Waiver of Age Discrimination Claim Sample Clauses

Waiver of Age Discrimination Claim. By execution of this Agreement, Employee expressly waives, releases and forever discharges any and all rights or claims arising under the Age Discrimination in Employment Act of 1967, 29 U.S.C. §621 et seq. (ADEA) and: (a) Employee acknowledges and understands that this waiver refers to rights or claims arising under the ADEA, is in writing and is written in manner that is understood by Employee; (b) Employee expressly understands that by execution of this document, Employee does not waive any rights or claims under the ADEA that may arise after the date this waiver is executed; (c) Employee acknowledges that Employer expressly advises Employee herein to consult with an attorney of Employee’s choosing (at Employee’s expense) prior to executing this document; (d) Employee acknowledges that Employee has been given twenty-one (21) days from the date Employee received this Agreement to consider, sign and accept it. Employee further acknowledges and agrees that this period constitutes a reasonable amount of time during which to consider this Agreement; and (e) Employee acknowledges that Employee has seven (7) days after executing this Agreement to rescind in writing Employee’s waiver of claims herein. Any such rescission must be provided in writing to Xxxxxxx Xxxxx, General Counsel, Energy Recovery, Inc., as follows: 0000 Xxxxxxxxx Xx., San Leandro, CA 94577, xxxxxx@xxxxxxxxxxxxxx.xxx. Employee understands and acknowledges that any such rescission provided to Employer shall render this Agreement null and void and Employee shall not be entitled to any of the benefits set forth in this Agreement. However, notwithstanding Paragraphs 2, 3, 4, 6, 7 and anything otherwise to the contrary in this Agreement, it is understood that nothing in this Agreement prohibits Employee from filing a charge or complaint under the ADEA, including a challenge to the validity of this Agreement, with the EEOC, or from participating in any investigation or proceeding conducted by the EEOC (each an “EEOC Action”), although Employee hereby waives the right to recover any monetary relief or damages in conjunction specifically with any such EEOC Action(s).
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Waiver of Age Discrimination Claim. Xxxxx understands that the release contained in this Agreement had to meet certain requirements to constitute a valid release of any claims under the Age Discrimination in Employment Act (“ADEA”), and Xxxxx hereby represents that all such requirements were in fact satisfied. These requirements required the following, each of which has in fact been satisfied: (i) execution of this Agreement by Xxxxx has been knowing and voluntary, and free from duress, coercion and mistake of fact; (ii) this Agreement is in writing and is understandable; (iii) this Agreement has waived current ADEA claims explicitly; (iv) this Agreement has not waived future ADEA claims; (v) the release by Xxxxx hereunder of ADEA claims has been paid for with something to which Xxxxx was not already entitled; (vi) this Agreement has advised Xxxxx to consult an attorney; (vii) this Agreement has given Xxxxx twenty-one (21) days to consider the ADEA release contained in this Agreement; and, (viii) this Agreement has given Xxxxx seven (7) days within which to revoke the ADEA release contained in this Agreement after execution.
Waiver of Age Discrimination Claim. EXECUTIVE ACKNOWLEDGES THAT THIS AGREEMENT INCLUDES A WAIVER OF ANY RIGHTS AND CLAIMS ARISING UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT, AS AMENDED. EXECUTIVE ACKNOWLEDGES THAT THE CONSIDERATION THAT HE IS RECEIVING IN EXCHANGE FOR HIS WAIVER OF THE RIGHTS AND CLAIMS SPECIFIED HEREIN EXCEEDS ANYTHING OF VALUE TO WHICH HE ALREADY IS ENTITLED. EXECUTIVE ACKNOWLEDGES THAT HE WAS ADVISED IN WRITING TO CONSULT WITH AN ATTORNEY PRIOR TO EXECUTING THIS AGREEMENT. EXECUTIVE REPRESENTS AND AGREES THAT HE FULLY UNDERSTANDS HIS RIGHT TO DISCUSS ALL ASPECTS OF THIS AGREEMENT WITH LEGAL COUNSEL AND, TO THE EXTENT HE DEEMS APPROPRIATE, HE HAS FULLY AVAILED HIMSELF OF THIS RIGHT. EXECUTIVE ACKNOWLEDGES THAT HE HAS ENTERED INTO THIS AGREEMENT KNOWINGLY AND VOLUNTARILY WITH FULL UNDERSTANDING OF ITS TERMS AND AFTER HAVING BEEN ADVISED AND HAD THE OPPORTUNITY TO SEEK AND RECEIVE ADVICE AND COUNSEL FROM HIS ATTORNEY. EXECUTIVE ACKNOWLEDGES THAT HE HAS BEEN GIVEN A PERIOD OF AT LEAST 21 DAYS WITHIN WHICH TO CONSIDER THIS AGREEMENT. EXECUTIVE UNDERSTANDS THAT HE MAY REVOKE THIS AGREEMENT DURING THE SEVEN DAYS AFTER THE EXECUTION OF THIS AGREEMENT AND THAT THE AGREEMENT WILL NOT BECOME EFFECTIVE UNTIL THAT SEVEN-DAY REVOCATION PERIOD HAS EXPIRED. IN THE EVENT EXECUTIVE REVOKES THE WAIVER GRANTED BY EXECUTIVE IN THIS SECTION 5.13, THEN EXECUTIVE SHALL NOT BE ENTITLED TO RECEIVE THE SEVERANCE PAYMENT PROVIDED FOR IN SECTION 2.4.
