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

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee is waiving and releasing any rights the Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee has been advised by this writing that (a) the Employee should consult with an attorney prior to executing this Agreement; (b) the Employee has at least twenty-one (21) days within which to consider this Agreement; (c) the Employee has seven (7) days following the execution of this Agreement by the Parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 17 contracts

Samples: Change of Control Severance Agreement, Change of Control Severance Agreement (Xoma LTD /De/), Change of Control Severance Agreement (Xoma LTD /De/)

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Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee he is waiving and releasing any rights the Employee he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee he has been advised by this writing that (a) the Employee he should consult with an attorney prior to executing this Agreement; (b) the Employee he has at least twenty-one (21) days within which to consider this Agreement; (c) the Employee he has seven (7) days following the execution of this Agreement by the Parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 13 contracts

Samples: Change of Control Severance Agreement (Cholestech Corporation), Change of Control Severance Agreement (Cholestech Corporation), Change of Control Severance Agreement (Cholestech Corporation)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee he is waiving and releasing any rights the Employee he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee he has been advised by this writing that (a) the Employee he should consult with an attorney prior to executing this Agreement; (b) the Employee he has at least twenty-one (21) days within which to consider this Agreement; (c) the Employee he has seven (7) days following the execution of this Agreement by the Parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 12 contracts

Samples: Change of Control Severance Agreement (Pinnacle Systems Inc), Change of Control Severance Agreement (Cholestech Corporation), Change of Control Severance Agreement (Cholestech Corporation)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee he is waiving and releasing any rights the Employee he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement Agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee he has been advised by this writing that (a) the Employee he should consult with an attorney prior to executing this Agreement; (b) the Employee he has at least twenty-one (21) days within which to consider this Agreement; (c) the Employee he has at least seven (7) days following the execution of this Agreement by the Parties parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 7 contracts

Samples: Settlement Agreement (Centigram Communications Corp), Separation Agreement (Secure Computing Corp), Settlement Agreement (Landacorp Inc)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee he is waiving and releasing any rights the Employee he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement Agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee he has been advised by this writing that (a) the Employee he should consult with an attorney prior PRIOR to executing this Agreement; (b) the Employee he has at least twenty-one (21) days within which to consider this Agreement; (c) the Employee he has at least seven (7) days following the execution of this Agreement by the Parties parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 7 contracts

Samples: Settlement Agreement (Genus Inc), Settlement Agreement (Genus Inc), Settlement Agreement (Genus Inc)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee he is waiving and releasing any rights the Employee he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this AgreementRelease. The Employee acknowledges that the consideration given for this waiver and release agreement Release is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee he has been advised by this writing that (a) the Employee he should consult with an attorney prior to executing this AgreementRelease; (b) the Employee he has at least twenty-one (21) days within which to consider this AgreementRelease; (c) the Employee he has seven (7) days following the execution of this Agreement Release by the Parties to revoke the AgreementRelease; and (d) this Agreement Release shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to a member of the Company Board of Directors by the close of business on the seventh (7th) day from the date that the Employee signs this AgreementRelease.

Appears in 7 contracts

Samples: Management Retention Agreement (3com Corp), Management Retention Agreement (3com Corp), Management Retention Agreement (3com Corp)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee he/she is waiving and releasing any rights the Employee he/she may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement Agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee he/she has been advised by this writing that (a) the Employee he/she should consult with an attorney prior PRIOR to executing this Agreement; (b) the Employee he/she has at least twenty-one (21) days within which to consider this Agreement; (c) the Employee he/she has seven (7) days following the execution of this Agreement by the Parties parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company Chief Financial Officer at Polycom, Inc. by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 7 contracts

