be deemed automatically null and void. You hereby acknowledge and agree that Section 1(a) shall take immediate and irrevocable effect as of the Separation Date, regardless of whether you invoke your right to revoke this Agreement based on facts or circumstances that arose prior to the date of the execution of in accordance with this Agreement.Section 3. ​

Appears in 1 contract

Samples: Employment Agreement (Six Flags Entertainment Corp)

Specific Release of ADEA Claims. In further consideration of the benefits provided to the Employee in this Agreement, the Employee Releasors you hereby irrevocably and unconditionally fully and forever waive, release, release and discharge the Released Parties from any and all Claimsclaims, whether known or unknown, from the beginning of time through to the date of the Employee’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 Employee you hereby acknowledges acknowledge and confirms that: confirm that (i) the Employee has you have read this Agreement in its entirety and understands understand all of its terms; ; (ii) by this Agreement, the Employee has you have been advised in writing of and have availed yourself of your right to consult with an your attorney of the Employee’s choosing and has consulted with such counsel as the Employee believed was necessary before signing prior to executing this Agreement; ; (iii) the Employee you knowingly, freely, freely and voluntarily agrees agree to all of the terms and conditions set out in this Agreement Agreement, including, without limitation, the waiver, release, release and covenants contained in it; herein; (iv) the Employee is signing 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 Employee is you are otherwise entitled; ; (v) the Employee was you were given at least twenty-one (21) days to consider the terms of this Agreement and consult with an attorney of the Employee’s your choice, although the Employee you may sign it sooner if desired, and changes to this Agreement, whether material or immaterial, do not restart the running of the 21-day period; ; (vi) the Employee understands you understand that the Employee has you have seven (7) days after signing from the date you sign this Agreement to revoke the release in this paragraph Section by delivering notice of revocation to Xxxxxxxx Xxxxxxxx at the Employer, xxxxxxxxx@xxxxxxxxxxxxxx.xxx Chairman of the Board of Directors of the Company by email with a copy sent to Xxxx Xxxxxx at Seyfarth Xxxx LLP at xxxxxxx@xxxxxxxx.xxx e-mail before the end of this seven-day such seven (7)-day period; and and (vii) the Employee understands you understand that the release contained in this paragraph does not apply to rights and claims that may arise after the Employee signs date on which you sign this Agreement. The parties agree that any changes to this Agreement, includingwhether material or not, but do not limited to, restart the non-application running of the release for thirdtwenty-party claims made after the date of one (21)-day period. If you sign and do not revoke this Section, this Agreement based will become effective, in its entirety, on facts or circumstances that arose prior to the date of eighth (8th) day after you sign this Agreement (the execution of this Agreement“Effective Date”).

Appears in 1 contract

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

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Specific Release of ADEA Claims. In further consideration of the benefits consideration provided to the Employee in this AgreementEmployee, the Employee Releasors hereby irrevocably and unconditionally fully and forever waive, release, and discharge the Released Parties Releasees from any and all Claims, whether known or unknown, from the beginning of time through to the date of the Employee’s execution of this Agreement Reaffirmation arising under the Age Discrimination in Employment Act (ADEA), as amended, and its implementing regulations. By signing this AgreementReaffirmation, the Employee hereby acknowledges and confirms that: (i) the a. Employee has read this Agreement Reaffirmation in its entirety and understands all of its terms; (ii) b. by this AgreementReaffirmation, the Employee has been advised in writing of the right to consult with an attorney of the Employee’s choosing and has consulted with such counsel as the Employee believed was necessary before signing executing this AgreementReaffirmation; (iii) c. the Employee knowingly, freely, and voluntarily agrees assents to all of the terms and conditions set out in this Agreement Reaffirmation including, without limitation, the waiver, release, and covenants contained in it; (iv) d. the Employee is signing executing this AgreementReaffirmation, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Employee is otherwise entitled; (v) e. the Employee was given at least twenty-one forty five (2145) days to consider the terms of this Agreement Reaffirmation and consult with an attorney of the Employee’s choice, although the Employee may sign it sooner if desired, desired and changes to this AgreementReaffirmation, whether material or immaterial, do not restart the running of the 2145-day period; (vi) f. the Employee understands that the Employee he has seven (7) days after from signing this Agreement Reaffirmation to revoke the release in this paragraph by delivering notice of revocation to Xxxxxxxx Xxxxxxxx at the EmployerXxxxxxx X. Xxxx, xxxxxxxxx@xxxxxxxxxxxxxx.xxx Senior Vice President & Chief Human Resources Officer, Kaman Corporation, 0000 Xxxx Xxxxx Xxxxx, Xxxxxxxxxx, XX 00000 by email with a copy sent to Xxxx Xxxxxx at Seyfarth Xxxx LLP at xxxxxxx@xxxxxxxx.xxx Xxxx.Xxxx@xxxxx.xxx or by overnight delivery before the end of this such seven-day period; and; (vii) g. the Employee understands that the release contained in this paragraph does not apply to rights and claims that may arise after the Employee signs this Agreement, including, but Reaffirmation; and h. this Reaffirmation shall not limited to, become effective until the non-application of the release for third-party claims made eighth (8th) day after the date Employee and the Company sign, without revoking, this Reaffirmation (referred to throughout the remainder of this Agreement based on facts or circumstances that arose prior Reaffirmation as the “Effective Date”). No payment due to the date of Employee under this Reaffirmation shall be made or begin before the execution of this AgreementEffective Date.

