Common use of Waiver of Rights and Claims Under the Age Discrimination in Employment Act of 1967 Clause in Contracts

Waiver of Rights and Claims Under the Age Discrimination in Employment Act of 1967. I acknowledge that since I am 40 years of age or older, I have being informed that I have or may have specific rights and/or claims under the Age Discrimination in Employment Act of 1967 (ADEA) and I agree that: (a) in consideration for the Severance Benefits, which I am not otherwise entitled to receive, I specifically and voluntarily waive such rights and/or claims under the ADEA I might have against the Company Releasees to the extent such rights and/or claims arose prior to the date this General Release was executed; (b) I understand that rights or claims under the ADEA which may arise after the date this General Release is executed are not waived by me; (c) I am advised to consider the terms of this General Release carefully and consult with or seek advice from an attorney of my choice or any other person of my choosing prior to executing this General Release; (d) I have forty-five (45) days to review this General Release and consider its terms before signing it (this 45-day review period will rate be affected or extended by any revisions that might be made to this General Release); and (e) I have carefully read and fully understand all of the provisions of this General Release, and I knowingly and voluntarily agree to all of the terms set forth in this General Release. I further acknowledge that within the 7-day period following my execution of this General Release (the “Revocation Period”) I shall have the unilateral right to revoke this General Release, and that the Company’s obligations hereunder shall become effective only upon the expiration of the Revocation Period without my revocation hereof. I understand that in order to be effective, notice of my revocation of this General Release must be received by the Company on or before the last day of the Revocation Period. This General Release shall not be effective until the Revocation Period has expired. Nothing in this General Release prevents or precludes me 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 for doing so, unless specifically authorized by federal law.

Appears in 8 contracts

Samples: Employment Agreement (LiveVox Holdings, Inc.), Employment Agreement (Aspect Software Group Holdings Ltd.), Employment Agreement (Concerto Software (Japan) Corp)

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Waiver of Rights and Claims Under the Age Discrimination in Employment Act of 1967. I acknowledge that since Since I am 40 years of age or older, I acknowledge and agree that I have being been informed that I have or may have specific rights and/or claims under the Age Discrimination in Employment Act of 1967 (the “ADEA) and I agree that: : (a) in consideration for the Severance Benefitspayments and benefits described in the Employment Agreement, which I am not otherwise entitled to receivereceive absent execution and non-revocation of the Release, I specifically and voluntarily waive such rights and/or claims under the ADEA that I have or might have against the Company Releasees to the extent such rights and/or claims arose prior to the date I executed this General Release was executed; Release; (b) I understand that I am not waiving rights or claims under the ADEA which may arise after the date that I execute this General Release is executed are not waived by me; Release; (c) I am have been advised to consider the terms of this General Release carefully and consult with or seek advice from an attorney of my choice or any other person of my choosing prior to before executing this General Release; ; (d) I have fortybeen advised that I have twenty-five one (4521) days from the date I receive this Release (the “Consideration Period”) to review this General Release and consider its terms before signing it (this 45-day review period it, and I acknowledge and agree that such Consideration Period will rate not be affected or extended by any revisions changes, whether material or immaterial, that might be made to this General Release); and ; (e) in entering into this Release I have carefully read and fully understand all am not relying on any representation, promise or inducement made by the Company or its attorneys with the exception of the provisions of this General Release, and I knowingly and voluntarily agree to all of the terms set forth those promises described in this General Release. I further acknowledge that within the 7-day period following my execution of this General Release ; and (the “Revocation Period”f) I shall have the unilateral right to may revoke this General Release, Release for a period of seven (7) days after I sign it and that the Company’s all rights and obligations hereunder of both parties under this Release shall not become effective only or enforceable until the date upon which the seven (7) day revocation period has expired. For such a revocation to be effective, the Company must receive it on or before the expiration of the Revocation Period without my seven (7) day revocation hereof. I understand that in order to be effective, notice of my revocation of this General Release must be received by the Company on or before the last day of the Revocation Period. This General Release shall not be effective until the Revocation Period has expired. Nothing in this General Release prevents or precludes me 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 for doing so, unless specifically authorized by federal lawperiod.

