Common use of Acknowledgement of Waiver of Claims Under ADEA Clause in Contracts

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 7 contracts

Samples: Separation and Release of Claims Agreement (Td Ameritrade Holding Corp), Employment Agreement (Td Ameritrade Holding Corp), Employment Agreement (Td Ameritrade Holding Corp)

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Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have against the Releasees for monetary damages under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this AgreementDate. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this AgreementRelease; (b) he has up to twenty-one (21) days within which to consider this AgreementRelease; (c) he has seven (7) days following his execution of this Agreement Release to revoke this AgreementRelease; (d) this Agreement ADEA waiver shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement Release prevents or precludes Employee 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.

Appears in 6 contracts

Samples: Employment Agreement (Lattice Semiconductor Corp), Employment Agreement (Lattice Semiconductor Corp), Employment Agreement (Lattice Semiconductor Corp)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this Agreement; (d) this Agreement ADEA waiver shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 6 contracts

Samples: Transition and Separation Agreement (Polycom Inc), Separation Agreement (Catalyst Semiconductor Inc), Separation Agreement (Pinnacle Systems Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this the Agreement; (d) this Agreement shall will not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 5 contracts

Samples: Employment Agreement (Monolithic Power Systems Inc), Separation Agreement and Release (Monolithic Power Systems Inc), Separation Agreement (Monolithic Power Systems Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he he/she is waiving and releasing any rights he he/she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company Hain agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he he/she has been advised by this writing that: (a) he a. he/she should consult with an attorney prior to executing this Agreement; (b) he b. he/she has up to twenty-one (21) days within which to consider this Agreement; (c) he c. he/she has seven (7) days following his his/her execution of this Agreement to revoke this Agreement; (d) d. this Agreement shall not be effective until the revocation period has expired; and, (e) e. nothing in this Agreement prevents or precludes Employee 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. However, if the release of ADEA claims or any other claim is set aside or limited, all monies paid hereunder shall be set-off against any relief or recovery.

Appears in 5 contracts

Samples: Separation Agreement (Hain Celestial Group Inc), Separation Agreement (Hain Celestial Group Inc), Separation Agreement (Hain Celestial Group Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he he/she is waiving and releasing any rights he he/she may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he he/she has been advised by this writing that: (a) he he/she should consult with an attorney prior to executing this Agreement; (b) he he/she has up to twenty-one (21) days within which to consider this Agreement; (c) he he/she has seven (7) days following his his/her execution of this Agreement to revoke this the Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 5 contracts

Samples: Severance Agreement (Gadzoox Networks Inc), Severance Agreement (Gadzoox Networks Inc), Severance Agreement (Gadzoox Networks Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this AgreementRelease. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this AgreementRelease; (b) he has up to twenty-one (21) days within which to consider this AgreementRelease; (c) he has seven (7) days following his execution of this Agreement Release to revoke this AgreementRelease; (d) this Agreement ADEA waiver shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement Release prevents or precludes Employee 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.

Appears in 5 contracts

Samples: Change in Control Agreement (Cree Inc), Change in Control Agreement (Cree Inc), Executive Change in Control Agreement (Cree Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he Employee is waiving and releasing any rights he Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company Xxxx agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he Employee has been advised by this writing that: (a) he a. Employee should consult with an attorney prior to executing this Agreement; (b) he b. Employee has up to twenty-one (21) days within which to consider this Agreement; (c) he c. Employee has seven (7) days following his Employee’s execution of this Agreement to revoke this Agreement; (d) d. this Agreement shall not be effective until the revocation period has expired; and, (e) e. nothing in this Agreement prevents or precludes Employee 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. However, if the release of ADEA claims or any other claim is set aside or limited, all monies paid hereunder shall be set-off against any relief or recovery.

Appears in 4 contracts

Samples: Separation Agreement (Hain Celestial Group Inc), Separation Agreement (Hain Celestial Group Inc), Separation Agreement (Hain Celestial Group Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has been advised in writing by the Company of the class, unit, or group of individuals covered by the severance program, and the job titles and ages of all individuals who participated and did not participate in the program; (d) he has seven (7) days following his execution of this Agreement to revoke this the Agreement; (de) this Agreement shall not be effective until the revocation period has expired; and, (ef) nothing in this Agreement prevents or precludes Employee 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.

Appears in 4 contracts

Samples: Severance Agreement (Pc Tel Inc), Severance Agreement (Pc Tel Inc), Severance Agreement (Pc Tel Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 3 contracts

Samples: Separation and Release of Claims Agreement (Td Ameritrade Holding Corp), Separation and Release of Claims Agreement (Td Ameritrade Holding Corp), Separation and Release of Claims Agreement (Td Ameritrade Holding Corp)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have against the Releasees for monetary damages under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this AgreementDate. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) a. he should consult with an attorney prior to executing this AgreementRelease; (b) b. he has up to twenty-one (21) days within which to consider this AgreementRelease; (c) c. he has seven (7) days following his execution of this Agreement Release to revoke this AgreementRelease; (d) d. this Agreement ADEA waiver shall not be effective until the revocation period has expired; and, (e) e. nothing in this Agreement Release prevents or precludes Employee 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.

