Age Discrimination. Pursuant to the Older Workers Benefit Protection Act, Executive acknowledges and agree that # this Release Agreement is written in a manner calculated to be understood by Executive; # this Release Agreement represents Executive’s knowing and voluntary waiver and release of any and all claims that Executive might have including, but not limited to, any claims arising under the Age Discrimination in Employment Act (“ADEA”); # Executive has not waived any claim under the ADEA that may arise after the Resignation Effective Date; # the consideration that Employee will receive in exchange for this General Release, i.e., the payments set forth in Paragraph 3(a)(ii) of the Separation Agreement, is something of value to which Employee is not already entitled; # Executive is hereby being advised to consult with an attorney prior to executing this Release Agreement; # Executive has twenty-one (21) days from the date of his receipt of this Release Agreement in which to consider the terms of this Release Agreement (including, without limitation, each Party’s release and waiver of any and all claims under the ADEA) before executing it; # Executive will have seven (7) days after his execution of this Release Agreement (which was the date hereof) in which to revoke this Release Agreement by written notice of revocation that must be received by [[Person A:Person]]ef Executive Officer, 64 East Broadway Blvd., Tucson, AZ 85701, no later than 5:00 p.m. on the seventh (7th) day after Executive has signed this Release Agreement; and # this Release Agreement will not become effective and enforceable until the seven (7)-day revocation period has expired without revocation of the Agreement by Executive.
Age Discrimination. Pursuant to the Older Workers Benefit Protection Act, Executive acknowledgesunderstands that because this Agreement includes a release and agree that # this Release Agreement is written in a manner calculated to be understood by Executive; # this Release Agreement represents Executive’s knowing and voluntary waiver and release of any and all claims that Executive might have including, but not limited to, any claims arising under the Age Discrimination in Employment Act (“ADEA”(ADEA); #, and other federal legislation, by signing this Agreement, Executive has not waived any claim under the ADEAacknowledges that may arise after the Resignation Effective Date; # the consideration that Employee will receive in exchange for this General Release, i.e., the payments set forth in Paragraph 3(a)(ii) of the Separation Agreement, is something of value to which Employee is not already entitled; # Executive is hereby being advised to consult with an attorney prior to executing this Release Agreement; # Executive has twenty-one (21) days from the date of his receipt of this Release Agreement in which to consider the terms of this Release Agreement (including, without limitation, each Party’s release and waiver of any and all claims under the ADEA) before executing it; #ADEA complies with the Older Worker Benefit Protection Act of 1990, and further acknowledge that he confirms, understands and agrees to the terms and conditions of this Agreement; that these terms are written in laypersons terms and that Executive willhas been fully advised of his right to seek the advice and assistance of consultants, including an attorney and tax advisors to review this Agreement. Executive shall have a minimum of twenty-one (21) days to consider his waiver of ADEA claims, and seven (7) days afterfollowing his execution of this Release Agreement (which was the date hereof) in which to revoke his waiver of ADEA claims. If Executive wishes to revoke waiver of ADEA claims under this Release Agreement by writtenAgreement, Executive must notify the Companys representative, Gail Nixon, Vice President Human Resources of , in writing and deliver that waiver to her within seven (7) days following his execution of this Agreement. Any mailed notice of revocation that must be received by [[Person A:Person]]ef Executive Officer, 64 East Broadway Blvd., Tucson, AZ 85701, no later than 5:00 p.m. onpostmarked prior to the conclusion of the seventh (7th) day after Executive has signed this Release Agreement; and # this Release Agreement will not become effective and enforceable until the seven (7)-day revocation period has expired without revocationsigning of the agreement. Executive understands that this Agreement by Executive.is a legally binding release, and that subject to his ability to revoke his ADEA release in writing within # days after he signs the Agreement, Executive will be barred from seeking or obtaining, directly or indirectly, any relief or recovery of any kind for or based on any of the claims released and forever discharged in this Agreement. If Executive timely revokes the release of ADEA claims, the Company shall retain sixty percent (60%) of the amount of payments otherwise payable to Executive under Section 2 of this Agreement as consideration for the waiver of ADEA claims under this Agreement. The remaining amount shall be paid to Executive in the manner specified herein.
