OWBPA Compliance. This Agreement is intended to comply with the Older Workers’ Benefit Protection Act of 1990 (“OWBPA”) with regard to Employee’s waiver of rights under the Age Discrimination in Employment Act of 1967 (“ADEA”).
OWBPA Compliance. The Executive acknowledges that this Waiver and Release is intended to comply fully with the requirements of the Older Workers Benefit Protection Act (29 U.S.C. § 626) and any similar federal or state law governing the release of claims. Accordingly, the Executive hereby acknowledges, represents and agrees that:
OWBPA Compliance. Executive, who is over 40 years of age, has or may have specific rights and/or claims under the Age Discrimination in Employment Act of 1967 (“ADEA”) and Executive agrees that in consideration for the Severance Payments, he specifically and voluntarily waives such rights and/or claims under the ADEA which he might have against the Released Parties to the extent such rights and/or claims arose prior to the date this Release was executed. Executive understands that rights and/or claims under the ADEA which may arise after the date this Release is executed are not waived by him. By signing this Release, Executive does not release: (i) any right he may have to challenge the validity of this Release under the ADEA or the OWBPA; or (ii) his right to enforce this Release. Executive has had more than twenty-one (21) days following his receipt of the initial proposal to consider whether to execute this Release. Upon Executive’s execution of this Release, Executive will have seven (7) days after such execution in which he may revoke such execution. For such a revocation to be effective, it must be delivered so that the undersigned person receives it in-hand or via email on or before the expiration of the seven (7) day revocation period. This Release shall become effective on the first day following the expiration of the seven (7) day revocation period (“Effective Date”).
OWBPA Compliance. Rxxxxx acknowledges that his assent to this Agreement’s terms is wholly voluntary and that he has retained and had the opportunity to consult with counsel and that he fully understands said Agreement. Rxxxxx acknowledges that he has been given a period of at least twenty-one (21) days to consider this Agreement. Rxxxxx may revoke this Settlement and Release Agreement at any time during the seven (7) day period after he signs it. This Agreement shall not become effective until said revocation period has expired.
OWBPA Compliance. In accordance with the Older Worker’s Benefit Protection Act of 1990, Xxxxx is aware of and acknowledges the following: (a) Xxxxx is waiving all rights and claims that Xxxxx has or may have under the federal Age Discrimination in Employment Act, as well as any rights or claims that Xxxxx has under other federal, state, or local laws with regard to age and other employment discrimination; (b) Xxxxx has been advised by Deep Down to consult with an attorney prior to executing this Agreement; (c) Xxxxx has a period of 21 days in which to consider this Agreement before signing it; (d) for a period of 7 days following the signing of this Agreement, Xxxxx may revoke this Agreement (solely as to any claims under the federal Age Discrimination in Employment Act) and this Agreement shall not become effective and enforceable as to any claims under the federal Age Discrimination in Employment Act until that 7-day revocation period has expired; (e) Xxxxx has carefully read and fully understands all of the provisions of this Agreement; (f) Xxxxx knowingly and voluntarily agrees to all the terms set forth in this Agreement; and (g) Xxxxx knowingly and voluntarily intends to be legally bound by this Agreement. Xxxxx further agrees that, in the event Xxxxx decides to revoke this Agreement as provided for by this Section, Xxxxx will deliver written notice to Xxxxxxx Xxxxxxx by mail (postmarked no later than the 7th day), facsimile, or email. XXXXX ACKNOWLEDGES THAT THE SEVEN DAY RIGHT TO RESCIND THIS AGREEMENT, AS NOTED IN THIS PARAGRAPH, SHALL EXTEND ONLY TO XXXXX’X POTENTIAL AGE DISCRIMINATION CLAIMS. XXXXX ACKNOWLEDGES AND AGREES THAT THE REMAINDER OF THE RELEASES ENUMERATED IN PARAGRAPH 3 OF THIS AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT EVEN IF XXXXX RESCINDS THE AGREEMENT AS PROVIDED BY THIS SECTION.
