Common use of Waiver of ADEA Claims Clause in Contracts

Waiver of ADEA Claims. By execution of this Release, Executive expressly waives any and all rights or claims arising under the Age Discrimination in Employment Act of 1967 (“ADEA”) and: (a) Executive acknowledges that this waiver of rights or claims arising under the ADEA is in writing, and is knowing, voluntary and understood by Executive; (b) Executive expressly understands that this waiver specifically refers to rights or claims arising under the ADEA; (c) Executive expressly understands that by execution of this Release, Executive does not waive any rights or claims under the ADEA that may arise after the date the waiver is executed; (d) Executive acknowledges that the waiver of rights or claims arising under the ADEA is in exchange for the Severance Benefits and Acceleration, which is above and beyond that to which Executive is entitled; (e) Executive acknowledges that Company is expressly advising Executive to consult with an attorney of Executive’s choosing prior to executing this Release; (f) Executive has been advised by Company that Executive is entitled to up to twenty one days from receipt of this Release within which to consider this Release, which period is referred to as the Review Period; (g) Executive acknowledge that Executive has been advised by Company that Executive is entitled to revoke (in the event Executive executes this Release) this waiver of rights or claims arising under the ADEA within seven days after executing this Release and that such waiver will not be, and does not become, effective or enforceable until the seven day Revocation Period has expired; (h) the parties agree that should Executive exercises Executive’s right to revoke the waiver, this entire Release, and its obligations, including, but not limited to the obligation to provide Executive with the Severance Benefits and Acceleration and any other benefits, are null, void and of no effect; (i) Executive acknowledges and agrees that Executive will communicate Executive’s decision to accept or reject this Release to Company as provided herein; and (j) nothing in this Release shall be construed to prohibit Executive from ENGAGING IN PROTECTED ACTIVITY AS SET FORTH IN SECTION 7, though Executive has waived any right to monetary relief. Should Executive elect to revoke this Release within the Revocation Period, a written notice of revocation shall be delivered to Weave Communications, Inc., Attn: Name and Contact Information.

Appears in 6 contracts

Samples: Employment Agreement (Weave Communications, Inc.), Employment Agreement (Weave Communications, Inc.), Employment Agreement (Weave Communications, Inc.)

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Waiver of ADEA Claims. By execution of this Release, Executive expressly waives any and all rights or claims arising under the Age Discrimination in Employment Act of 1967 (“ADEA”) and: (a) Executive acknowledges that this waiver of rights or claims arising under the ADEA is in writing, and is knowing, voluntary and understood by Executive; (b) Executive expressly understands that this waiver specifically refers to rights or claims arising under the ADEA; (c) Executive expressly understands that by execution of this Release, Executive does not waive any rights or claims under the ADEA that may arise after the date the waiver is executed; (d) Executive acknowledges that the waiver of rights or claims arising under the ADEA is in exchange for the Severance Benefits and AccelerationBenefits, which is above and beyond that to which Executive is entitled; (e) Executive acknowledges that Company is expressly advising Executive to consult with an attorney of Executive’s choosing prior to executing this Release; (f) Executive has been advised by Company that Executive is entitled to up to twenty one days from receipt of this Release within which to consider this Release, which period is referred to as the Review Period; (g) Executive acknowledge that Executive has been advised by Company that Executive is entitled to revoke (in the event Executive executes this Release) this waiver of rights or claims arising under the ADEA within seven days after executing this Release and that such waiver will not be, and does not become, effective or enforceable until the seven day Revocation Period has expired; (h) the parties agree that should Executive exercises Executive’s right to revoke the waiver, this entire Release, and its obligations, including, but not limited to the obligation to provide Executive with the Severance Benefits and Acceleration and any other benefits, are null, void and of no effect; (i) Executive acknowledges and agrees that Executive will communicate Executive’s decision to accept or reject this Release to Company as provided herein; and (j) nothing in this Release shall be construed to prohibit Executive from ENGAGING IN PROTECTED ACTIVITY AS SET FORTH IN SECTION 7, though Executive has waived any right to monetary relief. Should Executive elect to revoke this Release within the Revocation Period, a written notice of revocation shall be delivered to Weave Communications, Inc., Attn: [Name and Contact Information].

