Common use of Waiver of Claims Under ADEA Clause in Contracts

Waiver of Claims Under ADEA. In the event Employee is age 40 or more as of the date hereof, Employee acknowledges that he/she is waiving and releasing any rights he/she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and Releasees agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the effective date of this Agreement. Employee acknowledges that the consideration given for this Agreement is in addition to anything of value to which Employee was already entitled. If the ADEA waiver is applicable, Employee further acknowledges that he/she has been advised by this writing that (a) he/she should consult with an attorney prior to executing this Agreement; (b) he/she has at least twenty-one (21) days from the date he/she receives this Agreement within which to consider this Agreement; (c) he/she has at least seven (7) days following the execution of this Agreement by the parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired; and (e) 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. Any revocation should be in writing and delivered to me by close of business on the seventh day from the date that Employee signed this Agreement. Employee understands that, although Employee has twenty-one (21) days to consider the Agreement, Employee may accept the terms of the Agreement at any time within those twenty-one (21) days.

Waiver of Claims Under ADEA. In the event Employee is age 40 or more as of the date hereof, Employee acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) ), and that this waiver and release is knowing and voluntary. Employee and Releasees agree agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the effective date Effective Date of this Agreement. Employee acknowledges that the consideration given for this Agreement waiver and release is in addition to anything of value to which Employee was already entitled. If the ADEA waiver is applicable, Employee further acknowledges that he/she he has been advised by this writing that that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has at least twenty-one (21) days from the date he/she receives this Agreement within which to consider this Agreement; (c) he/she he has at least seven (7) days following the his execution of this Agreement by the parties to revoke the this Agreement; and (d) this Agreement shall not be effective until after the revocation period has expired; and (e) 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 penalties, or costs from for doing so, unless specifically authorized by federal law. Any revocation should be In the event Employee signs this Agreement and returns it to the Company in writing less than the 21-day period identified above, Employee hereby acknowledges that he has freely and delivered voluntarily chosen to me by close of business on waive the seventh day from the date that Employee signed time period allotted for considering this Agreement. Employee understands thatThis Separation Agreement and Release (this “China Release”) is made by and between Xxxx Xx (“Employee”) and UTStarcom (China) Co., although Employee has twenty-one Ltd. (21the “Company”) days (collectively, referred to consider as the Agreement“Parties” or individually, Employee may accept the terms of the Agreement at any time within those twenty-one (21) daysreferred to as a “Party”).

Waiver of Claims Under ADEA. In the event Employee is age 40 or more Kxx understands that as part of the date hereof, Employee acknowledges that he/she this Release he is waiving and releasing any his rights he/she may have to pursue a claim against Cxxxxxxxx Downs for age discrimination under the Age Discrimination in Employment Act of 1967 (“ADEA”) ADEA and that this waiver thus acknowledges and release is knowing and voluntary. Employee and Releasees agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the effective date of this Agreement. Employee acknowledges that the consideration given for this Agreement is in addition to anything of value to which Employee was already entitled. If the ADEA waiver is applicable, Employee further acknowledges that he/she agrees that: a. Kxx has been advised by this writing informed and understands and agrees that (a) he/she should consult with an attorney prior to executing this Agreement; (b) he/she has at least twenty-one (21) days from the date he/she receives this Agreement within which to consider this Agreement; (c) he/she has at least seven (7) days following the execution of this Agreement by the parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired; and (e) 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. Any revocation should be in writing and delivered to me by close of business on the seventh day from the date that Employee signed this Agreement. Employee understands that, although Employee he has twenty-one (21) calendar days after receipt of this Release to consider whether to sign it; b. Kxx has been informed and understands and agrees that he may change his mind and revoke this Release at any time during the Agreementseven (7) calendar days after this Release is signed, Employee may accept in which case none of the terms provisions of the Release or the Agreement will have any effect. Kxx acknowledges and agrees that if he wishes to revoke this Release, he must do so in writing, and that such revocation must be signed by Kxx and received by Cxxxxxx X. Xxxxxx, Vice President of Human Resources, Cxxxxxxxx Downs Incorporated no later than the seventh (7th) day after Kxx has signed the Release. Kxx acknowledges and agrees that, in the event Kxx revokes the Release, he shall have no right to receive the Completion Bonus and the benefits payable pursuant to Paragraph 2 of the Agreement at provided therein. c. Kxx agrees that prior to signing this Release, he read and understood each and every provision of this Release; d. Kxx agrees that prior to signing this Release, he had the opportunity to consult with an attorney of his choosing regarding the effect of each and every provision of this Release. e. Kxx acknowledges and agrees that he knowingly and voluntarily entered into this Release with complete understanding of all relevant facts, and that he was neither fraudulently induced nor coerced to enter into this Release. f. Kxx understands that he is not waiving, releasing or otherwise discharging any time within those twenty-one (21) daysclaims under the ADEA that may arise after the date he signs this Release. g. Kxx acknowledges and agrees that the Completion Bonus and the benefits payable pursuant to Paragraph 2 of the Agreement constitutes consideration beyond that which he is otherwise entitled to receive and is offered solely in exchange for his release and waiver of all claims as set forth herein.