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

Waiver of Rights Under the Age Discrimination in Employment Act. Executive understands and acknowledges that the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), provides Executive the right to bring a claim against Employer if Executive believes Executive has been discriminated against on the basis of age. Employer denies any such discrimination. Executive understands the rights afforded to him under the ADEA and agrees that Executive will not file any claim or action against Employer or any of the Released Parties based on any alleged violations of the ADEA. Executive hereby knowingly and voluntarily waives any right to assert a claim for relief under this Act, including but not limited to back pay, front pay, attorneys fees, damages, reinstatement or injunctive relief. Executive also understands and acknowledges that the ADEA requires Employer to provide Executive with at least [twenty-one (21) or forty-five (45) as applicable]calendar days to consider this Agreement (“Consideration Period”) prior to its execution. Executive acknowledges that Executive was provided with and has used the Consideration Period or, alternatively, that Executive elected to sign the Agreement within the Consideration Period and waives the remainder of the Consideration Period. Executive also understands that Executive is entitled to revoke this Agreement at any time during the seven (7) days following Executive’s execution of this Agreement (“Revocation Period”). Executive also understands that any revocation of this Agreement must be in writing and delivered to the attention of Xxxxx X. Xxx, Chief Executive Officer, at Employer’s headquarters located at 0000 Xxxxx Xxxxxxxxx Xxxxx, Xxxxx 000, Xxxxxx, Xxxxxxxxxx 00000 prior to the expiration of the revocation period.

Appears in 8 contracts

Samples: Employment Agreement (Community West Bancshares), Employment Agreement (Community West Bancshares), Employment Agreement (Community West Bancshares)

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Waiver of Rights Under the Age Discrimination in Employment Act. Executive understands and acknowledges that the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), provides Executive the right to bring a claim against Employer Bancorp if Executive believes Executive he has been discriminated against on the basis of age. Employer Bancorp denies any such discrimination. Executive understands the rights afforded to him under the ADEA and agrees that Executive he will not file any claim or action against Employer Bancorp or any of the Released Parties based on any alleged violations of the ADEA. Notwithstanding anything in this Agreement to the contrary, Executive shall not be deemed to have waived his right to and shall not be prohibited from bringing a charge or instituting legal action for the purpose of challenging the validity or enforceability of this Agreement under the ADEA.Executive hereby knowingly and voluntarily waives any right to assert a claim for relief under this Actthe ADEA, including but not limited to to, back pay, front pay, attorneys attorneys’ fees, damages, reinstatement or r injunctive relief. Executive also understands and acknowledges that the ADEA requires Employer Bancorp to provide Executive with at least [twenty-one (21) or forty-five (45) as applicable]calendar calendar days to consider this Agreement (“Consideration Period”) prior to its execution. Executive acknowledges that Executive he was provided with and has used the Consideration Period or, alternatively, that Executive he elected to sign the Agreement within the Consideration Period and waives the remainder of the Consideration Period. Executive also understands that Executive is entitled to revoke this Agreement at any time during the seven (7) days following Executive’s execution of this Agreement (“Revocation Period”). Executive also understands that any revocation of this Agreement must be in writing and delivered to the attention of Xxxxx Xxxxxx X. XxxXxxxx, Chief Executive OfficerChairman of the Board, at EmployerBancorp’s headquarters located at 0000 Xxxxx Xxxxxxxxx Xxxxx, Xxxxx 000, Xxxxxx, Xxxxxxxxxx 00000 prior to the expiration of the revocation period. Delivery of the revocation should be via facsimile to (000) 000-0000 with a hard copy to follow via first class mail.

Appears in 3 contracts

Samples: Employment Agreement (Community West Bancshares), Bank Merger Agreement (Community West Bancshares /), Bank Merger Agreement (Central Valley Community Bancorp)

