Common use of ADEA Release Clause in Contracts

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you hereby completely and forever release and irrevocably discharge each of the Releasees, of and from any and all liabilities, claims, actions, demands, and/or causes of action, arising under the ADEA on or before the date of this Release (the “ADEA Release”), and hereby acknowledge and agree that: the Agreement and this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement and this Release, including the ADEA Release, is worded in a manner that you fully understand; you specifically waive any rights or claims under the ADEA; you knowingly and voluntarily agree to all of the terms set forth in the Agreement and this Release, including this ADEA Release; you acknowledge and understand that any claims under the ADEA that may arise after the date of this Release are not waived; the rights and claims waived in this Release and this ADEA Release are in exchange for consideration over and above anything to which you were already undisputedly entitled; you have been and hereby are advised in writing to consult with an attorney prior to executing the Agreement, this Release and the ADEA Release; you understand that you have been given a period of up to twenty-one (21) days to consider the ADEA Release prior to executing it; and you understand that you have been given a period of seven (7) days from the date of the execution of the ADEA Release to revoke the ADEA Release, and understand and acknowledge that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect to revoke this ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee within seven (7) days from the date of the execution of the Release.

Appears in 4 contracts

Sources: Employment Agreement (QSAM Biosciences, Inc.), Employment Agreement (QSAM Biosciences, Inc.), Employment Agreement (Crossroads Systems Inc)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you The Employee hereby completely and forever release releases and irrevocably discharge each of discharges the ReleaseesReleased Parties, of and from any and all liabilities, claims, actions, demands, and/or causes of action, Claims arising under the ADEA Age Discrimination in Employment Act (“ADEA”) on or before the date of the Employee signs this Release Agreement (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: the Agreement and (i) this ReleaseRelease Agreement, including this the ADEA Release, was negotiated at arms’ arm’s length; the Agreement and (ii) this ReleaseRelease Agreement, including the ADEA Release, is worded in a manner that you the Employee fully understandunderstands; you (iii) the Employee specifically waive waives any rights or claims under the ADEA; you (iv) the Employee knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this ReleaseRelease Agreement, including this the ADEA Release; you acknowledge (v) the Employee acknowledges and understand understands that any claims Claims under the ADEA that may arise after the date of this Release Agreement are not waived; (vi) the rights and claims waived in this Release and this Agreement, including the ADEA Release Release, are in exchange for consideration over and above anything to which you were the Employee was already undisputedly entitled; you have (vii) the Employee has been and hereby are is advised in writing to consult with an attorney prior to executing the Release Agreement, this Release and including the ADEA Release; you understand (viii) the Employee acknowledges that you have he has been given a period of up to twenty-one (21) days from receipt of this Release Agreement to consider the ADEA Release prior to executing itit and acknowledges and agrees that any change in the terms of this Release Agreement, whether material or immaterial, after the date that the Employee first receives this Release Agreement shall not affect or restart such twenty-one (21) day consideration period; and you understand (ix) the Employee understands that you have he has been given a period of seven (7) days from the date of the execution of the ADEA this Release Agreement to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect the Employee elects to revoke this ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee [Name], [Title], Compressco Partners GP Inc., ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, within seven (7) days from the date of the execution of the ReleaseRelease Agreement.

Appears in 3 contracts

Sources: Employment Agreement (CSI Compressco LP), Employment Agreement (CSI Compressco LP), Employment Agreement (Compressco Partners, L.P.)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you The Executive hereby completely and forever release releases and irrevocably discharge each of discharges the ReleaseesCompany and the other Released Parties, of and as that term is defined in Section 3 above, from any and all liabilities, claims, actions, demands, and/or causes of action, arising under the ADEA on or before the date of this Release Agreement (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: the Agreement and this Release: a. The Release Agreement, including this the ADEA Release, was negotiated at arms-length; the Agreement and this Release; b. The Release Agreement, including the ADEA Release, is worded in a manner that you the Executive fully understand; you understands; c. The Executive specifically waive waives any rights or claims under the ADEA; you ; d. The Executive knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this ReleaseRelease Agreement, including this the ADEA Release; you acknowledge ; e. The Executive acknowledges and understand understands that any claims under the ADEA that may arise after the date of this the Release Agreement are not waived; the ; f. The rights and claims waived in this the Release and this Agreement, including the ADEA Release Release, are in exchange for consideration over and above anything to which you were the Executive was already undisputedly entitled; you have ; g. The Executive has been and hereby are is advised in writing to consult with an attorney prior to executing the Release Agreement, this Release and including the ADEA Release; you understand ; h. The Executive understands that you have she has been given a period of up to twenty-one (21) 21 days to consider the ADEA Release prior to executing it, although she may accept it at any time within those 21 days; i. The Executive understands and agrees that any changes to Company’s offer, whether material or immaterial, do not restart the running of the 21-day review period; and you understand and j. The Executive understands that you have she has been given a period of seven (7) days from the date of the execution of the ADEA Release to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect the Executive elects to revoke this ADEA Releaseher release of age discrimination claims, the revocation must be in writing and delivered and presented to ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Director – Total Rewards, Payroll and HRIS, Cheniere Energy, Inc. by 5:00 p.m., Central Time, no later than the Board of Directors or their designee within seven (7) days from seventh day after the date on which the Executive executes the Release Agreement. The consideration cited herein including Executive’s and Company’s respective releases of disputed claims and the promises contained herein are made for the purpose of purchasing the peace of the execution Released Parties and are not to be construed as an admission of the Releaseliability or as evidence of unlawful conduct by any Released Party, all liability being expressly denied.

Appears in 2 contracts

Sources: Release Agreement, Release Agreement (Cheniere Energy Inc)

ADEA Release. For Executive hereby acknowledges that Executive is knowingly and voluntarily entering into this Agreement with the good purpose of waiving and valuable consideration provided for releasing any claims under the Agreement, ADEA (a law which prohibits discrimination on the sufficiency basis of which is hereby acknowledgedage), and to which you acknowledge you are not otherwise entitledas such, Executive acknowledges and other valuable consideration, the sufficiency of which agrees that: (1) this Agreement is hereby acknowledged, you hereby completely worded in an understandable way and forever release he has read and irrevocably discharge each of the Releasees, of and from fully understands its terms; (2) any and all liabilities, claims, actions, demands, and/or causes of action, rights or claims arising under the ADEA on or before the date of this Release are waived; (the “ADEA Release”), and hereby acknowledge and agree that: the Agreement and this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement and this Release, including the ADEA Release, is worded in a manner that you fully understand; you specifically waive any rights or claims under the ADEA; you knowingly and voluntarily agree to all of the terms set forth in the Agreement and this Release, including this ADEA Release; you acknowledge and understand that any 3) claims under the ADEA that may arise after the date of this Release Agreement is executed are not waived; ; (4) the rights and claims waived in this Release and this ADEA Release Agreement are in exchange for additional consideration over and above anything to which you were Executive was already undisputedly entitled; you have ; (5) Executive has been and hereby are advised in writing by the Company to consult with an attorney prior to executing the this Agreement, this Release and the ADEA Release; you understand ; (6) Executive acknowledges that you have he has been given a twenty-one-day (21-day) period of up to twenty-one (21) days time from the date of receipt of this Agreement to consider all of the ADEA Release prior to executing it; provisions of this Agreement, and you understand that you have been he does knowingly and voluntarily waive said given a period of seven 21-day period; (7) Any changes made to this Agreement, whether material or immaterial, will not restart the running of this twenty-one-day (21-day) period; (8) Executive may revoke this waiver and release of any ADEA (age discrimination) claims covered by this Agreement within seven days from the date of this Agreement is executed (such seven-day period, the execution of the ADEA Release to revoke the ADEA Release, and understand and acknowledge that the ADEA Release will “Revocation Period”) (9) This Agreement shall not become effective or enforceable until the revocation period Revocation Period has expiredpassed and Executive shall not have revoked his waiver and release of any ADEA claim during the Revocation Period. If you elect Executive revokes this Agreement, Executive will be deemed not to revoke have accepted the terms of this Agreement and the Company will have no obligations hereunder; and (10) Nothing in this Agreement shall be construed as a limitation on the right of Executive to participate in any investigation by the Equal Employment Opportunity Commission into any charge that ADEA Releasehas been violated, revocation must be in writing and presented to the Board of Directors or their designee within seven (7) days from the date of the execution of the Releaseincluding a charge filed by Executive.

