Older Workers’ Benefit Protection Act Clause Example with 14 Variations from Business Contracts
This page contains Older Workers’ Benefit Protection Act clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
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
Variations of a "Older Workers’ Benefit Protection Act" Clause from Business Contracts
Older Workers’ Benefit Protection Act. This Separation 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 Separation Agreement. 10.1 9.1 Acknowledgments/Time to Consider. Employee acknowledges and agrees that (a) Employee has read and understands the terms of this Separation Agreement; (b) Employee has been advised in writing to consult with an attorney before executing this Separation Agreement; (...c) Employee has obtained and considered such legal counsel as Employee deems necessary; (d) Employee has been given twenty-one (21) forty-five (45) days to consider whether or not to enter into this Settlement Separation Agreement (although Employee may elect not to use the full 21-day 45‐day period and may sign earlier at Employee's option); and (e) by signing this Separation Agreement, Employee acknowledges that Employee does so freely, knowingly, and voluntarily. 10.2 If Employee decides to enter into this Separation Agreement, Employee must return an executed copy of this Separation Agreement to Cytori within the 45 day period. 9.2 Revocation/Effective Date. This Separation Agreement shall not become effective or enforceable until the eighth day after Employee signs this Separation Agreement. In other words, Employee may revoke Employee' acceptance of this Agreement within has seven (7) days after the date Employee signs it. (and delivers the signed Separation Agreement to Cytori) to revoke Employee's acceptance of this Separation Agreement. Employee's revocation must be in writing and received by Company by Judy Solecki, VP, Global Human Resources, on or before 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 Separation Agreement shall become binding and enforceable on the eighth day ("Effective Date"). 10.3 The Severance Payment will become due and payable in accordance with paragraph 1 above after the Effective Date, provided Employee does not revoke. 3 9.3 Preserved Rights of Employee. This Separation 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 Separation Agreement. In addition, this Agreement does not prohibit Employee from challenging the validity of this Separation Agreement's waiver and release of claims under the Age Discrimination in Employment Act of 1967, as amended. 9.4 Required Disclosures. Employee further acknowledges that Employee has been advised of the following information: (i) All of Cytori's U.S. employees were considered for lay off in connection with the reduction-in-force announced September 15, 2014; (ii) Cytori used the following criteria in selecting employees for lay off: whether the employee's position and duties are essential to its immediate ongoing or anticipated business operations, whether the employee's duties are duplicative and/or transferable, and the employee's skill set; (iii) all employees whose employment is being terminated as a result of the reduction-in-force announced September 15, 2014 are eligible for severance pay; (iv) all selected employees age 40 or over will have forty-five (45) days within which to consider whether to accept the Separation Agreement; (v) the job titles and ages of all employees eligible or selected for this severance program are listed in part A to Exhibit 1 of this Separation Agreement; and (vi) the job titles and ages of all of Cytori's U.S. employees, the same organizational unit as Employee, who are not eligible or selected for this program are listed in part B to Exhibit 1 of this Separation Agreement. View More
Older Workers’ Benefit Protection Act. This Separation Agreement is intended to satisfy the requirements of the Older Workers' Benefit Protection Act, 29 U.S.C. sec. 626(f). 626(f) ("OWBPA"). Employee is advised to consult with an attorney before executing this Separation Agreement. 10.1 Acknowledgments/Time 1.1Acknowledgments/Time to Consider. Employee acknowledges and agrees that (a) Employee has read and understands the terms of this Separation Agreement; (b) Employee has been advised in writing to consult with an attorney before ...executing this Separation Agreement; (c) Employee has obtained and considered such 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 Separation Agreement (although Employee may elect not to use the full 21-day period at Employee's option); and (e) by signing this Separation Agreement, 6 of 10 Employee __/s/ DT Company __/s/ BS DM2\15302614.1 DM2\15350807.1 Employee acknowledges that Employee does so freely, knowingly, and voluntarily. 10.2 Revocation/Effective voluntarily, and waives the 21 day consideration period. 1.1Revocation/Effective Date. This Separation Agreement shall not become effective or enforceable until the eighth day after Employee signs this Separation Agreement. In other words, Employee may revoke Employee' Employee's acceptance of this Separation Agreement within seven (7) days after the date Employee signs it. Employee's revocation must be in writing and received by Company Christine Zedelmayer, Chief Operating Officer by 5:00 p.m. Pacific 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 Separation Agreement shall become binding and enforceable on the eighth day ("Effective Date"). 10.3 Preserved 1.2Preserved Rights of Employee. This Separation 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 Separation Agreement. In addition, this Agreement does not prohibit Employee from challenging the validity of this Separation Agreement's waiver and release of claims under the Age Discrimination in Employment Act of 1967, as amended. View More
