Common use of Specific Release of ADEA Claims Clause in Contracts

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company in connection with his termination to consult with an attorney of his choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he has seven (7) days following the date on which he signs this Agreement within which to revoke the release contained in this paragraph 2(b), by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.

Appears in 9 contracts

Samples: Viacom Inc., Viacom Inc., Viacom Inc.

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Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims arising under ADEA that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)Agreement. By signing this Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company in connection with his termination to consult with an attorney of his choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he has seven (7) days following the date on which he signs this Agreement within which to revoke the release contained in this paragraph 2(b)paragraph, by providing the Company with a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPAparagraph.

Appears in 8 contracts

Samples: Employment Agreement (SafeNet Holding Corp), Employment Agreement (Milacron Holdings Corp.), Employment Agreement (Milacron Holdings Corp.)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Employee in this Agreement, the Releasors hereby irrevocably and unconditionally release fully and forever waive, release, and discharge the Releasees from any and all Claims that Claims, whether known or unknown, from the Releasors may have as beginning of time to the date of the date the Executive signs Employee's execution of this Agreement arising under the Federal Age Discrimination in Employment Act of 1967(ADEA), as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)its implementing regulations. By signing this Agreement, the Executive Employee hereby acknowledges and confirms that: the following: (i) Employee has read this Agreement in its entirety and understands all of its terms; by this Agreement, the Executive was Employee has been advised by in writing of the Company in connection with his termination right to consult with an attorney of his choice prior the Employee's choosing before executing this Agreement; the Employee knowingly, freely, and voluntarily assents to signing all of the terms and conditions set out in this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEAwaiver, release, and covenants contained in it; the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of Employee is executing this Agreement; , including the waiver and (iv) the Executive is providing this release and discharge only release, in exchange for good and valuable consideration in addition to anything of value to which the Executive Employee is already otherwise entitled. The Executive also ; the Employee was given at least twenty-one (21) days to consider the terms of this Agreement and consult with an attorney of the Employee's choice, although the Employee may sign it sooner if desired and changes to this Agreement, whether material or immaterial, do not restart the running of the 21-day period; the Employee understands that he the Employee has seven (7) days following the date on which he signs from signing this Agreement within which to revoke the release in this paragraph by delivering a notice of revocation as indicated in section 17; and the Employee understands that the release contained in this paragraph 2(b)does not apply to rights and claims that may arise after the Employee signs this Agreement. These releases cover both claims that Employee knows about or may not know about or expect to exist, by providing at the Company a written notice of his revocation time of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions signing of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.

Appears in 6 contracts

Samples: Separation Agreement and Release, Separation Agreement and Release, Separation Agreement and Release

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims arising under ADEA that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)Agreement. By signing this Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company in connection with his termination to consult with an attorney of his choice prior to signing this Agreement Agreement: and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he has seven (7) days following the date on which he signs this Agreement within which to revoke the release contained in this paragraph 2(b)Section, by providing the Company with a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPASection.

Appears in 5 contracts

Samples: Employment Agreement (First Western Financial Inc), Employment Agreement (First Western Financial Inc), Employment Agreement (First Western Financial Inc)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company in connection with his her termination to consult with an attorney of his her choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his her choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he she has seven (7) days following the date on which he she signs this Agreement within which to revoke the release contained in this paragraph 2(b), by providing the Company a written notice of his her revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his her right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him her under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him her and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.

Appears in 5 contracts

Samples: Viacom Inc., CBS Corp, CBS Corp

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreementin this Release, the Releasors hereby irrevocably and unconditionally fully and forever waive, release and forever discharge the Releasees from any and all Claims that Claims, whether known or unknown, from the Releasors may have as beginning of time to the date of the date the Executive signs Executive’s execution of this Agreement Release arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”), as amended, and its implementing regulations. By signing this AgreementRelease, the Executive hereby acknowledges and confirms the followingthat: (i) the Executive was has read this Release in its entirety and understands all of its terms; (ii) the Executive has been advised by the Company in connection with his termination of and has availed him/herself of his/her right to consult with an his/her attorney of his choice prior to signing executing this Agreement and to have such attorney explain to Release; (iii) the Executive knowingly, freely and voluntarily assents to all of the terms of and conditions set out in this Agreement, Release including, without limitation, the terms relating to the Executive’s waiver, release of claims arising under ADEA, and the Executive has in fact consulted with an attorneycovenants contained herein; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing executing this release Release, including the waiver and discharge only release, in exchange for good and valuable consideration in addition to anything of value to which he is otherwise entitled; (v) the Executive is already entitled. The was given at least [twenty-one (21)/forty-five (45)] days to consider the terms of this Release and consult with an attorney of his/her choice, although he may sign it sooner if desired; (vi) the Executive also understands that he has seven (7) days following from the date on which he signs this Agreement within which Release to revoke the release in this paragraph by delivering notice of revocation to [NAME] at the Employer, [EMPLOYER ADDRESS] by e-mail/fax/overnight delivery before the end of such seven-day period; and (vii) the Executive understands that the release contained in this paragraph 2(b), by providing does not apply to rights and claims that may arise after the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if date on which the Executive exercises his right to revoke the release contained in signs this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPARelease.

Appears in 4 contracts

Samples: Executive Employment Agreement (Berry Petroleum Corp), Executive Employment Agreement (Berry Petroleum Corp), Executive Employment Agreement (Berry Petroleum Corp)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company in connection with his [his] [her] termination to consult with an attorney of his [his] [her] choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his [his] [her] choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he [he] [she] has seven (7) days following the date on which he [he] [she] signs this Agreement within which to revoke the release contained in this paragraph 2(b), by providing the Company a written notice of his [his] [her] revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his [his] [her] right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him [him] [her] under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him [him] [her] and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.

Appears in 4 contracts

Samples: Paramount Global, CBS Corp, Paramount Global

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Severance Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was was, and is hereby, advised by the Company in connection with his Executive’s termination to consult with an attorney of his Executive’s choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 twenty-one (21) days to consider the terms of this Agreement and to consult with an attorney of his Executive’s choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the payments and benefits provided to Executive is providing in consideration of this release and discharge only in exchange for consideration are in addition to anything of value any amounts otherwise owed to which the Executive; and (v) this Agreement is written in a manner designed to be understood by Executive is already entitledand Executive understands it. The Executive also understands that he Executive has seven (7) days following the date on which he Executive signs this Agreement within which to revoke the release contained in this paragraph 2(b)paragraph, by providing the Company a written notice of his Executive’s revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPAparagraph.

Appears in 4 contracts

Samples: Change in Control Severance Benefits Agreement (Rentech, Inc.), Change in Control Severance Benefits Agreement (Rentech, Inc.), Change in Control Severance Benefits Agreement (Rentech, Inc.)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreement, the Releasors hereby irrevocably and unconditionally fully and forever waive, release and forever discharge the Releasees from any and all Claims that Claims, whether known or unknown, from the Releasors may have as beginning of time to the date of the date the Executive signs execution of this Agreement Release arising under the Federal Age Discrimination in Employment Act of 1967(ADEA), as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)its implementing regulations. By signing this AgreementRelease, the Executive hereby acknowledges and confirms the followingthat: (i) the Executive was has read this Release in its entirety and understands all of its terms; (ii) the Executive has been advised by the Company in connection with his termination of and has availed him/herself of his/her right to consult with an his/her attorney of his choice prior to signing executing this Agreement; (iii) the Executive knowingly, freely and voluntarily assents to all of the terms and conditions set out in this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s waiver, release of claims arising under ADEA, and the Executive has in fact consulted with an attorneycovenants contained herein; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing executing this release Agreement, including the waiver and discharge only release, in exchange for good and valuable consideration in addition to anything of value to which he/she is otherwise entitled; (v) the Executive is already entitled. The was given twenty-one (21) days to consider the terms of this Release and consult with an attorney of his/her choice, although he/she may sign it sooner if desired; (vi) the Executive also understands that he he/she has seven (7) days following from the date on which he he/she signs this Agreement within which Release to revoke the release in this paragraph by delivering notice of revocation to the then Chairperson of the Compensation Committee, at the Chairperson’s e-mail address or home address as then maintained on the Company’s records before the end of such seven-day period; and (vii) the Executive understands that the release contained in this paragraph 2(b), by providing does not apply to rights and claims that may arise after the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if date on which the Executive exercises his right to revoke the release contained in signs this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPARelease.

