Common use of Acknowledgment of Waiver of Claims under ADEA Clause in Contracts

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 days within which to consider this Agreement; (c) Executive has 7 days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 48 contracts

Samples: Employment Agreement (Appgate, Inc.), Employment Agreement (Cyxtera Technologies, Inc.), Employment Agreement (Cyxtera Technologies, Inc.)

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Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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 Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has 7 seven business days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 33 contracts

Samples: Separation Agreement (Omega Therapeutics, Inc.), Employment Agreement (Omega Therapeutics, Inc.), Employment Agreement (Fractyl Health, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and agrees 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. Executive understands and acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive he has been advised by this writing that: that (a) Executive he should consult with an attorney prior to executing this Agreement; (b) Executive he has 21 at least twenty-one (21) days within which to consider this Agreement; (c) Executive he has 7 seven (7) days following Executive’s the execution of this Agreement by the parties to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In Any revocation should be in writing and delivered to the event Vice-President of Human Resources at the Company by close of business on the seventh day from the date that Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 32 contracts

Samples: Change of Control and Retention Agreement, Management Retention Agreement, Management Retention Agreement

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and agrees 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. Executive understands and acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: that (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 at least twenty-one (21) days within which to consider this Agreement; (c) Executive has 7 seven (7) days following Executive’s the execution of this Agreement by the parties to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In Any revocation should be in writing and delivered to the event Vice-President of Human Resources at the Company by close of business on the seventh day from the date that Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 25 contracts

Samples: Severance and Change of Control Agreement (Jaguar Health, Inc.), Management Retention Agreement, Management Retention Agreement (Marketo, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive Employee understands and acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive Employee understands and 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. Executive Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive he has been advised by this writing that: (a) Executive he should consult with an attorney prior to executing this Agreement; (b) Executive he has 21 days within which to consider this Agreement; (c) Executive he has 7 days following Executive’s his execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive 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. In the event Executive Employee signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive Employee hereby acknowledges that Executive he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 16 contracts

Samples: Employment Agreement (Atotech LTD), Employment Agreement (CoreSite Realty Corp), Employment Agreement (Athlon Energy Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive Employee understands and acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive Employee understands and 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. Executive Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive he has been advised by this writing that: (a) Executive he should consult with an attorney prior to executing this Agreement; (b) Executive he has at least 21 days within which to consider this Agreement; (c) Executive he has 7 days following Executive’s his execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive 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. In the event Executive Employee signs this Agreement and returns it to the Company in less than the 21 21-day period identified above, Executive Employee hereby acknowledges that Executive he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 15 contracts

Samples: Employment Agreement (Bountiful Co), Employment Agreement (Bountiful Co), Employment Agreement (Alphabet Holding Company, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Employee acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and Employee 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. Executive understands and Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive he has been advised by this writing that: (a) Executive he should consult with an attorney prior to executing this Agreement; (b) Executive he has 21 twenty-one (21) days within which to consider this Agreement; (c) Executive he has 7 seven (7) days following Executive’s his execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive 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. In the event Executive Employee signs this Agreement and returns it to the Company in less than the 21 21-day period identified above, Executive Employee hereby acknowledges that Executive he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 13 contracts

Samples: Separation Agreement (Outdoor Channel Holdings Inc), Separation Agreement (St. Bernard Software, Inc.), Separation Agreement (Advent Software Inc /De/)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Employee acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands Employee and agrees 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. Executive understands and Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive he has been advised by this writing that: that (a) Executive he should consult with an attorney prior to executing this Agreement; (b) Executive he has 21 at least twenty-one (21) days within which to consider this Agreement; (c) Executive he has 7 seven (7) days following Executive’s the execution of this Agreement by the parties to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive 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 Executive signs this Agreement Any revocation should be in writing and returns it delivered to the Vice-President of Human Resources at the Company in less than by close of business on the 21 seventh day period identified above, Executive hereby acknowledges from the date that Executive has freely and voluntarily chosen to waive the time period allotted for considering Employee signs this Agreement.

Appears in 13 contracts

Samples: Employment Agreement (Rambus Inc), Employment Agreement (Echelon Corp), Executive Employment Agreement (Supergen Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (the “ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 days within which to consider this Agreement; (c) Executive has 7 days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the Chief Executive Officer or General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 10 contracts

Samples: Employment Agreement (Lindblad Expeditions Holdings, Inc.), Employment Agreement (Lindblad Expeditions Holdings, Inc.), Employment Agreement (Nogin, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and agrees 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. Executive understands and acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive he has been advised by this writing that: that (a) Executive he should consult with an attorney prior to executing this Agreement; (b) Executive he has 21 at least twenty-one (21) days within which to consider this Agreement; (c) Executive he has 7 seven (7) days following Executive’s the execution of this Agreement by the parties to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In Any revocation should be in writing and delivered to [HR Contact Name] at the event Company by close of business on the seventh day from the date that Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 9 contracts

Samples: Change in Control Agreement (Angiodynamics Inc), Change in Control Agreement (Meridian Bioscience Inc), Change in Control Agreement (Angiodynamics Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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 Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 days within which to consider this Agreement, and the Parties expressly agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has 7 seven business days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 9 contracts

Samples: Employment Agreement (Seres Therapeutics, Inc.), Employment Agreement (Seres Therapeutics, Inc.), Employment Agreement (Seres Therapeutics, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive he has been advised by this writing that: (a) Executive he should consult with an attorney prior to executing this Agreement; (b) Executive he has 21 twenty-one (21) days within which to consider this Agreement; (c) Executive he has 7 seven (7) days following Executive’s his execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 21-day period identified above, Executive hereby acknowledges that Executive he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Executive acknowledges and understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received prior to the Effective Date. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 8 contracts

Samples: Separation Agreement (Better Therapeutics, Inc.), Separation Agreement (Aqua Metals, Inc.), Separation Agreement (Skullcandy, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 calendar days within which to consider this Agreement; (c) Executive has 7 calendar days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 21-calendar day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Should the Executive revoke this Agreement within the 7 calendar day revocation period, then Executive shall forfeit all severance payments and benefits, and no severance payments or benefits or other consideration will be due to Executive.

