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”), 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. 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 and Release (Virpax Pharmaceuticals, Inc.), Separation Agreement and Release (Virpax Pharmaceuticals, Inc.), Separation Agreement and Release (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 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. [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 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 and Release of Claims (Fusion-Io, Inc.), Advisory Agreement (Fusion-Io, Inc.), Advisory 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 and Release (Servicesource International, Inc.), Separation Agreement and Release (Servicesource International, Inc.), Consulting 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 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 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 and Release (Allakos Inc.), Separation Agreement and Release (Cutera Inc), Separation Agreement and Release (Allakos 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 and Release (Ventyx Biosciences, Inc.), Separation Agreement and Release (Carmot Therapeutics Inc.), Separation Agreement and Release (TrueCar, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee The Executive understands and acknowledges that he/she the Executive is waiving and releasing any rights he/she the Executive 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 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 the Executive has been advised by this writing that: (a) he/she the Executive should consult with an attorney prior to executing this Agreement; (b) he/she the Executive has twenty-one (21) 21 days within which to consider this Agreement; (c) he/she the Executive has seven (7) 7 days following his/her the Executive’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 the Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee the Executive signs this Agreement and returns it to the Company in less than the 21-21 day period identified above, Employee the Executive hereby acknowledges that he/she the Executive 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 (Surface Oncology, Inc.), Employment Agreement (Surface Oncology, Inc.), Separation Agreement and Release (Radius Health, 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.), Agreement (Presidio Property Trust, 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: Separation Agreement and Release (Vivus Inc), Separation Agreement and Release (Vivus Inc), Change of Control and Severance Agreement (Vivus 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: Ali Salehpour Separation Agreement and Release (Applied Materials Inc /De), Steve Ghanayem Separation Agreement and Release (Applied Materials Inc /De), Separation Agreement and Release (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 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 and Release (Akesis Pharmaceuticals, Inc.), Separation Agreement and Release (Akesis Pharmaceuticals, Inc.), Separation Agreement and Release (MultiCell Technologies, 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 3 contracts

Samples: Separation Agreement and Release (UpHealth, Inc.), Agreement (Ampio Pharmaceuticals, Inc.), Consulting Agreement (aTYR PHARMA 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 and Severance Agreement (Inogen Inc), Employment and Severance Agreement (Inogen Inc), Employment and Severance Agreement (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 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. 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 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 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 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 2 contracts

Samples: Separation Agreement and Release (Dolby Laboratories, Inc.), Separation Agreement and Release (Dolby Laboratories, 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 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 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 and Release (Audience Inc), Separation Agreement and Release (Audience 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 Release 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 Release Agreement; (b) he/she he has twenty-one (21) days within which to consider this Release Agreement; (c) he/she he has seven (7) days following his/her his execution of this Release Agreement to revoke this Release Agreement; (d) this Release Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Release Agreement prevents or precludes 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 Release Agreement and returns it to the Company Sierra Monitor 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 Release Agreement. 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 (Sierra Monitor Corp /Ca/), Transition Agreement (Sierra Monitor Corp /Ca/)

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 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 and Release (Bubblr Inc.), Separation Agreement and Release (Bubblr 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.), Transition Agreement and Release (Okta, 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 twentyforty-one five (2145) days within which to consider this Agreement; (c) he/she Employee has seven (7) days following his/her his execution of this Agreement to revoke this AgreementAgreement by providing written notification to Xxxx Xxxx, Vice President of Human Resources, 0000 Xxxx XxXxxxxx Xxxx, Phoenix, AZ 85008 ATTN: Human Resources, Xxxx.Xxxx@xxxxxx.xxx, before the end of such seven-day period (“Revocation Period”); (d) this Agreement shall not be effective until after the revocation period Revocation Period has expired; (e) the release contained in this section does not apply to rights and claims that may arise after the date on which Employee signs this Agreement; (f) Employee knowingly and voluntarily accepts the terms of this Agreement and (eg) nothing in this Agreement prevents or precludes Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. The job titles, ages and other information about the individuals in Employee’s Decisional Unit who are being terminated pursuant to the Company’s reduction in force of those individuals in the Decisional Unit who have not been selected for termination in the reduction in force are set forth in the attached Exhibit A to this Agreement. 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 Employee has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Employee acknowledges and understands further agrees that revocation must be accomplished by a written notification any change 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 will not restart the running forty-five (45) day period for Employee to consider the terms of this Agreement. Upon signing this Agreement Employee’s general release of claims, except for the 21-day periodADEA Waiver, is effective immediately, and not revocable.