Appears in 4 contracts

Samples: Employment Agreement (Novanta Inc), Employment Agreement (Novanta Inc), Employment Agreement (Novanta Inc)

Waiver of Rights and Claims Under the Age Discrimination in Employment Act of 1967. I acknowledge that since I am 40 years of age or older, I have being informed that I have or may have specific rights and/or claims under the Age Discrimination in Employment Act of 1967 (ADEA) and I agree that: (a) in consideration for the Severance Benefits, which I am not otherwise entitled to receive, I specifically and voluntarily waive such rights and/or claims under the ADEA I might have against the Company Releasees to the extent such rights and/or claims arose prior to the date this General Release was executed; (b) I understand that rights or claims under the ADEA which may arise after the date this General Release is executed are not waived by me; (c) I am advised to consider the terms of this General Release carefully and consult with or seek advice from an attorney of my choice or any other person of my choosing prior to executing this General Release; (d) I have forty-five (45) days to review this General Release and consider its terms before signing it (this 45-day review period will rate be affected or extended by any revisions that might be made to this General Release); and (e) I have carefully read and fully understand all of the provisions of this General Release, and I knowingly and voluntarily agree to all of the terms set forth in this General Release. I further acknowledge that within the 7-day period following my execution of this General Release (the “Revocation Period”) I shall have the unilateral right to revoke this General Release, and that the Company’s 's obligations hereunder shall become effective only upon the expiration of the Revocation Period without my revocation hereof. I understand that in order to be effective, notice of my revocation of this General Release must be received by the Company on or before the last day of the Revocation Period. This General Release shall not be effective until the Revocation Period has expired. Nothing in this General Release prevents or precludes me 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 for doing so, unless specifically authorized by federal law.

Appears in 3 contracts

Samples: Employment Agreement (Aspect Software Group Holdings Ltd.), Employment Agreement (Aspect Software Group Holdings Ltd.), Employment Agreement (Aspect Software Group Holdings Ltd.)

Waiver of Rights and Claims Under the Age Discrimination in Employment Act of 1967. I acknowledge that since I am Since you are 40 years of age or older, I have you are being informed that I you have or may have specific rights and/or claims under the Age Discrimination in Employment Act of 1967 (ADEA) and I you agree that: (a) : a. in consideration for the Severance Benefitsamounts described in Section 3 of this Agreement allocated to your release of any age-related claims, which I am you are not otherwise entitled to receive, I you specifically and voluntarily waive such rights and/or claims under the ADEA I you might have against the Company Releasees to the extent such rights and/or claims arose prior to the date this General Release was executed; (b) I Effective Date; b. you understand that rights or claims under the ADEA which may arise after the date this General Release is executed Effective Date are not waived by me; (c) I am you; c. you are advised to consider the terms of this General Release carefully and consult with or seek advice from an attorney of my your choice or any other person of my your choosing prior to before executing this General ReleaseAgreement; (d) I you also are advised that you have forty-five (45) 21 days to review this General Release Agreement and consider its terms before signing it (this 45and that such 21-day review period will rate not be affected or extended by any revisions revisions, whether material or immaterial, that might be made to this General Release)Agreement; d. in entering into this Agreement you are not relying on any representation, promise or inducement made by the Company or its attorneys with the exception of those promises described in this document; and (e) I have carefully read and fully understand all of and e. you may revoke your consent to waive any age related claims under the provisions of this General Release, and I knowingly and voluntarily agree to all of the terms ADEA as set forth in this General ReleaseAgreement for a period of seven (7) days following your execution hereof. I further acknowledge All rights and obligations of both parties under this Agreement that within do not relate to age related claims under the 7-day period following my execution of this General Release (the “Revocation Period”) I shall have the unilateral right to revoke this General Release, and that the Company’s obligations hereunder ADEA shall become effective and enforceable upon execution of the Agreement. In the event you opt to revoke the Agreement during the 7 day period, the revocation will apply only upon to age related claims and you will only receive two-thirds of the separation benefits as set forth in Section 3 above. For such a revocation to be effective, it must be delivered so that the Company receives it at or before the expiration of the Revocation Period without my seven (7) day revocation hereofperiod. I understand that in order to be effectiveOtherwise, notice of my revocation of this General Release must be received by the Company Agreement will become fully enforceable on or before the last 8th day of the Revocation Period. This General Release shall not be effective until the Revocation Period has expired. Nothing in this General Release prevents or precludes me 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 for doing so, unless specifically authorized by federal lawfollowing your signature.