Samples: Executive Officer Change in Control Agreement (Polycom Inc), Executive Officer Change in Control Agreement (Polycom Inc), Executive Officer Change in Control Agreement (Polycom Inc)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee he is waiving and releasing any rights the Employee he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this the waiver and release is knowing and voluntary. The Employee and the Company agree that this the waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement Agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee he has been advised by this the writing that (a) the Employee he should consult with an attorney prior PRIOR to executing this Agreement; (b) the Employee he has at least twenty-one (21) days within which to consider this Agreement; (c) the Employee he has a least seven (7) days following the execution of this Agreement by the Parties parties to revoke the this Agreement; and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 5 contracts

Samples: Settlement Agreement (Sync Research Inc), Settlement Agreement (Sync Research Inc), Settlement Agreement (Sync Research Inc)

Acknowledgment of Waiver of Claims under ADEA. The Employee Executive acknowledges that the Employee he is waiving and releasing any rights the Employee he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. The Employee Executive and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee Executive acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which the Employee Executive was already entitled. The Employee Executive further acknowledges that the Employee he has been advised by this writing that (a) the Employee he should consult with an attorney prior to executing this Agreement; (b) the Employee he has at least twenty-one (21) days within which to consider this Agreement; (c) the Employee he has seven (7) days following the execution of this Agreement by the Parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company by the close of business on the seventh (7th) day from the date that the Employee Executive signs this Agreement.

Appears in 5 contracts

Samples: Severance Agreement (Cholestech Corporation), Severance Arrangement (Cholestech Corporation), Severance Agreement (Cholestech Corporation)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee is waiving and releasing any rights the Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee has been advised by this writing that (a) the Employee should consult with an attorney prior to executing this Agreement; (b) the Employee has at least twenty-one (21) days within which to consider this Agreement; (c) the Employee has seven (7) days following the execution of this Agreement by the Parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Legal Department at the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 4 contracts

Samples: Officer Employment Agreement (XOMA Corp), Officer Employment Agreement (XOMA Corp), Officer Employment Agreement (XOMA Corp)

Acknowledgment of Waiver of Claims under ADEA. The Employee Executive acknowledges that the Employee he or she is waiving and releasing any rights the Employee 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. The Employee Executive and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee Executive acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which the Employee Executive was already entitled. The Employee Executive further acknowledges that the Employee he or she has been advised by this writing that (a) the Employee he or she should consult with an attorney prior to executing this Agreement; (b) the Employee he or she has at least twenty-one (21) days within which to consider this Agreement; (c) the Employee he or she has seven (7) days following the execution of this Agreement by the Parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company by the close of business on the seventh (7th) day from the date that the Employee Executive signs this Agreement.

Appears in 4 contracts

Samples: Management Retention Agreement (3PAR Inc.), Management Retention Agreement (3PAR Inc.), Management Retention Agreement (3PAR Inc.)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee he is waiving and releasing any rights the Employee he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement Agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee he has been advised by this writing that (a) the Employee he should consult with an attorney prior to executing this Agreement; (b) the Employee he has at least twenty-one (21) days within which to consider this Agreement; (c) the Employee he has seven (7) days following the execution of this Agreement by the Parties parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company Secretary of QuickLogic Corporation at 0000 Xxxxxxx Xxxxx, Xxxxxxxxx, XX 00000 by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 3 contracts

Samples: Change of Control Severance Agreement (Quicklogic Corporation), Change of Control Severance Agreement (Quicklogic Corporation), Change of Control Severance Agreement (Quicklogic Corporation)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee is waiving and releasing any rights the Employee may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. The Employee and the Company Homestore agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date (defined below) of this Agreement. The Release; Employee acknowledges that the consideration given for this waiver and release agreement is Release in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee has been advised by this writing that (a) the Employee should consult with an attorney prior to executing this Agreement; that: (b) the Employee has at least twenty-one (21) days within which to consider this Agreement; Release, although Employee may accept the terms of this Release at any time within those 21 days; (c) the Employee has at least seven (7) days following the execution of this Agreement Release by the Parties parties to revoke the Agreementthis Release; and and (d) this Agreement shall This Release will not be effective until the revocation period has expired. Any revocation should be in writing and delivered to expired (the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement"Effective Date").