Appears in 2 contracts

Samples: Separation Agreement and Release (On Semiconductor Connectivity Solutions, Inc.), Separation Agreement and Release (On Semiconductor Connectivity Solutions, 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 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 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 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 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 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 and Release (Telenav, Inc.), Separation Agreement and Release (Cavitation Technologies, 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 and Release (Outlook Therapeutics, Inc.), Separation Agreement and Release (Oncobiologics, 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: Separation Agreement and Release (Vivus Inc), Separation Agreement and Release (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 is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he/she has been is advised by this writing that: (a) he/she should to consult with an attorney about this Agreement prior to executing this Agreement; . Employee acknowledges (ba) he/she he has twenty-one (21) days within which from receipt of this Agreement to consider this Agreement; (cb) he/she he has seven (7) days following his/her after his execution of this Agreement to revoke this Agreement; (dc) this Agreement shall not be effective until after the revocation period has expired; and (ed) 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 X. Xxxxxxxx, Chairman, President and Chief Executive Officer, 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: Retirement Agreement and Release (Applied Materials Inc /De), Separation Agreement and Release (Applied Materials Inc /De)

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 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 twentyforty-one five (2145) days within which to consider this Agreement; (c) he/she as set forth in Exhibits A, B, and C hereto, Employee has been advised in writing by the Company of the class, unit, or group of individuals covered by the reduction in force, the eligibility factors for the reduction in force, and the job titles and ages of all individuals who were and were not selected; (c) 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 2145-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 2145-day period.

Appears in 2 contracts

Samples: Separation Agreement and Release (Zymeworks Inc.), Separation Agreement and Release (Zymeworks 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 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 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 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: Executive Employment Agreement (Osprey Technology Acquisition Corp.), Separation Agreement and Release (Alpine Immune Sciences, 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 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 And (Pricesmart Inc), Confidential Separation Agreement and General Release (Pricesmart 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 date Consultant signs 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) days following his/her Consultant’s execution of this Agreement to revoke the releases contained in this Agreement; (d) the releases under 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 IGM in less than the 21-day period identified above, Employee Consultant hereby acknowledges that he/she Consultant has freely knowingly and voluntarily chosen to waive the time period allotted for considering this Agreement. Employee Consultant acknowledges and understands that revocation must be accomplished by a written notification to the person executing this Agreement on the CompanyIGM’s behalf that is received prior to the eighth day after Employee signs this Agreementthe Effective Date. The parties Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period. Consultant’s releases will be effective on the eighth day after he signs and returns the supplemental release contained in this Exhibit A-2.

Appears in 2 contracts

Samples: Transition and Consulting Agreement (IGM Biosciences, Inc.), Transition and Consulting Agreement (IGM Biosciences, 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 and Release (Active Power Inc), Separation Agreement and Release (Active Power 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) 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: Indemnification Agreement (NBTY Florida, Inc.), Indemnification Agreement (Nbty 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: Supplemental Release Agreement (Fabrinet), Supplemental Release Agreement (Fabrinet)

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 knowingly, 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 2 contracts

Samples: Transition Agreement and Release (Inogen Inc), Transition Agreement and Release (Inogen 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 date Consultant signs 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) days following his/her Consultant’s execution of this Agreement to revoke the releases contained in this Agreement; (d) the releases under 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 IGM in less than the 21-day period identified above, Employee Consultant hereby acknowledges that he/she Consultant has freely knowingly and voluntarily chosen to waive the time period allotted for considering this Agreement. Employee Consultant acknowledges and understands that revocation must be accomplished by a written notification to the person executing this Agreement on the CompanyIGM’s behalf that is received prior to the eighth day after Employee signs this Agreementthe Effective Date. The parties Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.. Consultant’s releases will be effective on the eighth day after the Effective Date (the “Release Effective Date”). IGM Releases

Appears in 2 contracts

Samples: Transition and Consulting Agreement (IGM Biosciences, Inc.), Transition and Consulting Agreement (IGM Biosciences, 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 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 and Release (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 Agreement. Employee acknowledges that a portion of the consideration given for this his 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 and Mutual Releases (Ikanos Communications)

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 and 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 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 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 this release does not release or waive claims for age discrimination that arise after the Agreement is signed but does release all claims for age discrimination that arise before the effective date of the Agreement; (c) he has twenty-one (21) days within which to consider this Agreement; (cd) he/she he has seven (7) days following his/her his execution of this Agreement to revoke this AgreementAgreement pursuant to written notice to the Board of Directors of the Company, which revocation must be received by midnight of the seventh day after the Agreement has been signed; (de) this Agreement shall not be effective until after the revocation period has expiredexpired but shall become effective immediately upon the expiration of the revocation period provided the Agreement was not timely revoked; 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 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 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 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 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 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 21twenty-day one (21)-day period identified above, Employee you hereby acknowledges 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 day after Employee signs this AgreementEffective Date. The 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: Transition, Separation and General Release Agreement (Sunrun 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 some of 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 Agreement. 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: Employer Separation Agreement and Release (Maxlinear, 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 twentyforty-one five (2145) days within which to consider this Agreement; (c) he/she he 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) he 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 and Release (New Focus 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-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 (e) nothing . 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: Transition Agreement and Release (Modsys International LTD)