Appears in 2 contracts

Samples: Separation Agreement (Pro Pharmaceuticals Inc), Separation Agreement (Gsi Group Inc)

Waiver of Rights and Claims Under the Age Discrimination in Employment Act of 1967. I acknowledge that since I am Because you are 40 years of age or older, I have being you hereby are informed that I you have or may might have specific rights and/or claims under the Age Discrimination in and Employment Act of 1967 1967, as amended (the “ADEA”), and you agree and understand that: (i) and I agree that: (a) in In consideration for the Severance Benefitsamounts described in Section 2, which I am you are not otherwise entitled to receive, I you specifically and voluntarily waive such rights and/or claims under the ADEA I might have against the Company Releasees to the extent that such rights and/or claims arose prior to or on the date this General Release Agreement was executed; ; (bii) I You understand that rights or claims under the ADEA which may arise after the date this General Release Agreement is executed are not waived by me; you; (ciii) I am You acknowledge that you have been advised to consider the terms of this General Release carefully and that you should consult with or seek advice from an attorney your counsel of my choice or any other person of my choosing prior to executing this General Release; (d) I Agreement, that you have forty-five (45) days to review this General Release Agreement and consider its terms before signing it (this 45-day it, and that the review period will rate not be affected or extended by any revisions revisions, whether material or immaterial, that might be made to this General Release); Agreement, and you have not been subject to any undue or improper influence interfering with the exercise of your free will in deciding whether to consult with counsel; (iv) You are hereby informed of: (1) the group of individuals considered for inclusion in the reduction in force, (2) the selection criteria used to determine the individuals within the group who are included in the reduction in force, (3) the job title and ages of all individuals within the group who have been selected for inclusion in the reduction in force, and (e4) I the job title and ages of all individuals within the group who have not been selected for inclusion in the reduction in force. A copy of the lists and information referenced in this paragraph are attached hereto as Exhibit A; (v) You have carefully read and fully understand all of the provisions of this General ReleaseAgreement, and I you knowingly and voluntarily agree to all of the terms set forth in this General Release. I further Agreement, and you acknowledge that within the 7-day period following my execution of in entering into this General Release (the “Revocation Period”) I shall have the unilateral right to revoke this General ReleaseAgreement, and that the Company’s obligations hereunder shall become effective only upon the expiration of the Revocation Period without my revocation hereof. I understand that in order to be effectiveyou are not relying on any representation, notice of my revocation of this General Release must be received promise or inducement made by the Company on or before its representatives with the last day exception of the Revocation Period. This General Release those promises contained in this document; and (vi) You may revoke this Agreement for a period of seven (7) days following your execution hereof and all rights and obligations of both parties under this Agreement shall not be become effective or enforceable until the Revocation Period seven (7) day revocation period has expired. Nothing in this General Release prevents or precludes me 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 Please see Section 10 for doing so, unless specifically authorized by federal lawmore details.

Appears in 2 contracts

Samples: Severance Agreement (Aegerion Pharmaceuticals, Inc.), Severance Agreement (Aegerion Pharmaceuticals, Inc.)