Waiver of Age Discrimination Claim. Pursuant to the Age Discrimination in Employment Act of 1967 (29 U.S.C. §626), Employee acknowledges: (a) He is encouraged to have this Agreement reviewed by an attorney; (b) He is releasing all claims relating to his employment and separation from employment under the Age Discrimination in Employment Act of 1967; (c) He is not waiving any rights or claims that may arise after the date this Agreement is signed; (d) He has forty-five (45) days from the date he receives this Agreement to consider this Agreement; (e) For a period of seven (7) days following the date Employee signs this Agreement, Employee may revoke this Agreement and this Agreement shall not become effective or enforceable until the revocation period expires. In order for the revocation to be effective it must be in writing and delivered to the Company’s Human Resources Department in Dallas, Texas; (f) By executing this Agreement, Employee represents that he fully understands all provisions of the Agreement and understands the consequences of executing this Agreement.
Waiver of Age Discrimination Claim. Employee understands and acknowledges that the ADEA provides Employee the right to bring a claim against Employer if Employee believes that Employee has been discriminated against on the basis of age. Employee understands the rights afforded under the ADEA and agrees that Employee will not bring any action against Employer based on any alleged violations(s) of the ADEA. Employee hereby waives any right to assert a claim for relief under the ADEA, including, but not limited to, back pay, attorneys’ fees, damages, reinstatement and/or injunctive relief. Employee understands that Employee is not hereby waiving any rights or claims that may arise after the date this Agreement is executed.
Waiver of Age Discrimination Claim. Employee understands and acknowledges that the Age Discrimination in Employment Act of 1967, as amended, provides Employee the right to bring a claim against IVGID if Employee believes that he has been discriminated against on the basis of age. Employee understands the rights afforded under this Act and agrees that he will not bring any action against IVGID based on any alleged violation(s) of the Act. Employee hereby waives any right to assert a claim for relief under this Act, including, but not limited to, back pay, attorney fees, damages, reinstatement, and/or injunctive relief arising out of his employment with IVGID or the separation from such employment.
Waiver of Age Discrimination Claim. Executive acknowledges that this Agreement includes a waiver of any rights and claims arising under the Age Discrimination in Employment Act. Executive understands he is not waiving rights or claims that may arise after the date this Agreement is executed. Executive acknowledges that the consideration he is receiving in exchange for his waiver of the rights and claims specified herein exceeds anything of value to which he already is entitled. Executive acknowledges that he was advised in writing to consult with an attorney prior to executing this Agreement. Executive represents and agrees that he fully understands his right to discuss all aspects of this Agreement with legal counsel and, to the extent he deems appropriate, he has fully availed himself of this right. Executive acknowledges that he has entered into this Agreement knowingly and voluntarily with full understanding of its terms and after having had the opportunity to seek and receive advice and counsel from his attorney. Executive acknowledges that he has been given a period of at least twenty-one (21) days within which to consider this Agreement. Executive understands that he may revoke this Agreement during the seven (7) days following the execution of this Agreement and that the Agreement will not become effective until that seven-day revocation period has expired.
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Waiver of Age Discrimination Claim. Employee understands and acknowledges that the Age Discrimination in Employment Act of 1967 (“ADEA”), as amended, provides employees with the right to bring a claim against Employer for discrimination on the basis of age. Employee understands the rights afforded under the ADEA and agrees that Employee releases and waives all claims under the ADEA, including, but not limited to, back pay, attorneys’ fees, damages, reinstatement and/or injunctive relief. Employee understands that Employee is not hereby waiving any rights or claims that may arise after the date this Agreement is executed.
Waiver of Age Discrimination Claim. Singer understands that the release contained in this Agreement had to meet certain requirements to constitute a valid release of any claims under the Age Discrimination in Employment Act (“ADEA”), and Singer hereby represents that all such requirements were in fact satisfied. These requirements required the following, each of which has in fact been satisfied: (i) execution of this Agreement by Singer has been knowing and voluntary, and free from duress, coercion and mistake of fact; (ii) this Agreement is in writing and is understandable; (iii) this Agreement has waived current ADEA claims explicitly; (iv) this Agreement has not waived future ADEA claims; (v) the release by Singer hereunder of ADEA claims has been paid for with something to which Singer was not already entitled; (vi) this Agreement has advised Singer to consult an attorney; (vii) this Agreement has given Singer twenty-one (21) days to consider the ADEA release contained in this Agreement; and, (viii) this Agreement has given Singer seven (7) days within which to revoke the ADEA release contained in this Agreement after execution.