Appears in 3 contracts

Samples: Employment Agreement (Lattice Semiconductor Corp), Employment Agreement (Lattice Semiconductor Corp), Employment Agreement (Lattice Semiconductor Corp)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he he/she is waiving and releasing any rights he he/she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he he/she has been advised by this writing that: (a) he He/she should consult with an attorney prior to executing this Agreement; (b) he He/she has up to twenty-one (21) days within which to consider this Agreement; (c) he He/she has seven (7) days following his his/her execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 3 contracts

Samples: Key Employee Agreement (Tercica Inc), Key Employee Agreement (Tercica Inc), Key Employee Agreement (Tercica Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this AgreementDate. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that:to (a) he should consult with an attorney prior to executing this AgreementRelease; (b) he has up to twenty-one (21) days within which to consider this AgreementRelease; (c) he has seven (7) days following his execution of this Agreement Release to revoke this AgreementRelease; (d) this Agreement ADEA waiver shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement Release prevents or precludes Employee 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.

Appears in 3 contracts

Samples: Employment Agreement (Lattice Semiconductor Corp), Employment Agreement (Lattice Semiconductor Corp), Employment Agreement (Lattice Semiconductor Corp)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have against the Releasees for monetary damages under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of date on which Employee executes this AgreementRelease. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this AgreementRelease; (b) he has up to twenty-one (21) days within which to consider this AgreementRelease; (c) he has seven (7) days following his execution of this Agreement Release to revoke this AgreementRelease; (d) this Agreement ADEA waiver shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement Release prevents or precludes Employee 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.

Appears in 3 contracts

Samples: Employment Agreement, Employment Agreement (Lattice Semiconductor Corp), Employment Agreement (Lattice Semiconductor Corp)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he he/she is waiving and releasing any rights he he/she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he he/she has been advised by this writing that: (a) he he/she should consult with an attorney prior to executing this Agreement; (b) he he/she has up to twenty-one (21) days within which to consider this Agreement; (c) he he/she has seven (7) days following his his/her execution of this Agreement to revoke this the Agreement;; and (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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 from doing so, unless specifically authorized by federal law.

Appears in 3 contracts

Samples: Management Retention Agreement, Management Retention Agreement (Peregrine Semiconductor Corp), Management Retention and Severance Agreement (Peregrine Semiconductor Corp)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he Employee is waiving and releasing any rights he Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he Employee has been advised by this writing that: (a) he Employee should consult with an attorney prior to executing this Agreement; (b) he Employee has up to twenty-one (21) days within which to consider this Agreement; (c) he Employee has seven (7) days following his Employee’s execution of this Agreement to revoke this the Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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 from doing so, unless specifically authorized by federal law.

Appears in 3 contracts

Samples: Separation Agreement (SYNAPTICS Inc), Separation Agreement (SYNAPTICS Inc), Separation Agreement (SYNAPTICS Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee Consultant acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee Consultant and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Employee Consultant acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee Consultant was already entitled. Employee Consultant further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this Agreement; (d) this Agreement ADEA waiver shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee Consultant 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.

Appears in 2 contracts

Samples: Consulting Agreement (Solectron Corp), Consulting Agreement (Solectron Corp)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he he/she is waiving and releasing any rights he he/she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he he/she has been advised by this writing that: (a) he he/she should consult with an attorney prior to executing this Agreement; (b) he he/she has up to twenty-one (21) days within which to consider this Agreement; (c) he he/she has seven (7) days following his his/her execution of this Agreement to revoke this the Agreement; (d) this Agreement ADEA waiver shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 2 contracts

Samples: Severance Agreement (Natus Medical Inc), Severance Agreement (Natus Medical Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) 21 days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 2 contracts

Samples: Severance Agreement (Gadzoox Networks Inc), Employment Agreement (Gadzoox Networks Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee Executive and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee Executive acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee Executive was already entitled. Employee Executive further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this the Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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 from doing so, unless specifically authorized by federal law.

Appears in 2 contracts

Samples: Severance Agreement (Intellisync Corp), Severance Agreement (Intellisync Corp)

Acknowledgement of Waiver of Claims Under ADEA. Employee Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee Executive and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Employee Executive acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee Executive was already entitled. Employee Executive further acknowledges that he has been advised by this writing that: (a) a. he should consult with an attorney prior to executing this Agreement; (b) b. he has up to twenty-one (21) calendar days within which to consider this Agreement; (c) c. he has seven (7) calendar days following his execution of this Agreement to revoke this Agreement; (d) d. this Agreement ADEA waiver shall not be effective until the revocation period has expired; and, (e) e. nothing in this Agreement prevents or precludes Employee 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. ANY REVOCATION SHOULD BE IN WRITING AND DELIVERED TO XXXXX X. XXXXXXXX, AT 56 TOP XXXXXXX ROAD, STAMFORD, CT 06904 ON OR BEFORE 11:59 P.M. ON THE SEVENTH DAY AFTER EXECUTIVE’S EXECUTION OF THIS AGREEMENT.