Waiver of Rights and Claims Under the Age Discrimination in Employment Act of 1967. I acknowledge that since I am Since Xxxxx is 40 years of age or older, I have he is being informed that I have he has or may have specific rights and/or claims under the Age Discrimination in Employment Act of 1967 (ADEA) and I agree he agrees that: (a) : a. in consideration for the Severance Benefitsamounts described in Section 3 of this Agreement allocated to Xxxxx’x release of any age-related claims, which I am Xxxxx is not otherwise entitled to receive, I Xxxxx specifically and voluntarily waive waives such rights and/or claims under the ADEA I Xxxxx might have against the Company Releasees to the extent such rights and/or claims arose prior to the date this General Release was executed; (b) I understand Effective Date; x. Xxxxx understands that rights or claims under the ADEA which may arise after the date this General Release is executed Effective Date are not waived by me; (c) I am him; x. Xxxxx is advised to consider the terms of this General Release carefully and consult with or seek advice from an attorney of my his choice or any other person of my Xxxxx’x choosing prior to before executing this General ReleaseAgreement; (d) I have forty-five (45) Xxxxx also is advised that he has 21 days to review this General Release Agreement and consider its terms before signing it (this 45and that such 21-day review period will rate not be affected or extended by any revisions revisions, whether material or immaterial, that might be made to this General Release)Agreement; d. in entering into this Agreement Xxxxx is not relying on any representation, promise or inducement made by the Company or its attorneys with the exception of those promises described in this document; and (e) I have carefully read and fully understand all of and x. Xxxxx may revoke his consent to waive any age related claims under the provisions of this General Release, and I knowingly and voluntarily agree to all of the terms ADEA as set forth in this General ReleaseAgreement for a period of seven (7) days following his execution hereof. I further acknowledge All rights and obligations of both parties under this Agreement that within do not relate to age related claims under the 7-day period following my execution of this General Release (the “Revocation Period”) I shall have the unilateral right to revoke this General Release, and that the Company’s obligations hereunder ADEA shall become effective and enforceable upon execution of the Agreement. In the event Xxxxx opts to revoke the Agreement during the 7 day period, the revocation will apply only upon to age related claims and Xxxxx will only receive two-thirds of the separation benefits as set forth in Section 3 above. For such a revocation to be effective, it must be delivered so that the Company receives it at or before the expiration of the Revocation Period without my seven (7) day revocation hereofperiod. I understand that in order to be effectiveOtherwise, notice of my revocation of this General Release must be received by the Company Agreement will become fully enforceable on or before the last 8th day of the Revocation Period. This General Release shall not be effective until the Revocation Period has expired. Nothing in this General Release prevents or precludes me 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 for doing so, unless specifically authorized by federal lawfollowing Xxxxx’x signature.

Appears in 1 contract

Samples: Separation Agreement (Gsi Group Inc)

Waiver of Rights and Claims Under the Age Discrimination in Employment Act of 1967. I acknowledge that since Since I am 40 years of age or older, I acknowledge and agree that I have being been informed that I have or may have specific rights and/or claims under the Age Discrimination in Employment Act of 1967 (the “ADEA) and I agree that: : (a) in consideration for the Severance Benefitspayments and benefits described in the Employment Agreement, which I am not otherwise entitled to receivereceive absent execution and non-revocation of the Release, I specifically and voluntarily waive such rights and/or claims under the ADEA that I have or might have against the Company Releasees to the extent such rights and/or claims arose prior to the date I executed this General Release was executed; Release; (b) I understand that I am not waiving rights or claims under the ADEA which may arise after the date that I execute this General Release is executed are not waived by me; Release; (c) I am have been advised to consider the terms of this General Release carefully and consult with or seek advice from an attorney of my choice or any other person of my choosing prior to before executing this General Release; ; (d) I have been advised that I have twenty-one (21) days or, in the event that my termination of employment is “in connection with an exit incentive or other employment termination program” (as such phrase is defined in the ADEA), forty-five (45) days (the applicable time period, the “Consideration Period”) to review this General Release and consider its terms before signing it (this 45-day review period it, and I acknowledge and agree that such Consideration Period will rate not be affected or extended by any revisions changes, whether material or immaterial, that might be made to this General Release); and ; (e) in entering into this Release I have carefully read and fully understand all am not relying on any representation, promise or inducement made by the Company or its attorneys with the exception of the provisions of this General Release, and I knowingly and voluntarily agree to all of the terms set forth those promises described in this General Release. I further acknowledge that within the 7-day period following my execution of this General Release ; and (the “Revocation Period”f) I shall have the unilateral right to may revoke this General Release, Release for a period of seven (7) days after I sign it and that the Company’s all rights and obligations hereunder of both parties under this Release shall not become effective only or enforceable until the date upon which the seven (7) day revocation period has expired. For such a revocation to be effective, the Company must receive it on or before the expiration of the Revocation Period without my seven (7) day revocation hereof. I understand that in order to be effective, notice of my revocation of this General Release must be received by the Company on or before the last day of the Revocation Period. This General Release shall not be effective until the Revocation Period has expired. Nothing in this General Release prevents or precludes me 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 for doing so, unless specifically authorized by federal lawperiod.