Appears in 2 contracts

Samples: Executive Agreement (ATN International, Inc.), Executive Agreement (ATN International, Inc.)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims arising under ADEA that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)Agreement. By signing this Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company in connection with his termination to consult with an attorney of his choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he has seven (7) days following the date on which he signs this Agreement within which to revoke the release contained in this paragraph 2(b)Section, by providing the Company with a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPASection.

Appears in 2 contracts

Samples: Employment Agreement (First Western Financial Inc), Employment Agreement (First Western Financial Inc)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreementin this Release, the Releasors hereby irrevocably and unconditionally fully and forever waive, release and forever discharge the Releasees from any and all Claims that Claims, whether known or unknown, from the Releasors may have as beginning of time to the date of the date the Executive signs Executive’s execution of this Agreement Release arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”), as amended, and its implementing regulations. By signing this AgreementRelease, the Executive hereby acknowledges and confirms the followingthat: (i) the Executive was has read this Release in its entirety and understands all of its terms; (ii) the Executive has been advised by the Company in connection with his termination of and has availed him/herself of Executive’s right to consult with an Executive’s attorney of his choice prior to signing executing this Agreement and to have such attorney explain to Release; (iii) the Executive knowingly, freely and voluntarily assents to all of the terms of and conditions set out in this Agreement, Release including, without limitation, the terms relating to the Executive’s waiver, release of claims arising under ADEA, and the Executive has in fact consulted with an attorneycovenants contained herein; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing executing this release Release, including the waiver and discharge only release, in exchange for good and valuable consideration in addition to anything of value to which Executive is otherwise entitled; (v) the Executive is already entitled. The was given at least [twenty-one (21)/forty-five (45)] days to consider the terms of this Release and consult with an attorney of Executive’s choice, although Executive also may sign it sooner if desired; (vi) the Executive understands that he Executive has seven (7) days following from the date on which he Executive signs this Agreement within which Release to revoke the release in this paragraph by delivering notice of revocation to [NAME] at the Employer, [EMPLOYER ADDRESS] by e-mail/fax/overnight delivery before the end of such seven (7)-day period; and (vii) the Executive understands that the release contained in this paragraph 2(b), by providing does not apply to rights and claims that may arise after the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if date on which the Executive exercises his right to revoke the release contained in signs this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPARelease.

Appears in 2 contracts

Samples: Executive Employment Agreement (Berry Corp (Bry)), Executive Employment Agreement (Berry Corp (Bry))

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims arising under ADEA that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)Agreement. By signing this Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company in connection with his her termination to consult with an attorney of his her choice prior to signing this Agreement Agreement: and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his her choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he she has seven (7) days following the date on which he she signs this Agreement within which to revoke the release contained in this paragraph 2(b)Section, by providing the Company with a written notice of his her revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPASection.

Appears in 2 contracts

Samples: Employment Agreement (First Western Financial Inc), Employment Agreement (First Western Financial Inc)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment you by this Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees Released Parties from any and all Claims that the Releasors may have as of the date the Executive signs you sign this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, the Executive you hereby acknowledges acknowledge and confirms the followingconfirm that: (i) the Executive was in connection with your termination of employment, you have been advised by the Company in connection with his termination to consult with an attorney of his your choice prior to before signing this Agreement and to have such the attorney explain to the Executive the terms and effect of signing this Agreement, including, without limitation, the terms relating to the Executive’s including your release of claims arising under the ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was you were given a period of not fewer no less than 21 twenty-one (21) days to consider the terms of this the Agreement and to consult with an attorney of his choosing with respect theretoyour choice, although you may sign it sooner if desired; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is you are providing this release and discharge only in exchange for consideration in addition to anything of value to that which the Executive is you are already entitled. The Executive also understands ; (iv) you understand that he has you have seven (7) days following from the date on which he signs of signing this Agreement within which to revoke the release contained in this paragraph 2(b), your acceptance by providing the Company with a written notice of his your revocation of the release and waiver contained in this paragraph 2(bSection to the Company’s General Counsel, at the following address: 000 Xxxxxxxx Xxx, Xxxxxxx Xxxx, Xxxxxxxxxx 00000, before the end of such seven-day period; (v) you understand that this Agreement shall not be effective until this revocation period has expired, which shall be the 8th day after you execute it (the “Effective Date”); provided, however, that if the Executive exercises his right to revoke (vi) the release contained in this paragraph 2(b), Section does not apply to rights and claims that may arise after the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment date on which you sign this Agreement and (vii) you knowingly and voluntarily accept the Company may reclaim terms of this Agreement. You further agree that any such amounts paid change to him and may terminate any benefits and payments that are subsequently due under the Employment this Agreement, except as prohibited by whether material or immaterial, will not restart the ADEA and OWBPA21-day period for you to consider the terms of this Agreement.

Appears in 1 contract

Samples: Separation Agreement and General Release (Adverum Biotechnologies, Inc.)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to Executive in the Executive under the Employment Separation Agreement, the Releasors Executive hereby irrevocably and unconditionally release fully and forever discharge waives, releases and discharges the Releasees Company from any and all Claims that claims, whether known or unknown, from the Releasors may have as beginning of time to the date of the date the Executive signs execution of this Agreement Release arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder 1967 (“ADEA”), as amended, and its implementing regulations. By signing this AgreementRelease, the Executive hereby acknowledges and confirms the followingthat: (i) the Executive was has read this Release in its entirety and understand all of its terms; (ii) Executive has been advised by the Company in connection with his termination of and has availed herself of her right to consult with an her attorney of his choice prior to signing executing this Agreement Release; (iii) Executive knowingly, freely and voluntarily assents to have such attorney explain to the Executive all of the terms of and conditions set out in this Agreement, Release including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorneyany covenants contained herein; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing executing this release and discharge only Release in exchange for good and valuable consideration in addition to anything of value to which the Executive is already otherwise entitled. The ; (v) Executive also was given at least twenty-one (21) days to consider the terms of this Release and consult with an attorney of her choice, although she may sign it sooner if desired; (vi) Executive understands that he has she have seven (7) days following from the date she signs this Release to revoke this Release by delivering written notice of revocation to Xxxxx Xxxxxxxx, Senior Vice President, Human Resources, at the address of the Company, 0000 Xxxxxxxxxx Xxxx, Xxxxx, Xxxxxxxx 00000; and (vii) Executive understands that this Release does not apply to rights and claims under the ADEA or the Older Workers Benefits Protection Act that may arise after the date on which he signs you sign this Agreement within which to revoke the release contained in this paragraph 2(b), by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive Release. This Release shall not be entitled to any amounts paid to him under become effective until the termination provisions eighth (8th) day following Executive’s execution of it (the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA“Effective Date”).

Appears in 1 contract

Samples: Confidential (Inovalon Holdings, Inc.)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination 1 This date should coincide with termination of employment and should not be filled in at the time of the signing of the employment agreement. in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company in connection with his the Executive’s termination to consult with an attorney of his the Executive’s choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 21[45]2 days to consider the terms of this Agreement and to consult with an attorney of his the Executive’s choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he the Executive has seven (7) days following the date on which he the Executive signs this Agreement within which to revoke the release contained in this paragraph 2(b), by providing the Company a written notice of his the Executive’s revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his the Executive’s right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him the Executive under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him the Executive and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.

Appears in 1 contract

Samples: Paramount Global

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreement, the Releasors hereby irrevocably and unconditionally fully and forever waive, release and forever discharge the Releasees from any and all Claims that Claims, whether known or unknown, from the Releasors may have as beginning of time to the date of the date the Executive signs execution of this Agreement Release arising under the Federal Age Discrimination in Employment Act of 1967(ADEA), as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)its implementing regulations. By signing this AgreementRelease, the Executive hereby acknowledges and confirms the followingthat: (i) the Executive was has read this Release in its entirety and understands all of its terms; (ii) the Executive has been advised by the Company in connection with his termination of and has availed him/herself of his/her right to consult with an his/her attorney of his choice prior to signing executing this Agreement and to have such attorney explain to Release; (iii) the Executive knowingly, freely and voluntarily assents to all of the terms of and conditions set out in this Agreement, Release including, without limitation, the terms relating to the Executive’s waiver, release of claims arising under ADEA, and the Executive has in fact consulted with an attorneycovenants contained herein; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing executing this release Release, including the waiver and discharge only release, in exchange for good and valuable consideration in addition to anything of value to which he/she is otherwise entitled; (v) the Executive is already entitled. The was given twenty-one (21) days to consider the terms of this Release and consult with an attorney of his/her choice, although he/she may sign it sooner if desired; (vi) the Executive also understands that he he/she has seven (7) days following from the date on which he he/she signs this Agreement within which Release to revoke the release in this paragraph by delivering notice of revocation to the then Chairperson of the Compensation Committee, at the Chairperson's e-mail address or home address as then maintained on the Employer's records before the end of such seven-day period; and (vii) the Executive understands that the release contained in this paragraph 2(b), by providing does not apply to rights and claims that may arise after the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if date on which the Executive exercises his right to revoke the release contained in signs this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPARelease.

