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

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

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Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she Employee is waiving and releasing any rights he/she Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”)) against the Releasees, and that this waiver and release is knowing and voluntary. 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. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she Employee has been advised by this writing that: (a) he/she Employee should consult with an attorney prior to executing this Agreement; (b) he/she Employee has twenty-one (21) days within which to consider this Agreement; (c) he/she Employee has seven (7) days following his/her Employee’s execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she Employee 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 undersigned Company representative that is received prior to the eighth day after Employee signs this AgreementEffective Date. The parties Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 7 contracts

Samples: Separation Agreement (Virpax Pharmaceuticals, Inc.), Separation Agreement (Virpax Pharmaceuticals, Inc.), Separation Agreement (Protara Therapeutics, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she Employee is waiving and releasing any rights he/she Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. 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. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she Employee has been advised by this writing that: (a) he/she Employee should consult with an attorney prior to executing this Agreement; (b) he/she Employee has twenty-one (21) days within which to consider this Agreement; (c) he/she Employee has seven (7) days following his/her Employee’s execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she Employee 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 eighth day after Employee signs this AgreementEffective Date. The parties Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 7 contracts

Samples: Employment Agreement (Forescout Technologies, Inc), Employment Agreement (Forescout Technologies, Inc), Employment Agreement (Forescout Technologies, Inc)

Acknowledgment of Waiver of Claims under ADEA. This section is only applicable to employees over the age of 40 on the Termination Date. Employee acknowledges that he/he or she is waiving and releasing any rights he/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. 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. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/he or she has been advised by this writing that: (a) he/he or she should consult with an attorney prior to executing this Agreement; (b) he/he or she has twenty-one (21) days within which to consider this Agreement; (c) he/he or she has seven (7) days following his/his or her execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/he or she 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 eighth day after Employee signs this Agreement. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 7 contracts

Samples: Employment Agreement (Kythera Biopharmaceuticals Inc), Employment Agreement (Kythera Biopharmaceuticals Inc), Employment Agreement (Kythera Biopharmaceuticals Inc)

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

Appears in 7 contracts

Samples: Transition Agreement and Release (Athira Pharma, Inc.), Transition Agreement and Release (NanoString Technologies Inc), Transition Agreement and Release (Inogen Inc)

Acknowledgment of Waiver of Claims under ADEA. [delete this entire paragraph if Employee is UNDER 40]. Employee acknowledges that he/she is waiving and releasing any rights he/she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she has been advised by this writing that: (a) he/she should consult with an attorney prior to executing this Agreement; (b) he/she has twenty-one (21) days within which to consider this Agreement; (c) he/she has seven (7) days following his/her execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she 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 eighth day after Employee signs this AgreementEffective 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: Employment Agreement (Inogen Inc), Employment Agreement (Inogen Inc), Employment Agreement (Inogen Inc)

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

Appears in 5 contracts

Samples: Executive Employment Agreement (Vivint Solar, Inc.), Executive Employment Agreement (Vivint Solar, Inc.), Executive Employment Agreement (Vivint Solar, Inc.)

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

Appears in 5 contracts

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

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 ("ADEA"), and that this waiver and release is knowing and voluntary. 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. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has twenty-one (21) days within which to consider this Agreement; (c) he/she he has seven (7) days following his/her his execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she 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 eighth day after Employee signs this AgreementEffective 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: Separation Agreement (Servicesource International, Inc.), Separation Agreement (Servicesource International, Inc.), Separation Agreement (Servicesource International, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee understands and acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. 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. Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further understands and acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has [twenty-one (21) 21)/forty-five (45)] days within which to consider this Agreement; (c) he/she he has seven (7) 7 days following his/her his execution of this Agreement to revoke this AgreementAgreement pursuant to written notice to the 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 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 Employee signs this Agreement and returns it to the Company in less than the 21[twenty-one (21)/forty-five (45)] day period identified above, Employee hereby acknowledges that he/she 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 eighth day after Employee signs this Agreement. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.]

Appears in 4 contracts

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

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she Employee is waiving and releasing any rights he/she Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. 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 date Employee signs this Agreement. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she Employee has been advised by this writing that: (a) he/she Employee should consult with an attorney prior to executing this Agreement; (b) he/she Employee has twenty-one (21) days within which to consider this Agreement; (c) he/she Employee has seven (7) days following his/her Employee’s execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she Employee has freely knowingly 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 eighth day after Employee signs this AgreementEffective Date. The parties Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 4 contracts

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

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she Employee is waiving and releasing any rights he/she Employee may have under the Age Discrimination in Employment Act of 1967 ("ADEA"), and that this waiver and release is knowing and voluntary. 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 date Employee signs this Agreement. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she Employee has been advised by this writing that: (a) he/she Employee should consult with an attorney prior to executing this Agreement; (b) he/she Employee has twenty-one (21) days within which to consider this Agreement; (c) he/she Employee has seven (7) days following his/her Employee’s execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she Employee 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 eighth day after Employee signs this AgreementEffective Date. The parties Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 4 contracts

Samples: Separation Agreement (Allakos Inc.), Separation Agreement (Cutera Inc), Separation Agreement (Allakos Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee understands and acknowledges that he/she Employee is waiving and releasing any rights he/she Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. 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. Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further understands and acknowledges that he/she Employee has been advised by this writing that: (a) he/she Employee should consult with an attorney prior to executing this Agreement; (b) he/she Employee has twenty-one (21) days within which to consider this Agreement; (c) he/she Employee has seven Seven (7) days following his/her Employee’s execution of this Agreement to revoke this AgreementAgreement pursuant to written notice to the 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 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 Employee signs this Agreement and returns it to the Company in less than the twenty-one (21-) day period identified above, Employee hereby acknowledges that he/she Employee 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 eighth day after Employee signs this Agreement. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 4 contracts

Samples: Employment Agreement (National Patent Development Corp), Employment Agreement (National Patent Development Corp), Employment Agreement (National Patent Development Corp)

Acknowledgment of Waiver of Claims under ADEA. Employee understands and acknowledges that he/she Employee is waiving and releasing any rights he/she Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. 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 date Employee executes this Agreement. Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further understands and acknowledges that he/she Employee has been advised by this writing that: (a) he/she Employee should consult with an attorney prior to executing this Agreement; (b) he/she Employee has twenty-one (21) 21 days within which to consider this Agreement; (c) he/she Employee has seven (7) 7 days following his/her Employee’s execution of this Agreement to revoke this AgreementAgreement pursuant to written notice to the 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-21 day period identified above, Employee hereby acknowledges that he/she Employee 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 eighth day after Employee signs this Agreement. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 3 contracts

Samples: Employment Agreement (Press Ganey Holdings, Inc.), Employment Agreement (PGA Holdings, Inc.), Employment Agreement (PGA Holdings, Inc.)

Acknowledgment of Waiver of Claims under ADEA. (<<delete this entire paragraph if Employee is UNDER 40>>). Employee acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 ("ADEA"), and that this waiver and release is knowing and voluntary. 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. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has twenty-one (21) days within which to consider this Agreement; (c) he/she he has seven (7) days following his/her his execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she 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 eighth day after Employee signs this AgreementEffective 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 3 contracts

Samples: Employment Agreement (Inogen Inc), Employment and Severance Agreement (Inogen Inc), Employment and Severance Agreement (Inogen Inc)

Acknowledgment of Waiver of Claims under ADEA. [The following provision to be included if Employee is at least 40 years of age:] Employee acknowledges that he/she is waiving and releasing any rights he/she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she has been advised by this writing that: (a) he/she should consult with an attorney prior to executing this Agreement; (b) he/she has twenty-one (21) days within which to consider this Agreement; (c) he/she has seven (7) days following his/her execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she 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 eighth day after Employee signs this Agreement. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day periodEffective Date.