Appears in 1 contract

Samples: Employment Agreement (Gsi Group Inc)

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Waiver of Rights and Claims Under the Age Discrimination in Employment Act of 1967. I acknowledge that since I am Because Xx. Xxxxxxx is 40 years of age or older, I have being Xx. Xxxxxxx hereby is informed that I have he has or may might have specific rights and/or claims under the Age Discrimination in and Employment Act of 1967 1967, as amended (the “ADEA”), and Xx. Xxxxxxx agrees and understands that: (i) and I agree that: (a) in In consideration for the Severance Benefitsamounts described in Section 2, which I am Xx. Xxxxxxx is not otherwise entitled to receivereceive without execution of a release, I Xx. Xxxxxxx specifically and voluntarily waive waives such rights and/or claims under the ADEA I might have against the Company Releasees to the extent that such rights and/or claims arose prior to or on the date this General Release Agreement was executed; ; (bii) I understand Xx. Xxxxxxx understands that rights or claims under the ADEA which may arise after the date this General Release Agreement is executed are not waived by me; Xx. Xxxxxxx; (ciii) I am Xx. Xxxxxxx acknowledges that he has been advised to consider the terms of this General Release carefully and that Xx. Xxxxxxx should consult with or seek advice from an attorney counsel of my choice or any other person of my choosing prior to executing this General Release; Agreement, that Xx. Xxxxxxx has been given the opportunity to take at least twenty-one (d) I have forty-five (4521) days to review this General Release Agreement and consider its terms before signing it it, and has not been subject to any undue or improper influence interfering with the exercise of Xx. Xxxxxxx’x free will in deciding whether to consult with counsel; (this 45-day review period will rate be affected or extended by any revisions that might be made to this General Release); and (eiv) I have Xx. Xxxxxxx has carefully read and fully understand understands all of the provisions of this General ReleaseAgreement, and I knowingly and voluntarily agree agrees to all of the terms set forth in this General Release. I further acknowledge that within the 7-day period following my execution of this General Release (the “Revocation Period”) I shall have the unilateral right to revoke this General ReleaseAgreement, and that the Company’s obligations hereunder shall become effective only upon the expiration of the Revocation Period without my revocation hereof. I understand acknowledges that in order to be effectiveentering into this Agreement, notice of my revocation of this General Release must be received is not relying on any representation, promise or inducement made by the Company on or before its representatives with the last day exception of the Revocation Periodthose promises contained in this document; and (v) Xx. This General Release Xxxxxxx may revoke this Agreement for a period of seven (7) days following his execution hereof and all rights and obligations of both parties under this Agreement shall not be become effective or enforceable until the Revocation Period seven (7) day revocation period has expired. Nothing in this General Release prevents or precludes me 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 Please see Section 10 for doing so, unless specifically authorized by federal lawmore details.

Appears in 1 contract

Samples: Separation Agreement (Aegerion Pharmaceuticals, Inc.)

