Common use of Release and Waiver of Claims Under the Age Discrimination in Employment Act Clause in Contracts

Release and Waiver of Claims Under the Age Discrimination in Employment Act. Employee acknowledges that the Company has advised Employee to consult with an attorney of his or her choosing, and through this Agreement advise Employee to consult with Employee’s attorney with respect to possible claims under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), and Employee acknowledges that he or she understands that ADEA is a federal statute that prohibits discrimination, on the basis of age, in employment, benefits, and benefit plans. If ADEA applies to Employee, Employee wishes to waive any and all claims under ADEA that he or she may have, as of the Effective Date, against the Released Parties, and hereby waives such claims. Employee further understands that, by signing this Agreement, he or she is in fact waiving, releasing, and forever giving up any claim under ADEA against the Released Parties that may have existed on or prior to the Effective Date. Employee acknowledges that the Company has informed Employee that he or she has, at his or her option, if ADEA applies to Employee, at least 21 days following the date he or she received a copy of this Agreement in which to sign the waiver of this claim under ADEA, which option Employee may waive by signing this Agreement prior to the end of such 21-day period. Employee also understands that, if ADEA applies to Employee, Employee has seven days following the date on which Employee signs this Agreement within which to revoke the release contained in this paragraph, by providing to the Company a written notice of his or her revocation of the release and waiver contained in this paragraph. Employee further understands that this right to revoke the release contained in this paragraph relates only to this paragraph and does not act as a revocation of any other term of this Agreement.

Release and Waiver of Claims Under the Age Discrimination in Employment Act. Employee The Executive acknowledges that the Company has Corporation advised Employee him or her to consult with an attorney of his or her choosing, and through this Agreement advise Employee advises him or her to consult with Employee’s his or her attorney with respect to possible claims under the Age Discrimination in Employment Act of 1967, as amended (“"ADEA”"), and Employee the Executive acknowledges that he or she understands that ADEA is a federal Federal statute that prohibits discrimination, on the basis of age, in employment, benefits, and benefit plans. If ADEA applies to Employee, Employee The Executive wishes to waive any and all claims under the ADEA that he or she may have, as of the Effective Termination Date, against the Released PartiesCorporation, and their respective shareholders, employees, or successors, and hereby waives such claims. Employee The Executive further understands that, that by signing this Agreement, Agreement he or she is in fact waiving, releasing, releasing and forever giving up any claim under the ADEA against the Released Parties Corporation that may have existed on or prior to the Effective Termination Date. Employee The Executive acknowledges that the Company has Corporation have informed Employee him or her that he or she has, at his or her option, if ADEA applies to Employee, at least 21 twenty-one (21) days following the date he or she received a copy of this Agreement Termination Date in which to sign the waiver of this claim under ADEA, which option Employee may and he or she does hereby knowingly and voluntarily waive by signing this Agreement prior to the end of such said twenty-one (21-) day period. Employee The Executive also understands that, if ADEA applies to Employee, Employee that he or she has seven (7) days following the date on which Employee he or she signs this Agreement within which to revoke the release contained in this paragraph, paragraph by providing to the Company Corporation a written notice of his or her revocation of the release and waiver contained in this paragraph. Employee The Executive further understands that this right to revoke the release contained in this paragraph relates only to this paragraph and does not act as a revocation of any other term of this Agreement.

Release and Waiver of Claims Under the Age Discrimination in Employment Act. Employee The Executive acknowledges that the Company has advised Employee encouraged him to consult with an attorney of his or her choosing, and through this Agreement advise Employee encourages him to consult with Employee’s his attorney with respect to possible claims under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), ) and Employee that the Executive acknowledges that he or she understands that the ADEA is a federal statute that prohibits discrimination, on the basis of age, in employment, benefits, and benefit plans. If ADEA applies to Employee, Employee The Executive wishes to waive any and all claims under the ADEA that he or she may have, as of the Effective Termination Date, against the Released PartiesCompany, its shareholders, employees, or successors and hereby waives such claims. Employee The Executive further understands that, that by signing this Agreement, Agreement he or she is in fact waiving, releasing, releasing and forever giving up any claim under the ADEA against the Released Parties that may have existed on or prior to the Effective Termination Date. Employee The Executive acknowledges that the Company has informed Employee him that he or she has, has at his or her option, if ADEA applies to Employee, at least 21 twenty-one (21) days following the date he or she received a copy of this Agreement in which to sign the waiver of this claim under ADEA, which option Employee may and he does hereby knowingly and voluntarily waive by signing this Agreement prior to the end of such said twenty-one (21-) day period. Employee The Executive also understands that, if ADEA applies to Employee, Employee that he has seven (7) days following the date on which Employee signs this Agreement Termination Date within which to revoke the release contained in this paragraph, section by providing to the Company a written notice of his or her revocation of the release and waiver contained in this paragraphsection to the Company. Employee The Executive further understands that this right to revoke the release contained in this paragraph section relates only to this paragraph section and does not act as a revocation of any other term of this Agreement.