Waiver of Rights Under the Age Discrimination in Employment Act. Executive Employee specifically understands and acknowledges that the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), provides Executive Employee the right to bring a claim against Employer if Executive Employee believes Executive that Employee has been discriminated against on the basis of age. Employer specifically denies any such discrimination. Executive Employee understands the rights afforded to him under the ADEA and agrees that Executive he will not file any claim or action against Employer or any of the Released Parties based on any alleged violations of the ADEA. Executive Employee hereby knowingly and voluntarily waives any right to assert a claim for relief under this Act, including but not limited to back pay, front pay, attorneys attorney’s fees, damages, reinstatement or injunctive relief. Executive Employee is advised to consult with independent legal counsel prior to executing a waiver of rights under the ADEA. Employee also understands and acknowledges that the ADEA requires Employer to provide Executive Employee with at least [twenty-one (21) or forty-five (45) as applicable]calendar calendar days to consider this Agreement (“Consideration Period”) prior to its execution. Executive Employee acknowledges that Executive he was provided with and has used the Consideration Period or, alternatively, that Executive he elected to sign the Agreement within the Consideration Period and waives the remainder of the Consideration Period. Executive Employee also understands that Executive Employee is entitled to revoke this Agreement at any time during the seven (7) days following ExecutiveEmployee’s execution of this Agreement (“Revocation Period”). Executive Employee also understands that any revocation of this Agreement must be in writing and delivered to the attention of Xxxxx Xxxxxxx X. XxxXxxxxx, Chief Executive OfficerPresident and CEO, at Employer’s headquarters located at Bank of Commerce Holdings, 0000 Xxxxx Xxxxxxxxx XxxxxXxxxxx Xxxx, Xxxxx 000, XxxxxxXxxxxxxxx, Xxxxxxxxxx XX 00000 prior to the expiration of the revocation periodRevocation Period.

Appears in 1 contract

Samples: Severance and Release Agreement (Bank of Commerce Holdings)

Waiver of Rights Under the Age Discrimination in Employment Act. Executive Employee specifically understands and acknowledges that the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), provides Executive Employee the right to bring a claim against Employer if Executive Employee believes Executive that Employee has been discriminated against on the basis of age. Employer specifically denies any such discrimination. Executive Employee understands the rights afforded to him under the ADEA and agrees that Executive he will not file any claim or action against Employer or any of the Released Parties based on any alleged violations of the ADEA. Executive Employee hereby knowingly and voluntarily waives any right to assert a claim for relief under this Actthe ADEA, including but not limited to back pay, front pay, attorneys attorney’s fees, damages, reinstatement or injunctive relief. Executive Employee is advised to consult with independent legal counsel prior to executing a waiver of rights under the ADEA. Employee also understands and acknowledges that the ADEA requires Employer to provide Executive Employee with at least [twenty-one (21) or forty-five (45) as applicable]calendar calendar days to consider this Agreement (“Consideration Period”) prior to its execution. Executive Employer hereby extends this time frame from twenty-one (21) days to Fifty-three (53) days (the “Consideration Period”). Employee acknowledges that Executive he was provided with and has used the Consideration Period or, alternatively, that Executive he elected to sign the this Agreement within the Consideration Period and waives the remainder of the Consideration Period. Executive Employer and Employee agree that any changes to this Agreement, whether material or immaterial, do not restart the running of the Consideration Period. Employee also understands that Executive Employee is entitled to revoke this Agreement at any time during the seven (7) days following ExecutiveEmployee’s execution of this Agreement (“Revocation Period”). Executive Employee also understands that any revocation of this Agreement must be in writing and delivered to the attention of Xxxxx Bxxxxx X. XxxXxxxx, Chief Executive OfficerSVP Human Resources Director, at Employer’s headquarters located at 0000 Xxxxx Xxxxxxxxx XxxxxMerchants Bank of Commerce, 1000 Xxxxxx Xxxx, Xxxxx 000, Xxxxxx, Xxxxxxxxxx Xxxxxxxxx XX 00000 prior to the expiration of the revocation periodRevocation Period.

Appears in 1 contract

Samples: Severance and Release Agreement (Bank of Commerce Holdings)

Waiver of Rights Under the Age Discrimination in Employment Act. Executive Employee specifically understands and acknowledges that the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), provides Executive Employee the right to bring a claim against Employer if Executive Employee believes Executive that Employee has been discriminated against on the basis of age. Employer specifically denies any such discrimination. Executive Employee understands the rights afforded to him Employee under the ADEA and agrees that Executive he will not file any claim or action against Employer or any of the Released Parties based on any alleged violations of the ADEA. Executive Employee hereby knowingly and voluntarily waives any right to assert a claim for relief under this Act, including but not limited to back pay, front pay, attorneys attorney’s fees, damages, reinstatement or injunctive relief. Executive Employee is advised to consult with independent legal counsel prior to executing a waiver of rights under the ADEA. Employee also understands and acknowledges that the ADEA requires Employer to provide Executive Employee with at least [twenty-one (21) or forty-five (45) as applicable]calendar calendar days to consider this Agreement Supplemental Release (“Consideration Period”) prior to its execution. Executive Employee acknowledges that Executive he was provided with and has used the Consideration Period or, alternatively, that Executive he elected to sign the Agreement Supplemental Release within the Consideration Period and waives the remainder of the Consideration Period. Executive Employee also understands that Executive Employee is entitled to revoke this Agreement Supplemental Release at any time during the seven (7) days following ExecutiveEmployee’s execution of this Agreement Supplemental Release (“Revocation Period”). Executive Employee also understands that any revocation of this Agreement Supplemental Release must be in writing and delivered to the attention of Xxxxx Xxxxxxx X. XxxXxxxxx, Chief Executive OfficerPresident and CEO, at Employer’s headquarters located at Bank of Commerce Holdings, 0000 Xxxxx Xxxxxxxxx XxxxxXxxxxx Xxxx, Xxxxx 000, XxxxxxXxxxxxxxx, Xxxxxxxxxx XX 00000 prior to the expiration of the revocation periodRevocation Period.