Appears in 8 contracts

Samples: Employment Agreement (Appgate, Inc.), Employment Agreement (Appgate, Inc.), Employment Agreement (Appgate, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Employee acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and Employee 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. Executive understands and Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive he has been advised by this writing that: (a) Executive he should consult with an attorney prior to executing this Agreement; (b) Executive he has 21 twenty-one (21) days within which to consider this Agreement; (c) Executive he has 7 seven (7) days following Executive’s his execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive 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. In the event Executive Employee signs this Agreement and returns it to the Company in less than the 21 21-day period identified above, Executive Employee hereby acknowledges that Executive he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Employee acknowledges and understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received prior to the Effective Date. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 8 contracts

Samples: Employment Agreement (Nutanix, Inc.), Employment Agreement (Nutanix, Inc.), Transition and Separation Agreement (Solarcity Corp)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Employee acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and Employee 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. Executive understands and Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive he has been advised by this writing that: (a) Executive he should consult with an attorney prior to executing this Agreement; (b) Executive he has 21 twenty-one (21) days within which to consider this Agreement; (c) Executive he has 7 seven (7) days following Executive’s his execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive 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. In the event Executive Employee signs this Agreement and returns it to the Company in less than the 21 21-day period identified above, Executive Employee hereby acknowledges that Executive he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.. Employee acknowledges and understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received prior to the Effective Date. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period. (<< to be modified in accordance with the ADEA, the Older Workers’ Benefit Protection Act, and other applicable law, as necessary and appropriate, including if the separation is part of a group separation requiring additional consideration periods and disclosures >>)

Appears in 8 contracts

Samples: Executive Employment Agreement (Savara Inc), Executive Employment Agreement (Savara Inc), Executive Employment Agreement (Savara Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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 Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 days within which to consider this Agreement, and the Parties expressly agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has 7 days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 8 contracts

Samples: Employment Agreement (Seres Therapeutics, Inc.), Employment Agreement (Seres Therapeutics, Inc.), Employment Agreement (Seres Therapeutics, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and 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. Executive understands and acknowledges that the consideration given for this waiver and release Release is in addition to anything of value to which Executive was already is entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: : (a) the release and waiver granted herein does not relate to claims under the ADEA which may arise after this Release is executed; (b) Executive should consult with an attorney prior to executing this Agreement; Release; (bc) Executive has 21 at least twenty-one (21) days within which to consider this Agreement; Release as it relates to claims under the ADEA, although Executive may accept the terms of this Release at any time within those 21 days and earlier execute this Release; (cd) Executive has 7 seven (7) days following Executive’s the execution of this Agreement Release to revoke this Agreement pursuant Release as it relates to written notice to claims under the General Counsel of the CompanyADEA; and (de) this Agreement shall This Release will not be effective as it relates to claims under the ADEA until after the revocation period has expired; , which will be the eighth (8th) day after this Release is executed by both Parties, and (e) nothing the severance payments described in the Employment Agreement will not be paid until this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement Release has become effective and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreementall statutory revocation periods have expired.

Appears in 7 contracts

Samples: Executive Employment Agreement (Cesca Therapeutics Inc.), Asset Acquisition Agreement (Cesca Therapeutics Inc.), Executive Employment Agreement (Cesca Therapeutics Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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 Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 days within which to consider this Agreement, and the parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has 7 days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 7 contracts

Samples: Employment Agreement (Merus N.V.), Employment Agreement (Merus N.V.), Employment Agreement (Merus N.V.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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 Executive signs this AgreementRelease. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive should consult with an attorney prior to executing this AgreementRelease; (b) Executive has 21 [twenty-one (21)][forty-five (45)] days within which to consider this AgreementRelease, and the Parties agree that such time period to review this Release shall not be extended upon any material or immaterial changes to this Release; (c) Executive has 7 seven (7) business days following Executive’s execution of this Agreement Release to revoke this Agreement Release pursuant to written notice to the General Counsel of the Company; (d) this Agreement Release shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement Release prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement Release and returns it to the Company in less than the 21 [twenty-one (21)][forty-five (45)] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this AgreementRelease.

Appears in 7 contracts

Samples: Employment Agreement (Lyra Therapeutics, Inc.), Employment Agreement (Lyra Therapeutics, Inc.), Employment Agreement (Lyra Therapeutics, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive she is waiving and releasing any rights Executive she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and agrees 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. Executive understands and acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive she has been advised by this writing that: that (a) Executive she should consult with an attorney prior to executing this Agreement; (b) Executive she has 21 at least twenty-one (21) days within which to consider this Agreement; (c) Executive she has 7 seven (7) days following Executive’s the execution of this Agreement by the parties to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In Any revocation should be in writing and delivered to the event Vice-President of Human Resources at the Company by close of business on the seventh day from the date that Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 6 contracts

Samples: Management Retention Agreement (Williams Sonoma Inc), Employment Agreement (Williams Sonoma Inc), Release of Claims (Ubiquiti Networks, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and 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. Executive understands and acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: that (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has at least 21 days within which to consider this Agreement; (c) Executive has 7 days following Executive’s the execution of this Agreement by the parties to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall will not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns delivers it to the Company in less than the 21 21-day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Executive acknowledges and understands that revocation must be accomplished by a written notification to the Chief Legal Officer of the Company that is received prior to the Effective Date.]2 2This provision will only be included in this Agreement if Executive is age 40 or older at the time Executive’s employment relationship is terminated.

Appears in 6 contracts

Samples: Change of Control and Severance Agreement (Veracyte, Inc.), Change of Control and Severance Agreement (Veracyte, Inc.), Change of Control and Severance Agreement (Veracyte, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive he or she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and agrees 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. Executive understands and acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: that (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 at least twenty-one (21) days within which to consider this Agreement; (c) Executive has 7 seven (7) days following Executive’s the execution of this Agreement by the parties to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. Any revocation should be in writing and delivered to the General Counsel at the Company by close of business on the seventh day from the date that Executive signs this Agreement. In the event Executive signs this Agreement and returns it to the Company in less than the 21 21-day period identified above, Executive hereby acknowledges that Executive he/she has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 6 contracts

Samples: Change of Control and Severance Agreement (Nuance Communications, Inc.), Change of Control and Severance Agreement (Nuance Communications, Inc.), Change of Control and Severance Agreement (Nuance Communications, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive he has been advised by this writing that: (a) Executive he should consult with an attorney prior to executing this Agreement; (b) Executive he has 21 twenty-one (21) days within which to consider this Agreement; (c) Executive he has 7 seven (7) days following Executive’s his execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 21-day period identified above, Executive hereby acknowledges that Executive he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 6 contracts

Samples: Separation Agreement (Spansion Inc.), Separation Agreement (Spansion Inc.), Separation Agreement (Spansion Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and 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. Executive understands and acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: that (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has at least 21 days within which to consider this Agreement; (c) Executive has 7 days following Executive’s the execution of this Agreement by the parties to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns delivers it to the Company in less than the 21 21-day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Executive acknowledges and understands that revocation must be accomplished by a written notification to the Chief Legal Officer of the Company that is received prior to the Effective Date.