Age Discrimination. Pursuant to the Older Workers Benefit Protection Act, Executive acknowledges and agree that # this ReleaseThis Agreement is written inconstitutes a manner calculated to be understood by Executive; # this Release Agreement represents Executive’s knowing and voluntary waiver and release of anyExecutive's rights and all claims that Executive might have including, but not limited to, any claims arising under the Age Discrimination in Employment Act (“ADEA”); # Executive has not waived any claim underand pursuant to the ADEA that may arise after the Resignation Effective Date; # the consideration that Employee will receive in exchange for this General Release, i.e., the payments set forth in Paragraph 3(a)(ii) of the Separation Agreement, is something of value to which Employee is not already entitled; #Older Workers Benefit Protection Act. Executive is hereby being advised and is aware of his right to consult with an attorneylegal counsel of his choice prior to executingsigning this Release Agreement; #Agreement. Executive acknowledges that he has twenty-one (21) days from the date of his receipt of this Release Agreement induring which to considerconsider, sign and return this Agreement, but he may elect to return the termsexecuted agreement prior to the expiration of that time. Executive has the right to revoke this Release Agreement (including, without limitation, each Party’s release and waiverfor a period of any and all claims under the ADEA) before executing it; # Executive will have seven (7) days after his execution of this Releasethe Agreement. This Agreement (which was the date hereof) in which to revoke this Release Agreement by written notice of revocation that must be received by [[Person A:Person]]ef Executive Officer, 64 East Broadway Blvd., Tucson, AZ 85701, no later than 5:00 p.m. on the seventh (7th) day after Executive has signed this Release Agreement; and # this Release Agreement willshall not become effective andor enforceable until the seven (7)-day revocation period has expired without revocation of the Agreement by Executive.Executive executes this Agreement.
Age Discrimination. Pursuant to the Older Workers Benefit Protection Act,Acknowledgment of Waiver of Claims under ADEA. Executive acknowledgesunderstands and agree that # this Release Agreement is written in a manner calculated to be understood by Executive; # this Release Agreement represents Executive’s knowing and voluntary waiver and release of any and all claimsacknowledges that Executive mightis waiving and releasing any rights Executive may have including, but not limited to, any claims arising under the Age Discrimination in Employment Act of 1967 (“ADEA”); #, and that this waiver and release is knowing and voluntary. Executive hasunderstands and agrees that this waiver and release does not waivedapply to any claimrights or claims that may arise under the ADEA that may arise after the Resignation Effective Date; #date Executive signs this Agreement. Executive understands and acknowledges that the consideration that Employee will receive in exchangegiven for this General Release, i.e., the payments set forthwaiver and release is in Paragraph 3(a)(ii) of the Separation Agreement, is somethingaddition to anything of value to which Employee is notExecutive was already entitled;entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: # Executive is hereby being advised toshould consult with an attorney prior to executing this Release Agreement; # Executive has twenty-one (21)21 days from the date of his receipt of this Release Agreement inwithin which to consider this Agreement, and the terms ofparties agree that such time period to review this Release Agreement (including, without limitation, each Party’s release and waiver ofshall not be extended upon any and all claims under the ADEA) before executing it;material or immaterial changes to this Agreement; # Executive will have seven (7)has 7 days after hisfollowing Executive’s execution of this Release Agreement (which was the date hereof) in which to revoke this Release Agreement bypursuant to written notice to the General Counsel of revocation that must be received by [[Person A:Person]]ef Executive Officer, 64 East Broadway Blvd., Tucson, AZ 85701, no later than 5:00 p.m. on the seventh (7th) day after Executive has signed this Release Agreement; andCompany; # this Release Agreement willshall not becomebe effective and enforceable until after the seven (7)-day revocation period has expired without revocationexpired; and # nothing in this Agreement prevents or precludes Executive 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. In the event Executive signs this Agreement by Executive.and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.