Appears in 2 contracts

Samples: Employment Agreement (Gartner Inc), Employment Agreement (Gartner Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he Employee is waiving and releasing any rights he Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he Employee has been advised by this writing that: (a) he Employee should consult with an attorney prior to executing this Agreement; (b) he Employee has up to twenty-twenty one (21) days within which to consider this Agreement; (c) he Employee has seven (7) days following his Employee’s execution of this Agreement to revoke this the Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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 from doing so, unless specifically authorized by federal law.

Appears in 2 contracts

Samples: Separation Agreement, Separation Agreement (SYNAPTICS Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee The Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee The Executive and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee The Executive acknowledges that the consideration given for this waiver and release Release Agreement is in addition to anything of value to which Employee the Executive was already entitled. Employee The Executive further acknowledges that he has been advised by this writing that: (a) a. he should consult with an attorney prior to executing this Release Agreement; (b) b. he has up to twenty-one (21) days within which to consider this Release Agreement; (c) c. he has seven (7) days following his execution of this Release Agreement to revoke this Release Agreement; (d) d. this Release Agreement shall not be effective until the revocation period has expired; and, (e) e. nothing in this Release Agreement prevents or precludes Employee the 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.

Appears in 2 contracts

Samples: Employment Agreement (3com Corp), Employment Agreement (3com Corp)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 2 contracts

Samples: Separation Agreement (Pervasive Software Inc), Separation Agreement (Pervasive Software Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee Executive and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee Executive acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee Executive was already entitled. Employee Executive further acknowledges that he has been advised by this writing that: that (ai) he should consult with an attorney prior to executing this Agreement; ; (bii) he has up to twenty-one (21) days within which to consider this Agreement; ; (ciii) he has seven (7) days following his execution of this Agreement to revoke this Agreement; ; (div) this Agreement shall will not be effective until the revocation period has expired; and, , (ev) nothing in this Agreement prevents or precludes Employee 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.

Appears in 2 contracts

Samples: Employment Agreement (Alien Technology Corp), Employment Agreement (Alien Technology Corp)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he he/she is waiving and releasing any rights he he/she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he he/she has been advised by this writing that: (a) he he/she should consult with an attorney prior to executing this Agreement; (b) he he/she has up to twentyforty-one five (2145) days within which to consider this Agreement; (c) he he/she has been advised in writing by the Company of the class, unit, or group of individuals affected by the reduction in force, and the job titles and ages of all individuals who were and were not affected; (d) he/she has seven (7) days following his his/her execution of this Agreement to revoke this the Agreement; (de) this Agreement ADEA waiver shall not be effective until the revocation period has expired; and, (ef) nothing in this Agreement prevents or precludes Employee 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.

Appears in 2 contracts

Samples: Severance Agreement (Natus Medical Inc), Severance Agreement (Therma Wave Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this the Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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 from doing so, unless specifically authorized by federal law.

Appears in 2 contracts

Samples: Executive Transition Agreement (Iridex Corp), Transition Agreement and Release (Tibco Software Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he he/she is waiving and releasing any rights he he/she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he he/she has been advised by this writing that: (a) he he/she should consult with an attorney prior to executing this Agreement; (b) he he/she has up to twenty-one (21) days within which to consider this Agreement; (c) he he/she has seven (7) days following his his/her execution of this Agreement to revoke this the Agreement;; and (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing . Nothing in this Agreement prevents or precludes Employee 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. Changes to this Agreement whether material or nonmaterial shall not restart the 21-day period.

Appears in 2 contracts

Samples: Severance Agreement, Severance Agreement (Solera Holdings, Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his his/her execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 2 contracts

Samples: Severance Agreement (Curon Medical Inc), Separation Agreement (Foxhollow Technologies, Inc.)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this the Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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 from doing so, unless specifically authorized by federal law.

Appears in 2 contracts

Samples: Separation Agreement (Hytek Microsystems Inc), Separation Agreement (Genesis Microchip Inc /De)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Supplemental Agreement. Employee acknowledges that the consideration given for this waiver and release Supplemental Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Supplemental Agreement; (b) he has up to twenty-one (21) days within which to consider this Supplemental Agreement; (c) he has seven (7) days following his execution of this Supplemental Agreement to revoke this the Agreement; (d) this Supplemental Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Supplemental Agreement prevents or precludes Employee 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 from doing so, unless specifically authorized by federal law.

Appears in 2 contracts

Samples: Transition Agreement and Release (Tibco Software Inc), Transition Agreement and Release (Tibco Software Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this the Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 2 contracts

Samples: Consulting Agreement (Ciphergen Biosystems Inc), Consulting Agreement (Ciphergen Biosystems Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) for the period of time during his employment with the Company up to and including December 31, 2003 and that this waiver and release Release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this AgreementRelease. Employee acknowledges that the consideration given for this waiver and release Agreement Release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this AgreementRelease; (b) he has up to twenty-one (21) days within which to consider this AgreementRelease; (c) he has seven (7) days following his execution of this Agreement Release to revoke this Agreement;the Release; and (d) this Agreement Release shall not be effective until the revocation period has expired; and,. (e) nothing in this Agreement Release prevents or precludes Employee 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.

