Common use of ADEA Release Clause in Contracts

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you hereby completely and forever release and irrevocably discharge each of the Releasees, of and from any and all liabilities, claims, actions, demands, and/or causes of action, arising under the ADEA on or before the date of this Release (the “ADEA Release”), and hereby acknowledge and agree that: the Agreement and this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement and this Release, including the ADEA Release, is worded in a manner that you fully understand; you specifically waive any rights or claims under the ADEA; you knowingly and voluntarily agree to all of the terms set forth in the Agreement and this Release, including this ADEA Release; you acknowledge and understand that any claims under the ADEA that may arise after the date of this Release are not waived; the rights and claims waived in this Release and this ADEA Release are in exchange for consideration over and above anything to which you were already undisputedly entitled; you have been and hereby are advised in writing to consult with an attorney prior to executing the Agreement, this Release and the ADEA Release; you understand that you have been given a period of up to twenty-one (21) days to consider the ADEA Release prior to executing it; and you understand that you have been given a period of seven (7) days from the date of the execution of the ADEA Release to revoke the ADEA Release, and understand and acknowledge that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect to revoke this ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee within seven (7) days from the date of the execution of the Release.

Appears in 4 contracts

Samples: Employment Agreement (Crossroads Systems Inc), Employment Agreement (Crossroads Systems Inc), Employment Agreement (QSAM Biosciences, Inc.)

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ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you hereby completely and forever release and irrevocably discharge each of the Releasees, of and from any and all liabilities, claims, actions, demands, and/or causes of action, arising under the ADEA on or before the date of Employee has carefully read this Release (the “ADEA Release”), and hereby acknowledge and agree that: the Agreement and this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement and this Release, including the ADEA Release, finds that it is worded written in a manner that you fully understand; you specifically waive Employee understands. Employee acknowledges that he or she is knowingly and voluntarily waiving and releasing any rights he or she may have under the Age Discrimination in Employment Act (“ADEA”). Employee also acknowledges that the consideration given for this Release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he or she has been and is advised by this writing and understands that (a) this Release does not apply to any rights or claims under the ADEA; you knowingly and voluntarily agree to all of the terms set forth in the Agreement and this Release, including this ADEA Release; you acknowledge and understand that any claims under the ADEA that may arise after the execution date of this Release are not waivedRelease; the rights and claims waived in this Release and this ADEA Release are in exchange for consideration over and above anything to which you were already undisputedly entitled; you have been and hereby are advised in writing to (b) Employee should consult with an attorney prior to before executing the Agreement, this Release and the ADEA Release; you understand that you have been given a period of up to twenty-one (21c) Employee has 45 days to consider the ADEA this Release prior (although Employee may choose to executing it; voluntarily execute this Release earlier and you understand that you have been given a to waive such period of consideration); (d) Employee was informed through Exhibit A to this Release of the job titles and ages of individuals selected and not selected to participate in the Separation Program; (e) Employee has seven (7) days from the date of following the execution of the ADEA this Release to revoke the ADEA Release, ; and understand and acknowledge that the ADEA (f) this Release will not become be effective or enforceable until the date upon which the revocation period has expired, which will be the eighth day after this Release is executed by Employee. If you elect to To revoke this ADEA Release, revocation Employee must be in writing and presented deliver a notice revoking Employee's acceptance to the Board of Directors undersigned person at Flow. Nothing in this Release prevents or their designee within seven (7) days precludes Employee from the date challenging or seeking a determination in good faith of the execution validity of this waiver under the ReleaseADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law.

Appears in 3 contracts

Samples: Change in Control Agreement (Flow International Corp), Change in Control Agreement (Flow International Corp), Change in Control Agreement (Flow International Corp)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you The Employee hereby completely and forever release releases and irrevocably discharge each of discharges the ReleaseesReleased Parties, of and from any and all liabilities, claims, actions, demands, and/or causes of action, Claims arising under the ADEA Age Discrimination in Employment Act (“ADEA”) on or before the date of the Employee signs this Release Agreement (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: the Agreement and (i) this ReleaseRelease Agreement, including this the ADEA Release, was negotiated at arms’ arm’s length; the Agreement and (ii) this ReleaseRelease Agreement, including the ADEA Release, is worded in a manner that you the Employee fully understandunderstands; you (iii) the Employee specifically waive waives any rights or claims under the ADEA; you (iv) the Employee knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this ReleaseRelease Agreement, including this the ADEA Release; you acknowledge (v) the Employee acknowledges and understand understands that any claims Claims under the ADEA that may arise after the date of this Release Agreement are not waived; (vi) the rights and claims waived in this Release and this Agreement, including the ADEA Release Release, are in exchange for consideration over and above anything to which you were the Employee was already undisputedly entitled; you have (vii) the Employee has been and hereby are is advised in writing to consult with an attorney prior to executing the Release Agreement, this Release and including the ADEA Release; you understand (viii) the Employee acknowledges that you have he has been given a period of up to twenty-one (21) days from receipt of this Release Agreement to consider the ADEA Release prior to executing itit and acknowledges and agrees that any change in the terms of this Release Agreement, whether material or immaterial, after the date that the Employee first receives this Release Agreement shall not affect or restart such twenty-one (21) day consideration period; and you understand (ix) the Employee understands that you have he has been given a period of seven (7) days from the date of the execution of the ADEA this Release Agreement to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect the Employee elects to revoke this ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee [Name], [Title], Compressco Partners GP Inc., 000 Xxxx Xxxxxx, Xxxxx 0000, Xxxxxxxx Xxxx, Xxxxxxxx 00000, within seven (7) days from the date of the execution of the ReleaseRelease Agreement.