Specific Release of ADEA Claims. In further consideration of the payments and benefits provided to the Executive under the Employment Agreement, the Releasors hereby unconditionally release and forever discharge the Releasees from any and all Claims that the Releasors may have as of the date the Executive signs this Agreement arising under the Federal Age Discrimination. Pursuant toDiscrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act,Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, the Executive hereby acknowledges and agree that # this Release Agreement is written in a manner calculated to be understood by Executive; # this Release Agreement represents Executive’s knowing and voluntary waiver and release of any and all claims that Executive might have including, but not limited to, any claims arising underconfirms the Age Discrimination in Employment Act (“ADEA”); # Executive has not waived any claim under the ADEA that may arise after the Resignation Effective Date;following: # the consideration that Employee will receiveExecutive was advised by the Company in exchange for this General Release, i.e., the payments set forth in Paragraph 3(a)(ii) of the Separation Agreement, is something of value to which Employee is not already entitled; # Executive is hereby being advisedconnection with her termination to consult with an attorney of her choice prior to executingsigning this Release Agreement; #Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has twenty-one (21)in fact consulted with an attorney; # the Executive was given a period of not fewer than 21 days from the date of his receipt of this Release Agreement in which to consider the terms of this Release Agreement (including, without limitation, each Party’sand to consult with an attorney of her choosing with respect thereto; # the Executive knowingly and voluntarily accepts the terms of this Agreement; and # the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that she has seven (7) days following the date on which she signs this Agreement within which to revoke the release contained in this paragraph 2(b), by providing the Company a written notice of her revocation of the release and waiver ofcontained in this paragraph 2(b); provided, however, that if the Executive exercises her right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any and all claimsamounts paid to her under the ADEA) before executing it; # Executive will have seven (7) days after his execution of this Release Agreement (which was the date hereof) in which to revoke this Release Agreement by written notice of revocation that must be received by [[Person A:Person]]ef Executive Officer, 64 East Broadway Blvd., Tucson, AZ 85701, no later than 5:00 p.m. on the seventh (7th) day after Executive has signed this Release Agreement; and # this Release Agreement will not become effective and enforceable until the seven (7)-day revocation period has expired without revocationtermination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to her and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by Executive.the ADEA and OWBPA.
Age Discrimination. Pursuant to the Older Workers Benefit Protection Act,Acknowledgment of Waiver of Claims under ADEA. Executive acknowledgesunderstands and agree that # this Release Agreement is written in a manner calculated to be understood by Executive; # this Release Agreement represents Executive’s knowing and voluntary waiver and release of any and all claimsacknowledges that Executive mightis waiving and releasing any rights Executive may have including, but not limited to, any claims arising under the Age Discrimination in Employment Act of 1967 (“ADEA”); #, and that this waiver and release is knowing and voluntary. Executive hasunderstands and agrees that this waiver and release does not waivedapply to any claimrights or claims that may arise under the ADEA that may arise after the Resignation Effective Date; #date Executive signs this Agreement. Executive understands and acknowledges that the consideration that Employee will receive in exchangegiven for this General Release, i.e., the payments set forthwaiver and release is in Paragraph 3(a)(ii) of the Separation Agreement, is somethingaddition to anything of value to which Employee is notExecutive was already entitled;entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: # Executive is hereby being advised toshould consult with an attorney prior to executing this Release Agreement; # Executive has twenty-one (21)21 days from the date of his receipt of this Release Agreement inwithin which to consider this Agreement, and the terms ofParties agree that such time period to review this Release Agreement (including, without limitation, each Party’s release and waiver ofshall not be extended upon any and all claims under the ADEA) before executing it;material or immaterial changes to this Agreement; # Executive will havehas seven (7) days after hisfollowing Executive’s execution of this Release Agreement (which was the date hereof) in which to revoke this Release Agreement bypursuant to written notice to the Chief Financial Officer of revocation that must be received by [[Person A:Person]]ef Executive Officer, 64 East Broadway Blvd., Tucson, AZ 85701, no later than 5:00 p.m. on the seventh (7th) day after Executive has signed this Release Agreement; andCompany; # this Release Agreement willshall not becomebe effective and enforceable until after the seven (7)-day revocation period has expired without revocationexpired; and # nothing in this Agreement prevents or precludes Executive 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. In the event Executive signs this Agreement by Executive.and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.
