Older Workers’ Benefit Protection Act Contract Clauses (34)

Grouped Into 2 Collections of Similar Clauses From Business Contracts

This page contains Older Workers’ Benefit Protection Act clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Older Workers’ Benefit Protection Act. This Agreement is intended to satisfy the requirements of the Older Workers' Benefit Protection Act, 29 U.S.C. sec. 626(f). Employee is advised to consult with an attorney before executing this Agreement. 10.1 Acknowledgments/Time to Consider. Employee acknowledges and agrees that (a) Employee has read and understands the terms of this Agreement; (b) Employee has been advised in writing to consult with an attorney before executing this Agreement; (c) Employee has obtained and considered such leg...al counsel as Employee deems necessary; (d) Employee has been given twenty-one (21) days to consider whether or not to enter into this Settlement Agreement (although Employee may elect not to use the full 21-day period at Employee's option); and (e) by signing this Agreement, Employee acknowledges that Employee does so freely, knowingly, and voluntarily. 10.2 Revocation/Effective Date. This Agreement shall not become effective or enforceable until the eighth day after Employee signs this Agreement. In other words, Employee may revoke Employee' acceptance of this Agreement within seven (7) days after the date Employee signs it. Employee's revocation must be in writing and received by Company by the seventh day in order to be effective. If Employee does not revoke acceptance within the seven (7) day period, Employee's acceptance of this Agreement shall become binding and enforceable on the eighth day ("Effective Date"). 10.3 Preserved Rights of Employee. This Agreement does not waive or release any rights or claims that Employee may have under the Age Discrimination in Employment Act that arise after the execution of this Agreement. In addition, this Agreement does not prohibit Employee from challenging the validity of this Agreement's waiver and release of claims under the Age Discrimination in Employment Act of 1967, as amended. View More
Found in Evofem Biosciences, Inc. contract
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Older Workers’ Benefit Protection Act. This Agreement is intended to satisfy the requirements of the Older Workers' Benefit Protection Act, 29 U.S.C. sec. 626(f). Employee is advised to consult with an attorney before executing this Agreement. 10.1 13.1 Acknowledgments/Time to Consider. Employee acknowledges and agrees that (a) Employee has read and understands the terms of this Agreement; (b) Employee has been advised in writing to consult with an attorney before executing this Agreement; (c) Employee has obtained and considered suc...h legal counsel as Employee deems necessary; (d) Employee has been given twenty-one (21) days to consider whether or not to enter into this Settlement Agreement (although Employee may elect not to use the full 21-day period at Employee's option); and (e) by signing this Agreement, Employee acknowledges that Employee does so freely, knowingly, and voluntarily. 10.2 13.2 Revocation/Effective Date. This Agreement shall not become effective or enforceable until the eighth day after Employee signs this Agreement. In other words, Employee may revoke Employee' Employee's acceptance of this Agreement within seven (7) days after the date Employee signs it. Employee's revocation must be in writing and received by Company Maria Martinez, Chief Human Resources Officer by 5:00 p.m. Eastern Time on the seventh day in order to be effective. If Employee does not revoke acceptance within the seven (7) day period, Employee's acceptance of this Agreement shall become binding and enforceable on the eighth day ("Effective (the "Effective Date"). 