Appears in 6 contracts

Samples: Involuntary Termination Protection Agreement (Vivint Solar, Inc.), Involuntary Termination Protection Agreement (Vivint Solar, Inc.), Involuntary Termination Protection Agreement (Vivint Solar, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 twenty-one (21) days within which to consider this Agreement; (c) Executive has 7 seven (7) days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 21-day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Executive acknowledges and understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received prior to the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 5 contracts

Samples: Transition Agreement and Release, Transition Agreement and Release (Blackline, Inc.), Transition Agreement and Release (Vital Therapies Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and agrees 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. Executive understands and acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive he has been advised by this writing that: (a) Executive he should consult with an attorney prior to executing this Agreement; (b) Executive he has 21 at least twenty-one (21) days within which to consider this Agreement; (c) Executive he has 7 at least seven (7) days following Executive’s the execution of this Agreement by the parties to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement Agreement, and all of the terms and conditions hereof, shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for from doing so, unless specifically authorized by federal law. 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 Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 5 contracts

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

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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 Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 [twenty-one (21)] days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has 7 seven business days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 [twenty-one (21)] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 5 contracts

Samples: Employment Agreement (CG Oncology, Inc.), Employment Agreement (CG Oncology, Inc.), Employment Agreement (CG Oncology, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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 Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has 7 days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 4 contracts

Samples: Employment Agreement (Homology Medicines, Inc.), Employment Agreement (Homology Medicines, Inc.), Employment Agreement (Homology Medicines, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 ("ADEA"), and that this waiver and release is knowing and voluntary. Executive understands and 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. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 twenty-one (21) days within which to consider this Agreement; (c) Executive has 7 seven (7) days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 21-day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Executive acknowledges and understands that revocation must be accomplished by a written notification to the undersigned Company representative that is received prior to the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 4 contracts

Samples: Retirement & Transition Agreement (InterDigital, Inc.), Retirement & Transition Agreement (InterDigital, Inc.), Retirement & Transition Agreement and Release (InterDigital, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Employee acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands Employee and agrees 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. Executive understands and Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive he has been advised by this writing that: that (a) Executive he should consult with an attorney prior to executing this Agreement; (b) Executive he has 21 at least twenty-one (21) days within which to consider this Agreement; (c) Executive he has 7 seven (7) days following Executive’s the execution of this Agreement by the parties to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive 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 Executive signs this Agreement Any revocation should be in writing and returns it delivered to at the Company in less than by close of business on the 21 seventh day period identified above, Executive hereby acknowledges from the date that Executive has freely and voluntarily chosen to waive the time period allotted for considering Employee signs this Agreement.

Appears in 4 contracts

Samples: Severance Benefits Agreement (Active Power Inc), Severance Benefits Agreement (Active Power Inc), Severance Benefits Agreement (Active Power Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and 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. Executive understands and acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: that (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has at least 21 days within which to consider this Agreement; (c) Executive has 7 days following Executive’s the execution of this Agreement by the parties to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall will not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns delivers it to the Company in less than the 21 21-day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.. Executive acknowledges and understands that revocation must be accomplished by a written notification to the Chief Executive Officer of the Company that is received prior to the Effective Date.]2

Appears in 4 contracts

Samples: Change of Control and Severance Agreement (Veracyte, Inc.), Change of Control and Severance Agreement (Veracyte, Inc.), Change of Control and Severance Agreement (Veracyte, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and 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. Executive understands and acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: that (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has at least 21 days within which to consider this Agreement; (c) Executive has 7 days following Executive’s the execution of this Agreement by the parties to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall will not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns delivers it to the Company in less than the 21 21-day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.. Executive acknowledges and understands that revocation must be accomplished by a written notification to the Chief Legal Officer of the Company that is received prior to the Effective Date.](2)

Appears in 4 contracts

Samples: Change of Control and Severance Agreement (Veracyte, Inc.), Change of Control and Severance Agreement (Veracyte, Inc.), Change of Control and Severance Agreement (Veracyte, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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 Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further acknowledges receipt of the disclosure set forth on Exhibit A and understands and acknowledges that Executive has been advised by this writing that: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 [21/45] days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has 7 business days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel [insert notice party] of the Company; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 [21/45] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 4 contracts

Samples: Employment Agreement (Homology Medicines, Inc.), Employment Agreement (Homology Medicines, Inc.), Employment Agreement (Homology Medicines, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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 Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has 7 seven business days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 4 contracts

Samples: Executive Employment Agreement (ATAI Life Sciences N.V.), Employment Agreement (ATAI Life Sciences B.V.), Employment Agreement (ATAI Life Sciences B.V.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date Time of this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 days within which to consider this Agreement; (c) Executive has 7 days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 4 contracts

Samples: Employment Agreement, Employment Agreement, Employment Agreement (Ensco PLC)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive he has been advised by this writing that: (a) Executive he should consult with an attorney prior to executing this Release Agreement; (b) Executive he has 21 twenty-one (21) days within which to consider and sign this Release Agreement; (c) Executive he has 7 seven (7) days following Executive’s his execution of this Release Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyRelease Agreement; (d) this Release Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Release Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Release Agreement and returns it to the Company in less than the 21 21-day period identified above, Executive hereby acknowledges that Executive he has freely and voluntarily chosen to waive the time period allotted for considering this Release Agreement. Executive acknowledges and understands that revocation must be accomplished by a written notification to the Company’s Corporate Secretary at 0000 Xxxxxxx Xxxxxx, Seattle, Washington, 98121, that is received prior to the Effective Date. The Parties agree that changes to this Agreement, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 3 contracts

Samples: Employment Agreement (Realnetworks Inc), Separation Agreement (Realnetworks Inc), Separation Agreement (Realnetworks Inc)

Acknowledgment of Waiver of Claims under ADEA. The Executive understands and acknowledges that the Executive is waiving and releasing any rights the Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. The Executive understands and 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. The Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which the Executive was already entitled. The Executive further understands and acknowledges that the Executive has been advised by this writing that: (a) the Executive should consult with an attorney prior to executing this Agreement; (b) the Executive has 21 days within which to consider this Agreement; (c) the Executive has 7 days following the Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel Secretary of the Company; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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. In the event the Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, the Executive hereby acknowledges that the Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 3 contracts

Samples: Employment Agreement (Surface Oncology, Inc.), Employment Agreement (Surface Oncology, Inc.), Separation Agreement (Radius Health, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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 Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has 7 seven business days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 21-day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 3 contracts

Samples: Employment Agreement (Omega Therapeutics, Inc.), Separation Agreement (Omega Therapeutics, Inc.), Transition and Separation Agreement (Latch, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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 Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 twenty-one (21) days within which to consider this Agreement; (c) Executive has 7 seven (7) days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 21-day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Executive acknowledges and understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received prior to the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 3 contracts

Samples: Separation Agreement and Release (Alx Oncology Holdings Inc), Separation Agreement (Talend S.A.), Separation Agreement (Pulse Biosciences, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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 Executive executes this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been is hereby advised by this writing that: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 [21/45] NTD: To be determined by the Company at the time of separation. days within which to consider this Agreement; (c) Executive has 7 days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 [21/45] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 3 contracts

Samples: Employment Agreement (Selecta Biosciences Inc), Employment Agreement (Selecta Biosciences Inc), Employment Agreement (Selecta Biosciences Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and 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. Executive understands and acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: that (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has at least 21 days within which to consider this Agreement; (c) Executive has 7 days following Executive’s the execution of this Agreement by the parties to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall will not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns delivers it to the Company in less than the 21 21-day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Executive acknowledges and understands that revocation must be accomplished by a written notification to the Chief Legal Officer of the Company that is received prior to the Effective Date.

