ADEA Release. Executive agrees and expressly acknowledges that this Separation Agreement includes a waiver and release of all claims which Executive has or may have under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621, et seq. (“ADEA”). The following terms and conditions apply to and are part of the waiver and release of ADEA claims under this Separation Agreement: (i) The waiver and release of claims under the ADEA contained in this Agreement do not cover rights or claims that may arise after the date on which Executive executes and delivers this Separation Agreement to the Company. (ii) This Separation Agreement involves consideration in addition to anything of value to which Executive is already entitled. (iii) Executive is advised to consult an attorney before signing this Separation Agreement. If Executive executes this Separation Agreement prior to the expiration of the period specified in Section 7(f)(iv) below, Executive does so voluntarily and after having had the opportunity to consult with an attorney. (iv) Executive is granted twenty-one (21) days after Executive is presented with this Agreement to decide whether or not to sign this Separation Agreement. (v) Executive will have the right to revoke the waiver and release of claims under the ADEA within seven (7) days after the Separation Date and Executive has reaffirmed this Agreement. This Section 7(f) shall not become effective or enforceable until that revocation period has expired. Executive understands and agrees that Executive shall refund any consideration that has been previously paid to Executive, and shall receive no further consideration, if Executive revokes the waiver and release of ADEA claims.
Appears in 2 contracts
Sources: Separation Agreement (Pinnacle Entertainment Inc.), Separation Agreement (Pinnacle Entertainment Inc.)
ADEA Release. Executive agrees and expressly acknowledges that this Separation Agreement includes a waiver and release of all claims which Executive has or may have under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621, et seq. (“ADEA”). The following terms and conditions apply to and are part of the waiver and release of ADEA claims under this Separation Agreement:
(i) The waiver and release of claims under the ADEA contained in this Agreement do not cover rights or claims that may arise after the date on which Executive executes and delivers this Separation Agreement to the Company.
(ii) This Separation Agreement involves consideration in addition to anything of value to which Executive is already entitled.
(iii) Executive is advised to consult an attorney before signing this Separation Agreement. If Executive executes this Separation Agreement prior to the expiration of the period specified in Section 7(f)(iv6(f)(iv) below, Executive does so voluntarily and after having had the opportunity to consult with an attorney.
(iv) Executive is granted twenty-one (21) days after Executive is presented with this Agreement to decide whether or not to sign this Separation Agreement.
(v) Executive will have the right to revoke the waiver and release of claims under the ADEA within seven (7) days after the Separation Date and Executive has reaffirmed this Agreement. This Section 7(f6(f) shall not become effective or enforceable until that revocation period has expired. Executive understands and agrees that Executive shall refund any consideration that has been previously paid to Executive, and shall receive no further consideration, if Executive revokes the waiver and release of ADEA claims.
Appears in 2 contracts
Sources: Separation Agreement (Pinnacle Entertainment Inc.), Separation Agreement (Pinnacle Entertainment Inc.)
ADEA Release. Executive agrees and expressly acknowledges that this Separation Agreement includes a waiver and release of all claims which Executive has or may have under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621, et seq. (“ADEA”). The following terms and conditions apply to and are part of the waiver and release of ADEA claims under this Separation Agreement:
(i) The waiver and release of claims under the ADEA contained in this Agreement do not cover rights or claims that may arise after the date on which Executive executes and delivers this Separation Agreement to the Company.
(ii) This Separation Agreement involves consideration in addition to anything of value to which Executive is already entitled.
(iii) Executive is advised to consult an attorney before signing this Separation Agreement. If Executive executes this Separation Agreement prior to the expiration of the period specified in Section 7(f)(iv6(f)(iv) below, Executive does so voluntarily and after having had the opportunity to consult with an attorney.
(iv) Executive is granted twenty-one (21) days after Executive is presented with this Agreement to decide whether or not to sign this Separation Agreement.
(v) Executive will have the right to revoke the waiver and release of claims under the ADEA within seven (7) days after Executive’s employment with the Separation Date Company and all of its Affiliates has terminated and Executive has reaffirmed this Agreement. This Section 7(f6(f) shall not become effective or enforceable until that revocation period has expired. Executive understands and agrees that Executive shall refund any consideration that has been previously paid to Executive, and shall receive no further consideration, if Executive revokes the waiver and release of ADEA claims.
Appears in 2 contracts
Sources: Separation Agreement (Pinnacle Entertainment Inc), Separation Agreement (Pinnacle Entertainment Inc)
ADEA Release. Executive Employee agrees and expressly acknowledges that this Separation Agreement includes a waiver and release of all claims claims, which Executive Employee has or may have under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621, et seq. (“"ADEA”"). The following terms and conditions apply to and are part of the waiver and release of ADEA claims under this Separation Agreement:
(i) a. The waiver and release of claims under the ADEA contained in this Agreement do not cover rights or claims that may arise after the date on which Executive executes and delivers Employee signs this Separation Agreement to the CompanyAgreement.
(ii) b. This Separation Agreement involves consideration in addition to anything of value to which Executive Employee is already entitled.