Appears in 3 contracts

Samples: Employment Agreement (Homestore Com Inc), Employment Agreement (Homestore Com Inc), Employment Agreement (Homestore Com Inc)

Acknowledgment of Waiver of Claims under ADEA. The Employee Executive acknowledges that the Employee she is waiving and releasing any rights the Employee she may have under the Age Discrimination in Employment Act of 1967 (“OWBPA, the ADEA”) , and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee Executive acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which the Employee Executive was already entitled. The Employee Executive further acknowledges that the Employee she has been advised by this writing that (a) the Employee she should consult with an attorney prior to executing this Agreement; (b) the Employee she has at least twenty-one (21) days within which to consider this AgreementAgreement and that if she signed this Agreement before expiration of that twenty-one (21) calendar day period, she did so knowingly and voluntarily and with the intent of waiving her right to utilize the full twenty-one (21) calendar day consideration period; and (c) the Employee she has seven (7) days following the her execution of this Agreement by the Parties to revoke the Agreement; Agreement (the “Revocation Period”). Communication of any such revocation by Executive to the Company shall be provided in writing and (d) this 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 Chairman of the Company’s Board. This Agreement shall not be effective until the revocation period Revocation Period has expired. Any revocation should be in writing and delivered to the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 3 contracts

Samples: Separation and Release Agreement (Helius Medical Technologies, Inc.), Separation and Release Agreement (Twinlab Consolidated Holdings, Inc.), Separation and Release Agreement (Gemphire Therapeutics Inc.)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee is waiving and releasing any rights the Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. The Employee and the Company Cellegy agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date (defined below) of this AgreementRelease. The Employee acknowledges that the consideration given for this waiver and release agreement Release is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee has been advised by this writing that that: (a) the Employee should consult with an attorney prior to executing this Agreement; Release; (b) the Employee has at least twenty-one (21) days within which to consider this Agreement; Release, although Employee may accept the terms of this Release at any time within those 21 days; (c) the Employee has at least seven (7) days following the execution of this Agreement Release by the Parties parties to revoke the Agreementthis Release; and and (d) this Agreement shall This Release will not be effective until the revocation period has expired. Any revocation should be in writing and delivered to expired (the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement“Effective Date”).

Appears in 2 contracts

Samples: Employment Agreement (Cellegy Pharmaceuticals Inc), Employment Agreement (Cellegy Pharmaceuticals Inc)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee she is waiving and releasing any rights the Employee she may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee she has been advised by this writing that (a) the Employee she should consult with an attorney prior to executing this Agreement; (b) the Employee she has at least twenty-one (21) days within which to consider this Agreement; (c) the Employee she has seven (7) days following the execution of this Agreement by the Parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 2 contracts

Samples: Change of Control Severance Agreement (Cholestech Corporation), Change of Control Severance Agreement (Cholestech Corporation)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee she is waiving and releasing any rights the Employee she may have under the Age Discrimination in Employment Act of 1967 (the “ADEA”) and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does do not apply to any rights or claims that may arise under the ADEA after the Effective Date date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement Agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges and agrees that the Employee she has been advised by this writing that (a) the Employee she should consult with an attorney prior to executing this Agreement; (b) the Employee she has had at least twenty-one (21) days within which to consider this Agreement; (c) the Employee she has seven (7) days following the execution and delivery of this Agreement by the Parties parties to revoke the Agreement; and (d) this Agreement shall not be effective until the such revocation period has expired. Any revocation should be in writing and delivered to the Company General Counsel of LookSmart, Ltd., 000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, XX 00000, by the close of business on the seventh (7th) day from the date that Employee has executed and delivered this Agreement to the Employee signs this AgreementCompany.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement (Looksmart LTD)

