Execution and Revocation Period. Pursuant to the Older Workers Benefit Protection Act ("OWBPA"), you hereby acknowledge that: a) By executing this Agreement, you waive any and all rights and/or claims, if any, that you may have against Proterra under the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 626, et seq. ("ADEA''); b) That this Agreement has been written in a manner calculated to be understood by you, and is in fact understood by you; c) That the aforementioned waiver reflects specifically, but is not limited to, all rights or claims, if any, that you may have against Proterra arising under the ADEA; d) That you are not waiving rights and claims that you may have under the ADEA against Proterra that may arise after the date on which this Agreement is executed; e) That you are waiving rights and claims that you may have under the ADEA, if any, only in exchange for consideration in addition to anything of value to which you are already entitled; f) That you were advised and have had the opportunity to consult with an attorney of your choice prior to executing this Agreement; g) That you have been given a period of 21 days from the date on which you received this Agreement, not counting the day upon which you received the Agreement, within which to consider whether to sign this Agreement; h) That if you wish to execute this Agreement prior to the expiration of the 21-day period set forth in subsection (g) of this Paragraph 15, you may do so; i) That you have been given a period of 1 days following the execution of this Agreement to revoke your waiver of all claims, if any, under the ADEA, and your release of any claims under the ADEA shall not become effective or enforceable until the revocation period has expired without you revoking your waiver of all claims under the ADEA; j) To revoke your waiver of all claims under the ADEA, you understand that you must deliver a written, signed statement that you revoke your waiver of all claims under the ADEA to Proterra by hand or by mail within the1· day revocation period. The revocation must be postmarked within the period stated above and properly addressed to Proterra at the following address: ▇▇▇▇▇ ▇▇▇▇▇▇, Vice President, Human Resources, Proterra Inc, ▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇; and k) That if you revoke your waiver of claims under the ADEA then you will not be entitled to any of the severance benefits described in Paragraph 4.
Appears in 1 contract
Sources: Separation Agreement (Proterra Inc)
Execution and Revocation Period. Pursuant to the Older Workers Benefit Protection Act ("“OWBPA"”), you hereby acknowledge that:
a) a. By executing this Agreement, you waive any and all rights and/or claims, if any, that you may have against Proterra under the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 626, et seq. ("“ADEA''”);
b) b. That this Agreement has been written in a manner calculated to be understood by you, and is in fact understood by you;
c) c. That the aforementioned waiver reflects specifically, but is not limited to, all rights or claims, if any, that you may have against Proterra arising under the ADEA;
d) d. That you are not waiving rights and claims that you may have under the ADEA against Proterra that may arise after the date on which this Agreement is executed;
e) e. That you are waiving rights and claims that you may have under the ADEA, if any, only in exchange for consideration in addition to anything of value to which you are already entitled;
f) f. That you were advised and have had the opportunity to consult with an attorney of your choice prior to executing this Agreement;
g) g. That you have been given a period of 21 days from the date on which you received this Agreement, not counting the day upon which you received the Agreement, within which to consider whether to sign this Agreement;
h) h. That if you wish to execute this Agreement prior to the expiration of the 21-day period set forth in subsection (g) of this Paragraph 1516, you may do so;
i) i. That you have been given a period of 1 7 days following the execution of this Agreement to revoke your waiver of all claims, if any, under the ADEA, and your release of any claims under the ADEA shall not become effective or enforceable until the revocation period has expired without you revoking your waiver of all claims under the ADEA;; and
j) j. To revoke your waiver of all claims under the ADEA, you understand that you must deliver a written, signed statement that you revoke your waiver of all claims under the ADEA to Proterra by hand or by mail within the1· day revocation period. The revocation must be postmarked within the period stated above and properly addressed to Proterra at the following address: ▇▇▇▇▇ ▇▇▇▇▇▇, Vice President, Human Resources, Proterra Inc, ▇ at ▇▇▇▇▇▇▇ ▇▇▇▇▇, @▇▇▇▇▇▇▇▇.▇▇, ▇▇ ▇▇▇▇▇; andwithin the 7-day revocation period.
k) k. That if you revoke your waiver of claims under the ADEA then you will not be entitled to any of the severance benefits Severance Benefit described in Paragraph 4.
Appears in 1 contract
Sources: Separation Agreement (Proterra Inc)