10.3 13.3 Preserved Rights of Employee. This Agreement does not waive or release any rights or claims that Employee may have under the Age Discrimination in Employment Act that arise after the execution of this Agreement. In addition, this Agreement does not prohibit Employee from challenging the validity of this Agreement's waiver and release of claims under the Age Discrimination in Employment Act Act. 6 EAST\163455543.1 14. Confidentiality. Employee agrees to keep the terms of 1967, this Agreement confidential between Employee and Company, except that Employee may tell Employee's immediate family, attorney and accountant, if any, as amended. needed (and provided that Employee first obtains the agreement of any such person to maintain the confidentiality of the terms of this Agreement), but in no event should Employee discuss this Agreement or its terms with any current or prospective employee of Company. View More
Found in AxoGen, Inc. contract
Older Workers’ Benefit Protection Act. This Agreement is intended to satisfy the requirements of the Older Workers' Benefit Protection Act, 29 U.S.C. sec. 626(f). Employee is advised The following general provisions, along with the other provisions of this Agreement, are agreed to consult with an attorney before executing for this Agreement. 10.1 Acknowledgments/Time to Consider. purpose: 7.1 Employee acknowledges and agrees that (a) Employee he has read and understands the terms of this Agreement; (b) Agreement. 7.2 Employee has bee...n is advised in writing to that Employee should consult with an attorney before executing this Agreement; (c) Agreement, and Employee acknowledges that Employee has obtained and considered such any legal counsel as advice Employee deems necessary; (d) necessary, such that Employee is entering into this Agreement freely, knowingly, and voluntarily. 7.3 Employee acknowledges that Employee has been given twenty-one (21) at least 21 days in which to consider whether or not to enter into this Settlement Agreement (although Agreement. Employee understands that, at Employee's option, Employee may elect not to use the full 21-day period at Employee's option); and (e) by signing this Agreement, Employee acknowledges that Employee does so freely, knowingly, and voluntarily. 10.2 Revocation/Effective Date. consideration period. 7.4 This Agreement shall not become effective or enforceable until the eighth day after Employee signs this Agreement. In other words, Employee may revoke Employee' his acceptance of this Agreement within seven (7) days after the date Employee signs it. Employee's revocation must be in writing and received by Company the Director, Human Resources of Buzztime by 5:00 p.m. on the seventh day in order to be effective. If Employee does not revoke acceptance within the seven (7) day period, Employee's acceptance of this Agreement shall become becomes binding and enforceable on the eighth day ("Effective Date"). 10.3 Preserved Rights of Employee. Employee will notify the CEO and Chief Legal Counsel in writing on or shortly after the eighth day after he signs this Agreement as to whether Employee revoked the Agreement. 7.5 This Agreement does not waive or release any rights or claims that Employee may have under the Age Discrimination in Employment Act that arise are based on any facts or events occurring after the execution of this Agreement. In addition, this Agreement does not prohibit Employee from challenging the validity of this Agreement's waiver and release of claims under the Age Discrimination in Employment Act of 1967, as amended. View More
Found in NTN BUZZTIME INC contract