(iii) Executive c. Employee is advised to consult an attorney before signing this Separation Agreement. If Executive Employee executes this Separation Agreement prior to the expiration of the period specified in Section 7(f)(ivparagraph 3(d) below, Executive Employee does so voluntarily and after having had the opportunity to consult with an attorney.
(iv) Executive d. Employee is granted twenty-twenty one (21) days after Executive Employee is presented with this Agreement to decide whether or not to sign this Separation Agreement.
(v) Executive e. Employee will have the right to revoke the waiver and release of claims under the ADEA within seven (7) days after the Separation Date and Executive has reaffirmed of signing this Agreement. This Section 7(f) Agreement shall not become effective or enforceable until that revocation period has expired. Executive expired and Employee understands and agrees that Executive no consideration shall refund any consideration that has been previously be paid to ExecutiveEmployee pursuant to this Release Agreement or any severance pay agreement, and shall receive no further considerationincluding the Employment Agreement, if Executive revokes until the waiver and release of ADEA claimsrevocation period has expired without this Agreement having been revoked.
Appears in 1 contract
ADEA Release. Executive agrees and expressly acknowledges that this Separation Agreement includes a waiver and release of all claims which Executive has or may have under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621, et seq. (“ADEA”). The following terms and conditions apply to and are part of the waiver and release of ADEA claims under this Separation Agreement:
(i) The waiver and release of claims under the ADEA contained in this Separation Agreement do not cover rights or claims that may arise after the date on which Executive executes and delivers this Separation Agreement to the Company.
(ii) This Separation Agreement involves consideration in addition to anything of value to which Executive is already entitled.
(iii) Executive is advised to consult an attorney before signing this Separation Agreement. If Executive executes this Separation Agreement prior to the expiration of the period specified in Section 7(f)(iv) below, Executive does so voluntarily and after having had the opportunity to consult with an attorney.
(iv) Executive is granted twenty-one (21) days after Executive is presented with this Separation Agreement to decide whether or not to sign this Separation Agreement.
(v) Executive will have the right to revoke the waiver and release of claims under the ADEA within seven (7) days after the Separation Date and Executive has reaffirmed this Separation Agreement. This Section 7(f) shall not become effective or enforceable until that revocation period has expired. Executive understands and agrees that Executive shall refund any consideration that has been previously paid to Executive, and shall receive no further consideration, if Executive revokes the waiver and release of ADEA claims.
Appears in 1 contract
Sources: Separation Agreement (Pinnacle Entertainment, Inc.)
ADEA Release. Executive agrees and expressly acknowledges that this Separation Agreement includes a waiver and release of all claims which Executive has or may have under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621, et seq. (“"ADEA”"). The following terms and conditions apply to and are part of the waiver and release of ADEA claims under this Separation Agreement:
(i) The waiver and release of claims under the ADEA contained in this Agreement do not cover rights or claims that may arise after the date on which Executive executes and delivers this Separation Agreement to the Company.
(ii) This Separation Agreement involves consideration in addition to anything of value to which Executive is already entitled.
(iii) Executive is advised to consult an attorney before signing this Separation Agreement. If Executive executes this Separation Agreement prior to the expiration of the period specified in Section 7(f)(iv6(f)(iv) below, Executive does so voluntarily and after having had the opportunity to consult with an attorney.
(iv) Executive is granted twenty-one (21) days after Executive is presented with this Agreement to decide whether or not to sign this Separation Agreement.
(v) Executive will have the right to revoke the waiver and release of claims under the ADEA within seven (7) days after the Separation Date and Executive has reaffirmed this Agreement. This Section 7(f6(f) shall not become effective or enforceable until that revocation period has expired. Executive understands and agrees that Executive shall refund any consideration that has been previously paid to Executive, and shall receive no further consideration, if Executive revokes the waiver and release of ADEA claims.
Appears in 1 contract
ADEA Release. Executive agrees and expressly acknowledges that this Separation Agreement includes a waiver Executive is waiving and release of all claims which releasing any rights Executive has or may have under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621, et seq. (“ADEA”). The following terms ) and conditions apply to and are part of the that this waiver and release of ADEA claims under this Separation Agreement:
(i) The waiver is knowing and release of claims under voluntary. Executive acknowledges that the ADEA contained in consideration given for this Agreement do not cover rights or claims that may arise after the date on which Executive executes and delivers this Separation Agreement to the Company.
(ii) This Separation Agreement involves consideration is in addition to anything of value to which Executive is already entitled.
. Executive further acknowledges that Executive has been advised by this writing that: (iiii) Executive is advised to consult an attorney before signing this Separation Agreement. If Executive executes this Separation Agreement prior to the expiration of the period specified in Section 7(f)(iv) below, Executive does so voluntarily and after having had the opportunity to should consult with an attorney.
attorney prior to executing this Agreement; (ivii) Executive is granted has up to twenty-one (21) days after Executive is presented with from the date hereof to consider this Agreement to decide whether or not to sign this Separation Agreement.