Appears in 1 contract

Samples: Employment Agreement (Eastern Co)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Employee in this Agreement, the Releasors Employee hereby irrevocably and unconditionally release fully and forever discharge waives, releases and discharges the Releasees Released Parties from any and all Claims that claims, whether known or unknown, from the Releasors may have as beginning of time to the date the Executive signs of Employee's execution of this Agreement arising under the Federal Age Discrimination in Employment Act of 1967(ADEA), as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)its implementing regulations. By signing this Agreement, the Executive Employee hereby acknowledges and confirms the followingthat: (ia) the Executive was Employee has read this Agreement in its entirety and understands all of its terms; (b) Employee has been advised by the Company in connection with his termination of and has availed him or herself of Employee’s right to consult with an Employee’s attorney of his choice prior to signing executing this Agreement; (c) Employee knowingly, freely and voluntarily assents to all of the terms and conditions set out in this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s waiver, release of claims arising under ADEA, and the Executive has in fact consulted with an attorneycovenants contained herein; (iid) Employee is executing this Agreement, including the Executive waiver and release, in exchange for good and valuable consideration in addition to anything of value to which Employee is otherwise entitled; (e) Employee was given a period of not fewer than 21 at least 45 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect theretoEmployee’s choice, although Employee may sign it sooner if desired; (iiif) Employee understands that Employee has seven days from the Executive knowingly and voluntarily accepts date Employee signs this Agreement to revoke the terms release in this section by delivering notice of this Agreementrevocation via e-mail to Xxxxxx Xxxxx, SVP, Employee Experience at Xxxxxx_Xxxxx@xxxxx.xxx before the end of such seven-day period; and (ivg) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also Employee understands that he has seven (7) days following the date on which he signs this Agreement within which to revoke the release contained in this paragraph 2(b), by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right section does not apply to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.rights and

Appears in 1 contract

Samples: Neill Separation Agreement (Genuine Parts Co)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment in this Agreement, the Releasors hereby irrevocably and unconditionally fully and forever waive, release and forever discharge the Releasees from any and all Claims that Claims, whether known or unknown, from the Releasors may have as beginning of time to the date of the date the Executive signs Executive's execution of this Agreement arising under the Federal Age Discrimination in Employment Act of 1967(ADEA), as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)its implementing regulations. By signing this Agreement, the Executive hereby acknowledges and confirms the followingthat: (i) the Executive was has read this Agreement in its entirety and understands all of its terms; (ii) the Executive has been advised by the Company in connection with of and has availed himself of his termination right to consult with an his attorney of his choice prior to signing executing this Agreement; (iii) the Executive knowingly, freely and voluntarily assents to all of the terms and conditions set out in this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s waiver, release of claims arising under ADEA, and covenants contained herein; (iv) the Executive has is executing this Agreement, including the waiver and release, in fact consulted with an attorneyexchange for good and valuable consideration in addition to anything of value to which he is otherwise entitled; (iiv) the Executive was given a period of not fewer than 21 at least twenty-one (21) days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect theretochoice, although he may sign it sooner if desired; (iiivi) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he has seven (7) days following from the date on which he signs this Agreement within which to revoke the release in this paragraph by delivering notice of revocation to Mxxx Xxxxxxx, Chief Financial Officer, at the Employer Group, by e-mail/fax/overnight delivery before the end of such seven-day period; and (vii) the Executive understands that the release contained in this paragraph 2(b)does not apply to rights and claims that may arise after the date on which the Executive signs this Agreement. This Agreement shall not become effective, by providing until the Company a written notice of his revocation later of the release and waiver contained in this paragraph 2(b); provided, however, that if Separation Date of the eighth (8th) day after the Executive exercises his right and the Employer Group execute this Agreement. Such date shall be the “Effective Date” of this Agreement. No payments due to revoke the release contained in this paragraph 2(b), the Executive hereunder shall not be entitled to any amounts paid to him under made or begin before the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPAEffective Date.

Appears in 1 contract

Samples: Separation and Release of Claims Agreement (R F Industries LTD)

Specific Release of ADEA Claims. In further consideration As condition to the payment of the payments and benefits provided to the Executive under the Employment AgreementConsideration, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims arising under ADEA that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)Agreement. By signing this Agreement, the Executive hereby acknowledges and confirms the following: , (i) the Executive was advised by the Company in connection with his termination to consult with an attorney of his choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he has seven (7) days following the date on which he signs this Agreement Termination Date within which to revoke the release contained in this paragraph 2(b)paragraph, by providing the Company with a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if paragraph. No Consideration will be paid to the Executive exercises his right to revoke until after the release contained in expiration of this paragraph 2(bseven (7) day period without a revocation (“Effective Date”), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.

Appears in 1 contract

Samples: General Release of All Claims (Tecumseh Products Co)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreementor for Employee, the Releasors Employee hereby irrevocably and unconditionally release fully and forever discharge waives, releases and discharges the Releasees from any and all Claims that claims, whether known or unknown, from the Releasors may have as beginning of time to the date of the date the Executive signs Employee's execution of this Agreement arising under the Federal Age Discrimination in Employment Act of 1967("ADEA"), as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)its implementing regulations. By signing this Agreement, the Executive Employee hereby acknowledges and confirms the followingthat: (i) Employee has read this Agreement in its entirety and understands all of its terms; (ii) by this Agreement, the Executive was Employee has been advised by in writing of the Company in connection with his termination right to consult with an attorney of his choice prior the Employee's choosing before executing this Agreement; (iii) Employee knowingly. freely, and voluntarily assents to signing all of the terms and conditions set out in this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEAwaiver, release, and the Executive has promises contained in fact consulted with an attorneyit; (iiiv) Employee is executing this Agreement, including the Executive waiver and release, in exchange for good and valuable consideration in addition to anything of value to which Employee is otherwise entitled; (v) Employee was given a period of not fewer than 21 at least twenty-one (21) days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect theretoEmployee's choice, although the Employee may sign it sooner if desired and changes to this Agreement, whether material or immaterial, do not restart the running of the 21-day period; (iiivi) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also Employee understands that he Employee has seven (7) days following the date on which he signs from signing this Agreement within which to revoke this Agreement by delivering notice of revocation to Xxxxxxx Xxxxxxx, Chief Executive Officer at _____________________, by midnight on or before the seventh calendar day after the Employee signs the Agreement; and (vii) the Employee understands that the release contained in this paragraph 2(b), by providing does not apply to rights and claims that may arise after the Company a written notice of his revocation of the release and waiver contained in Employee signs this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.

Appears in 1 contract

Samples: Confidential Severance Agreement (Aspen Group, Inc.)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Employee in this Agreement, the Releasors hereby irrevocably and unconditionally fully and forever waive, release and forever discharge the Releasees from any and all Claims that Claims, whether known or unknown, from the Releasors may have as beginning of time to the date of the date the Executive signs Employee’s execution of this Agreement arising under the Federal Age Discrimination in Employment Act of 1967(ADEA), as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)its implementing regulations. By signing this Agreement, the Executive Employee hereby acknowledges and confirms the followingthat: (i) the Executive was Employee has read this Agreement in its entirety, and understands all of its terms; (ii) the Employee has been advised by the Company in connection with his termination of and has availed itself of Employee’s right to consult with an attorney of his choice prior to signing executing this Agreement; (iii) the Employee knowingly, freely and voluntarily assents to all of the terms and conditions set out in this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s waiver, release of claims arising under ADEA, and the Executive has in fact consulted with an attorneycovenants contained herein; (iiiv) the Executive Employee is executing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which Employee is otherwise entitled, including the obligations of Employer in Section 3; (v) the Employee was given a period of not fewer than 21 at least forty-five (45) days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect theretoEmployee’s choice, although Employee may sign it sooner if desired; (iiivi) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also Employee understands that he Employee has seven (7) days following from the date on which he Employee signs this Agreement within which to revoke the release in this paragraph by delivering notice of revocation to Xxxxx Xxxxx, CEO at the Employer, 000 Xxxxxxx Xxxxx, Xxxxx 000, Xxxx Xxxx Xxxx, Xxxx 00000, by e-mail, fax, or overnight delivery before the end of such seven-day period; and (vii) the Employee understands that the release contained in this paragraph 2(b), by providing does not apply to rights and claims that may arise after the Company a written notice of his revocation of date on which the release and waiver contained in Employee signs this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.