Older Workers’ Benefit Protection Act. This 6.2Employee acknowledges that this Agreement is intended to satisfy the requirements of the Older Workers' Benefit Protection Act, 29 U.S.C. sec. 626(f). advises Employee is advised to in writing that Employee may consult with an attorney before executing this Agreement. 10.1 Acknowledgments/Time to Consider. Employee acknowledges Agreement, and agrees that (a) Employee has read and understands the terms of this Agreement; (b) Employee has been advised in writing to consult with an attorney... before executing this Agreement; (c) Employee has obtained and considered such legal counsel as Employee deems necessary; (d) necessary, such that Employee is entering into this Agreement freely, knowingly, and voluntarily. 6.3Employee acknowledges that Employee has been given twenty-one twenty‐one (21) calendar days in which to consider whether or not to enter into this Settlement Agreement (although Employee may elect not to use the full 21-day period at Employee's option); and (e) by signing this Agreement, Employee acknowledges that Employee does so freely, knowingly, and voluntarily. 10.2 Revocation/Effective Date. This Agreement. 6.4This Agreement shall not become effective or enforceable until the eighth calendar day after Employee signs this Agreement. In other words, Employee may revoke Employee' acceptance of this Agreement within seven (7) days after the date Employee signs it. Employee's revocation must be in writing and received by Company by the seventh day in order to be effective. If Employee does not revoke acceptance within the seven (7) day period, Employee's acceptance of this Agreement shall become binding and enforceable on the eighth day ("Effective Date"). 10.3 Preserved Rights of Employee. This 6.5This Agreement does not waive or release any rights or claims that Employee may have under the Age Discrimination in Employment Act that arise after the execution of this Agreement. In addition, this Agreement does not prohibit Employee from challenging the validity of this Agreement's waiver and release of claims under the Age Discrimination in Employment Act of 1967, as amended. View More
Found in ResMed contract
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Older Workers’ Benefit Protection Act. (a) Employee has specific rights under the Age Discrimination in Employment Act ("ADEA") as amended by the Older Workers' Benefit Protection Act of 1990 ("OWBPA"). It is the Company's desire and intent to make certain that the Employee fully understands the provisions and effects of this Release Agreement. To that end, the Employee acknowledges that: i. CONSISTENT WITH THE PROVISIONS OF THE OWBPA, EMPLOYEE HAS BEEN ADVISED OF THE RIGHT AND GIVEN THE OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL FOR ...THE PURPOSE OF REVIEWING THE TERMS OF THIS RELEASE AGREEMENT, INCLUDING, IN PARTICULAR, THE RELEASE OF CLAIMS (ALTHOUGH EMPLOYEE MAY CHOOSE VOLUNTARILY NOT TO DO SO); ii. CONSISTENT WITH THE PROVISIONS OF THE OWBPA, THE COMPANY IS PROVIDING EMPLOYEE WITH TWENTY-ONE (21) DAYS IN WHICH TO CONSIDER, SIGN AND RETURN THIS RELEASE AGREEMENT TO THE COMPANY (ALTHOUGH EMPLOYEE MAY CHOOSE VOLUNTARILY TO EXECUTE THIS RELEASE AGREEMENT EARLIER); iii. CONSISTENT WITH THE PROVISIONS OF THE OWBPA, EMPLOYEE HAS SEVEN (7) DAYS FOLLOWING THE DATE EMPLOYEE SIGNS THIS RELEASE AGREEMENT TO REVOKE EMPLOYEE'S CONSENT TO THIS RELEASE AGREEMENT; 8 iv. CONSISTENT WITH THE PROVISIONS OF THE OWBPA, EMPLOYEE ACKNOWLEDGES THAT THIS RELEASE AGREEMENT SHALL NOT BE EFFECTIVE UNTIL THE SEVEN (7) DAY REVOCATION PERIOD HAS EXPIRED; v. EMPLOYEE ACKNOWLEDGES AND UNDERSTANDS THAT THIS RELEASE AGREEMENT DOES NOT WAIVE ANY RIGHTS OR CLAIMS THAT MAY ARISE AFTER THE DATE THE RELEASE AGREEMENT IS EXECUTED; AND vi. EMPLOYEE ACKNOWLEDGES AND AGREES THAT THIS RELEASE AGREEMENT IS WRITTEN IN A MANNER CALCULATED TO BE