Appears in 2 contracts

Sources: Separation Agreement, Separation Agreement (Us Home Systems Inc)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you The Employee hereby completely and forever release releases and irrevocably discharge each of discharges the ReleaseesCompany and the other Released Parties, of and as that term is defined in Section 3 above, from any and all liabilities, claims, actions, demands, and/or causes of action, arising under the ADEA on or before the date of this Release Agreement (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: the Agreement and this Release: a. The Release Agreement, including this the ADEA Release, was negotiated at arms-length; the Agreement and this Release; b. The Release Agreement, including the ADEA Release, is worded in a manner that you the Employee fully understand; you understands; c. The Employee specifically waive waives any rights or claims under the ADEA; you ; d. The Employee knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this ReleaseRelease Agreement, including this the ADEA Release; you acknowledge ; e. The Employee acknowledges and understand understands that any claims under the ADEA that may arise after the date of this the Release Agreement are not waived; the ; f. The rights and claims waived in this the Release and this Agreement, including the ADEA Release Release, are in exchange for consideration over and above anything to which you were the Employee was already undisputedly entitled; you have ; g. The Employee has been and hereby are is advised in writing to consult with an attorney prior to executing the Release Agreement, this Release and including the ADEA Release; you understand ; h. The Employee understands that you have he has been given a period of up to twenty-one (21) 21 days to consider the ADEA Release prior to executing it, although he may accept it at any time within those 21 days; i. The Employee understands and agrees that any changes to Company’s offer, whether material or immaterial, do not restart the running of the 21-day review period; and you understand and j. The Employee understands that you have he has been given a period of seven (7) days from the date of the execution of the ADEA Release to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect the Employee elects to revoke this ADEA Releasehis release of age discrimination claims, the revocation must be in writing and delivered and presented to ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Director, Total Rewards, Payroll and HRIS, Cheniere Energy, Inc. by 5:00 p.m., Central Time, no later than the Board of Directors or their designee within seven seventh (77th) days from day after the date on which he executes the Release Agreement. The consideration cited above and the promises contained herein are made for the purpose of purchasing the peace of the execution Released Parties and are not to be construed as an admission of the Releaseliability or as evidence of unlawful conduct by any Released Party, all liability being expressly denied.

Appears in 2 contracts

Sources: Letter Agreement (Cheniere Energy, Inc.), Letter Agreement (Cheniere Energy, Inc.)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you Executive hereby completely and forever release releases and irrevocably discharge each of discharges the ReleaseesReleased Parties, of and from any and all liabilities, claims, actions, demands, and/or causes of action, Claims arising under the ADEA Age Discrimination in Employment Act (“ADEA”) on or before the date of Executive signs this Release Agreement (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: the Agreement and (i) this ReleaseRelease Agreement, including this the ADEA Release, was negotiated at arms’ arm’s length; the Agreement and (ii) this ReleaseRelease Agreement, including the ADEA Release, is worded in a manner that you Executive fully understandunderstands; you (iii) Executive specifically waive waives any rights or claims under the ADEA; you (iv) Executive knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this ReleaseRelease Agreement, including this the ADEA Release; you acknowledge (v) Executive acknowledges and understand understands that any claims Claims under the ADEA that may arise after the date of this Release Agreement are not waived; (vi) the rights and claims waived in this Release and this Agreement, including the ADEA Release Release, are in exchange for consideration over and above anything to which you were Executive was already undisputedly entitled; you have (vii) Executive has been and hereby are is advised in writing to consult with an attorney prior to executing the Release Agreement, this Release and including the ADEA Release; you understand (viii) Executive acknowledges that you have he has been given a period of up to twenty-one (21) days from receipt of this Release Agreement to consider the ADEA Release prior to executing itit and acknowledges and agrees that any discussions between Executive and the Company concerning the terms of this Release Agreement and/or any change in the terms of this Release Agreement after the date that Executive first receives this Release Agreement shall not affect or restart such twenty-one (21) day consideration period; and you understand (ix) Executive understands that you have he has been given a period of seven (7) days from the date of the execution of the ADEA this Release Agreement to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect Executive elects to revoke this ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee __________________, __________________, Compressco Partners GP Inc., ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, within seven (7) days from the date of the execution of the ReleaseRelease Agreement.

Appears in 2 contracts

Sources: Change of Control Agreement (Compressco Partners, L.P.), Change of Control Agreement (Compressco Partners, L.P.)

ADEA Release. For the good and valuable consideration provided for under the AgreementEmployee hereby fully, the sufficiency of which is hereby acknowledgedfinally, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you hereby completely and forever release and irrevocably discharge each of the Releasees, releases Released Parties of and from any and all liabilities, claims, actionscharges, demands, and/or or causes of action, action arising on or before Employee’s execution of this Agreement under the ADEA on or before the date of this Release (the “ADEA Release”), which prohibits age discrimination in employment, and hereby acknowledge acknowledges and agree agrees that: : i. this Agreement, which includes the Agreement and this Release, including this ADEA Release, was negotiated at arms-length; the Agreement and ; ii. this ReleaseAgreement, including which includes the ADEA Release, is worded in a manner that you Employee fully understand; you understands; iii. Employee specifically waive waives any rights or claims under the ADEA; you ; iv. Employee knowingly and voluntarily agree agrees to all of the terms set forth in this Agreement, which includes the Agreement and this Release, including this ADEA Release; you acknowledge and understand that ; v. any claims under the ADEA that may arise after the date Employee’s execution of this Release Agreement are not waived; ; vi. the rights and claims waived in this Release and this Agreement, which includes the ADEA Release Release, are in exchange for consideration over and above anything to which you were Employee was already undisputedly entitled; you have been ; vii. Employee has been, and hereby are is, advised in writing to consult with an attorney prior to executing the this Agreement, this Release and including the ADEA Release, and has had an opportunity to review the Agreement with Employee’s attorney; you understand that you have HOU:3938429.1 viii. he/she has been given a period of up to twenty-one (21) 45 days after receiving this Agreement to consider this Agreement, which includes the ADEA Release Release, prior to executing it. Employee further agrees that any changes in the terms of this Agreement, whether material or immaterial, shall not affect or restart the above-referenced 45-day consideration period; ix. statistical information required by the Older Workers Benefit Protection Act is attached hereto as Exhibit A; and you understand that you have x. he/she has been given a period of seven (7) 7 days from the date of the execution of the ADEA Release to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired; xi. If you elect to revoke any revocation of this ADEA Release, revocation Release must be in writing and presented to before the Board close of Directors or their designee business within seven (7) 7 days from the date of the Employee’s execution of this Agreement to Lexicon Pharmaceuticals Inc., ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, Attention: Human Resources; and xii. nothing in this Agreement is intended to interfere with or deter Employee’s right to challenge the Releasewaiver of a claim under the ADEA or state law age discrimination claim or the filing of an ADEA charge or ADEA complaint or state law age discrimination complaint or charge with the Equal Employment Opportunity Commission (“EEOC”) or any state discrimination agency or commission, or to participate in any investigation or proceeding conducted by those agencies. Further, Employee understands that nothing in this Agreement would require Employee to tender back the Severance Payment if Employee seeks to challenge the validity of the ADEA or state law age discrimination waiver, nor does the Employee agree to ratify any ADEA or state law age discrimination waiver that fails to comply with the Older Workers’ Benefit Protection Act by retaining the Severance Payment. Further, except as authorized by federal or state law, nothing in this Agreement is intended to require Employee to pay damages, attorneys’ fees, or costs to Employer should Employee challenge the waiver of an ADEA or state law age discrimination claim or file an ADEA or state law age discrimination suit.

Appears in 2 contracts

Sources: Release and Severance Agreement (Lexicon Pharmaceuticals, Inc.), Release and Severance Agreement (Lexicon Pharmaceuticals, Inc.)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you Executive hereby completely and forever release releases and irrevocably discharge each of discharges the ReleaseesReleased Parties, of and from any and all liabilities, claims, actions, demands, and/or causes of action, Claims arising under the ADEA Age Discrimination in Employment Act (“ADEA”) on or before the date of Executive signs this Release Agreement (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: the Agreement and (i) this ReleaseRelease Agreement, including this the ADEA Release, was negotiated at arms’ arm’s length; the Agreement and (ii) this ReleaseRelease Agreement, including the ADEA Release, is worded in a manner that you Executive fully understandunderstands; you (iii) Executive specifically waive waives any rights or claims under the ADEA; you (iv) Executive knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this ReleaseRelease Agreement, including this the ADEA Release; you acknowledge (v) Executive acknowledges and understand understands that any claims Claims under the ADEA that may arise after the date of this Release Agreement are not waived; (vi) the rights and claims waived in this Release and this Agreement, including the ADEA Release Release, are in exchange for consideration over and above anything to which you were Executive was already undisputedly entitled; you have (vii) Executive has been and hereby are is advised in writing to consult with an attorney prior to executing the Release Agreement, this Release and including the ADEA Release; you understand (viii) Executive acknowledges that you have he/she has been given a period of up to twenty-one (21) days from receipt of this Release Agreement to consider the ADEA Release prior to executing itit and acknowledges and agrees that any discussions between Executive and the Company concerning the terms of this Release Agreement and/or any change in the terms of this Release Agreement after the date that Executive first receives this Release Agreement shall not affect or restart such twenty-one (21) day consideration period; and you understand (ix) Executive understands that you have he/she has been given a period of seven (7) days from the date of the execution of the ADEA this Release Agreement to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect Executive elects to revoke this ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee __________________, __________________, TETRA Technologies, Inc., ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, within seven (7) days from the date of the execution of the ReleaseRelease Agreement.