Appears in 1 contract

Samples: Separation and Release of Claims Agreement (Q Therapeutics, Inc.)

Specific Release of ADEA Claims. In You further consideration of the payments and benefits provided to the Executive under the Employment Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees Company Parties from any and all Claims that the Releasors Employee Parties may have as of the date the Executive signs you sign this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, the Executive hereby acknowledges you acknowledge and confirms the followingconfirm that: (i) the Executive was you have been advised by the Company in connection with his termination to consult with an attorney of his your choice prior to before signing this Agreement and to have such attorney explain to the Executive the terms Certificate of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorneyReaffirmation; (ii) the Executive was you were given a period of not no fewer than 21 twenty-one (21) days to consider the terms of this the Agreement and to consult with an attorney the Certificate of his choosing with respect theretoReaffirmation, although you may sign them sooner if desired (provided that you cannot sign the Certificate of Reaffirmation before the Separation Date); (iii) you are signing this Agreement and the Executive knowingly and voluntarily accepts the terms Certificate of this Agreement; and (iv) the Executive is providing this release and discharge only Reaffirmation in exchange for good and valuable consideration which is in addition to anything of value to which the Executive is you are already entitled. The Executive also understands that he has ; (iv) you have seven (7) days following from the date on which he signs of signing this Agreement within which to revoke this Agreement (and will have seven (7) days from the date of signing the Certificate of Reaffirmation to revoke the release contained in this paragraph 2(b), Certificate of Reaffirmation) by providing delivering to the Company a written notice of his revocation that is received by the Company before the end of such seven-day period to Xxxxx Xxxxxxxxxxx, Chief Human Resources Officer, [****], 00 Xxxx Xxxxxx, Xxxxxxx, XX 00000, but you understand that you will not be eligible for any Severance if you revoke this Transition, Separation and Release Agreement | 4 Agreement or the release Certificate of Reaffirmation because your eligibility for any such Severance is contingent upon you signing and waiver contained in this paragraph 2(b)not revoking the Agreement and Certificate of Reaffirmation; provided, however, that if the Executive exercises his right to revoke (v) the release contained in this paragraph 2(b)Section does not apply to rights and claims that may arise after the date on which you sign this Agreement or the after the date you sign the Certificate of Reaffirmation, and (vi) you knowingly and voluntarily accept the Executive shall not be entitled terms of this Agreement. You further agree that any change to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment this Agreement, except as prohibited by whether material or immaterial, will not restart the ADEA and OWBPAtwenty-one (21) day period for you to consider the terms of this Agreement.

Appears in 1 contract

Samples: Transition, Separation and Release Agreement (Vonage Holdings Corp)

Specific Release of ADEA Claims. In further consideration As condition to the payment of the payments and benefits provided to the Executive under the Employment AgreementConsideration, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims arising under ADEA that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)Agreement. By signing this Agreement, the Executive hereby acknowledges and confirms the following: , (i) the Executive was advised by the Company in connection with his termination to consult with an attorney of his choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he has seven (7) days following the date on which he signs this Agreement within which to revoke the release contained in this paragraph 2(b)paragraph, by providing the Company with a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if paragraph. No Consideration will be paid to the Executive exercises his right to revoke until after the release contained in expiration of this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPAseven (7) day period with a revocation.

Appears in 1 contract

Samples: General Release (Tecumseh Products Co)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment you by this Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees Released Parties from any and all Claims that the Releasors may have as of the date the Executive signs you sign this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, the Executive you hereby acknowledges acknowledge and confirms the followingconfirm that: (i) the Executive was in connection with your termination of employment, you have been advised by the Company in connection with his termination to consult with an attorney of his your choice prior to before signing this Agreement and to have such the attorney explain to the Executive the terms and effect of signing this Agreement, including, without limitation, the terms relating to the Executive’s including your release of claims arising under the ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was you were given a period of not fewer no less than 21 twenty-one (21) days to consider the terms of this the Agreement and to consult with an attorney of his choosing with respect theretoyour choice, although you may sign it sooner if desired; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is you are providing this release and discharge only in exchange for consideration in addition to anything of value to that which the Executive is you are already entitled. The Executive also understands ; (iv) you understand that he has you have seven (7) days following after the date on which he signs of signing this Agreement within which to revoke the release contained in this paragraph 2(b), your acceptance by providing the Company with a written notice of his your revocation of the release and waiver contained in this paragraph 2(bSection to the Company’s General Counsel, at the following address: 000 Xxxxxxxx Xxx, Xxxxxxx Xxxx, Xxxxxxxxxx 00000, before the end of such seven-day period; (v) you understand that this Agreement shall not be effective until this revocation period has expired, which shall be the 8th day after you execute it (the “Effective Date”); provided, however, that if the Executive exercises his right to revoke (vi) the release contained in this paragraph 2(b), Section does not apply to rights and claims that may arise after the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment date on which you sign this Agreement and (vii) you knowingly and voluntarily accept the Company may reclaim terms of this Agreement. You further agree that any such amounts paid change to him and may terminate any benefits and payments that are subsequently due under the Employment this Agreement, except as prohibited by whether material or immaterial, will not restart the ADEA and OWBPA21-day period for you to consider the terms of this Agreement.

Appears in 1 contract

Samples: Separation Agreement and General (Adverum Biotechnologies, Inc.)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment this Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees Trust Group, and each of their respective officers, employees, directors, trustees, shareholders and agents from any and all Claims that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company Trust in connection with his termination to consult with an attorney of his choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEAADEA and, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 twenty-one (21) days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this the release and discharge set forth in this Section 9(b) only in exchange for consideration in addition to anything of value to which the Executive is already entitled; and (iv) Executive knowingly and voluntarily accepts the terms of this Agreement. The release and discharge set forth in this Section 9(b) may be revoked by Executive also understands that he has by a written instrument signed by Executive and received by the Trust prior to the expiration of the seven (7) days following day period commencing on the date on which he Executive signs this Agreement within which to revoke the release contained in this paragraph 2(b), by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.

Appears in 1 contract

Samples: Separation Agreement and Release (Ramco Gershenson Properties Trust)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment AgreementEmployee in this Release, the Releasors hereby irrevocably and unconditionally fully and forever waive, release and forever discharge the Releasees from any and all Claims that Claims, whether known or unknown, from the Releasors may have as beginning of time to the date of the date the Executive signs Employee’s execution of this Agreement Release arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”), as amended, and its implementing regulations. By signing this AgreementRelease, the Executive Employee hereby acknowledges and confirms the followingthat: (i) the Executive was Employee has read this Release in its entirety and understands all of its terms; (ii) the Employee has been advised by the Company in connection with his termination of and has availed him/herself of Employee’s right to consult with an Employee’s attorney of his choice prior to signing executing this Agreement Release; (iii) the Employee knowingly, freely and voluntarily assents to have such attorney explain to the Executive all of the terms of and conditions set out in this Agreement, Release including, without limitation, the terms relating to the Executive’s waiver, release of claims arising under ADEA, and the Executive has in fact consulted with an attorneycovenants contained herein; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive Employee is providing executing this release Release, including the waiver and discharge only release, in exchange for good and valuable consideration in addition to anything of value to which Employee is otherwise entitled; (v) the Executive is already entitled. The Executive also Employee was given at least [twenty-one (21)/forty-five (45)] days to consider the terms of this Release and consult with an attorney of Employee’s choice, although Employee may sign it sooner if desired; (vi) the Employee understands that he Employee has seven (7) days following from the date on which he Employee signs this Agreement within which Release to revoke the release in this paragraph by delivering notice of revocation to [NAME] at the Employer, [EMPLOYER ADDRESS] by e-mail/fax/overnight delivery before the end of such seven (7)-day period; and (vii) the Employee understands that the release contained in this paragraph 2(b), by providing does not apply to rights and claims that may arise after the Company a written notice of his revocation of date on which the release and waiver contained in Employee signs this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPARelease.