Appears in 3 contracts

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

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. 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. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has twenty-one (21) days within which to consider this Agreement; (c) he/she he has seven (7) days following his/her his execution of this Agreement to revoke this the Agreement; (d) this Agreement shall not be effective until on the first day after the 7-day revocation period referred to above has expired, provided Employee has not revoked this Agreement during that time (the “Effective Date”); and (e) nothing in this Agreement prevents or precludes Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In the event Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she 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 eighth day after Employee signs this Agreement. 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 (Akesis Pharmaceuticals, Inc.), Separation Agreement (MultiCell Technologies, Inc.), Separation Agreement (Akesis Pharmaceuticals, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges You understand and acknowledge that he/she is waiving and releasing any rights he/she may have under the Age Discrimination in Employment Act of 1967 (“you ARE WAIVING AND RELEASING ANY RIGHTS YOU MAY HAVE UNDER THE ADEA”), and that this waiver and release is knowing and voluntary. Employee agrees You understand and 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 AgreementGeneral Release (and any separation or severance agreement that may accompany same, if any). Employee acknowledges You understand and acknowledge that the consideration given for this waiver and release is in addition to anything of value to which Employee was you were already entitled. Employee You further acknowledges understand and acknowledge that he/she has you have been advised by this writing that: (a) he/she you should consult with an attorney prior to executing this AgreementGeneral Release (and any separation or severance agreement that may accompany same, if any); (b) he/she has you have twenty-one (21) days within which to consider this Agreement or, if your employment ends as a result of a reduction in force, forty-five (45) days within which to consider this Agreement; (c) he/she has you have seven (7) days following his/her your execution of this Agreement General Release (and any separation or severance agreement that may accompany same, if any) to revoke this AgreementGeneral Release (and any separation or severance agreement that may accompany same, if any); (d) this Agreement General Release (and any separation or severance agreement that may accompany same, if any) shall not be effective until after the revocation period has expired; (e) in the event of a reduction in force, you have been advised of the eligibility factors and the time limits applicable and that you have been provided with information in writing about job titles and ages of all individuals eligible or selected for the program, a copy of which will be attached hereto; and (ef) nothing in this Agreement General Release (and any separation or severance agreement that may accompany same, if any) prevents or precludes Employee you from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee signs you sign this Agreement General Release (and returns any separation or severance agreement that may accompany same, if any) and return it to the Company Presidio Property Trust, Inc. in less than the 21-day period identified above, Employee or, if applicable because of a reduction in force, the 45-day period identified above, you hereby acknowledges acknowledge that he/she has you have freely and voluntarily chosen to waive the time period allotted for considering this AgreementGeneral Release (and any separation or severance agreement that may accompany same, if any). Employee acknowledges The undersigned represents and warrants that there has been no assignment or other transfer of any interest in any Claims which he may have against Releasees, or any of them, and the undersigned agrees to indemnify and hold Releasees, and each of them, harmless from any liability, Claims, demands, damages, costs, expenses and attorneys’ fees incurred by Releasees, or any of them, as the result of any such assignment or transfer or any rights or Claims under any such assignment or transfer. It is the intention of the parties that this indemnity does not require payment as a condition precedent to recovery by the Releasees against the undersigned under this indemnity. The undersigned agrees that if he hereafter commences any suit arising out of, based upon, or relating to any of the Claims released hereunder or in any manner asserts against Releasees, or any of them, any of the Claims released hereunder, then the undersigned agrees to pay to Releasees, and each of them, in addition to any other damages caused to Releasees thereby, all attorneys’ fees incurred by Releasees in defending or otherwise responding to said suit or Claims. The undersigned further understands and agrees that revocation must neither the payment of any sum of money nor the execution of this Release shall constitute or be accomplished construed as an admission of any liability whatsoever by a written notification the Releasees, or any of them, who have consistently taken the position that they have no liability whatsoever to the person executing undersigned. For the avoidance of doubt, notwithstanding any other provision in this Agreement on Release, and consistent with Rule 21F-17 of the Company’s behalf that is received prior to the eighth day after Employee signs Securities Exchange Act of 1934, any confidentiality and non-disclosure provisions in this Agreement. The parties agree that changes, whether material or immaterial, Release do not restart prohibit or restrict the running undersigned (or the undersigned’s attorney) from: initiating communications directly with, or responding to any inquiry from, or providing testimony before, the U.S. Securities and Exchange Commission, NASD/FINRA, any other self-regulatory organization, any other state or federal regulatory authority or pursuant to court or administrative proceedings. In broadest terms, nothing herein is intended to impede any governmental investigation, the undersigned’s ability to report potential violations of the 21-day periodfederal and state securities laws or the undersigned’s participation in any whistleblower rewards program.

Appears in 3 contracts

Samples: Employment Agreement (Presidio Property Trust, Inc.), Employment Agreement (Presidio Property Trust, Inc.), Employment Agreement (Presidio Property Trust, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee Executive acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Employee Executive agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Employee Executive acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee Executive was already entitled. Employee Executive further acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has twenty-one (21) days within which to consider this Agreement; (c) he/she he has seven (7) days following his/her his execution of this Agreement to revoke 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 Employee Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee Executive signs this Agreement and returns it to the Company in less than the 21twenty-day one (21)-day period identified above, Employee Executive hereby acknowledges that he/she he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Employee 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 eighth day after Employee signs this AgreementEffective Date. The parties Parties agree that changes, whether material or immaterial, do not restart the running of the 21twenty-day one (21)-day period.

Appears in 3 contracts

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

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

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. 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. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has twenty-one (21) days within which to consider this Agreement; (c) he/she he has seven (7) days following his/her his execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21twenty-day one (21)-day period identified above, Employee hereby acknowledges that he/she 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 eighth day after Employee signs this AgreementEffective Date. The parties Parties agree that changes, whether material or immaterial, do not restart the running of the 21twenty-day one (21)-day period.

Appears in 2 contracts

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

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she Employee is waiving and releasing any rights he/she Employee may have under the Age Discrimination in Employment Act of 1967 ("ADEA"), and that this waiver and release is knowing and voluntary. 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. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she Employee has been advised by this writing that: (a) he/she Employee should consult with an attorney prior to executing this Agreement; (b) he/she Employee has twenty-one (21) days within which to consider this Agreement; (c) he/she Employee has seven (7) days following his/her Employee’s execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she Employee 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 undersigned Company representative that is received prior to the eighth day after Employee signs this AgreementEffective Date. The parties 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 (Outlook Therapeutics, Inc.), Separation Agreement (Oncobiologics, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 ("ADEA"), and that this waiver and release is knowing and voluntary. 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. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has twenty-one (21) days within which to consider this Agreement; (c) he/she he has seven (7) days following his/her his execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she 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 's behalf that is received prior to the eighth day after Employee signs this AgreementEffective 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: Release Agreement (Mattson Technology Inc), Transition Agreement and Release (Mattson Technology Inc)

Acknowledgment of Waiver of Claims under ADEA. Employee Executive acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Employee agrees Executive 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. Employee Executive acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee Executive was already entitled. Employee Executive further acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this AgreementRelease; (b) he/she he has twenty-one (21) days within which to consider this AgreementRelease; (c) he/she he has seven (7) days following his/her his execution of this Agreement Release to revoke this AgreementRelease; (d) this Agreement Release shall not be effective until after the revocation period has expired and Executive will not receive the severance and other benefits provided by Section 2 of the Transition and Separation Agreement unless and until the revocation period has expired; and (e) nothing in this Agreement Release prevents or precludes Employee Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee Executive signs this Agreement Release and returns it to the Company Company’s General Counsel in less than the 21-day period identified above, Employee Executive hereby acknowledges that he/she he has freely and voluntarily chosen to waive the time period allotted for considering this AgreementRelease. Employee acknowledges and understands that revocation To revoke his acceptance of this Release, Executive must be accomplished by a written notification to the person executing this Agreement on contact the Company’s behalf that is received prior to General Counsel by email at xxxxxxxx@xxxxxxx.xxx no later than 5 p.m. on the eighth 7th day after Employee signs following Executive’s signature of this Agreement. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day periodRelease.

Appears in 2 contracts

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

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she Employee is waiving and releasing any rights he/she Employee may have under the Age Discrimination in Employment Act of 1967 (“OWBPA and the ADEA”), and that this waiver and release is knowing and voluntary. 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. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she Employee has been advised by this writing that: that (a) he/she Employee should consult with an attorney prior to executing this Agreement; (b) he/she Employee has twenty-one (21) calendar days within which to consider this AgreementAgreement and that, if Employee executed this Agreement before expiration of that twenty-one (21) calendar day period, Employee did so knowingly and voluntarily and with the intent of waiving Employee’s right to utilize the full twenty-one (21) calendar day consideration period; (c) he/she Employee has seven (7) days following his/her Employee’s execution of this Agreement to revoke this Agreement; the Agreement (d) this the “Revocation Period”). Communication of any such revocation by Employee to the Company shall be provided in writing and mailed by certified or registered mail with return receipt requested and shall be addressed to the Company at its principal corporate offices to the attention of the Company’s CEO, Xxxxx Xxxxxxx. This Agreement shall not be effective until after the Revocation Period has expired without any revocation period has expired; and (e) nothing in this Agreement prevents or precludes Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she 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 eighth day after Employee signs this Agreement. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day periodhaving been communicated.