UNDERSTOOD BY EMPLOYEE AND EMPLOYEE FURTHER ACKNOWLEDGES AND AGREES THAT EMPLOYEE FULLY UNDERSTANDS THE TERMS OF THIS RELEASE AGREEMENT. (b)By executing this Release Agreement, the parties agree that any changes to this Release Agreement, whether material or immaterial, do not restart the running of the twenty-one-day period provided for in Paragraph 17(a)(ii) above. (c) In the event Employee does not accept this Release Agreement, or in the event Employee revokes this Release Agreement during the seven-day Revocation Period, this Release Agreement, including but not limited to the Company's obligations set forth in Paragraph 2 of this Release Agreement, shall automatically be deemed null and void. (d)To effectively revoke, Employee must notify Pete Marciniak in writing of Employee's intent to revoke no later than midnight of the seventh day after Employee has signed this Release Agreement. (e)This Release Agreement shall become effective on the eighth day following Employee's execution of this Release Agreement (the "Effective Date") unless revoked. 9 18.Entire Agreement. This Release Agreement contains the entire agreement of the parties and supersedes all previous negotiations, whether written or oral. This Release Agreement may be changed only by an instrument in writing signed by the party against whom the charge, waiver, modification, extension or discharge is sought. EMPLOYEE ACKNOWLEDGES AND AGREES THAT NO PROMISE, INDUCEMENT OR AGREEMENT NOT EXPRESSED IN THIS RELEASE AGREEMENT HAS BEEN MADE REGARDING THIS RELEASE AGREEMENT AND THAT EMPLOYEE HAS READ THIS RELEASE AGREEMENT, UNDERSTANDS THAT IT CONTAINS A RELEASE OF ALL EMPLOYEE'S CLAIMS, KNOWN AND UNKNOWN, AND IS VOLUNTARILY ENTERING INTO IT. EMPLOYEE FURTHER REPRESENTS THAT EMPLOYEE HAS HAD REASONABLE TIME DAYS TO CONSIDER THE PROVISIONS OF THIS RELEASE AGREEMENT BEFORE ENTERING INTO IT. BY SIGNING BELOW, EMPLOYEE ACKNOWLEDGES AND REPRESENTS THAT EMPLOYEE HAS NOT SUFFERED ANY AGE OR OTHER DISCRIMINATION, HARASSMENT, RETALIATION, OR WRONGFUL TREATMENT BY ANY RELEASED PARTY. PLEASE READ THIS RELEASE AGREEMENT CAREFULLY. IT CONTAINS A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. LOUIS J. BELARDI Date: STEEL CONNECT, INC. By: Date: 10 EX-10.1 2 ex101to8k09369011_03053019.htm Exhibit 10.1 February 25, 2019 Louis J. Belardi 2347 Schlosser Road Harleysville, Pennsylvania 19438 Dear Lou: Steel Connect, Inc. (the "Company") desires to enter into this Retention Agreement (the "Agreement") with you ("you" or "Employee") to encourage you to: (i) remain employed with Company, (ii) continue to perform in a highly effective manner, and (iii) proactively execute the commercial strategy that the Company employs. This Agreement when countersigned by you will confirm the agreement between you and the Company regarding the terms and conditions related to this retention program. View More
Found in Steel Connect, Inc. contract
Older Workers’ Benefit Protection Act. (a) Employee has specific rights under the Age Discrimination in Employment Act ("ADEA") as amended by the Older Workers' Benefit Protection Act of 1990 ("OWBPA"). It is the Company's desire and intent to make certain that the Employee fully understands the provisions and effects of this Release Agreement. To that end, the Employee acknowledges that: i. CONSISTENT WITH THE PROVISIONS OF THE OWBPA, EMPLOYEE HAS BEEN ADVISED OF THE RIGHT AND GIVEN THE OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL FOR ...THE PURPOSE OF REVIEWING THE TERMS OF THIS RELEASE AGREEMENT, INCLUDING, IN PARTICULAR, THE RELEASE OF CLAIMS (ALTHOUGH EMPLOYEE MAY CHOOSE VOLUNTARILY NOT TO DO SO); ii. CONSISTENT WITH THE PROVISIONS OF THE OWBPA, THE COMPANY IS PROVIDING EMPLOYEE WITH TWENTY-ONE (21) DAYS IN WHICH TO CONSIDER, SIGN