Appears in 1 contract

Samples: Employment Agreement (Berry Corp (Bry))

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment this Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees Trust Group, and each of their respective officers, employees, directors, trustees, shareholders and agents from any and all Claims that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder thereunder, or the Older Workers Benefit Protection Act, 29 U.S.C. §621 et. seq.; ("ADEA"). By signing this Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company Trust in connection with his termination to consult with an attorney of his choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s 's release of claims arising under ADEAADEA and, and the Executive has in fact consulted with an attorneyattorney or had the opportunity to do so; (ii) the Executive was given a period of not fewer than 21 twenty-one (21) days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect theretoprior to signing this Agreement; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this the release and discharge set forth in this Section 8(b) only in exchange for consideration in addition to anything of value to which the Executive is already legally entitled; and (iv) Executive knowingly and voluntarily accepts the terms of this Agreement. The release and discharge set forth in this Section 8(b) may be revoked by Executive also understands that he has by a written instrument signed by Executive and received by the Trust prior to the expiration of the seven (7) days following day period commencing on the date on which he Executive signs this Agreement, and this Agreement within which to revoke shall not become effective until the release contained in this paragraph 2(b), by providing seven day revocation period has expired without Executive exercising the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPArevoke.

Appears in 1 contract

Samples: Separation Agreement and Release (Ramco Gershenson Properties Trust)

Specific Release of ADEA Claims. In further consideration of the payments Separation Pay and benefits Separation Benefits provided to the Executive under the Employment you in this Agreement, the Releasors you hereby irrevocably and unconditionally fully and forever waive, release and forever discharge the Releasees Released Parties from any and all Claims that claims, whether known or unknown, from the Releasors may have as beginning of time to the date the Executive signs of your execution of this Agreement Agreement, arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”), as amended, and its implementing regulations, including the Older Workers’ Benefit Protection Act. By signing this Agreement, the Executive you hereby acknowledges acknowledge and confirms the following: confirm that (i) the Executive was you have read this Agreement in its entirety and understand all of its terms; (ii) you have been advised by the Company in connection with his termination of and have availed yourself of your right to consult with an your attorney of his choice prior to signing executing this Agreement Agreement; (iii) you knowingly, freely and voluntarily agree to have such attorney explain to the Executive all of the terms of and conditions set out in this Agreement, including, without limitation, the terms relating to the Executive’s waiver, release of claims arising under ADEA, and the Executive has in fact consulted with an attorneycovenants contained herein; (iiiv) you are executing this Agreement, including the Executive was waiver and release, in exchange for good and valuable consideration in addition to anything of value to which you are otherwise entitled; (v) you were given a period of not fewer than 21 at least twenty-one (21) days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect theretoyour choice, although you may sign it sooner if desired; (iiivi) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands you understand that he has you have seven (7) days following from the date on which he signs you sign this Agreement within which to revoke the release in this Section by delivering notice of revocation to Xxxxx Xxxxxxxx, Vice President of Human Resources at xxxxxxxxx@xxxxxx.xxx by e-mail before the end of such seven (7)-day period; and (vii) you understand that the release contained in this paragraph 2(b)does not apply to rights and claims that may arise after the date on which you sign this Agreement. The parties agree that any changes to this Agreement, by providing whether material or not, do not restart the Company a written notice of his revocation running of the release twenty-one (21)-day period. northwest pipe company If you sign and waiver contained do not revoke this Section, this Agreement will become effective, in its entirety, on the eighth (8th) day after you sign this paragraph 2(bAgreement (the “Effective Date”); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.

Appears in 1 contract

Samples: Restricted Stock Unit Agreement (Northwest Pipe Co)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreementin this Release, the Releasors hereby irrevocably and unconditionally fully and forever waive, release and forever discharge the Releasees from any and all Claims that Claims, whether known or unknown, from the Releasors may have as beginning of time to the date of the date the Executive signs Executive’s execution of this Agreement Release arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”), as amended, and its implementing regulations. By signing this AgreementRelease, the Executive hereby acknowledges and confirms the followingthat: (i) the Executive was has read this Release in its entirety and understands all of its terms; (ii) the Executive has been advised by the Company in connection with his termination of and has availed herself of her right to consult with an her attorney of his choice prior to signing executing this Agreement and to have such attorney explain to Release; (iii) the Executive knowingly, freely and voluntarily assents to all of the terms of and conditions set out in this Agreement, Release including, without limitation, the terms relating to the Executive’s waiver, release of claims arising under ADEA, and the Executive has in fact consulted with an attorneycovenants contained herein; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing executing this release Release, including the waiver and discharge only release, in exchange for good and valuable consideration in addition to anything of value to which she is otherwise entitled; (v) the Executive is already entitled. The was given at least [twenty-one (21)/forty-five (45)] days to consider the terms of this Release and consult with an attorney of her choice, although she may sign it sooner if desired; (vi) the Executive also understands that he she has seven (7) days following from the date on which he she signs this Agreement within which Release to revoke the release in this paragraph by delivering notice of revocation to the Employer’s General Counsel by e-mail/fax/overnight delivery before the end of such seven-day period; and (vii) the Executive understands that the release contained in this paragraph 2(b), by providing does not apply to rights and claims that may arise after the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if date on which the Executive exercises his right to revoke the release contained in signs this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPARelease.

Appears in 1 contract

Samples: Executive Employment Agreement (Berry Corp (Bry))

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Specific Release of ADEA Claims. In further consideration As condition to the payment of the payments and benefits provided to the Executive under the Employment AgreementConsideration, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims arising under. ADEA that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)Agreement. By signing this Agreement, the Executive hereby acknowledges and confirms the following: , (i) the Executive was advised by the Company in connection with his termination to consult with an attorney of his choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s 's release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he has seven (7) days following the date on which he signs this Agreement within which to revoke the release contained in this paragraph 2(b)paragraph, by providing the Company with a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if paragraph. No Consideration will be paid to the Executive exercises his right to revoke until after the release contained in expiration of this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPAseven (7) day period without a revocation.

Appears in 1 contract

Samples: General Release of All Claims (Tecumseh Products Co)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreementin this Release, the Releasors hereby irrevocably and unconditionally fully and forever waive, release and forever discharge the Releasees from any and all Claims that Claims, whether known or unknown, from the Releasors may have as beginning of time to the date of the date the Executive signs Executive’s execution of this Agreement Release arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”), as amended, and its implementing regulations. By signing this AgreementRelease, the Executive hereby acknowledges and confirms the followingthat: (i) the Executive was has read this Release in its entirety and understands all of its terms; (ii) the Executive has been advised by the Company in connection with his termination of and has availed him/herself of Executive’s right to consult with an Executive’s attorney of his choice prior to signing executing this Agreement and to have such attorney explain to Release; (iii) the Executive knowingly, freely and voluntarily assents to all of the terms of and conditions set out in this Agreement, Release including, without limitation, the terms relating to the Executive’s waiver, release of claims arising under ADEA, and the Executive has in fact consulted with an attorneycovenants contained herein; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing executing this release Release, including the waiver and discharge only release, in exchange for good and valuable consideration in addition to anything of value to which Executive is otherwise entitled; (v) the Executive is already entitled. The was given at least [twenty-one (21)/forty-five (45)] days to consider the terms of this Release and consult with an attorney of Executive’s choice, although Executive also may sign it sooner if desired; (vi) the Executive understands that he Executive has seven (7) days following from the date on which he Executive signs this Agreement within which Release to revoke the release in this paragraph by delivering notice of revocation to [NAME] at the Employer, [EMPLOYER ADDRESS] by e-mail/fax/overnight delivery before the end of such seven-(7) day period; and (vii) the Executive understands that the release contained in this paragraph 2(b), by providing does not apply to rights and claims that may arise after the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if date on which the Executive exercises his right to revoke the release contained in signs this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPARelease.

Appears in 1 contract

Samples: Executive Employment Agreement (Berry Corp (Bry))

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Employee in this Agreement, the Employee Releasors hereby irrevocably and unconditionally fully and forever waive, release and forever discharge the Employer Releasees from any and all Claims that Claims, whether known or unknown, from the Releasors may have as beginning of time to the date of the date the Executive signs Employee’s execution of this Agreement arising under the Federal Age Discrimination in Employment Act of 1967(ADEA), as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)its implementing regulations. By signing this Agreement, the Executive Employee hereby acknowledges and confirms the followingthat: (i) the Executive was Employee has read this Agreement in its entirety and understands all of its terms; (ii) the Employee has been advised by the Company in connection with his termination of and has availed herself of her right to consult with an her attorney of his choice prior to signing executing this Agreement; (iii) the Employee knowingly, freely and voluntarily assents to all of the terms and conditions set out in this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s waiver, release of claims arising under ADEA, and the Executive has in fact consulted with an attorneycovenants contained herein; (iiiv) the Executive Employee is executing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which she is otherwise entitled; (v) the Employee was given a period of not fewer than at least 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect theretoher choice, although she may sign it sooner if desired; (iiivi) the Executive knowingly and voluntarily accepts Employee understands that she has seven days from the terms date she signs this Agreement to revoke the release in this paragraph by delivering notice of this Agreementrevocation to Xxxxxx Xxxxxx at the Employer by e-mail before the end of such seven-day period; and (ivvii) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also Employee understands that he has seven (7) days following the date on which he signs this Agreement within which to revoke the release contained in this paragraph 2(b), by providing does not apply to rights and claims that may arise after the Company a written notice of his revocation of date on which the release and waiver contained in Employee signs this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.