Appears in 2 contracts

Samples: Employment, Confidential Information, Invention Assignment, and Arbitration Agreement (Supergen Inc), Employment, Confidential Information, Invention Assignment, and Arbitration Agreement (Supergen Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee Executive and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this AgreementDate. Employee Executive acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee Executive was already entitled. Employee Executive further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Severance Agreement (Applied Imaging Corp)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his his/her execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Severance Agreement (Healthetech Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and the Older Workers Benefit Protection Act (“OWBPA”), and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he Employee should consult with an attorney prior to executing this Agreement; (b) he Employee has up to twenty-one (21) days within which to consider this Agreement; (c) he Employee has seven (7) days following his execution of this Agreement to revoke this Agreement; (d) this Agreement ADEA waiver shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Retirement Agreement (Amkor Technology Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee Tan acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee Tan and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee Tan acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee Tan was already entitled. Employee Tan further acknowledges that he has been advised by this writing that: (ai) he should consult with an attorney prior to executing this Agreement; (bii) he has up to twenty-one (21) days within which to consider this Agreement; (ciii) he has seven (7) days following his execution of this Agreement to revoke this the Agreement; (div) this Agreement shall not be effective until the revocation period has expired; and, (ev) nothing in this Agreement prevents or precludes Employee Tan 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.

Appears in 1 contract

Samples: Stock Option Agreement (Komag Inc /De/)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his his/her execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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.]

Appears in 1 contract

Samples: Employment Agreement (Healthetech Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Supplemental Agreement. Employee acknowledges that the consideration given for this waiver and release Supplemental Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) a. he should consult with an attorney prior to executing this Supplemental Agreement; (b) b. he has up to twenty-one (21) days within which to consider this Supplemental Agreement; (c) c. he has seven (7) days following his execution of this Supplemental Agreement to revoke this the Agreement; (d) d. this Supplemental Agreement shall not be effective until the revocation period has expired; and, (e) e. nothing in this Supplemental Agreement prevents or precludes Employee 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 from doing so, unless specifically authorized by federal law.

Appears in 1 contract

Samples: Transition Agreement and Release (Tibco Software Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twentyforty-one five (2145) days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this the Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Severance Agreement (Argonaut Technologies Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does do not apply to any rights or claims that may arise under ADEA after the Effective Date of this AgreementDate. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twentyforty-one five (2145) days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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 penalties, or costs for doing so, unless specifically authorized by federal law.

Appears in 1 contract

Samples: Severance Agreement (Notify Technology Corp)

Acknowledgement of Waiver of Claims Under ADEA. Employee Xx. Xxxxx acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee Xx. Xxxxx and the Company Cost Plus agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date effective date of this Agreement. Employee Xx. Xxxxx acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee Xx. Xxxxx was already entitled. Employee Xx. Xxxxx further acknowledges that he he/she has been advised by this writing that: (a) he he/she should consult with an attorney prior to executing this Agreement; (b) he he/she has up to twenty-one (21) days within which to consider this Agreement; (c) he he/she has seven (7) days following his his/her execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee Xx. Xxxxx 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.

Appears in 1 contract

Samples: Employment Agreement (Cost Plus Inc/Ca/)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this AgreementDate. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this the Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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 from doing so, unless specifically authorized by federal law.

Appears in 1 contract

Samples: Transition Agreement and Release (Tibco Software Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this Agreement; (d) this Agreement shall will not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Severance Agreement (Ikanos Communications)

Acknowledgement of Waiver of Claims Under ADEA. Employee Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Employee Executive and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Supplemental Agreement. Employee Executive acknowledges that the consideration given for this waiver and release Supplemental Agreement is in addition to anything of value to which Employee Executive was already entitled. Employee Executive further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Supplemental Agreement; (b) he has up to twenty-one (21) days within which to consider this Supplemental Agreement; (c) he has seven (7) days following his execution of this Supplemental Agreement to revoke this Supplemental Agreement; (d) this Supplemental Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Supplemental Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Transition Agreement and Release (Cholestech Corporation)

Acknowledgement of Waiver of Claims Under ADEA. Employee ---------------------------------------------- acknowledges that he she is waiving and releasing any rights he she may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he she has been advised by this writing that: : (a) he she should consult with an attorney prior to executing this Agreement; ; (b) he she has up to twenty-one (21) days within which to consider this Agreement; ; (c) he she has seven fifteen (715) days following his her execution of this Agreement to revoke this the Agreement; ; (d) this Agreement shall not be effective until the revocation period has expired; and, and (e) nothing in this Agreement prevents or precludes Employee 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 from doing so, unless specifically authorized by federal law.