Appears in 1 contract

Samples: Garden Leave and General Release Agreement (KAMAN Corp)

Specific Release of ADEA Claims. In further consideration As of the benefits provided to Re-Execution Effective Date (as defined in Appendix A), you acknowledge and agree that you are hereby waiving and releasing any age Claims or rights you may have under ADEA through the Employee in Reaffirmation Date. In connection with this Agreement, the Employee Releasors hereby irrevocably and unconditionally fully and forever waive, ADEA release, and discharge the Released Parties from any and all Claims, whether known or unknown, from the beginning of time through the date of the 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 Employee hereby acknowledges and confirms that: you agree that (i) the Employee has read you are hereby entering into this Agreement in its entirety waiver and understands all of its terms; release knowingly and voluntarily, (ii) by this AgreementADEA release does not apply to any rights or Claims that may arise under ADEA after the Reaffirmation Date, the Employee has been advised in writing to consult with an attorney of the Employee’s choosing and has consulted with such counsel as the Employee believed was necessary before signing this Agreement; (iii) the Employee knowingly, freely, and voluntarily agrees to all consideration given for this release of the terms and conditions set out in this Agreement including, without limitation, the waiver, release, and covenants contained in it; (iv) the Employee ADEA Claims is signing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Employee is otherwise you were already entitled;, and (iv) you have been advised by this writing that: (vA) the Employee was given at least twenty-one (21) days to consider the terms of this Agreement and you should consult with an attorney of prior to executing the Employee’s choice, although the Employee may sign it sooner if desired, and changes to this Agreement, whether material or immaterial, do not restart the running of the 21-day period; (viB) you have until June 12, 2018, which is at least forty-five (45) days after receipt of the Employee understands Agreement, to consider whether to re-execute it, by signing the Reaffirmation Page set forth on Appendix A, and release any age Claim under ADEA following the Retirement Date; provided, however, that the Employee has Agreement may not be reaffirmed by you prior to the Retirement Date. If you choose to re-execute the Agreement before June 12, 2018, you do so knowingly and voluntarily; (C) you have seven (7) days after signing this following your re-execution of the Agreement to revoke the portion of the release applicable to ADEA Claims set forth in this paragraph Section 9(f) by delivering notice of revocation to Xxxxxxxx Xxxxxxxx at notifying the Employer, xxxxxxxxx@xxxxxxxxxxxxxx.xxx by email with a copy sent to Xxxx Xxxxxx at Seyfarth Xxxx LLP at xxxxxxx@xxxxxxxx.xxx before the end Company of this seven-fact, in writing, within such seven (7) day period, at 500 Xxxxxx Xxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxx 00000, attention: Kxx Xxxxx, Vice President, Human Resources & Administration; and (viiD) in accordance with the requirements of ADEA, you were provided with information, appended hereto as Appendix B, regarding (i) the Employee understands that the release contained job title and age of each employee in this paragraph does not apply to rights and claims that may arise after the Employee signs this Agreement, including, but not limited to, the non-application of the release for third-party claims made after an affected job classification or organizational unit whose employment is being terminated on the date hereof or in proximity thereto and (ii) the job title and age of this Agreement based each employee in such affected job classification or organizational unit who is not being terminated on facts or circumstances that arose prior to the date of the execution of this Agreementhereof or in proximity hereto.