Related to Waiver of Age Discrimination Claim

  • Discrimination Clause The contractor agrees to abide by the requirements of the following as applicable: Title VI of the Civil Rights Act of 1964 and Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972, Federal Executive Order 11246 as amended, the Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran's Readjustment Assistance Act of 1974, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, the Fair Housing Act of 1968 as amended, and contractor agrees to abide by the requirements of the Americans with Disabilities Act of 1990. Contractor agrees not to discriminate in its employment practices, and will render services under this contract without regard to race, color, religion, sex, sexual orientation, national origin, veteran status, political affiliation, or disabilities. Any act of discrimination committed by Contractor, or failure to comply with these statutory obligations when applicable shall be grounds for termination of this contract.

  • Anti-Discrimination Clause The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) (ADA) and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission or access to, or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out at K.S.A. 44-1031 and K.S.A. 44-1116;

  • NON-DISCRIMINATION CLAUSE During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

  • Release of Claims Under Age Discrimination in Employment Act Without limiting the generality of the foregoing, Executive agrees that by executing this Release, he has released and waived any and all claims he has or may have as of the date of this Release for age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. It is understood that Executive is advised to consult with an attorney prior to executing this Release; that he in fact has consulted a knowledgeable, competent attorney regarding this Release; that he may, before executing this Release, consider this Release for a period of twenty-one (21) calendar days; and that the consideration he receives for this Release is in addition to amounts to which he was already entitled. It is further understood that this Release is not effective until seven (7) calendar days after the execution of this Release and that Executive may revoke this Release within seven (7) calendar days from the date of execution hereof.

  • Discrimination and Harassment All members of the Appointments Committee shall be supplied with written information about the content and application of relevant federal and provincial legislation, and about University policies, relating to employment equity and federal immigration requirements. In accord with the provisions of the Article Employment Equity, Members shall familiarize themselves with such information as a condition of serving on the Appointments Committee. Furthermore, the Employer shall ensure that the Committee is aware of the relevant legislation and University policies, and the University Librarian or Xxxx and the Members participating in the work of the Committee shall share responsibility for ensuring that the relevant legislation and University policies are followed throughout the deliberations of the Committee. The Committee may call upon the Office of Equity and Human Rights Services for assistance.

