Waiver of Age Discrimination Claims. Employee expressly acknowledges and agrees that, by entering into this Agreement, Employee is waiving any and all rights or Claims that Employee may have arising under the Age Discrimination in Employment Act, as amended (the “ADEA”), which have arisen on or before the date of execution of this Agreement. Employee further expressly acknowledges and agrees that:
(i) In return for this Agreement, Employee will receive compensation beyond that which Employee was already entitled to receive before entering into this Agreement;
(ii) Employee is hereby advised in writing by this Agreement to consult with an attorney before signing this Agreement and Employee fully understands the significance of all the terms and conditions of this Agreement and has discussed them with Employee’s attorney (or Employee has had a reasonable opportunity to discuss the terms and conditions of this Agreement with an attorney, if desired) prior to signing this Agreement;
(iii) Employee is hereby informed that Employee has 21 days within which to consider this Agreement and that if Employee signs it prior to the end of such 21-day period, Employee will have done so voluntarily and with full knowledge that Employee is waiving the right to have 21 days to consider this Agreement;
(iv) Employee is hereby advised that Employee has seven (7) days following the date of execution of this Agreement in which to revoke in writing the release of rights or Claims Employee may have arising under the ADEA. Any revocation must be in writing and must be received by Company’s Chief Executive Officer during the seven-day revocation period. In the event that Employee exercises Employee’s right of revocation, all other releases and obligations under this Agreement shall not be valid or enforceable;
(v) Nothing in this Agreement prevents or precludes Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal law;
(vi) Employee has carefully read this Agreement, acknowledges that Employee has not relied on any representation or statement, written or oral, not set forth in this Agreement or the Employment Agreement; and
(vii) Employee represents and warrants that Employee is signing this release knowingly and voluntarily.
Waiver of Age Discrimination Claims. Executive expressly acknowledges and agrees that, by entering into this Agreement, he is waiving any and all rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended, which have arisen on or before the date of execution of this Agreement. Executive also expressly acknowledges and agrees that:
a. In return for this Agreement, Executive will receive consideration, i.e., something of value, beyond that to which he was already entitled before entering into this Agreement;
b. Executive is hereby advised in writing by this Agreement to consult with an attorney before signing this Agreement, and has done so;
c. Executive is hereby informed that he has 21 days within which to consider whether to sign and accept the terms of this Agreement and that if he wishes to execute this Agreement prior to the expiration of such 21-day period, he will execute the Acknowledgment and Waiver attached hereto as Exhibit B;
d. Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal law; and
e. Executive is hereby informed that he has seven (7) days following the date he executes the Agreement in which to revoke it, and this Agreement will become null and void if Executive elects revocation during that time. To be valid and effective, any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive validly exercises his right of revocation, neither the Company nor Executive will have any obligations under this Agreement.
Waiver of Age Discrimination Claims. I received this Agreement on May 7, 2021 and have been given a twenty-one (21) to consider whether to sign it. I understand that even if I sign and return this Agreement, I can still revoke this Agreement within seven (7) days after it is returned to the Company (the “Revocation Period”) and this Agreement will not become effective or enforceable until the Revocation Period has expired (such date, the “Effective Date”).
Waiver of Age Discrimination Claims. Executive specifically, knowingly and voluntarily waives any and all rights and claims arising under the Age Discrimination in Employment Act (ADEA), which claims have arisen as of the date this Agreement is executed by Executive. Executive acknowledges that the consideration set forth in Section 3 hereof includes consideration for Executive's agreement herein to waive any and all rights and claims arising under the ADEA.
Waiver of Age Discrimination Claims. I understand that there may be numerous, valuable rights under federal, state, and local law, including rights under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621, et seq. (“ADEA”) and the Minnesota Human Rights Act (“MHRA”), which I am waiving by executing this Agreement. In connection with this and regardless of ADEA or MHRA coverage, I hereby certify that:
a. This Agreement, the 60-Point Program related to benefits that will be provided to me, 2009 LTIP, 2010 LTIP and the MIP are written in a manner that is understandable to me.
b. I am receiving valuable consideration under this Agreement to which I would not otherwise be entitled.
c. The Severance Benefits constitute full, fair, and adequate consideration for the affirmations, waivers, releases, discharges, and other agreements made by me in this Agreement.
d. I have been advised in writing to consult with an attorney prior to executing this Agreement.
e. I understand that this Agreement is a general release of Delta and the other Released Parties from any past or existing claim or potential claim, known or unknown, including any claim or potential claim relating to my employment relationship with Delta or Northwest and the termination of those relationships.
f. I acknowledge and agree that I have been provided copies of the MIP, the 2009 LTIP, the 2010 LTIP, and the 60-Point Program as related to the benefits that will be provided to me, which include a description of benefits provided and the group of individuals covered by those plans. . In addition, the MIP, the 2009 LTIP, the 2010 LTIP, and the 60-Point Program related to the benefits that will be provided, and this Agreement, including Attachment A to this Agreement, contain information as to eligibility requirements, criteria used in selecting individuals for separation following the Merger and applicable time limits for receipt of benefits. I further acknowledge and agree that Attachment A, hereto, is a listing by job title and age of former Officers of Northwest and current and former Officers of Delta offered consideration in exchange for signing a release and a listing by job title and age of current Officers of Delta not offered consideration.
g. I have been given a period of forty-five (45) days in which to review this Agreement and Attachment A and to consult with an attorney, accountant, tax advisor, spouse, or any other person. I have either used this full forty-five (45) day period to consider this Agre...