Appears in 3 contracts

Samples: Change of Control and Severance Agreement (CareDx, Inc.), Change of Control and Severance Agreement (Audience Inc), Change of Control and Severance Agreement (Audience Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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 Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has 7 seven [business] days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Immuneering Corp), Employment Agreement (Immuneering Corp)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 ("ADEA"), and that this waiver and release is knowing and voluntary. Executive understands and 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. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive he has been advised by this writing that: (a) Executive he should consult with an attorney prior to executing this Agreement; (b) Executive he has 21 twenty-one (21) days within which to consider this Agreement; (c) Executive he has 7 seven (7) days following Executive’s his execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 21-day period identified above, Executive hereby acknowledges that Executive he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Executive acknowledges and understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received prior to the Effective Date. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 2 contracts

Samples: Separation Agreement (Aqua Metals, Inc.), Employment Agreement (Cypress Semiconductor Corp /De/)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and 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. Executive understands and acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: that (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has at least 21 days within which to consider this Agreement; (c) Executive has 7 days following Executive’s the execution of this Agreement by the parties to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall will not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns delivers it to the Company in less than the 21 21-day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.. Executive acknowledges and understands that revocation must be accomplished by a written notification to the Chief Legal Officer of the Company that is received prior to the Effective Date.]2

Appears in 2 contracts

Samples: Change of Control Severance Agreement (Cornerstone OnDemand Inc), Change of Control Severance Agreement (Cornerstone OnDemand Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Employee acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and Employee 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. Executive understands and Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive further understands and acknowledges that Executive has been Employee is advised by this writing that: (a) Executive should to consult with an attorney about this Agreement prior to executing this Agreement. Employee acknowledges (a) he has twenty-one (21) days from receipt of this Agreement to consider this Agreement; (b) Executive he has 21 seven (7) days within which to consider this Agreement; (c) Executive has 7 days following Executive’s after his execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (dc) this Agreement shall not be effective until after the revocation period has expired; and (ed) nothing in this Agreement prevents or precludes Executive 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. In the event Executive Employee signs this Agreement and returns it to the Company in less than the 21 21-day period identified above, Executive Employee hereby acknowledges that Executive he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Employee acknowledges and understands that revocation must be accomplished by a written notification to Xxxxxxx X. Xxxxxxxx, Chairman, President and Chief Executive Officer, that is received prior to the Effective Date.

Appears in 2 contracts

Samples: Retirement Agreement (Applied Materials Inc /De), Separation Agreement (Applied Materials Inc /De)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and EMPLOYEE acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and EMPLOYEE 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. Executive understands and EMPLOYEE acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive EMPLOYEE was already entitled. Executive EMPLOYEE further understands and acknowledges that Executive he has been advised by this writing that: (a) Executive he should consult with an attorney prior to executing this Agreement; (b) Executive he has 21 twenty-one (21) days within which to consider this Agreement; (c) Executive he has 7 seven (7) days following Executive’s his execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall will not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive 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. In the event Executive EMPLOYEE signs this Agreement and returns it to the Company COMPANY in less than the 21 21-day period identified above, Executive EMPLOYEE hereby acknowledges that Executive he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 2 contracts

Samples: Separation and Release Agreement (Ballantyne Strong, Inc.), Separation and Release Agreement (Ballantyne Strong, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive he has been advised by this writing that: (a) Executive he should consult with an attorney prior to executing this Agreement; (b) Executive he has 21 twenty-one (21) days within which to consider this Agreement; (c) Executive he has 7 seven (7) days following Executive’s his execution of this Agreement to revoke this Agreement pursuant to written notice to and agrees that any such revocation must be in a writing by email or federal express received by Xxxxxx Xxxxxxxxxx by midnight on the General Counsel seventh day following Executive’s execution of the Companythis Supplemental Release; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 21-day period identified above, Executive hereby acknowledges that Executive he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 2 contracts

Samples: Separation Agreement (Dolby Laboratories, Inc.), Separation Agreement (Dolby Laboratories, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 ("ADEA"), and that this waiver and release is knowing and voluntary. Executive understands and 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. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 twenty-one (21) days within which to consider this Agreement; (c) Executive has 7 seven (7) days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 21-day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Executive acknowledges and understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received prior to the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 2 contracts

Samples: Transition Agreement and Release (Telenav, Inc.), Separation Agreement (MINDBODY, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 days within which to consider this Agreement; (c) Executive has 7 days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel Secretary of the Company; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (BIND Therapeutics, Inc), Employment Agreement (BIND Therapeutics, Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and agrees 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. Executive understands and acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: that (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 at least [twenty-one (21)][forty-five (45)] days within which to consider this Agreement; (c) Executive has 7 seven (7) days following Executive’s the execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expiredexpired (provided Executive has not revoked this Agreement); and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In Any revocation should be in writing and delivered to [HR Contact Name] at the event Company by close of business on the seventh (7th) day from the date that Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 2 contracts

Samples: Change in Control Agreement (Angiodynamics Inc), Change in Control Agreement (Angiodynamics Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and agrees 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. , Executive understands and acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive he has been advised by this writing that: that (a) Executive he should consult with an attorney prior to executing this Agreement; (b) Executive he has 21 at least twenty-one (21) days within which to consider this Agreement; (c) Executive he has 7 seven (7) days following Executive’s the execution of this Agreement by the parties to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In Any revocation should be in writing and delivered to the event Vice-President of Human Resources at the Company by close of business on the seventh day from the date that Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (eHealth, Inc.), Employment Agreement (eHealth, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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 Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 twenty-one (21) days within which to consider this Agreement; (c) Executive has 7 seven (7) days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 21-day period identified above, Executive hereby acknowledges that Executive has freely knowingly and voluntarily chosen to waive the time period allotted for considering this Agreement. Executive acknowledges and understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received prior to the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 2 contracts

Samples: Separation Agreement (Ventyx Biosciences, Inc.), Separation Agreement (Viracta Therapeutics, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive should consult with an attorney prior to executing this Agreement; Agreement; (b) Executive has 21 days within which to consider this Agreement; Agreement; (c) Executive has 7 days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; Company; (d) this Agreement shall not be effective until after the revocation period has expired; expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 2 contracts

Samples: Executive Restrictive Covenant and Severance Agreement (Axalta Coating Systems Ltd.), Executive Restrictive Covenant and Severance Agreement (Axalta Coating Systems Ltd.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date date of this AgreementFinal Release. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive should consult with an attorney prior to executing this AgreementFinal Release; (b) Executive has 21 days within which to consider this AgreementFinal Release; (c) Executive has 7 seven days following Executive’s execution of this Agreement Final Release to revoke this Agreement Final Release pursuant to written notice to the General Counsel of the CompanyCompany in accordance with Section 7 of this Final Release; (d) this Agreement Final Release shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement Final Release prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement Final Release and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this AgreementFinal Release.