Appears in 2 contracts

Samples: Separation and Release Agreement (Gemphire Therapeutics Inc.), Separation and Release Agreement (Gemphire Therapeutics Inc.)

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

Appears in 2 contracts

Samples: Retention Agreement (Vivus Inc), Retention Agreement (Vivus Inc)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she Employee is waiving and releasing any rights he/she Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. 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. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she Employee has been advised by this writing that: (a) he/she Employee should consult with an attorney prior to executing this Agreement; (b) he/she Employee has twenty-one (21) days within which to consider this Agreement; (c) he/she Employee has seven (7) days following his/her Employee’s execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she Employee 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 eighth day after Employee signs this 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 (Okta, Inc.), Separation Agreement and Release (Okta, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 ("ADEA"), and that this waiver and release is knowing and voluntary. 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. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has twenty-one (21) days within which to consider this Agreement; (c) he/she he has seven (7) days following his/her his execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she 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 Chief Executive Officer that is received prior to the eighth day after Employee signs no later than seven (7) days following his execution of this Agreement. The parties Parties agree that changesany changes to this Agreement, whether material or immaterial, do not restart the running of the 21-21- day consideration period.

Appears in 2 contracts

Samples: Separation Agreement (Active Power Inc), Separation Agreement (Active Power Inc)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. 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. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has twenty-one (21) days within which to consider this Agreement; (c) he/she he has seven (7) days following his/her his execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. , but Employee acknowledges and understands that shall retain the rights herein during the 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 eighth day after Employee signs this 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: Separation Agreement (Bubblr Inc.), Separation Agreement (Bubblr Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee understands and acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. 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. Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further understands and acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has twenty-one (21) at least 21 days within which to consider this Agreement; (c) he/she he has seven (7) 7 days following his/her his execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she 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 eighth day after Employee signs this 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: Employment Agreement, Employment Agreement (Pivotal Acquisition Corp)

Acknowledgment of Waiver of Claims under ADEA. Employee understands and acknowledges that he/she is waiving and releasing any rights he/she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Employee 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. Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further understands and acknowledges that he/she has been advised by this writing that: (a) he/she should consult with an attorney prior to executing this Agreement; (b) he/she has twenty-one (21) at least 21 days within which to consider this Agreement; (c) he/she has seven (7) 7 days following his/her execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she 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 eighth day after Employee signs this 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: Employment Agreement (NBTY Florida, Inc.), Employment Agreement (Nbty Inc)

Acknowledgment of Waiver of Claims under ADEA. Employee understands and acknowledges that he/she Employee is waiving and releasing any rights he/she Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. 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. Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further understands and acknowledges that he/she Employee has been advised by this writing that: (a) he/she Employee should consult with an attorney prior to executing this Agreement; (b) he/she Employee has twenty-one (21) days within which to consider this Agreement; (c) he/she Employee has seven (7) days following his/her Employee’s execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she Employee 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 eighth day after Employee signs this AgreementEffective Date. The parties 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 (Inogen Inc), Transition Agreement and Release (Inogen Inc)

Acknowledgment of Waiver of Claims under ADEA. Employee understands and acknowledges that he/she Employee is waiving and releasing any rights he/she Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. 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. Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further understands and acknowledges that he/she Employee has been advised by this writing that: (a) he/she Employee should consult with an attorney prior to executing this Agreement; (b) he/she Employee has twenty-one (21) 21 days within which to consider this Agreement; (c) he/she Employee has seven (7) 7 days following his/her Employee’s execution of this Agreement to revoke this AgreementAgreement pursuant to written notice delivered to the Company (attention of Xxxx Xxxxxxx, Executive Vice President and Chief Legal Officer of the Company at the following address: Wesco Aircraft, 00000 Xxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxxxxxxx 91355); (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee signs this Agreement and returns it to the Company in less than the 21-21 day period identified above, Employee hereby acknowledges that he/she Employee has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. In the event 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 eighth day after Employee signs revokes this Agreement. The parties agree that changes, whether material or immaterial, do not restart the running Employee will receive none of the 21-day periodpayments and benefits provided under Section 3 hereof and Section 3 shall not apply; however, the provisions of Sections 1 and 2 hereof shall remain in effect.

Appears in 2 contracts

Samples: Separation Agreement (Wesco Aircraft Holdings, Inc), Separation Agreement (Wesco Aircraft Holdings, Inc)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges You acknowledge that he/she is you are waiving and releasing any rights he/she you may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Employee agrees You and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Employee acknowledges You acknowledge that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was you were already entitled. Employee You further acknowledges acknowledge that he/she has you have been advised by this writing that: : (a) he/she you should consult with an attorney prior to executing this Agreement; ; (b) he/she has you have at least twenty-one (21) days within which to consider this Agreement; Agreement 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; (c) he/she has you have seven (7) days following his/her execution of the date that you sign this Agreement to revoke the Agreement; provided, however, that any such revocation must be in writing and delivered to the Company’s General Counsel 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 and (e) nothing in this Agreement prevents or precludes Employee you from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for from doing so, unless specifically authorized by federal law. In the event Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she 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 eighth day after Employee signs this 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: Bonus and General Release Agreement (Nektar Therapeutics), Separation and General Release Agreement (Nektar Therapeutics)

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

Acknowledgment of Waiver of Claims under ADEA. Employee understands and acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. 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. Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further understands and acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has twenty-one (21) days within which to consider this Agreement; (c) he/she he has seven (7) days following his/her his execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she 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 eighth day after Employee signs this 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: Separation Agreement (Fabrinet), Separation Agreement (Fabrinet)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. 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. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she Employee has been advised by this writing that: (a) he/she Employee should consult with an attorney prior to executing this Agreement; (b) he/she Employee has twenty-one (21) 21 days within which to consider this Agreement; (c) he/she Employee has seven (7) 7 days following his/her his execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she Employee 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 eighth day after Employee signs this AgreementEffective 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, Separation and General Release Agreement (Appdynamics Inc), Transition, Separation and General Release Agreement (Appdynamics Inc)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she Employee is waiving and releasing any rights he/she Employee may have under the Age Discrimination in Employment Act of 1967 ("ADEA"), and that this waiver and release is knowing and voluntary. 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 date Employee signs this Agreement. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she Employee has been advised by this writing that: (a) he/she Employee should consult with an attorney prior to executing this Agreement; (b) he/she Employee has twenty-one (21) days within which to consider this Agreement; (c) he/she Employee has seven (7) days following his/her Employee’s execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she Employee has freely knowingly 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 eighth day after Employee signs this AgreementEffective Date. The parties 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 (Pacific Biosciences of California, Inc.), Separation Agreement (SmartRent, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee understands and acknowledges that he/she is waiving and releasing any rights he/she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Employee 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. Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further understands and acknowledges that he/she has been advised by this writing that: (a) he/she should consult with an attorney prior to executing this Agreement; (b) he/she has twenty-one (21) 21 days within which to consider this Agreement; (c) he/she has seven (7) 7 days following his/her execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-21 day period identified above, Employee hereby acknowledges that he/she 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 eighth day after Employee signs 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: Employment Agreement (CoreSite Realty Corp)