Appears in 1 contract

Samples: Separation Agreement (Tricord Systems Inc /De/)

Acknowledgement of Waiver of Claims Under ADEA. Employee The Executive acknowledges that he is waiving and releasing any rights he he/she may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Employee The Executive and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee The Executive acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee the Executive was already entitled. Employee The Executive further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this the Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) and nothing in this Agreement prevents or precludes Employee the 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.

Appears in 1 contract

Samples: Transition Agreement (Digital Impact Inc /De/)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) that he should consult with an attorney prior to executing this Agreement; (b) ; he has up to twenty-one (21) days within which to consider this Agreement; (c) ; he has seven (7) days following his execution of this Agreement to revoke this Agreement; (d) ; this Agreement shall not be effective until the revocation period has expired; and, (e) , nothing in this Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Separation and Release of Claims Agreement (Infospace Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this AgreementRelease. Employee acknowledges that the consideration given for this waiver and release Agreement the Release contained herein is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this AgreementRelease; (b) he has up to twenty-one (21) days within which to consider this AgreementRelease; (c) he has seven (7) days following his execution of this Agreement Release to revoke this AgreementRelease; (d) this Agreement shall Release will not be effective until the revocation period has expired; and, (e) nothing in this Agreement Release prevents or precludes Employee 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.

Appears in 1 contract

Samples: Severance Agreement (SCM Microsystems Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he He should consult with an attorney prior to executing this Agreement; (b) he He has up to twenty-one (21) days within which to consider this Agreement; (c) he He has been advised in writing by the Company of the class, unit, or group of individuals covered by the severance program, and the job titles and ages of all individuals who participated and did not participate in the program; (d) He has seven (7) days following his execution of this Agreement to revoke this the Agreement; (de) this This Agreement shall not be effective until the revocation period has expired; and, (ef) nothing Nothing in this Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Severance Agreement (Pc Tel Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he he/she is waiving and releasing any rights he he/she may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he he/she has been advised by this writing that: (a) he he/she should consult with an attorney prior to executing this Agreement; (b) he he/she has up to twentyforty-one five (2145) days within which to consider this Agreement; (c) he he/she has been advised in writing by the Company of the class, unit, or group of individuals covered by the severance program, and the job titles and ages of all individuals who participated and did not participate in the program; (d) he/she has seven (7) days following his his/her execution of this Agreement to revoke this the Agreement; (de) this Agreement shall not be effective until the revocation period has expired; and, (ef) nothing in this Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Severance Agreement (Gadzoox Networks Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee Executive acknowledges that he he/she is waiving and releasing any rights he he/she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee Executive and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee Executive acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee Executive was already entitled. Employee Executive further acknowledges that he he/she has been advised by this writing that: (a) he Executive should consult with an attorney prior to executing this Agreement; (b) he Executive has up to twenty-one (21) days within which to consider this Agreement; (c) he Executive has seven (7) days following his execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Severance Agreement (Amkor Technology Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this the Agreement;; and (d) this Agreement shall not be effective until the revocation period has expired; and,. (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Separation Agreement (Somera Communications Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which the Employee already was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement;, (b) he has up to twenty-one (21) 21 days within which to consider this Agreement;, (c) he has seven (7) days following his execution of this Agreement to revoke this Agreement;, (d) this Agreement shall not be effective until the revocation period has expired; , and, (e) nothing in this Agreement prevents or precludes Employee 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 penalties, or costs for doing so, unless specifically authorized by federal law.

Appears in 1 contract

Samples: Separation Agreement (Lipid Sciences Inc/)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges -------------------------------------------------- that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this ----- Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has been advised in writing by the Company of the class, unit, or group of individuals covered by the severance program, and the job titles and ages of all individuals who participated and did not participate in the program; (d) he has seven (7) days following his execution of this Agreement to revoke this the Agreement; (de) this Agreement shall not be effective until the revocation period has expired; and, (ef) nothing in this Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Severance Agreement (Pc Tel Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this Agreement; (d) this Agreement shall ADEA waiver will not be effective until the seven (7) day revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Severance Agreement (Hi/Fn Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have against the Releasees for monetary damages under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this AgreementDate. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he a. should consult with an attorney prior to executing this AgreementRelease; (b) he b. has up to twenty-one (21) days within which to consider this AgreementRelease; (c) he c. has seven (7) days following his execution of this Agreement Release to revoke this AgreementRelease; (d) d. this Agreement ADEA waiver shall not be effective until the revocation period has expired; and, (e) e. nothing in this Agreement Release prevents or precludes Employee 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.

Appears in 1 contract

Samples: Employment Agreement (Lattice Semiconductor Corp)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he he/she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) that he should consult with an attorney prior to executing this Agreement; (b) ; he has up to twenty-one (21) days within which to consider this Agreement; (c) ; he has seven (7) days following his execution of this Agreement to revoke this Agreement; (d) ; this Agreement shall ADEA waiver will not be effective until the revocation period has expired; and, (e) and nothing in this Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Separation and Release Agreement (Fortinet Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his his/her execution of this Agreement to revoke this the Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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 from doing so, unless specifically authorized by federal law.

