Benefit Protection Act. This Agreement is intended to satisfy the requirements of the Older Workers’ Benefit Protection Act, 29 U.S.C. sec. 626(f). The following general provisions, along with the other provisions of this Agreement, are agreed to for this purpose:
Benefit Protection Act. The Company is not required to ------------------------------------ provide the Employee with any demographic information required by the Older Workers Benefit Protection Act of 1990, due to the individual nature of this termination. [To confirm based upon future facts and law.]
Benefit Protection Act. Without limiting the scope of the foregoing release of Claims in any way, Executive certifies that this release constitutes a knowing and voluntary waiver of any and all rights or claims that exist or that Executive has or may claim to have under ADEA and that he or she is hereby advised of his or her rights under the Older Workers Benefit Protection Act. This release does not govern any rights or claims that might arise under the ADEA after the date this Agreement is signed by the parties. Executive acknowledges that:
Benefit Protection Act. I understand and have been advised that the above release of my Claims is subject to the terms of the Older Workers Benefit Protection Act (“OWBPA”). The OWBPA provides that an individual cannot waive a right or claim under the Age Discrimination in Employment Act (“ADEA”) unless the waiver is knowing and voluntary. I have been advised of this law, and I agree that I am signing this Release voluntarily, and with full knowledge of its consequences. I understand that the Employer is giving me twenty-one (21) days from the date I received a copy of this Release to decide whether I want to sign it. I acknowledge that I have been advised to use this time to consult with an attorney about the effect of this Release. If I sign this Release before the end of the twenty-one (21) day period it will be my personal, voluntary decision to do so, and will be done with full knowledge of my legal rights.
Benefit Protection Act. This Agreement is intended to satisfy the requirements of the Older Workers’ Benefit Protection Act, 29 U.S.C. sec. 626(f). Employee is advised to consult with an attorney before executing this Agreement.
Benefit Protection Act. Executive has 45 days to consider the terms of this Release, the Severance Agreement, and if not already executed, the Arbitration Agreement. The Severance Agreement shall be null and void if Executive does not execute and return this Release (and the Severance Agreement and Arbitration Agreement) by the end of the 45th calendar day following the date Executive received a copy of this Release, which date is listed in Paragraph 1, and in no event shall Executive return such Release prior to Executive's Termination Date. Executive agrees that changes made to this Release (or the Severance Agreement or Arbitration Agreement) at Executive's request do not restart the 45-day period which Executive has to review this Release;
Benefit Protection Act. This Agreement is intended to satisfy the requirements of the Older Workers’ Benefit Protection Act, 29 U.S.C. sec. 626(f). Employee, by this Agreement, is advised to consult with an attorney before executing this Agreement. Acknowledgments/Time to Consider. Employee acknowledges and agrees that (a) Employee has read and understands the terms of this Agreement; (b) Employee has obtained and considered such legal counsel as Employee deems necessary; (c) Employee has been given twenty-one (21) days to consider whether or not to enter into this Agreement (although Employee may elect not to use the full 21-day period at Employee’s option); and (d) by signing this Agreement, Employee acknowledges that Employee does so freely, knowingly, and voluntarily.
Benefit Protection Act. In accordance with the Age, Discrimination in Employment Act and Older Workers' Benefit Protection Act (collectively, the "Act”, I acknowledge that (1) I have been, and hereby am, advised in writing to consult with an attorney prior to executing this Agreement; (2) I am aware of certain rights to which I may be entitled under the Act; (3) as consideration for executing this Agreement, I will receive additional benefits and compensation of value to which I would otherwise not be entitled, and (4) by signing this Agreement, I do not waive rights or claims under the Act which may arise after the execution of this Agreement; (5) I have been given a period of at least 21 days from to consider this offer; (6) in the event I have not executed this Agreement on or before , the offer shall expire; (7) in the event I sign the Agreement prior to 21 days, I do so voluntarily; (8) any changes to the terms of the Agreement, Whether material or immaterial shall not re-start the 21 day consideration period; (9) I have a period of seven days from the date of execution in which to revoke this Agreement by written notice to General Counsel, Schoo1 District in the event I do not exercise my right to revoke this Agreement, the agreement shall become effective on the date immediately following the seven-day waiting period described above. I have read this release carefully, acknowledge that I have been given at least 21 days to consider all of its terms, and have been advised to consult with an attorney and any other advisors of my choice prior to executing this Release, and I fully understand that by signing below I am voluntarily giving up any right which I may have to xxx or bring other claims against the Released Parties. Finally, I have not been forced or pressured in any manner whatsoever to sign this Release, and I agree to all of its terms voluntarily. This Release is final and binding and may not be changed or modified except in a writing signed by an authorized representative of the District.
