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 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. Employee acknowledges that Employee was given twenty‑one (21) days to consider this Agreement. Once this agreement is executed, Employee may rescind this Separation Agreement within seven calendar days to reinstate federal claims. To be effective, any rescission within the relevant time periods must be writing and delivered to Mentor, in care of the Board of Directors, Compensation Committee, PERSONAL AND CONFIDENTIAL, Mentor Corporation, 201 Mentor Drive, Santa Barbara, CA, 93111. If sent by mail, the rescission must be (1) postmarked within the 7-day period, (2) properly addressed, and (3) sent xx xxxxxxxxx xxxx, xxxxxx xxxxxxx xxxxxxxed.

Appears in 4 contracts

Samples: Severance Agreement (Mentor Corp /Mn/), Severance Agreement (Mentor Corp /Mn/), Severance Agreement (Mentor Corp /Mn/)

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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 and the Company agree Executive agrees 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 and accept the terms of this Agreement. To accept the terms of this Agreement, Executive shall date and sign this Agreement and return it to Xxx Xxxx, Vice-President of Human Relations, Silvaco Group, 0000 Xxxxxxx Xxxxxxx Xxxx., Xxxxx Xxxxx, Xxxxx Xxxxx, XX 00000; (c) he has seven (7) days following his execution of this Agreement to revoke this AgreementAgreement (the “Revocation Period”). If he decides to revoke this Agreement after signing it, he must submit a written statement of revocation by the last day of the Revocation Period to Xxx Xxxx, Vice-President of Human Relations, Silvaco Group, 0000 Xxxxxxx Xxxxxxx Xxxx., Xxxxx Xxxxx, Xxxxx Xxxxx, XX 00000; (d) if Executive does not revoke during the seven-day Revocation Period, this Agreement will not be effective until take effect on the revocation period has expiredeighth (8th) day after the date Executive signs the Agreement (“Effective Date”); 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 penalties, or costs for doing so, unless specifically authorized by federal law. Employee In the event Executive signs this Agreement and returns it to the Company in less than the 21-day period identified above, Executive hereby acknowledges that Employee was given twenty‑one (21) days he has freely and voluntarily chosen to consider waive the time period allotted for considering this Agreement. Once this agreement is executed, Employee may rescind this Separation Agreement within seven calendar days to reinstate federal claims. To be effective, any rescission within the relevant time periods must be writing and delivered to Mentor, in care of the Board of Directors, Compensation Committee, PERSONAL AND CONFIDENTIAL, Mentor Corporation, 201 Mentor Drive, Santa Barbara, CA, 93111. If sent by mail, the rescission must be (1) postmarked within the 7-day period, (2) properly addressed, and (3) sent xx xxxxxxxxx xxxx, xxxxxx xxxxxxx xxxxxxxed.

Appears in 2 contracts

Samples: Confidential Separation Agreement and Release (Silvaco Group, Inc.), Confidential Separation Agreement and Release (Silvaco 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 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 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. Employee acknowledges that Employee was given twenty‑one (21) days to consider this Agreement. Once this agreement is executed, Employee may rescind this Separation Agreement within seven calendar days to reinstate federal claims. To be effective, any rescission within the relevant time periods must be writing and delivered to Mentor, in care of the Board Vice President of Directors, Compensation CommitteeHuman Resources, PERSONAL AND CONFIDENTIAL, Mentor Corporation, 201 Mentor Drive200 Xxxxxx Xxxxx, Santa BarbaraXxxxx Xxxxxxx, CAXX, 9311100000. If sent by mail, the rescission must be (1) postmarked within the 7-day period, (2) properly addressed, and (3) sent xx xxxxxxxxx xxxxby certified mail, xxxxxx xxxxxxx xxxxxxxedreturn receipt requested.

Appears in 2 contracts

Samples: Release of Claims Agreement (Mentor Corp /Mn/), Release of Claims Agreement (Mentor Corp /Mn/)

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 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 that (a) he should consult with an attorney prior to executing this Agreement; ; (b) he has up to at least twenty-one (21) days within which to consider this Agreement; ; (c) he has at least seven (7) days following his the execution of this Agreement by the parties to revoke this the Agreement; ; and (d) this Agreement will 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 . If the last day of the validity revocation period is a Saturday, Sunday, or legal holiday, then the revocation period shall not expire until the next following day which is not a Saturday, Sunday, or legal holiday. This Agreement shall not become effective or enforceable until the seven (7) day revocation period has expired. Any revocation within the seven (7) day revocation period must be in writing directed to Xxxxx X. Xxxxxx, Senior Vice President, Human Resources, and shall state: "I, __________, hereby revoke my acceptance of our Agreement which I signed and dated on _________________." Any such revocation shall be mailed to Xxxxx X. Xxxxxx at Sun Healthcare Group, Inc., 00000 Xxx Xxxxxx Xxxxxx, Ste 400, Irvine, California 92612 by first class mail, postage prepaid, return receipt requested and postmarked within seven (7) days after Employee's signing of this waiver Agreement. If Employee revokes this Agreement, he will not be entitled to receive any of the consideration provided for under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal lawthis Agreement. Employee acknowledges agrees that Employee was given twenty‑one any modifications, material or otherwise, made to this agreement and mutual general release do not restart or effect in any manner the original twenty-one (21) days to consider this Agreement. Once this agreement is executed, Employee may rescind this Separation Agreement within seven calendar days to reinstate federal claims. To be effective, any rescission within the relevant time periods must be writing and delivered to Mentor, in care of the Board of Directors, Compensation Committee, PERSONAL AND CONFIDENTIAL, Mentor Corporation, 201 Mentor Drive, Santa Barbara, CA, 93111. If sent by mail, the rescission must be (1) postmarked within the 7-day consideration period, (2) properly addressed, and (3) sent xx xxxxxxxxx xxxx, xxxxxx xxxxxxx xxxxxxxed.