Appears in 2 contracts

Samples: Separation and Release Agreement (Axalta Coating Systems Ltd.), Separation and Release Agreement (Axalta Coating Systems Ltd.)

Acknowledgment of Waiver of Claims under ADEA. The Executive understands and acknowledges that the Executive is waiving and releasing any rights the Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. The Executive understands and 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 the Executive signs this Agreement. The Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which the Executive was already entitled. The Executive further understands and acknowledges that the Executive has been advised by this writing that: (a) the Executive should consult with an attorney prior to executing this Agreement; (b) the Executive has 21 days within which to consider this Agreement; (c) the Executive has 7 days following the Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel Secretary of the Company; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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. In the event the Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, the Executive hereby acknowledges that the Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 2 contracts

Samples: Separation Agreement (Radius Health, Inc.), Separation Agreement (Radius Health, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and agrees 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. Executive understands and acknowledges that the consideration given for this waiver and release Supplemental Agreement is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive he has been advised by this writing that: that (a) Executive he should consult with an attorney prior to executing this Supplemental Agreement; (b) Executive he has 21 at least twenty-one (21) days within which to consider this Supplemental Agreement; (c) Executive he has 7 seven (7) days following Executive’s the execution of this Supplemental Agreement by the parties to revoke this Agreement pursuant to written notice to the General Counsel of the CompanySupplemental Agreement; (d) this Supplemental Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Supplemental Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In Any revocation should be in writing and delivered to the event Senior Vice President of Human Resources at the Company by close of business on the seventh day from the date that Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Supplemental Agreement.

Appears in 2 contracts

Samples: Separation Agreement, Separation Agreement (Salesforce Com Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Employee acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 ("ADEA"), and that this waiver and release is knowing and voluntary. Executive understands and Employee 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. Executive understands and Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive he has been advised by this writing that: (a) Executive he should consult with an attorney prior to executing this Agreement; (b) Executive he has 21 twenty-one (21) days within which to consider this Agreement; (c) Executive he has 7 seven (7) days following Executive’s his execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall will not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive 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. In the event Executive Employee signs this Agreement and returns it to the Company in less than the 21 21-day period identified above, Executive Employee hereby acknowledges that Executive he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 2 contracts

Samples: Separation Agreement (Telenav, Inc.), Separation Agreement (Cavitation Technologies, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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 Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 had more than twenty-one (21) days from the date Executive first received a copy of this Agreement within which to consider this Agreement; (c) Executive has 7 seven (7) days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 21-day period identified above, Executive hereby acknowledges that Executive has freely knowingly and voluntarily chosen to waive the time period allotted for considering this Agreement. Executive acknowledges and understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received prior to the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 2 contracts

Samples: Transition Agreement and Release (LiveVox Holdings, Inc.), Transition Agreement and Release (Fluidigm Corp)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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 Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (athat:(a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has 7 seven business days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Omega Therapeutics, Inc.), Employment Agreement (Omega Therapeutics, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (the “ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 days within which to consider this Agreement; (c) Executive has 7 days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Lindblad Expeditions Holdings, Inc.), Employment Agreement (Lindblad Expeditions Holdings, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and 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. Executive understands and acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: that (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has at least 21 days within which to consider this Agreement; (c) Executive has 7 days following Executive’s the execution of this Agreement by the parties to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall will not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns delivers it to the Company in less than the 21 21-day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Executive acknowledges and understands that revocation must be accomplished by a written notification to the Chief Legal Officer of the Company that is received prior to the Effective Date.]

Appears in 2 contracts

Samples: Employment Agreement (Cornerstone OnDemand Inc), Executive Employment Agreement Addendum (Nextgen Healthcare, Inc.)

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Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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 Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 days within which to consider this Agreement; (c) Executive has 7 days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Lulu's Fashion Lounge Holdings, Inc.), Employment Agreement (Lulu's Fashion Lounge Holdings, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 [21] [45] days within which to consider this Agreement; (c) Executive has 7 days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel Chief Financial Officer of the Company; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 [21] [45] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Coupang, Inc.), Employment Agreement (Coupang, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Advisor acknowledges that Executive Advisor is waiving and releasing any rights Executive Advisor may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and Advisor 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 AgreementSupplemental Release. Executive understands and Advisor acknowledges that the consideration given for this waiver and release Supplemental Release is in addition to anything of value to which Executive Advisor was already entitled. Executive Advisor further understands and acknowledges that Executive Advisor has been advised by this writing that: that (a) Executive he should consult with an attorney prior to executing this AgreementSupplemental Release; (b) Executive Advisor has at least 21 days within which to consider this AgreementSupplemental Release; (c) Executive Advisor has 7 days following Executive’s the execution of this Agreement Supplemental Release by the parties to revoke this Agreement pursuant to written notice to the General Counsel of the CompanySupplemental Release; (d) this Agreement Supplemental Release shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement Supplemental Release prevents or precludes Executive Advisor 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 Executive Advisor signs this Agreement Supplemental Release and returns delivers it to the Company in less than the 21 21-day period identified above, Executive Advisor hereby acknowledges that Executive Advisor has freely and voluntarily chosen to waive the time period allotted for considering this AgreementSupplemental Release. Advisor acknowledges and understands that revocation must be accomplished by a written notification to the Chief Legal Officer of the Company that is received prior to the Effective Date of this Supplemental Release.

Appears in 2 contracts

Samples: Separation Agreement (Fusion-Io, Inc.), Separation Agreement (Fusion-Io, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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 Release Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive he has been advised by this writing that: (a) Executive he should consult with an attorney prior to executing this Release Agreement; (b) Executive he has 21 twenty-one (21) days within which to consider this Release Agreement; (c) Executive he has 7 seven (7) days following Executive’s his execution of this Release Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyRelease Agreement; (d) this Release Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Release Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Release Agreement and returns it to the Company Sierra Monitor in less than the 21 21-day period identified above, Executive hereby acknowledges that Executive he has freely and voluntarily chosen to waive the time period allotted for considering this Release Agreement. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 2 contracts

Samples: Transition Agreement (Sierra Monitor Corp /Ca/), Transition Agreement (Sierra Monitor Corp /Ca/)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and 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. Executive understands and acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive should consult with an attorney prior to executing this Agreement; ; (b) Executive has at least 21 days within which to consider this Agreement; ; (c) Executive has 7 days following Executive’s the execution of this Agreement by the parties to revoke this Agreement pursuant to written notice to the General Counsel of the Company; Agreement; (d) this Agreement shall will not be effective until after the revocation period has expired; and and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns delivers it to the Company in less than the 21 21-day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Executive acknowledges and understands that revocation must be accomplished by a written notification to the General Counsel of the Company that is received prior to the Effective Date.