Release and Waiver of Claims Under the Age Discrimination in Employment Act. Employee Executive acknowledges that the Company has advised Employee encouraged him to consult with an attorney of his or her choosing, and through this Agreement advise Employee Release encourages him to consult with Employee’s his attorney with respect to possible claims under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), as well as under all other federal, state and Employee local laws within the scope of Section 1, above, and that Executive acknowledges that he or she understands that ADEA is a federal statute that prohibits discrimination, on the basis of age, in employment, benefits, and benefit plans. If ADEA applies to Employee, Employee Executive wishes to waive any and all claims under ADEA ADEA, as well as under all other federal, state and local laws within the scope of Section 1, above, that he or she may have, as of the Effective Date, against the Released PartiesCompany, and hereby waives such claims. Employee Executive further understands that, that by signing this Agreement, Release he or she is in fact waiving, releasing, releasing and forever giving up any claim under ADEA against ADEA, as well as all other federal, state and local laws within the Released Parties scope of Section 1, above, that may have existed on or prior to the Effective Date. Employee Without detracting in any respect from any other provision of this Release: Executive agrees and acknowledges that this Release constitutes a knowing and voluntary waiver of all rights or claims he has or may have against the Company (except as otherwise provided in Section 1(c)), including but not limited to, all rights or claims arising under ADEA; and that he has no physical or mental impairment of any kind that has interfered with his ability to read and understand the meaning of this Release or its terms, and that he is not acting under the influence of any medication, drug or chemical of any type in entering into this Release. Executive understands that, by entering into this Release, he does not waive rights or claims under ADEA that may arise after the Effective Date of the execution of this Release. Executive agrees and acknowledges that the Company has informed Employee consideration provided to him under this Release is in addition to anything of value to which he is already entitled. Executive acknowledges that he or she has, at his or her option, if ADEA applies to Employee, was informed that he had at least 21 [21][45] calendar days in which to review and consider this Release, and in which to consult with his attorney regarding the terms and effect of this Release. Notwithstanding anything contained herein to the contrary, this Release will not become effective or enforceable for a period of seven (7) calendar days following the Effective Date (i.e., the date he or she received a copy of execution by Executive), during which time Executive may revoke his acceptance of this Agreement Release by notifying at the Company, fax number: in which to sign the waiver of this claim under ADEAwriting. To be effective, which option Employee may waive such revocation must be received by signing this Agreement prior to the end of such 21-day period. Employee also understands that, if ADEA applies to Employee, Employee has seven days following the date on which Employee signs this Agreement within which to revoke the release contained in this paragraph, by providing to the Company no later than 5:00 p.m. on the seventh calendar day following its execution. If required by law, attached hereto is a written notice of his or her revocation of the release and waiver contained in this paragraph. Employee further understands that this right to revoke the release contained in this paragraph relates only to this paragraph and does not act as a revocation of any other term of this Agreementschedule setting forth certain information required under 29 C.F.R. § 1625.22.

Release and Waiver of Claims Under the Age Discrimination in Employment Act. Employee Executive acknowledges that the Company has hereby advised Employee him to consult with an attorney of his or her choosingchoosing before signing this Agreement, and through this Agreement advise Employee advises him in writing to consult with Employee’s his attorney with respect to possible claims under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), ) and Employee the Older Workers Benefit Protection Act of 1990 (the “OWBPA”) and Executive acknowledges that he or she understands that the ADEA is a federal statute that prohibits discrimination, on the basis of age, in employment, benefits, benefits and benefit plans. If ADEA applies to Employee, Employee Executive wishes to waive any and all claims under the ADEA and the OWBPA that he or she may have, as of the Effective Datedate of execution of this Agreement, against the Released Parties, and hereby waives such claims. Employee Executive further understands that, by signing this Agreement, he or she is in fact waiving, releasing, releasing and forever giving up any claim under the ADEA and the OWBPA against the Released Parties Company that may have existed on or prior to the Effective Datedate of execution of this Agreement. Employee Executive acknowledges that the Company has informed Employee him that he or she has, at his or her option, if ADEA applies to Employee, at least 21 forty-five (45) days following the date he or she received a copy later of Executive’s receipt of this Agreement or the Date of Termination in which to sign the waiver of this claim under ADEAAgreement, which option Employee Executive may waive by signing this Agreement prior to the end of such 21forty-day five (45)-day period. Employee Any changes to this Agreement, whether material or immaterial, shall not extend the time that Executive has to review and sign this Agreement. Executive also understands that, if ADEA applies to Employee, Employee that he has seven (7) days following the date on which Employee he signs this Agreement within which to revoke the release contained in this paragraphSection 2, by providing to the Company a written notice of his or her revocation of the release and waiver contained in this paragraphSection 2. Employee Executive further understands that this right to revoke the release contained in this paragraph Section 2 relates only to this paragraph Section 2 and does not act as a revocation of any other term of this Agreement.. Provided Executive executes this Agreement within such forty-five (45) day review period and does not effectively revoke his release of claims contained in this Section 2, Executive’s release of claims under the ADEA and OWBPA shall take effect on the eighth (8th) day after Executive signed this Agreement. Executive acknowledges that Executive has received the disclosure of (i) any class, unit, or group of individuals covered by the Company’s involuntary termination program applicable to Executive’s decisional unit, (ii) any selection factors for the program, (iii) any time limits applicable to the program and (iv) the job titles and ages of all individuals selected for the program, and the ages of all individuals in the same job classification or organizational unit (meaning the same decisional unit) who were not selected for the program (the “Disclosure”). The Disclosure is attached hereto as Exhibit A.