Acknowledgment of Waiver of Claims under ADEA. Employee Executive acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 ("ADEA"), and that this waiver and release is knowing and voluntary. Employee agrees Executive 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 Agreement. Employee Executive acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee Executive was already entitled. Employee Executive further acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has twenty-one (21) days within which to consider this Agreement; (c) he/she he has seven (7) days following his/her execution of this Agreement to revoke 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 Employee Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee Executive signs this Agreement and returns it to the Company Sxxxxxx Xxxxx, Vice President, Human Resources, in less than the 21-day period identified above, Employee Executive hereby acknowledges that he/she he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Employee acknowledges and understands that revocation To revoke his acceptance of this Agreement, Executive must be accomplished contact Sxxxxxx Xxxxx, by a written notification to the person executing this Agreement email at sxxxxxx.xxxxx@xxxxxxxxxxxxxxxx.xxx no later than 5 p.m. on the Company7th day following Executive’s behalf that is received prior to the eighth day after Employee signs signature of 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 (Avalanche Biotechnologies, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee Executive understands and acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Employee Executive 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. Employee Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee Executive was already entitled. Employee Executive further understands and, acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has twenty-one (21) 45 days within which to consider this Agreement; (c) he/she he has seven (7) 7 days following his/her his execution of this Agreement to revoke this Agreement, which he may do by providing written notice of revocation to Company as provided in Section 21 of the Employment Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Employee Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee Executive signs this Agreement and returns it to the Company in less than the 21-45 day period identified above, Employee Executive hereby acknowledges that he/she he has freely and voluntarily chosen to waive the complete 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 eighth day after Employee signs 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: Employment Agreement (SAILFISH ENERGY HOLDINGS Corp)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she Employee is waiving and releasing any rights he/she Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. 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 date Employee signs this Agreement. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she Employee has been advised by this writing that: (a) he/she Employee should consult with an attorney prior to executing this Agreement; (b) he/she Employee has twenty-one (21) days within which to consider this Agreement; (c) he/she Employee has seven (7) days following his/her Employee’s execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she Employee 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 eighth day after Employee signs this AgreementEffective Date. The parties 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 (Aurora Innovation, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee understands and acknowledges that he/she is waiving and releasing any rights he/she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Employee 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. Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further understands and acknowledges that he/she has been advised by this writing that: (a) he/she should consult with an attorney prior to executing this Agreement; (b) he/she has [twenty-one (21) 21)]† days within which to consider this Agreement; (c) he/she has seven (7) 7 days following his/her his execution of this Agreement to revoke this AgreementAgreement pursuant to written notice to the 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 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 Employee signs this Agreement and returns it to the Company in less than the [twenty-one (21-)] day period identified above, Employee hereby acknowledges that he/she 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 eighth day after Employee signs 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: Employment Agreement (YogaWorks, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee The Executive understands and acknowledges that he/she is waiving and releasing any rights he/she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Employee 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 she signs this Agreement. Employee The Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee the Executive was already entitled. Employee The Executive further understands and acknowledges that he/she has been advised by this writing that: (a) he/she should consult with an attorney prior to executing this Agreement; (b) he/she has twenty-one (21) days within which to consider this Agreement; (c) he/she has seven (7) days following his/her execution of this Agreement to revoke this AgreementAgreement (the “Revocation Period”) by delivering written notification during the Revocation Period to the Chief Executive Officer of the Company; and (d) this Agreement shall not be effective until after the revocation period Revocation Period has expired; and expired (e) nothing in this Agreement prevents or precludes Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law“Effective Date”). In the event Employee signs the Executive chooses to sign this Agreement and returns it to the Company in less than the 21-day consideration period identified above, Employee the Executive hereby acknowledges that he/she 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 Moreover, should the Executive exercise her right to the person executing revoke this Agreement on before expiration of the Revocation Period, the entire Agreement shall become null and void, and neither she, nor the Company’s behalf , will have any rights or obligations under it. In the event that is received prior the Executive does not exercise her right to revoke this Agreement during the eighth day after Employee signs Revocation Period, this Agreement. The parties agree that changes, whether material or immaterial, do not restart Agreement will become effective upon the running expiration of the 21-day periodRevocation Period (the “Effective Date”).

Appears in 1 contract

Samples: Executive Retirement Agreement (CYS Investments, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she is waiving and releasing any rights he/she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ADEA and that this waiver and release is knowing and voluntary. Employee agrees and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she has been advised by this writing that: (a) he/she : a. She should consult with an attorney prior to executing this Agreement; (b) he/she ; b. She has twenty-one (21) days from the later of (i) the date she was presented with this Agreement or (ii) her Separation Date within which to consider this Agreement; (c) he/she Agreement before executing it and delivering it to the Company; c. She has seven (7) days following his/her execution of this Agreement to revoke this Agreement; (d) this ; d. This Agreement shall not be effective until after the revocation period has expired; and (e) nothing ; e. Nothing in this Agreement prevents or precludes Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee signs this Agreement and returns it to the Company in less than the applicable 21-day period identified above, Employee hereby acknowledges that he/she has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. If Employee acknowledges and understands that revocation must be accomplished by a written notification to the person executing revokes this Agreement on within the Company’s behalf that is received prior to applicable seven (7)-day revocation period, this Agreement shall not be effective or enforceable, and Employee will not receive the eighth day after Employee signs items of consideration for this Agreement. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day periodAgreement set forth in section 2 above.

Appears in 1 contract

Samples: Separation Agreement (SJW Corp)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 (“ADEA’’), and that this waiver and release is knowing and voluntary. 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. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has twenty-one (21) days within which to consider this Agreement; (c) he/she he has seven (7) days following his/her his execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21twenty-day one (21)-day period identified above, Employee hereby acknowledges that he/she 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 eighth day after Employee signs this AgreementEffective Date. The parties Parties agree that changes, whether material or immaterial, do not restart the running of the 21twenty-day one (21)-day period.

Appears in 1 contract

Samples: Separation Agreement (TrueCar, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee Consultant understands and acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Employee Consultant 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. Employee Consultant understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee Consultant was already entitled. Employee Consultant further understands and acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has twenty-one (21) days within which to consider this Agreement; (c) he/she he has seven (7) days following his/her his execution of this Agreement to revoke this Agreement; and (de) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee Consultant signs this Agreement and returns it to the Company in less than the twenty-one (21-) day period identified above, Employee Consultant hereby acknowledges that he/she 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 If Consultant desires to revoke this Agreement, he can do so by a written notification to the person executing this Agreement on the Company’s behalf that is providing notice (together with any consideration received hereunder prior to the eighth day after Employee signs this Agreement. The parties agree that changessuch date) to Jxxxxx XxXxxxx, whether material or immaterialChief Financial Officer, do not restart the running of the 21-day periodat: 4000 Xxxxxxxxx Xxxx, Xxxxx 000, Xxxxxxxxxxxx, XX 00000.

Appears in 1 contract

Samples: Release Agreement (FNDS3000 Corp)

Acknowledgment of Waiver of Claims under ADEA. Employee Executive acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Employee agrees Executive and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date effective date of this Agreement. Employee Executive acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee Executive was already entitled. Employee Executive further acknowledges that he/she he has been advised by this writing that: that (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has at least twenty-one (21) days within which to consider this AgreementAgreement and if he takes fewer than the 21 days to review this Agreement he is thereby waiving any and all rights to the balance of the 21 day period; (c) he/she pursuant to the ADEA he has at least seven (7) days following his/her the execution of this Agreement by the parties to revoke the Agreement by providing written notice of revocation to the Company and returning any and all consideration received under this Agreement, in which case the Agreement becomes null and void; and (d) this Agreement shall not be effective until after the seven day revocation period has expired. Executive further acknowledges that the only consideration for signing this Agreement is the terms stated in this Agreement, and that no other promise or agreements of any kind have been made to or with him by any person or entity whatsoever to cause him to sign this Agreement; that he is competent to execute this Agreement; that the consideration received for executing this Agreement is greater than that ordinarily provided by the Company under any severance plan, policy or practice; and (e) nothing in this Agreement prevents or precludes Employee from challenging or seeking a determination in good faith that Executive fully understands the meaning and intent 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 Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Employee acknowledges It is understood and understands agreed that revocation must be accomplished by a written notification to the person executing this Agreement on shall not be effective or enforceable for a period of seven (7) days following the signing of the Agreement (the “Effective Date”) and that Executive may revoke the Agreement for any reason during that period by written notice actually received during that time by the Company’s behalf . It is further understood that is received prior to no payment shall be made in accordance with this Agreement until after the eighth day after Employee signs this Agreement. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day periodEffective Date.