Appears in 1 contract

Samples: Retirement Agreement (Amplify Energy Corp)

Specific Release of ADEA Claims. In further consideration of the benefits Separation Pay and Separation Benefits provided to the Employee you in this Agreement, the Employee Releasors you hereby irrevocably and unconditionally fully and forever waive, release, release and discharge the Released Parties from any and all Claimsclaims, whether known or unknown, from the beginning of time through to the date of the Employee’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 Employee you hereby acknowledges acknowledge and confirms that: confirm that (i) the Employee has you have read this Agreement in its entirety and understands understand all of its terms; ; (ii) by this Agreement, the Employee has you have been advised in writing of and have availed yourself of your right to consult with an your attorney of the Employee’s choosing and has consulted with such counsel as the Employee believed was necessary before signing prior to executing this Agreement; ; (iii) the Employee you knowingly, freely, freely and voluntarily agrees agree to all of the terms and conditions set out in this Agreement Agreement, including, without limitation, the waiver, release, release and covenants contained in it; herein; (iv) the Employee is signing 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 Employee is you are otherwise entitled; ; (v) the Employee was you were given at least twenty-one (21) days to consider the terms of this Agreement and consult with an attorney of the Employee’s your choice, although the Employee you may sign it sooner if desired, and changes to this Agreement, whether material or immaterial, do not restart the running of the 21-day period; ; (vi) the Employee understands you understand that the Employee has you have seven (7) days after signing from the date you sign this Agreement to revoke the release in this paragraph Section by delivering notice of revocation to Xxxxxxxx Xxxxxxxx Xxxxx Xxxxxxxx, Vice President of Human Resources at the Employer, xxxxxxxxx@xxxxxxxxxxxxxx.xxx xxxxxxxxx@xxxxxx.xxx by email with a copy sent to Xxxx Xxxxxx at Seyfarth Xxxx LLP at xxxxxxx@xxxxxxxx.xxx e-mail before the end of this seven-day such seven (7)-day period; and and (vii) the Employee understands you understand that the release contained in this paragraph does not apply to rights and claims that may arise after the Employee signs date on which you sign this Agreement. The parties agree that any changes to this Agreement, includingwhether material or not, but do not limited to, restart the non-application running of the release for thirdtwenty-party claims made after the date of one (21)-day period. If you sign and do not revoke this Section, this Agreement based will become effective, in its entirety, on facts or circumstances that arose prior to the date of eighth (8th) day after you sign this Agreement (the execution of this Agreement“Effective Date”).

Appears in 1 contract

Samples: Confidential Employment Separation Agreement (Northwest Pipe Co)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Employee in this Agreement, the Employee Releasors hereby irrevocably and unconditionally fully and forever waive, release, and discharge the Released Parties from any and all Claims, whether known or unknown, from the beginning of time through the date of the 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 Employee hereby acknowledges and confirms that: (ia) the Employee has read this Agreement in its entirety and understands all of its terms; (iib) by this Agreement, the Employee has been advised in writing to consult with an attorney of the Employee’s choosing attorney, and has consulted with such counsel as counsel, who helped to negotiate this Agreement, to the extent Employee believed was has deemed necessary before signing this Agreement;; ​ (iiic) the Employee knowingly, freely, and voluntarily agrees to all of the terms and conditions set out in this Agreement including, without limitation, the waiver, release, and covenants contained in it; (ivd) the Employee is signing executing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Employee is otherwise entitled; (ve) the Employee was given at least twenty-one (21) days to consider the terms of this Agreement and consult with an attorney of the Employee’s choice, although the Employee may sign it sooner if desired, desired and changes to this Agreement, whether material or immaterial, do not restart the running of the 21-day period; (vif) the Employee understands that the Employee has seven (7) days after from the date of signing this Agreement to revoke the release in this paragraph paragraph, and may do so by delivering notice of revocation to Xxxxxxxx Xxxxxxxx at the outside counsel for Employer, xxxxxxxxx@xxxxxxxxxxxxxx.xxx Xxxxxxx X. Xxxxxx at Barack, Xxxxxxxxxx, Xxxxxxxxxx & Xxxxxxxxx LLP, by email with a copy sent to Xxxx Xxxxxx at Seyfarth Xxxx LLP at xxxxxxx@xxxxxxxx.xxx (xxxxxxx.xxxxxx@xxxx.xxx) before the end of this the seven-day period; provided, however, that Employee understands and acknowledges that should Employee choose to revoke this ADEA release, the Agreement as a whole will fail to become effective and Employee will not receive or be entitled to the Severance Pay described in Section 6(a); and (viig) the Employee understands that the release contained in this paragraph does not apply to rights and claims that may arise after the date on which Employee signs this Agreement, including, but not limited to, the non-application of the release for third-party claims made after the date of this Agreement based on facts or circumstances that arose prior to the date of the execution of this Agreement.

