Common use of Revocation Period Clause in Contracts

Revocation Period. Employee, the Bank and the Company acknowledge and agree that (i) Employee has twenty-one (21) days from Employee’s receipt of this Release Agreement in which to consider its terms (including, without limitation, Employee’s release and waiver of any and all claims under the Age Discrimination in Employment Act) before executing it, although Employee may execute this Release Agreement earlier if Employee chooses (but not earlier than Employee’s Termination Date), (ii) Employee will have seven (7) days after Employee’s execution of this Release Agreement in which to revoke this Release Agreement (including, without limitation, Employee’s release and waiver of any and all claims under the Age Discrimination in Employment Act), in which event a written notice of revocation must be received by the Chief Executive Officer of the Bank before the expiration of this seven (7) day revocation period, and (iii) this Release Agreement will not become effective and enforceable until this seven (7) day period has expired without revocation by Employee. Employee and the Bank and the Company further acknowledge and agree that the payments and benefits specified in Section 6.2(a) or Section 6.2(b), as applicable of the Agreement will not be made, the Release Agreement will become null and void, unless and until each of the following four conditions are satisfied: (a) Employee executes the Release Agreement within twenty-one (21) days after receiving it, (b) Employee returns the executed Release Agreement to the Bank no later than five (5) working days after executing it, (c) the Release Agreement by its terms becomes effective and enforceable after the seven (7) day revocation period specified in the preceding paragraph has expired without revocation by Employee, and (d) Employee returns all materials (pursuant to Section 12 of the Employment Agreement) to the Bank no later than five (5) days after the Termination Date.

Appears in 6 contracts

Samples: Release Agreement (Heritage Commerce Corp), Employment Agreement (Heritage Commerce Corp), Employment Agreement (Heritage Commerce Corp)

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Revocation Period. Employee acknowledges that Employee is knowingly and voluntarily waiving and releasing any rights Employee may have under the ADEA and OWBPA. Employee also acknowledges that the consideration given for the waiver and release set forth in paragraphs 3 and 4 of this Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that Employee has been advised by this writing, as required by the OWBPA Act, that: (1) Employee’s waiver and release does not apply to any rights or claims that may arise after the effective date of this Agreement, the Bank and the Company acknowledge and agree or that are otherwise prohibited from release by law; (i2) Employee should consult with an attorney prior to executing this Agreement; (3) Employee has twentyup to forty-one five (2145) days from Employee’s receipt of this Release Agreement in which the Separation Date to consider its terms this Agreement (including, without limitation, Employee’s release and waiver of any and all claims under the Age Discrimination in Employment Act) before executing it, although Employee may execute this Release Agreement earlier if Employee chooses (but not earlier than at the Employee’s Termination Datediscretion), ; (ii4) Employee will have has seven (7) days after following execution of this Agreement to revoke the Agreement; and (5) this Agreement shall not be effective until the date upon which the revocation period has expired. Employee shall provide a fully executed copy of this Agreement to the Company, attention Xxxxxx XxXxxxx, the date of execution of which by Employee shall begin the seven-day revocation period. Employee may revoke this Release only by giving Xx. XxXxxxx, formal, written notice of the revocation of this Agreement, which should be addressed to Skullcandy, Attn: Xxxxxx XxXxxxx, 0000 Xxx Xxxxxxxxx, Xxxxx 000, Xxxx Xxxx, XX 00000, and which should be received by Xx. XxXxxxx, by the close of business on the seventh (7th) day following Employee’s execution of this Release Agreement in which to revoke this Release Agreement (including, without limitation, Employee’s release and waiver of any and all claims under the Age Discrimination in Employment Act), in which event a written notice of revocation must be received by the Chief Executive Officer of the Bank before the expiration of this seven (7) day revocation period, and (iii) this Release Agreement will not become effective and enforceable until this seven (7) day period has expired without revocation by Employee. Employee and the Bank and the Company further acknowledge and agree that the payments and benefits specified in Section 6.2(a) or Section 6.2(b), as applicable of the Agreement will not be made, the Release Agreement will become null and void, unless and until each of the following four conditions are satisfied: (a) Employee executes the Release Agreement within twenty-one (21) days after receiving it, (b) Employee returns the executed Release Agreement to the Bank no later than five (5) working days after executing it, (c) the Release Agreement by its terms becomes effective and enforceable after the seven (7) day revocation period specified in the preceding paragraph has expired without revocation by Employee, and (d) Employee returns all materials (pursuant to Section 12 of the Employment Agreement) to the Bank no later than five (5) days after the Termination Date.

Appears in 3 contracts

Samples: Separation Agreement (Skullcandy, Inc.), Separation Agreement (Skullcandy, Inc.), Skullcandy, Inc.