Waiver of Age Discrimination Claims. Mr. Read hereby acknowledges that this Agreement includes waiver of claims under the Age Discrimination in Employment Act. Therefore, before he signs this Agreement (1) he was advised in writing to consult with an attorney before executing this Agreement, and (2) that he had a period of twenty-one (21) days within which to consider this Agreement. Mr. Read further acknowledges that if he executes this Agreement, he has seven (7) days thereafter to revoke his consent to this Agreement by notifying Xxxxxx Xxxxxx, Senior Vice President, Bar Harbor Bank & Trust, XX Xxx 000, 00 Xxxx Xxxxxx, Xxx Xxxxxx, XX 00000-0000, fax number 000-0000. To be effective, such notice of revocation must be received by fax or other written notice within seven (7) days of execution by Xxxxxx Xxxxxx. This Agreement shall not become effective or enforceable and no payment shall be due until the seven-day revocation period has expired without the exercise of the right of revocation hereunder.
Waiver of Age Discrimination Claims. This Agreement is intended to satisfy the requirements of the Older Workers’ Benefit Protection Act, 29 U.S.C. § 626(f). The following general provisions, along with the other provisions of this Agreement, are agreed to for this purpose:
(a) Weil acknowledges and agrees that he has read and understands the terms of this Agreement, and that his release of claims includes any and all claims arising under the Age Discrimination in Employment Act.
(b) Weil acknowledges that this Agreement advises him in writing that he may consult with an attorney before executing this Agreement, and that he has obtained and considered such legal counsel as he deems necessary or appropriate, such that he is entering into this Agreement freely, knowingly and voluntarily.
(c) Weil acknowledges that he has been given 21 days in which to consider whether or not to enter into this Agreement. Weil understands that, at his option, he may elect not to use the full 21-day period.
(d) Weil shall have seven days after signing this Agreement to revoke this Agreement. This Agreement will not become effective until the expiration of the revocation period. Weil acknowledges and agrees that any revocation of this Agreement must be in writing and received by the Company’s Secretary no later than 5:00 p.m. on the seventh day in order to be effective. If Weil does not revoke acceptance within the seven-day period, this Agreement will become fully effective and enforceable on the eighth day after the Agreement is signed.
(e) Weil does not waive or release any rights or claims that he may have under the Age Discrimination in Employment Act that arise after the execution of this Agreement. Weil also is not waiving his right to file a complaint or charge with the EEOC (including a challenge to the validity of this Agreement) or participate in any investigation or proceeding conducted by the EEOC.
Waiver of Age Discrimination Claims. I received this Agreement on September 23, 2021 and acknowledge that I have been given a reasonable period to consider whether to sign it. I understand and agree that I:
Waiver of Age Discrimination Claims. You acknowledge and represent that you have been given a 21-day waiting period to consider whether to sign this Agreement. You understand that even if you sign and return this Agreement, you can still revoke this Agreement within seven (7) days after it is returned to the Company (the “Revocation Period”) and this Agreement will not become effective or enforceable until the Revocation Period has expired (such date, the “Effective Date”). You understand and agree that you: (i) have carefully read and fully understand all of the provisions of this Agreement; (ii) are, through this Agreement, releasing the Company from any and all claims you may have against it to date under the ADEA; (iii) knowingly and voluntarily agree to all of the terms set forth in this Agreement; (iv) knowingly and voluntarily intend to be legally bound by the same; (v) were advised and hereby are advised in writing to consider the terms of this Agreement and consult with an attorney of your choice prior to executing this Agreement; and,
Waiver of Age Discrimination Claims. 4.1. The General Release set forth above at Paragraph 3 includes claims under the Age Discrimination in Employment Act of 1967 (the “ADEA”). This means that Cicero waives any right to bring a lawsuit alleging age discrimination or to participate in the settlement or remedy of any action brought under the ADEA by any other individual or by the Equal Employment Opportunity Commission, the agency that enforces the ADEA, with regard to any act or omission that occurred prior to the effective date of this Agreement, for any monetary or personal relief.
4.2. Cicero is advised to consult with an attorney of his own choosing to review this Agreement and its Release, as it pertains to waiving any claims of age discrimination, before signing the Agreement. Cicero is provided twenty-one (21) days from the date he receives this Agreement within which to execute the Agreement.
4.3. Cicero may revoke this Agreement at any time during a period of seven (7) calendar days after his execution of this Agreement (the “revocation period”). Notice of revocation shall be given to 1st Mariner in writing, delivered to Lxxxxxxx Xxx, Bank Vice President of Human Resources, on behalf of 1st Mariner, within said seven (7) day revocation period. This Agreement shall become effective automatically upon the expiration of the revocation period if Cicero has not revoked this Agreement in this fashion. The “effective date” of this Agreement shall be the date on which the revocation period expires, provided that there has been no revocation in the form described above during said period. If Cicero does revoke this Agreement, all of 1st Mariner’s obligations under Paragraph 2 above shall become null and void. Cicero acknowledges that the waiver of his claims under Paragraph 3 above is completely voluntary and not the result of any duress or coercion.
