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. Employee specifically understands and acknowledges that the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), provides Employee the right to bring a claim against Employer if Employee believes that Employee has been discriminated against on the basis of age. Employer specifically denies any such discrimination. Employee understands the rights afforded to Employee under the ADEA and agrees that Employee will not file any claim or action against Employer or any of the entities released in Section 6.0 affiliated with Employer based on any alleged violations of the ADEA. 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 fees, damages, reinstatement or injunctive relief. Notwithstanding the foregoing, Employee does not waive any ADEA claim which may arise after this Agreement is executed. Employee also understands and acknowledges that the ADEA requires Employer to provide Employee with at least twenty-one (21) calendar days to consider this Agreement (“Consideration Period”) prior to its execution. Employee acknowledges that Employee was provided with the required Consideration Period and hereby knowingly and voluntarily, after the opportunity to consult with an attorney, either has used the Consideration Period or waives the remainder of the Consideration Period by executing the Waiver of Consideration Period attached as Exhibit A. Employee understands that Employee is entitled to revoke this Agreement at any time during the seven (7) days following Employee’s execution of this Agreement. Employee also understands that any revocation of this Agreement must be in writing and delivered to the attention of Xxxxx Xxxxx VP Human Resources and Operational Excellence, at Employer’s office in Irvine, California 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: Severance and Release Agreement (Hines Horticulture Inc)

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Waiver of Rights Under the Age Discrimination in Employment Act. Employee specifically Executive understands that this Agreement, and acknowledges that the Age Discrimination in Employment Act release contained herein, waives all of 1967, as amended (the “ADEA”), provides Employee the right to bring a claim against Employer if Employee believes that Employee has been discriminated against on the basis of age. Employer specifically denies any such discrimination. Employee understands the his or her claims and rights afforded to Employee under the ADEA and agrees that Employee will not file any claim or action against Employer or any (including the Older Workers Benefit Protection Act). The waiver of the entities released in Section 6.0 affiliated with Employer based on any alleged violations of Executive’s rights under the ADEA. 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 fees, damages, reinstatement or injunctive relief. Notwithstanding the foregoing, Employee ADEA does not waive any ADEA claim which may extend to claims or rights that might arise after the date this Agreement is executed. Employee also understands and All or part of the consideration to be paid to the Executive are in addition to any sums to which the Executive would be entitled without signing this Agreement. The Executive acknowledges that the ADEA requires Employer he or she has been given up to provide Employee with at least twenty-one (21) calendar days to consider the terms of this Agreement (“Consideration Period”) prior to its executionAgreement. Employee acknowledges that Employee was provided with the required Consideration Period and hereby knowingly and voluntarily, after the opportunity The Executive has been advised to consult with an attorney, either has used the Consideration Period or waives the remainder of the Consideration Period by attorney prior to executing the Waiver of Consideration Period attached as Exhibit A. Employee understands that Employee is entitled to revoke this Agreement at any time during the and has been given a full and fair opportunity to do so. Executive acknowledges that he or she has carefully read this Agreement, fully understands this agreement, and is entering into this Agreement knowingly and voluntarily. For a period of seven (7) days following Employeeexecution of this Agreement (including execution by the Executive on or following the Termination Date), the Executive may revoke the terms of this Agreement by a written document received by the Company no later than 11:59 p.m. of the seventh (7th) day following the Executive’s execution of this Agreement. Employee also understands that any This Agreement will not be effective until said revocation period has expired without a revocation by the Executive on the eighth (8th) day following its execution (including execution by the Executive on or following the Termination Date) (the “Effective Date”). Upon revocation of this Agreement must be in writing and delivered Agreement, the Company will have no obligation to make payments of any kind hereunder, other than amounts due to the attention Executive as a matter of Xxxxx Xxxxx VP Human Resources law, and Operational Excellence, at Employer’s office in Irvine, California prior to the expiration of the revocation period. Delivery of the revocation should this Agreement will be via facsimile to (000) 000-0000 with a hard copy to follow via first class mailvoid ab initio.

Appears in 1 contract

Samples: Separation and Release Agreement (Great Wolf Resorts, Inc.)