Appears in 2 contracts

Sources: Change of Control Agreement (Tetra Technologies Inc), Change of Control Agreement (Tetra Technologies Inc)

ADEA Release. For Executive hereby acknowledges that Executive is knowingly and voluntarily entering into this Agreement with the good purpose of waiving and valuable consideration provided for releasing any claims under the Agreement, ADEA (a law which prohibits discrimination on the sufficiency basis of which is hereby acknowledgedage), and to which you acknowledge you are not otherwise entitledas such, Executive acknowledges and other valuable consideration, the sufficiency of which agrees that: (1) this Agreement is hereby acknowledged, you hereby completely worded in an understandable way and forever release he has read and irrevocably discharge each of the Releasees, of and from fully understands its terms; (2) any and all liabilities, claims, actions, demands, and/or causes of action, rights or claims arising under the ADEA on or before the date of this Release are waived; (the “ADEA Release”), and hereby acknowledge and agree that: the Agreement and this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement and this Release, including the ADEA Release, is worded in a manner that you fully understand; you specifically waive any rights or claims under the ADEA; you knowingly and voluntarily agree to all of the terms set forth in the Agreement and this Release, including this ADEA Release; you acknowledge and understand that any 3) claims under the ADEA that may arise after the date of this Release Agreement is executed are not waived; ; (4) the rights and claims waived in this Release and this ADEA Release Agreement are in exchange for additional consideration over and above anything to which you were Executive was already undisputedly entitled; you have ; (5) Executive has been and hereby are advised in writing by ADSI to consult with an attorney prior to executing the this Agreement, this Release and the ADEA Release; you understand ; (6) Executive acknowledges that you have he has been given a twenty-one-day (21-day) period of up to twenty-one (21) days time from the date of receipt of this Agreement to consider all of the ADEA Release prior to executing it; provisions of this Agreement, and you understand that you have been he does knowingly and voluntarily waive said given a period of seven 21-day period; (7) Any changes made to this Agreement, whether material or immaterial, will not restart the running of this twenty-one-day (21-day) period; (8) Executive may revoke this waiver and release of any ADEA (age discrimination) claims covered by this Agreement within seven days from the date of this Agreement is executed (such seven-day period, the execution of the ADEA Release to revoke the ADEA Release, and understand and acknowledge that the ADEA Release will “Revocation Period”) (9) This Agreement shall not become effective or enforceable until the revocation period Revocation Period has expiredpassed and Executive shall not have revoked his waiver and release of any ADEA claim during the Revocation Period. If you elect Executive revokes this Agreement, Executive will be deemed not to revoke have accepted the terms of this Agreement and ADSI will have no obligations hereunder; and (10) Nothing in this Agreement shall be construed as a limitation on the right of Executive to participate in any investigation by the Equal Employment Opportunity Commission into any charge that ADEA Releasehas been violated, revocation must be in writing and presented to the Board of Directors or their designee within seven (7) days from the date of the execution of the Releaseincluding a charge filed by Executive.

Appears in 1 contract

Sources: Retirement Agreement (Alliance Data Systems Corp)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you Executive hereby completely and forever release releases and irrevocably discharge each of discharges the ReleaseesCompany and the other Released Parties, of and as that term is defined in Section 3 above, from any and all liabilities, claims, actions, demands, and/or causes of action, arising under the ADEA on or before the date of this Release Agreement (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: the Agreement and this Release: a. The Release Agreement, including this the ADEA Release, was negotiated at arms-length; the Agreement and this Release; b. The Release Agreement, including the ADEA Release, is worded in a manner that you Executive fully understand; you understands; c. Executive specifically waive waives any rights or claims under the ADEA; you ; d. Executive knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this ReleaseRelease Agreement, including this the ADEA Release; you acknowledge ; e. Executive acknowledges and understand understands that any claims under the ADEA that may arise after the date of this the Release Agreement are not waived; the ; f. The rights and claims waived in this the Release and this Agreement, including the ADEA Release Release, are in exchange for consideration over and above anything to which you were Executive was already undisputedly entitled; you have ; g. Executive has been and hereby are is advised in writing to consult with an attorney prior to executing the Release Agreement, this Release and including the ADEA Release; you understand ; h. Executive understands that you have he has been given a period of up to twenty-one (21) 21 days to consider the ADEA Release prior to executing it, although he may accept it at any time within those 21 days; i. Executive understands and agrees that any changes to Company’s offer, whether material or immaterial, do not restart the running of the 21-day review period; and you understand and j. Executive understands that you have he has been given a period of seven (7) days from the date of the execution of the ADEA Release to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect Executive elects to revoke this ADEA Releasehis release of age discrimination claims, the revocation must be in writing and delivered and presented to [▇▇▇▇▇ ▇▇▇▇▇▇, Senior Vice President – Business Development & Communications, Cheniere Energy, Inc.] by 5:00 p.m., Central Standard Time, no later than the Board of Directors or their designee within seven (7) days from seventh day after the date on which Executive executes the Release Agreement. The consideration cited above and the promises contained herein are made for the purpose of purchasing the peace of the execution Released Parties and are not to be construed as an admission of the Releaseliability or as evidence of unlawful conduct by any Released Party, all liability being expressly denied.

Appears in 1 contract

Sources: Employment Agreement (Cheniere Energy Inc)

ADEA Release. For In accordance with the good and valuable consideration provided for under the AgreementOlder Workers Benefit Protection Act of 1990, the sufficiency of which is Employee hereby acknowledgedfully, finally, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, completely releases the sufficiency of which is hereby acknowledged, you hereby completely and forever release and irrevocably discharge each of the Releasees, Releasees of and from any and all liabilities, claims, actionscharges, demands, and/or or causes of action, action arising under the ADEA on or before the date of this Release Termination Date under the Age Discrimination in Employment Act and the Older Workers Benefit Protection Act (together, the “ADEA”), which prohibit age discrimination in employment (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: : a) the Agreement and this ReleaseAgreement, including this which includes the ADEA Release, was negotiated at arms-length; ; b) the Agreement and this ReleaseAgreement, including which includes the ADEA Release, is worded in a manner that you Employee fully understand; you understands; c) Employee specifically waive waives any rights or claims under the ADEA; you ; d) Employee knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this ReleaseAgreement, including this which includes the ADEA Release; you acknowledge ; e) Employee acknowledges and understand understands that any claims under the ADEA that may arise after the date of this Release Termination Date are not waived; ​ Confidential Severance Agreement and General Release October 8, 2024 f) the rights and claims waived in this Release and this Agreement, which includes the ADEA Release Release, are in exchange for consideration over and above anything to which you were Employee is already undisputedly entitled; you have been and hereby are advised in writing ; g) Employee has the right to consult with an attorney prior to executing the before signing this Agreement, this Release and the ADEA Release; you understand that you have been given a period of up to ; h) Employee has twenty-one (21) days to consider the ADEA Release prior whether to executing itsign this Agreement; and you understand that you have been given a period of and i) Employee has seven (7) days from the date after signing this Agreement to revoke his acceptance to this Agreement, and this Agreement will not be effective, and Employee will not receive any of the execution of the ADEA Release to revoke the ADEA ReleaseSeparation Benefits described herein, and understand and acknowledge until that the ADEA Release will not become effective or enforceable until the revocation period has expired, which shall be the eighth (8th) day after Employee signs the Agreement, assuming it is not revoked (such date, the “Effective Date”). If you elect Employee wishes to revoke Employee’s acceptance of this ADEA Releaseagreement, revocation Employee must deliver written notice stating Employee’s intent to revoke by email to ▇▇▇▇ ▇▇▇▇▇▇, CFO, on or before 5:00 p.m. Eastern on the seventh (7th) day after the date on which Employee signs this Agreement. If the Agreement is revoked, Employee will not be in writing and presented entitled to the Board of Directors Separation Benefits under this Agreement. Nothing in this Agreement prevents or their designee within seven (7) days precludes Employee from the date challenging or seeking a determination in good faith of the execution validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. The Parties agree that changes to this Agreement, whether material or immaterial, do not restart the running of the Release.twenty-one (21) day review period

Appears in 1 contract

Sources: Severance Agreement (Aprea Therapeutics, Inc.)

