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12. The Age Discrimination in Employment Act of 1967 ("ADEA" 29 U.S.C. §§ 621- <br />634) makes it illegal for an employer to discharge any individual or otherwise discriminate with <br />respect to the nature and privileges of an individual's employment on the basis that the <br />individual is age forty or older. The Older Workers Benefit Protection Act ("OWBPA"; 29 <br />U.S.0 §§ 626 et seq.) augments the ADEA and prohibits the waiver of any right or claim under <br />the ADEA unless the waiver is knowing and voluntary. By entering into this Agreement, <br />EMPLOYEE acknowledges that, in exchange for consideration stated herein, he knowingly and <br />voluntarily waives and releases any rights that he may have under the ADEA and/or OWBPA. <br />EMPLOYEE further acknowledges that he has been advised and understands, pursuant to the <br />provisions of the ADEA and OWBPA that: <br />(a) This waiver/release is written in a manner EMPLOYEE understands; <br />(b) EMPLOYEE is aware of and has been advised by a representative or <br />attorney of his own choosing of his right under the ADEA and OWBPA, and of the legal <br />significance of his waiver of any possible claims he currently may have under the ADEA, <br />OWBPA, or similar age discrimination laws; <br />(c) EMPLOYEE is entitled to a reasonable time of at least twenty-one (21) <br />days within which to review and consider this Agreement, and the waiver and release of any <br />rights he may have under the ADEA, the OWBPA, or similar age discrimination laws, but he <br />may, in the exercise of his own discretion, sign or reject this Agreement at any time before the <br />expiration of the twenty-one (21) day period. To the extent EMPLOYEE takes less than 21 days <br />to consider this Agreement prior to execution, EMPLOYEE acknowledges that he has had <br />sufficient time to consider this Agreement with his legal counsel and that he expressly, <br />voluntarily and knowingly waives any additional time. <br />6 <br />