Appears in 1 contract

Samples: Separation Agreement (Sun Healthcare 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 agrees 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 under Section 7 of the Employment Agreement 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) as set forth in the Decisional Unit Information Letter attached hereto as Exhibit A, he has been advised in writing by the Company of the decisional unit for this reduction in force, as well as the class, unit, or group of individuals affected, and the job titles and ages of all individuals who were and were not affected; (d) he has seven (7) days following his execution of this Agreement to revoke this Agreement; ; (de) this Agreement will shall not be effective until after the revocation period has expired; and, 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 penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee signs this Agreement and returns it to the Company in less than the 45-day period identified above, Employee hereby acknowledges that Employee was given twenty‑one (21) days he has freely and voluntarily chosen to consider waive the time period allotted for considering this Agreement. Once this agreement is executed, Employee may rescind this Separation Agreement within seven calendar days to reinstate federal claims. To be effective, any rescission within the relevant time periods acknowledges and understands that revocation must be writing accomplished by delivery of a written notification to [insert contact information for appropriate Company representative – e.g., HR and delivered contact information] prior to Mentor, in care of the Board of Directors, Compensation Committee, PERSONAL AND CONFIDENTIAL, Mentor Corporation, 201 Mentor Drive, Santa Barbara, CA, 93111. If sent by mail, the rescission must be (1) postmarked within the 7-day period, (2) properly addressed, and (3) sent xx xxxxxxxxx xxxx, xxxxxx xxxxxxx xxxxxxxedEffective Date.

Appears in 1 contract

Samples: Employment Agreement (Tibco Software 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 agrees 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 Employee signs 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 Agreement; ; (d) this Agreement will shall not be effective until after 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 penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that Employee was given twenty‑one (21) days has knowingly and voluntarily chosen to consider waive the time period allotted for considering this Agreement. Once this agreement is executed, Employee may rescind this Separation Agreement within seven calendar days to reinstate federal claims. To be effective, any rescission within the relevant time periods acknowledges and understands that revocation must be writing and delivered accomplished by a written notification to Mentorthe person executing this Agreement on the Company’s behalf that is received prior to the Effective Date. The Parties agree that changes, in care whether material or immaterial, do not restart the running of the Board of Directors, Compensation Committee, PERSONAL AND CONFIDENTIAL, Mentor Corporation, 201 Mentor Drive, Santa Barbara, CA, 93111. If sent by mail, the rescission must be (1) postmarked within the 721-day period, (2) properly addressed, and (3) sent xx xxxxxxxxx xxxx, xxxxxx xxxxxxx xxxxxxxed.

Appears in 1 contract

Samples: Resignation and Release of Claims (iRhythm 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) calendar days within which to consider this Agreement; (c) he has seven (7) calendar days following his execution of this Agreement to revoke this the Agreement; (d) the parties agree that further changes to the Agreement, whether or not material, shall not start the twenty-one (21) day deliberation period nor seven (7) day revocation period anew; (e) this Agreement will 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. ; and (g) nothing in this Agreement prohibits Employee acknowledges that Employee was given twenty‑one (21) days from filing an administrative charge or complaint of age discrimination, including a challenge to consider the validity of this Agreement. Once this agreement is executed, Employee may rescind this Separation Agreement within seven calendar days to reinstate with the federal claims. To be effective, Equal Employment Opportunity Commission or participating in any rescission within investigation or proceeding conducted by the relevant time periods must be writing and delivered to Mentor, in care of the Board of Directors, Compensation Committee, PERSONAL AND CONFIDENTIAL, Mentor Corporation, 201 Mentor Drive, Santa Barbara, CA, 93111. If sent by mail, the rescission must be (1) postmarked within the 7-day period, (2) properly addressed, and (3) sent xx xxxxxxxxx xxxx, xxxxxx xxxxxxx xxxxxxxedCommission.

Appears in 1 contract

Samples: Separation Agreement (E2open 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 agrees that any modifications, material or otherwise, made to this Agreement and General Release do not restart or affect in any manner the original up to twenty-one (21) day consideration period; (d) he has seven (7) days following his execution of this Agreement to revoke the Agreement. Any revocation within this Agreementperiod must be submitted, in writing, to ZipRealty President and CEO, Cxxxxxx X. Xxxxx, and state, “I hereby revoke my acceptance of our Agreement and General Release.” The revocation must be personally delivered to President and CEO, Cxxxxxx X. Xxxxx or his designee, or mailed to ZipRealty President and CEO, Cxxxxxx X. Xxxxx and postmarked within seven (7) calendar days after Executive signs this Agreement and General Release; (de) this Agreement will shall not be effective until the revocation period has expired; and, (ef) 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. Employee acknowledges that Employee was given twenty‑one (21) days to consider this Agreement. Once this agreement is executed, Employee may rescind this Separation Agreement within seven calendar days to reinstate federal claims. To be effective, any rescission within the relevant time periods must be writing and delivered to Mentor, in care of the Board of Directors, Compensation Committee, PERSONAL AND CONFIDENTIAL, Mentor Corporation, 201 Mentor Drive, Santa Barbara, CA, 93111. If sent by mail, the rescission must be (1) postmarked within the 7-day period, (2) properly addressed, and (3) sent xx xxxxxxxxx xxxx, xxxxxx xxxxxxx xxxxxxxed.

Appears in 1 contract

Samples: Separation Agreement (Ziprealty 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 thatthat Employee: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) calendar days within which to consider this Agreement; (c) he has seven (7) calendar days following his Employee’s execution of this Agreement to revoke this the Agreement; (d) this Agreement will not may be effective revoked by Employee 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. Employee acknowledges that Employee was given twenty‑one ; (21f) days in order to consider revoke this Agreement. Once this agreement is executed, Employee may rescind must deliver to Company at the following address a written revocation before 12:00 p.m. (midnight) Pacific Time on the seventh calendar day following the date Employee signs this Separation Agreement within seven calendar days to reinstate federal claims. To be effectiveAgreement: VP Legal, any rescission within the relevant time periods must be writing and delivered to Mentor, in care of the Board of Directors, Compensation Committee, PERSONAL AND CONFIDENTIAL, Mentor Taleo Corporation, 201 Mentor Drive500 Xxxxxx Xxxxxx, Santa Barbara0xx xxxxx, CAXxx Xxxxxxxxx, 93111. If sent by mail, the rescission must be (1) postmarked within the 7-day period, (2) properly addressed, and (3) sent xx xxxxxxxxx xxxx, xxxxxx xxxxxxx xxxxxxxed.XX 00000 Facsimile: 415.520.0722