ADEA Release. For the good You understand and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge that you are not otherwise entitled, waiving and other valuable consideration, the sufficiency of which is hereby acknowledged, releasing any rights you hereby completely and forever release and irrevocably discharge each of the Releasees, of and from any and all liabilities, claims, actions, demands, and/or causes of action, arising may have under the ADEA on or before the date of and that this Release (the “ADEA Release”), waiver and hereby acknowledge release is knowing and voluntary. You understand and agree that: the Agreement that this waiver and this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement and this Release, including the ADEA Release, is worded in a manner that you fully understand; you specifically waive release does not apply to any rights or claims under the ADEA; you knowingly and voluntarily agree to all of the terms set forth in the Agreement and this Release, including this ADEA Release; you acknowledge and understand that any claims may arise under the ADEA that may arise after the date Effective Date of this Release are not waived; Agreement. You understand and acknowledge that the rights consideration given for this waiver and claims waived release is in this Release and this ADEA Release are in exchange for consideration over and above addition to anything of value to which you were already undisputedly entitled; . You further understand and acknowledge that you have been and hereby are advised in by this writing to that: (a) you should consult with an attorney prior to executing this Agreement; (b) you have forty-five (45) days within which to consider this Agreement; (c) you been advised in writing by the AgreementCompany of the class, this Release unit, or group of individuals covered by the reduction in force, the eligibility factors for the reduction in force, and the ADEA Releasejob titles and ages of all individuals who were and were not selected, as set forth in Exhibits A, B, and C herein; you understand that (d) you have been given a period of up to twenty-one (21) days to consider the ADEA Release prior to executing it; and you understand that you have been given a period of seven (7) days from the date of the following your execution of the ADEA Release this Agreement to revoke the ADEA Release, and understand and acknowledge that the ADEA Release will this Agreement; (e) this Agreement shall not become be effective or enforceable until after the revocation period has expired; and (f) nothing in this Agreement prevents or precludes you from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. If In the event you elect sign this Agreement and returns it to revoke the Company in less than the 45-day period identified above, you hereby acknowledge that you have freely and voluntarily chosen to waive the time period allotted for considering this ADEA Release, Agreement. You acknowledge and understand that revocation must be in writing and presented accomplished by a written notification to the Board undersigned Company representative that is received by you prior to the Effective Date. The parties agree that changes to this Agreement, whether material or immaterial, do not restart the running of Directors or their designee the 45-day consideration period referenced above. You understand that this Agreement shall be null and void if not executed by you within forty-five (45) days. Each party has seven (7) days from after that party signs this Agreement to revoke it. This Agreement will become effective on the eighth (8th) day after you signed this Agreement, so long as it has been signed by the parties and has not been revoked by either party before that date of (the execution of the Release“Effective Date”).

Appears in 1 contract

Sources: Separation Agreement (Scynexis Inc)

ADEA Release. For the good and valuable consideration provided for under the AgreementEmployee hereby fully, the sufficiency of which is hereby acknowledgedfinally, and to which you acknowledge you are not otherwise entitled, completely releases the Company and the other valuable consideration, the sufficiency of which is hereby acknowledged, you hereby completely and forever release and irrevocably discharge each of the Releasees, of and Released Parties from any and all liabilities, claims, actionscharges, demands, and/or or causes of action, action arising under the ADEA on or before the date of this Release Agreement under the Age Discrimination and Employment Act and the Older Workers’ Benefit Protective Act, 42 U.S.C. §§ 1981, 1983, 1985 (collectively the “ADEA”) which prohibits age discrimination in employment (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: : (i) this Release Agreement, which includes the Agreement and this Release, including this ADEA Release, was negotiated at arms’ arm’s length; the Agreement and ; (ii) this ReleaseRelease Agreement, including which includes the ADEA Release, is worded in a manner that you Employee fully understand; you understands; (iii) Employee specifically waive waives any rights or claims under the ADEA; you ; (iv) Employee knowingly and voluntarily agree agrees to all of the terms set forth in this Release Agreement, which includes the Agreement and this Release, including this ADEA Release; you acknowledge ; (v) Employee acknowledges and understand understands that any claims Claims under the ADEA that may arise after the date of this Release Agreement are not waived; ; (vi) the rights and claims waived in this Release and this Agreement, which include the ADEA Release Release, are in exchange for consideration over and above anything to which you were Employee was already undisputedly entitled; you have ; (vii) Employee has been and hereby are is advised in writing to consult with an attorney prior to executing the this Release Agreement, this Release and including the ADEA Release; you understand ; (viii) Employee understands that you have he has been given a period of up to twenty-one (21) days to consider the ADEA Release prior to executing it; and you understand ; (ix) Employee understands that you have he has been given a period of seven (7) days from the date of the execution of the ADEA Release to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. ; and If you elect Employee elects to revoke this ADEA Releaserelease of age discrimination claims, revocation must be in writing and presented to the Board of Directors or their designee ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, Vice President-Human Resources, TETRA Technologies, Inc., ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, within seven (7) days from the date of the execution of this Agreement, including the ADEA Release. Employee further agrees that only material changes in the terms of this Release Agreement shall affect or restart the above-referenced 21-day consideration period.

Appears in 1 contract

Sources: Separation and Release Agreement (Tetra Technologies Inc)

ADEA Release. For To the good and valuable consideration provided for under extent that the Agreement, the sufficiency Executive is forty (40) years of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you hereby completely and forever release and irrevocably discharge each of the Releasees, of and from any and all liabilities, claims, actions, demands, and/or causes of action, arising under the ADEA on age or before the date of this Release (the “ADEA Release”), and hereby acknowledge and agree that: the Agreement and this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement and this Release, including the ADEA Release, is worded in a manner that you fully understand; you specifically waive any rights or claims under the ADEA; you knowingly and voluntarily agree to all of the terms set forth in the Agreement and this Release, including this ADEA Release; you acknowledge and understand that any claims under the ADEA that may arise after the date of this Release are not waived; the rights and claims waived in this Release and this ADEA Release are in exchange for consideration over and above anything to which you were already undisputedly entitled; you have been and hereby are advised in writing to consult with an attorney prior to executing the Agreementolder, this Release and the ADEA Release; you understand paragraph shall also apply. The Executive acknowledges that you have he has been given offered a period of up to time of at least twenty-one (21) days from the date of receipt of this Agreement to consider whether to sign this General Release and Covenant Not to ▇▇▇, which he has waived in writing, and the ADEA Company agrees that the Executive may cancel this General Release prior and Covenant Not to executing it; ▇▇▇ (including, without limitation, any and you understand that you have been given a period of all claims arising under the ADEA) at any time during the seven (7) days from following the date on which this General Release and Covenant Not to ▇▇▇ has been signed by all parties to this General Release and Covenant Not to ▇▇▇. In order to cancel or revoke this General Release and Covenant Not to ▇▇▇, the Executive must deliver to the General Counsel of the execution Company written notice stating that the Executive is canceling or revoking this General Release and Covenant Not to ▇▇▇. If this General Release and Covenant Not to ▇▇▇ is timely cancelled or revoked, none of the ADEA provisions of this General Release and Covenant Not to revoke the ADEA Release, and understand and acknowledge that the ADEA Release will not become ▇▇▇ shall be effective or enforceable until and the revocation period Company shall not be obligated to make the payments to the Executive or to provide the Executive with the other benefits described in the Employment Agreement and all contracts and provisions modified, relinquished or rescinded hereunder shall be reinstated to the extent in effect immediately prior hereto. For the avoidance of doubt, nothing in this General Release and Covenant Not to ▇▇▇ shall prevent the Executive from challenging or seeking a determination in good faith of the validity of this waiver and release under the ADEA but no other portion of this General Release and Covenant Not to ▇▇▇. Each of the Executive and the Company acknowledges and agrees that it has expiredentered into this General Release and Covenant Not to ▇▇▇ knowingly, voluntarily and willingly and has had ample opportunity to consider the terms and provisions of this General Release and Covenant Not to ▇▇▇. If you elect to revoke this ADEA ReleaseThe Executive further acknowledges that he has read the Agreement carefully, revocation must be has been advised by the Company in writing to, and presented has in fact consulted with an attorney, and fully understands that by signing below he is giving up certain rights which he may have to the Board of Directors ▇▇▇ or their designee within seven (7) days from the date assert a claim against any of the execution of the ReleaseCompany Group, as described above.

Appears in 1 contract

Sources: Consulting and Employment Agreement (Triarc Companies Inc)

ADEA Release. For In accordance with the good and valuable consideration provided for under the AgreementOlder Workers Benefit Protection Act of 1990, the sufficiency of which is Employee hereby acknowledgedfully, finally, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, completely release the sufficiency of which is hereby acknowledged, you hereby completely and forever release and irrevocably discharge each of the Releasees, Releasees of and from any and all liabilities, claims, actionscharges, demands, and/or or causes of action, action arising under the ADEA on or before the date of this Release Termination Date under the Age Discrimination in Employment Act and the Older Workers Benefit Protection Act (together, the “ADEA”), which prohibit age discrimination in employment (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: : a) the Agreement and this Releaseagreement, including this which includes the ADEA Release, was negotiated at arms-length; ; b) the Agreement and this ReleaseAgreement, including which includes the ADEA Release, is worded in a manner that you Employee fully understand; you understands; c) Employee specifically waive waives any rights or claims under the ADEA; you ; d) Employee knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this Releaseagreement, including this which includes the ADEA Release; you acknowledge ; e) Employee acknowledges and understand understands that any claims under the ADEA that may arise after the date of this Release Separation Date are not waived; ; f) the rights and claims waived in this Release and this agreement, which includes the ADEA Release Release, are in exchange for consideration over and above anything to which you were Employee is already undisputedly entitled; you have been and hereby are advised in writing ; g) Employee has the right to consult with an attorney prior to executing the Agreement, before signing this Release and the ADEA Release; you understand that you have been given a period of up to agreement; h) Employee has twenty-one (21) days to consider the ADEA Release prior to executing itthis agreement; and you understand that you have been given a period of and i) Employee has seven (7) days from the date after signing this agreement to revoke this agreement, and this agreement will not be effective, and Employee will not receive any of the execution of the ADEA Release to revoke the ADEA Releasesettlement benefits described herein, and understand and acknowledge until that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect Employee wishes to revoke Employee’s acceptance of this ADEA Releaseagreement, revocation Employee must be in writing and presented deliver written notice stating Employee’s intent to revoke by email to ▇▇▇▇ ▇▇▇▇▇, CEO, on or before 5:00 p.m. Eastern on the Board of Directors or their designee within seven seventh (77th) days from day after the date of the execution of the Releaseon which Employee signs this Agreement.