Appears in 1 contract

Samples: Separation Agreement (QCR Holdings Inc)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Employee in this Agreement, the Employee Releasors hereby irrevocably and unconditionally fully and forever waive, release, and discharge the Released Parties Releasees from any and all Claims, whether known or unknown, from the beginning of time through to the date of the 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 Employee hereby acknowledges and confirms that: (i) the i. Employee has read this Agreement in its entirety and understands all of its terms; (ii) . by this Agreement, the Employee has been advised in writing of the right to consult with an attorney of the Employee’s choosing and has consulted with such counsel as the Employee believed was necessary before signing executing this Agreement; (iii) the . Employee knowingly, freely, and voluntarily agrees assents to all of the terms and conditions set out in this Agreement including, without limitation, the waiver, release, and covenants contained in it; (iv) the . Employee is signing executing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Employee is otherwise entitled; (v) the v. Employee was given at least twentyforty-one five (2145) days to consider the terms of this Agreement and consult with an attorney of the Employee’s choice, although the Employee may sign it sooner if desired, desired and changes to this Agreement, whether material or immaterial, do not restart the running of the 2145-day period; (vi) the . Employee understands that the Employee he has seven (7) days after from signing this Agreement to revoke the release in this paragraph by delivering notice of revocation to Xxxxxxxx Xxxxxxxx at the EmployerXxxxxxx X. Xxxx, xxxxxxxxx@xxxxxxxxxxxxxx.xxx Senior Vice President & Chief Human Resources Officer, Kaman Corporation, 0000 Xxxx Xxxxx Xxxxx, Xxxxxxxxxx, XX 00000 by email with a copy sent to Xxxx Xxxxxx at Seyfarth Xxxx LLP at xxxxxxx@xxxxxxxx.xxx Xxxx.Xxxx@xxxxx.xxx or by overnight delivery before the end of this such seven-day period; and; (vii) the . Employee understands that the release contained in this paragraph does not apply to rights and claims that may arise after the Employee signs this Agreement, including, but not limited to, the non-application of the release for third-party claims made after the date of ; and viii. this Agreement based on facts shall not become effective until the eighth (8th) day after Employee and the Company sign, without revoking, this Agreement (the “Effective Date”). No payment due to Employee under this Agreement shall be made or circumstances that arose prior to begin before the date of the execution of this AgreementEffective Date.