Waiver of Rights and Claims Under the Age Discrimination in Employment Act of 1967. I acknowledge that since I am Since you are 40 years of age or older, I have you are being informed that I you have or may have specific rights and/or claims under the Age Discrimination in Employment Act of 1967 (ADEA) and I you agree that: (a) : a. in consideration for the Severance Benefitsamounts described in Attachment A to this release, which I am you are not otherwise entitled to receive, I you specifically and voluntarily waive such rights and/or claims under the ADEA I you might have against the Company Releasees to the extent such rights and/or claims arose prior to the date this General Release letter agreement was executed; (b) I ; b. you understand that rights or claims under the ADEA which may arise after the date this General Release letter agreement is executed are not waived by me; (c) I am you; c. you are advised to consider the terms of this General Release release carefully and consult with or seek advice from an attorney of my your choice or any other person of my your choosing prior to executing this General Release; (d) I have forty-five (45) days to review this General Release and consider its terms before signing it (this 45-day review period will rate be affected or extended by any revisions that might be made to this General Release); and (e) I letter agreement; d. you have carefully read and fully understand all of the provisions of this General Releaserelease, and I you knowingly and voluntarily agree to all of the terms set forth in this General Releaserelease; and e. in entering into this release you are not relying on any representation, promise or inducement made by the Company or its attorneys with the exception of those promises described in this document. I further acknowledge hereby agree to the terms and conditions set forth in Attachment B. I have been given at least twenty-one (21) days to consider Attachment B and I have chosen to execute it on the date below. Attachment B will become a binding agreement between the Company and me if I do not revoke my acceptance within seven (7) days. __________________________________ Xxxxxxx X’Xxxxx Date: August 3, 2011 Xx. Xxxxxxx X’Keefe January 26, 2011 Page 17 i. Subject to this Attachment C, any severance payments that within may be due under the 7-day period Agreement shall begin only upon the date of the Executive’s “separation from service” (determined as set forth below) which occurs on or after the termination of Executive’s employment. The following my execution rules shall apply with respect to distribution of this General Release (the severance payments, if any, to be provided to the Executive under the Agreement, as applicable: 1. It is intended that each installment of the severance payments under the Agreement provided under shall be treated as a separate Revocation Period”) I payment” for purposes of Section 409A. Neither the Company nor Executive shall have the unilateral right to revoke this General Releaseaccelerate or defer the delivery of any such payments except to the extent specifically permitted or required by Section 409A. 2. If, and that as of the date of Executive’s “separation from service” from the Company’s obligations hereunder shall become effective only upon , Executive is not a “specified employee” (within the expiration meaning of Section 409A), then each installment of the Revocation Period without my revocation hereofseverance payments shall be made on the dates and terms set forth in the Agreement. 3. I understand that in order to be effectiveIf, notice of my revocation of this General Release must be received by the Company on or before the last day as of the Revocation Period. This General Release shall not be effective until date of Executive’s “separation from service” from the Revocation Period has expired. Nothing in this General Release prevents or precludes me from challenging or seeking Company, Executive is a determination in good faith “specified employee” (within the meaning of Section 409A), then: a. Each installment of the validity of this waiver severance payments due under the ADEAAgreement that, nor does it impose any condition precedentin accordance with the dates and terms set forth herein, penalties or costs for doing sowill in all circumstances, unless specifically authorized by federal law.regardless of when Executive’s separation from service occurs, be paid within the short-term deferral period (as defined under Section 409A) shall be treated as a short-term deferral within the meaning of Treasury Regulation Section 1.409A-1(b)(4) to the maximum extent permissible under Section 409A and shall be paid at the time set forth in the Agreement; and

Appears in 1 contract

Samples: Severance Agreement (Watts Water Technologies Inc)

Waiver of Rights and Claims Under the Age Discrimination in Employment Act of 1967. I acknowledge that since Since I am 40 years of age or older, I acknowledge and agree that I have being been informed that I have or may have specific rights and/or claims under the Age Discrimination in Employment Act of 1967 (the “ADEA) and I agree that: : (a) in consideration for the Severance Benefitspayments and benefits described in the Transition and Release Agreement, which I am not otherwise entitled to receivereceive absent execution and non-revocation of the Release, I specifically and voluntarily waive such rights and/or claims under the ADEA that I have or might have against the Company Releasees to the extent such rights and/or claims arose prior to the date I executed this General Release was executed; Release; (b) I understand that I am not waiving rights or claims under the ADEA which may arise after the date that I execute this General Release is executed are not waived by me; Release; (c) I am have been advised to consider the terms of this General Release carefully and consult with or seek advice from an attorney of my choice or any other person of my choosing prior to before executing this General Release; ; (d) I have fortybeen advised that I have twenty-five one (4521) days from the date I receive this Release (the “Consideration Period”) to review this General Release and consider its terms before signing it (this 45-day review period it, and I acknowledge and agree that such Consideration Period will rate not be affected or extended by any revisions changes, whether material or immaterial, that might be made to this General Release); and ; (e) in entering into this Release I have carefully read and fully understand all am not relying on any representation, promise or inducement made by the Company or its attorneys with the exception of the provisions of this General Release, and I knowingly and voluntarily agree to all of the terms set forth those promises described in this General Release. I further acknowledge that within the 7-day period following my execution of this General Release ; and (the “Revocation Period”f) I shall have the unilateral right to may revoke this General Release, Release for a period of seven (7) days after I sign it and that the Company’s all rights and obligations hereunder of both parties under this Release shall not become effective only or enforceable until the date upon which the seven (7) day revocation period has expired. For such a revocation to be effective, the Company must receive it on or before the expiration of the Revocation Period without my seven (7) day revocation hereof. I understand that in order to be effective, notice of my revocation of this General Release must be received by the Company on or before the last day of the Revocation Period. This General Release shall not be effective until the Revocation Period has expired. Nothing in this General Release prevents or precludes me 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 for doing so, unless specifically authorized by federal lawperiod.