Appears in 1 contract

Sources: Severance Agreement (Aprea Therapeutics, Inc.)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you Executive hereby completely and forever release releases and irrevocably discharge each of discharges the ReleaseesReleased Parties, of and from any and all liabilities, claims, actions, demands, and/or causes of action, Claims arising under the ADEA Age Discrimination in Employment Act (“ADEA”) on or before the date of Executive signs this Release Agreement (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: the Agreement and (i) this ReleaseRelease Agreement, including this the ADEA Release, was negotiated at arms’ arm’s length; the Agreement and (ii) this ReleaseRelease Agreement, including the ADEA Release, is worded in a manner that you Executive fully understandunderstands; you (iii) Executive specifically waive waives any rights or claims under the ADEA; you (iv) Executive knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this ReleaseRelease Agreement, including this the ADEA Release; you acknowledge (v) Executive acknowledges and understand understands that any claims Claims under the ADEA that may arise after the date of this Release Agreement are not waived; (vi) the rights and claims waived in this Release and this Agreement, including the ADEA Release Release, are in exchange for consideration over and above anything to which you were Executive was already undisputedly entitled; you have (vii) Executive has been and hereby are is advised in writing to consult with an attorney prior to executing the Release Agreement, this Release and including the ADEA Release; you understand (viii) Executive acknowledges that you have he has been given a period of up to twenty-one (21) days from receipt of this Release Agreement to consider the ADEA Release prior to executing itit and acknowledges and agrees that any discussions between Executive and the Company concerning the terms of this Release Agreement and/or any change in the terms of this Release Agreement after the date that Executive first receives this Release Agreement shall not affect or restart such twenty-one (21) day consideration period; and you understand (ix) Executive understands that you have he has been given a period of seven (7) days from the date of the execution of the ADEA this Release Agreement to revoke the ADEA Release, and understand understands and acknowledge that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect to revoke this ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee within seven (7) days from the date of the execution of the Release.acknowledges

Appears in 1 contract

Sources: Change of Control Agreement (CSI Compressco LP)

ADEA Release. For the good and valuable consideration provided for under the AgreementEmployee hereby fully, the sufficiency of which is hereby acknowledgedfinally, and to which you acknowledge you are not otherwise entitled, completely releases the Company and other valuable consideration, the sufficiency of which is hereby acknowledged, you hereby completely and forever release and irrevocably discharge each of the Releasees, Released Parties of and from any and all liabilities, claims, actionscharges, demands, and/or or causes of action, action arising under the ADEA on or before the date of this Release Agreement is executed under the Age Discrimination in Employment Act and the Older Workers’ Benefit Protection Act, 42 U.S.C. §§ 1981, 1983, 1985 (“ADEA”), which prohibit age discrimination in employment (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: : (a) this Agreement, which includes the Agreement and this Release, including this ADEA Release, was negotiated at arms-length; the Agreement and ; (b) this ReleaseAgreement, including which includes the ADEA Release, is worded in a manner that you Employee fully understand; you understands; (c) Employee specifically waive waives any rights or claims under the ADEA; you ; (d) Employee knowingly and voluntarily agree agrees to all of the terms set forth in this Agreement, which includes the Agreement and this Release, including this ADEA Release; you acknowledge ; (e) Employee acknowledges and understand understands that any claims under the ADEA that may arise after the date of this Release Effective Termination Date are not waived; ; (f) the rights and claims waived in this Release and this Agreement, which includes the ADEA Release Release, are in exchange for consideration over and above anything to which you were Employee was already undisputedly entitled; you have ; (g) Employee has been and hereby are is advised in writing to consult with an attorney prior to executing the this Agreement, this Release and including the ADEA Release; you understand ; (h) Employee understands that you have he has been given a period of up to at least twenty-one (21) days calendar days, beginning the date immediately following the date he was provided with a copy of this Agreement, to consider the ADEA Release prior to executing it; and you understand and (i) Employee understands that you have he has been given a period of seven (7) days from the date of the execution of the ADEA Release to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect Employee elects to revoke this ADEA Releaserelease of age discrimination claims, revocation must be in writing and presented to the Board of Directors or their designee ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ at ▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇-▇▇.▇▇▇, with a copy to ▇▇▇▇ ▇▇▇▇▇▇ at ▇▇▇▇.▇▇▇▇▇▇@▇▇▇-▇▇.▇▇▇, within seven (7) days from the date of the his execution of this Agreement that contains the ADEA Release. Employee further agrees that only material changes in the terms of this Agreement shall affect or restart the above-referenced 21-day consideration period. Employee understands that nothing in this Agreement is intended to interfere with or deter Employee’s right to challenge the waiver of a claim under the ADEA or state law age discrimination claim or the filing of an ADEA charge or ADEA complaint or state law age discrimination complaint or charge with the EEOC or any state discrimination agency or commission or to participate in any investigation or proceeding conducted by those agencies. Further, Employee understands that nothing in this Agreement would require Employee to tender back the money received under this Agreement if Employee seeks to challenge the validity of the ADEA or state law age discrimination waiver, nor does Employee agree to ratify any ADEA or state law age discrimination waiver that fails to comply with the Older Workers’ Benefit Protection Act by retaining the money received under this Agreement. Further, nothing in this Agreement is intended to require the payment of damages, attorneys’ fees, or costs to the Company should Employee challenge the waiver of an ADEA or state law age discrimination claim or file an ADEA or state law age discrimination suit except as authorized by federal or state law.

Appears in 1 contract

Sources: Severance Agreement (IES Holdings, Inc.)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you Employee hereby completely and forever release releases and irrevocably discharge each of discharges the Releasees, of and Released Parties from any and all liabilities, claims, actions, demands, and/or causes of action, Claims arising under the ADEA on or before the date of this Release Agreement, and hereby acknowledges and agrees that: (i) this Agreement was negotiated at arm’s length; (ii) this Agreement, including this release of ADEA claims (the “ADEA Release”), and hereby acknowledge and agree that: the Agreement and this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement and this Release, including the ADEA Release, is worded in a manner that you Employee fully understandunderstands; you (iii) Employee specifically waive waives any rights or claims under the ADEA; you (iv) Employee knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this ReleaseAgreement, including this ADEA Release; you acknowledge (v) Employee acknowledges and understand understands that any claims Claims under the ADEA that may arise after the date of this Release Agreement are not waived; (vi) the rights and claims waived in this Release and Agreement, including this ADEA Release Release, are in exchange for consideration over and above anything to which you were Employee was already undisputedly entitled; you have (vii) Employee has been and hereby are is advised in writing to consult with an attorney prior to executing the this Agreement, this Release and the ADEA Release; you understand (viii) Employee acknowledges that you have he has been given a period of up to twentyforty-one five (2145) days to consider the this ADEA Release prior to executing it, although he may accept it at any time within such forty-five (45) days, and acknowledges and agrees that any discussions between Employee and the Company and/or TETRA concerning the terms of this Agreement, including this ADEA Release, and/or any change in the terms of this Agreement, including this ADEA Release, after the date that Employee first receives this Agreement shall not affect or restart such forty-five (45) day consideration period; and you understand (ix) Employee understands that you have been given he has a period of seven (7) days from the date of the execution of the ADEA Release this Agreement to revoke the this ADEA Release, and understand understands and acknowledge acknowledges that the this ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect Employee elects to revoke this ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Director, Global Human Resources, TETRA Technologies, Inc., ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, within seven (7) days from the date of the execution of this Agreement. Attached hereto as Exhibit B is a description of the Releaseemployment termination program and information about the ages of the employees within the decisional unit which will implement the described employment termination program.

Appears in 1 contract

Sources: Separation and Release Agreement (Tetra Technologies Inc)

ADEA Release. For In further consideration of the good payments and valuable consideration benefits provided for to you under the this Agreement, the sufficiency of which is Releasors hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you hereby completely unconditionally release and forever release and irrevocably discharge each of the Releasees, of and Released Parties from any and all liabilities, claims, actions, demands, and/or causes Claims that the Releasors may have as of action, the date you sign this Agreement arising under the ADEA on or before the date Federal Age Discrimination in Employment Act of this Release (the “ADEA Release”)1967, as amended, and the applicable rules and regulations promulgated thereunder ("ADEA"). By signing this Agreement, you hereby acknowledge and agree thatconfirm the following: the Agreement and this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement and this Release, including the ADEA Release, is worded in a manner that you fully understand; you specifically waive any rights or claims under the ADEA; you knowingly and voluntarily agree to all of the terms set forth in the Agreement and this Release, including this ADEA Release; you acknowledge and understand that any claims under the ADEA that may arise after the date of this Release are not waived; the rights and claims waived in this Release and this ADEA Release are in exchange for consideration over and above anything to which (i) you were already undisputedly entitled; you have been and hereby are advised by the Company in writing connection with your termination to consult with an attorney of your choice prior to executing signing this Agreement and to have such attorney explain to you the terms of this Agreement, this Release and including, without limitation, the ADEA Releaseterms relating to your release of claims arising under ADEA; (ii) you understand that you have been were given a period of up to not fewer than twenty-one (21) days to consider the ADEA Release prior terms of this Agreement and to executing itconsult with an attorney of your choosing with respect thereto; (iii) you are providing the release and discharge set forth in this Section 7(b) only in exchange for consideration in addition to anything of value to which you are already entitled; and (iv) that you knowingly and voluntarily accept the terms of this Agreement. You further acknowledge that you understand that you have been given a during the Revocation Period (the seven-day period of seven (7) days from following the date on which you sign this Agreement) you may revoke the release contained in this Section 7(b), by delivering to the Company by hand or by mail a written notice of your revocation of the execution release and waiver contained in this Section 7(b) prior to the expiration of the ADEA Release to revoke the ADEA ReleaseRevocation Period. If delivered by mail, and understand and acknowledge that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect to revoke this ADEA Release, revocation must be in writing and presented be: (1) postmarked within the Revocation Period; (2) properly addressed to the Board of Directors or their designee within seven (7) days from Company at the date address on this letterhead, to the attention of the execution General Counsel; and (3) sent by certified mail return receipt requested. Such right of revocation right relates only to the Releaserelease set forth in this Section 7(b) does not act as a revocation of any other term of this Agreement.