  • D3 Discrimination The Contractor shall not unlawfully discriminate either directly or indirectly on such grounds as race, colour, ethnic or national origin, disability, sex or sexual orientation, religion or belief, or age and without prejudice to the generality of the foregoing the Contractor shall not unlawfully discriminate within the meaning and scope of the Sex Discrimination Act 1975, the Race Relations Act 1976, the Equal Pay Act 1970, the Disability Discrimination Act 1995, the Employment Equality (Sexual Orientation) Regulations 2003, the Employment Equality (Religion or Belief) Regulations 2003, the Employment Equality (Age) Regulations 2006, the Equality Act 2006, the Human Rights Act 1998 or other relevant or equivalent legislation, or any statutory modification or re-enactment thereof.

  • Waiver of Unknown Claims This Agreement is intended to be effective as a general release of and bar to each and every Claim hereinabove specified. Accordingly, Executive hereby expressly waives any rights and benefits conferred by Section 1542 of the California Civil Code and any similar provision of any other applicable state law as to the Claims. Section 1542 of the California Civil Code provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Executive acknowledges that Executive later may discover claims, demands, causes of action or facts in addition to or different from those which Executive now knows or believes to exist with respect to the subject matter of this Agreement and which, if known or suspected at the time of executing this Agreement, may have materially affected its terms. Nevertheless, Executive hereby waives, as to the Claims, any claims, demands, and causes of action that might arise as a result of such different or additional claims, demands, causes of action or facts.

  • Older Workers Benefit Protection Act Executive agrees and expressly acknowledges that this Release includes a waiver and release of all claims which he has or may have under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621, et seq. (“ADEA”). The following terms and conditions apply to and are part of the waiver and release of the ADEA claims under this Release: (i) This paragraph, and this Release are written in a manner calculated to be understood by him. (ii) The waiver and release of claims under the ADEA contained in this Release does not cover rights or claims that may arise after the date on which he signs this Release. (iii) This Release provides for consideration in addition to anything of value to which he is already entitled. (iv) Executive has been advised to consult an attorney before signing this Release. (v) Executive has been granted twenty-one (21) days after he is presented with this Release to decide whether or not to sign this Release. If he executes this Release prior to the expiration of such period, he does so voluntarily and after having had the opportunity to consult with an attorney, and hereby waives the remainder of the twenty-one (21) day period. (vi) Executive has the right to revoke this general release within seven (7) days of signing this Release. In the event he does so, both this Release and the offer of benefits to him pursuant to the Employment Agreement or the Change of Control Agreement, as applicable, will be null and void in their entirety, and he will not receive any severance payments or benefits under the Employment Agreement or the Change of Control Agreement. If he wishes to revoke this Release, Executive shall deliver written notice stating his or her intent to revoke this Release to the Chairman of the Board of Directors of the Company and the Company’s Chief Executive Officer, or, if Executive is serving in such capacities as of the Termination Date, to the Chairman of the Compensation Committee of the Board of Directors of the Company, at the offices of the Company on or before 5:00 p.m. on the seventh (7th ) day after the date on which he signs this Release.

  • Discrimination Prohibited The Landlord shall not discriminate based upon race, color, creed, religion, national origin, sex, marital status, age, handicap, or disability, familial status or recipients of public assistance; and shall comply with all nondiscrimination requirements of Federal, State and local law.

  • NO DISCRIMINATION/HARASSMENT 4.01 The Employer and the Union agree that there shall be no discrimination, interference, restriction or coercion exercised or practiced with respect to any Employee(s) in the matter of hiring, wage rates, training, upgrading, promotion, transfer, lay- off, recall, discipline, classification, discharge or otherwise by reason of age, race, creed, national origin, religious affiliation, political affiliation, sex, sexual orientation, place of residence, marital status or disability subject to bona fide occupational requirements, family status, colour, ancestry, receipt of public assistance, nor by reason of membership or activity in the Union.

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