Appears in 1 contract

Samples: Separation Agreement (Sipex Corp)

Acknowledgement of Waiver of Claims Under ADEA. Employee Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Employee Executive and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Employee Executive acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee Executive was already entitled. Employee Executive further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this Agreement; (d) this Agreement ADEA waiver shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Severance Agreement (Netgear Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he she is waiving and releasing any rights he she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he she has been advised by this writing that: (a) he she should consult with an attorney prior to executing this Agreement; (b) he she has up to twenty-one (21) days within which to consider this Agreement; (c) he she has seven (7) days following his her execution of this Agreement to revoke this Agreement; (d) this Agreement ADEA waiver shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Separation Agreement (Versata Inc)

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Acknowledgement of Waiver of Claims Under ADEA. Employee Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee Executive and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Supplemental Agreement. Employee Executive acknowledges that the consideration given for this waiver and release Supplemental Agreement is in addition to anything of value to which Employee Executive was already entitled. Employee Executive further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Supplemental Agreement; (b) he has up to twenty-one (21) days within which to consider this Supplemental Agreement; (c) he has seven (7) days following his execution of this Supplemental Agreement to revoke this Supplemental Agreement; (d) this Supplemental Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Supplemental Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Transition Agreement and Release (Cholestech Corporation)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he she is waiving and releasing any rights he she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he she has been advised by this writing that: (a) he she should consult with an attorney prior to executing this Agreement; (b) he she has up to twenty-one (21) days within which to consider this Agreement; (c) he she has seven (7) days following his her execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Separation Agreement (Pervasive Software Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he he/she is waiving and releasing any rights he he/she may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he he/she has been advised by this writing that: (a) he he/she should consult with an attorney prior to executing this Agreement; (b) he he/she has up to twentyforty-one five (2145) days within which to consider this Agreement; (c) he he/she has been advised in writing by the Company of the class, unit, or group of individuals affected by the reduction in force, and the job titles and ages of all individuals who were and were not affected; (d) he/she has seven (7) days following his his/her execution of this Agreement to revoke this the Agreement; (de) this Agreement shall not be effective until the revocation period has expired; and, (ef) nothing in this Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Severance Agreement (Argonaut Technologies Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee Executive and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Employee Executive acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee Executive was already entitled. Employee Executive further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this Agreement; (d) this Agreement ADEA waiver shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Severance Agreement (Netgear Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Release Agreement. Employee acknowledges that the consideration given for this waiver and release Release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Release Agreement; (b) he has up to twenty-one (21) days within which to consider this Release Agreement; (c) he has seven (7) days following his execution of this Release Agreement to revoke this Release Agreement; (d) this Agreement ADEA waiver shall not be effective until the revocation period has expired; and, (e) nothing in this Release Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Employment Agreement (Alien Technology Corp)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he she is waiving and releasing any rights he she may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to of which Employee was already entitled. Employee further acknowledges that he she has been advised by this writing that: (a) he she should consult with an attorney prior to executing this Agreement; (b) he she has up to twenty-one (21) days within which to consider this Agreement; (c) he she has seven (7) days following his her execution of this Agreement to revoke this the Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and,; (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Severance Agreement (Netgear Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of date on which Employee has signed this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his his/her execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Separation Agreement (American Woodmark Corp)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Employee and the Company The Parties agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his his/her execution of this Agreement to revoke this the Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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 from doing so, unless specifically authorized by federal law.

Appears in 1 contract

Samples: Separation Agreement (Accelrys, Inc.)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was is already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this the Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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 from doing so, unless specifically authorized by federal law.

Appears in 1 contract

Samples: Severance Agreement (Tripath Technology Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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 penalties, or costs for doing so, unless specifically authorized by federal law.

Appears in 1 contract

Samples: Severance Agreement (Xenogen Corp)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he he/she is waiving and releasing any rights he he/she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he he/she has been advised by this writing that: (a) he he/she should consult with an attorney prior to executing this Agreement; (b) he he/she has up to twenty-one (21) days within which to consider this Agreement; (c) he he/she has seven (7) days following his his/her execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Severance Agreement (NeurogesX Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this Agreement; (d) this Agreement shall will not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Key Employee Agreement (Tercica Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he he/she is waiving and releasing any rights he he/she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he he/she has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his his/her execution of this Agreement to revoke this the Agreement;; and (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing . Nothing in this Agreement prevents or precludes Employee 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. Changes to this Agreement whether material or nonmaterial shall not restart the 21-day period.

Appears in 1 contract

Samples: Severance Agreement (Solera Holdings, Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he he/she is waiving and releasing any rights he he/she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he he/she has been advised by this writing that: (a) he he/she should consult with an attorney prior to executing this Agreement; (b) he he/she has up to twentyforty-one five (2145) days within which to consider this Agreement; (c) he he/she has been advised in writing by the Company of the class, unit, or group of individuals affected by the reduction in force, and the job titles and ages of all individuals who were and were not affected; (d) he/she has seven (7) days following his his/her execution of this Agreement to revoke this the Agreement; (de) this Agreement shall not be effective until the revocation period has expired; and, (ef) nothing in this Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Severance Agreement (Thermage Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee The Executive acknowledges that he is waiving and releasing any rights he he/she may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Employee The Executive and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee The Executive acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee the Executive was already entitled. Employee The Executive further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this the Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee the 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.