Appears in 1 contract

Samples: Garden Leave and General Release Agreement (KAMAN Corp)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Employee you in this Agreement, the Employee Releasors you hereby irrevocably and unconditionally fully and forever waive, release, release and discharge the Released Parties Company from any and all Claimsclaims, whether known or unknown, from the beginning of time through to the date of the Employee’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 Employee you hereby acknowledges acknowledge and confirms confirm that: : (i) the Employee has you have read this Agreement in its entirety and understands understand all of its terms; ; (ii) by this Agreementyou have been provided with information, attached hereto, as to the Employee 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 in writing of and have availed yourself of your right to consult with an your attorney of the Employee’s choosing and has consulted with such counsel as the Employee believed was necessary before signing prior to executing this Agreement; ; (iiiiv) the Employee you knowingly, freely, freely and voluntarily agrees assent to all of the terms and conditions set out in this Agreement including, without limitation, the waiver, release, release and covenants contained in it; herein; (ivv) the Employee is signing 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 Employee is you are otherwise entitled; ; (vvi) the Employee was you were given at least twenty-one (21) days to consider the terms of this Agreement and consult with an attorney of the Employee’s your choice, although the Employee you may sign it sooner if desired, and changes to this Agreement, whether material or immaterial, do not restart the running of the 21-day period; ; (vivii) the Employee understands you understand that the Employee has you have seven (7) days after signing from the date you sign this Agreement to revoke the release in this paragraph by delivering written notice of revocation to Xxxxxxxx Xxxxxxxx Patty Doxxxxxx, Xxxxxx Vice President, Human Resources, at the Employeraddress of the Company, xxxxxxxxx@xxxxxxxxxxxxxx.xxx by email with a copy sent to Xxxx Xxxxxx at Seyfarth Xxxx LLP at xxxxxxx@xxxxxxxx.xxx before the end of this seven-day period4321 Colxxxxxxx Xxxx, Xxxxx, Xxxxxxxx 00000; and xxx (viixiii) the Employee 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 Employee signs this Agreement, including, but not limited to, the non-application of the release for third-party claims made after the date of this Agreement based on facts or circumstances that arose prior to the date of the execution of which you sign this Agreement.

Appears in 1 contract

Samples: Executive Separation Agreement and Release (Inovalon Holdings, Inc.)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Employee in you by this Agreement, the Employee Releasors hereby irrevocably and unconditionally fully release and forever waive, release, and discharge the Released Parties from any and all Claims, whether known or unknown, from Claims that the beginning Releasors may have as of time through the date of the Employee’s execution of you sign this Agreement arising under the Age Discrimination in Employment Act (ADEA), as amended, and its implementing regulations. By signing this Agreement, the Employee you hereby acknowledges acknowledge and confirms confirm that: : (i) the Employee has read this Agreement in its entirety and understands all connection with your termination of its terms; (ii) by this Agreementemployment, the Employee has you have been advised in writing by the Company to consult with an attorney of the Employee’s choosing and has consulted with such counsel as the Employee believed was necessary your choice before signing this Agreement; (iii) Agreement to have the Employee knowingly, freely, and voluntarily agrees to all of attorney explain the terms and conditions set out in this Agreement including, without limitation, the waiver, release, and covenants contained in it; (iv) the Employee is 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 Employee is otherwise entitled; ADEA; (vii) the Employee was you were given at least no less than twenty-one (21) days to consider the terms of this the Agreement and consult with an attorney of the Employee’s your choice, although the Employee you may sign it sooner if desired, and changes ; (iii) you are providing this release in exchange for consideration in addition to this Agreement, whether material or immaterial, do not restart the running of the 21-day period; that which you are already entitled; (viiv) the Employee understands you understand that the Employee has you have seven (7) days after the date 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 Section to Xxxxxxxx Xxxxxxxx the Company’s General Counsel, at the Employerfollowing address: 000 Xxxxxxxx Xxx, xxxxxxxxx@xxxxxxxxxxxxxx.xxx by email with a copy sent to Xxxx Xxxxxx at Seyfarth Xxxx LLP at xxxxxxx@xxxxxxxx.xxx Xxxxxxx Xxxx, Xxxxxxxxxx 00000, before the end of this 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 Employee 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 Employee signs date on which you sign this Agreement and (vii) you knowingly and voluntarily accept the terms of this Agreement. You further agree that any change to this Agreement, includingwhether material or immaterial, but will not limited to, restart the non21-application of day period for you to consider the release for third-party claims made after the date of this Agreement based on facts or circumstances that arose prior to the date of the execution terms of this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Adverum Biotechnologies, Inc.)