Appears in 1 contract

Sources: Resignation and Consulting Agreement (Oneida LTD)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you Executive hereby completely and forever release releases and irrevocably discharge each of discharges the ReleaseesReleased Parties, of and from any and all liabilities, claims, actions, demands, and/or causes of action, Claims arising under the ADEA Age Discrimination in Employment Act (“ADEA”) on or before the date of Executive signs this Release Agreement (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: the Agreement and (i) this ReleaseRelease Agreement, including this the ADEA Release, was negotiated at arms’ arm’s length; the Agreement and (ii) this ReleaseRelease Agreement, including the ADEA Release, is worded in a manner that you Executive fully understandunderstands; you (iii) Executive specifically waive waives any rights or claims under the ADEA; you (iv) Executive knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this ReleaseRelease Agreement, including this the ADEA Release; you acknowledge (v) Executive acknowledges and understand understands that any claims Claims under the ADEA that may arise after the date of this Release Agreement are not waived; (vi) the rights and claims waived in this Release and this Agreement, including the ADEA Release Release, are in exchange for consideration over and above anything to which you were Executive was already undisputedly entitled; you have (vii) Executive has been and hereby are is advised in writing to consult with an attorney prior to executing the Release Agreement, this Release and including the ADEA Release; you understand (viii) Executive acknowledges that you have he/she has been given a period of up to twenty-one (21) days from receipt of this Release Agreement to consider the ADEA Release prior to executing itit and acknowledges and agrees that any discussions between Executive and the Company concerning the terms of this Release Agreement and/or any change in the terms of this Release Agreement after the date that Executive first receives this Release Agreement shall not affect or restart such twenty-one (21) day consideration period; and you understand (ix) Executive understands that you have he/she has been given a period of seven (7) days from the date of the execution of the ADEA this Release Agreement to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect Executive elects to revoke this ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee within seven (7) days from the date of the execution of the Release.revocation

Appears in 1 contract

Sources: Change of Control Agreement (Tetra Technologies Inc)

ADEA Release. For In consideration of the good and valuable consideration provided for under promises of the Company set forth in this Agreement, the sufficiency of which is Employee hereby acknowledged, releases and to which you acknowledge you are not otherwise entitled, and other valuable consideration, discharges the sufficiency of which is hereby acknowledged, you hereby completely and forever release and irrevocably discharge each of the Releasees, of and Released Parties from any and all liabilities, claims, actions, demands, and/or causes of action, Claims that the Employee may have against the Released Parties arising under the ADEA on or before the date U.S. Age Discrimination in Employment Act of this Release (the “ADEA Release”)1967, as amended, and hereby acknowledge the applicable rules and agree regulations promulgated thereunder ("ADEA"). The Employee acknowledges that the Employee understands that the ADEA is a federal statute that prohibits discrimination on the basis of age in employment, benefits and benefit plans. The Employee also understands that: , by signing this Agreement, the Agreement Employee is waiving all Claims against any and all of the Released Parties released by this Agreement. By signing this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement Employee hereby acknowledges and this Release, including confirms the ADEA Release, following: (a) The Employee is worded in a manner that you fully understand; you specifically waive any rights or claims under providing the ADEA; you knowingly release and voluntarily agree to all of the terms discharge set forth in the this Agreement and this Release, including this ADEA Release; you acknowledge and understand that any claims under the ADEA that may arise after the date of this Release are not waived; the rights and claims waived in this Release and this ADEA Release are in exchange for consideration over and above in addition to anything of value to which you were the Employee is already undisputedly entitled; you have been and . (b) The Employee was hereby are advised by the Company in writing to consult with an attorney of the Employee's choice prior to executing signing this Agreement and to have such attorney explain to the AgreementEmployee the terms of this Agreement including, without limitation, the terms relating to his release of claims arising under the ADEA. (c) The Employee has read this Release Agreement carefully and completely and understands each of the ADEA Release; you understand terms thereof. (d) The Employee is aware that you have been given a period of up to he has twenty-one (21) days in which to consider the ADEA Release terms of the release contained in this Agreement. To the extent the Employee has executed this Agreement within less than twenty-one (21) days after its delivery to the Employee, the Employee hereby acknowledges that the Employee's decision to execute this Agreement prior to executing it; and you understand that you have been given the expiration of such twenty-one (21)-day period was entirely voluntary. For a period of seven (7) days from following the date Employee's execution and delivery of this Agreement, the execution of Employee has the ADEA Release right to revoke the ADEA Releaserelease contained in this Agreement (the "Revocation Period") commencing immediately following the date the Employee signs and delivers this Agreement to the Company. The Revocation Period shall expire at 5:00 p.m. California time on the last day of the Revocation Period; provided, and understand and acknowledge however, that if such seventh day is not a business day, the ADEA Release will not become Revocation Period shall extend to 5:00 p.m. on the next succeeding business day. No such revocation by the Employee shall be effective or enforceable until the revocation period has expired. If you elect to revoke this ADEA Release, revocation must be unless it is in writing and presented signed by the Employee and received by the Company prior to the Board of Directors or their designee within seven (7) days from the date expiration of the execution Revocation Period. (e) As set forth in section 7(f)(1)(C) of the ReleaseADEA, as added by the Older Workers Benefit Protection Act of 1990, the Employee understands that the Employee is not waiving any rights or Claims provided under ADEA that may arise after this Agreement is executed by the Employee.

Appears in 1 contract

Sources: Separation Agreement (Lipid Sciences Inc/)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you Executive hereby completely and forever release releases and irrevocably discharge each of discharges the ReleaseesReleased Parties, of and from any and all liabilities, claims, actions, demands, and/or causes of action, Claims arising under the ADEA Age Discrimination in Employment Act (“ADEA”) on or before the date of Executive signs this Release Agreement (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: the Agreement and (i) this ReleaseRelease Agreement, including this the ADEA Release, was negotiated at arms’ arm’s length; the Agreement and (ii) this ReleaseRelease Agreement, including the ADEA Release, is worded in a manner that you Executive fully understandunderstands; you (iii) Executive specifically waive waives any rights or claims under the ADEA; you (iv) Executive knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this ReleaseRelease Agreement, including this the ADEA Release; you acknowledge (v) Executive acknowledges and understand understands that any claims Claims under the ADEA that may arise after the date of this Release Agreement are not waived; (vi) the rights and claims waived in this Release and this Agreement, including the ADEA Release Release, are in exchange for consideration over and above anything to which you were Executive was already undisputedly entitled; you have (vii) Executive has been and hereby are is advised in writing to consult with an attorney prior to executing the Release Agreement, this Release and including the ADEA Release; you understand (viii) Executive acknowledges that you have he has been given a period of up to twenty-one (21) days from receipt of this Release Agreement to consider the ADEA Release prior to executing itit and acknowledges and agrees that any discussions between Executive and the Company concerning the terms of this Release Agreement and/or any change in the terms of this Release Agreement after the date that Executive first receives this Release Agreement shall not affect or restart such twenty-one (21) day consideration period; and you understand (ix) Executive understands that you have he has been given a period of seven (7) days from the date of the execution of the ADEA this Release Agreement to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect Executive elects to revoke this ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee __________________, __________________, CSI Compressco GP Inc., ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, within seven (7) days from the date of the execution of the ReleaseRelease Agreement.