Appears in 3 contracts

Samples: Employment Agreement (CSI Compressco LP), Employment Agreement (Compressco Partners, L.P.), Employment Agreement (CSI Compressco LP)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you Executive hereby completely and forever release releases and irrevocably discharge each of discharges the ReleaseesReleased Parties, of and from any and all liabilities, claims, actions, demands, and/or causes of action, Claims arising under the ADEA Age Discrimination in Employment Act (“ADEA”) on or before the date of Executive signs this Release Agreement (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: the Agreement and (i) this ReleaseRelease Agreement, including this the ADEA Release, was negotiated at arms’ arm’s length; the Agreement and (ii) this ReleaseRelease Agreement, including the ADEA Release, is worded in a manner that you Executive fully understandunderstands; you (iii) Executive specifically waive waives any rights or claims under the ADEA; you (iv) Executive knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this ReleaseRelease Agreement, including this the ADEA Release; you acknowledge (v) Executive acknowledges and understand understands that any claims Claims under the ADEA that may arise after the date of this Release Agreement are not waived; (vi) the rights and claims waived in this Release and this Agreement, including the ADEA Release Release, are in exchange for consideration over and above anything to which you were Executive was already undisputedly entitled; you have (vii) Executive has been and hereby are is advised in writing to consult with an attorney prior to executing the Release Agreement, this Release and including the ADEA Release; you understand (viii) Executive acknowledges that you have he has been given a period of up to twenty-one (21) days from receipt of this Release Agreement to consider the ADEA Release prior to executing itit and acknowledges and agrees that any discussions between Executive and the Company concerning the terms of this Release Agreement and/or any change in the terms of this Release Agreement after the date that Executive first receives this Release Agreement shall not affect or restart such twenty-one (21) day consideration period; and you understand (ix) Executive understands that you have he has been given a period of seven (7) days from the date of the execution of the ADEA this Release Agreement to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect Executive elects to revoke this ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee __________________, __________________, Compressco Partners GP Inc., 00000 Xxxxxxxxxx 00 Xxxxx, Xxx Xxxxxxxxx, Xxxxx 00000, within seven (7) days from the date of the execution of the ReleaseRelease Agreement.

Appears in 2 contracts

Samples: Change of Control Agreement (Compressco Partners, L.P.), Change of Control Agreement (Compressco Partners, L.P.)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you Executive hereby completely and forever release releases and irrevocably discharge each of discharges the ReleaseesReleased Parties, of and from any and all liabilities, claims, actions, demands, and/or causes of action, Claims arising under the ADEA Age Discrimination in Employment Act (“ADEA”) on or before the date of Executive signs this Release Agreement (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: the Agreement and (i) this ReleaseRelease Agreement, including this the ADEA Release, was negotiated at arms’ arm’s length; the Agreement and (ii) this ReleaseRelease Agreement, including the ADEA Release, is worded in a manner that you Executive fully understandunderstands; you (iii) Executive specifically waive waives any rights or claims under the ADEA; you (iv) Executive knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this ReleaseRelease Agreement, including this the ADEA Release; you acknowledge (v) Executive acknowledges and understand understands that any claims Claims under the ADEA that may arise after the date of this Release Agreement are not waived; (vi) the rights and claims waived in this Release and this Agreement, including the ADEA Release Release, are in exchange for consideration over and above anything to which you were Executive was already undisputedly entitled; you have (vii) Executive has been and hereby are is advised in writing to consult with an attorney prior to executing the Release Agreement, this Release and including the ADEA Release; you understand (viii) Executive acknowledges that you have he/she has been given a period of up to twenty-one (21) days from receipt of this Release Agreement to consider the ADEA Release prior to executing itit and acknowledges and agrees that any discussions between Executive and the Company concerning the terms of this Release Agreement and/or any change in the terms of this Release Agreement after the date that Executive first receives this Release Agreement shall not affect or restart such twenty-one (21) day consideration period; and you understand (ix) Executive understands that you have he/she has been given a period of seven (7) days from the date of the execution of the ADEA this Release Agreement to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect Executive elects to revoke this ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee __________________, __________________, TETRA Technologies, Inc., 00000 Xxxxxxxxxx 00 Xxxxx, Xxx Xxxxxxxxx, Xxxxx 00000, within seven (7) days from the date of the execution of the ReleaseRelease Agreement.

Appears in 2 contracts

Samples: Change of Control Agreement (Tetra Technologies Inc), Change of Control Agreement (Tetra Technologies Inc)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you hereby completely and forever release and irrevocably discharge each of the Releasees, of and from any and all liabilities, claims, actions, demands, and/or causes of action, arising under the ADEA on or before the date of this Release (the “ADEA Release”), and hereby acknowledge and agree that: the Agreement and this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement and this Release, including the ADEA Release, is worded in a manner that you fully understand; you specifically waive any rights or claims under the ADEA; you knowingly and voluntarily agree to all of the terms set forth in the Agreement and this Release, including this ADEA Release; you acknowledge and understand that any claims under the ADEA that may arise after the date of this Release are not waived; the rights and claims waived in this Release and this ADEA Release are in exchange for consideration over and above anything to which you were already undisputedly entitled; you have been and hereby are advised in writing The Company advises Executive to consult with an attorney prior to executing the signing this Agreement, this Release and the ADEA Release; you understand . Executive understands that you have been given a period of up to he has twenty-one (21) days to consider whether to sign this Agreement (the “Consideration Period”). Executive must return this signed Agreement to the Company within the Consideration Period. If Executive signs and returns this Agreement before the end of the Consideration Period, it is because he has freely chosen to do so after carefully considering its terms. As discussed above, you are releasing the Company from, among other things, any claim you might currently have against the Company and related parties that may have arisen under the Age Discrimination in Employment Act (“ADEA”) as amended by the Older Worker’s Benefit Protection Act of 1990 (“OWBPA”), but this Agreement does not cover any rights or claims that may arise under the ADEA Release prior to executing it; and you understand as amended by the OWBPA after the date of execution of this Agreement Executive further understands that you have been given a period of he has seven (7) days from following execution of this Agreement to validly revoke this Agreement. Such right of revocation constitutes a unilateral right afforded to Executive and the date Company shall have no such right of revocation. Any revocation within this period must be submitted, in writing, to UDR, Inc., c/o Xxxxxx X. Xxxxxx, Chairman and Chief Executive Officer, 0000 Xxxx Xxxxxx Drive, Suite 200, Highlands Ranch, CO 80129, by certified mail, return receipt requested, post-marked within seven (7) days of execution of this Agreement and state, "I hereby revoke my acceptance of the execution of the ADEA Release to revoke the ADEA Release, and understand and acknowledge that the ADEA Release will Agreement." This Agreement shall not become effective or enforceable until the revocation period has expiredexpired without revocation (the “Release Effective Date”). If you elect to revoke this ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee within seven (7) days from the date last day of the execution revocation period is a Saturday, Sunday, or legal holiday in Colorado, then the revocation period shall not expire until the next following day which is not a Saturday, Sunday, or legal holiday in Colorado. If it is not validly revoked, this Agreement will become irrevocable and enforceable on the eighth day after Executive signs this Agreement. Executive agrees with the Company that changes to this Agreement, whether material or immaterial, do not restart the running of the ReleaseConsideration Period.