Benefit Protection Act. NOTICE TO EMPLOYEES As a result of the Company’s decision to adopt a new organizational structure, the Company has determined that it is necessary to reduce the size of the executive management team. In selecting employees in senior management for termination and eligibility for this severance program, the Company reviewed its changing business model and its future business needs. In connection with the severance program, you are being provided with information as to: (i) any class, unit or group of individuals terminated and covered by such program, any eligibility factors for such termination and, therefore, eligibility for such program, and any time limits applicable to such program; and (ii) the job title and ages of all individuals terminated and, therefore eligible or selected for the program, and the ages of all individuals in the same job classification or organizational unit who are not terminated and, therefore are not eligible or selected for the program. The Company determined that all employees in the classes, units or departments in the chart below would be eligible for the severance program. All persons who are being terminated in this reduction in force have been selected for the program and their job titles and ages have been indicated in the chart below. The job titles and ages of individuals who were not selected for the program are also indicated in the chart. Selected employees age forty or over shall have at least 45 days to consider the Company’s severance offer and may revoke their agreement to participate in the program within seven (7) days of their execution of an agreement. Selected employees under age forty shall have at least seven (7) days to consider the Company’s severance offer and do not have a right of revocation. Class/Unit/Department Job Title and Ages of Employees Selected Job Title and Ages of Employees Not Selected Corporate Technical Operations VP - Architecture & Production Support (37) VP - Client Services (35) VP Operations & Production Support (59) VP - R & D (46) EVP, Chief Technology Officer (57) Business Development VP-Sales & Marketing (47)* Chief Sales Officer (39) Domestic Sales VP - Domestic Sales (43) Product Management VP - Product Development and Marketing (40) International Sales VP - International Sales 43) Solutions Consulting VP-Professional Services (38) Executive / Strategic Management Chief Operating Officer (53)* Chief Operating Officer (36) Chairman of the Board (52) VP Technology Ventures (6...
Benefit Protection Act. Except as specifically stated herein and except as provided in the Scotts' Retirement Savings Plan and the Scotts' Executive Retirement Plan, you agree that you have no claim for and will not be entitled to any other benefits, bonus, compensation, perquisites, sick pay allowance or any kind of other remuneration arising out of your employment or the termination of employment on October 31, 2000. You agree to keep the terms of this Agreement confidential and not to disclose any information concerning these matters to anyone (excluding your spouse and any attorney or financial advisor you may retain), including but not limited to past, present or future employees of Scotts or its affiliates. You also agree not to disparage or speak negatively about Scotts or any of its employees, directors or officers after termination of your employment. You agree to indemnify Releasees from any loss or costs arising from any breach by you of this Agreement. Scotts agrees that you are entitled to rely on the indemnification provisions of its Code of Regulations and any applicable insurance coverage in connection with your actions as an employee and officer of Scotts or as an employee, officer or director of any of its subsidiaries or affiliates. In addition, Scotts agrees that it will not disparage or speak negatively about you after the termination of your employment. You will have until November 8, 2000 to consider this offer. If you accept, you will have seven (7) calendar days from the date of acceptance to revoke this Agreement. This Agreement will not be effective until the expiration of such seven (7) day period. If you do not sign this Agreement, you will be paid through October 31, 2000 and all benefits will cease as of your last day worked. This Agreement contains the release of important legal rights. You should consult with an attorney before executing it. This Agreement will be construed in accordance with the substantive laws of the State of Ohio. The rights and duties of the parties shall not be assignable. The Agreement may not be amended except in writing signed by the party against whom an obligation is to be enforced. You acknowledge that no representations, other than those contained herein, have been made as an inducement for you to accept the terms of this Agreement. Intending to be legally bound hereby, we have executed this Agreement this 6TH day of NOVEMBER, 2000. THE SCOTTS COMPANY By: /S/ CHARXXX X. XXXXXX (XY GRL) --------------------------------...