Release and Waiver of Claims Under the Age Discrimination in Employment Act. Employee acknowledges that the Company has advised Employee to consult with an attorney The release in Section 4(b)(i) of his or her choosing, and through this Agreement advise Employee to consult with Employee’s attorney with respect to possible specifically includes a waiver and release of any and all claims which the Executive has or may have, as of the date hereof, under the Age Discrimination in Employment Act of 1967, as amended amended, (“ADEA”)) based on the Executive’s employment with the Company, or termination thereof, or any act or omission occurring on or before the date on which the Executive executes this Agreement. The Executive acknowledges that the Company has hereby advised him to consult with his attorney with respect to possible claims under the ADEA, and Employee the Executive acknowledges that he or she understands that ADEA is a federal statute that prohibits discrimination, discrimination on the basis of age, age in employment, benefits, and benefit plans. If ADEA applies to Employee, Employee wishes to waive any and all claims under ADEA that he or she may have, as of the Effective Date, against the Released Parties, and hereby waives such claims. Employee The Executive further understands that, by signing this Agreement, he or she is in fact waiving, releasing, and forever giving up any claim under the ADEA against the Released Parties Company that may have existed on or prior to the Effective Datedate hereof. Employee The Executive acknowledges that the Company has informed Employee him that he or she has, at his or her option, if ADEA applies to Employee, at least 21 twenty-one (21) days following the date he or she received a copy of this Agreement hereof in which to sign the waiver of this claim under the ADEA, which option Employee the Executive may waive by signing this Agreement prior to the end of such twenty-one (21-) day period. Employee The Executive also understands that, if ADEA applies to Employee, Employee that he has seven (7) days following the date on which Employee he signs this Agreement within which to revoke the release contained in this paragraph, Section 5 (the “ADEA Revocation Period”) by providing to the Company a written notice of his or her revocation of the release and waiver contained in this paragraphSection 5. Employee The Executive further understands that this right to revoke the release contained in this paragraph Section 5 relates only to this paragraph Section 5 and does not act as a revocation of any other term of this Agreement.

Release and Waiver of Claims Under the Age Discrimination in Employment Act. Employee Executive acknowledges that the Company has Companies hereby advised Employee him to consult with an attorney of his or her choosing, and through this Agreement advise Employee him to consult with Employee’s his attorney with respect to possible claims under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), and Employee Executive acknowledges that he or she understands that the ADEA is a federal statute that prohibits discrimination, on the basis of age, in employment, benefits, benefits and benefit plans. If ADEA applies to Employee, Employee Executive wishes to waive any and all claims under the ADEA that he or she may have, as of the Effective Date, against the Released Parties, and hereby waives such claims. Employee Executive further understands that, by signing this Agreement, he or she is in fact waiving, releasing, releasing and forever giving up any claim under the ADEA against the Released Parties that may have existed on or prior to the Effective Date. Employee Executive acknowledges that the Company has Companies have informed Employee him that he or she has, at his or her option, if ADEA applies to Employee, at least 21 twenty-one (21) days following the date he or she received a copy of this Agreement Effective Date in which to sign the waiver of this claim under ADEA, which option Employee Executive may waive by signing this Agreement prior to the end of such twenty-one (21-) day period. Employee Executive also understands that, if ADEA applies to Employee, Employee that he has seven (7) days following the date on which Employee he signs this Agreement within which to revoke the release contained in this paragraph, by providing to the Company Companies a written notice of his or her revocation of the release and waiver contained in this paragraph. Employee Executive further understands that this right to revoke the release contained in this paragraph relates only to this paragraph and does not act as a revocation of any other term of this Agreement.