Appears in 2 contracts

Samples: Release Agreement (UDR, Inc.), Release Agreement (United Dominion Realty L P)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you Employee hereby completely and forever release releases and irrevocably discharge each of discharges the Releasees, Released Parties of and from any and all liabilities, claims, actions, demands, and/or causes of action, Claims arising under the ADEA on or before the date of this Release (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: the Agreement and (i) this Release, including this ADEA Release, Release was negotiated at arms’ arm’s length; the Agreement and (ii) this Release, including the ADEA Release, Release is worded in a manner that you Employee fully understandunderstands; you (iii) Employee specifically waive waives any rights or claims under the ADEA; you (iv) Employee knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this Release, including this ADEA Release; you acknowledge (v) Employee acknowledges and understand understands that any claims Claims under the ADEA that may arise after the date of this Release are not waived; (vi) the rights and claims waived in this Release and this ADEA Release are in exchange for consideration over and above anything to which you were Employee was already undisputedly entitled; you have (vii) Employee has been and hereby are is advised in writing to consult with an attorney prior to executing the Agreement, this Release and the ADEA Release; you understand (viii) Employee acknowledges that you have he has been given a period of up to twenty-one (21) days to consider the release contained in this Paragraph 3 (the “ADEA Release Release”) prior to executing itit and acknowledges and agrees that any discussions between Employee and Employer concerning the terms of this Release and/or any change in the terms of this Release after the date that Employee first receives this Release shall not affect or restart such twenty-one (21) day consideration period; and you understand (ix) Employee understands that you have been given he has a period of seven (7) days from the date of the execution of the ADEA Release to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect Employee elects to revoke this his ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee Linden Price, Vice President-Administration, TETRA Technologies, Inc., 00000 Xxxxxxxxxx 00 Xxxxx, Xxx Xxxxxxxxx, Xxxxx 00000, within seven (7) days from the date of the execution of the Release.

Appears in 1 contract

Samples: Separation and Release Agreement (Tetra Technologies Inc)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you Executive hereby completely and forever release releases and irrevocably discharge each of discharges the ReleaseesReleased Parties, of and from any and all liabilities, claims, actions, demands, and/or causes of action, Claims arising under the ADEA Age Discrimination in Employment Act (“ADEA”) on or before the date of Executive signs this Release Agreement (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: the Agreement and (i) this ReleaseRelease Agreement, including this the ADEA Release, was negotiated at arms’ arm’s length; the Agreement and (ii) this ReleaseRelease Agreement, including the ADEA Release, is worded in a manner that you Executive fully understandunderstands; you (iii) Executive specifically waive waives any rights or claims under the ADEA; you (iv) Executive knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this ReleaseRelease Agreement, including this the ADEA Release; you acknowledge (v) Executive acknowledges and understand understands that any claims Claims under the ADEA that may arise after the date of this Release Agreement are not waived; (vi) the rights and claims waived in this Release and this Agreement, including the ADEA Release Release, are in exchange for consideration over and above anything to which you were Executive was already undisputedly entitled; you have (vii) Executive has been and hereby are is advised in writing to consult with an attorney prior to executing the Release Agreement, this Release and including the ADEA Release; you understand (viii) Executive acknowledges that you have he has been given a period of up to twenty-one (21) days from receipt of this Release Agreement to consider the ADEA Release prior to executing itit and acknowledges and agrees that any discussions between Executive and the Company concerning the terms of this Release Agreement and/or any change in the terms of this Release Agreement after the date that Executive first receives this Release Agreement shall not affect or restart such twenty-one (21) day consideration period; and you understand (ix) Executive understands that you have he has been given a period of seven (7) days from the date of the execution of the ADEA this Release Agreement to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect Executive elects to revoke this ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee __________________, __________________, CSI Compressco GP Inc., 20000 Xxxxxxxxxx 00 Xxxxx, Xxx Xxxxxxxxx, Xxxxx 00000, within seven (7) days from the date of the execution of the ReleaseRelease Agreement.