Appears in 1 contract

Samples: Severance Agreement (Digital Impact Inc /De/)

Acknowledgement of Waiver of Claims Under ADEA. Employee The Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Employee The Executive and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee The Executive acknowledges that the consideration given for this waiver and release Release Agreement is in addition to anything any of the value to which Employee the Executive was already entitled. Employee The Executive further acknowledges that he has been advised by this writing that: (a) a. he should consult with an attorney prior to executing this Release Agreement; (b) b. he has been given the opportunity to consider this Release Agreement for a period of up to twenty-one (21) days within which to consider this Agreementdays; (c) c. he has seven (7) days following his execution of this Release Agreement to revoke this Release Agreement; (d) d. this Release Agreement shall not be effective until the revocation period has expired; and, (e) e. nothing in this Release Agreement prevents or precludes Employee the 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.

Appears in 1 contract

Samples: Employment Agreement (3com Corp)

Acknowledgement of Waiver of Claims Under ADEA. Employee Executive acknowledges that he Executive is waiving and releasing any rights he Executive may have against the Releasees for monetary damages under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee Executive and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this AgreementTermination Date. Employee Executive acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee Executive was already entitled. Employee Executive further acknowledges that he Executive has been advised by this writing that: (a) he Executive should consult with an attorney prior to executing this Separation Agreement; (b) he Executive has up to twenty-one (21) days within which to consider this Separation Agreement; (c) he Executive has seven (7) days following his execution of this Separation Agreement to revoke this Separation Agreement; (d) this Agreement ADEA waiver shall not be effective until the revocation period has expired; and, (e) nothing in this Separation Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Executive Separation Agreement (Eastside Distilling, Inc.)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this the Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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 from doing so, unless specifically authorized by federal law.

Appears in 1 contract

Samples: Separation Agreement (Avanex Corp)

Acknowledgement of Waiver of Claims Under ADEA. Employee Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Employee Executive and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this AgreementSeparation Date. Employee Executive acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee Executive was already entitled. Employee Executive further acknowledges that he has been advised by this writing that: : (a) he should consult with an attorney prior to executing this Agreement; ; (b) he has up to twenty-one (21) days within which to consider this Agreement; ; (c) he has seven (7) days following his execution of this Agreement to revoke this Agreement; ; (d) this Agreement ADEA waiver shall not be effective until the revocation period has expired; and, , (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Separation Agreement (Netgear Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he Employee should consult with an attorney prior to executing this Agreement; (b) he Employee has up to twenty-one (21) days within with which to consider this Agreement; (c) he Employee has seven (7) days following his the execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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. The Employee agrees to execute and return to the Company this Waiver again on and effective as of the Retirement Date. For the avoidance of doubt, failure to do so and/or revocation by Employee will constitute a material breach of this Agreement.

Appears in 1 contract

Samples: Consulting and Release of Claims Agreement (Td Ameritrade Holding Corp)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he she is waiving and releasing any rights he she may have against the Releasees for monetary damages under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this AgreementDate. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he she has been advised by this writing that: (a) he she should consult with an attorney prior to executing this AgreementRelease; (b) he she has up to twenty-one (21) days within which to consider this AgreementRelease; (c) he she has seven (7) days following his her execution of this Agreement Release to revoke this AgreementRelease; (d) this Agreement ADEA waiver shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement Release prevents or precludes Employee 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.

Appears in 1 contract

Samples: Employment Agreement (Lattice Semiconductor Corp)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) a. he should consult with an attorney prior to executing this Agreement; (b) b. he has up to twenty-one (21) days within which to consider this Agreement; (c) c. he has seven (7) days following his execution of this Agreement to revoke this the Agreement; (d) d. this Agreement shall not be effective until the revocation period has expired; and, (e) e. nothing in this Agreement prevents or precludes Employee 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. Any revocation should be in writing and delivered to PMC-Sierra, Inc., Xxxxx Xxxxxxx, Vice President Human Resources, Mission Towers 0000 Xxxxxxx Xxxxxx, Xxxxx Xxxxx, Xxxxxxxxxx 00000 by the close of business on the seventh day from the date that Employee signs this Agreement.

Appears in 1 contract

Samples: Employment Agreement (PMC Sierra Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he he/she is waiving and releasing any rights he he/she may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he he/she has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) 21 days within which to consider this Agreement; (c) he has seven (7) 7 days following his his/her execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Severance Agreement (Sipex Corp)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement and, to the extent he has not used the entire 21-day period prior to executing the Agreement, he hereby knowingly and voluntarily waives the remainder of the said 21-day period; (c) he has seven (7) days following his execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Separation and Release of Claims Agreement (Infospace Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he He should consult with an attorney prior to executing this Agreement; (b) he He has up to twenty-one (21) days within which to consider this Agreement; (c) he He has seven (7) days following his execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Separation Agreement (Tercica Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he he/she is waiving and releasing any rights he he/she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his his/her execution of this Agreement to revoke this the Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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 from doing so, unless specifically authorized by federal law.