Appears in 1 contract

Samples: Separation Agreement (Taleo 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 thatthat Employee: (a) he should consult with an attorney prior to executing this Agreement; (b) he has up to twenty-one (21) calendar days within which to consider this Agreement; (c) he has seven (7) calendar days following his Employee’s execution of this Agreement to revoke this the Agreement; (d) this Agreement will 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. Employee acknowledges that Employee was given twenty‑one ; (21f) days in order to consider revoke this Agreement. Once this agreement is executed, Employee may rescind must deliver to Company at the following address a written revocation before 12:00 p.m. (midnight) Pacific Time on the seventh calendar day following the date Employee signs this Separation Agreement within seven calendar days to reinstate federal claims. To be effectiveAgreement: Human Resources Business Partner, any rescission within the relevant time periods must be writing and delivered to Mentor, in care of the Board of Directors, Compensation Committee, PERSONAL AND CONFIDENTIAL, Mentor Taleo Corporation, 201 Mentor Drive0000 Xxxxxx Xxxx., Santa Barbara0xx Xxx., CAXxxxxx, 93111. If sent by mailXX 00000, the rescission must be (1) postmarked within the 7-day period, (2) properly addressed, and (3) sent xx xxxxxxxxx xxxx, xxxxxx xxxxxxx xxxxxxxed.Facsimile: 415.520.0722

Appears in 1 contract

Samples: Severance Agreement (Taleo 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 notice 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) calendar days within which to consider this Agreement; (c) he Employee has seven (7) calendar days following his Employee’s execution of this Agreement to revoke this the Agreement; (d) the ADEA waiver in this Agreement will shall 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. ; (f) Employee acknowledges that Employee was given twenty‑one (21) days to consider understands that, notwithstanding any contrary language in this Agreement. Once , rights or claims that may not be released, waived or compromised by private agreement are not waived, and that nothing in this agreement is executedAgreement prevents him from filing any charges or claims with the EEOC, the NLRB or any other federal agency, or from participating fully in any investigation or matter pending before any state or federal agency. (g) in order to revoke this Agreement, Employee may rescind this Separation Agreement within seven must deliver to Xxxxx Xxxxx’x attention at the following address a written revocation before 12:00 a.m. (midnight) p.s.t. on the seventh calendar days to reinstate federal claims. To be effectiveday following the date Employee signs the Agreement: Xxxxx Xxxxx Executive Vice President and General Counsel 0000 Xxxxxxxx Xxxxxxxxx Xxxxx Xxx Xxxxxxxxx, any rescission within the relevant time periods must be writing and delivered to Mentor, in care of the Board of Directors, Compensation Committee, PERSONAL AND CONFIDENTIAL, Mentor Corporation, 201 Mentor Drive, Santa Barbara, CA, 93111. If sent by mail, the rescission must be (1) postmarked within the 7XX 00000 Fax: 000-day period, (2) properly addressed, and (3) sent xx xxxxxxxxx xxxx, xxxxxx xxxxxxx xxxxxxxed.000-0000

Appears in 1 contract

Samples: Severance Agreement (Rigel Pharmaceuticals 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 and the Company agree Executive agrees 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 and accept the terms of this Agreement. To accept the terms of this Agreement, Executive shall date and sign this Agreement and return it to Xxxxxxx Xxxxxx, General Counsel, CafePress Inc., 0000 Xxxxxxx Xxxxx, Xxx. 000, Xxx Xxxxx, XX 00000; (c) he has seven (7) days following his execution of this Agreement to revoke this AgreementAgreement (“Revocation Period”). If he decides to revoke this Agreement after signing, he must submit a written statement of revocation by the last day of the Revocation Period to Xxxxxxx Xxxxxx, General Counsel, CafePress Inc., 0000 Xxxxxxx Xxxxx, Xxx. 000, Xxx Xxxxx, XX 00000; (d) if Executive does not revoke during the seven-day Revocation Period, this Agreement will not be effective until take effect on the revocation period has expiredeighth (8th) day after the date Executive signs the Agreement (“Effective Date”); 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 penalties, or costs for doing so, unless specifically authorized by federal law. Employee In the event Executive signs this Agreement and returns it to the Company in less than the 21-day period identified above, Executive hereby acknowledges that Employee was given twenty‑one (21) days he has freely and voluntarily chosen to consider waive the time period allotted for considering this Agreement. Once this agreement is executed, Employee may rescind this Separation Agreement within seven calendar days to reinstate federal claims. To be effective, any rescission within the relevant time periods must be writing and delivered to Mentor, in care of the Board of Directors, Compensation Committee, PERSONAL AND CONFIDENTIAL, Mentor Corporation, 201 Mentor Drive, Santa Barbara, CA, 93111. If sent by mail, the rescission must be (1) postmarked within the 7-day period, (2) properly addressed, and (3) sent xx xxxxxxxxx xxxx, xxxxxx xxxxxxx xxxxxxxed.

Appears in 1 contract

Samples: Separation Agreement (Cafepress 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 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 agrees that any modifications, material or otherwise, made to this Agreement and General Release do not restart or affect in any manner the original up to forty-five (45) day consideration period; (d) she has seven (7) days following his her execution of this Agreement to revoke the Agreement. Any revocation within this Agreementperiod must be submitted, in writing, to ZipRealty Vice President of Human Resources, Jxxx Xxxxx and state, “I hereby revoke my acceptance of our Agreement and General Release.” The revocation must be personally delivered to Vice President of Human Resources, Jxxx Xxxxx or her designee, or mailed to ZipRealty Vice President of Human Resources, Jxxx Xxxxx and postmarked within seven (7) calendar days after Employee signs this Agreement and General Release; (de) this Agreement will 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 from doing so, unless specifically authorized by federal law. Employee acknowledges that Employee was given twenty‑one (21) days to consider this Agreement. Once this agreement is executed, Employee may rescind this Separation Agreement within seven calendar days to reinstate federal claims. To be effective, any rescission within the relevant time periods must be writing and delivered to Mentor, in care of the Board of Directors, Compensation Committee, PERSONAL AND CONFIDENTIAL, Mentor Corporation, 201 Mentor Drive, Santa Barbara, CA, 93111. If sent by mail, the rescission must be (1) postmarked within the 7-day period, (2) properly addressed, and (3) sent xx xxxxxxxxx xxxx, xxxxxx xxxxxxx xxxxxxxed.