Appears in 1 contract

Samples: Settlement Agreement (Blockchain Industries, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee The undersigned understands and acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Employee The undersigned 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. Employee The undersigned understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee the undersigned was already entitled. Employee The undersigned further understands and acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this AgreementRelease; (b) he/she he has twenty-one (21) 21 days within which to consider this AgreementRelease; (c) he/she he has seven (7) 7 days following his/her his execution of this Agreement Release to revoke this AgreementRelease; (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 Employee the undersigned 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 Employee the undersigned signs this Agreement Release and returns it to the Company in less than the 21-21 day period identified above, Employee the undersigned hereby acknowledges that he/she 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 eighth day after Employee signs this Agreement. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day periodRelease.

Appears in 1 contract

Samples: Consulting and Separation Agreement (CoreSite Realty Corp)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 ("ADEA”), ") and that this waiver and release is knowing and voluntary. Employee agrees and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this AgreementDate. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she he has consulted with an attorney with respect to this Agreement and that he has been advised by this writing that: that (ai) he/she should consult with an attorney prior to executing he has at least 21 days from the date he receives this Agreement; (b) he/she has twenty-one (21) days Agreement within which to consider this Agreement; (cii) he/she he has at least seven (7) days following his/her the execution of this Agreement by the Parties to revoke the Agreement; and (iii) with the exception of the payment obligations provided in subsection 2(a)(i), which obligations are effective upon full execution of this Agreement; (d) , this Agreement shall not be effective until after the revocation period has expired; . Any revocation should be in writing and (e) nothing in this Agreement prevents or precludes Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEAdelivered by certified mail, nor does it impose any condition precedent, penaltiesovernight delivery, or costs for doing sootherwise with return receipt, unless specifically authorized by federal lawto P. Xxxxxx Xxxx, Esq. In the event Employee signs this Agreement and returns it to at the Company in less than by the 21-close of business on the seventh day period identified above, from the date that Employee hereby acknowledges that he/she has freely and voluntarily chosen to waive the time period allotted for considering signed this Agreement. Employee acknowledges and understands that revocation must be accomplished by a written notification that, although Employee has 21 days to consider the person executing this Agreement on Agreement, Employee may accept the Company’s behalf that is received prior to the eighth day after Employee signs this Agreement. The parties agree that changes, whether material or immaterial, do not restart the running terms of the 21-day periodAgreement at any time within those 21 days, and such acceptance shall be deemed effective upon execution and delivery hereof by Employee.

Appears in 1 contract

Samples: Separation Agreement (Insight Enterprises Inc)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 ("ADEA"), and that this waiver and release is knowing and voluntary. 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. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has twenty-one (21) 21 days within which to consider this Agreement; (c) he/she he has seven (7) days following his/her his execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she 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 eighth day after Employee signs this AgreementEffective Date. The parties 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 (TrueCar, Inc.)

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

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she Employee is waiving and releasing any rights he/she Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. 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. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she Employee has been advised by this writing that: (a) he/she Employee should consult with an attorney prior to executing this Agreement; (b) he/she Employee has twenty-one (21) days within which to consider this Agreement; (c) he/she Employee has seven (7) days following his/her Employee’s execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she Employee 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 undersigned Company representative that is received prior to the eighth day after Employee signs this AgreementEffective Date. The parties 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 (Arcellx, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee Consultant understands and acknowledges that he/she Consultant is waiving and releasing any rights he/she Consultant may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Employee Consultant 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. Employee Consultant understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee Consultant was already entitled. Employee Consultant further understands and acknowledges that he/she Consultant has been advised by this writing that: (a) he/she Consultant should consult with an attorney prior to executing this Agreement; (b) he/she Consultant has twenty-one (21) 21 days within which to consider this Agreement; (c) he/she Consultant has seven (7) 7 days following his/her Consultant’s execution of this Agreement to revoke this AgreementAgreement pursuant to written notice to the 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 Employee Consultant from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee Consultant signs this Agreement and returns it to the Company in less than the 21-21 day period identified above, Employee Consultant hereby acknowledges that he/she Consultant 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 eighth day after Employee signs 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: Employment Agreement (BIND Therapeutics, Inc)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. 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. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has twenty-one (21) days within which to consider this Agreement; (c) he/she he has seven (7) days following his/her his execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she 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 Xxx Xxxxx, Chairman, M-Wave, Inc. 0000 Xxxxxxx Xxxxxx Itasca, Illinois 60143, that is received prior to the eighth day after Employee signs this AgreementEffective Date. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.CONFIDENTIAL

Appears in 1 contract

Samples: Separation Agreement (M Wave Inc)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she is waiving and releasing any rights he/she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she has been advised by this writing that: (a) he/she should consult with an attorney prior to executing this Agreement; (b) he/she has twenty-one (21) days within which to consider this Agreement; (c) he/she has seven (7) days following his/her execution of this Agreement to revoke this Agreement; (d) this Agreement shall will not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee signs this Agreement and returns it to the Company Corporation in less than the 21-day period identified above, Employee hereby acknowledges that he/she 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 CompanyCorporation’s behalf that is received prior to the eighth day after Employee signs this AgreementEffective Date. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.] [To be deleted if Employee is under age 40.]

Appears in 1 contract

Samples: Change of Control Agreement (Quantum Corp /De/)

Acknowledgment of Waiver of Claims under ADEA. Employee understands and acknowledges that he/she is waiving and releasing any rights he/she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Employee 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. Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further understands and acknowledges that he/she has been advised by this writing that: (a) he/she should consult with an attorney prior to executing this Agreement; (b) he/she has twenty-one (21) days within which to consider this Agreement; (c) he/she has seven (7) 7 days following his/her execution of this Agreement to revoke this AgreementAgreement pursuant to written notice to the 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 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 Employee signs this Agreement and returns it to the Company in less than the twenty-one (21-) day period identified above, Employee hereby acknowledges that he/she 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 eighth day after Employee signs 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 and Release (YogaWorks, Inc.)

Acknowledgment of Waiver of Claims under ADEA. (a) The Employee specifically understands and acknowledges that the Age Discrimination in Employment Act of 1967, as amended, (“ADEA”), provides the Employee the right to bring a claim against the Employer if the Employee believes that the Employee has been discriminated against on the basis of age. Employee acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. 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 AgreementAgreements. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has twenty-one (21) days within which to consider this Agreement; (c) he/she he has seven (7) days following his/her his execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, above Employee hereby acknowledges that he/she 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 . (b) This Agreement was delivered to the person executing this Agreement Employee on March 20, 2008. The Employee agrees to deliver or cause to be delivered any such revocation in writing to: Axxxx Xxxxxx, Fluidigm Corporation, 7000 Xxxxxxxxx Xxxxx, Xxxxx 000, Xx. Xxx Xxxxxxxxx, XX 00000, within seven (7) calendar days of the CompanyEmployee’s behalf that is received prior to the eighth day after Employee signs execution of this Agreement. The parties agree Employee further understands and agrees that changes, whether material or immaterial, do not restart any such revocation of this Agreement by the running Employee shall render this Agreement (including the release of the 21-day periodReleasees’ Claims in Section 5(b)) wholly null and void, except as set forth below in Paragraph Seven.

Appears in 1 contract

Samples: Settlement Agreement (Fluidigm Corp)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she is waiving and releasing any rights he/she may have under the Age Discrimination in Employment Act of 1967 ("ADEA"), and that this waiver and release is knowing and voluntary. Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she has been advised by this writing that: (a) he/she should consult with an attorney prior to executing this Agreement; (b) he/she has twenty-one (21) days within which to consider this Agreement; (c) he/she has seven (7) days following his/her execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she 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 eighth day after Employee signs this AgreementEffective 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 1 contract

Samples: Employment Agreement (Inogen Inc)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she is waiving and releasing any rights he/she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Employee agrees and Hain agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she has been advised by this writing that: (a) : a. he/she should consult with an attorney prior to executing this Agreement; (b) ; b. he/she has up to twenty-one (21) days within which to consider this Agreement; (c) ; c. he/she has seven (7) days following his/her execution of this Agreement to revoke this Agreement; (d) ; d. this Agreement shall not be effective until after the revocation period has expired; and (e) and e. nothing in this Agreement prevents or precludes Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In However, if the event Employee signs this Agreement and returns it to the Company in less than the 21release of ADEA claims or any other claim is set aside or limited, all monies paid hereunder shall be set-day period identified above, Employee hereby acknowledges that he/she 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 eighth day after Employee signs this Agreement. The parties agree that changes, whether material off against any relief or immaterial, do not restart the running of the 21-day periodrecovery.