Age Discrimination. Pursuant toEffective Date Of Agreement. This Agreement shall be effective as provided in the Older Workers Benefit Protection Act, Executive acknowledgesfollowing acknowledgement: Acknowledgment of Rights and agree that # this Release Agreement is written in a manner calculated to be understood by Executive; # this Release Agreement represents Executive’s knowing and voluntary waiver and releaseWaiver of any and all claims that Executive might have including, but not limited to, any claims arising underClaims Under the Age Discrimination in Employment Act (“ADEA”("ADEA"); # Executive has not waived. Employee acknowledges that Employee is knowingly and voluntarily waiving and releasing any claimrights Employee may have under the ADEAADEA. Employee also acknowledges that the consideration given for the waiver and release contained in this Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that Employee has been advised by this writing, as required by the Older Workers' Benefit Protection Act, that: # her/his waiver and release does not apply to any rights or claims that may arise after the Resignation Effective Date;Date (defined below) of this Agreement; # the consideration that Employee will receive in exchange for this General Release, i.e., the payments set forth in Paragraph 3(a)(ii) of the Separation Agreement, is something of value to which Employee is not already entitled; # Executive is hereby being advised toshould consult with an attorney prior to executing this Release Agreement; # ExecutiveEmployee has at least twenty-one (21) days from the date of his receipt of this Release Agreement in which to consider the terms of this Release Agreement (including, without limitation, each Party’s release and waiver of any and all claims under the ADEA) before executing it;(although Employee may by his/her own choice execute this Agreement earlier); # Executive will haveEmployee has seven (7) days after hisfollowing the full execution of this Release Agreement (which wasby both of the Parties to revoke the Agreement; and # this Agreement shall not be effective until the date hereof) inupon which tothe revocation period has expired (“Effective Date”). Employee may revoke this Release Agreementonly by giving Employer written notice of Employee's revocation that mustof this Release, to Deborah J. DePaoli, Employer’s General Counsel, to be received by [[Person A:Person]]ef Executive Officer, 64 East Broadway Blvd., Tucson, AZ 85701, no later than 5:00 p.m.Employer by the close of business on the seventh (7th) day after Executive has signedfollowing Employee's execution of this Release Agreement; and # this Release Agreement will not become effective and enforceable until the seven (7)-day revocation period has expired without revocation of the Agreement by Executive.Release.
Age Discrimination. Pursuant toin Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act,Act of 1990 (“OWBPA”), and the applicable rules and regulations promulgated thereunder (“ADEA”). By signing this Agreement, the Executive hereby acknowledges and agree that # this Release Agreement is written in a manner calculated to be understood by Executive; # this Release Agreement represents Executive’s knowing and voluntary waiver and release of any and all claims that Executive might have including, but not limited to, any claims arising underconfirms the Age Discrimination in Employment Act (“ADEA”); # Executive has not waived any claim under the ADEA that may arise after the Resignation Effective Date;following: # the consideration that Employee will receiveExecutive was advised by the Company in exchange for this General Release, i.e.,connection with the payments set forth in Paragraph 3(a)(ii) of the Separation Agreement, is something of value to which Employee is not already entitled; # Executive is hereby being advisedExecutive’s termination to consult with an attorney of the Executive’s choice prior to executingsigning this Release Agreement; #Agreement and to have such attorney explain to the Executive the terms of this Agreement, including, without limitation, the terms relating to the Executive’s release of claims arising under ADEA, and the Executive has twenty-one (21)in fact consulted with an attorney; # the Executive was given a period of not fewer than 212 days from the date of his receipt of this Release Agreement in which to consider the terms of this Release Agreement (including, without limitation, each Party’and to consult with an attorney of the Executive’s choosing with respect thereto; # the Executive knowingly and voluntarily accepts the terms of this Agreement; and # the Executive is providing this release and discharge only in exchange for consideration in addition to anything of value to which the Executive is already entitled. The Executive also understands that the Executive has seven (7) days following the date on which the Executive signs this Agreement within which to revoke the release contained in this paragraph 2(b), by providing the Company a written notice of the Executive’s revocation of the release and waiver ofcontained in this paragraph 2(b); provided, however, that if the Executive exercises the Executive’s right to revoke the release contained in this paragraph 2(b), the Executive shall not be entitled to any and all claimsamounts paid to the Executive under the ADEA) before executing it; # Executive will have seven (7) days after his execution of this Release Agreement (which was the date hereof) in which to revoke this Release Agreement by written notice of revocation that must be received by [[Person A:Person]]ef Executive Officer, 64 East Broadway Blvd., Tucson, AZ 85701, no later than 5:00 p.m. on the seventh (7th) day after Executive has signed this Release Agreement; and # this Release Agreement will not become effective and enforceable until the seven (7)-day revocation period has expired without revocationtermination provisions of the Employment Agreement and the Company may reclaim any such amounts paid to the Executive and may terminate any benefits and payments that are subsequently due under the Employment Agreement, except as prohibited by Executive.the ADEA and OWBPA.