Appears in 1 contract

Samples: Separation and Release of Claims Agreement (Prima BioMed LTD)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination ¹ This date should coincide with termination of employment and should not be filled in at the time of the signing of the employment agreement. in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company in connection with his the Executive’s termination to consult with an attorney of his the Executive’s choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 21[45]² days to consider the terms of this Agreement and to consult with an attorney of his the Executive’s choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he the Executive has seven (7) days following the date on which he the Executive signs this Agreement within which to revoke the release contained in this paragraph 2(b), by providing the Company a written notice of his the Executive’s revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his the Executive’s right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him the Executive under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him the Executive and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.

Appears in 1 contract

Samples: ViacomCBS Inc.

Specific Release of ADEA Claims. In further consideration As condition to the payment of the payments and benefits provided to the Executive under the Employment AgreementConsideration, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims arising under Age Discrimination in Employment Act (“ADEA”) that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)Agreement. By signing this Agreement, the Executive hereby acknowledges and confirms the following: , (i) the Executive was advised by the Company in connection with his termination to consult with an attorney of his choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration the Consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he has seven (7) days following the date on which he signs execution of this Agreement within which to revoke the release contained in this paragraph 2(b)paragraph, by providing the Company with a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if paragraph. No Consideration will be paid to the Executive exercises his right to revoke until after the release contained in expiration of this paragraph 2(bseven (7) day period without a revocation (“Effective Date”), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.

Appears in 1 contract

Samples: Claims and Standstill Agreement (Tecumseh Products Co)

Specific Release of ADEA Claims. In further consideration of the severance payments and benefits provided to the Executive under the Employment Associate in this Agreement, the Releasors Associate hereby irrevocably and unconditionally fully and forever waive, release and forever discharge the Releasees from any and all Claims that claims, whether known or unknown, from the Releasors may have as beginning of time to the date of the date the Executive signs Associate’s execution of this Agreement arising under the Federal Age Discrimination in Employment Act of 1967ADEA, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)its implementing regulations. By signing this Agreement, the Executive Associate hereby acknowledges and confirms the followingthat: (i) the Executive was Associate has read this Agreement in its entirety and understands all of its terms; (ii) the Associate has been advised by of and has availed himself/herself of the Company in connection with his termination Associate’s right to consult with an attorney of his choice prior to signing executing this Agreement; (iii) the Associate knowingly, freely and voluntarily assents to all of the terms and conditions set out in this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s waiver, release of claims arising under ADEA, and the Executive has in fact consulted with an attorneycovenants contained herein; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive Associate is providing executing this release Agreement, including the waiver and discharge only release, in exchange for good and valuable consideration in addition to anything of value to which the Executive Associate is already otherwise entitled. The Executive also ; (v) the Associate was given at least forty-five (45) days to consider the terms of this Agreement and consult with an attorney of the Associate’s choice, although Associate may sign it sooner if desired; (vi) the Associate understands that he the Associate has seven (7) days following from the date on which he that the Associate signs this Agreement within which to revoke the release in this paragraph by delivering notice of revocation to: Xxxx Xxxxxx, Human Resources Director, at The ExOne Company, 000 Xxxxxxxx Xxxx, Xxxxx Xxxxxxxxxx, XX 00000, by overnight delivery before the end of such seven-day period; and (vii) the Associate understands that the release contained in this paragraph 2(b), by providing does not apply to rights and claims that may arise after the Company a written notice of his revocation of date on which the release and waiver contained in Associate signs this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive Agreement. This Agreement shall not be entitled to any amounts paid to him under become effective, until the termination provisions of eighth (8th) day after the Employment Agreement Associate and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment execute this Agreement, except as prohibited by provided the ADEA and OWBPAAssociate does not revoke the Associate’s acceptance within the revocation period outlined herein. Such date shall be the Effective Date of this Agreement. No payments due to the Associate hereunder shall be made or begin before the Effective Date.

Appears in 1 contract

Samples: Confidential Separation and Release Agreement (ExOne Co)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Employee in this Agreement, the Releasors hereby irrevocably and unconditionally fully and forever waive, release and forever discharge the Releasees from any and all Claims that Claims, whether known or unknown, from the Releasors may have as beginning of time to the date the Executive signs of Employee’s execution of this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, the Executive Employee hereby acknowledges and confirms the followingthat: (i) the Executive was advised by the Company in connection with his termination to consult with an attorney of his choice prior to signing Employee has read this Agreement in its entirety and to have such attorney explain to the Executive the terms understands all of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorneyits terms; (ii) Employee has been advised of and has availed himself of Employee’s right to consult with Employee’s attorney prior to executing this Agreement; (iii) Employee knowingly, freely and voluntarily assents to all of the Executive terms and conditions set out in this Agreement including the waiver, release and covenants contained herein; (iv) Employee is executing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which Employee is otherwise entitled; (v) Employee was given a period of not fewer than at least 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect theretoEmployee’s choice, although Employee may sign it sooner if desired; (iiivi) Employee understands that Employee has seven days from the Executive knowingly and voluntarily accepts date Employee signs this Agreement to revoke the terms release in this paragraph by delivering notice of this Agreementrevocation to Xxxxxxx Xxxxx, General Counsel at Lilis Energy, Inc., by e-mail at XXxxxx@xxxxxxxxxxx.xxx, before the end of such seven-day period; and (ivvii) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also Employee understands that he has seven (7) days following the date on which he signs this Agreement within which to revoke the release contained in this paragraph 2(b), by providing does not apply to rights and claims that may arise after the Company a written notice of his revocation of the release and waiver contained in date on which Employee signs this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.

Appears in 1 contract

Samples: Separation and Release of Claims Agreement (Lilis Energy, Inc.)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Employee in this Agreement, the Releasors hereby irrevocably and unconditionally release waive, release, and forever discharge the Releasees Released Parties from any and all Claims that Claims, whether known or unknown, from the Releasors may have as beginning of time through the date the Executive signs of Employee's execution of this Agreement Agreement, arising under the Federal Age Discrimination in Employment Act of 1967(ADEA), as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)its implementing regulations. By signing this Agreement, the Executive Employee hereby acknowledges and confirms the followingthat: (i) the Executive was Employee has read this Agreement in its entirety and understands all of its terms; by this Agreement, Employee has been advised by the Company in connection with his termination writing to consult with an attorney of his choice prior attorney[, and has consulted with such counsel [to the extent Employee has deemed necessary]] before signing this Agreement Agreement; Employee knowingly, freely, and voluntarily agrees to have such attorney explain to the Executive all of the terms of and conditions set out in this Agreement, Agreement including, without limitation, the terms relating to the Executive’s release of claims arising under ADEAwaiver, release, and covenants contained in it; Employee is executing this Agreement, including the Executive has waiver and release, in fact consulted with an attorneyexchange for good and valuable consideration in addition to anything of value to which Employee is otherwise entitled; (ii) the Executive Employee was given a period of not fewer than 21 at least [twenty-one (21)/forty-five (45)] days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly Employee's choice, although Employee may sign it sooner if desired[ and voluntarily accepts the terms of changes to this Agreement, whether material or immaterial, do not restart the running of the [21/45]-day period]; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also Employee understands that he Employee has seven (7) days following from the date of signing this Agreement to revoke the release in this paragraph by delivering notice of revocation to [NAME] at Employer [Group], [EMPLOYER ADDRESS] by [email/fax/overnight delivery/[OTHER METHOD OF DELIVERY]] before the end of the seven-day period; and Employee understands that the release in this paragraph does not apply to rights and claims that may arise after the date on which he Employee signs this Agreement within which to revoke the release contained in this paragraph 2(b), by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.]