Acknowledgment of Waiver of Claims under ADEA. The Employee Executive acknowledges that the Employee he is waiving and releasing any rights the Employee he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. The Employee Executive and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this AgreementTermination. The Employee Executive acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which the Employee Executive was already entitled. The Employee Executive further acknowledges that the Employee he has been advised by this writing that (a) the Employee he should consult with an attorney prior to executing this AgreementNotice; (b) the Employee he has at least twenty-one (21) days from the date he receives this Notice within which to consider this AgreementNotice; (c) the Employee he has at least seven (7) days following the execution of this Agreement Notice by the Parties parties to revoke the Agreementthis Notice; and (d) this Agreement Notice shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company Xxxxxx Xxxxxxxx, by the close of business on the seventh (7th) day from the date that Executive signed this Notice. Executive understands that, although Executive has twenty-one (21) days to consider this Notice, Executive may accept the Employee signs terms of this AgreementNotice at any time within those twenty-one (21) days.

Appears in 2 contracts

Samples: Employment Agreement (Spectrian Corp /Ca/), Employment Agreement (Spectrian Corp /Ca/)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee he is waiving and releasing any rights the Employee he 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. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date effective date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement Agreement is in addition to anything of value to which the Employee was already entitled (except that the severance payment described herein shall replace any other severance payment to which Employee was entitled). The Employee further acknowledges that the Employee he has been advised by this writing that (a) the Employee he should consult with an attorney prior to executing this Agreement; (b) the Employee he has at least twenty-one (21) days within which to consider this Agreement; (c) the Employee he has at least seven (7) days following the execution of this Agreement by the Parties parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 2 contracts

Samples: Settlement Agreement (Igo Corp), Settlement Agreement (Igo Corp)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee he is waiving and releasing any rights the Employee he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date (as defined in Section 17 below) of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement Agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee he has been advised by this writing that (a) the Employee he should consult with an attorney prior to executing this Agreement; (b) the Employee he has at least twenty-one (21) days within which to consider this Agreement; (c) the Employee he has seven (7) days following the his execution of this Agreement by the Parties to revoke the Agreement; and Agreement (d) this the “Revocation Period”). This Agreement shall not be effective until the revocation period Revocation Period has expired. Any revocation should be in writing and delivered to the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 2 contracts

Samples: Separation Agreement (Latitude Communications Inc), Separation Agreement (Latitude Communications Inc)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee he is waiving and releasing any rights the Employee he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement Agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee he has been advised by this writing that (a) the Employee he should consult with an attorney prior to executing this Agreement; (b) the Employee he has at least twenty-one (21) days within which to consider this Agreement; (c) the Employee he has at least seven (7) days following the execution of this Agreement by the Parties to revoke the AgreementAgreement (the "REVOCATION PERIOD"); and (d) this Agreement shall not be effective until the revocation period Revocation Period has expired. Any revocation should be in writing and delivered to the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 2 contracts

Samples: Resignation Agreement (Ess Technology Inc), Agreement and Mutual Release (Ess Technology Inc)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee is waiving and releasing any rights the Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee has been advised by this writing that (a) the Employee should consult with an attorney prior to executing this Agreement; (b) the Employee has at least twenty-one twenty‑one (21) days within which to consider this Agreement; (c) the Employee has seven (7) days following the execution of this Agreement by the Parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Legal Department at the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 2 contracts

Samples: Officer Employment Agreement (XOMA Corp), Officer Employment Agreement (XOMA Corp)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges --------------------------------------------- that the Employee he is waiving and releasing any rights the Employee he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement Agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee he has been advised by this writing that (a) the Employee he should consult with an attorney prior to executing this Agreement; (b) the Employee he has at least twenty-twenty- ----- one (21) days within which to consider this Agreement; (c) the Employee he has seven (7) days following the execution of this Agreement by the Parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company Xxx Xxxxxxxx, Senior Vice President and General Counsel, Seagate Technology, Inc., 000 Xxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000, by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 2 contracts

Samples: Separation Agreement (Seagate Technology Inc), Separation Agreement (Seagate Technology Malaysia Holding Co Cayman Islands)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee he is waiving and releasing any rights the Employee he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement Agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee he has been advised by this writing that (a) the Employee he should consult with an attorney prior to executing this Agreement; (b) the Employee he has at least twenty-one (21) days within which to consider this Agreement; (c) the Employee he has seven (7) days following the execution of this Agreement by the Parties parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company Secretary of QuickLogic Corporation at 1000 Xxxxxxx Xxxxx, Xxxxxxxxx, XX 00000 by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 2 contracts