Appears in 1 contract

Samples: Separation Agreement (Hain Celestial Group Inc)

Acknowledgment of Waiver of Claims under ADEA. This Agreement is intended to comply with the Older Workers Benefit Protection Act (“OWBPA”). Employee acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 ("ADEA"), and that this waiver and release is knowing and voluntary. 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. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has twenty-one (21) days within which to consider this AgreementAgreement (but need not use all 21-days); (c) he/she he has seven (7) days following his/her his execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she 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 eighth day after Employee signs this AgreementEffective Date. The parties Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 1 contract

Samples: Consulting Agreement (Udemy, Inc.)

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Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 ("ADEA"), and that this waiver and release is knowing and voluntary. 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. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has twenty-one (21) days within which to consider this Agreement; (c) he/she he has seven (7) days following his/her his execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21twenty-day one (21)-day period identified above, Employee hereby acknowledges that he/she 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 eighth day after Employee signs this AgreementEffective Date. The parties Parties agree that changes, whether material or immaterial, do not restart the running of the 21twenty-day one (21)-day period.

Appears in 1 contract

Samples: Separation Agreement (TrueCar, Inc.)

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

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 ("ADEA"), and that this waiver and release is knowing and voluntary. 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. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has twenty-one (21) days within which to consider this Agreement; (c) he/she he has seven (7) days following his/her his execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she 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 eighth day after Employee signs this AgreementEffective 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: Separation Agreement

Acknowledgment of Waiver of Claims under ADEA. Employee Consultant acknowledges that he/she is waiving and releasing any rights he/she may have under the Age Discrimination in Employment Act of 1967 ("ADEA"), and that this waiver and release is knowing and voluntary. Employee Consultant 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 AgreementDate. Employee Consultant acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee Consultant was already entitled. Employee Consultant further acknowledges that he/she has been advised by this writing that: (a) he/she should consult with an attorney prior to executing this AgreementSupplemental Release; (b) he/she has twenty-one (21) days within which to consider this AgreementSupplemental Release; (c) he/she has seven (7) days following his/her execution of this Agreement Supplemental Release to revoke this AgreementSupplemental 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 Employee Consultant from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee Consultant signs this Agreement Supplemental Release and returns it to the Company in less than the 21-day period identified above, Employee Consultant hereby acknowledges that he/she has freely and voluntarily chosen to waive the time period allotted for considering this AgreementSupplemental Release. Employee Consultant acknowledges and understands that revocation must be accomplished by a written notification to the person executing this Agreement Supplemental Release on the Company’s behalf that is received prior to the eighth day after Employee signs this AgreementSupplemental Release 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 (Graphite Bio, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee understands and acknowledges that he/she is waiving and releasing any rights he/she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Employee 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. Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further understands and acknowledges that he/she has been advised by this writing that: (a) he/she should consult with an attorney prior to executing this Agreement; (b) he/she has twenty-twenty one (21) days within which to consider this Agreement; (c) he/she has seven (7) days following his/her execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Employee acknowledges and understands agrees that revocation must be accomplished by a written notification any changes to the person executing this Agreement on the Company’s behalf that is received prior to the eighth day after Employee signs this Agreement. The parties agree that changesagreement, whether material or immaterial, do not restart the running of the 21-day periodperiod described in this paragraph. Employee acknowledges and understands that revocation must be accomplished by a written notification to Xxxx Xxxxxx, Peekay, Inc., 000 X. Xxxx Xxxxxx, Xxxxx X, Xxxxxx, XX 00000 that is received prior to the Effective Date.

Appears in 1 contract

Samples: Separation Agreement (Peekay Boutiques, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee Executive understands and acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Employee Executive 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. Employee Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee Executive was already entitled. Employee Executive further understands and acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has twenty-one (21) days within which to consider this Agreement; (c) he/she he has seven (7) days following his/her his execution of this Agreement to revoke this AgreementAgreement and agrees that any such revocation must be in a writing by email or federal express received by Xxxxxx Xxxxxxxxxx by midnight on the seventh day following Executive’s execution of this 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 Employee Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee Executive signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee Executive hereby acknowledges that he/she 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 eighth day after Employee signs 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 (Dolby Laboratories, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges Welcx xxxnowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Employee agrees Welcx xxxees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Employee acknowledges Welcx xxxnowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was Welcx xxx already entitled. Employee further Welcx xxxther acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has twenty-one (21) days within which to consider this Agreement; (c) he/she he has seven (7) days following his/her his execution of this Agreement to revoke 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 Employee from Welcx xxxm 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 Employee signs Welcx xxxns this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby Welcx xxxeby acknowledges that he/she he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Employee acknowledges Welcx xxxnowledges 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 eighth day after Employee signs this AgreementEffective 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: Severance Agreement (Trovagene, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. 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. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has twenty-one (21) days within which to consider this Agreement; (c) he/she he has seven (7) days following his/her his execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she 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 Xxxx Xxxx, the Company’s behalf Chief Financial Officer, at xxxxx@xxxxxxxxxxxxxx.xxx, that is received prior to the eighth day after Employee signs Effective Date. The Parties agree that changes to this Agreement. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day periodconsideration period referenced above.

Appears in 1 contract

Samples: Separation Agreement (Upland Software, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she is waiving and releasing any rights he/she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she has been advised by this writing that: (a) he/she should consult with an attorney prior to executing this Agreement; (b) he/she has twentyforty-one five (2145) days within which to consider this Agreement; (c) he/she has seven (7) days following his/her execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee signs this Agreement and returns it to the Company in less than the 2145-day period identified above, Employee hereby acknowledges that he/she 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 Human Resources at xx@xxxxxxx.xxx that is received prior to the eighth day after Employee signs Effective Date. The Parties agree that changes to this Agreement. The parties agree that changes, whether material or immaterial, do not restart the running of the 2145-day periodconsideration period referenced above.

Appears in 1 contract

Samples: Separation Agreement (Avinger Inc)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she Employee is waiving and releasing any rights he/she Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. 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. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she has been advised by this writing that: (a) he/she Employee should consult with an attorney prior to executing this Agreement; (b) he/she Employee has twenty-one (21) days within which to consider this Agreement; (c) he/she Employee has seven (7) days following his/her Employee’s execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she Employee 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 eighth day after Employee signs 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 (Poshmark, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. 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. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has twenty-one (21) days within which to consider this Agreement; (c) he/she he has seven (7) days following his/her his execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she 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 eighth day after Employee signs this Agreement. The parties agree that changes, whether material or immaterial, do not restart the running of the 21DocuSign Envelope ID: 7ABF427E-day period.C08D-4328-9811-8F4DB102A4AA

Appears in 1 contract

Samples: Separation Agreement (Rocket Fuel Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she is waiving and releasing any rights he/she may have under the Age Discrimination in Employment Act of 1967 ("ADEA"), and that this waiver and release is knowing and voluntary. Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she has been advised by this writing that: (a) he/she should consult with an attorney prior to executing this Agreement; (b) he/she has twenty-one (21) days within which to consider this Agreement; (c) he/she has seven (7) days following his/her execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she 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 eighth day after Employee signs this AgreementEffective 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 (Nemus Bioscience, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she Employee is waiving and releasing any rights he/she Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. 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. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she Employee has been advised by this writing that: (a) he/she Employee should consult with an attorney prior to executing this Agreement; (b) he/she Employee has twenty-one (21) days within which to consider this Agreement; (c) he/she Employee has seven (7) days following his/her Employee’s execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she Employee 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 eighth day after Employee signs this AgreementEffective Date. The parties 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 (Invuity, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee understands and acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. 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 date of this Agreement. Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further understands and acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has twenty-twenty one (21) days within which to consider this Agreement; , (c) he/she he has seven (7) days following his/her the execution of this Agreement to revoke this AgreementAgreement (the “Revocation Period”) and any revocation must be in writing and must be received by the company during the Revocation Period; and (d) this Agreement shall not be effective until after the revocation period Revocation Period has expired; and expired (e) nothing such date being referred to herein as the “Effective Date”). Nothing in this the Agreement prevents or precludes Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee signs this Agreement and returns it to the Company in less than the 21-day period periods identified above, Employee hereby acknowledges that he/she he has freely and voluntarily chosen to waive the time period allotted for considering this the 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 eighth day after Employee signs 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 (Modsys International LTD)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she is waiving and releasing any rights he/she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she has been advised by this writing that: (a) he/she should consult with an attorney prior to executing this Agreement, and that she has done so; (b) he/she has twenty-one (21) days within which to consider this Agreement; (c) he/she has seven (7) days following his/her execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she 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 eighth day after Employee signs this AgreementEffective 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 (Salesforce Com Inc)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. 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 Supplemental Agreement. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Supplemental Agreement; (b) he/she he has twenty-one (21) days within which to consider this Supplemental Agreement; (c) he/she he has seven (7) days following his/her his execution of this Supplemental Agreement to revoke this Supplemental 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 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 Employee signs this Supplemental Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she he has freely and voluntarily chosen to waive the time period allotted for considering this Supplemental 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 Mxxxxxx X. Xxxxxxxx, President and Chief Executive Officer, that is received prior to the eighth day after Employee signs Effective Date of this Supplemental 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 (Applied Materials Inc /De)