Appears in 1 contract

Samples: Settlement and Release of Claims Agreement

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive you under the Employment this Agreement, the Releasors Executive Parties hereby unconditionally release and forever discharge the Releasees Company Parties from any and all Claims that the Releasors Executive Parties may have as of the date the Executive signs you execute this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, the Executive you hereby acknowledges acknowledge and confirms confirm the following: (i) the Executive was you were advised by the Company in connection with his your termination of employment to consult with an attorney of his your choice prior to signing this Agreement and to have such attorney explain to the Executive you the terms of this Agreement, including, without limitation, the terms relating to the Executive’s your release of claims arising under ADEA, and the Executive has you have in fact consulted with an attorney; (ii) the Executive was you were given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his your choosing with respect thereto; and (iii) the Executive you knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive You also understands understand that he has you have seven (7) days following the date on which he signs you sign this Agreement (the “Revocation Period”) within which to revoke the release contained in this paragraph 2(b), Section 8(f) by providing the Company a written notice of his your revocation of the release and waiver contained in this paragraph 2(bSection 8(f); provided, however, . No such revocation by you will be effective unless it is in writing and signed by you and received by the Company prior to the expiration of the Revocation Period. In the event that if the Executive exercises his right to you revoke the release contained in this paragraph 2(bSection 8(f), the Executive equity treatment provided in clauses (c), (d) and (e) of Section 4 shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement inapplicable and the Company may reclaim any RSUs and PSUs referenced in such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.clauses shall be immediately forfeited. (g)

Appears in 1 contract

Samples: Letter Agreement (Microvast Holdings, Inc.)

Specific Release of ADEA Claims. In further consideration of the payments and benefits Separation Benefits provided to the Executive under the Employment in this Agreement, the Releasors hereby irrevocably and unconditionally fully and forever waive, release and forever discharge the Releasees from any and all Claims that claims, whether known or unknown, from the Releasors may have as beginning of time to the date of the date the Executive signs Executive’s execution of this Agreement arising under the Federal Older Workers’ Benefit Protection Act and the Age Discrimination in the Employment Act of 1967(ADEA), as amended, including the Older Workers Benefit Protection Act of 1990 and its implementing regulations (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEAADEA Release”). By signing this Agreement, the Executive hereby acknowledges and confirms the followingthat: (i) the Executive was he has read this Agreement in its entirety and understands all of its terms; (ii) he has been advised by the Company in connection with of and has availed himself of his termination right to consult with an his attorney of his choice prior to signing executing this Agreement; (iii) he knowingly, freely and voluntarily assents to all of the terms and conditions set out in this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s waiver, release of claims arising under ADEA, and the Executive has in fact consulted with an attorneycovenants contained herein; (iiiv) he is executing this Agreement, including the Executive waiver and release, in exchange for good and valuable consideration in addition to anything of value to which he is otherwise entitled; (v) he was given a period of not fewer than 21 at least twenty-one (21) days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect theretochoice, although he may sign it sooner if desired; (iiivi) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also he understands that he has seven (7) days following from the date he signs this Agreement to revoke the ADEA release in this paragraph by delivering notice of revocation to the Director of Human Resources at the Company at the address listed for the Company above by overnight delivery before the end of such seven-day period; (vii) he understands that the release contained in this paragraph does not apply to rights and claims that may arise after the date on which he signs this Agreement within which to revoke the release contained Agreement; and (viii) in entering into this paragraph 2(b), by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b)Agreement, the Executive shall agrees and acknowledges that he is not be entitled to relying on any amounts paid to him under the termination provisions of the Employment Agreement and representation, promise or inducement made by the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under or its attorneys with the Employment exception of those promises described in this Agreement, except as prohibited by the ADEA and OWBPA.

Appears in 1 contract

Samples: Separation Agreement and General Release (BOVIE MEDICAL Corp)

Specific Release of ADEA Claims. In further consideration of the payments and benefits Separation Benefits provided to the Executive under the Employment in this Agreement, the Releasors hereby irrevocably and unconditionally fully and forever waive, release and forever discharge the Releasees from any and all Claims that claims, whether known or unknown, from the Releasors may have as beginning of time to the date the Executive signs of Executive’s execution of this Agreement arising under the Federal Older Workers’ Benefit Protection Act and the Age Discrimination in Employment Act of 1967(ADEA), as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)its implementing regulations. By signing this Agreement, the Executive hereby acknowledges and confirms the followingthat: (i) the Executive was he has read this Agreement in its entirety and understands all of its terms; (ii) he has been advised by the Company in connection with of and has availed himself of his termination right to consult with an his attorney of his choice prior to signing executing this Agreement; (iii) he knowingly, freely and voluntarily assents to all of the terms and conditions set out in this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s waiver, release of claims arising under ADEA, and the Executive has in fact consulted with an attorneycovenants contained herein; (iiiv) he is executing this Agreement, including the Executive waiver and release, in exchange for good and valuable consideration in addition to anything of value to which he is otherwise entitled; (v) he was given a period of not fewer than 21 at least twenty-one (21) days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect theretochoice, although he may sign it sooner if desired; (iiivi) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also he understands that he has seven (7) days following from the date he signs this Agreement to revoke the release in this paragraph by delivering notice of revocation to the Director of Human Resources at the Company at the address listed for the Company above by overnight delivery before the end of such seven-day period; (vii) he understands that the release contained in this paragraph does not apply to rights and claims that may arise after the date on which he signs this Agreement within which to revoke Agreement; and (viii) in entering into this Agreement, Executive agrees and acknowledges that he is not relying on any representation, promise or inducement made by the release contained Company or its attorneys with the exception of those promises described in this paragraph 2(b), by providing the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.

Appears in 1 contract

Samples: Separation Agreement and General Release (Apyx Medical Corp)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment this Agreement, the Releasors Executive, on behalf of himself and the other Releasors, hereby unconditionally release releases and forever discharge discharges the Releasees from any and all Claims arising under ADEA that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)Agreement. By signing this Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company in connection with his termination to consult with an attorney of his choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he has seven (7) days following the date on which he signs this Agreement within which to revoke the release contained in this paragraph 2(b)paragraph, by providing the Company with a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if paragraph. In the Executive exercises his right to revoke event of the Executive’s revocation of the release and waiver contained in this paragraph 2(bparagraph, (i) all of the Company’s obligations and the obligations of the Company Group hereunder, including the provisions of Section 4, shall be immediately without force or effect, and (ii) all of the Executive’s obligations hereunder, except the release with respect to ADEA claims contained in this Paragraph 3(c), shall continue in full force and effect, and (iii) the Company shall promptly pay the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except $100 as prohibited by the ADEA and OWBPAconsideration for his continuing obligations hereunder.

Appears in 1 contract

Samples: Separation and Release Agreement (Ichor Holdings, Ltd.)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under pursuant to the Employment Separation Agreement, the Releasors hereby irrevocably and unconditionally fully and forever waive, release and forever discharge the Releasees from any and all Claims that Claims, whether known or unknown, from the Releasors may have as beginning of time to the date of the date the Executive signs Executive’s execution of this Agreement arising under the Federal Age Discrimination in Employment Act of 1967(ADEA), as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)its implementing regulations. By signing this Agreement, the Executive hereby acknowledges and confirms the followingthat: (i) the Executive was has read this Agreement in its entirety and understands all of its terms; (ii) the Executive has been advised by the Company in connection with of and has availed himself of his termination right to consult with an his attorney of his choice prior to signing executing this Agreement; (iii) the Executive knowingly, freely and voluntarily assents to all of the terms and conditions set out in this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s waiver, release of claims arising under ADEA, and covenants contained herein; (iv) the Executive has is executing this Agreement, including the waiver and release, in fact consulted with an attorneyexchange for good and valuable consideration in addition to anything of value to which he is otherwise entitled; (iiv) the Executive was given a period of not fewer than 21 at least forty-five (45) days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect theretochoice, although he may sign it sooner if desired; (iiivi) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he has seven (7) days following from the date on which he signs this Agreement within which to revoke the release in this paragraph by delivering notice of revocation to the Company in the manner provided by this Agreement before the end of such seven-day period; and (vii) the Executive understands that the release contained in this paragraph 2(b), by providing does not apply to rights and claims that may arise after the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if date on which the Executive exercises his right to revoke the release contained in signs this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.