Appears in 2 contracts

Samples: Separation Agreement (CareDx, Inc.), Separation Agreement (CareDx, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (the “ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 days within which to consider this Agreement; (c) Executive has 7 days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Lindblad Expeditions Holdings, Inc.), Employment Agreement (Lindblad Expeditions Holdings, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and 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. Executive understands and acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: that (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has at least 21 days within which to consider this Agreement; (c) Executive has 7 days following Executive’s the execution of this Agreement by the parties to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall will not be effective until after the revocation period has expired; expired and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns delivers it to the Company in less than the 21 21-day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Executive acknowledges and understands that revocation must be accomplished by a written notification to the General Counsel of the Company that is received prior to the Effective Date.

Appears in 2 contracts

Samples: Change of Control and Severance Agreement (CareDx, Inc.), Change of Control and Severance Agreement (CareDx, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date date of this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 days within which to consider this Agreement; (c) Executive has 7 seven days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyCompany in accordance with Section 12 of this Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 2 contracts

Samples: Separation and Release Agreement (Axalta Coating Systems Ltd.), Separation and Release Agreement (Axalta Coating Systems Ltd.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and 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. Executive understands and acknowledges that the consideration given for this waiver and release Release is in addition to anything of value to which Executive was already is entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: : (a) the release and waiver granted herein does not relate to claims under the ADEA which may arise after this Release is executed; (b) Executive should consult with an attorney prior to executing this Agreement; Release; (bc) Executive has 21 at least twenty-one (21) days within which to consider this Agreement; Release as it relates to claims under the ADEA, although Executive may accept the terms of this Release at any time within those 21 days and earlier execute this Release; (cd) Executive has 7 seven (7) days following Executive’s the execution of this Agreement Release to revoke this Agreement pursuant Release as it relates to written notice to claims under the General Counsel of the CompanyADEA; and (de) this Agreement shall This Release will not be effective as it relates to claims under the ADEA until after the revocation period has expired; , which will be the eighth day after this Release is executed by both Parties, and (e) nothing the severance payments described in the Employment Agreement will not be paid until this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement Release has become effective and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreementall statutory revocation periods have expired.

Appears in 2 contracts

Samples: Executive Employment Agreement (Thermogenesis Corp), Executive Employment Agreement (Thermogenesis Corp)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Employee acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and Employee 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. Executive understands and Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive he has been advised by this writing that: (a) Executive he should consult with an attorney prior to executing this Agreement; (b) Executive he has 21 twenty-one (21) days within which to consider this Agreement; (c) Executive he has 7 seven (7) days following Executive’s his execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall will not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive 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. In the event Executive Employee signs this Agreement and returns it to the Company in less than the 21 21-day period identified above, Executive Employee hereby acknowledges that Executive he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 2 contracts

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

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and 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 on which Executive executes this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been is hereby advised by this writing that: that (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 at least twenty-one (21) days within which to consider this Agreement; (c) Executive has 7 seven (7) days following Executive’s the execution of this Agreement by the parties to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall will not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns delivers it to the Company in less than the 21 day twenty-one (21)-day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Executive acknowledges and understands that revocation must be accomplished by a written notification to the Chief Legal Officer of the Company that is received prior to the Effective Date (as defined below).

Appears in 1 contract

Samples: Release of Claims (Nextgen Healthcare, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive he has been advised by this writing that: (a) Executive he should consult with an attorney prior to executing this Agreement; (b) Executive he has 21 twenty-one (21) days following the Separation Date within which to consider this Agreement; (c) Executive he has 7 seven (7) days following Executive’s his execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 21-day period identified above, Executive hereby acknowledges that Executive he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Executive acknowledges and understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received prior to the Effective Date. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 1 contract

Samples: Change in Control and Severance Agreement (A10 Networks, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and agrees 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. Executive understands and acknowledges that the consideration given for this waiver and release Release Agreement is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive he has been advised by this writing that: that (a) Executive he should consult with an attorney prior to executing this Release Agreement; (b) Executive he has 21 at least twenty-one (21) days within which to consider this Release Agreement; (c) Executive he has 7 seven (7) days following Executive’s the execution of this Release Agreement by the parties to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyRelease Agreement; (d) this Release Agreement shall not be effective until after the revocation period has expiredexpired without revocation; and (e) nothing in this Release Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In Any revocation should be in writing and delivered to the event Senior Vice-President of Human Resources at the Company by close of business on the seventh day from the date that Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Release Agreement.

Appears in 1 contract

Samples: Executive Transition Services Agreement (Coherent Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges You acknowledge that Executive is you are waiving and releasing any rights Executive you may have under the Age Discrimination in Employment Act of 1967 ("ADEA”), ") and that this waiver and release is knowing and voluntary. Executive understands You and agrees 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. Executive understands and acknowledges You acknowledge that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive was you were already entitled. Executive You further understands and acknowledges acknowledge that Executive has you have been advised by this writing that: (a) Executive you should consult with an attorney prior to executing this Agreement; you have at least twenty-one (b21) Executive has 21 days within which to consider this AgreementAgreement and, if you wish to execute this Agreement prior to expiration of such 21-day period, you should execute the Acknowledgement and Waiver attached hereto as Exhibit A; you have seven (c7) Executive has 7 days following Executive’s execution of the date that you sign this Agreement to revoke this Agreement pursuant to written notice the Agreement; provided, however, that any such revocation must be in writing and delivered to the Company's General Counsel of at the Company's principal office, by close of business on or before the seventh day from the date that you sign this Agreement; (d) this Agreement shall not be effective until the eighth day after the revocation period has expiredyou execute and do not revoke this Agreement; and (e) nothing in this Agreement prevents or precludes Executive 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 from doing so, unless specifically authorized by federal law. 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 Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 1 contract

Samples: Separation and General Release Agreement (Nektar Therapeutics)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Contractor acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and Contractor 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. Executive understands and Contractor acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive Contractor was already entitled. Executive Contractor further understands and acknowledges that Executive he has been advised by this writing that: (a) Executive he should consult with an attorney prior to executing this Agreement; (b) Executive he has 21 twenty-one (21) days within which to consider this Agreement; (c) Executive he has 7 seven (7) days following Executive’s the execution of this Agreement by the parties to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive Contractor 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 Executive Contractor signs this Agreement and returns it to the Company in less than the 21 21-day period identified above, Executive Contractor hereby acknowledges that Executive he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 1 contract

Samples: Separation Agreement (MultiCell Technologies, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees 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 AgreementRelease. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive he has been advised by this writing that: (a) Executive he should consult with an attorney prior to executing this AgreementRelease; (b) Executive he has 21 had twentyone (21) days within which to consider this AgreementRelease; (c) Executive he has 7 seven (7) days following Executive’s his execution of this Agreement Release to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyRelease; (d) this Agreement Release shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement Release prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement acknowledges and returns it understands that revocation must be accomplished by a written notification to the Company in less than General Counsel that is received prior to the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreementeffective date.