Appears in 1 contract

Samples: Change of Control Agreement (CSI Compressco LP)

ADEA Release. For In further consideration of the good payments and valuable consideration benefits provided for to you under the this Agreement, the sufficiency of which is Releasors hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you hereby completely unconditionally release and forever release and irrevocably discharge each of the Releasees, of and Released Parties from any and all liabilities, claims, actions, demands, and/or causes Claims that the Releasors may have as of action, the date you sign this Agreement arising under the ADEA on or before the date Federal Age Discrimination in Employment Act of this Release (the “ADEA Release”)1967, as amended, and the applicable rules and regulations promulgated thereunder ("ADEA"). By signing this Agreement, you hereby acknowledge and agree thatconfirm the following: the Agreement and this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement and this Release, including the ADEA Release, is worded in a manner that you fully understand; you specifically waive any rights or claims under the ADEA; you knowingly and voluntarily agree to all of the terms set forth in the Agreement and this Release, including this ADEA Release; you acknowledge and understand that any claims under the ADEA that may arise after the date of this Release are not waived; the rights and claims waived in this Release and this ADEA Release are in exchange for consideration over and above anything to which (i) you were already undisputedly entitled; you have been and hereby are advised by the Company in writing connection with your termination to consult with an attorney of your choice prior to executing signing this Agreement and to have such attorney explain to you the terms of this Agreement, this Release and including, without limitation, the ADEA Releaseterms relating to your release of claims arising under ADEA; (ii) you understand that you have been were given a period of up to not fewer than twenty-one (21) days to consider the ADEA Release prior terms of this Agreement and to executing itconsult with an attorney of your choosing with respect thereto; (iii) you are providing the release and discharge set forth in this Section 7(b) only in exchange for consideration in addition to anything of value to which you are already entitled; and (iv) that you knowingly and voluntarily accept the terms of this Agreement. You further acknowledge that you understand that you have been given a during the Revocation Period (the seven-day period of seven (7) days from following the date on which you sign this Agreement) you may revoke the release contained in this Section 7(b), by delivering to the Company by hand or by mail a written notice of your revocation of the execution release and waiver contained in this Section 7(b) prior to the expiration of the ADEA Release to revoke the ADEA ReleaseRevocation Period. If delivered by mail, and understand and acknowledge that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect to revoke this ADEA Release, revocation must be in writing and presented be: (1) postmarked within the Revocation Period; (2) properly addressed to the Board of Directors or their designee within seven (7) days from Company at the date address on this letterhead, to the attention of the execution General Counsel; and (3) sent by certified mail return receipt requested. Such right of revocation right relates only to the Releaserelease set forth in this Section 7(b) does not act as a revocation of any other term of this Agreement.

Appears in 1 contract

Samples: Letter Agreement (Oneida LTD)

ADEA Release. For In further consideration of the good payments and valuable consideration benefits provided for to you under the this Agreement, the sufficiency of which is Releasors hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you hereby completely unconditionally release and forever release and irrevocably discharge each of the Releasees, of and Released Parties from any and all liabilities, claims, actions, demands, and/or causes Claims that the Releasors may have as of action, the date you sign this Agreement arising under the ADEA on or before the date Federal Age Discrimination in Employment Act of this Release (the “ADEA Release”)1967, as amended, and the applicable rules and regulations promulgated thereunder ("ADEA"). By signing this Agreement, you hereby acknowledge and agree thatconfirm the following: the Agreement and this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement and this Release, including the ADEA Release, is worded in a manner that you fully understand; you specifically waive any rights or claims under the ADEA; you knowingly and voluntarily agree to all of the terms set forth in the Agreement and this Release, including this ADEA Release; you acknowledge and understand that any claims under the ADEA that may arise after the date of this Release are not waived; the rights and claims waived in this Release and this ADEA Release are in exchange for consideration over and above anything to which (i) you were already undisputedly entitled; you have been and hereby are advised by the Company in writing connection with your termination to consult with an attorney of your choice prior to executing signing this Agreement and to have such attorney explain to you the terms of this Agreement, this Release and including, without limitation, the ADEA Releaseterms relating to your release of claims arising under ADEA; (ii) you understand that you have been were given a period of up to not fewer than twenty-one (21) days to consider the ADEA Release prior terms of this Agreement and to executing itconsult with an attorney of your choosing with respect thereto; (iii) you are providing the release and discharge set forth in this Section 5(b) only in exchange for consideration in addition to anything of value to which you are already entitled; and (iv) that you knowingly and voluntarily accept the terms of this Agreement. You further acknowledge that you understand that you have been given a during the Revocation Period (the seven-day period of seven (7) days from following the date on which you sign this Agreement) you may revoke the release contained in this Section 5(b), by delivering to the Company by hand or by mail a written notice of your revocation of the execution release and waiver contained in this Section 5(b) prior to the expiration of the ADEA Release to revoke the ADEA ReleaseRevocation Period. If delivered by mail, and understand and acknowledge that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect to revoke this ADEA Release, revocation must be in writing and presented be: (1) postmarked within the Revocation Period; (2) properly addressed to the Board of Directors or their designee within seven (7) days from Company at the date address on this letterhead, to the attention of the execution General Counsel; and (3) sent by certified mail return receipt requested. Such right of revocation right relates only to the Releaserelease set forth in this Section 5(b) does not act as a revocation of any other term of this Agreement.

Appears in 1 contract

Samples: Letter Agreement (Oneida LTD)