Appears in 1 contract

Samples: Separation Agreement (3d Systems Corp)

Specific Release of ADEA Claims. In further consideration of the payments Separation Pay and benefits Separation Benefits provided to the Executive under the Employment you in this Agreement, the Releasors you hereby irrevocably and unconditionally fully and forever waive, release and forever discharge the Releasees Released Parties from any and all Claims that claims, whether known or unknown, from the Releasors may have as beginning of time to the date the Executive signs of your execution of this Agreement Agreement, arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”), as amended, and its implementing regulations, including the Older Workers’ Benefit Protection Act. By signing this Agreement, the Executive you hereby acknowledges acknowledge and confirms the following: confirm that (i) the Executive was you have read this Agreement in its entirety and understand all of its terms; (ii) you have been advised by the Company in connection with his termination of and have availed yourself of your right to consult with an your attorney of his choice prior to signing executing this Agreement Agreement; (iii) you knowingly, freely and voluntarily agree to have such attorney explain to the Executive all of the terms of and conditions set out in this Agreement, including, without limitation, the terms relating to the Executive’s waiver, release of claims arising under ADEA, and the Executive has in fact consulted with an attorneycovenants contained herein; (iiiv) you are executing this Agreement, including the Executive was waiver and release, in exchange for good and valuable consideration in addition to anything of value to which you are otherwise entitled; (v) you were given a period of not fewer than 21 at least twenty-one (21) days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect theretoyour choice, although you may sign it sooner if desired; (iiivi) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands you understand that he has you have seven (7) days following from the date on which he signs you sign this Agreement within which to revoke the release in this Section by delivering notice of revocation to Xxxxx Xxxxxxxx, Vice President of Human Resources at xxxxxxxxx@xxxxxx.xxx by e-mail before the end of such seven (7)-day period; and (vii) you understand that the release contained in this paragraph 2(b)does not apply to rights and claims that may arise after the date on which you sign this Agreement. The parties agree that any changes to this Agreement, by providing whether material or not, do not restart the Company a written notice of his revocation running of the release twenty-one (21)-day period. If you sign and waiver contained do not revoke this Section, this Agreement will become effective, in its entirety, on the eighth (8th) day after you sign this paragraph 2(bAgreement (the “Effective Date”); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.

Appears in 1 contract

Samples: Confidential Continued Employment/Separation Agreement (Northwest Pipe Co)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreementin this Release, the Releasors hereby irrevocably and unconditionally fully and forever waive, release and forever discharge the Releasees from any and all Claims that Claims, whether known or unknown, from the Releasors may have as beginning of time to the date of the date the Executive signs Executive’s execution of this Agreement Release arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”), as amended, and its implementing regulations. By signing this AgreementRelease, the Executive hereby acknowledges and confirms the followingthat: (i) the Executive was has read this Release in its entirety and understands all of its terms; (ii) the Executive has been advised by the Company in connection with his termination of and has availed herself of her right to consult with an her attorney of his choice prior to signing executing this Agreement and to have such attorney explain to Release; (iii) the Executive knowingly, freely and voluntarily assents to all of the terms of and conditions set out in this Agreement, Release including, without limitation, the terms relating to the Executive’s waiver, release of claims arising under ADEA, and the Executive has in fact consulted with an attorneycovenants contained herein; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing executing this release Release, including the waiver and discharge only release, in exchange for good and valuable consideration in addition to anything of value to which she is otherwise entitled; (v) the Executive is already entitled. The was given at least [twenty-one (21)/forty-five (45)] days to consider the terms of this Release and consult with an attorney of her choice, although she may sign it sooner if desired; (vi) the Executive also understands that he she has seven (7) days following from the date on which he she signs this Agreement within which Release to revoke the release in this paragraph by delivering notice of revocation to [NAME] at the Employer, [EMPLOYER ADDRESS] by e-mail/fax/overnight delivery before the end of such seven-day period; and (vii) the Executive understands that the release contained in this paragraph 2(b), by providing does not apply to rights and claims that may arise after the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if date on which the Executive exercises his right to revoke the release contained in signs this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPARelease.

Appears in 1 contract

Samples: Executive Employment Agreement (Berry Corp (Bry))

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment in this Agreement, the Releasors Executive hereby irrevocably and unconditionally fully and forever waive, release and forever discharge the Releasees Released Parties from any and all Claims that Claims, whether known or unknown, from the Releasors may have as beginning of time to the date of the date the Executive signs Executive’s execution of this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”), as amended, and its implementing regulations. By signing this Agreement, the Executive hereby acknowledges and confirms the followingthat: (i) the Executive was has read this Agreement in its entirety and understands all of its terms; (ii) the Executive has been advised by of and has availed him or herself of the Company in connection with his termination right to consult with an attorney of his choice prior to signing executing this Agreement; (iii) the Executive knowingly, freely and voluntarily assents to all of the terms and conditions set out in this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s waiver, release of claims arising under ADEA, and covenants contained herein; (iv) the Executive has is executing this Agreement, including the waiver and release, in fact consulted with an attorneyexchange for good and valuable consideration in addition to anything of value to which Executive is otherwise entitled; (iiv) the Executive was given a period of not fewer than 21 at least [twenty-one (21)/forty-five (45)] days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect theretoattorney, although Executive may sign it sooner if desired; (iiivi) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he or she has seven (7) days following from the date on which he Executive signs this Agreement within which to revoke the release in this paragraph by delivering notice of revocation to [NAME] at the Company, [EMPLOYER ADDRESS] by [e-mail/fax/overnight delivery/[OTHER METHOD OF DELIVERY]] before the end of such seven-day period; and (vii) the Executive understands that the release contained in this paragraph 2(b), by providing does not apply to rights and claims that may arise after the Company a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if date on which the Executive exercises his right to revoke the release contained in signs this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.

Appears in 1 contract

Samples: Severance Agreement (Analogic Corp)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 ______________________________________ 1 This date should coincide with termination of employment and should not be filed in at the time of the signing of the employment agreement. (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company in connection with his [his] [her] termination to consult with an attorney of his [his] [her] choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his [his] [her] choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he [he] [she] has seven (7) days following the date on which he [he] [she] signs this Agreement within which to revoke the release contained in this paragraph 2(b), by providing the Company a written notice of his [his] [her] revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his [his] [her] right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him [him] [her] under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him [him] [her] and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA.

Appears in 1 contract

Samples: Viacom Inc.

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment AgreementEmployee in this Release, the Releasors hereby irrevocably and unconditionally fully and forever waive, release and forever discharge the Releasees from any and all Claims that Claims, whether known or unknown, from the Releasors may have as beginning of time to the date of the date the Executive signs Employee’s execution of this Agreement Release arising under the Federal Age Discrimination in Employment Act of 1967(ADEA), as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”)its implementing regulations. By signing this AgreementRelease, the Executive Employee hereby acknowledges and confirms the followingthat: (ia) the Executive was Employee has read this Release in its entirety and understands all of its terms; (b) the Employee has been A-2 US-LEGAL-12547451 Exhibit 10.1 advised by the Company in connection with his termination of and has availed himself of Employee’s right to consult with an Employee’s attorney of his choice prior to signing executing this Agreement Release; (c) the Employee knowingly, freely and voluntarily assents to have such attorney explain to the Executive all of the terms of and conditions set out in this Agreement, Release including, without limitation, the terms relating to the Executive’s waiver, release of claims arising under ADEA, and the Executive has in fact consulted with an attorneycovenants contained herein; (iid) the Executive was given a period of not fewer than 21 days to consider Employee is executing this Release, including the terms of this Agreement waiver and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only release, in exchange for good and valuable consideration in addition to anything of value to which Employee is otherwise entitled; (e) the Executive is already entitled. The Executive also Employee was given at least twenty-one (21) days to consider the terms of this Release and consult with an attorney of Employee’s choice, although Employee may sign it sooner if desired; (f) the Employee understands that he has seven (7) days following from the date on which he signs this Agreement within which Release to revoke the release in this paragraph by delivering notice of revocation to Xxxxx Xxxxxxx at Privia, 000 X. Xxxxx Xx., Ste. 700, Arlington, VA 22203 by electronic mail at xxxxx.xxxxxxx@xxxxxxxxxxxx.xxx] before the end of such seven-day period; and (g) the Employee understands that the release contained in this paragraph 2(b), by providing does not apply to rights and claims that may arise after the Company a written notice of his revocation of date on which the release and waiver contained in Employee signs this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPARelease.

Appears in 1 contract

Samples: Letter Agreement (Privia Health Group, Inc.)

Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims arising under ADEA that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, the Executive hereby acknowledges and confirms the following: (i) the Executive was advised by the Company Employer in connection with his termination to consult with an attorney of his choice prior to signing this Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, . without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has in fact consulted with an attorney; (ii) the Executive was given a period of not fewer than 21 days to consider the terms of this Agreement and to consult with an attorney of his choosing with respect thereto; (iii) the Executive knowingly and voluntarily accepts the terms of this Agreement; and (iv) the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that he has seven (7) days following the date on which he signs this Agreement within which to revoke the release contained in this paragraph 2(b)paragraph, by providing the Company Employer with a written notice of his revocation of the release and waiver contained in this paragraph 2(b); provided, however, that if the Executive exercises his right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any amounts paid to him under the termination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to him and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPAparagraph.

Appears in 1 contract

Samples: General Release (First Advantage Corp)

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