Older Worker Benefit Protection Act. This Agreement is intended to comply with the terms of the Older Workers’ Benefit Protection Act. Accordingly, Executive acknowledges that he has been advised of the following rights:
Older Worker Benefit Protection Act. As may be applicable to Employee under the Age Discrimination in Employment Act of 1967 (29 U.S.C. § 621, et seq.), (“ADEA”), Employee understands and agrees that:
Older Worker Benefit Protection Act. This Agreement is subject to the terms of the Older Workers Benefit Protection Act of 1990 (“OWBPA”). The OWBPA provides that an individual cannot waive a right or claim under the Age Discrimination in Employment Act (“ADEA”) unless the waiver is knowing and voluntary. Pursuant to the terms of the OWBPA, Executive acknowledges and agrees that he/she has executed this Agreement voluntarily, and with full knowledge of its consequences. In addition, Executive hereby acknowledges and agrees as follows:
Older Worker Benefit Protection Act. In compliance with the Older Worker Benefit Protection Act, you (“Employee”), agree and acknowledge as follows:
Older Worker Benefit Protection Act. In compliance with the terms of the Age Discrimination in Employment Act and the Older Worker Benefit Protection Act, Xxxxxxx expressly acknowledges that he has consulted with counsel prior to signing this Agreement, that be understands its terms that he is not waiving rights or claims arising after the date he signs this Agreement, and that he is receiving consideration for his release of claims to which he would not otherwise be entitled. Xxxxxxx understands that he may take up to twenty-one (21) days to consider this Agreement Xxxxxxx understands that he may sign this Agreement before the end of the 21-day consideration period but may not be required to do so. Xxxxxxx understands that after he signs this Agreement, he has an additional seven (7) days to revoke the Agreement by providing written notice of such revocation to the attention of Legal Affairs, Cell Therapeutics, Inc., 0000 Xxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxx, Xxxxxxxxxx 00000. Xxxxxxx understands that this Agreement shall not become effective or enforceable until the eighth (8th) day following the date he signs and returns this Agreement, provided that he does not timely revoke the Agreement (the “Effective Date”). This Agreement was initially delivered to Xxxxxxx on November 5, 2012, and Xxxxxxx agrees that the 21-day period outlined in Paragraph 16 will not be re-set based on any changes to this Agreement since that date. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ AND HAVE VOLUNTARILY SIGNED THIS AGREEMENT AND RELEASE, THAT I FULLY UNDERSTAND ITS FINAL AND BINDING EFFECT, THAT BY SIGNING INTENDED TO FULLY AND FINALLY RELEASE ANY AND ALL CLAIMS I MAY HAVE AGAINST CTI AND THE OTHER RELEASED PARTIES DESCRIBED IN PARAGRAPH FIVE (5) ABOVE, AND THAT, PRIOR TO SIGNING THIS AGREEMENT AND RELEASE, I HAVE BEEN ADVISED OF MY RIGHT TO CONSULT, AND HAVE BEEN GIVEN ADEQUATE TIME TO REVIEW MY LEGAL RIGHTS WITH AN ATTORNEY OF MY CHOICE. XXXXXX X. XXXXXXX: /s/ Xxxxxx X. Xxxxxxx Date January 4, 2013 CELL THERAPEUTICS, INC.: By: /s/ Xxxxx Xxxxxx, M.D. Date January 3, 2013 Its: President and Chief Executive Officer
Older Worker Benefit Protection Act. In compliance with the Older Worker Benefit Protection Act (“OWBPA”) and in providing a release of all claims under the Age Discrimination in Employment Act (“ADEA”), Employee agrees and acknowledges as follows:
Older Worker Benefit Protection Act. If the agreement is for an employee who is 40 years of age or older, then federal law requires specific language, waiting periods, revocation periods, and waivers for a valid release of a claim under the Age Discrimination in Employment Act. In addition, the ages and positions of employees in the relevant unit who were selected and not selected for termination must be disclosed, if the severance package is part of a group termination program. Strict compliance with these provisions is required for a waiver to be valid, so seek legal counsel if you are not familiar with this law. • Non-disparagement. Employers should ensure that any employee who is paid severance agrees not to disparage the employer or its management, or cast them in a negative light. Although these covenants are difficult to monitor and enforce, they act as a valuable preventive mechanism and can be useful in stopping any disparagement that occurs. Continued • Confidentiality. Employees should be required to keep the existence of the agreement and its terms confidential. They also should affirm their obligations to keep secret the company's confidential business information, and not retain, use or disclose it after their employment ends.
Older Worker Benefit Protection Act. To comply with the Older Worker Benefit Protection Act of 1990 (“OWBPA”), Employee has been advised of Employee’s right to consult an attorney and of the legal requirements of OWBPA, including Employee’s right to consider this Agreement for 21 days before signing and Employee’s right to revoke the Agreement within seven days after signing it, and fully incorporates the legal requirements by reference into this Agreement.
Older Worker Benefit Protection Act. “OWBPA”). Employee recognizes and understands that, by executing this Agreement, he shall be releasing the Bank Entities from any claims that he now has or may have under the Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621, et seq., as amended, by reason of any matter or thing arising out of, or in any way connected with, directly or indirectly, any acts or omissions which have occurred prior to and including the Separation Date. In other words, Employee will have none of the legal rights against the aforementioned that he would otherwise have under the Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621, et seq., as amended, by his signing this Agreement.
Older Worker Benefit Protection Act. Dr. Hartert agrees and acknowledxxx xx xxxxows:
