Common use of Revocation Rights Clause in Contracts

Revocation Rights. Executive acknowledges that this Agreement includes a waiver of any rights and claims arising under the ADEA and the Older Workers Benefit Protection Act (the “ADEA Release”). Executive acknowledges that the consideration that Executive is receiving in exchange for this waiver of the rights and claims specified in this Agreement exceed anything of value to which Executive is already entitled. Executive acknowledges that Executive was advised in writing to consult with an attorney prior to executing this Agreement. Executive represents and agrees that Executive fully understands the right to discuss all aspects of this Agreement with legal counsel, and to the extent Executive has deemed it appropriate, Executive has fully availed himself of this right. Executive acknowledges and represents that he has been given at least twenty-one (21) days during which to review and consider the provisions of this Agreement and, specifically, the General Release set forth in Section 4 above, although he may sign and return it sooner if he so desires. Executive further acknowledges and represents that he has been advised by the Company that he has the right to revoke this Agreement for a period of seven (7) days after signing it. Executive acknowledges and agrees that, if he wishes to revoke this Agreement, he must do so in a writing, signed by him and received by the Company no later than 5:00 p.m. local time on the seventh (7th) day of the revocation period. If the last day of the revocation period falls on a Saturday, Sunday or holiday, the last day of the revocation period will be deemed to be the next business day. If no such revocation occurs, the General Release and this Agreement shall become effective on the eighth (8th) day following his execution of this Agreement (the “Effective Date”). Executive further acknowledges and agrees that, in the event that he revokes this Agreement, it shall have no force or effect, and he shall have no right to receive any payments or benefits pursuant to Section 3.5 hereof.

Appears in 2 contracts

Sources: Separation and General Release Agreement (Forterra, Inc.), Separation and General Release Agreement (Forterra, Inc.)

Revocation Rights. Executive acknowledges that this Agreement includes a waiver of any rights and claims arising under the ADEA and the Older Workers Benefit Protection Act (the “ADEA Release”). Executive acknowledges that the consideration that Executive is receiving in exchange for this waiver of the rights and claims specified in this Agreement exceed anything of value to which Executive is already entitled. Executive acknowledges that Executive was advised in writing to consult with an attorney prior to executing this Agreement. Executive represents and agrees that Executive fully understands the right to discuss all aspects of this Agreement with legal counsel, and to the extent Executive has deemed it appropriate, Executive has fully availed himself of this right. Executive acknowledges and represents that he has been given at least twenty-one (21) days during which to review and consider the provisions of this Agreement and, specifically, the General Release set forth in Section 4 above, although he may sign and return it sooner if he so desires. Executive further acknowledges and represents that he has been advised by the Company that he Employee has the right to revoke the Employee’s Release of Claims under the ADEA by written notice of such to the Company within seven calendar days following Employee’s signing of this Agreement. This Agreement will not become effective or enforceable as to those ADEA claims until that seven-day period has expired. Employee also has the right to revoke (rescind) the Employee’s release of claims under the MHRA by written notice of such to the Company within 15 calendar days following Employee’s signing of this Agreement. This Agreement will not become effective or enforceable as to those MHRA claims until that 15-day period has expired. Any such notice of revocation must be in writing, must identify whether the revocation is applicable to Employee’s ADEA claims, MHRA claims, or both, and must be either hand-delivered to the Company or, if sent by mail, postmarked within the applicable revocation period, sent by certified mail, return receipt requested, and addressed to ▇▇▇▇▇▇▇ ▇▇▇, Human Resources, MOCON, Inc., ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇. ▇., ▇▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. Employee does not have the right to revoke the Release of Claims as to any other Claims. Employee understands that Employee’s receipt of Consideration under this Agreement for a period is contingent upon Employee’s agreement to be bound by the all the terms of seven (7) days after signing itthis Agreement. Executive acknowledges and agrees thatAccordingly, if he wishes Employee revokes any part of the Release of Claims as provided herein, Employee is not entitled to the Consideration offered by the Company. If Employee attempts to revoke Employee’s release of either the ADEA or MHRA claims, Employee will immediately return to the Company any Consideration that Employee may have received under this Agreement; provided however, he must do so in a writing, signed by him that if Employee challenges the knowing and received by the Company no later than 5:00 p.m. local time on the seventh (7th) day voluntary nature of the revocation period. If Release of Employee’s ADEA Claims, Employee is not required to return the last day of the revocation period falls on a Saturday, Sunday or holiday, the last day of the revocation period will be deemed to be the next business day. If no such revocation occurs, the General Release and this Agreement shall become effective on the eighth (8th) day following his execution of this Agreement (the “Effective Date”). Executive further acknowledges and agrees that, in the event that he revokes this Agreement, it shall have no force or effect, and he shall have no right to receive any payments or benefits pursuant to Section 3.5 hereofConsideration.

Appears in 2 contracts

Sources: Separation Agreement, Separation Agreement (Mocon Inc)

Revocation Rights. Executive acknowledges that this Agreement includes a waiver of any rights and claims arising under the ADEA and the Older Workers Benefit Protection Act (the “ADEA Release”). Executive acknowledges that the consideration that Executive is receiving in exchange for this waiver of the rights and claims specified in this Agreement exceed anything of value to which Executive is already entitled. Executive acknowledges that Executive was advised in writing to consult with an attorney prior to executing this Agreement. Executive represents and agrees that Executive fully understands the right to discuss all aspects of this Agreement with legal counsel, and to the extent Executive has deemed it appropriate, Executive has fully availed himself of this right. Executive acknowledges and represents that he has been given at least twenty-one (21) days during which to review and consider the provisions of this Agreement and, specifically, the General Release set forth in Section 4 above, although he may sign and return it sooner if he so desires. Executive further acknowledges and represents that he has been advised by the Company that he Employee has the right to revoke this Agreement for a period the Employee’s Release of seven (7) days after signing it. Executive acknowledges and agrees that, if he wishes to revoke this Agreement, he must do so Claims under the ADEA as provided in a writing, signed by him and received by the Company no later than 5:00 p.m. local time on the seventh (7th) day of the revocation period. If the last day of the revocation period falls on a Saturday, Sunday or holiday, the last day of the revocation period will be deemed to be the next business day. If no such revocation occurs, the General Release and this Agreement shall become effective on the eighth (8th) day following his execution Section 5 of this Agreement (by written notice of such to the “Effective Date”). Executive further acknowledges and agrees that, in the event that he revokes Company within seven calendar days following Employee’s signing of this Agreement. This Agreement will not become effective or enforceable as to those ADEA claims until that seven-day period has expired. Employee also has the right to revoke (rescind) the Employee’s release of claims under the MHRA by written notice of such to the Company within 15 calendar days following Employee’s signing of this Agreement. This Agreement will not become effective or enforceable as to those MHRA claims until that 15-day period has expired. Any such notice of revocation must be in writing, it shall have no force must identify whether the revocation is applicable to Employee’s ADEA claims, MHRA claims, or effectboth, and he shall must be either hand-delivered to the Company or, if sent by mail, postmarked within the applicable revocation period, sent by certified mail, return receipt requested, and addressed to ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, MOCON, Inc., ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇. ▇., ▇▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. Employee does not have no the right to receive revoke the Release of Claims as to any payments other Claims. Employee understands that Employee’s receipt of Consideration under this Agreement is contingent upon Employee’s agreement to be bound by the all the terms of this Agreement. Accordingly, if Employee revokes the Release of Claims as provided herein, Employee is not entitled to the Consideration offered by the Company. If Employee attempts to revoke Employee’s release of either the ADEA or benefits pursuant MHRA claims, Employee will immediately return to Section 3.5 hereofthe Company any Consideration that Employee may have received under this Agreement; provided however, that if Employee challenges the knowing and voluntary nature of the Release of Employee’s ADEA Claims, Employee is not required to return the Consideration.

Appears in 1 contract

Sources: Separation Agreement (Mocon Inc)

Revocation Rights. Executive acknowledges that this Agreement includes a waiver of any rights and claims arising under the ADEA and the Older Workers Benefit Protection Act (the “ADEA Release”). Executive acknowledges that the consideration that Executive is receiving in exchange for this waiver of the rights and claims specified in this Agreement exceed anything of value to which Executive is already entitled. Executive acknowledges that Executive was advised in writing to consult with an attorney prior to executing this Agreement. Executive represents and agrees that Executive fully understands the right to discuss all aspects of this Agreement with legal counsel, and to the extent Executive has deemed it appropriate, Executive has fully availed himself of this right. Executive acknowledges and represents that he has been given at least twenty-one (21) days during which to review and consider the provisions of this Agreement and, specifically, the General Release set forth in Section 4 above, although he may sign and return it sooner if he so desires. Executive further acknowledges and represents that he has been advised by the Company that he The Employee has the right to revoke this Agreement for a period the Employee’s waiver and release of the Employee’s ADEA claims by written notice of such to the Company within seven (7) calendar days after following the Employee’s signing itof this Agreement. Executive acknowledges This Agreement will not become effective or enforceable as to those ADEA claims until that seven (7)-day period has expired. The Employee has the right to revoke (rescind) the Employee’s waiver and agrees thatrelease of the Employee’s MHRA claims by written notice of such to the Company within fifteen (15) calendar days following the Employee’s signing of this Agreement. This Agreement will not become effective or enforceable as to those MHRA claims until that fifteen (15)-day period has expired. A notice of revocation must be in writing, must state whether the revocation is applicable to the Employee’s ADEA claims, MHRA claims or both, and must be either hand-delivered to the Company or, if he wishes sent by mail, postmarked within the appropriate revocation period, sent by certified mail, return receipt requested, and addressed to: ▇▇▇▇▇ ▇. ▇▇▇▇, Chief Financial Officer Entellus Medical, Inc. ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ North, Suite 40 Plymouth, MN 55447 The Employee does not have the right to revoke the waiver and release of Claims as to any other Claims. The Employee understands that the Employee’s receipt of the Severance Benefits is contingent upon the Employee’s agreement to be bound by all terms of this Agreement. Accordingly, he must do so in a writingif the Employee revokes the waiver and release of either the Employee’s ADEA claims or MHRA claims, signed by him and received by or both, the Company no later than 5:00 p.m. local time on Employee is not entitled to the seventh (7th) day Severance Benefits. Instead, the Employee will be paid consideration of $1.00 for his release of the revocation period. If the last day of the revocation period falls on a Saturday, Sunday or holiday, the last day of the revocation period will be deemed to be the next business day. If no such revocation occurs, the General Release and this Agreement shall become effective on the eighth (8th) day following his execution of this Agreement (the “Effective Date”). Executive further acknowledges and agrees that, in the event that he revokes this Agreement, it shall have no force or effect, and he shall have no right to receive any payments or benefits pursuant to Section 3.5 hereofremaining Claims.

Appears in 1 contract

Sources: Separation and Release Agreement (Entellus Medical Inc)

Revocation Rights. Executive acknowledges that this Agreement includes a waiver of any rights and claims arising under the ADEA and the Older Workers Benefit Protection Act (the “ADEA Release”). Executive acknowledges that the consideration that Executive is receiving in exchange for this waiver of the rights and claims specified in this Agreement exceed anything of value to which Executive is already entitled. Executive acknowledges that Executive was advised in writing to consult with an attorney prior to executing this Agreement. Executive represents and agrees that Executive fully understands the right to discuss all aspects of this Agreement with legal counsel, and to the extent Executive has deemed it appropriate, Executive has fully availed himself of this right. Executive acknowledges and represents that he has been given at least twenty-one (21) days during which to review and consider the provisions of this Agreement and, specifically, the General Release set forth in Section 4 above, although he may sign and return it sooner if he so desires. Executive further acknowledges and represents that he has been advised by the Company that he ▇▇▇▇▇▇ has the right to revoke the ▇▇▇▇▇▇’▇ Release of Claims under the ADEA by written notice of such to the Company within seven calendar days following ▇▇▇▇▇▇’▇ signing of this Agreement. This Agreement will not become effective or enforceable as to those ADEA claims until that seven-day period has expired. ▇▇▇▇▇▇ has the right to revoke (rescind) the ▇▇▇▇▇▇’▇ release of claims under the MHRA by written notice of such to the Company within 15 calendar days following ▇▇▇▇▇▇’▇ signing of this Agreement. This Agreement will not become effective or enforceable as to those MHRA claims until that 15-day period has expired. Any such notice of revocation must be in writing, must identify whether the revocation is applicable to ▇▇▇▇▇▇’▇ ADEA claims, MHRA claims, or both, and must be either hand-delivered to the Company or, if sent by mail, postmarked within the applicable revocation period, sent by certified mail, return receipt requested, and addressed to ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Chief Financial Officer, Uroplasty, Inc., ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. ▇▇▇▇▇▇ does not have the right to revoke the Release of Claims as to any other Claims. ▇▇▇▇▇▇ understands that her receipt of Consideration under this Agreement for a period is contingent upon her agreement to be bound by all the terms of seven (7) days after signing itthis Agreement. Executive acknowledges and agrees thatAccordingly, if he wishes ▇▇▇▇▇▇ revokes the Release of Claims as provided herein, ▇▇▇▇▇▇ is not entitled to the Consideration offered by the Company. If ▇▇▇▇▇▇ attempts to revoke her release of either the ADEA or MHRA claims, she will immediately return to the Company any Consideration that she may have received under this Agreement; provided however, he must do so in a writing, signed by him that if ▇▇▇▇▇▇ challenges the knowing and received by the Company no later than 5:00 p.m. local time on the seventh (7th) day voluntary nature of the revocation period. If Release of her ADEA Claims, she is not required to return the last day of the revocation period falls on a Saturday, Sunday or holiday, the last day of the revocation period will be deemed to be the next business day. If no such revocation occurs, the General Release and this Agreement shall become effective on the eighth (8th) day following his execution of this Agreement (the “Effective Date”). Executive further acknowledges and agrees that, in the event that he revokes this Agreement, it shall have no force or effect, and he shall have no right to receive any payments or benefits pursuant to Section 3.5 hereofConsideration.

Appears in 1 contract

Sources: Separation and Release Agreement (Uroplasty Inc)