Specific Release of ADEA Claims. In further consideration of the benefits Separation Pay and Separation Benefits provided to the Employee you in this Agreement, the Employee Releasors you hereby irrevocably and unconditionally fully and forever waive, release, release and discharge the Released Parties from any and all Claimsclaims, whether known or unknown, from the beginning of time through to the date of the Employee’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 Employee you hereby acknowledges acknowledge and confirms that: confirm that (i) the Employee has you have read this Agreement in its entirety and understands understand all of its terms; ; (ii) by this Agreement, the Employee has you have been advised in writing of and have availed yourself of your right to consult with an your attorney of the Employee’s choosing and has consulted with such counsel as the Employee believed was necessary before signing prior to executing this Agreement; ; (iii) the Employee you knowingly, freely, freely and voluntarily agrees agree to all of the terms and conditions set out in this Agreement Agreement, including, without limitation, the waiver, release, release and covenants contained in it; herein; (iv) the Employee is signing 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 Employee is you are otherwise entitled; ; (v) the Employee was you were given at least twenty-one (21) days to consider the terms of this Agreement and consult with an attorney of the Employee’s your choice, although the Employee you may sign it sooner if desired, and changes to this Agreement, whether material or immaterial, do not restart the running of the 21-day period; ; (vi) the Employee understands you understand that the Employee has you have seven (7) days after signing from the date you sign this Agreement to revoke the release in this paragraph Section by delivering notice of revocation to Xxxxxxxx Xxxxxxxx Xxxxx Xxxxxxxx, Vice President of Human Resources at the Employer, xxxxxxxxx@xxxxxxxxxxxxxx.xxx xxxxxxxxx@xxxxxx.xxx by email with a copy sent to Xxxx Xxxxxx at Seyfarth Xxxx LLP at xxxxxxx@xxxxxxxx.xxx e-mail before the end of this seven-day such seven (7)-day period; and and (vii) the Employee understands you understand that the release contained in this paragraph does not apply to rights and claims that may arise after the Employee signs date on which you sign this Agreement. The parties agree that any changes to this Agreement, includingwhether material or not, but do not limited to, restart the non-application running of the release for thirdtwenty-party claims made after the date of one (21)-day period. northwest pipe company If you sign and do not revoke this Section, this Agreement based will become effective, in its entirety, on facts or circumstances that arose prior to the date of eighth (8th) day after you sign this Agreement (the execution of this Agreement“Effective Date”).

Appears in 1 contract

Samples: Confidential Employment Separation Agreement (Northwest Pipe Co)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Employee in this Agreement, the Employee Releasors hereby irrevocably and unconditionally fully and forever waive, release, and discharge the Released Parties from any and all Claims, whether known or unknown, from the beginning of time through the date of the Employee’s '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 Employee hereby acknowledges and confirms that: (i) the Employee has read this Agreement in its entirety and understands all of its terms; (ii) by this Agreement, the Employee has been advised in writing to consult with an attorney of the Employee’s 's choosing and has consulted with such counsel as the Employee believed was necessary before signing this Agreement; (iii) the Employee knowingly, freely, and voluntarily agrees to all of the terms and conditions set out in this Agreement including, without limitation, the waiver, release, and covenants contained in it; (iv) the Employee is signing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which the Employee is otherwise entitled; (v) the Employee was given at least twenty-one (21) days to consider the terms of this Agreement and consult with an attorney of the Employee’s 's choice, although the Employee may sign it sooner if desired, and changes to this Agreement, whether material or immaterial, do not restart the running of the 21-day period; (vi) the Employee understands that the Employee has seven (7) days after signing this Agreement to revoke the release in this paragraph by delivering notice of revocation to Xxxxxxxx Xxxxxxxx Jxxx X. XxXxxxx, General Counsel at the EmployerEmployer Group, xxxxxxxxx@xxxxxxxxxxxxxx.xxx 100 Xxxxxxxxxx Xxxxx, Xxxxx Xxxxx, XX 00000 by overnight delivery or by email with a copy sent to Xxxx Xxxxxx at Seyfarth Xxxx LLP at xxxxxxx@xxxxxxxx.xxx jxxxxxxxx@xxxxxxxxxxxx.xxx before the end of this seven-day period; and (vii) the Employee understands that the release contained in this paragraph does not apply to rights and claims that may arise after the Employee signs this Agreement, including, but not limited to, the non-application of the release for third-party claims made after the date of this Agreement based on facts or circumstances that arose prior to the date of the execution of this Agreement.