Older Workers’ Benefit Protection Act. This Separation 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 Separation Agreement. 10.1 11.1 Acknowledgments/Time to Consider. Employee acknowledges and agrees that (a) Employee has read and understands the terms of this Separation Agreement; (b) Employee has been advised in writing to consult with an attorney before executing this Separation Agreement; ...(c) Employee has obtained and considered such 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 Separation Agreement (although Employee may elect not to use the full 21-day period at Employee's option); and (e) by signing this Separation Agreement, Employee acknowledges that Employee does so freely, knowingly, and voluntarily. 10.2 11.2 Revocation/Effective Date. This Separation Agreement shall not become effective or enforceable until the eighth day after Employee signs this Separation Agreement. In other words, Employee may revoke Employee' Employee's acceptance of this Separation Agreement within seven (7) days after the date Employee signs it. Employee's revocation must be in writing and received by Company by Tim Bacci, Daegis Inc. Board Director, on or before 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 Separation Agreement shall become binding and enforceable on the eighth day ("Effective Date"). 10.3 The Severance Package shall become due and payable in accordance with paragraph 1 above and its subparts, after the Effective Date of this Separation Agreement. 11.3 Preserved Rights of Employee. This Separation 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 Separation Agreement. In addition, this Agreement does not prohibit Employee from challenging the validity of this Separation Agreement's waiver and release of claims under the Age Discrimination in Employment Act of 1967, as amended. 4 12. No Solicitation. Employee agrees that for a period of one year following the Separation Date, Employee will not solicit, encourage, or cause others to solicit or encourage any employees of Company to terminate their employment with Company. View More
Older Workers’ Benefit Protection Act. This Separation 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 Separation Agreement. -10- 10.1 Acknowledgments/Time to Consider. Employee acknowledges and agrees that (a) Employee has read and understands the terms of this Separation Agreement; (b) Employee has been advised in writing to consult with an attorney before executing this Separation Agreement; ...(c) Employee has obtained and considered such 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 Separation Agreement (although Employee may elect not to use the full 21-day period at Employee's option); and (e) by signing this Separation Agreement, Employee acknowledges that Employee does so freely, knowingly, and voluntarily. 10.2 Revocation/Effective Date. This Separation Agreement shall not become effective or enforceable until the eighth day after Employee signs this Separation Agreement. In other words, Employee may revoke Employee' Employee's acceptance of this Separation Agreement within seven (7) days after the date Employee signs it. Employee's revocation must be in writing and received by Company by Scott Mendel, Chief Financial Officer, 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 Separation Agreement shall become binding and enforceable on the eighth day ("Effective Date"). The Severance Package shall become due and payable in accordance with paragraph 1 above and its subparts, after the Effective Date of this Separation Agreement. 10.3 Preserved Rights of Employee. This Separation 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 Separation Agreement. In addition, this Agreement does not prohibit Employee from challenging the validity of this Separation Agreement's waiver and release of claims under the Age Discrimination in Employment Act of 1967, as amended. View More
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 626(f) ("OWBPA"). This paragraph of the Agreement specifically addresses Employee's release of claims arising under federal law involving discrimination on the basis of age in employment (age forty and above). This Agreement is advised intended by the parties to consult effectuate the knowing and voluntary release of all known and unknown claims, including claims u...nder the Age Discrimination in Employment Act and the Older Workers' Benefit Protection Act. The following general provisions, along with an attorney before executing the other provisions of this Agreement. 10.1 Acknowledgments/Time Agreement, are agreed to Consider. for this purpose: 6.1 Employee acknowledges and agrees that (a) Employee has read and understands the terms of this Agreement; (b) Agreement. 6.2 Employee has been 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. 6.3 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 consideration period. The parties agree that if any of the terms of the offer contained in this Agreement are changed (whether the changes are material or not), the 21 day period at Employee's option); and (e) by signing this Agreement, will not be restarted but will continue without interruption. 6.4 Employee acknowledges that the Company has provided Employee does so freely, knowingly, with the OWBPA disclosures which include among other items a description of the decisional unit from which employees were selected for this reduction in force and voluntarily. 10.2 Revocation/Effective Date. a list of the job titles and ages of those employees in the relevant decisional unit who were and were not selected for termination and receipt of consideration in exchange for a release of claims. See Attachments A (selected) and B (not selected). 4 6.5 If Employee accepts the Agreement, Employee shall sign and deliver an executed copy to Donna Parkinson, Senior Director, Human Resources, as soon as practical but no later than 21 days after receipt of the Agreement. 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 the Senior 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 Senior Director, Human Resources in writing on or shortly after the eighth day after Employee signs this Agreement as to whether Employee revoked the Agreement. The Retention Bonus will become due and payable in accordance with paragraph 1 above after the Effective Date, provided Employee does not revoke. 6.6 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
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