Appears in 1 contract

Samples: Separation Agreement (Ziprealty 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 date Employee signs 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 notice by this writing that: (a) he Employee should consult with an attorney prior to executing this AgreementRelease; (b) he Employee has up to twenty-one (21) calendar days within which to consider this AgreementRelease; (c) he Employee has seven (7) calendar days following his Employee’s execution of this Agreement Release to revoke this Agreementthe Release; (d) the ADEA waiver in this Agreement will Release shall not be effective until the seven (7) day 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. Employee acknowledges that Employee was given twenty‑one ; (21f) days in order to consider revoke this Agreement. Once this agreement is executedRelease, Employee may rescind this Separation Agreement within seven must deliver to Xxxxx Xxxxx’x attention at the following address a written revocation before 12:00 a.m. (midnight) p.s.t. on the seventh calendar days to reinstate federal claims. To be effectiveday following the date Employee signs the Release: Xxxxx Xxxxx Executive Vice President and General Counsel 0000 Xxxxxxxx Xxxxxxxxx Xxxxx Xxx Xxxxxxxxx, any rescission within the relevant time periods must be writing and delivered to Mentor, in care of the Board of Directors, Compensation Committee, PERSONAL AND CONFIDENTIAL, Mentor Corporation, 201 Mentor Drive, Santa Barbara, CA, 93111. If sent by mail, the rescission must be (1) postmarked within the 7XX 00000 Fax: 000-day period, (2) properly addressed, and (3) sent xx xxxxxxxxx xxxx, xxxxxx xxxxxxx xxxxxxxed.000-0000

Appears in 1 contract

Samples: Transition and Separation Agreement (Rigel Pharmaceuticals 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”) 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. Employee may waive this period, and agrees to waive the 21-day period as evidenced by his execution of Exhibit A; (c) he Employee has seven (7) days following his execution of this Agreement to revoke this Agreement; (d) this This Agreement will shall not be effective until the revocation period has expired; and,expired (the “Effective Date”); (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. Employee acknowledges that Employee was given twenty‑one ; and (21f) To revoke this Agreement pursuant to Section 8(c) within seven (7) days of signing this agreement, employee must send a written letter by certified mail to consider General Counsel, Amkor Technology, Inc., 0000 X. Xxxxx Xxxx, Xxxxxxxx, Xxxxxxx 00000. If Employee revokes, he will not receive any consideration described in this Agreement. Once this agreement is executed, Employee may rescind this Separation Agreement within seven calendar days to reinstate federal claims. To be effective, any rescission within the relevant time periods must be writing and delivered to Mentor, in care of the Board of Directors, Compensation Committee, PERSONAL AND CONFIDENTIAL, Mentor Corporation, 201 Mentor Drive, Santa Barbara, CA, 93111. If sent by mail, the rescission must be (1) postmarked within the 7-day period, (2) properly addressed, and (3) sent xx xxxxxxxxx xxxx, xxxxxx xxxxxxx xxxxxxxed.

Appears in 1 contract

Samples: Separation and Consulting Agreement (Amkor Technology 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 Xxxx 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) calendar days within which to consider this Agreement; (c) he has seven (7) calendar days following his execution of this Agreement to revoke this Agreement; (d) this Agreement will 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. Employee acknowledges that Employee was given twenty‑one (21) days to consider this Agreement. Once this agreement is executedANY REVOCATION SHOULD BE IN WRITING AND DELIVERED TO XXXXX X. XXXXXXX, Employee may rescind this Separation Agreement within seven calendar days to reinstate federal claims. To be effectiveAT 56 TOP XXXXXXX ROAD, any rescission within the relevant time periods must be writing and delivered to MentorSTAMFORD, in care of the Board of Directors, Compensation Committee, PERSONAL AND CONFIDENTIAL, Mentor Corporation, 201 Mentor Drive, Santa Barbara, CA, 93111. If sent by mail, the rescission must be (1) postmarked within the 7-day period, (2) properly addressed, and (3) sent xx xxxxxxxxx xxxx, xxxxxx xxxxxxx xxxxxxxedCT 06904 ON OR BEFORE 11:59 P.M. ON THE SEVENTH DAY AFTER EXECUTIVE’S EXECUTION OF THIS AGREEMENT.

Appears in 1 contract

Samples: Employment Agreement (Gartner Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee Executive 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 Executive agrees 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 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 and accept the terms of this Agreement. To accept the terms of this Agreement, Executive shall date and sign this Agreement and return it to Hiro Kozato, Techpoint, Inc., 2000 Xxxxx Xxxxx Xxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000; (c) he she has seven (7) days following his her execution of this Agreement to revoke this AgreementAgreement (“Revocation Period”). If she decides to revoke this Agreement after signing, she must submit a written statement of revocation by the last day of the Revocation Period to Hiro Kozato, Techpoint, Inc., 2000 Xxxxx Xxxxx Xxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000; (d) if Executive does not revoke during the seven-day Revocation Period, this Agreement will not be effective until take effect on the revocation period has expiredeighth (8th) day after the date Executive signs the Agreement (“Effective Date”); 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 penalties, or costs for doing so, unless specifically authorized by federal law. Employee In the event Executive signs this Agreement and returns it to the Company in less than the 21-day period identified above, Executive hereby acknowledges that Employee was given twenty‑one (21) days she has freely and voluntarily chosen to consider waive the time period allotted for considering this Agreement. Once this agreement is executed, Employee may rescind this Separation Agreement within seven calendar days to reinstate federal claims. To be effective, any rescission within the relevant time periods must be writing and delivered to Mentor, in care of the Board of Directors, Compensation Committee, PERSONAL AND CONFIDENTIAL, Mentor Corporation, 201 Mentor Drive, Santa Barbara, CA, 93111. If sent by mail, the rescission must be (1) postmarked within the 7-day period, (2) properly addressed, and (3) sent xx xxxxxxxxx xxxx, xxxxxx xxxxxxx xxxxxxxed.