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 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 (Quantenna Communications Inc)

Acknowledgment of Waiver of Claims under ADEA. Employee Executive acknowledges that he/she is waiving and releasing any rights he/she may have under the Age Discrimination in Employment Act of 1967 ("ADEA”), ") and that this waiver and release is knowing and voluntary. Employee 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 of this AgreementAgreement (as defined in Section 14(m) below). 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 has been advised by this writing that: that (a) he/she should consult with an attorney prior to executing this Agreement; (b) he/she has at least 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; the Agreement (d) this Agreement the "Revocation Period"). This waiver and release shall not be effective until after the revocation period Revocation Period has expired; , and only then if she does not revoke it. In order to revoke this waiver and release, she must deliver to the Company's Chief Executive Officer, by no later than seven (e7) nothing days after she executes this Agreement, a letter stating that she is revoking it. If she does not deliver such a letter, then this waiver and release shall become effective upon expiration of seventh day after she executes the Agreement. Executive understands that if she chooses to revoke this waiver and release within seven (7) days after she signs it, Executive will not receive any severance benefits and the Agreement will have no effect. Nothing in this Agreement prevents or precludes Employee Executive from challenging or seeking a determination in good faith of the validity of this waiver and release 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 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 (Brio Software 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 and Release (Advanced Analogic Technologies 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.. (<< 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 and Severance Agreement (Inogen Inc)

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

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.]

Appears in 1 contract

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

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 (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: Transition Agreement and Release (Affirm Holdings, 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 AgreementAgreement (but may accept this Agreement at any time before the end of the 21-day period); (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 before the end of 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 behalf of the Company’s behalf Company that is received prior to the eighth day after Employee signs this Agreement. 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 (Aterian, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges I further acknowledge that he/she is I am waiving and releasing any rights he/she I may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) as amended, including but not limited by the Older Workers’ Benefit Protection Act (“OWBPA”), with the exception of any claim that I may have as to the validity of this Release under the ADEA as amended by the OWBPA, and that this waiver and release is knowing and voluntary. Employee agrees that this This waiver and release does not apply to any rights or claims that may arise under ADEA, as amended by the ADEA OWBPA, after the Effective Date date of execution of this AgreementRelease. Employee acknowledges I acknowledge that the consideration given for this waiver and release Release is in addition to anything of value to which Employee I was already entitled. Employee I further acknowledges acknowledge that he/she has I have been advised by this writing that: that (a) he/she I should consult with an attorney prior to executing this AgreementRelease; (b) he/she has I have at least twenty-one (21) days within which to consider this AgreementRelease; and (c) he/she has I have seven (7) days following his/her the execution of this Agreement Release to revoke this Agreement; it (d) this Agreement the “Revocation Period”). I understand communication of any such revocation shall be provided in writing to the Company 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 its President. This Release shall not be effective until after the revocation period Revocation Period has expired; and (e) nothing . Nothing in this Agreement Release prevents or precludes Employee me from challenging 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 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 (Osteologix, 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 and Release (Applied Materials Inc /De)

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 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 twentyforty-one five (2145) days within which to consider this Agreement; (c) he/she as set forth in Exhibits A, B, and C hereto, Employee has been advised in writing by the Company of the class, unit, or group of individuals covered by the reduction in force, the eligibility factors for the reduction in force, and the job titles and ages of all individuals who were and were not selected; (d) Employee has seven (7) days following his/her Employee’s execution of this Agreement to revoke this Agreement; (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 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.and

Appears in 1 contract

Samples: Separation Agreement and Release (Applied Molecular Transport 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 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 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 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 (Couchbase, 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 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 and General Release (Avalanche Biotechnologies, 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 date the Executive signs 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 o 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 21-day period (the “ADEA time period”) identified above, Employee Executive hereby acknowledges that he/she he has freely and voluntarily chosen to waive the ADEA 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 Company 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 and Release (Peloton 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”)) as amended by the Older Workers Benefit Protection Act, and that this waiver and release is knowing and voluntary. Employee agrees that this This waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date effective date of this AgreementRelease. Employee acknowledges that the consideration given for this waiver and release Release is in addition to anything of value to which Employee he/she was already entitled. The Company advises Employee to seek the advice of counsel in connection with this Release. Employee further acknowledges that he/she has been advised by this writing that: that (a) he/she should consult with an attorney prior to executing this AgreementRelease; (b) as to his/her waiver of claims under the ADEA, he/she has at least twenty-one (21) days within which to consider this AgreementRelease; (c) he/she has at least seven (7) days following the execution of this Release by the parties to revoke the Release to the extent of the waiver of his/her execution of this Agreement to revoke this Agreementclaims under the ADEA; and (d) this Agreement Release shall not be effective as to the waiver of claims under the ADEA 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 . For all purposes other than the waiver of the validity of this waiver claims under the ADEA, nor does it impose any condition precedentthis Release shall be effective immediately, 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 except 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 obligations set forth in Section 2 above shall terminate in the event that is received prior to Employee revokes his/her waiver of claims under the eighth day after Employee signs this Agreement. The parties agree that changes, whether material or immaterial, do not restart ADEA within the running of the 21seven-day waiver period.