Older Workers’ Benefit Protection Act. This Separation 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 Separation Agreement. 10.1 9.1 Acknowledgments/Time to Consider. Employee acknowledges and agrees that (a) Employee has read and understands the terms of this Separation Agreement; (b) Employee has been advised in writing to consult with an attorney before executing this Separation Agreement; (...c) Employee has obtained and considered such 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 Separation Agreement (although Employee may elect not to use the full 21-day period at Employee's option); and (e) by signing this Separation Agreement, Employee acknowledges that Employee does so freely, knowingly, and voluntarily. 10.2 9.2 Revocation/Effective Date. This Separation Agreement shall not become effective or enforceable until the eighth day after Employee signs this Separation Agreement. In other words, Employee may revoke Employee' Employee's acceptance of this Separation Agreement within seven (7) days after the date Employee signs it. Employee's revocation must be in writing and received by Company by Collette Clemens, People and Culture, on or before 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 Separation Agreement shall become binding and enforceable on the eighth day ("Effective Date"). 10.3 9.3 Preserved Rights of Employee. This Separation 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 Separation Agreement. In addition, this Agreement does not prohibit Employee from challenging the validity of this Separation Agreement's waiver and release of claims under the Age Discrimination in Employment Act of 1967, as amended. View More
Older Workers’ Benefit Protection Act. This Separation 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 Separation Agreement. 10.1 8.1 Acknowledgments/Time to Consider. Employee acknowledges and agrees that (a) Employee has read and understands the terms of this Separation Agreement; (b) Employee has been advised in writing to consult with an attorney before executing this Separation Agreement; (...c) Employee has obtained and considered such 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 Separation Agreement (although Employee may elect not to use the full 21-day period at Employee's option); and (e) by signing this Separation Agreement, Employee acknowledges that Employee does so freely, knowingly, and voluntarily. 10.2 8.2 Revocation/Effective Date. This Separation Agreement shall not become effective or enforceable until the eighth day after Employee signs this Separation Agreement. In other words, Employee may revoke Employee' Employee's acceptance of this Separation Agreement within seven (7) days after the date Employee signs it. Employee's revocation must be in writing and received by Company by DTS, Inc. on or before 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 Separation Agreement shall become binding and enforceable on the eighth day ("Effective Date"). 10.3 The Severance Package will become due and payable after the Effective Date, provided Employee does not revoke. 8.3 Preserved Rights of Employee. This Separation 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 Separation Agreement. In addition, this Agreement does not prohibit Employee from challenging the validity of this Separation Agreement's waiver and release of claims under the Age Discrimination in Employment Act of 1967, as amended. View More
Older Workers’ Benefit Protection Act. This Separation 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 Separation Agreement. 10.1 12 8.1 Acknowledgments/Time to Consider. Employee acknowledges and agrees that (a) Employee has read and understands the terms of this Separation Agreement; (b) Employee has been advised in writing to consult with an attorney before executing this Separation Agreement...; (c) Employee has obtained and considered such 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 Separation Agreement (although Employee may elect not to use the full 21-day period at Employee's option); and (e) by signing this Separation Agreement, Employee acknowledges that Employee does so freely, knowingly, and voluntarily. 10.2 8.2 Revocation/Effective Date. This Separation Agreement shall not become effective or enforceable until the eighth day after Employee signs this Separation Agreement. In other words, Employee may revoke Employee' Employee's acceptance of this Separation Agreement within seven (7) days after the date Employee signs it. Employee's revocation must be in writing and received by Company by DTS, Inc. on or before 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 Separation Agreement shall become binding and enforceable on the eighth day ("Effective Date"). 10.3 The Severance Package will become due and payable after the Effective Date, provided Employee does not revoke. 8.3 Preserved Rights of Employee. This Separation 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 Separation Agreement. In addition, this Agreement does not prohibit Employee from challenging the validity of this Separation Agreement's waiver and release of claims under the Age Discrimination in Employment Act of 1967, as amended. View More
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: i. Employee acknowledges and agrees that (a) Employee has read and understands the terms of this Agreement; (b) Agreement. ii. Employee has been 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. iii. 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 period. iv. If Employee accepts the Agreement, Employee acknowledges that Employee does so freely, knowingly, and voluntarily. 10.2 Revocation/Effective Date. shall deliver a signed copy to Tom Comery as a member of the Board of Directors as soon as practical but no later than 21 days after receipt of the Agreement. This Agreement shall not become effective or enforceable until the eighth day after Employee signs this Agreement. Agreement, or as soon thereafter as Employee satisfies the conditions expressed in paragraph 2 above. 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 Tom Comery as member of the Board of Directors 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 (the "Effective Date"). 10.3 Preserved Rights of Employee. The Severance Payment will become due and payable in accordance with paragraph 1 above after the Effective Date, provided Employee does not revoke. v. 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