Samples: Change of Control Severance Agreement (Quicklogic Corporation), Change of Control Severance Agreement (Quicklogic Corporation)

Acknowledgment of Waiver of Claims under ADEA. The Employee --------------------------------------------- acknowledges that the Employee he is waiving and releasing any rights the Employee he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement Agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee he has been advised by this writing that (a) the Employee he should consult with an attorney prior to executing this Agreement; (b) the Employee he has at least twenty-twenty- ----- one (21) days within which to consider this Agreement; (c) the Employee he has at least seven (7) days following the execution of this Agreement by the Parties parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 2 contracts

Samples: Settlement Agreement (Inference Corp /Ca/), Settlement Agreement (Inference Corp /Ca/)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee she is waiving and releasing any rights the Employee may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date effective date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee she has been advised notified by this writing that Agreement that: (a) the Employee should consult with an attorney prior PRIOR to executing this Agreement; (b) the Employee has at least twenty-one (21) days within which to consider this Agreement; (c) the Employee has seven (7) days following the execution of this Agreement by the Parties parties to revoke the this Agreement; and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should must be in writing and must be hand-delivered to the Company Xxxx Xxxxx, Vice President, Legal, and General Counsel, by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Informix Corp)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee is waiving and releasing any rights the Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) ), and that this such waiver and release (“ADEA Waiver”) is knowing and voluntary. The Employee and the Company agree agrees that this waiver and release ADEA Waiver does not apply to any rights or claims that may arise under the ADEA after the Effective Date of Employee signs this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement ADEA Waiver is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee has been advised by this writing that that: (a) the Employee should consult with an attorney prior to executing this Agreement; (b) the Employee has at least twenty-one (21) days within which to consider this Agreement; (although Employee may choose to voluntarily sign it sooner); (c) the Employee has seven (7) days following the execution of this Agreement by the Parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.seven

Appears in 1 contract

Samples: Separation Agreement (Canoo Inc.)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee is waiving and releasing any rights the Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) OWBPA, the ADEA and the AADEA, and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee has been advised by this writing that (a) the Employee should consult with an attorney prior to executing this Agreement; (b) the Employee has at least twenty-one (21) days within which to consider this Agreement, and that if Employee signed this Agreement before expiration of that review period, Employee did so knowingly and voluntarily and with the intent of waiving Employee’s right to utilize the full review period; and (c) the Employee has seven (7) days following the Employee’s execution of this Agreement by the Parties to revoke this Agreement (the Agreement; “Revocation Period”). Communication of any such revocation by Employee to the Company shall be provided in writing and (d) this 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 Chairman. This Agreement shall not be effective until the Revocation Period has expired without any revocation period has expired. Any revocation should be being communicated in writing and delivered by Employee to the Company by the close of business on the seventh (7th) day from the date that the Employee signs this AgreementCompany.

Appears in 1 contract

Samples: Separation and Release Agreement (NeuroBo Pharmaceuticals, Inc.)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee is waiving and releasing any rights the Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee has been advised by this writing that (a) the Employee should consult with an attorney prior to executing this Agreement; (b) the Employee has at least twenty-one (21) days within which to consider this Agreement; (c) the Employee has seven (7) days following the execution of this Agreement by the Parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Legal Department of the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 1 contract

Samples: Change of Control Severance Agreement (XOMA Corp)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee he is waiving and releasing any rights the Employee he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee he has been advised by this writing that (a) the Employee he should consult with an attorney prior to executing this Agreement; (b) the Employee he has at least twentyforty-one five (2145) days within which to consider this Agreement; (c) upon request, he will be advised in writing of the Employee class, unit, or group of individuals covered by the voluntary retirement program by the Company, and the job titles and ages of all individuals who participated and did not participate in the program; (d) he has at least seven (7) days following the execution of this Agreement by the Parties parties to revoke the Agreement; and (de) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 1 contract