Appears in 1 contract

Samples: Separation Agreement (eHealth, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the SR Effective Date of this AgreementSupplemental Release. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive he has been advised by this writing that: (a) Executive he should consult with an attorney prior to executing this AgreementSupplemental Release; (b) Executive he has 21 twenty-one (21) days within which to consider this AgreementSupplemental Release; (c) Executive he has 7 seven (7) days following Executive’s his execution of this Agreement Supplemental Release to revoke this Agreement pursuant to written notice to the General Counsel of the CompanySupplemental Release; (d) this Agreement Supplemental Release shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement Supplemental Release prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement Supplemental Release and returns it to the Company in less than the 21 day twenty-one (21)-day period identified above, Executive hereby acknowledges that Executive he has freely and voluntarily chosen to waive the time period allotted for considering this AgreementSupplemental Release. Executive acknowledges and understands that revocation must be accomplished by a written notification to the person executing this Supplemental Release on the Company’s behalf that is received prior to the SR Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the twenty-one (21)-day period.

Appears in 1 contract

Samples: Separation Agreement (Applied Materials Inc /De)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Mx. Xxxxxxx acknowledges that Executive she is waiving and releasing any rights Executive she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands Mx. Xxxxxxx and agrees 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. Executive understands and Mx. Xxxxxxx acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive Mx. Xxxxxxx was already entitled. Executive Mx. Xxxxxxx further understands and acknowledges that Executive she has been advised by this writing that: that (a) Executive she should consult with an attorney prior to executing this Agreement; (b) Executive she has 21 at least twenty-one (21) days within which to consider this Agreement; (c) Executive she has 7 seven (7) days following Executive’s her execution of this Agreement to revoke this the Agreement pursuant to written notice to (the General Counsel of the Company; (d) this “Revocation Period”). This Agreement shall not be effective until after the revocation period Revocation Period has expired; and (e) nothing . Nothing in this Agreement prevents or precludes Executive Mx. Xxxxxxx 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 Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Aspect Communications Corp)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Supplemental Release Effective Date of this AgreementSupplemental Release. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive he has been advised by this writing that: (a) Executive he should consult with an attorney prior to executing this AgreementSupplemental Release; (b) Executive he has 21 had more than twenty-one (21) days within which to consider this AgreementSupplemental Release; (c) Executive he has 7 seven (7) days following Executive’s his execution of this Agreement Supplemental Release to revoke this Agreement pursuant to written notice to the General Counsel of the CompanySupplemental Release; (d) this Agreement Supplemental Release shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement Supplemental Release prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement acknowledges and returns it understands that revocation must be accomplished by a written notification to the Company in less than person executing this Supplemental Release on the 21 day period identified aboveCompany’s behalf that is received prior to the Supplemental Release Effective Date. The Parties agree that changes, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive whether material or immaterial, do not restart the time period allotted for considering this Agreementrunning of the twenty-one (21)-day period.

Appears in 1 contract

Samples: Separation Agreement (Applied Materials Inc /De)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive he has been advised by this writing that: (a) Executive he should consult with an attorney prior to executing this Agreement; (b) Executive he has 21 twenty-one (21) days within which to consider this Agreement; (c) Executive he has 7 seven (7) days following Executive’s his execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 21-day period identified above, Executive hereby acknowledges that Executive he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Executive acknowledges and understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received prior to the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 1 contract

Samples: Transition Agreement and Release (A10 Networks, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Employee acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and Employee 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. Executive understands and Employee acknowledges that a portion of the consideration given for this his waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive he has been advised by this writing that: (a) Executive he should consult with an attorney prior to executing this Agreement; (b) Executive he has 21 twenty-one (21) days within which to consider this Agreement; (c) Executive he has 7 seven (7) days following Executive’s his execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive 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. In the event Executive Employee signs this Agreement and returns it to the Company in less than the 21 21-day period identified above, Executive Employee hereby acknowledges that Executive he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Ikanos Communications)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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 Executive executes this AgreementRelease. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive he has been advised by this writing that: (a) Executive he should consult with an attorney prior to executing this AgreementRelease; (b) Executive he has 21 twenty-one (21) days within which to consider this AgreementRelease; (c) Executive he has 7 seven (7) days following Executive’s his execution of this Agreement Release to revoke this Agreement pursuant to written notice Release and may do so by writing to the Company’s Global General Counsel of the CompanyCounsel; (d) this Agreement Release shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement Release prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement Release and returns it to the Company in less than the 21 21-day period identified above, Executive hereby acknowledges that Executive he has freely and voluntarily chosen to waive the time period allotted for considering this AgreementRelease.

Appears in 1 contract

Samples: Separation Agreement (Mylan Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and agrees 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. Executive understands and acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive he has been advised by this writing that: (a) Executive he should consult with an attorney prior to executing this Agreement; ; (b) Executive he has 21 up to twenty-one (21) days within which to consider this Agreement; ; (c) Executive he has 7 seven (7) days following Executive’s his execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) and, nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In Any revocation should be in writing and delivered to Xxxxx Xxxxxxxx at 00000 Xxxxx Xx Xxxx Xxxx, Xxxxxxxxx, Xxxxxxxxxx 00000, by close of business on the event seventh day from the date that Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 1 contract

Samples: Severance Agreement (Portal Software Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 ("ADEA"), and that this waiver and release is knowing and voluntary. Executive understands and 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. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 twenty-one (21) days within which to consider this Agreement; (c) Executive has 7 seven (7) days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 21-day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Executive acknowledges and understands that revocation must be accomplished by a written notification to the undersigned Company representative that is received prior to the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period. 0.

Appears in 1 contract

Samples: Retirement Agreement

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Employee acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 ("ADEA"), and that this waiver and release is knowing and voluntary. Executive understands and Employee 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. Executive understands and Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive he has been advised by this writing that: (a) Executive he should consult with an attorney prior to executing this Agreement; (b) Executive he has 21 twenty-one (21) days within which to consider this Agreement; (c) Executive he has 7 seven (7) days following Executive’s his execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive 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. In the event Executive Employee signs this Agreement and returns it to the Company in less than the 21 21-day period identified above, Executive Employee hereby acknowledges that Executive he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 1 contract

Samples: Separation Agreement (A10 Networks, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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 Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 twenty-one (21) days within which to consider this Agreement; (c) Executive has 7 seven (7) days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 21-day period identified above, Executive hereby acknowledges that Executive has freely knowingly and voluntarily chosen to waive the time period allotted for considering this Agreement. Executive acknowledges and understands that revocation must be accomplished by a written notification to the undersigned Company representative that is received prior to the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 1 contract