Appears in 1 contract

Samples: Separation Agreement (Techpoint, 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 should consult with an attorney prior to executing this Agreement;; and (b) he has up to twenty-one (21) days within which to consider this Agreement;; and (c) to the extent that he takes less than twenty-one (21) days to consider this Agreement prior to execution, Employee acknowledges that he had sufficient time to consider this Agreement and that he expressly, voluntarily and knowingly waives any additional time; and (d) he has seven (7) days following his execution of this Agreement to revoke this the Agreement;; and (de) this Agreement will shall not be effective until the revocation period has expired; and, (ef) nothing in this Agreement prevents or precludes Employee him 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. Employee acknowledges that Employee was given twenty‑one (21Any revocation of this Agreement under Section 9(d) days to consider this Agreement. Once this agreement is executed, Employee may rescind this Separation Agreement within seven calendar days to reinstate federal claims. To must be effective, any rescission in writing and sent within the relevant stated time periods must be writing and delivered period to MentorAxxxxx X. Xxxxxx, in care of the Board of DirectorsPresident & Chief Executive Officer, Compensation Committee1000 Xxxxxxx Xxxx Xxxx #0000, PERSONAL AND CONFIDENTIALXxx Xxxxxxx, Mentor Corporation, 201 Mentor Drive, Santa Barbara, CA, 93111. If sent by mail, the rescission must be (1) postmarked within the 7-day period, (2) properly addressed, and (3) sent xx xxxxxxxxx xxxx, xxxxxx xxxxxxx xxxxxxxedXxxxxxxxxx 00000.

Appears in 1 contract

Samples: Agreement and General Release (Ritter Pharmaceuticals Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges You understand and acknowledge that he is You are waiving and releasing any rights he You may have under the Age Discrimination in Employment Act of 1967 ("ADEA") ”), and that this waiver and release is knowing and voluntary. Employee You understand 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 You understand and acknowledge that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was You were already entitled. Employee You further acknowledges understand and acknowledge that he has You have been advised by this writing that : (a) he You should consult with an attorney prior to executing this Agreement; ; (b) he has up to You have had at least twenty-one (21) days within which to consider this Agreement; Agreement (and to the extent You have any claims under California’s Fair Employment and Housing Act, then this includes at least five (5) days to retain counsel related to Your dismissal of such claims, if applicable); (c) he has You have seven (7) days following his Your execution of this Agreement to revoke this Agreement; ; (d) this Agreement will shall not be effective until after the revocation period has expired; and, and (e) nothing in this Agreement prevents or precludes Employee You 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. Employee acknowledges In the event You execute this Agreement in less than the 21-day period identified above, You hereby acknowledge that Employee was given twenty‑one You have freely and voluntarily chosen to waive the time period allotted for considering this Agreement. You acknowledge and understand that revocation must be accomplished by providing written notification via email to Company representatives at xxxxxxxxxx@xxxxxx.xxx, that must be received by the Company representatives before the Effective Date. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period. The parties further agree that this Agreement shall expire and be deemed void if not signed and returned by You within twenty-one (21) days following Your Separation Date, except that the Company in its sole discretion may elect in writing to consider extend this Agreement. Once this agreement is executed, Employee may rescind this Separation Agreement within seven calendar days to reinstate federal claims. To be effective, any rescission within the relevant time periods must be writing and delivered to Mentor, in care of the Board of Directors, Compensation Committee, PERSONAL AND CONFIDENTIAL, Mentor Corporation, 201 Mentor Drive, Santa Barbara, CA, 93111. If sent by mail, the rescission must be (1) postmarked within the 7-day period, (2) properly addressed, and (3) sent xx xxxxxxxxx xxxx, xxxxxx xxxxxxx xxxxxxxedexpiration date.

Appears in 1 contract

Samples: Separation and General Release Agreement (Sunrun Inc.)

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Acknowledgement of Waiver of Claims Under ADEA. Employee Executive acknowledges that he Executive is waiving and releasing any rights he Executive 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 Executive has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement;; and (b) he has up to twenty-one (21) days within which to consider this Agreement;; and (c) to the extent that Executive takes less than twenty-one (21) days to consider this Agreement prior to execution, Executive acknowledges that Executive had sufficient time to consider this Agreement and that Executive expressly, voluntarily and knowingly waives any additional time, and (d) he has seven (7) days following his Executive’s execution of this Agreement to revoke this the Agreement;; and (de) this Agreement will shall not be effective until the revocation period has expired; and, (ef) 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. Employee acknowledges that Employee was given twenty‑one (21) days to consider this Agreement. Once this agreement is executed, Employee may rescind this Separation Agreement within seven calendar days to reinstate federal claims. To be effective, any rescission within the relevant time periods must be writing and delivered to Mentor, in care of the Board of Directors, Compensation Committee, PERSONAL AND CONFIDENTIAL, Mentor Corporation, 201 Mentor Drive, Santa Barbara, CA, 93111. If sent by mail, the rescission must be (1) postmarked within the 7-day period, (2) properly addressed, and (3) sent xx xxxxxxxxx xxxx, xxxxxx xxxxxxx xxxxxxxed.