Appears in 1 contract

Samples: Separation Agreement (Pharsight Corp)

Acknowledgement of Waiver of Claims Under ADEA. Employee Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Employee Executive and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee Executive acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee Executive was already entitled. Employee Executive further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Transition Agreement and Release (Cholestech Corporation)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this Agreement; (d) this Agreement his ADEA waiver shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Separation Agreement (Sipex Corp)

Acknowledgement of Waiver of Claims Under ADEA. The Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes the Employee 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.

Appears in 1 contract

Samples: Transition Employment Agreement (Pinnacle Systems Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he he/she is waiving and releasing any rights he he/she may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he he/she has been advised by this writing that: (a) he he/she should consult with an attorney prior to executing this Agreement; (b) he he/she has up to twentyforty-one five (2145) days within which to consider this Agreement; (c) he he/she has seven (7) days following his his/her execution of this Agreement to revoke this the Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Severance Agreement (Gadzoox Networks Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee Executive acknowledges that he is waiving and releasing any rights he may have against the Releasees for monetary damages under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee Executive and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this AgreementTermination Date. Employee Executive acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee Executive was already entitled. Employee Executive further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Separation Agreement; (b) he has up to twenty-one (21) days within which to consider this Separation Agreement; (c) he has seven (7) days following his execution of this Separation Agreement to revoke this Separation Agreement; (d) this Agreement ADEA waiver shall not be effective until the revocation period has expired; and, (e) nothing in this Separation Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Separation Agreement (Lattice Semiconductor Corp)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges ---------------------------------------------- that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this ----- Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this the Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Settlement Agreement (Emachines Inc /De/)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is they are waiving and releasing any rights he they may have against the Releasees for monetary damages under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this AgreementDate. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has they have been advised by this writing that: (a) he they should consult with an attorney prior to executing this AgreementRelease; (b) he has they have up to twenty-one (21) days within which to consider this AgreementRelease; (c) he has they have seven (7) days following his their execution of this Agreement Release to revoke this AgreementRelease; (d) this Agreement ADEA waiver shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement Release prevents or precludes Employee 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.

Appears in 1 contract

Samples: Employment Agreement (Lattice Semiconductor Corp)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he she is waiving and releasing any rights he she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee she was already entitled. Employee further acknowledges that he she has been advised by this writing that: (a) he she should consult with an attorney prior to executing this Agreement; (b) he she has up to twenty-one (21) days within which to consider this Agreement; (c) he she has seven (7) days following his her execution of this Agreement to revoke this the Agreement, and may do so by providing written notice to Dxxx Xxxxxxxx of the Company within the applicable seven (7)-day period; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Separation Agreement (Vermillion, Inc.)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Supplemental Agreement. Employee acknowledges that the consideration given for this waiver and release Supplemental Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Supplemental Agreement; (b) he has up to twenty-one (21) days within which to consider this Supplemental Agreement; (c) he has seven (7) days following his execution of this Supplemental Agreement to revoke this Supplemental Agreement; (d) this Supplemental Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Supplemental Agreement prevents or precludes Employee 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 from doing so, unless specifically authorized by federal law.

Appears in 1 contract

Samples: Transition Agreement and Release (Tibco Software Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this AgreementDate. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this the Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee 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 from doing so, unless specifically authorized by federal law.

Appears in 1 contract

Samples: Transition Agreement and Release (Tibco Software Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his his/her execution of this Agreement to revoke this the Agreement;; and (d) this Agreement shall not be effective until the revocation period has expired; and,. (e) nothing in this Agreement prevents or precludes Employee 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.

Appears in 1 contract

Samples: Severance Agreement (Natus Medical Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee Xx. Xxxx acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee Xx. Xxxx and the Company Cost Plus agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date effective date of this Agreement. Employee Xx. Xxxx acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee Xx. Xxxx was already entitled. Employee Xx. Xxxx further acknowledges that he he/she has been advised by this writing that: (a) he he/she should consult with an attorney prior to executing this Agreement; (b) he he/she has up to twenty-one (21) days within which to consider this Agreement; (c) he he/she has seven (7) days following his his/her execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement prevents or precludes Employee Xx. Xxxx 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.

Appears in 1 contract

Samples: Employment Agreement (Cost Plus Inc/Ca/)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that he is waiving and releasing any rights he may have against the Releasees for monetary damages under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this AgreementDate. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this AgreementRelease; (b) he has up to twenty-one (21) days within which to consider this AgreementRelease; (c) he has seven (7) days following his execution of this Agreement Release to revoke this AgreementRelease; (d) this Agreement ADEA waiver shall not be effective until the revocation period has expired; and, (e) nothing in this Agreement Release prevents or precludes Employee 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.

Appears in 1 contract

Samples: Employment Agreement (Lattice Semiconductor Corp)

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