ADEA Release. For the good I acknowledge that I am knowingly and valuable consideration provided for voluntarily waiving and releasing any rights I have under the Agreement, the sufficiency of which is hereby acknowledgedADEA, and that the consideration given for the waiver and releases I have given in this Release is in addition to anything of value to which you I was already entitled. I further acknowledge you are not otherwise entitledthat I have been advised, and other valuable considerationas required by the ADEA, the sufficiency of which is hereby acknowledged, you hereby completely and forever release and irrevocably discharge each of the Releasees, of and from any and all liabilities, claims, actions, demands, and/or causes of action, arising under the ADEA on or before the date of this Release (the “ADEA Release”), and hereby acknowledge and agree that: the Agreement (a) my waiver and this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement and this Release, including the ADEA Release, is worded in a manner that you fully understand; you specifically waive release does not apply to any rights or claims under the ADEA; you knowingly and voluntarily agree to all of the terms set forth in the Agreement and this Release, including this ADEA Release; you acknowledge and understand that any claims under the ADEA that may arise after the date of I sign this Release are not waivedRelease; the rights and claims waived in this Release and this ADEA Release are in exchange for consideration over and above anything to which you were already undisputedly entitled; you have been and hereby are advised in writing to (b) I should consult with an attorney prior to executing the Agreement, signing this Release and the ADEA Release(although I may choose voluntarily not to do so); you understand that you (c) I have been given a period of up to twenty-one (21) days to consider the ADEA this Release prior (although I may choose voluntarily to executing itsign it sooner); and you understand that you (d) I have been given a period of seven (7) days from following the date of the execution of the ADEA I sign this Release to revoke this Release (in a written revocation sent to the ADEA Release, Company); and understand and acknowledge that the ADEA (e) this Release will not become be effective or enforceable until the date upon which the revocation period has expired, which will be the eighth day after I sign this Release provided that I do not revoke it (the “Effective Date”). If you elect In giving the release herein, which includes claims which may be unknown to revoke me at present, I acknowledge that I have read and understand Section 1542 of the California Civil Code, which reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” I hereby expressly waive and relinquish all rights and benefits under that section and any law of any other jurisdiction of similar effect with respect to my release of claims herein, including but not limited to my release of unknown claims. I understand that nothing in this ADEA ReleaseRelease limits my ability to file a charge or complaint with the Equal Employment Opportunity Commission, revocation must the Department of Labor, the National Labor Relations Board, the Occupational Safety and Health Administration, the Texas Workforce Commission, the Securities and Exchange Commission or any other federal, state or local governmental agency or commission (“Government Agencies”). I further understand this Release does not limit my ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be in writing and presented conducted by any Government Agency, including providing documents or other information, without notice to the Board of Directors or their designee within seven (7) days from Company. While this Release does not limit my right to receive an award for information provided to the date of the execution of the Securities and Exchange Commission, I understand and agree that, to maximum extent permitted by law, I am otherwise waiving any and all rights I may have to individual relief based on any claims that I have released and any rights I have waived by signing this Release.. ​

Appears in 1 contract

Samples: Reneo Pharmaceuticals, Inc.

ADEA Release. For the good You understand and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge that you are not otherwise entitled, waiving and other valuable consideration, the sufficiency of which is hereby acknowledged, releasing any rights you hereby completely and forever release and irrevocably discharge each of the Releasees, of and from any and all liabilities, claims, actions, demands, and/or causes of action, arising may have under the ADEA on or before the date of and that this Release (the “ADEA Release”), waiver and hereby acknowledge release is knowing and voluntary. You understand and agree that: the Agreement that this waiver and this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement and this Release, including the ADEA Release, is worded in a manner that you fully understand; you specifically waive release does not apply to any rights or claims under the ADEA; you knowingly and voluntarily agree to all of the terms set forth in the Agreement and this Release, including this ADEA Release; you acknowledge and understand that any claims may arise under the ADEA that may arise after the date Effective Date of this Release are not waived; Agreement. You understand and acknowledge that the rights consideration given for this waiver and claims waived release is in this Release and this ADEA Release are in exchange for consideration over and above addition to anything of value to which you were already undisputedly entitled; . You further understand and acknowledge that you have been and hereby are advised in by this writing to that: (a) you should consult with an attorney prior to executing this Agreement; (b) you have forty-five (45) days within which to consider this Agreement; (c) you been advised in writing by the AgreementCompany of the class, this Release unit, or group of individuals covered by the reduction in force, the eligibility factors for the reduction in force, and the ADEA Releasejob titles and ages of all individuals who were and were not selected, as set forth in Exhibits A, B, and C herein; you understand that (d) you have been given a period of up to twenty-one (21) days to consider the ADEA Release prior to executing it; and you understand that you have been given a period of seven (7) days from the date of the following your execution of the ADEA Release this Agreement to revoke the ADEA Release, and understand and acknowledge that the ADEA Release will this Agreement; (e) this Agreement shall not become be effective or enforceable until after the revocation period has expired; and (f) nothing in this Agreement prevents or precludes you 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. If In the event you elect sign this Agreement and returns it to revoke the Company in less than the 45-day period identified above, you hereby acknowledge that you have freely and voluntarily chosen to waive the time period allotted for considering this ADEA Release, Agreement. You acknowledge and understand that revocation must be in writing and presented accomplished by a written notification to the Board undersigned Company representative that is received by you prior to the Effective Date. The parties agree that changes to this Agreement, whether material or immaterial, do not restart the running of Directors or their designee the 45-day consideration period referenced above. You understand that this Agreement shall be null and void if not executed by you within forty-five (45) days. Each party has seven (7) days from after that party signs this Agreement to revoke it. This Agreement will become effective on the eighth (8th) day after you signed this Agreement, so long as it has been signed by the parties and has not been revoked by either party before that date of (the execution of the Release“Effective Date”).