Appears in 1 contract

Samples: Separation Agreement (Patient Safety 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 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 that (a) he should consult with an attorney prior to executing this Agreement; ; (b) he has up to at least twenty-one (21) days within which to consider this Agreement; ; (c) he has at least seven (7) days following his the execution of this Agreement by the parties to revoke this the Agreement; ; and (d) this Agreement will 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 . If the last day of the validity of this waiver under revocation period is a Saturday, Sunday, or legal holiday, then the ADEArevocation period shall not expire until the next following day which is not a Saturday, nor does it impose any condition precedentSunday, penalties or costs for doing so, unless specifically authorized by federal lawlegal holiday. Employee acknowledges that Employee was given twenty‑one This Agreement shall not become effective or enforceable until the seven (217) days to consider this Agreementday revocation period has expired. Once this agreement is executed, Employee may rescind this Separation Agreement within seven calendar days to reinstate federal claims. To be effective, any rescission Any revocation within the relevant time periods seven (7) day revocation period must be in writing directed to Xxxxxx X. Xxxxxxx, Esq., and delivered shall state: "I, __________, hereby revoke my acceptance of our Agreement which I signed and dated on _________________." Any such revocation shall be mailed to MentorXxxxxx X. Xxxxxxx, in care of the Board of DirectorsEsq., Compensation Committeeat Sun Healthcare Group, PERSONAL AND CONFIDENTIALInc., Mentor Corporation00000 Xxx Xxxxxx Xxxxxx, 201 Mentor DriveSte 400, Santa BarbaraIrvine, CA, 93111. If sent California 92612 by first class mail, the rescission must be (1) postage prepaid, return receipt requested and postmarked within the 7-day period, (2) properly addressed, and (3) sent xx xxxxxxxxx xxxx, xxxxxx xxxxxxx xxxxxxxed.seven

Appears in 1 contract

Samples: Separation Agreement (Sun Healthcare Group Inc)

Acknowledgement of Waiver of Claims Under ADEA. Employee (a) Executive acknowledges that he in Paragraph 4(a) of this Agreement Executive is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this Executive’s waiver and release of such rights 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 Executive further acknowledges that the consideration given for this the ADEA waiver and release under this Agreement is in addition to anything of value to which Employee Executive was already entitled. Employee further . (b) Executive acknowledges that he has been advised by this writing that: (ai) he Executive should consult and has consulted with an attorney prior to executing this Agreement; (bii) he Executive has up to twenty-one (21) days within which to consider this AgreementADEA waiver and release; (ciii) he Executive has seven (7) days following his Executive’s execution of this Agreement to revoke this AgreementADEA waiver and release; (div) this Agreement will the ADEA waiver and release shall not be effective until the revocation period has expired; and, (ev) 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. Employee acknowledges that Employee was given twenty‑one twenty-one (21) days to consider day period set forth above shall run from the date Executive receives this Agreement. Once The Parties agree that any modifications made to this agreement is executedAgreement prior to its execution shall not restart, Employee may rescind or otherwise affect, this Separation Agreement within seven calendar days twenty-one day consideration period. Executive further agrees and acknowledges that in the event Executive revokes his ADEA waiver and release in accordance with this Paragraph 14, Executive’s general release of claims (pursuant to reinstate federal claimsParagraph 4(a) of this Agreement) shall no longer include any release or waiver of claims under the ADEA but shall otherwise remain in full force and effect as to all non-ADEA claims released and/or waived therein. To In the event that Executive revokes his ADEA waiver and release in accordance with this Paragraph 14, Executive further agrees and acknowledges that he shall not be effective, any rescission within entitled to the relevant time periods must be writing and delivered to Mentor, pro rata portion of Executive’s 2010 annual bonus as detailed in care Paragraph 5(a)(1) of the Board of Directors, Compensation Committee, PERSONAL AND CONFIDENTIAL, Mentor Corporation, 201 Mentor Drive, Santa Barbara, CA, 93111. If sent by mail, the rescission must be (1) postmarked within the 7-day period, (2) properly addressed, and (3) sent xx xxxxxxxxx xxxx, xxxxxx xxxxxxx xxxxxxxedthis Agreement.

Appears in 1 contract

Samples: Separation and General Release Agreement (Vonage Holdings 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 agrees 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 will shall not be effective until after 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 penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that Employee was given twenty‑one (21) days he has freely and voluntarily chosen to consider waive the time period allotted for considering this Agreement. Once this agreement is executed, Employee may rescind this Separation Agreement within seven calendar days to reinstate federal claims. To be effective, any rescission within the relevant time periods acknowledges and understands that revocation must be writing and delivered accomplished by a written notification to Mentor, in care the Chairman of the Board of Directors, Compensation Committee, PERSONAL AND CONFIDENTIAL, Mentor Corporation, 201 Mentor Drive, Santa Barbara, CA, 93111. If sent by mail, the rescission must be (1) postmarked within Company or the 7-day period, (2) properly addressed, and (3) sent xx xxxxxxxxx xxxx, xxxxxx xxxxxxx xxxxxxxedGeneral Counsel of the Company that is received prior to the Effective Date.

Appears in 1 contract

Samples: Separation Agreement (Nanometrics Inc)

Acknowledgement of Waiver of Claims Under ADEA. A. Employee acknowledges that he is waiving and releasing any rights he that 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 Employer agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date effective date of this Agreement. Employee acknowledges Employees acknowledge 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 : (ai) he Employee should consult with an attorney prior to executing this Agreement; ; (bii) he Employee has up to twenty-one (21) days within which to consider this Agreement; ; and (c) he has seven (7) days following his execution of this Agreement to revoke this Agreement; (d) this Agreement will not be effective until the revocation period has expired; and, (eiii) 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. If Employee acknowledges that has not returned the signed Agreement within the time permitted, then the offer of payments and benefits set forth herein will expire by its own terms at such time. B. If Employee was given twenty‑one signs this Agreement less than twenty-one (21) days after receiving it, he does so knowingly and voluntarily, and waives any right he might have under the Age Discrimination in Employment Act, as amended, to the full twenty-one (21) days to consider this Agreement. Once . C. Employee understands that he has the right to revoke this agreement is executed, Employee may rescind this Separation Agreement in writing with respect to any age discrimination claims within seven calendar (7) days to reinstate federal claims. To be effective, any rescission within the relevant time periods must be writing and delivered to Mentor, in care of the Board date he signs it, by sending written notice of Directors, Compensation Committee, PERSONAL AND CONFIDENTIAL, Mentor Corporation, 201 Mentor Drive, Santa Barbara, CA, 93111. If sent by mail, the rescission must be said revocation to Employer within said seven (17) postmarked within the 7-day period, (2) properly addressedto the attention of the Employer’s human resources representative, and that if Employee revokes this Agreement, he will not be entitled to any payments from Employer or Releasees under this Agreement. Employee further understands that this Agreement, including the ADEA waiver, shall not be effective until the seven (37) sent xx xxxxxxxxx xxxx, xxxxxx xxxxxxx xxxxxxxedday revocation period has expired.