Appears in 1 contract

Sources: Change of Control Agreement (CSI Compressco LP)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you Employee hereby completely and forever release releases and irrevocably discharge each of the Releaseesdischarges Employer, its predecessors, successors, subsidiaries, affiliates, officers, directors, employees, agents, attorneys and representatives, of and from any and all liabilities, claims, actions, demands, and/or causes of action, arising under the ADEA on or before the date of this Release (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: the Agreement and this Release, including this the ADEA Release, was negotiated at arms’ arms length; the Agreement and this Release, including the ADEA Release, is worded in a manner that you Employee fully understandunderstands; you Employee specifically waive waives any rights or claims under the ADEA; you Employee knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this Release, including this the ADEA Release; you acknowledge Employee acknowledges and understand understands that any claims under the ADEA that may arise after the date of this Release are not waived; the rights and claims waived in this Release and this Release, including the ADEA Release Release, are in exchange for consideration over and above anything to which you were Employee was already undisputedly entitled; you have Employee has been and hereby are is advised in writing to consult with an attorney prior to executing the AgreementRelease, this Release and including the ADEA Release; you understand Employee understands that you have he/she has been given a period of up to twentyforty-one five days (2145) days to consider the ADEA Release prior to executing it; and you understand Employee understands that you have he/she has been given a period of seven (7) days from the date of the execution of the ADEA Release to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect Employee elects to revoke this ADEA Releasehis/her release of age discrimination claims, revocation must be in writing and presented to the Board of Directors or their designee ▇▇▇▇▇ ▇▇▇▇▇▇▇, Human Resources Manager, CSI Compressco, ▇.▇. ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, within seven (7) days from the date of the execution of the Release. Employee acknowledges that he/she received this Release on or before December 4, 2015 and agrees that any discussions between Employee and Employer concerning the terms of this Release and/or any change in the terms of this Release after December 4, 2015 shall not affect or restart the above-referenced forty-five (45) day consideration period. Employee further acknowledges that this Release is offered in connection with an employment termination program affecting more than one employee of the Employer. Attached hereto as Exhibit A is a description of the employment termination program. Employee acknowledges receipt of information about the ages of the employees within the decisional unit.

Appears in 1 contract

Sources: Separation and Release Agreement (CSI Compressco LP)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you Employee hereby completely and forever release releases and irrevocably discharge each of discharges the ReleaseesReleased Parties, of and from any and all liabilities, claims, actions, demands, and/or causes of action, Claims arising under the ADEA Age Discrimination in Employment Act (“ADEA”) on or before the date of Employee signs this Release (the “ADEA Release”)Agreement, and hereby acknowledge acknowledges and agree agrees that: the (i) this Release Agreement and this Release, including this ADEA Release, was negotiated at arms’ arm’s length; the (ii) this Release Agreement and this Release, including the ADEA Release, is worded in a manner that you Employee fully understandunderstands; you (iii) Employee specifically waive waives any rights or claims under the ADEA; you (iv) Employee knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement Release Agreement; (v) Employee acknowledges and this Release, including this ADEA Release; you acknowledge and understand understands that any claims under the ADEA that may arise after the date of this Release Agreement are not waived; (vi) the rights and claims waived in this Release and this ADEA Release Agreement are in exchange for consideration over and above anything to which you were Employee was already undisputedly entitled; you have (vii) Employee has been and hereby are is advised in writing to consult with an attorney prior to executing the Release Agreement, ; (viii) Employee acknowledges that he received this Release Agreement on ________________, 2012, and the ADEA Release; you understand Employee understands that you have he has been given a period of up to twenty-one (21) days from receipt of this Release Agreement to consider the release contained in this Paragraph 4 (the “ADEA Release Release”) prior to executing it; (ix) Employee acknowledges and you understand agrees that you have any discussions between Employee and Employer concerning the terms of this Release Agreement and any change in the terms of this Release Agreement shall not affect or restart such twenty-one (21) day consideration period; and (x) Employee understands that he has been given a period of seven (7) days from the date of the execution of the ADEA this Release Agreement to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect Employee elects to revoke this ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee within seven (7) days from the date of the execution of the Release.to

Appears in 1 contract

Sources: Separation and Release Agreement (Compressco Partners, L.P.)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you Employee hereby completely and forever release releases and irrevocably discharge each of discharges the Releasees, of and Released Parties from any and all liabilities, claims, actions, demands, and/or causes of action, Claims arising under the ADEA Age Discrimination in Employment Act (“ADEA”) on or before the date of Employee signs this Release Agreement, and hereby acknowledges and agrees that: (i) this Release Agreement was negotiated at arm’s length; (ii) this Release Agreement, including this release of ADEA claims (the “ADEA Release”), and hereby acknowledge and agree that: the Agreement and this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement and this Release, including the ADEA Release, is worded in a manner that you Employee fully understandunderstands; you (iii) Employee specifically waive waives any rights or claims under the ADEA; you (iv) Employee knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this ReleaseRelease Agreement, including this ADEA Release; you acknowledge (v) Employee acknowledges and understand understands that any claims under the ADEA that may arise after the date of this Release Agreement are not waived; (vi) the rights and claims waived in this Release and Agreement, including this ADEA Release Release, are in exchange for consideration over and above anything to which you were Employee was already undisputedly entitled; you have (vii) Employee has been and hereby are is advised in writing to consult with an attorney prior to executing the Agreement, this Release and the ADEA ReleaseAgreement; you understand (viii) Employee acknowledges that you have he has been given a period of up to twentyforty-one five (2145) days from receipt of this Release Agreement to consider the this ADEA Release prior to executing it, although he may accept it any time within such forty-five (45) days, and acknowledges and agrees that any discussions between Employee and the Company and/or TETRA concerning the terms of this Release Agreement, including this ADEA Release, and/or any change in the terms of this Release Agreement, including this ADEA Release, after the date that Employee first receives this Release Agreement shall not affect or restart such forty-five (45) day consideration period; and you understand (ix) Employee understands that you have been given he has a period of seven (7) days from the date of the execution of the ADEA this Release Agreement to revoke the this ADEA Release, and understand understands and acknowledge acknowledges that the this ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect Employee elects to revoke this ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Director, Global Human Resources, TETRA Technologies, Inc., ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, within seven (7) days from the date of the execution of this Agreement. Attached hereto as Exhibit 1 is a description of the Releaseemployment termination program and information about the ages of the employees within the decisional unit which will implement the described employment termination program.

Appears in 1 contract

Sources: Separation and Release Agreement (Tetra Technologies Inc)

ADEA Release. For In consideration of the good and valuable consideration provided for under promises of the Company set forth in this Agreement, the sufficiency of which is Employee hereby acknowledged, releases and to which you acknowledge you are not otherwise entitled, and other valuable consideration, discharges the sufficiency of which is hereby acknowledged, you hereby completely and forever release and irrevocably discharge each of the Releasees, of and Released Parties from any and all liabilities, claims, actions, demands, and/or causes of action, Claims that the Employee may have against the Released Parties arising under the ADEA on or before the date U.S. Age Discrimination in Employment Act of this Release (the “ADEA Release”)1967, as amended, and hereby acknowledge the applicable rules and agree regulations promulgated thereunder ("ADEA"). The Employee acknowledges that the Employee understands that the ADEA is a federal statute that prohibits discrimination on the basis of age in employment, benefits and benefit plans. The Employee also understands that: , by signing this Agreement, the Agreement Employee is waiving all Claims against any and all of the Released Parties released by this Agreement. By signing this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement Employee hereby acknowledges and this Release, including confirms the ADEA Release, following: (a) The Employee is worded in a manner that you fully understand; you specifically waive any rights or claims under providing the ADEA; you knowingly release and voluntarily agree to all of the terms discharge set forth in the this Agreement and this Release, including this ADEA Release; you acknowledge and understand that any claims under the ADEA that may arise after the date of this Release are not waived; the rights and claims waived in this Release and this ADEA Release are in exchange for consideration over and above in addition to anything of value to which you were the Employee is already undisputedly entitled; you have been and . (b) The Employee was hereby are advised by the Company in writing to consult with an attorney of the Employee's choice prior to executing signing this Agreement and to have such attorney explain to the AgreementEmployee the terms of this Agreement including, without limitation, the terms relating to his release of claims arising under the ADEA. (c) The Employee has read this Release Agreement carefully and completely and understands each of the ADEA Release; you understand terms thereof. (d) The Employee is aware that you have been given a period of up to twentyhe has forty-one five (2145) days in which to consider the ADEA Release terms of the release contained in this Agreement. To the extent the Employee has executed this Agreement within less than forty-five (45) days after its delivery to the Employee, the Employee hereby acknowledges that the Employee's decision to execute this Agreement prior to executing it; and you understand that you have been given the expiration of such forty-five (45)-day period was entirely voluntary. For a period of seven (7) days from following the date Employee's execution and delivery of this Agreement, the execution of Employee has the ADEA Release right to revoke the ADEA Releaserelease contained in this Agreement (the "Revocation Period") commencing immediately following the date the Employee signs and delivers this Agreement to the Company. The Revocation Period shall expire at 5:00 p.m. California time on the last day of the Revocation Period; provided, and understand and acknowledge however, that if such seventh day is not a business day, the ADEA Release will not become Revocation Period shall extend to 5:00 p.m. on the next succeeding business day. No such revocation by the Employee shall be effective or enforceable until the revocation period has expired. If you elect to revoke this ADEA Release, revocation must be unless it is in writing and presented signed by the Employee and received by the Company prior to the Board of Directors or their designee within seven (7) days from the date expiration of the execution Revocation Period. (e) As set forth in section 7(f)(1)(C) of the ReleaseADEA, as added by the Older Workers Benefit Protection Act of 1990, the Employee understands that the Employee is not waiving any rights or Claims provided under ADEA that may arise after this Agreement is executed by the Employee.

