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. 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. Pursuant to the Older Workers Benefit Protection Act, you acknowledge that: (a) the Company encourages you to consult with an attorney prior to executing this Supplemental Release and Waiver; (b) you have read the release and understand the effect of your release and that you are releasing legal rights; (c) you are aware of certain rights to which you may be entitled under certain statutes and laws identified in the release; (d) you have had at least twenty-one (21) days to consider this Supplemental Release and Waiver, which ran concurrent with your continued employment pursuant to your Separation Agreement; (e) you do not waive rights or claims under the federal Age Discrimination in Employment Act that may arise after the date this waiver is executed; and (f) as consideration for executing this Supplemental Release and Waiver, you have received additional benefits and compensation of value to which you would not otherwise be entitled. You may revoke your acceptance of this Supplemental Release and Waiver within seven days of your acceptance by sending a written statement to that effect addressed to the attention of ___________________. Unless you revoke it within those seven days, this Supplemental Release and Waiver will be effective on the eighth day after you have signed it (“Effective Date”). northwest pipe company Accepted ____________, 20__ Xxxxxxx Xxxxx __________________________ [Employee’s signature] Accepted _____________, 20__ __________________________ [Executive’s signature] _________________________ [Printed name of Executive] _________________________[Title] Northwest Pipe, Company
Benefit Protection Act. This Statement is part of an Agreement containing a waiver of rights and claims under the federal Age Discrimination in Employment Act of 1967 (“ADEA”). Your waiver of these rights must be knowing and voluntary, which means, as a minimum, that you understand that:
Benefit Protection Act. In accordance with the Older Workers ------------------------------------ Benefit Protection Act of 1990, Employee acknowledges that:
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. 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 you may retain), including but not limited to past, present or future employees of Scoxxx xx its affiliates. You agree to indemnify Releasees from any loss, costs or attorneys' fees arising from any breach by you of this Agreement. You will have until July 2, 2001 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 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 11th day of June, 2001. THE SCOTTS COMPANY By: /s/ Hadxx Xxxxxxx -------------------------------------- Hadxx Xxxxxxx Executive Vice President ACCEPTANCE: /s/ G. Xxxxxx Xxxxx -------------------------------------- G. Xxxxxx Xxxxx
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.
