Common use of Waiver of Age Discrimination Claim Clause in Contracts

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).

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 xxxxxx is executed; (c) Employee acknowledges that Employer hereby 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 (the “Revocation Period”) to rescind revoke in writing Employee’s waiver of claims herein. Any such rescission must be provided in writing to Xxxxxxx Xxxxx, General CounselChief Legal Officer, Energy Recovery, Inc., as follows: 0000 1717 Xxxxxxxxx Xx.Dr., San LeandroXxxxxxx, 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 AgreementAgreement (other than the Accrued Benefits). 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).

Waiver of Age Discrimination Claim. By execution executing this Agreement, Employee acknowledges: (a) He has been advised and is again advised in this writing (i.e. through this Agreement) of his right to consult with an attorney of his choosing regarding the terms of this Agreement, Employee expressly waivesthe effect of this Agreement, and his legal rights prior to executing this Agreement, and that he has had an adequate opportunity to do so; (b) He has read this Agreement and fully understands its terms, including the fact that this Agreement specifically releases and forever discharges any and waives all rights or and claims arising Employee may have under the Age Discrimination in Employment Act of 1967, 29 U.S.C. §621 et seq. (ADEA) and: (a) 1967 prior to the date on which Employee acknowledges and understands that signs this waiver refers to rights or claims arising under the ADEA, is in writing and is written in manner that is understood by EmployeeAgreement; (bc) Employee expressly understands that by execution of this document, Employee does He is not waive waiving any rights or claims under the ADEA that may arise after the date this waiver Agreement 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 documentsigned; (d) Employee acknowledges that Employee He has been given twenty-one (21) 45 days from the date Employee received he receives this Agreement to considerreview and consider this Agreement before executing it, sign and accept itany agreed changes, whether material or not, do not restart the running of the 45-day period; (e) For a period of seven days following the date Employee signs this Agreement, Employee may revoke this Agreement, in which case this Agreement and the obligations herein, are null and void. Employee further acknowledges understands that Tuesday Morning’s obligations under this Agreement shall not become effective or enforceable until the revocation period expires, and agrees that he will not receive the benefits provided by this period constitutes a reasonable amount of time during which to consider Agreement if he revokes this Agreement; (f) For the revocation to be effective it must be in writing and delivered to the Company’s Human Resources Department in Dallas, Texas; and (eg) Employee acknowledges that Employee has seven (7) days after executing He is entering into this Agreement knowingly and voluntarily, of his own free will, and without any coercion, undue influence, threat, or intimidation of any kind, and that he agrees to rescind in writing Employee’s waiver all the terms 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 intends to 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 legally bound 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)them.

Waiver of Age Discrimination Claim. By execution executing this Agreement, Employee acknowledges: (a) She has been advised and is again advised in this writing (i.e. through this Agreement) of her right to consult with an attorney of her choosing regarding the terms of this Agreement, Employee expressly waivesthe effect of this Agreement, and her legal rights prior to executing this Agreement, and that she has had an adequate opportunity to do so; (b) She has read this Agreement and fully understands its terms, including the fact that this Agreement specifically releases and forever discharges any and waives all rights or and claims arising Employee may have under the Age Discrimination in Employment Act of 1967, 29 U.S.C. §621 et seq. (ADEA) and: (a) 1967 prior to the date on which Employee acknowledges and understands that signs this waiver refers to rights or claims arising under the ADEA, is in writing and is written in manner that is understood by EmployeeAgreement; (bc) Employee expressly understands that by execution of this document, Employee does She is not waive waiving any rights or claims under the ADEA that may arise after the date this waiver Agreement 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 documentsigned; (d) Employee acknowledges that Employee She has been given twenty21-one (21) days from the date Employee received she receives this Agreement to considerreview and consider this Agreement before executing it, sign and accept itany agreed changes, whether material or not, do not restart the running of the 21-day period; (e) For a period of seven days following the date Employee signs this Agreement, Employee may revoke this Agreement, in which case this Agreement and the obligations herein, are null and void. Employee further acknowledges understands that Tuesday Morning’s obligations under this Agreement shall not become effective or enforceable until the revocation period expires, and agrees that she will not receive the benefits provided by this period constitutes a reasonable amount of time during which to consider Agreement if she revokes this Agreement. 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; and (ef) Employee acknowledges that Employee has seven (7) days after executing She is entering into this Agreement knowingly and voluntarily, of her own free will, and without any coercion, undue influence, threat or intimidation of any kind, and that she agrees to rescind in writing Employee’s waiver all the terms 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 intends to 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 legally bound 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)them.