Appears in 1 contract

Samples: Scynexis Inc

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you Employee hereby completely and forever release releases and irrevocably discharge each of the Releaseesdischarges Employer, its predecessors, successors, subsidiaries, affiliates, officers, directors, employees, agents, attorneys and representatives, of and from any and all liabilities, claims, actions, demands, and/or causes of action, arising under the ADEA on or before the date of this Release (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: the Agreement and this Release, including this the ADEA Release, was negotiated at arms’ arms length; the Agreement and this Release, including the ADEA Release, is worded in a manner that you Employee fully understandunderstands; you Employee specifically waive waives any rights or claims under the ADEA; you Employee knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this Release, including this the ADEA Release; you acknowledge Employee acknowledges and understand understands that any claims under the ADEA that may arise after the date of this Release are not waived; the rights and claims waived in this Release and this Release, including the ADEA Release Release, are in exchange for consideration over and above anything to which you were Employee was already undisputedly entitled; you have Employee has been and hereby are is advised in writing to consult with an attorney prior to executing the AgreementRelease, this Release and including the ADEA Release; you understand Employee understands that you have he/she has been given a period of up to twentyforty-one five days (2145) days to consider the ADEA Release prior to executing it; and you understand Employee understands that you have he/she has been given a period of seven (7) days from the date of the execution of the ADEA Release to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect Employee elects to revoke this ADEA Releasehis/her release of age discrimination claims, revocation must be in writing and presented to the Board of Directors or their designee Xxxxx Xxxxxxx, Human Resources Manager, CSI Compressco, X.X. Xxx 00000, Xxxxxxx Xxxxx 00000, within seven (7) days from the date of the execution of the Release. Employee acknowledges that he/she received this Release on or before December 4, 2015 and agrees that any discussions between Employee and Employer concerning the terms of this Release and/or any change in the terms of this Release after December 4, 2015 shall not affect or restart the above-referenced forty-five (45) day consideration period. Employee further acknowledges that this Release is offered in connection with an employment termination program affecting more than one employee of the Employer. Attached hereto as Exhibit A is a description of the employment termination program. Employee acknowledges receipt of information about the ages of the employees within the decisional unit.

Appears in 1 contract

Samples: Separation and Release Agreement (CSI Compressco LP)

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ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you Employee hereby completely and forever release releases and irrevocably discharge each of discharges the ReleaseesReleased Parties, of and from any and all liabilities, claims, actions, demands, and/or causes of action, Claims arising under the ADEA Age Discrimination in Employment Act (“ADEA”) on or before the date of Employee signs this Release (the “ADEA Release”)Agreement, and hereby acknowledge acknowledges and agree agrees that: the (i) this Release Agreement and this Release, including this ADEA Release, was negotiated at arms’ arm’s length; the (ii) this Release Agreement and this Release, including the ADEA Release, is worded in a manner that you Employee fully understandunderstands; you (iii) Employee specifically waive waives any rights or claims under the ADEA; you (iv) Employee knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement Release Agreement; (v) Employee acknowledges and this Release, including this ADEA Release; you acknowledge and understand understands that any claims under the ADEA that may arise after the date of this Release Agreement are not waived; (vi) the rights and claims waived in this Release and this ADEA Release Agreement are in exchange for consideration over and above anything to which you were Employee was already undisputedly entitled; you have (vii) Employee has been and hereby are is advised in writing to consult with an attorney prior to executing the Release Agreement, ; (viii) Employee acknowledges that he received this Release Agreement on ________________, 2012, and the ADEA Release; you understand Employee understands that you have he has been given a period of up to twenty-one (21) days from receipt of this Release Agreement to consider the release contained in this Paragraph 4 (the “ADEA Release Release”) prior to executing it; (ix) Employee acknowledges and you understand agrees that you have any discussions between Employee and Employer concerning the terms of this Release Agreement and any change in the terms of this Release Agreement shall not affect or restart such twenty-one (21) day consideration period; and (x) Employee understands that he has been given a period of seven (7) days from the date of the execution of the ADEA this Release Agreement to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect Employee elects to revoke this ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee Rxxxxx X. Xxxxxx, President, Compressco Partners GP, Inc., 100 Xxxx Xxxxxx, Xxxxx 0000, Xxxxxxxx Xxxx, XX 00000, within seven (7) days from the date of the execution of the ReleaseRelease Agreement.

Appears in 1 contract

Samples: Release Agreement (Compressco Partners, L.P.)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you Employee hereby completely and forever release releases and irrevocably discharge each of discharges the Releasees, of and Released Parties from any and all liabilities, claims, actions, demands, and/or causes of action, Claims arising under the ADEA Age Discrimination in Employment Act (“ADEA”) on or before the date of Employee signs this Release Agreement, and hereby acknowledges and agrees that: (i) this Release Agreement was negotiated at arm’s length; (ii) this Release Agreement, including this release of ADEA claims (the “ADEA Release”), and hereby acknowledge and agree that: the Agreement and this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement and this Release, including the ADEA Release, is worded in a manner that you Employee fully understandunderstands; you (iii) Employee specifically waive waives any rights or claims under the ADEA; you (iv) Employee knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this ReleaseRelease Agreement, including this ADEA Release; you acknowledge (v) Employee acknowledges and understand understands that any claims under the ADEA that may arise after the date of this Release Agreement are not waived; (vi) the rights and claims waived in this Release and Agreement, including this ADEA Release Release, are in exchange for consideration over and above anything to which you were Employee was already undisputedly entitled; you have (vii) Employee has been and hereby are is advised in writing to consult with an attorney prior to executing the Agreement, this Release and the ADEA ReleaseAgreement; you understand (viii) Employee acknowledges that you have he has been given a period of up to twentyforty-one five (2145) days from receipt of this Release Agreement to consider the this ADEA Release prior to executing it, although he may accept it any time within such forty-five (45) days, and acknowledges and agrees that any discussions between Employee and the Company and/or TETRA concerning the terms of this Release Agreement, including this ADEA Release, and/or any change in the terms of this Release Agreement, including this ADEA Release, after the date that Employee first receives this Release Agreement shall not affect or restart such forty-five (45) day consideration period; and you understand (ix) Employee understands that you have been given he has a period of seven (7) days from the date of the execution of the ADEA this Release Agreement to revoke the this ADEA Release, and understand understands and acknowledge acknowledges that the this ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect Employee elects to revoke this ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee Xxxxx Xxxxxxxx, Director, Global Human Resources, TETRA Technologies, Inc., 00000 Xxxxxxxxxx 00 Xxxxx, Xxx Xxxxxxxxx, Xxxxx 00000, within seven (7) days from the date of the execution of this Agreement. Attached hereto as Exhibit 1 is a description of the Releaseemployment termination program and information about the ages of the employees within the decisional unit which will implement the described employment termination program.