Revocation Period. Employee, the Bank and the Company acknowledge and agree that (i) Employee has twenty-one (21) days from Employee’s receipt For a period of this Release Agreement in which to consider its terms (including, without limitation, Employee’s release and waiver of any and all claims under the Age Discrimination in Employment Act) before executing it, although Employee may execute this Release Agreement earlier if Employee chooses (but not earlier than Employee’s Termination Date), (ii) Employee will have seven (7) calendar days after following Employee’s execution of this Release Agreement in which to Agreement, Employee may revoke this Release Agreement (including, without limitation, Employee’s release and waiver by delivery of any and all claims under the Age Discrimination in Employment Act), in which event a written notice of revocation must be received by revoking same within that seven (7)-day period to the Chief Executive Officer office of the Bank before the expiration of this General Counsel, EQT Corporation, 600 Xxxxxxx Xxxxxx, Xxxxx 0000, Xxxxxxxxxx, XX, 00000. This Agreement shall not be effective or enforceable until that seven (7) day 7)-day revocation period, and (iii) this Release Agreement will not become effective and enforceable until this seven (7) day period has expired without revocation by Employee(i.e., on the eighth (8th) calendar day after Employee signs and delivers to EQT this Agreement) (the “Effective Date”). Employee and Notwithstanding the Bank and foregoing, EQT’s obligation to make any of the Company further acknowledge and agree that payments, or provide any of the payments and benefits specified benefits, described in Section 6.2(a) 4 of this Agreement is strictly contingent upon Employee’s re-execution and non-revocation of this Agreement on the day following the Separation Date or Section 6.2(b), as applicable of the Agreement will not be made, the Release Agreement will become null and void, unless and until each of the following four conditions are satisfied: (a) Employee executes the Release Agreement within twenty-one (21) days after receiving itthereafter. The date of Employee’s re-execution of this Agreement is referred to herein as the “Re-Execution Date.” By re-executing this Agreement, (b) Employee returns the executed Release Agreement advances to the Bank no later than five (5) working days after executing itRe-Execution Date Employee’s general waiver and release of claims against the Releasees and other covenants, (c) including the Release Agreement by its terms becomes effective and enforceable after re-affirmation of the covenants contained in the Non-Compete Agreement. Employee has seven (7) day revocation period specified calendar days from the Re-Execution Date to revoke Employee’s re-execution of this Agreement in accordance with this Section 11. In the preceding paragraph has expired without event of such revocation by Employee, and (d) Employee returns all materials (pursuant to Section 12 the date of the Employment Agreement) releases and covenants set forth in this Agreement shall not be advanced to the Bank no later than five Separation Date, but shall remain effective up to and including the date upon which Employee originally signs this Agreement. Provided that Employee does not revoke Employee’s re-execution of this Agreement within such seven (57)-day period, the “Second Release Effective Date” shall occur on the eighth (8th) days calendar day after the Termination Re-Execution Date. Regardless of whether Employee signs or re-executes this Agreement, to the extent Employee participated in EQT’s group health plans, coverage will cease on the day following the Separation Date. At that time, if Employee participated in EQT’s group health plans, Employee will be eligible to continue Employee’s group health plan benefits for Employee and Employee’s eligible dependents, subject to the terms and conditions of EQT’s benefit plans, federal law, including COBRA, and, as applicable, state insurance laws.

Appears in 1 contract

Samples: Transition Agreement and General Release (EQT Corp)

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Revocation Period. Employee, the Bank and the Company acknowledge and agree that (i) Employee has twenty-one (21) days from Employee’s receipt of this Release Agreement in which to consider its terms (including, without limitation, Employee’s release and waiver of any and all claims under the Age Discrimination in Employment Act) before executing it, although Employee may execute this Release Agreement earlier if Employee chooses (but not earlier than Employee’s Termination Date), (ii) Employee will have seven (7) days after Employee’s execution of this Release Agreement in which to revoke this Release Agreement (including, without limitation, Employee’s release and waiver of any and all claims under the Age Discrimination in Employment Act), in which event a written notice of revocation must be received by the Chief Executive Officer of the Bank before the expiration of this seven (7) day revocation period, and (iii) this Release Agreement will not become effective and enforceable until this seven (7) day period has expired without revocation by Employee. Employee and the Bank and the Company further acknowledge and agree that the payments and benefits specified in Section 6.2(a) or Section 6.2(b), as applicable of the Agreement will not be made, the Release Agreement will become null and void, unless and until each of the following four conditions are satisfied: (a) Employee executes the Release Agreement within twenty-one (21) days after receiving it, (b) Employee returns the executed Release Agreement to the Bank no later than five (5) working days after executing it, (c) the Release Agreement by its terms becomes effective and enforceable after the seven (7) day revocation period specified in the preceding paragraph has expired without revocation by Employee, and (d) Employee returns all materials (pursuant to Section 12 of the Employment Agreement) to the Bank no later than five (5) days after the Termination Date.. BN 70487409v1 ​

Appears in 1 contract

Samples: Release Agreement (Heritage Commerce Corp)

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