Appears in 1 contract

Samples: Severance Agreement (University Club, Inc. (FL))

Acknowledgement of Waiver of Claims Under ADEA. a. Employee acknowledges that he by executing this Agreement she is waiving and releasing any rights he Employee may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this her waiver and release of such rights 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 further acknowledges that the consideration given for this the ADEA waiver and release under this Agreement is in addition to anything of value to which Employee she was already entitled. . b. Employee further also acknowledges that he she has been advised by this writing that: (ai) he She should consult have, and she has consulted with an attorney prior to executing this Agreement;. (bii) he She has up to twenty-one (21) days within which to consider this AgreementADEA waiver and release; (ciii) he She has seven (7) days following his her execution of this Agreement to revoke this AgreementADEA waiver and release; (div) this Agreement will The ADEA waiver and release shall not be effective until the revocation period has expired; and, (ev) 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. Employee acknowledges that Employee was given twenty‑one The twenty-one (21) days to consider day period set forth above shall run from the date Employee receives this Agreement. Once Employee and the Company agree that any modifications made to this agreement is executedAgreement prior to its execution shall not restart, or otherwise affect, this twenty-one day consideration period. c. Employee further agrees and acknowledges that in the event she revokes her ADEA waiver and release in accordance with this Section 16, Employee’s general release of claims set forth in Section 3A above shall no longer include any release or waiver of claims under the ADEA but shall otherwise remain in full force and effect as to all non-ADEA claims released and/or waived therein. In the event that Employee revokes her ADEA waiver and release in accordance with this Section 16, Employee may rescind this Separation Agreement within seven calendar days further agrees and acknowledges that she shall not be entitled to reinstate federal claimsthe consideration set forth in Sections 2C and 2D above. To be effectiveVery truly yours, any rescission within the relevant time periods must be writing and delivered to MentorThe Macerich Company, in care of the Board of DirectorsA Maryland corporation By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Xx. EVP & Chief Legal Officer I HEREBY AGREE TO THE TERMS AND CONDITIONS OF THE FOREGOING RELEASE OF CLAIMS. Date: June 7, Compensation Committee, PERSONAL AND CONFIDENTIAL, Mentor Corporation, 201 Mentor Drive, Santa Barbara, CA, 93111. If sent by mail, the rescission must be (1) postmarked within the 7-day period, (2) properly addressed, and (3) sent xx xxxxxxxxx xxxx, xxxxxx xxxxxxx xxxxxxxed.2011 /s/ Xxxxxx Xxxxxx Xxxxxx Xxxxxx

Appears in 1 contract

Samples: Separation Agreement (Macerich Co)

Acknowledgement of Waiver of Claims Under ADEA. a. Employee acknowledges that by executing this Agreement he is waiving and releasing any rights he Employee may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this his waiver and release of such rights 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 further acknowledges that the consideration given for this the ADEA waiver and release under this Agreement is in addition to anything of value to which Employee he was already entitled. . b. Employee further also acknowledges that he has been advised by this writing that: (ai) He should have, and he should consult has consulted with an attorney prior to executing this Agreement;. (bii) he He has up to twenty-one (21) days within which to consider this AgreementADEA waiver and release; (ciii) he He has seven (7) days following his execution of this Agreement to revoke this AgreementADEA waiver and release; (div) this Agreement will The ADEA waiver and release shall not be effective until the revocation period has expired; and, (ev) 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. Employee acknowledges that Employee was given twenty‑one The twenty-one (21) days to consider day period set forth above shall run from the date Employee receives this Agreement. Once Employee and the Company agree that any modifications made to this agreement is executedAgreement prior to its execution shall not restart, or otherwise affect, this twenty-one day consideration period. c. Employee further agrees and acknowledges that in the event he revokes his ADEA waiver and release in accordance with this Section 16, Employee’s general release of claims set forth in Section 3A above shall no longer include any release or waiver of claims under the ADEA but shall otherwise remain in full force and effect as to all non-ADEA claims released and/or waived therein. In the event that Employee revokes his ADEA waiver and release in accordance with this Section 16, Employee may rescind this Separation Agreement within seven calendar days further agrees and acknowledges that he shall not be entitled to reinstate federal claimsthe consideration set forth in Sections 2C and 2D above. To be effectiveVery truly yours, any rescission within the relevant time periods must be writing The Macerich Company, A Maryland corporation By: /s/ Xxxxxxx X. Xxxxx Title: Senior Executive Vice President and delivered to MentorChief Legal Officer I HEREBY AGREE TO THE TERMS AND CONDITIONS OF THE FOREGOING RELEASE OF CLAIMS. Date: Sept. 14, in care of the Board of Directors, Compensation Committee, PERSONAL AND CONFIDENTIAL, Mentor Corporation, 201 Mentor Drive, Santa Barbara, CA, 93111. If sent by mail, the rescission must be (1) postmarked within the 7-day period, (2) properly addressed, and (3) sent xx xxxxxxxxx xxxx, xxxxxx xxxxxxx xxxxxxxed.2010 /s/ Xxxx Xxxxxxxx Xxxx Xxxxxxxx

Appears in 1 contract

Samples: Separation Agreement (Macerich Co)

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 and the Company agree Executive agrees 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 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 and accept the terms of this Agreement. To accept the terms of this Agreement, Executive shall date and sign this Agreement and return it to 0000 Xxxxxxx Xxxxx, Xxx. 000, Xxx Xxxxx, XX 00000, Attn: Legal Department; (c) he he/she has seven (7) days following his his/her execution of this Agreement to revoke this AgreementAgreement (“Revocation Period”). If he/she decides to revoke this Agreement after signing, 0000 Xxxxxxx Xxxxx, Xxx. 000, Xxx Xxxxx, XX 00000, Attn: Legal Department, must receive a written statement of revocation by the last day of the Revocation Period; (d) if Executive does not revoke during the seven-day Revocation Period, this Agreement will not be effective until take effect on the revocation period has expiredeighth (8th) day after the date you sign the Agreement (“Effective Date”); 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 penalties, or costs for doing so, unless specifically authorized by federal law. Employee In the event Executive signs this Agreement and returns it to the Company in less than the 45-day period identified above, Executive hereby acknowledges that Employee was given twenty‑one (21) days he/she has freely and voluntarily chosen to consider waive the time period allotted for considering this Agreement. Once this agreement is executed, Employee may rescind this Separation Agreement within seven calendar days to reinstate federal claims. To be effective, any rescission within the relevant time periods must be writing and delivered to Mentor, in care of the Board of Directors, Compensation Committee, PERSONAL AND CONFIDENTIAL, Mentor Corporation, 201 Mentor Drive, Santa Barbara, CA, 93111. If sent by mail, the rescission must be (1) postmarked within the 7-day period, (2) properly addressed, and (3) sent xx xxxxxxxxx xxxx, xxxxxx xxxxxxx xxxxxxxed.