Appears in 1 contract

Samples: Transition and Release of Claims Agreement (Novanta Inc)

Waiver of Rights and Claims Under the Age Discrimination in Employment Act of 1967. I acknowledge that since I am This Agreement is intended to satisfy the requirements of the Older Workers’ Benefit Protection Act, 29 U.S.C. sec. 626(f) of the Age Discrimination and Employment Act of 1967, as amended (the “ADEA”). i. Because you are 40 years of age or older, I have being informed that I have or you hereby may have specific rights and/or claims under the Age Discrimination in Employment Act of 1967 (ADEA) , and I you agree and understand that: (ai) in consideration for the Severance BenefitsBenefits described in Section 2, which I am you are not otherwise entitled to receive, I you specifically and voluntarily waive such rights and/or claims under the ADEA I might have against the Company Releasees to the extent that such rights and/or claims arose prior to or on the date this General Release Agreement was executed; (bii) I understand that rights or claims under the ADEA which may arise after the date this General Release Agreement is executed are not waived by meyou; (ciii) I am by this Agreement, you have been advised in writing of your right to consider the terms of this General Release carefully and consult with or seek advice from an attorney your counsel of my choice or any other person of my choosing prior to executing this General ReleaseAgreement, that you have consulted with such counsel as you deemed necessary and appropriate; (div) I that you have fortybeen given twenty-five one (4521) days to review this General Release Agreement and consider its terms before signing it (this 45although you may elect not to use the full 21-day review period will rate be affected or extended by any revisions at your option, but that might be made changes to this General ReleaseAgreement, material or otherwise, do not extend the 21-day period); and (ev) I you have not been subject to any undue or improper influence interfering with the exercise of your free will in deciding whether to consult with counsel; (vi) you have carefully read and fully understand all of the provisions of this General ReleaseAgreement, and I you knowingly and voluntarily agree to all of the terms set forth in this General Release. I further Agreement, and you acknowledge that within in entering into this Agreement, you are not relying on any representation, promise or inducement made by the 7-day period following my execution Immunomedics or its representatives with the exception of those promises contained in this General Release (the “Revocation Period”) I shall have the unilateral right to document. ii. You may revoke this General ReleaseAgreement for a period of seven (7) days following your execution hereof and all rights and obligations of both parties under this Agreement shall not become effective or enforceable until the day the seven (7) day revocation period has expired. For such a revocation to be effective, and it must be delivered so that the Company’s obligations hereunder shall become effective only upon Company will receive it at or before the expiration of the Revocation Period without my seven (7) day revocation hereofperiod. I understand that in order to be effective, notice of my Any revocation of this General Release must be in writing and received by the Company by 5:00 p.m. on or before the last seventh day after this Agreement is executed by you, directed to the attention of the Revocation Periodsignatory of this Agreement on behalf of the Company. This General Release Agreement shall become effective on the first business day following the expiration of the revocation period (the “Effective Date”). In the event you revoke this Agreement prior to the Effective Date, you will not be effective until the Revocation Period has expired. Nothing in this General Release prevents or precludes me from challenging or seeking a determination in good faith entitled to receive any of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs Severance Benefits provided for doing so, unless specifically authorized by federal lawabove.

Appears in 1 contract

Samples: Separation Agreement (Immunomedics Inc)

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