Samples: Separation Agreement (ARCA Biopharma, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 days within which to consider this Agreement; (c) Executive has 7 seven days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyCompany in accordance with Section 12 of this Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 1 contract

Samples: Separation and Release Agreement (Axalta Coating Systems Ltd.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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 Executive executes this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been is hereby advised by this writing that: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 days within which to consider this Agreement; (c) Executive has 7 days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 1 contract

Samples: Separation Agreement and Release (Selecta Biosciences Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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 AgreementRelease. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive he has been advised by this writing that: (a) Executive he should consult with an attorney prior to executing this AgreementRelease; (b) Executive he has 21 twenty-one (21) days after his Separation Date within which to consider this AgreementRelease; (c) Executive he has 7 seven (7) days following Executive’s his execution of this Agreement Release to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyRelease; (d) this Agreement Release shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement Release prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement Release and returns it to the Company in less than the 21 21-day period identified above, Executive hereby acknowledges that Executive he has freely and voluntarily chosen to waive the time period allotted for considering this AgreementRelease. Executive acknowledges and understands that revocation must be accomplished by a written notification to the person executing this Release on the Company’s behalf that is received prior to the Effective Date. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 1 contract

Samples: Executive Severance Plan (Polycom Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees acknowledges 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. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive he has been advised by this writing that: (a) Executive he should consult with an attorney prior to executing this AgreementRelease; (b) Executive he has 21 twenty-one (21) days within which to consider this AgreementRelease; (c) Executive he has 7 seven (7) days following Executive’s his execution of this Agreement Release to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyRelease; (d) this Agreement Release shall not be effective until after the revocation period has expiredexpired and Executive will not receive the severance and other benefits provided by Section 3 of the Transition and Separation Agreement; and (e) nothing in this Agreement Release prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement Release and returns it to the Company Company’s General Counsel in less than the 21 21-day period identified above, Executive hereby acknowledges that Executive he has freely and voluntarily chosen to waive the time period allotted for considering this AgreementRelease. To revoke his acceptance of this Release, Executive must contact the Company’s General Counsel by email at xxxxxxxx@xxxxxxx.xxx no later than 5 p.m. on the 7th day following Executive’s signature of this Release.

Appears in 1 contract

Samples: Transition and Separation Agreement (Ardelyx, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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 Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 [21] days within which to consider this Agreement; (c) Executive has 7 days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 [21] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Lonestar Resources US Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and 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 on which Executive executes this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been is hereby advised by this writing that: that (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 at least twenty-one (21) days within which to consider this Agreement; (c) Executive has 7 seven (7) days following Executive’s the execution of this Agreement by the Parties to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall will not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns delivers it to the Company in less than the 21 day twenty-one (21)-day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Executive acknowledges and understands that revocation must be accomplished by a written notification to the Chief Legal Officer of the Company that is received prior to the Effective Date.

Appears in 1 contract

Samples: Separation Agreement (Ligand Pharmaceuticals Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive he has been advised by this writing that: (a) Executive he should consult with an attorney prior to executing this Agreement; (b) Executive he has 21 twenty-one (21) days within which to consider this Agreement; (c) Executive he has 7 seven (7) days following Executive’s his execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 twenty-one (21) day period identified above, Executive hereby acknowledges that Executive he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.Agreement.]1, 2

Appears in 1 contract

Samples: Change in Control and Severance Agreement (Realnetworks Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA’’), and that this waiver and release is knowing and voluntary. Executive understands and 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. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 days within which to consider this Agreement; (c) Executive has 7 days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Merus N.V.)

Acknowledgment of Waiver of Claims under ADEA. Subject to receipt of the payments set forth in Section 2(a) herein, Executive understands and acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 ("ADEA"), and that this waiver and release is knowing and voluntary. Executive understands and 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. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive he has been advised by this writing that: (a) Executive he should consult with an attorney prior to executing this Agreement; (b) Executive he has 21 twenty-one (21) days within which to consider this Agreement; (c) Executive he has 7 seven (7) days following Executive’s his execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 21-day period identified above, Executive hereby acknowledges that Executive he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Executive acknowledges and understands that revocation must be accomplished by a written notification to the Chairman of the Board of Directors that is received prior to the Effective Date.

Appears in 1 contract

Samples: Separation Agreement (Nuvectra Corp)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive he or she is waiving and releasing any rights Executive he or she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and agrees 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. , and Executive understands and acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive he or she has been advised by this writing that: that (a) Executive he or she should consult with an attorney prior to executing this Agreement, and is hereby advised to do so; (b) Executive he or she has 21 at least twenty-one (21) days within which to consider this Agreement; (c) Executive he or she has 7 seven (7) days following Executive’s the execution of this Agreement by the parties to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In Any revocation should be in writing and delivered to the event Chief People Officer at the Company by close of business on the seventh day from the date that Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 1 contract

Samples: Severance Agreement (eHealth, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Advisor acknowledges that Executive Advisor is waiving and releasing any rights Executive Advisor may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and Advisor 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 AgreementSupplemental Release. Executive understands and Advisor acknowledges that the consideration given for this waiver and release Supplemental Release is in addition to anything of value to which Executive Advisor was already entitled. Executive Advisor further understands and acknowledges that Executive Advisor has been advised by this writing that: that (a) Executive he should consult with an attorney prior to executing this AgreementSupplemental Release; (b) Executive Advisor has at least 21 days within which to consider this AgreementSupplemental Release; (c) Executive Advisor has 7 days following Executive’s the execution of this Agreement Supplemental Release by the parties to revoke this Agreement pursuant to written notice to the General Counsel of the CompanySupplemental Release; (d) this Agreement Supplemental Release shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement Supplemental Release prevents or precludes Executive Advisor 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 Executive Advisor signs this Agreement Supplemental Release and returns delivers it to the Company in less than the 21 21-day period identified above, Executive Advisor hereby acknowledges that Executive Advisor has freely and voluntarily chosen to waive the time period allotted for considering this AgreementSupplemental Release. Advisor acknowledges and understands that revocation must be accomplished by a written notification to the Chief Legal Officer of the Company that is received prior to the Effective Date.

Appears in 1 contract

Samples: Separation Agreement (Fusion-Io, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and agrees 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 Executive executes this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: that (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 at least twenty-one (21) days within which to consider this Agreement; (c) Executive has 7 seven (7) days following Executive’s the execution of this Agreement by the parties to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In Any revocation should be in writing and delivered to the event Vice-President, People at the Company by close of business on the seventh day from the date that Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 1 contract

Samples: Separation Agreement (GoPro, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and 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. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive he has been advised by this writing that: (a) Executive he should consult with an attorney prior to executing this Agreement; (b) Executive he has 21 twenty-one (21) days within which to consider this Agreement; (c) Executive he has 7 seven (7) days following Executive’s his execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 21-day period identified above, Executive hereby acknowledges that Executive he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 1 contract

Samples: Separation Agreement (Geeknet, Inc)

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