Appears in 1 contract

Samples: Separation and Release Agreement (Tetra Technologies Inc)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you Executive hereby completely and forever release releases and irrevocably discharge each of discharges the ReleaseesReleased Parties, of and from any and all liabilities, claims, actions, demands, and/or causes of action, Claims arising under the ADEA Age Discrimination in Employment Act (“ADEA”) on or before the date of Executive signs this Release Agreement (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: the Agreement and (i) this ReleaseRelease Agreement, including this the ADEA Release, was negotiated at arms’ arm’s length; the Agreement and (ii) this ReleaseRelease Agreement, including the ADEA Release, is worded in a manner that you Executive fully understandunderstands; you (iii) Executive specifically waive waives any rights or claims under the ADEA; you (iv) Executive knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this ReleaseRelease Agreement, including this the ADEA Release; you acknowledge (v) Executive acknowledges and understand understands that any claims Claims under the ADEA that may arise after the date of this Release Agreement are not waived; (vi) the rights and claims waived in this Release and this Agreement, including the ADEA Release Release, are in exchange for consideration over and above anything to which you were Executive was already undisputedly entitled; you have (vii) Executive has been and hereby are is advised in writing to consult with an attorney prior to executing the Release Agreement, this Release and including the ADEA Release; you understand (viii) Executive acknowledges that you have he has been given a period of up to twenty-one (21) days from receipt of this Release Agreement to consider the ADEA Release prior to executing itit and acknowledges and agrees that any discussions between Executive and the Company concerning the terms of this Release Agreement and/or any change in the terms of this Release Agreement after the date that Executive first receives this Release Agreement shall not affect or restart such twenty-one (21) day consideration period; and you understand (ix) Executive understands that you have he has been given a period of seven (7) days from the date of the execution of the ADEA this Release Agreement to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect Executive elects to revoke this ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee __________________, __________________, CSI Compressco GP Inc., 00000 Xxxxxxxxxx 00 Xxxxx, Xxx Xxxxxxxxx, Xxxxx 00000, within seven (7) days from the date of the execution of the ReleaseRelease Agreement.

Appears in 1 contract

Samples: Change of Control Agreement (CSI Compressco LP)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you Employee hereby completely and forever release releases and irrevocably discharge each of discharges the Releasees, of and Released Parties from any and all liabilities, claims, actions, demands, and/or causes of action, Claims arising under the ADEA on or before the date of this Release Agreement, and hereby acknowledges and agrees that: (i) this Agreement was negotiated at arm’s length; (ii) this Agreement, including this release of ADEA claims (the “ADEA Release”), and hereby acknowledge and agree that: the Agreement and this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement and this Release, including the ADEA Release, is worded in a manner that you Employee fully understandunderstands; you (iii) Employee specifically waive waives any rights or claims under the ADEA; you (iv) Employee knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this ReleaseAgreement, including this ADEA Release; you acknowledge (v) Employee acknowledges and understand understands that any claims Claims under the ADEA that may arise after the date of this Release Agreement are not waived; (vi) the rights and claims waived in this Release and Agreement, including this ADEA Release Release, are in exchange for consideration over and above anything to which you were Employee was already undisputedly entitled; you have (vii) Employee has been and hereby are is advised in writing to consult with an attorney prior to executing the this Agreement, this Release and the ADEA Release; you understand (viii) Employee acknowledges that you have he has been given a period of up to twentyforty-one five (2145) days to consider the this ADEA Release prior to executing it, although he may accept it at any time within such forty-five (45) days, and acknowledges and agrees that any discussions between Employee and the Company and/or TETRA concerning the terms of this Agreement, including this ADEA Release, and/or any change in the terms of this Agreement, including this ADEA Release, after the date that Employee first receives this Agreement shall not affect or restart such forty-five (45) day consideration period; and you understand (ix) Employee understands that you have been given he has a period of seven (7) days from the date of the execution of the ADEA Release this Agreement to revoke the this ADEA Release, and understand understands and acknowledge acknowledges that the this ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect Employee elects to revoke this ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee Xxxxx Xxxxxxxx, Director, Global Human Resources, TETRA Technologies, Inc., 00000 Xxxxxxxxxx 00 Xxxxx, Xxx Xxxxxxxxx, Xxxxx 00000, within seven (7) days from the date of the execution of this Agreement. Attached hereto as Exhibit B is a description of the Releaseemployment termination program and information about the ages of the employees within the decisional unit which will implement the described employment termination program.

Appears in 1 contract

Samples: Separation and Release Agreement (Tetra Technologies Inc)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you Executive hereby completely and forever release releases and irrevocably discharge each of discharges the ReleaseesReleased Parties, of and from any and all liabilities, claims, actions, demands, and/or causes of action, Claims arising under the ADEA Age Discrimination in Employment Act (“ADEA”) on or before the date of Executive signs this Release Agreement (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: the Agreement and (i) this ReleaseRelease Agreement, including this the ADEA Release, was negotiated at arms’ arm’s length; the Agreement and (ii) this ReleaseRelease Agreement, including the ADEA Release, is worded in a manner that you Executive fully understandunderstands; you (iii) Executive specifically waive waives any rights or claims under the ADEA; you (iv) Executive knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this ReleaseRelease Agreement, including this the ADEA Release; you acknowledge (v) Executive acknowledges and understand understands that any claims Claims under the ADEA that may arise after the date of this Release Agreement are not waived; (vi) the rights and claims waived in this Release and this Agreement, including the ADEA Release Release, are in exchange for consideration over and above anything to which you were Executive was already undisputedly entitled; you have (vii) Executive has been and hereby are is advised in writing to consult with an attorney prior to executing the Release Agreement, this Release and including the ADEA Release; you understand (viii) Executive acknowledges that you have he/she has been given a period of up to twenty-one (21) days from receipt of this Release Agreement to consider the ADEA Release prior to executing itit and acknowledges and agrees that any discussions between Executive and the Company concerning the terms of this Release Agreement and/or any change in the terms of this Release Agreement after the date that Executive first receives this Release Agreement shall not affect or restart such twenty-one (21) day consideration period; and you understand (ix) Executive understands that you have he/she has been given a period of seven (7) days from the date of the execution of the ADEA this Release Agreement to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect Executive elects to revoke this ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee __________________, __________________, TETRA Technologies, Inc., 20000 Xxxxxxxxxx 00 Xxxxx, Xxx Xxxxxxxxx, Xxxxx 00000, within seven (7) days from the date of the execution of the ReleaseRelease Agreement.