Acknowledgment of Waiver of Claims under ADEA. Employee understands and acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. 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. Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further understands and acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has [twenty-one (21) 21)]+ days within which to consider this Agreement; (c) he/she he has seven (7) 7 days following his/her his execution of this Agreement to revoke this AgreementAgreement pursuant to written notice to the 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 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 Employee signs this Agreement and returns it to the Company in less than the twenty-one (21-) day period identified above, Employee hereby acknowledges that he/she 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 eighth day after Employee signs 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: Employment Agreement (YogaWorks, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee understands and acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. 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. Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further understands and acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has twenty-one (21) days within which to consider this Agreement; (c) he/she he has seven (7) days following his/her his execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she 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 eighth day after Employee signs this AgreementEffective Date. The parties 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 and Release (Palo Alto Networks Inc)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges You acknowledge that he/she is you are waiving and releasing any rights he/she you may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Employee agrees You 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 you sign this Agreement. Employee acknowledges You acknowledge that the consideration given for this waiver and release is in addition to anything of value to which Employee was you were already entitled. Employee You further acknowledges acknowledge that he/she has you have been advised by this writing that: (a) he/she you should consult with an attorney prior to executing this Agreement; (b) he/she has you have twenty-one (21) days within which to consider this Agreement; (c) he/she has you have seven (7) days following his/her your execution of this Agreement to revoke 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 Employee you from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee signs you sign this Agreement and returns return it to the Company in less than the 21-day period identified above, Employee you hereby acknowledges acknowledge that he/she has freely you have knowingly and voluntarily chosen to waive the time period allotted for considering this Agreement. Employee acknowledges You acknowledge and understands understand 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 eighth day after Employee signs this AgreementEffective Date. The parties Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 1 contract

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

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges You understand and acknowledge that he/she is You are waiving and releasing any rights he/she You may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Employee agrees You understand and agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Employee acknowledges You understand and acknowledge that the consideration given for this waiver and release is in addition to anything of value to which Employee was You were already entitled. Employee You further acknowledges understand and acknowledge that he/she has You have been advised by this writing that: (a) he/she You should consult with an attorney prior to executing this Agreement; (b) he/she has You have twenty-one (21) days within which to consider this Agreement; (c) he/she has You have seven (7) days following his/her Your execution of this Agreement to revoke 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 Employee You from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee signs You sign this Agreement and returns it to the Company in less than the 21-day period identified above, Employee You hereby acknowledges acknowledge that he/she has You have freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Employee acknowledges You acknowledge and understands understand 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 eighth close of business on the seventh (7th) day after Employee signs this Agreementfollowing your execution of the Agreement to Xxxx Xxx, General Counsel, 000 Xxxxxx Xxxxxx, Xxxxx 00, Xxx Xxxxxxxxx, XX 00000; fax number: 000-000-0000. 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, Separation and General Release Agreement (Sunrun Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she is waiving and releasing any rights he/she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release set forth in paragraph 2 is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she has been advised by this writing that: (a) he/she should consult with an attorney prior to executing this Agreement; (b) he/she has twenty-one (21) days within which to consider this Agreement; (c) he/she has seven (7) days following his/her execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she 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 delivery of a written notification to the person executing this Agreement on the Company’s behalf that is received Xxxxx X. Xxxx, 0000 Xxxxx XxXxx Xxxxxxxxxx, Xxxxxxxx Xxx, Xxxxxx Xxxxx, 00000 prior to the eighth day after Employee signs Effective Date. The Parties agree that any changes to this Agreement. The parties agree that changes, whether material or immaterial, do will not restart the running of the 21-day consideration period.

Appears in 1 contract

Samples: Consulting Agreement (SolarWinds, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. 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. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has twenty-one (21) days within which to consider this Agreement; (c) he/she he has seven (7) days following his/her his execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the twenty-one (21-day ) -day period identified above, Employee hereby acknowledges that he/she 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 eighth day after Employee signs this AgreementEffective Date. The parties Parties agree that changes, whether material or immaterial, do not restart the running of the 21twenty-day one (21)-day period.

Appears in 1 contract

Samples: Separation Agreement (TrueCar, Inc.)

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

Appears in 1 contract

Samples: Employment Agreement (CollabRx, Inc.)

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

Appears in 1 contract

Samples: Settlement Agreement (Advanced Analogic Technologies Inc)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. 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(as defined below). Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has twenty-one (21) days within which to consider this Agreement; (c) he/she he has seven (7) days following his/her his execution of this Agreement to revoke this the Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she 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 Company (Attn: Xxxxx Xxxxx), that is received prior to the eighth day Effective Date. This Agreement will become effective after seven (7) days have passed since Employee signs this signed the Agreement. The parties agree , provided that changes, whether material or immaterial, do it is not restart revoked before that date (the running of the 21-day period“Effective Date”).

Appears in 1 contract

Samples: Separation Agreement (Betawave Corp.)

Acknowledgment of Waiver of Claims under ADEA. To the extent applicable, Employee further acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 ("ADEA”), ") and that this waiver and release is knowing and voluntary. Employee agrees and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this AgreementDate. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. To the extent the ADEA is applicable to Employee, Employee further acknowledges that he/he or she has been advised by this writing that: writing, as required by the ADEA, that (a) he/he or she has the right to and should consult with an attorney prior to executing this AgreementAgreement (although he or she may execute this Agreement voluntarily earlier); (b) he/he or she has twentyat least forty-one five (2145) days within which to consider this Agreement; (c) he/Employee has been advised that a roster of all individuals affected by the current reduction in force plan of the Company is immediately available to Employee upon request from the Human Resources department; (d) he or she has seven (7) days following his/her the execution of this Agreement to revoke this Agreementthe Agreement by sending a written notice to the Company to the attention of General Counsel, Critical Path, Inc., 350 The Embarcadero, 6th Floor, San Francisco, California 94105-1204; xxx (dx) this Agreement shall not be effective until after the revocation xxxx Xxxxxxxxx xxxxx xxx xx xxxxxxxxx xxxxx xxx xxxxxxxxxx period has expired; and (e) nothing in this Agreement prevents or precludes Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Employee acknowledges and understands that revocation must which shall be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received prior to the eighth day after it is signed by Employee signs this Agreement. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day periodand Company.

Appears in 1 contract

Samples: Separation Agreement (Critical Path Inc)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she is waiving and releasing any rights he/she may have under the Age Discrimination in Employment Act of 1967 ("ADEA"), and that this waiver and release is knowing and voluntary. Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she has been advised by this writing that: (a) he/she should consult with an attorney prior to executing this Agreement; (b) he/she has twenty-one (21) days within which to consider this Agreement; (c) he/she has seven (7) days following his/her execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she 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 eighth day after Employee signs 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: Consulting, Separation Agreement and Release (Organovo Holdings, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she is waiving and releasing any rights he/she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she has been advised by this writing that: (a) he/she should consult with an attorney prior to executing this Agreement; (b) he/she has twenty-one (21) days within which to consider this Agreement; (c) he/she has seven (7) days following his/her execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she 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 Xxxxx Xxxxx-Xxxxxxx, Director of People Relations, is received prior to the eighth day after Employee signs Effective Date. The Parties agree that changes to this Agreement. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day periodconsideration period referenced above.

