Common use of Age Discrimination in Employment Act Clause in Contracts

Age Discrimination in Employment Act. 1. If Employee is age forty (40) or older on the date Employee signs this Agreement, Employee also acknowledges and agrees that Employee is waiving and releasing any and all claims or rights Employee may have under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), that this waiver and release is knowing and voluntary, and that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled as an employee of the Company. Employee further acknowledges that Employee is advised that: (a) Employee should consult with an attorney (at Employee’s own expense) prior to executing this Agreement (Employee understands that whether Employee consults an attorney or not is Employee’s decision); (b) this Agreement does not waive or release any rights or claims Employee may have under the ADEA which may arise after Employee executes this Agreement; and (c)(i) Employee has at least twenty-one (21) days in which to consider this Agreement (although Employee may choose to execute this Agreement earlier but not before the conclusion of Employee’s last day of employment); (ii) Employee has seven (7) days following execution of this Agreement to revoke this Agreement (to be effective, any revocation must be actually received in writing by the Company by 12:00 a.m. PST on the eighth day); and (iii) this Agreement shall not be effective until the revocation period has expired. Employee waives any right to have the consideration period restarted or extended by any subsequent changes to this Agreement.

Age Discrimination in Employment Act. 1. If Employee is age forty (40) or older on the date Employee signs this Agreement, Employee also acknowledges and agrees that Employee is waiving and releasing any and all claims or rights Employee may have under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), that this waiver and release is knowing and voluntary, and that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled as an employee of the Company. Employee further acknowledges that Employee is advised that: (a) Employee should consult with an attorney (at Employee’s own expense) prior to executing this Agreement Release (Employee understands that whether Employee consults an attorney or not is Employee’s decision); (b) this Agreement Release does not waive or release any rights or claims Employee may have under the ADEA which may arise after Employee executes this AgreementRelease; and (c)(ic) if Employee is age forty (40) or older on the date Employee signs this Release (i) Employee has at least twenty-one (21) days in which to consider this Agreement Release (although Employee may choose to execute this Agreement Release earlier but not before the conclusion of Employee’s last day of employment); (ii) Employee has seven (7) days following execution of this Agreement Release to revoke this Agreement Release (to be effective, any revocation must be actually received in writing by the Company by 12:00 a.m. PST on the eighth day); and (iii) this Agreement Release shall not be effective until the revocation period has expired. Employee waives any right to have the consideration period restarted or extended by any subsequent changes to this Agreement.

Age Discrimination in Employment Act. 1. If Employee is age forty (40) or older on the date Employee signs this Agreement, Employee also acknowledges and agrees that Employee is waiving and releasing any and all claims or rights Employee may have under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), that this waiver and release is knowing and voluntary, and that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled as an employee of the Company. Employee further acknowledges that Employee is advised that: (a) Employee should consult with an attorney (at Employee’s own expense) prior to executing this Agreement (Employee understands that whether Employee consults an attorney or not is Employee’s decision); (b) this Agreement does not waive or release any rights or claims Employee may have under the ADEA which may arise after Employee executes this Agreement; and (c)(ic) (i) Employee has at least twentyforty-one five (2145) days from the date of receipt of this Agreement in which to consider this Agreement and the statistical information given to Employee concurrently with this Agreement, which lists the ages and job titles of other persons in Employee’s same decisional unit who are and are not eligible for severance benefits (although Employee may choose to execute this Agreement earlier but not before the conclusion of Employee’s last day of employment); (ii) Employee has seven (7) days following execution of this Agreement to revoke this Agreement (to be effective, any revocation must be actually received in writing by the Company by 12:00 a.m. PST on the eighth day); and (iii) this Agreement shall not be effective until the revocation period has expiredexpired without Employee revoking it. Employee waives and the Company agree that any right to have the consideration period restarted or extended by any subsequent changes to this Agreement, whether material or immaterial, do not extend or restart the running of the consideration period.

Age Discrimination in Employment Act. 1. If Employee is age forty (40) or older on the date Employee signs 2.2.4.1 Spagnoletti and his spouse also acknowledge and agree that by signing this Agreement, Employee also acknowledges that, in addition to the matters discussed above, Xxxxxxxxxxx and agrees that Employee is waiving his spouse waive and releasing release any and all claims claims, charges, or rights Employee Spagnoletti may have under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), that this waiver and release is knowing and voluntary, and that a consideration of [INSERT AMOUNT THAT WILL BE TENDERED BACK IN CASE OF ANY CHALLENGE TO THE AGREEMENT] (included in the consideration Severance Payment) was given for this the waiver and release of any potential claim under ADEA. Said consideration is in addition to anything of value to which Employee Xxxxxxxxxxx was already entitled as an employee of the CompanyDORAL. Employee Xxxxxxxxxxx and his spouse further acknowledges that Employee is they have been advised that: (a) Employee they should consult with an attorney (at Employee’s Xxxxxxxxxxx’x own expense) prior to executing this Agreement (Employee understands Xxxxxxxxxxx and his spouse understand that whether Employee consults or not they consult with an attorney or not is Employee’s their decision); (b) they have at least twenty one (21) [or forty five (45), depending on the circumstances] days to consider this Agreement (although Xxxxxxxxxxx and his spouse may choose to execute this Agreement earlier); (c) this Agreement does not waive or release any rights or claims Employee Xxxxxxxxxxx and his spouse may have under the ADEA which may arise after Employee executes they execute this Agreement; (d) Spagnoletti and (c)(i) Employee has at least twenty-one (21) days in which to consider this Agreement (although Employee may choose to execute this Agreement earlier but not before the conclusion of Employee’s last day of employment); (ii) Employee has his spouse have seven (7) days following execution of this their Agreement to revoke this their consent to their Agreement (to be effective, any revocation must be actually received in writing by the Company DORAL’s General Counsel, by 12:00 a.m. PST 5:30 p.m. no later than on the eighth dayseventh day after Xxxxxxxxxxx and his spouse sign the Agreement); and (iiie) this Agreement the agreement shall not be effective until the seven (7) day revocation period has expired. Employee waives any right to have the consideration period restarted or extended by any subsequent changes to this Agreement.

Age Discrimination in Employment Act. 1. If Employee is age forty (40) or older on the date Employee signs this Agreement, Employee also acknowledges and agrees that Employee is waiving and releasing any and all claims or rights Employee may have under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), that this waiver and release is knowing and voluntary, and that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled as an employee of the Company. Employee further acknowledges that Employee is advised that: (a) Employee should consult with an attorney (at Employee’s own expense) prior to executing this Agreement (Employee understands that whether Employee consults an attorney or not is Employee’s decision); (b) this Agreement does not waive or release any rights or claims Employee may have under the ADEA which may arise after Employee executes this Agreement; and (c)(ic) if Employee is age forty (40) or older on the date Employee signs this Agreement (i) Employee has at least twenty-one (21) days in which to consider this Agreement (although Employee may choose to execute this Agreement earlier but not before the conclusion of Employee’s last day of employment); (ii) Employee has seven (7) days following execution of this Agreement to revoke this Agreement (to be effective, any revocation must be actually received in writing by the Company by 12:00 a.m. PST on the eighth day); and (iii) this Agreement shall not be effective until the revocation period has expired. Employee waives any right to have the consideration period restarted or extended by any subsequent changes to this Agreement.