Appears in 1 contract

Samples: Separation Agreement (Cafepress 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 notice 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) calendar days within which to consider this Agreement; (c) he Executive has seven (7) calendar days following his Executive’s execution of this Agreement to revoke this the Agreement; (d) the ADEA waiver in this Agreement will shall not be effective until the seven (7) day 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. Employee acknowledges that Employee was given twenty‑one ; (21f) days to consider Executive understands that, notwithstanding any contrary language in this Agreement. Once , rights or claims that may not be released, waived or compromised by private agreement are not waived, and that nothing in this agreement is executed, Employee may rescind this Separation Agreement within seven calendar days to reinstate federal claims. To be effective, prevents him from filing any rescission within charges or claims with the relevant time periods must be writing and delivered to Mentor, in care of the Board of Directors, Compensation Committee, PERSONAL AND CONFIDENTIAL, Mentor Corporation, 201 Mentor Drive, Santa Barbara, CA, 93111. If sent by mailEEOC, the rescission NLRB or any other federal agency, or from participating fully in any investigation or matter pending before any state or federal agency. (g) in order to revoke this Agreement, Executive must be deliver to Xxxxx Xxxxx’x attention at the following address a written revocation before 12:00 a.m. (1midnight) postmarked within p.s.t. on the 7seventh calendar day following the date Executive signs the Agreement: Xxxxx Xxxxx Executive Vice President and General Counsel 0000 Xxxxxxxx Xxxxxxxxx Xxxxx Xxx Xxxxxxxxx, XX 00000 Fax: 000-day period, (2) properly addressed, and (3) sent xx xxxxxxxxx xxxx, xxxxxx xxxxxxx xxxxxxxed.000-0000

Appears in 1 contract

Samples: Severance Agreement (Rigel Pharmaceuticals Inc)

Acknowledgement of Waiver of Claims Under ADEA. A. Employee acknowledges that he Employee is waiving and releasing any rights he that 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 Employer agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date effective date of this Agreement. Employee acknowledges Employees acknowledge 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 Employee has been advised by this writing that : (ai) he Employee should consult with an attorney prior to executing this Agreement; ; (bii) he Employee has up to twenty-one (21) days within which to consider this Agreement; ; and (c) he has seven (7) days following his execution of this Agreement to revoke this Agreement; (d) this Agreement will not be effective until the revocation period has expired; and, (eiii) 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. If Employee acknowledges that has not returned the signed Agreement within the time permitted, then the offer of payments and benefits set forth herein will expire by its own terms at such time. B. If Employee was given twenty‑one signed this Agreement less than twenty-one (21) days after receiving it, Employee did so knowingly and voluntarily, and waives any right Employee might have under the Age Discrimination in Employment Act, as amended, to a twenty-one (21) days to consider this Agreement. Once . C. Employee understands that Employee has the right to revoke this agreement is executed, Employee may rescind this Separation Agreement in writing with respect to any age discrimination claims within seven calendar (7) days to reinstate federal claims. To be effective, any rescission within the relevant time periods must be writing and delivered to Mentor, in care of the Board date Employee signs it, by sending written notice of Directors, Compensation Committee, PERSONAL AND CONFIDENTIAL, Mentor Corporation, 201 Mentor Drive, Santa Barbara, CA, 93111. If sent by mail, the rescission must be said revocation to Employer within said seven (17) postmarked within the 7-day period, (2) properly addressedto the attention of the Employer’s human resources representative, and that if Employee revokes this Agreement, Employee will not be entitled to any payments from Employer or Releasees under this Agreement. Employee further understands that this Agreement, including the ADEA waiver, shall not be effective until the seven (37) sent xx xxxxxxxxx xxxx, xxxxxx xxxxxxx xxxxxxxedday revocation period has expired.

Appears in 1 contract

Samples: Severance Payment and Release Agreement (ClubCorp Holdings, Inc.)

Acknowledgement of Waiver of Claims Under ADEA. Employee Executive acknowledges that he Executive is waiving and releasing any rights he Executive 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 Executive 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-twenty one (21) days within which to consider this Agreement; (c) he Executive has seven (7) days following his Executive’s execution of this Agreement to revoke this the Agreement; (d) this Agreement will 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. Employee In the event Executive signs this Agreement and returns it to the Company in less than the 21-day period identified above, Executive hereby acknowledges that Employee was given twenty‑one (21) days he has freely and voluntarily chosen to consider waive the time period allotted for considering this Agreement. Once this agreement is executed, Employee may rescind this Separation Agreement within seven calendar days to reinstate federal claims. To be effective, any rescission within the relevant time periods Executive acknowledges and understands that revocation must be writing and delivered accomplished by a written notification to Mentorthe person executing this Agreement on the Company’s behalf that is received prior to the Effective Date. The parties agree that changes, in care whether material or immaterial, do not restart the running of the Board of Directors, Compensation Committee, PERSONAL AND CONFIDENTIAL, Mentor Corporation, 201 Mentor Drive, Santa Barbara, CA, 93111. If sent by mail, the rescission must be (1) postmarked within the 721-day period, (2) properly addressed, and (3) sent xx xxxxxxxxx xxxx, xxxxxx xxxxxxx xxxxxxxed.

Appears in 1 contract

Samples: Advisory Services and Separation Agreement (MAGNACHIP SEMICONDUCTOR Corp)

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