Appears in 1 contract

Samples: Transition Agreement and Release (Bazaarvoice Inc)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. 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 AgreementDate. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has twenty-one (21) days within which to consider this Agreement; (c) he/she he has seven (7) days following his/her his execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she 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 Xxxxxxx Xxxxx (xxxxxx@xxxxxxxx.xxx) that is received prior to the eighth day after Employee signs Effective Date. The Parties agree that changes to this Agreement. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day periodconsideration period referenced above.

Appears in 1 contract

Samples: Transition Agreement (Homeaway Inc)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ADEA and that this waiver and release is knowing and voluntary. Employee agrees and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she he has been advised by this writing that: (a) he/she : a. He should consult with an attorney prior to executing this Agreement; (b) he/she ; b. He has twenty-one (21) days from the later of (i) the April 26, 2012 date on which he was presented with this Agreement or (ii) his Separation Date within which to consider this Agreement; (c) he/she Agreement before executing it and delivering it to the Company; c. He has seven (7) days following his/her his execution of this Agreement to revoke this Agreement; (d) this ; d. This Agreement shall not be effective until after the revocation period has expired; and (e) nothing ; e. Nothing in this Agreement prevents or precludes Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee signs this Agreement and returns it to the Company in less than the applicable 21-day period identified above, Employee hereby acknowledges that he/she he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. If Employee acknowledges and understands that revocation must be accomplished by a written notification to the person executing revokes this Agreement on within the Company’s behalf that is received prior to applicable seven (7)-day revocation period, this Agreement shall not be effective or enforceable, and Employee will not receive the eighth day after Employee signs items of consideration for this Agreement. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day periodAgreement set forth in section 2 above.

Appears in 1 contract

Samples: Separation Agreement (SJW Corp)

Acknowledgment of Waiver of Claims under ADEA. Employee understands and acknowledges that he/she Employee is waiving and releasing any rights he/she Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. 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 AgreementSupplemental Release. Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further understands and acknowledges that he/she Employee has been advised by this writing that: (a) he/she Employee should consult with an attorney prior to executing this AgreementSupplemental Release; (b) he/she Employee has twenty-one (21) days within which to consider this AgreementSupplemental Release after receiving it; (c) he/she Employee has seven (7) days following his/her Employee’s execution of this Agreement Supplemental Release to revoke this AgreementSupplemental Release; and (d) this Agreement Supplemental Release shall not be effective until after the revocation period has expired; and (e) nothing in . Employee recognizes that any changes to this Agreement prevents Supplemental Release, material or precludes Employee from challenging or seeking a determination in good faith not, do not affect the running 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 law21-day period. In the event Employee signs this Agreement Supplemental Release and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she Employee 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 eighth day after Employee signs this Agreement. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day periodSupplemental Release.

Appears in 1 contract

Samples: Separation Agreement and General Release (SJW Group)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 ("ADEA"), and that this waiver and release is knowing and voluntary. 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. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has twentyforty-one five (2145) days within which to consider this Agreement; (c) he/she as set forth in the documentation provided to, and acknowledged by, Employee at the time of presentation of this Agreement, Employee has been advised in writing by the Company of the class, unit, or group of individuals covered by the Company’s recent reduction in force, the eligibility factors for such reduction in force, and the job titles and ages of all individuals who were and were not selected; (d) he has seven (7) days following his/her his execution of this Agreement to revoke this Agreement; (de) this Agreement shall not be effective until after the revocation period has expired; and (ef) nothing in this Agreement prevents or precludes Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee signs this Agreement and returns it to the Company in less than the 2145-day period identified above, Employee hereby acknowledges that he/she 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 eighth day after Employee signs this AgreementEffective Date. The parties agree that changes, whether material or immaterial, do not restart the running of the 2145-day period.

Appears in 1 contract

Samples: Separation Agreement (Netgear, Inc)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 ("ADEA"), and that this waiver and release is knowing and voluntary. 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 AgreementSupplemental Release. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this AgreementSupplemental Release; (b) he/she he has twenty-one (21) days within which to consider this AgreementSupplemental Release; (c) he/she he has seven (7) days following his/her his execution of this Agreement Supplemental Release to revoke this Agreementthe Supplemental 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 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 Employee signs this Agreement Supplemental Release and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she he has freely and voluntarily chosen to waive the time period allotted for considering this AgreementSupplemental Release. Employee acknowledges and understands that revocation must be accomplished by a written notification to the person executing this Agreement Supplemental Release on the Company’s 's behalf that is received prior to the eighth day after Employee signs this AgreementEffective 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 (Mattson Technology Inc)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. 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. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has twenty-one (21) days within which to consider this Agreement; (c) he/she he has seven (7) days following his/her his execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she 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 undersigned Company representative that is received prior to the eighth day after Employee signs this AgreementEffective Date. The parties 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 (Rocket Fuel Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges You acknowledge and understand that he/she is you are waiving and releasing any rights he/she you may have under the Age Discrimination in Employment Act of 1967 ("ADEA"), and that this waiver and release is knowing and voluntary. Employee agrees You 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 you sign this Agreement. Employee acknowledges You acknowledge that the consideration given for this waiver and release is in addition to anything of value to which Employee was you were already entitled. Employee You further acknowledges acknowledge that he/she has you have been advised by this writing that: (a) he/she you should consult with an attorney prior to executing this Agreement; (b) he/she has you have twenty-one (21) days within which to consider this Agreement; (c) he/she has you have seven (7) days following his/her your execution of this Agreement to revoke 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 Employee you from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee signs you sign this Agreement and returns return it to the Company in less than the 21-day period identified above, Employee you hereby acknowledges acknowledge that he/she has freely you have knowingly and voluntarily chosen to waive the time period allotted for considering this Agreement. Employee acknowledges You acknowledge and understands understand 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 eighth day after Employee signs this AgreementEffective Date (as defined below). The parties 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 (Domo, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she is waiving and releasing any rights he/she may have under the Age Discrimination in Employment Act of 1967 ("ADEA”), ") and that this waiver and release is knowing and voluntary. Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she has been advised by this writing that: (a) he/she should consult with an attorney prior to executing this Agreement; (b) he/she has twentyforty-one five (2145) days within which to consider this Agreement; (c) he/she has been advised in writing by the Company of the class, unit, or group of individuals covered by the severance program, any eligibility factors for the program, any time limits applicable to the program, and the job titles and ages of all individuals who participated and did not participate in the program, as reflected in Exhibits A and B, attached hereto; (d) she has seven (7) days following his/her the execution of this Agreement by the parties to revoke this the Agreement; (de) this Agreement shall not be effective until after the revocation period has expired; and (ef) nothing in this Agreement prevents or precludes Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for from doing so, unless specifically authorized by federal law. In the event Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she 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 eighth day after Employee signs 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: Severance Agreement (New Focus Inc)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. 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. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has twenty-one (21) days within which to consider this Agreement; (c) he/she he has seven (7) days following his/her his execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she 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 eighth day after Employee signs 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 (Unwired Planet, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee understands and acknowledges that he/she Employee is waiving and releasing any rights he/she Employee may have under the Age Discrimination in Employment Act of 1967 ("ADEA''), and that this waiver and release is knowing and voluntary. Employee understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA AD EA after the Effective Date of this Agreement. Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further understands and acknowledges that he/she Employee has been advised by this writing that: (a) he/she Employee should consult with an attorney prior to executing this Agreement; (b) he/she Employee has twenty-one (21) 21 days within which to consider this Agreement; (c) he/she Employee has seven (7) 7 days following his/her Employee's execution of this Agreement to revoke this AgreementAgreement pursuant to written notice to the 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 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 Employee signs this Agreement and returns return s it to the Company in less than the 21-21 day period identified above, Employee hereby acknowledges that he/she Employee 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 eighth day after Employee signs 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: Employment Agreement (PPD, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee understands and acknowledges that he/she he is waiving and releasing any rights he/she he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. 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 AgreementSeparation Date. Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further understands and acknowledges that he/she he has been advised by this writing that: (a) he/she he should consult with an attorney prior to executing this Agreement; (b) he/she he has twenty-one (21) days within which to consider this Agreement; (c) he/she he has seven (7) days following his/her his execution of this Agreement to revoke 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 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 Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he/she 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 General Counsel, that is received prior to the eighth day after Employee signs Effective Date. The Parties agree that changes to 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 (Rackspace Hosting, Inc.)

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