AND RETURN THIS RELEASE AGREEMENT TO THE COMPANY (ALTHOUGH EMPLOYEE MAY CHOOSE VOLUNTARILY TO EXECUTE THIS RELEASE AGREEMENT EARLIER); iii. CONSISTENT WITH THE PROVISIONS OF THE OWBPA, EMPLOYEE HAS SEVEN (7) DAYS FOLLOWING THE DATE EMPLOYEE SIGNS THIS RELEASE AGREEMENT TO REVOKE EMPLOYEE'S CONSENT TO THIS RELEASE AGREEMENT; 8 iv. CONSISTENT WITH THE PROVISIONS OF THE OWBPA, EMPLOYEE ACKNOWLEDGES THAT THIS RELEASE AGREEMENT SHALL NOT BE EFFECTIVE UNTIL THE SEVEN (7) DAY REVOCATION PERIOD HAS EXPIRED; v. EMPLOYEE ACKNOWLEDGES AND UNDERSTANDS THAT THIS RELEASE AGREEMENT DOES NOT WAIVE ANY RIGHTS OR CLAIMS THAT MAY ARISE AFTER THE DATE THE RELEASE AGREEMENT IS EXECUTED; AND vi. EMPLOYEE ACKNOWLEDGES AND AGREES THAT THIS RELEASE AGREEMENT IS WRITTEN IN A MANNER CALCULATED TO BE UNDERSTOOD BY EMPLOYEE AND EMPLOYEE FURTHER ACKNOWLEDGES AND AGREES THAT EMPLOYEE FULLY UNDERSTANDS THE TERMS OF THIS RELEASE AGREEMENT. (b)By (b) By executing this Release Agreement, the parties agree that any changes to this Release Agreement, whether material or immaterial, do not restart the running of the twenty-one-day period provided for in Paragraph 17(a)(ii) above. (c) In the event Employee does not accept this Release Agreement, or in the event Employee revokes this Release Agreement during the seven-day Revocation Period, this Release Agreement, including but not limited to the Company's obligations set forth in Paragraph 2 of this Release Agreement, shall automatically be deemed null and void. (d)To (d) To effectively revoke, Employee must notify Pete Marciniak in writing of Employee's intent to revoke no later than midnight of the seventh day after Employee has signed this Release Agreement. (e)This (e) This Release Agreement shall become effective on the eighth day following Employee's execution of this Release Agreement (the "Effective Date") unless revoked. 9 18.Entire Agreement. This Release Agreement contains the entire agreement of the parties and supersedes all previous negotiations, whether written or oral. This Release Agreement may be changed only by an instrument in writing signed by the party against whom the charge, waiver, modification, extension or discharge is sought. EMPLOYEE ACKNOWLEDGES AND AGREES THAT NO PROMISE, INDUCEMENT OR AGREEMENT NOT EXPRESSED IN THIS RELEASE AGREEMENT HAS BEEN MADE REGARDING THIS RELEASE AGREEMENT AND THAT EMPLOYEE HAS READ THIS RELEASE AGREEMENT, UNDERSTANDS THAT IT CONTAINS A RELEASE OF ALL EMPLOYEE'S CLAIMS, KNOWN AND UNKNOWN, AND IS VOLUNTARILY ENTERING INTO IT. EMPLOYEE FURTHER REPRESENTS THAT EMPLOYEE HAS HAD REASONABLE TIME DAYS TO CONSIDER THE PROVISIONS OF THIS RELEASE AGREEMENT BEFORE ENTERING INTO IT. BY SIGNING BELOW, EMPLOYEE ACKNOWLEDGES AND REPRESENTS THAT EMPLOYEE HAS NOT SUFFERED ANY AGE OR OTHER DISCRIMINATION, HARASSMENT, RETALIATION, OR WRONGFUL TREATMENT BY ANY RELEASED PARTY. PLEASE READ THIS RELEASE AGREEMENT CAREFULLY. IT CONTAINS A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. LOUIS J. BELARDI Date: STEEL CONNECT, INC. By: Date: 10 EX-10.1 2 ex101to8k09369011_03053019.htm Exhibit 10.1 February 25, 2019 Louis J. Belardi 2347 Schlosser Road Harleysville, Pennsylvania 19438 Dear Lou: Steel Connect, Inc. (the "Company") desires to enter into this Retention Agreement (the "Agreement") with you ("you" or "Employee") to encourage you to: (i) remain employed with Company, (ii) continue to perform in a highly effective manner, and (iii) proactively execute the commercial strategy that the Company employs. This Agreement when countersigned by you will confirm the agreement between you and the Company regarding the terms and conditions related to this retention program. View More
Found in Steel Connect, Inc. contract
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