Appears in 1 contract

Samples: Separation and Release of Claims Agreement (Command Center, Inc.)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Employee in you by this Agreement, the Employee Releasors hereby irrevocably and unconditionally fully release and forever waive, release, and discharge the Released Parties from any and all Claims, whether known or unknown, from Claims that the beginning Releasors may have as of time through the date of the Employee’s execution of you sign this Agreement arising under the Age Discrimination in Employment Act (ADEA), as amended, and its implementing regulations. By signing this Agreement, the Employee you hereby acknowledges acknowledge and confirms confirm that: : (i) the Employee has read this Agreement in its entirety and understands all connection with your termination of its terms; (ii) by this Agreementemployment, the Employee has you have been advised in writing by the Company to consult with an attorney of the Employee’s choosing and has consulted with such counsel as the Employee believed was necessary your choice before signing this Agreement; (iii) Agreement to have the Employee knowingly, freely, and voluntarily agrees to all of attorney explain the terms and conditions set out in this Agreement including, without limitation, the waiver, release, and covenants contained in it; (iv) the Employee is 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 Employee is otherwise entitled; ADEA; (vii) the Employee was you were given at least no less than twenty-one (21) days to consider the terms of this the Agreement and consult with an attorney of the Employee’s your choice, although the Employee you may sign it sooner if desired, and changes ; (iii) you are providing this release in exchange for consideration in addition to this Agreement, whether material or immaterial, do not restart the running of the 21-day period; that which you are already entitled; (viiv) the Employee understands you understand that the Employee has you have seven (7) days after from the date 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 Section to Xxxxxxxx Xxxxxxxx the Company’s General Counsel, at the Employerfollowing address: 000 Xxxxxxx Xxxxx, xxxxxxxxx@xxxxxxxxxxxxxx.xxx by email with a copy sent to Xxxx Xxxxxx at Seyfarth Xxxx LLP at xxxxxxx@xxxxxxxx.xxx Xxxxxxx Xxxx, Xxxxxxxxxx 00000, before the end of this 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 Employee 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 Employee signs date on which you sign this Agreement and (vii) you knowingly and voluntarily accept the terms of this Agreement. You further agree that any change to this Agreement, includingwhether material or immaterial, but will not limited to, restart the non21-application of day period for you to consider the release for third-party claims made after the date of this Agreement based on facts or circumstances that arose prior to the date of the execution terms of this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Adverum Biotechnologies, Inc.)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Employee you in this Agreement, the Employee Releasors you hereby irrevocably and unconditionally fully and forever waive, release, release and discharge the Released Parties Company from any and all Claimsclaims, whether known or unknown, from the beginning of time through to the date of the Employee’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 Employee you hereby acknowledges acknowledge and confirms confirm that: : (i) the Employee has you have read this Agreement in its entirety and understands understand all of its terms; ; (ii) by this Agreementyou have been provided with information, attached hereto, as to the Employee 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 in writing of and have availed yourself of your right to consult with an your attorney of the Employee’s choosing and has consulted with such counsel as the Employee believed was necessary before signing prior to executing this Agreement; ; (iiiiv) the Employee you knowingly, freely, freely and voluntarily agrees assent to all of the terms and conditions set out in this Agreement including, without limitation, the waiver, release, release and covenants contained in it; herein; (ivv) the Employee is signing 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 Employee is you are otherwise entitled; ; (vvi) the Employee was you were given at least twenty-one (21) days to consider the terms of this Agreement and consult with an attorney of the Employee’s your choice, although the Employee you may sign it sooner if desired, and changes to this Agreement, whether material or immaterial, do not restart the running of the 21-day period; ; (vivii) the Employee understands you understand that the Employee has you have seven (7) days after signing from the date you sign this Agreement to revoke the release in this paragraph by delivering written notice of revocation to Xxxxxxxx Xxxxxxxx Xxxxx Xxxxxxxx, Vice President, Human Resources, at the Employeraddress of the Company, xxxxxxxxx@xxxxxxxxxxxxxx.xxx by email with a copy sent to Xxxx Xxxxxx at Seyfarth Xxxx LLP at xxxxxxx@xxxxxxxx.xxx before the end of this seven-day period0000 Xxxxxxxxxx Xxxx, Xxxxx, Xxxxxxxx 00000; and and (viiviii) the Employee 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 Employee signs this Agreement, including, but not limited to, the non-application of the release for third-party claims made after the date of this Agreement based on facts or circumstances that arose prior to the date of the execution of which you sign this Agreement.

Appears in 1 contract

Samples: Executive Separation Agreement and Release (Inovalon Holdings, Inc.)

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