Appears in 1 contract

Samples: Employment Agreement (Inverness Medical Innovations 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 twentyforty-one five (2145) days within which to consider this Agreement; (c) he/she as set forth in Exhibit A attached hereto, Employee has been advised in writing by the Company of the class, unit, or group of individuals covered by the reduction in force, the eligibility factors for the reduction in force, and the job titles and ages of all individuals who were and were not selected; (d) Employee has seven (7) days following his/her Employee’s 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 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 2145-day period.

Appears in 1 contract

Samples: Separation Agreement and Release (MedAvail Holdings, 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 21twenty-day one (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 1 contract

Samples: Supplemental Release (Recursion Pharmaceuticals, 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 SolarWinds 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 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 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: Severance Agreement and Release (SolarWinds, 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 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 from receipt of this Agreement within which to consider this AgreementAgreement (as described in the Consideration Period below); (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 you have 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 Agreement (iRhythm Technologies, 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 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 twentyforty-one five (2145) days within which to consider this Agreement; (c) he/she as set forth in Exhibit A hereto, Employee has been advised in writing by the Company of the class, unit, or group of individuals covered by the reduction in force, the eligibility factors for the reduction in force, and the job titles and ages of all individuals who were and were not selected; (d) Employee has seven (7) days following his/her Employee’s 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 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 “Revocation Instructions”). The parties 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 and Release (LiveVox Holdings, 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 at least twenty-one (21) days within which to consider this Agreement; (c) he/she Employee has seven (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 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 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 1 contract

Samples: Release of Claims (Fusion-Io, 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”)) 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 1 contract

Samples: Separation Agreement and Release (Theriva Biologics, 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 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 (Bazaarvoice 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.. Exhibit 10.1

Appears in 1 contract

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

Acknowledgment of Waiver of Claims under ADEA. Employee The Consultant understands and acknowledges that he/she the Consultant is waiving and releasing any rights he/she the Consultant may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Employee The Consultant understands and agrees that this waiver and release does not apply to any rights or claims Claims that may arise under the ADEA after the Effective Date of date the Consultant signs this Agreement. Employee The Consultant understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee the Consultant was already entitled. Employee The Consultant further understands and acknowledges that he/she the Consultant has been advised by this writing that: (a) he/she the Consultant should consult with an attorney prior to executing this Agreement; (b) he/she the Consultant has twenty-one (21) 21 days within which to consider this Agreement, and the Parties expressly agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) he/she the Consultant has seven (7) ​ business days following his/her the Consultant’s execution of this Agreement to revoke this AgreementAgreement by delivering written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expiredexpired (such effective date, the “Release Effective Date”); and (e) nothing in this Agreement prevents or precludes Employee the 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 the Consultant signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee the Consultant hereby acknowledges that he/she the 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: Consulting Agreement (Rhythm Pharmaceuticals, Inc.)

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., 000 Xxx Xxxxxxxxxxx, 0xx Xxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000-0000; 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 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: Employment Agreement (Critical Path 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; 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 and Release (Arlo 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. 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 1 contract

Samples: Separation Agreement and Release (Bubblr 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 and Release (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 and Release (Invuity, 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 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 (Vaxcyte, 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 twenty-one (21-day ) -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 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 and Release (TrueCar, 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 periodperiod.]1 1 [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 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: Confidential Severance Agreement and Mutual Release (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 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 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 and Release (iRhythm Technologies, 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 Agreement; Release (bii) he/she he has twenty-one (21) days within which to consider this AgreementRelease; (ciii) he/she he has seven (7) days following his/her his execution of this Agreement Release to revoke this AgreementRelease; (div) this Agreement Release shall not be effective until after the revocation period has expiredexpired and Executive will not receive the severance and other benefits provided by Section 3 of the Transition and Separation Agreement until after the revocation period has lapsed; and (ev) 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. Pacific time 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 1 contract

Samples: Transition and Separation Agreement (Ardelyx, 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 AgreementAgreement ; (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 and Release (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 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 he 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 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 from challenging or seeking a 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 and Release (OptimizeRx 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 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 Vice President of Human Resources 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: Separation Agreement and Release (Servicesource International, Inc.)

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