Waiver of Age Discrimination Claim. By execution of executing this AgreementRelease, 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) andConsultant acknowledges: (ai) Employee acknowledges and understands that this waiver refers to rights or claims arising under the ADEA, is in writing He has been advised and is written again advised in manner this writing (i.e. through this Release) of his right to consult with an attorney of his choosing regarding the terms of this Release, the effect of this Release, and his legal rights prior to executing this Release, and that is understood by Employeehe has had an adequate opportunity to do so; (bii) Employee expressly He has read this Release and fully understands its terms, including the fact that by execution of this document, Employee does Release specifically releases and waives all rights and claims Consultant may have under the ADEA prior to the date on which Consultant signs this Release; (iii) He is not waive waiving any rights or claims under the ADEA that may arise after the date this waiver Release is executedsigned; (civ) 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 He has been given twenty-one (21) days from the date Employee received he receives this Agreement Release to considerreview and consider this Release before executing it, sign and accept it. Employee further acknowledges and agrees any agreed changes, whether material or not, do not restart the running of the twenty-one (21)-day period; (v) Except as otherwise provided herein, he understands that this Release will become effective, enforceable and irrevocable on the eighth (8th) day after the date on which he executes this Release; (vi) He understands that during the seven (7)-day period constitutes after the Effective Date, he may revoke his agreement to release claims under the ADEA by delivering a reasonable amount written revocation to the Company’s Human Resources Department in Dallas, Texas, and if he exercises his right to revoke his release of time during which claims under the ADEA, he shall forfeit his right to consider receive the Additional Payment and this AgreementRelease shall immediately terminate; and (evii) Employee acknowledges He is entering into this Release knowingly and voluntarily, of his own free will, and without any coercion, undue influence, threat or intimidation of any kind, and that Employee has seven (7) days after executing this Agreement he agrees 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 all 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 terms of this Agreement, with the EEOC, or from participating in any investigation or proceeding conducted Release and intends to be legally bound 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)them.

Waiver of Age Discrimination Claim. By execution executing this Agreement, Consultant acknowledges: (i) He has been advised and is again advised in this writing (i.e. through this Agreement) of his right to consult with an attorney of his choosing regarding the terms of this Agreement, Employee expressly waivesthe effect of this Agreement, releases and forever discharges any his legal rights prior to executing this Agreement, 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 he has had an adequate opportunity to rights or claims arising under the ADEA, is in writing and is written in manner that is understood by Employeedo so; (bii) Employee expressly He has read this Agreement and fully understands its terms, including the fact that by execution of this document, Employee does Agreement specifically releases and waives all rights and claims Consultant may have under the ADEA prior to the date on which Consultant signs this Agreement; (iii) He is not waive waiving any rights or claims under the ADEA that may arise after the date this waiver Agreement is executedsigned; (civ) 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 He has been given twenty-one (21) days from the date Employee received he receives this Agreement to considerreview and consider this Agreement before executing it, sign and accept it. Employee further acknowledges and agrees any agreed changes, whether material or not, do not restart the running of the twenty-one (21)-day period; (v) Except as otherwise provided herein, he understands that this Agreement will become effective on the Effective Date, provided, however, that the provisions of Section VI.A. relating to his release of claims under the ADEA shall not become effective, enforceable and irrevocable until the eighth (8th) day after the Effective Date; (vi) He understands that during the seven (7)-day period constitutes after the Effective Date, he may revoke his agreement to release claims under the ADEA by delivering a reasonable amount written revocation to the Company’s Human Resources Department in Dallas, Texas, and if he exercises his right to revoke his release of time during which claims under the ADEA, he shall forfeit his right to consider receive the Separation Payment and the Consulting Fee and this AgreementAgreement shall immediately terminate; and (evii) Employee acknowledges that Employee has seven (7) days after executing He is entering into this Agreement knowingly and voluntarily, of his own free will, and without any coercion, undue influence, threat or intimidation of any kind, and that he agrees to rescind in writing Employee’s waiver all the terms 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 intends to 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 legally bound 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)them.

Waiver of Age Discrimination Claim. By execution of this Agreement, Employee expressly waives, Xxxxxxx X. Xxxxxx acknowledges and agrees that the release set forth above 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”). (ADEA) and: (a) Employee Xxxxxxx X. Xxxxxx further acknowledges and understands that this agrees that: (i) his release and 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 claim under the ADEA that may arise after the date is knowing and voluntary; (ii) he has been informed by this waiver is executed; (c) Employee acknowledges that Employer expressly advises Employee herein writing to consult with an his attorney of Employee’s choosing (at Employee’s expense) prior to executing this document; Agreement; (diii) Employee acknowledges that Employee has been given twenty-one (21) days from the date Employee received consideration furnished under this Agreement is in addition to consider, sign anything of value to which he is already entitled; and accept it. Employee further acknowledges and agrees that this period constitutes a reasonable amount of time during (iv) he has had at least 21 days within which to consider this Agreement; and (e) Employee acknowledges that Employee has seven (7) days after executing Agreement or he knowingly and voluntarily waives his right to consider this Agreement to rescind in writing Employee’s waiver of claims hereinfor 21 days. 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 X. Xxxxxx may revoke this Agreement. HoweverYou may do so during the seven calendar days after the date you sign it. The Agreement will not become effective until the eighth calendar day after Xxxxxxx X. Xxxxxx signs it. If you wish to revoke the Agreement, notwithstanding Paragraphs 2you must do so in writing and your written notice of revocation must be either hand delivered or sent by certified mail to Xxxx Xxxxxxxxx, 3CEO, 4Bank 34, 6000 X. 00xx Xxxxxx, Xxxxxxxxxx, XX 00000. To be effective, Xxxxxxxxx must receive the revocation of the Agreement during the seven calendar days after the day Xxxxxxx X. Xxxxxx signs it. Xxxxxxx X. Xxxxxx agrees that he has been given a reasonable period of time within which to consider the Agreement and knowingly and voluntarily waives the 21 day period within which he had to consider this Agreement. Xxxxxxx X. Xxxxxx has been advised and understands that he may revoke this Agreement at any time within 7 and anything otherwise calendar days after signing the Agreement by giving notice in writing either by hand delivery or by certified mail 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)address set forth above.