Appears in 1 contract

Samples: Change of Control Agreement (Tetra Technologies Inc)

ADEA Release. For To the good and valuable consideration provided for under extent that the Agreement, the sufficiency Executive is forty (40) years of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you hereby completely and forever release and irrevocably discharge each of the Releasees, of and from any and all liabilities, claims, actions, demands, and/or causes of action, arising under the ADEA on age or before the date of this Release (the “ADEA Release”), and hereby acknowledge and agree that: the Agreement and this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement and this Release, including the ADEA Release, is worded in a manner that you fully understand; you specifically waive any rights or claims under the ADEA; you knowingly and voluntarily agree to all of the terms set forth in the Agreement and this Release, including this ADEA Release; you acknowledge and understand that any claims under the ADEA that may arise after the date of this Release are not waived; the rights and claims waived in this Release and this ADEA Release are in exchange for consideration over and above anything to which you were already undisputedly entitled; you have been and hereby are advised in writing to consult with an attorney prior to executing the Agreementolder, this Release and the ADEA Release; you understand paragraph shall also apply. The Executive acknowledges that you have he has been given offered a period of up to time of at least twenty-one (21) days from the date of receipt of this Agreement to consider whether to sign this General Release and Covenant Not to Xxx, which he has waived in writing, and the ADEA Company agrees that the Executive may cancel this General Release prior and Covenant Not to executing it; Xxx (including, without limitation, any and you understand that you have been given a period of all claims arising under the ADEA) at any time during the seven (7) days from following the date on which this General Release and Covenant Not to Xxx has been signed by all parties to this General Release and Covenant Not to Xxx. In order to cancel or revoke this General Release and Covenant Not to Xxx, the Executive must deliver to the General Counsel of the execution Company written notice stating that the Executive is canceling or revoking this General Release and Covenant Not to Xxx. If this General Release and Covenant Not to Xxx is timely cancelled or revoked, none of the ADEA provisions of this General Release and Covenant Not to revoke the ADEA Release, and understand and acknowledge that the ADEA Release will not become Xxx shall be effective or enforceable until and the revocation period Company shall not be obligated to make the payments to the Executive or to provide the Executive with the other benefits described in the Employment Agreement and all contracts and provisions modified, relinquished or rescinded hereunder shall be reinstated to the extent in effect immediately prior hereto. For the avoidance of doubt, nothing in this General Release and Covenant Not to Xxx shall prevent the Executive from challenging or seeking a determination in good faith of the validity of this waiver and release under the ADEA but no other portion of this General Release and Covenant Not to Xxx. Each of the Executive and the Company acknowledges and agrees that it has expiredentered into this General Release and Covenant Not to Xxx knowingly, voluntarily and willingly and has had ample opportunity to consider the terms and provisions of this General Release and Covenant Not to Xxx. If you elect to revoke this ADEA ReleaseThe Executive further acknowledges that he has read the Agreement carefully, revocation must be has been advised by the Company in writing to, and presented has in fact consulted with an attorney, and fully understands that by signing below he is giving up certain rights which he may have to the Board of Directors xxx or their designee within seven (7) days from the date assert a claim against any of the execution of the ReleaseCompany Group, as described above.

Appears in 1 contract

Samples: Consulting and Employment Agreement (Triarc Companies Inc)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you Employee hereby completely and forever release releases and irrevocably discharge each of discharges the ReleaseesReleased Parties, of and from any and all liabilities, claims, actions, demands, and/or causes of action, Claims arising under the ADEA on or before the date of Employee signs this Release (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: the Agreement and (i) this Release, including this ADEA Release, Release was negotiated at arms’ arm’s length; the Agreement and (ii) this Release, including the ADEA Release, Release is worded in a manner that you Employee fully understandunderstands; you (iii) Employee specifically waive waives any rights or claims under the ADEA; you (iv) Employee knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this Release, including this ADEA Release; you acknowledge (v) Employee acknowledges and understand understands that any claims under the ADEA that may arise after the date of this Release are not waived; (vi) the rights and claims waived in this Release and this ADEA Release are in exchange for consideration over and above anything to which you were Employee was already undisputedly entitled; you have (vii) Employee has been and hereby are is advised in writing to consult with an attorney prior to executing the Agreement, Release; (viii) Employee acknowledges that he received this Release on April 4, 2012, and the ADEA Release; you understand Employee understands that you have he has been given a period of up to twenty-one (21) days from receipt of this Release to consider the release contained in this Paragraph 3 (the “ADEA Release Release”) prior to executing it; (ix) Employee acknowledges and you understand agrees that you have any discussions between Employee and Employer concerning the terms of this Release and any change in the terms of this Release after April 4, 2012 shall not affect or restart such twenty-one (21) day consideration period; and (x) Employee understands that he has been given a period of seven (7) days from the date of the execution of the ADEA this Release to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect Employee elects to revoke this ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee Rxxxxx X. Xxxxxx, President, Compressco Partners GP, Inc., 100 Xxxx Xxxxxx, Xxxxx 0000, Xxxxxxxx Xxxx, XX 00000, within seven (7) days from the date of the execution of the Release.

Appears in 1 contract

Samples: Release Agreement (Compressco Partners, L.P.)

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