Age Discrimination. Pursuant toIn consideration of the Older Workers Benefit Protection Act,promises of the Company set forth in the Employment Agreement, Executive acknowledgeshereby releases and agree that # this Release Agreement is written in a manner calculated to be understood by Executive; # this Release Agreement represents Executive’s knowing and voluntary waiver and release ofdischarges the Releasees from any and all claimsClaims that Executive mightmay have including, but not limited to, any claimsagainst the Releasees arising under the Age Discrimination in Employment Act of 1967, as amended, and the applicable rules and regulations promulgated thereunder (“ADEA”); #. Executive has not waived any claim underacknowledges that he understands that the ADEA is a federal statute that may arise afterprohibits discrimination on the Resignation Effective Date; # the consideration that Employee will receivebasis of age in exchange foremployment, benefits and benefit plans. Executive also understands that, by signing this General Release, i.e., the payments set forth in Paragraph 3(a)(ii) of the Separation Agreement, he is something of value to which Employee is not already entitled; # Executive is hereby being advised to consult with an attorney prior to executing this Release Agreement; # Executive has twenty-one (21) days from the date of his receipt of this Release Agreement in which to consider the terms of this Release Agreement (including, without limitation, each Party’s release and waiver ofwaiving all Claims against any and all claims under the ADEA) before executing it; # Executive will have seven (7) days after his execution of this Release Agreement (which was the date hereof) in which to revoke this Release Agreement by written notice of revocation that must be received by [[Person A:Person]]ef Executive Officer, 64 East Broadway Blvd., Tucson, AZ 85701, no later than 5:00 p.m. on the seventh (7th) day after Executive has signed this Release Agreement; and # this Release Agreement will not become effective and enforceable until the seven (7)-day revocation period has expired without revocation of the Agreement by Executive.Releasees.
Age Discrimination. PursuantI acknowledge that, among other rights, I am waiving and releasing any rights I may have under ADEA, that this Release and Waiver is knowing and voluntary, and that the consideration given for this Release and Waiver is in addition to anything of value to which I was already entitled as an executive of the Company. I further acknowledge that I have been advised, as required by the Older Workers Benefit Protection Act, Executive acknowledgesthat: (a) the release and agree that # this Release Agreement is written in a manner calculatedwaiver granted herein does not relate to be understood by Executive; # this Release Agreement represents Executive’s knowing and voluntary waiver and release of any and all claims that Executive might have including, but not limited to, any claims arising under the Age Discrimination in Employment Act (“ADEA”); # Executive has not waived any claim under the ADEA thatwhich may arise after the Resignation Effective Date; # the consideration that Employee will receive in exchange for this General Release, i.e., the payments set forth in Paragraph 3(a)(ii) of the Separation Agreement,Release and Waiver is something of value to which Employee is not already entitled; # Executive is hereby being advised toexecuted; (b) I should consult with an attorney prior to executing this Release Agreement; # Executive has twenty-one (21)and Waiver; and (c) if I am age 40 or older at the time of execution of this release, I have 21 days from the date of his receipttermination of this Release Agreementmy employment with the Company in which to consider this Release and Waiver (although I may choose voluntarily to execute this Release and Waiver earlier); and (d) if I am age 40 or older at the termstime of execution of this Release Agreement (including, without limitation, each Party’s release and waiver of any and all claims under the ADEA) before executing it; # Executive willrelease, I have seven (7) days after hisfollowing the execution of this Release Agreement (which was the date hereof) in whichand Waiver to revoke my consent to this Release Agreement by written notice of revocation that must be received by [[Person A:Person]]ef Executive Officer, 64 East Broadway Blvd., Tucson, AZ 85701, no later than 5:00 p.m. on the seventh (7th) day after Executive has signedand Waiver and this Release Agreement; and # this Release Agreement willWaiver shall not becomebe effective and enforceable until the seven (7)-day revocation period has expired without revocation of the Agreement by Executive.my having previously revoked this Release and Waiver.
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