Appears in 1 contract

Sources: Separation Agreement (Lipid Sciences Inc/)

ADEA Release. For In recognition of the good and valuable consideration provided for under in the Agreement, the sufficiency of which is Employee hereby acknowledged, releases and to which you acknowledge you are not otherwise entitled, and other valuable consideration, discharges the sufficiency of which is hereby acknowledged, you hereby completely and forever release and irrevocably discharge each of the Releasees, of and Released Parties from any and all liabilities, claims, actions, demands, and/or actions and causes of action, action that he may have against the Released Parties arising under the ADEA on or before the date U.S. Age Discrimination in Employment Act of this Release (the “ADEA Release”)1967, as amended, and hereby acknowledge the applicable rules and agree that: regulations promulgated thereunder ("ADEA"). The Employee acknowledges that he understands that ADEA is a federal statute that prohibits discrimination on the Agreement basis of age in employment, benefits and benefit plans. By signing this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement Employee hereby acknowledges and this Release, including confirms the ADEA Release, following: (a) He is worded in a manner that you fully understand; you specifically waive any rights or claims under providing the ADEA; you knowingly release and voluntarily agree to all of the terms discharge set forth in the Agreement and this Release, including this ADEA Release; you acknowledge and understand that any claims under the ADEA that may arise after the date of this Release are not waived; the rights and claims waived in this Release and this ADEA Release are Section 2 in exchange for consideration over and above in addition to anything of value to which you were he is already undisputedly entitled; you have been and . (b) He was hereby are advised by the Company in writing to consult with an attorney of his choice prior to executing the Agreement, signing this Release and to have such attorney explain to his the ADEA Release; you understand terms of this Release including, without limitation, the terms relating to his release of claims arising under ADEA. (c) He has read this Release carefully and completely and understands each of the terms thereof. (d) He is aware that you have been given a period of up to he has twenty-one (21) days in which to consider the ADEA Release prior to executing it; terms of this Release, which the Employee has knowingly and you understand that you have been given voluntarily waived by accepting the terms of the offer as described herein. For a period of seven (7) days from following his acceptance hereof, the date of Employee has the execution of the ADEA Release right to revoke the ADEA Releaserelease contained in this Section 2 (the "Revocation Period") commencing immediately following the date he signs and delivers this Release to the Company. The Revocation Period shall expire at 5:00 p.m. E.S.T. on the last day of the Revocation Period; provided, and understand and acknowledge however, that if such seventh day is not a business day, the ADEA Release will not become Revocation Period shall extend to 5:00 p.m. on the next succeeding business day. No such revocation by shall be effective or enforceable until the revocation period has expired. If you elect to revoke this ADEA Release, revocation must be unless it is in writing and presented signed by the Employee and received by the Company prior to the Board of Directors or their designee within seven (7) days from the date expiration of the execution Revocation Period. The Employee further understands that this right to revoke the release contained in this Section 2 relates only to this section and does not act as a revocation of any other term of the Agreement and the Release.

Appears in 1 contract

Sources: Consulting Agreement (Lipid Sciences Inc/)

ADEA Release. For In further consideration of the good payments and valuable consideration benefits provided for to you under the this Agreement, the sufficiency of which is Releasors hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you hereby completely unconditionally release and forever release and irrevocably discharge each of the Releasees, of and Released Parties from any and all liabilities, claims, actions, demands, and/or causes Claims that the Releasors may have as of action, the date you sign this Agreement arising under the ADEA on or before the date Federal Age Discrimination in Employment Act of this Release (the “ADEA Release”)1967, as amended, and the applicable rules and regulations promulgated thereunder ("ADEA"). By signing this Agreement, you hereby acknowledge and agree thatconfirm the following: the Agreement and this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement and this Release, including the ADEA Release, is worded in a manner that you fully understand; you specifically waive any rights or claims under the ADEA; you knowingly and voluntarily agree to all of the terms set forth in the Agreement and this Release, including this ADEA Release; you acknowledge and understand that any claims under the ADEA that may arise after the date of this Release are not waived; the rights and claims waived in this Release and this ADEA Release are in exchange for consideration over and above anything to which (i) you were already undisputedly entitled; you have been and hereby are advised by the Company in writing connection with your termination to consult with an attorney of your choice prior to executing signing this Agreement and to have such attorney explain to you the terms of this Agreement, this Release and including, without limitation, the ADEA Releaseterms relating to your release of claims arising under ADEA; (ii) you understand that you have been were given a period of up to not fewer than twenty-one (21) days to consider the ADEA Release prior terms of this Agreement and to executing itconsult with an attorney of your choosing with respect thereto; (iii) you are providing the release and discharge set forth in this Section 5(b) only in exchange for consideration in addition to anything of value to which you are already entitled; and (iv) that you knowingly and voluntarily accept the terms of this Agreement. You further acknowledge that you understand that you have been given a during the Revocation Period (the seven-day period of seven (7) days from following the date on which you sign this Agreement) you may revoke the release contained in this Section 5(b), by delivering to the Company by hand or by mail a written notice of your revocation of the execution release and waiver contained in this Section 5(b) prior to the expiration of the ADEA Release to revoke the ADEA ReleaseRevocation Period. If delivered by mail, and understand and acknowledge that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect to revoke this ADEA Release, revocation must be in writing and presented be: (1) postmarked within the Revocation Period; (2) properly addressed to the Board of Directors or their designee within seven (7) days from Company at the date address on this letterhead, to the attention of the execution General Counsel; and (3) sent by certified mail return receipt requested. Such right of revocation right relates only to the Releaserelease set forth in this Section 5(b) does not act as a revocation of any other term of this Agreement.

Appears in 1 contract

Sources: Resignation and Consulting Agreement (Oneida LTD)

ADEA Release. For the good and valuable consideration provided for under the AgreementEmployee hereby fully, the sufficiency of which is hereby acknowledgedfinally, and to which you acknowledge you are not otherwise entitled, completely releases the Company and other valuable consideration, the sufficiency of which is hereby acknowledged, you hereby completely and forever release and irrevocably discharge each of the Releasees, Released Parties of and from any and all liabilities, claims, actionscharges, demands, and/or or causes of action, action arising under the ADEA on or before the date of this Release Agreement is executed under the Age Discrimination in Employment Act and the Older Workers’ Benefit Protection Act, 42 U.S.C. §§ 1981, 1983, 1985 (“ADEA”), which prohibit age discrimination in employment (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: : (a) this Agreement, which includes the Agreement and this Release, including this ADEA Release, was negotiated at arms-length; the Agreement and TRANSITION AGREEMENT AND RELEASE – ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ (b) this ReleaseAgreement, including which includes the ADEA Release, is worded in a manner that you Employee fully understand; you understands; (c) Employee specifically waive waives any rights or claims under the ADEA; you ; (d) Employee knowingly and voluntarily agree agrees to all of the terms set forth in this Agreement, which includes the Agreement and this Release, including this ADEA Release; you acknowledge ; (e) Employee acknowledges and understand understands that any claims under the ADEA that may arise after the date of this Release Effective Transition Date are not waived; ; (f) the rights and claims waived in this Release and this Agreement, which includes the ADEA Release Release, are in exchange for consideration over and above anything to which you were Employee was already undisputedly entitled; you have ; (g) Employee has been and hereby are is advised in writing to consult with an attorney prior to executing the this Agreement, this Release and including the ADEA Release; you understand ; (h) Employee understands that you have he has been given a period of up to at least twenty-one (21) calendar days to consider the ADEA Release prior to executing it; and you understand and (i) Employee understands that you have he has been given a period of seven (7) days from the date of the execution of the ADEA Release to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect Employee elects to revoke this ADEA Releaserelease of age discrimination claims, revocation must be in writing and presented to the Board of Directors or their designee ▇▇▇▇ ▇▇▇▇▇▇ at ▇▇▇▇.▇▇▇▇▇▇@▇▇▇-▇▇.▇▇▇, with a copy to ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ at ▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇-▇▇.▇▇▇ within seven (7) days from the date of the his execution of this Agreement that contains the ADEA Release. Employee further agrees that only material changes in the terms of this Agreement shall affect or restart the above-referenced 21-day consideration period. Employee understands that nothing in this Agreement is intended to interfere with or deter Employee’s right to challenge the waiver of a claim under the ADEA or state law age discrimination claim or the filing of an ADEA charge or ADEA complaint or state law age discrimination complaint or charge with the EEOC or any state discrimination agency or commission or to participate in any investigation or proceeding conducted by those agencies. Further, Employee understands that nothing in this Agreement would require Employee to tender back the money received under this Agreement if Employee seeks to challenge the validity of the ADEA or state law age discrimination waiver, nor does Employee agree to ratify any ADEA or state law age discrimination waiver that fails to comply with the Older Workers’ Benefit Protection Act by retaining the money received under this Agreement. Further, nothing in this Agreement is intended to require the payment of damages, attorneys’ fees, or costs to the Company should Employee challenge the waiver of an ADEA or state law age discrimination claim or file an ADEA or state law age discrimination suit except as authorized by federal or state law.

Appears in 1 contract

Sources: Transition Agreement and Release (IES Holdings, Inc.)