Samples: Severance Agreement (Salix Pharmaceuticals LTD)

Acknowledgment of Waiver of Claims under ADEA. The Employee In the event that the Executive is forty years of age or older at the time of executing this Agreement, this Section 5 shall apply: the Executive acknowledges that the Employee he is waiving and releasing any rights the Employee he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. The Employee Executive and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee Executive acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which the Employee Executive was already entitled. The Employee Executive further acknowledges that the Employee he has been advised by this writing that (a) the Employee he should consult with an attorney prior to executing this Agreement; (b) the Employee he has at least twenty-one (21) days within which to consider this Agreement; (c) the Employee he has seven (7) days following the execution of this Agreement by the Parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company by the close of business on the seventh (7th) day from the date that the Employee Executive signs this Agreement. In the event that the Executive is thirty-nine years of age or younger at the time of executing this Agreement, then this Section 5 shall be of no force and effect.

Appears in 1 contract

Samples: Severance Agreement (Cholestech Corporation)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee he/she is waiving and releasing any rights the Employee he/she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee has been advised by this writing that ), and (a) the Employee he/she should consult with an attorney prior to executing this Agreement; (b) the Employee he/she has at least twenty-one (21) days within which to consider this Agreement; (c) the Employee he/she has seven (7) days following the his/her execution of this Agreement by the Parties to revoke the 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. Any revocation should be in writing In the event Employee signs this Agreement and delivered 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 close of business person executing this Agreement on the seventh (7th) day from Company’s behalf that is received prior to the date that the Employee signs this AgreementEffective Date.

Appears in 1 contract

Samples: Retention Agreement (Vivus Inc)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee he is waiving and releasing any rights the Employee he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement Agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee he has been advised by this writing that (a) the Employee he should consult with an attorney prior to executing this Agreement; (b) the Employee he has at least twentyforty-one five (2145) days within which to consider this Agreement; (c) the Employee he has seven (7) days following the execution of this Agreement by the Parties parties to revoke the Agreement; and (d) this Agreement shall will not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company Chief Financial Officer at Polycom by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 1 contract

Samples: Transition Agreement (Polycom Inc)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee he is waiving and releasing any rights the Employee he may have under the Age Discrimination in Employment Act of 1967 1967, as amended ("ADEA") and that this waiver and release is knowing and voluntary. The Employee and the Company agree agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee he has been advised by this writing that as required by the ADEA that: (a) he has the Employee should right to and is advised to consult with an attorney prior to executing this Agreement; ; (b) the Employee he has at least twenty-one (21) days within which to consider this Agreement; Agreement (although he may choose to execute this Agreement earlier); (c) the Employee he has seven (7) days following the execution of this Agreement by the Parties to revoke the AgreementAgreement after which time, the Company shall pay to Employee the Consideration set forth above and implement the forgiveness of the amounts set forth in the Full Consideration; and and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to expired (the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement"Effective Date").

Appears in 1 contract

Samples: Separation Agreement (Storage Technology Corp)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges --------------------------------------------- that the Employee he is waiving and releasing any rights the Employee may have under the Age Discrimination in Employment Act of 1967 (the "ADEA") and that this ---- the waiver and release is knowing and voluntary. The Employee and the Company agree that this the waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement Agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee he has been advised by this writing that (a) the Employee he should consult with an attorney prior to executing this Agreement; (b) the Employee he has at least twenty-one (21) days within which to consider this Agreement; (c) the Employee he has at least seven (7) days following the execution of this Agreement by the Parties parties to revoke this Agreement (the Agreement"Revocation Period"); and (d) ----------------- this Agreement shall not be effective until the revocation period Revocation Period has expired. Any revocation should be in writing and delivered to the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 1 contract