Waiver of Rights Under the Age Discrimination in Employment Act. Employee specifically Executive understands that this Agreement, and acknowledges that the Age Discrimination in Employment Act release contained herein, waives all of 1967, as amended (the “ADEA”), provides Employee the right to bring a claim against Employer if Employee believes that Employee has been discriminated against on the basis of age. Employer specifically denies any such discrimination. Employee understands the his or her claims and rights afforded to Employee under the ADEA and agrees that Employee will not file any claim or action against Employer or any (including the Older Workers Benefit Protection Act). The waiver of the entities released in Section 6.0 affiliated with Employer based on any alleged violations of Executive’s rights under the ADEA. 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 fees, damages, reinstatement or injunctive relief. Notwithstanding the foregoing, Employee ADEA does not waive any ADEA claim which may extend to claims or rights that might arise after the date this Agreement is executed. Employee also understands and All or part of the consideration to be paid to the Executive are in addition to any sums to which the Executive would be entitled without signing this Agreement. The Executive acknowledges that the ADEA requires Employer he has been given up to provide Employee with at least twenty-one (21) calendar days to consider the terms of this Agreement (“Consideration Period”) prior to its executionAgreement. Employee acknowledges that Employee was provided with the required Consideration Period and hereby knowingly and voluntarily, after the opportunity The Executive has been advised to consult with an attorney, either has used the Consideration Period or waives the remainder of the Consideration Period by attorney prior to executing the Waiver of Consideration Period attached as Exhibit A. Employee understands that Employee is entitled to revoke this Agreement at any time during the and has been given a full and fair opportunity to do so. Executive acknowledges that he has carefully read this Agreement, fully understands this Agreement, and is entering into this Agreement knowingly and voluntarily. For a period of seven (7) days following Employeeexecution of this Agreement (including execution by the Executive on or following the Separation Date), the Executive may revoke the terms of this Agreement by a written document received by the Company no later than 11:59 p.m. of the seventh (7th) day following the Executive’s execution of this Agreement. Employee also understands that any This Agreement will not be effective until said revocation period has expired without a revocation by the Executive on the eighth (8th) day following its execution (including execution by the Executive on or following the Separation Date) (the “Release Effective Date”). Upon revocation of this Agreement must be in writing and delivered Agreement, the Company will have no obligation to make payments of any kind hereunder, other than amounts due to the attention Executive as a matter of Xxxxx Xxxxx VP Human Resources law, and Operational Excellence, at Employer’s office in Irvine, California prior to the expiration of the revocation period. Delivery of the revocation should this Agreement will be via facsimile to (000) 000-0000 with a hard copy to follow via first class mailvoid ab initio.

Appears in 1 contract

Samples: Separation and Transition Agreement (Us Concrete Inc)

Waiver of Rights Under the Age Discrimination in Employment Act. Employee specifically understands and acknowledges that the Age Discrimination in Employment Act of 1967, as amended (the "ADEA"), provides Employee the right to bring a claim against Employer if Employee believes that Employee has been discriminated against on the basis of age. Employer specifically denies any such discrimination. Employee understands the rights afforded to Employee under the ADEA and agrees that Employee will not file any claim or action against Employer or any of the entities released in Section 6.0 5.0 affiliated with Employer based on any alleged violations of the ADEA. 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 fees, damages, reinstatement or injunctive relief. Notwithstanding the foregoing, Employee does not waive any ADEA claim which may arise after this Agreement is executed. Employee also understands and acknowledges that the ADEA requires Employer to provide Employee with at least twenty-one (21) calendar days to consider this Agreement ("Consideration Period") prior to its execution. Employee acknowledges that Employee was provided with the required Consideration Period and hereby knowingly and voluntarily, after the opportunity to consult with an attorney, either has used the Consideration Period or waives the remainder of the Consideration Period by executing the Waiver of Consideration Period attached as Exhibit A. Employee understands that Employee is entitled to revoke this Agreement at any time during the seven (7) days following Employee’s 's execution of this Agreement. Employee also understands that any revocation of this Agreement must be in writing and delivered to the attention of Xxxxx Xxxxx Xxxxx, VP Human Resources and Operational Excellence, Excellence at Employer’s 's office in Irvine, California 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: Severance and Release Agreement (Hines Horticulture Inc)

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Waiver of Rights Under the Age Discrimination in Employment Act. Employee specifically Executive understands and acknowledges that the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), provides Employee Executive the right to bring a claim against Employer if Employee Executive believes that Employee he has been discriminated against on the basis of age. Employer specifically denies any such discrimination. Employee Executive understands the rights afforded to Employee him under the ADEA and agrees that Employee he will not file any claim or action against Employer or any of the entities released in Section 6.0 affiliated with Employer Released Parties based on any alleged violations of the ADEA. Employee 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. Notwithstanding the foregoing, Employee does not waive any ADEA claim which may arise after this Agreement is executed. Employee Executive also understands and acknowledges that the ADEA requires Employer to provide Employee Executive with at least twenty-one (21) calendar days to consider this Agreement (“Consideration Period”) prior to its execution. Employee Executive acknowledges that Employee he was provided with the required Consideration Period and hereby knowingly and voluntarily, after the opportunity to consult with an attorney, either has used the Consideration Period or or, alternatively, that he elected to sign the Agreement within the Consideration Period and waives the remainder of the Consideration Period by executing the Waiver of Consideration Period attached as Exhibit A. Employee Period. Executive also understands that Employee Executive is entitled to revoke this Agreement at any time during the seven (7) days following EmployeeExecutive’s execution of this AgreementAgreement (“Revocation Period”). Employee Executive also understands that any revocation of this Agreement must be in writing and delivered to the attention of Xxxxx Xxxxx VP Human Resources and Operational ExcellenceX. Xxx, Chief Executive Officer, at Employer’s office in Irvineheadquarters located at 0000 Xxxxx Xxxxxxxxx Xxxxx, California 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: Transition Agreement (Central Valley Community Bancorp)

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