(v) and the General Release attached as Exhibit A, and Executive will have the right twenty-one (21) days prior to revoke the waiver end of the Employment Period within which to consider the General Release attached as Exhibit B, although Executive may, at Executive’s discretion, sign and return the appropriate release at any time within such applicable twenty-one (21) day period, in which case Executive waives all rights to the balance of claims under the ADEA within applicable review period; (iii) Executive has seven (7) days after following Executive’s execution of this Agreement and General Release to revoke the Separation Date Agreement and General Release (the “Revocation Period”); (iv) this Agreement, including the ADEA waiver, shall not be effective until the Revocation Period has expired; and (v) nothing in this Agreement prevents or precludes Executive 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. Executive acknowledges that if Executive has reaffirmed this Agreementnot returned the signed Agreement and General Release within the time permitted, then the offer of payments and benefits set forth herein will expire by its own terms at such time. This Section 7(f) shall not become effective or enforceable until Executive also recognizes that revocation period has expired. Executive understands of this Agreement must be in writing and agrees that Executive shall refund any consideration that has been previously paid must be delivered to Executivethe L-3 Corporate Vice President of Human Resources, and shall receive no further consideration, if Executive revokes the waiver and release by certified mail or courier service (signature of ADEA claimsreceipt required).
Appears in 1 contract
ADEA Release. Executive agrees and expressly acknowledges that this Separation Agreement includes a waiver and release of all claims which Executive has or may have under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621, et seq. (“"ADEA”"). The following terms and conditions apply to and are part of the waiver and release of ADEA claims under this Separation Agreement:
(i) The waiver and release of claims under the ADEA contained in this Agreement do not cover rights or claims that may arise after the date on which Executive executes and delivers this Separation Agreement to the Company.
(ii) This Separation Agreement involves consideration in addition to anything of value to which Executive is already entitled.
(iii) Executive is advised to consult an attorney before signing this Separation Agreement. If Executive executes this Separation Agreement prior to the expiration of the period specified in Section 7(f)(iv) below, Executive does so voluntarily and after having had the opportunity to consult with an attorney.
(iv) Executive is granted twenty-one (21) days after Executive is presented with this Agreement to decide whether or not to sign this Separation Agreement.
(v) Executive will have the right to revoke the waiver and release of claims under the ADEA within seven (7) days after the Separation Date and Executive has reaffirmed this Agreement. This Section 7(f) shall not become effective or enforceable until that revocation period has expired. Executive understands and agrees that Executive shall refund any consideration that has been previously paid to Executive, and shall receive no further consideration, if Executive revokes the waiver and release of ADEA claims.
Appears in 1 contract
ADEA Release. Executive Employee acknowledges and agrees that, by entering into this Agreement, Employee is waiving any and expressly acknowledges all rights or claims that this Separation Agreement includes a waiver and release of all claims which Executive has or Employee may have under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621, et seq. 1967 (“ADEA”), as amended, arising on or before the Effective Date. Employee further expressly acknowledges and agrees that:
i. Employee is advised in writing by this Agreement to consult with an attorney prior to executing this Agreement;
ii. Employee may take up to twenty-one (21) days from the date on which Employee received this Agreement to review this Agreement, and if Employee executed this Agreement prior to the expiration of the 21-day review period mentioned above, Employee did so voluntarily and thereby waived the balance of the review period;
iii. The following terms parties hereby agree that changes made to any prior versions of this Agreement do not constitute material changes and conditions apply to and are part do not restart the running of the 21-day review period;
iv. If Employee fails to sign this Agreement within the twenty-one (21) day review period described above, this Agreement is withdrawn;
v. In exchange for Employee’s waiver of any and release of ADEA claims under this Separation Agreement:
(i) The waiver and release of all rights or claims under the ADEA contained in this Agreement do not cover rights arising on or claims that may arise after before the date on which Executive executes and delivers this Separation Agreement to the Company.
(ii) This Separation Agreement involves Effective Date, Employee will receive consideration in addition to anything of value that Employee was already entitled to which Executive is already entitled.receive before executing this Agreement; and
(iii) Executive is advised to consult an attorney before signing this Separation Agreementvi. If Executive executes this Separation Agreement prior to the expiration of the period specified in Section 7(f)(iv) below, Executive does so voluntarily and after having had the opportunity to consult with an attorney.
(iv) Executive is granted twenty-one (21) days after Executive is presented with this Agreement to decide whether or not to sign this Separation Agreement.
(v) Executive will have the right to revoke the waiver and release of claims under the ADEA within Employee has seven (7) days after following Employee’s execution of this Agreement in which to revoke the Separation Date and Executive has reaffirmed this Agreement. This Section 7(f) shall not become effective or enforceable until that Any revocation of this Agreement must be in writing and postmarked during the revocation period has expired. Executive understands and agrees that Executive shall refund any consideration that has been previously paid to Executive, and shall receive no further consideration, if Executive revokes the waiver and release of ADEA claimsto: __________________.
Appears in 1 contract
Sources: Transition and Separation Agreement (Arizona Public Service Co)