Appears in 1 contract

Samples: Severance and Release Agreement (Bank of Commerce Holdings)

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Waiver of Rights Under the Age Discrimination in Employment Act. Executive understands and acknowledges that the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), provides Executive the right to bring a claim against Employer if Executive believes Executive he has been discriminated against on the basis of age. Employer denies any such discrimination. Executive understands the rights afforded to him under the ADEA and agrees that Executive he will not file any claim or action against Employer or any of the Released Parties based on any alleged violations of the ADEA. Executive hereby knowingly and voluntarily waives any right to assert a claim for relief under this Act, including but not limited to back pay, front pay, attorneys fees, damages, reinstatement or injunctive relief. Executive also understands and acknowledges that the ADEA requires Employer to provide Executive with at least [twenty-one (21) or forty-five (45) as applicable]calendar calendar days to consider this Agreement (“Consideration Period”) prior to its execution. Executive acknowledges that Executive he was provided with and has used the Consideration Period or, alternatively, that Executive he elected to sign the Agreement within the Consideration Period and waives the remainder of the Consideration Period. Executive also understands that Executive is entitled to revoke this Agreement at any time during the seven (7) days following Executive’s execution of this Agreement (“Revocation Period”). Executive also understands that any revocation of this Agreement must be in writing and delivered to the attention of Xxxxx Xxxxxx X. XxxXxxxx, Chief Executive OfficerChairman of the Boards, at Employer’s headquarters located at 0000 Xxxxx Xxxxxxxxx Xxxxx, Xxxxx 000, Xxxxxx, Xxxxxxxxxx 00000 prior to the expiration of the revocation period. Delivery of the revocation should be via facsimile to (000) 000-0000 with a hard copy to follow via first class mail.

Appears in 1 contract

Samples: Employment Agreement (Central Valley Community Bancorp)

Waiver of Rights Under the Age Discrimination in Employment Act. Executive understands and acknowledges that the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), provides Executive the right to bring a claim against Employer Bank if Executive believes Executive he has been discriminated against on the basis of age. Employer Bank denies any such discrimination. Executive understands the rights afforded to him under the ADEA and agrees that Executive he will not file any claim or action against Employer Bank or any of the Released Parties based on any alleged violations of the ADEA. Executive hereby knowingly and voluntarily waives any right to assert a claim for relief under this Act, including but not limited to back pay, front pay, attorneys fees, damages, reinstatement or injunctive relief. Executive also understands and acknowledges that the ADEA requires Employer Bank to provide Executive with at least [twenty-one (21) or forty-five (45) as applicable]calendar calendar days to consider this Agreement (“Consideration Period”) prior to its execution. Executive acknowledges that Executive he was provided 1355022.2 with and has used the Consideration Period or, alternatively, that Executive he elected to sign the Agreement within the Consideration Period and waives the remainder of the Consideration Period. Executive also understands that Executive is entitled to revoke this Agreement at any time during the seven (7) days following Executive’s execution of this Agreement (“Revocation Period”). Executive also understands that any revocation of this Agreement must be in writing and delivered to the attention of Xxxxx Xxxxxx X. XxxXxxxx, President and Chief Executive OfficerOffer, at EmployerBank’s headquarters located at 0000 Xxxxx Xxxxxxxxx Xxxxx, Xxxxx 000, Xxxxxx, Xxxxxxxxxx 00000 prior to the expiration of the revocation period. Delivery of the revocation should be via facsimile to (000) 000-0000 with a hard copy to follow via first class mail.

Appears in 1 contract

Samples: Employment Agreement (Central Valley Community Bancorp)

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