Appears in 2 contracts

Samples: Employment Agreement (Weave Communications, Inc.), Employment Agreement (Weave Communications, Inc.)

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Waiver of ADEA Claims. By execution of this Release, Executive expressly waives any and all rights or claims arising under the Age Discrimination in Employment Act of 1967 (“ADEA”) and: (a) Executive acknowledges that he understands the language used in this Agreement and the Agreement’s legal effect. Executive further acknowledges that he understands that, by signing this Agreement, he is giving up the right to xxx Company for age discrimination. The Parties agree that this waiver of and release does not apply to any rights or claims arising that may arise under the ADEA is in writing, and is knowing, voluntary and understood by Executive; (b) Executive expressly understands that this waiver specifically refers to rights or claims arising under after the ADEA; (c) Executive expressly understands that by execution Effective Date of this Release, Executive does not waive any rights or claims under the ADEA that may arise after the date the waiver is executed; (d) Agreement. Executive acknowledges that the consideration given for this waiver and release was given by Company in addition to any wages, benefits, bonuses, or other things of rights or claims arising under the ADEA is in exchange for the Severance Benefits and Acceleration, which is above and beyond that value to which Executive is would otherwise have been entitled; (e) . Further, Executive acknowledges that Company is expressly advising he has been advised here in writing as follows: a. Executive has been advised to consult with an attorney of Executive’s choosing prior to executing before signing this Release; (f) Agreement. b. Executive has been advised by Company that Executive is entitled to up to twenty one had at least 21 days from receipt of this Release within which to consider this ReleaseAgreement before signing it. If Executive signed this Agreement within 21 days of the date that the Agreement was offered to Executive, which then Executive’s choice not to wait for the full 21-day period is referred to as the Review Period; (g) Executive acknowledge that Executive has been advised expire was made knowingly and voluntarily, and was in no way induced by Company that Executive is entitled by means of intimidation, fraud, duress, or any other threat to revoke withdraw the terms offered under this Agreement. c. For a period of seven (in the event Executive executes this Release7) this waiver of rights or claims arising under the ADEA within seven calendar days after executing signing the Agreement, Executive may, in his sole discretion, rescind this Release and that such waiver will not beAgreement, and does not become, effective or enforceable until the seven day Revocation Period has expired; (h) the parties agree that should Executive exercises Executive’s right to revoke the waiver, this entire Release, and its obligations, including, but not limited to the obligation to provide Executive with the Severance Benefits and Acceleration and any other benefits, are null, void and of no effect; (i) Executive acknowledges and agrees that Executive will communicate Executive’s decision to accept or reject this Release to Company as provided herein; and (j) nothing in this Release shall be construed to prohibit Executive from ENGAGING IN PROTECTED ACTIVITY AS SET FORTH IN SECTION 7, though Executive has waived any right to monetary relief. Should Executive elect to revoke this Release within the Revocation Period, by delivering a written notice of revocation recision to the Company to the attention of Xxxx Xxxxxxx, General Counsel. If Executive rescinds this Agreement within seven calendar days after signing it, this Agreement shall be delivered void, all actions taken pursuant to Weave Communicationsthis Agreement shall be reversed, Inc.and neither this Agreement nor the fact of or circumstances surrounding its execution shall be admissible for any purpose whatsoever in any proceeding between the parties, Attn: Name except in connection with a claim or defense involving the validity or effective rescission of this Agreement. If Executive does not rescind this Agreement within seven calendar days after signing, this Agreement shall become final and Contact Informationbinding and shall be irrevocable upon the eighth day after the Executive signs it (the “Effective Date”).

Appears in 1 contract

Samples: Severance Agreement (BioFuel Energy Corp.)

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