THEREUNDER OR THIS RELEASE IS TO
BE CONSTRUED AS AN ADMISSION BY THE COMPANY OR AS AN ADMISSION OF ANY ACT OR
FACT WHATSOEVER.
6.
THE CONSIDERATION SET FORTH IN SECTION 8 OF THE EMPLOYMENT
AGREEMENT EXCEEDS ANY AMOUNT AND/OR CONSIDERATION TO WHICH I WOULD OTHERWISE BE
ENTITLED UNDER THE COMPANY'S STANDARD OPERATING POLICIES, PRACTICES, OR AS
REQUIRED BY LAW.
THEREFORE, SAID CONSIDERATION IS NOT PAID AS WAGES OR OTHER
COMPENSATION DUE, BUT IS PAID SOLELY IN
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CONSIDERATION OF THIS RELEASE AND THE PROVISIONS SET FORTH HEREIN RELATING TO
CONFIDENTIAL INFORMATION.
7.
COMPLIANCE WITH OLDER WORKERS BENEFIT PROTECTION ACT.
In compliance with the Older Workers Benefit Protection Act (P.L. 101-433), the
Company and [Name] do hereby acknowledge as follows:
(A)
THAT, I, [NAME], ACKNOWLEDGE THAT THIS
RELEASE SPECIFICALLY APPLIES TO ANY RIGHTS OR CLAIMS I MAY HAVE AGAINST THE
COMPANY OR ANY PARTY RELEASED HEREIN UNDER THE FEDERAL AGE DISCRIMINATION IN
EMPLOYMENT ACT OF 1967, AS AMENDED;
(B)
THIS RELEASE DOES NOT PURPORT TO WAIVE
RIGHTS OR CLAIMS THAT MAY ARISE FROM ACTS OR EVENTS OCCURRING AFTER THE DATE
THAT THIS RELEASE IS EXECUTED BY THE PARTIES;
(C)
THAT, I, [NAME], ACKNOWLEDGE THAT THE
CONSIDERATION PROVIDED FOR IN THIS RELEASE AND THE PROVISIONS OF THIS PARAGRAPH
ARE IN ADDITION TO THAT TO WHICH I AM ALREADY ENTITLED;
(D)
THAT, I, [NAME], UNDERSTAND THAT THIS
RELEASE SHALL BE REVOCABLE FOR A SEVEN (7) DAY PERIOD FOLLOWING EXECUTION OF
THIS RELEASE BY ME.
ACCORDINGLY, THIS RELEASE SHALL NOT BECOME EFFECTIVE OR
ENFORCEABLE UNTIL THE EXPIRATION OF THIS SEVEN (7) DAY REVOCATION PERIOD.
(E)
THAT, I, [NAME], ACKNOWLEDGE THAT I HAVE
BEEN ADVISED OF MY RIGHT TO CONSULT WITH AN ATTORNEY, AND HAVE IN FACT CONSULTED
WITH AN ATTORNEY, PRIOR TO SIGNING THIS RELEASE AND HAVE BEEN GIVEN A PERIOD OF
TWENTY-ONE (21) DAYS WITHIN WHICH TO CONSIDER WHETHER TO SIGN THIS RELEASE.
8.
THIS RELEASE IS MADE IN THE STATE OF
GEORGIA AND SHALL BE INTERPRETED UNDER THE LAWS OF SAID STATE. ITS LANGUAGE
SHALL BE CONSTRUED AS A WHOLE, ACCORDING TO ITS FAIR MEANING AND NOT STRICTLY
FOR OR AGAINST EITHER PARTY.
9.
IN THE EVENT THAT IT SHALL BE NECESSARY
FOR ANY PARTY HERETO TO INSTITUTE LEGAL ACTION TO ENFORCE ANY OF THE TERMS AND
CONDITIONS OR PROVISIONS CONTAINED HEREIN, OR FOR ANY BREACH THEREOF, THE
PREVAILING PARTY IN SUCH ACTION SHALL BE ENTITLED TO COSTS AND REASONABLE
ATTORNEYS' FEES.
PLEASE READ CAREFULLY, THIS RELEASE INCLUDES A WAIVER AND A SETTLEMENT OF ALL
KNOWN AND UNKNOWN CLAIMS.
DATED:
, 20
[NAME]
4
Address:
DATED:
,
20
TRAVEL TRANSACTION PROCESSING
CORPORATION
By:
Title:
DATED:
,
20
WORLDSPAN, L.P.
By:
Title:
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