OWBPA Compliance. It is the intention of both Gannett and Xxxxx that this Agreement, in particular the releases and waivers contained herein, comply fully with the statutory and regulatory requirements of the Older Worker Benefit Protection Act (OWBPA). For that reason, this Agreement will remain open and available to Xxxxx for up to twenty-one (21) calendar days, beginning on the date the Agreement is first delivered to him. Subsequent modifications to the provisions of the Agreement as may be made at the request of or in response to requests from Xxxxx or his legal counsel shall not operate to extend or renew this 21 day consideration period. Should Xxxxx accept all the terms of this offer by signing this Agreement, he may nevertheless revoke this Agreement within seven (7) days after signing it. Notice of revocation must be provided in writing (via letter, fax or email) to counsel for Gannett, Xxxx Xxxxxx, Senior Vice President, General Counsel, Gannett Co. Inc., 0000 Xxxxx Xxxxxx Drive, XxXxxx VA 22107. In the absence of a revocation by Xxxxx, this Agreement shall be effective immediately upon expiration of the 7 day revocation period. Xxxxx is advised to consult with legal counsel prior to signing this Agreement. By signing this Agreement Xxxxx acknowledges that he has carefully read this Agreement and understands its terms, that he has in fact consulted with legal counsel, that the terms hereof have been negotiated, in part, by and through his legal counsel, that he has voluntarily executed this agreement and that he fully appreciates the effect of doing so.
OWBPA Compliance. Exclusively as this Agreement pertains to Employee’s release of CLAIMS under the Age Discrimination in Employment Act ("ADEA"), Employee, pursuant to and in compliance with the Older Workers Benefit Protection Act: (i) is advised to consult with an attorney prior to executing this Agreement; (ii) is afforded a period of 21 calendar days to consider this Agreement; and (iii) may revoke this Agreement during the 7 calendar days following its execution. To the extent Employee executes this Agreement prior to the expiration of the 21 calendar day period specified in (ii), above, Employee acknowledges and agrees that Employee was afforded the opportunity to have a period of at least 21 calendar days to consider it before executing it and that Employee’s execution of this Agreement prior to the expiration of said period was Employee’s free and voluntary act. Employee also agrees that this Agreement is written in a manner that enables Employee to fully understand its content and meaning. This Agreement as it pertains to a release of CLAIMS under the ADEA shall become effective and enforceable 7 calendar days after its execution. All other provisions of this Agreement or parts thereof shall become effective and enforceable upon execution; provided, however, that if Employee revokes this Agreement as provided in (iii) above, the Bank may revoke this Agreement in its entirety during the 7 calendar day period following Employee’s revocation. Written notice of any revocation must be delivered to the Bank on or before the effective date of revocation.
OWBPA Compliance. I acknowledge that the release and waiver provisions of this Agreement comply with the requirements of the Older Workers Benefit Protection Act, 29 U.S.C. § 626(f)(1) (A)-(G). I have knowingly and voluntarily agreed, for the consideration set forth herein, to waive, among other things, any and all rights and claims I may have against Tesoro under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621 et seq. (“ADEA”). I specifically acknowledge that the waiver of rights under the ADEA is written in a manner that I understand, that the waiver specifically refers to claims arising under the ADEA, that I have not waived any rights or claims under the ADEA that arise after the date this Agreement is executed, that my waiver of rights or claims under the ADEA is in exchange for consideration in addition to anything of value that I am otherwise entitled to receive from Tesoro.
OWBPA Compliance. This Agreement complies in all respects with Section 7(f) of the ADEA, that is, the waiver provisions of the Older Worker Benefit Protection Act (“OWBPA”).
OWBPA Compliance. Executive understands and acknowledges: (1) Executive was advised to consult with an attorney prior to executing this Agreement; (2) the Agreement provides consideration in addition to anything of value to which Executive already is entitled; (3) Executive has twenty-one days from January 17, 2013 within which to consider this Agreement; (4) this Agreement shall not become effective and enforceable until after seven days following its execution by Executive (but if the seventh day is a weekend or federal holiday, then the next business day) (the “Effective Date”); (5) Executive may revoke this Agreement at any time up to and including seven days after signing the Agreement by notifying THE BANK in writing of his desire to revoke the Agreement. If the seventh day is a weekend or federal holiday, Executive will have until the next business day; and (6) the Agreement shall not be effective or enforceable until after this revocation period has expired.