Samples: Severance Agreement (Loudeye Technologies Inc)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges --------------------------------------------- that the Employee is waiving and releasing any rights the Employee Employee's may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. The Employee and the Company @Home agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Release, Employee acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee has been advised by this writing that (a) the that: a. Employee should consult with an attorney prior to executing this Agreement; (b) the Release; b. Employee has at least twenty-one (21) days within which to consider this Agreement; (c) Release, although Employee may accept the terms of this Release at any time within those 21 days; c. Employee has at least seven (7) days following the execution of this Agreement Release by the Parties parties to revoke the Agreementthis Release; and (d) this Agreement shall and d. This Release will not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 1 contract

Samples: Employment Agreement (At Home Corp)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee is waiving and releasing any rights the Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee has been advised by this writing that (a) the Employee should consult with an attorney prior to executing this Agreement; (b) the Employee has at least twenty-one twenty‑one (21) days within which to consider this Agreement; (c) the Employee has seven (7) days following the execution of this Agreement by the Parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 1 contract

Samples: Change of Control Severance Agreement (XOMA Corp)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee is waiving and releasing any rights the Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement Agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee has been advised by this writing that that: (a) the Employee should consult with an attorney prior to executing this Agreement; (b) the Employee has at least twenty-one (21) days within which to consider this Agreement; (c) the Employee has seven (7) days following the execution of this Agreement by the Parties to revoke the Agreement; and (d) this Agreement shall not be effective until the seven day revocation period has expired. Any revocation should be in writing and delivered to the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 1 contract

Samples: Separation and Release Agreement (BRC Inc.)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee is waiving and releasing any rights the Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement Agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee has been advised by this writing that (a) the Employee should consult with an attorney prior to executing this Agreement; (b) the Employee has at least twentyforty-one five (2145) days within which to consider this Agreement; (c) the Employee has seven (7) days following the execution of this Agreement by the Parties to revoke the Agreement; and (d) this Agreement shall not be effective until the seven-day revocation period has expired. Any revocation should be in writing and delivered to the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 1 contract

Samples: Separation Agreement

Acknowledgment of Waiver of Claims under ADEA. The Employee EMPLOYEE acknowledges that the Employee EMPLOYEE is waiving and releasing any rights the Employee Employee's may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. The Employee EMPLOYEE and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee Release, EMPLOYEE acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which the Employee EMPLOYEE was already entitled. The Employee EMPLOYEE further acknowledges that the Employee EMPLOYEE has been advised by this writing that (a) the Employee that: a. EMPLOYEE should consult with an attorney prior PRIOR to executing this Agreement; (b) the Employee Release; b. EMPLOYEE has at least twenty-one (21) days within which to consider this Agreement; (c) Release, although EMPLOYEE may accept the Employee terms of this Release at any time within those 21 days; c. EMPLOYEE has at least seven (7) days following the execution of this Agreement Release by the Parties parties to revoke the Agreementthis Release; and (d) this Agreement shall and d. This Release will not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Integrated Systems Inc)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee is waiving and releasing any rights the Employee may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement Agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee has been advised by this writing that (a) the Employee should consult with an attorney prior to executing this Agreement; (b) the Employee has at least twenty-one (21) days within which to consider this Agreement; (c) the Employee has at least seven (7) days following the execution of this Agreement by the Parties parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Celtrix Pharmaceuticals Inc)

Acknowledgment of Waiver of Claims under ADEA. The Employee To the extent applicable, Executive further acknowledges that the Employee he is waiving and releasing any rights the Employee he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. The Employee 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 AgreementDate. The Employee Executive acknowledges that the consideration given for this waiver and release agreement Agreement is in addition to anything of value to which the Employee Executive was already entitled. The Employee To the extent the ADEA is applicable to Executive, Executive further acknowledges that the Employee he or she has been advised by this writing writing, as required by the ADEA, that (a) he or she has the Employee right to and should consult with an attorney prior to executing this AgreementAgreement (although he or she may execute this Agreement voluntarily earlier); (b) the Employee he or she has at least twentyforty-one five (2145) days within which to consider this Agreement; (c) the Employee he or she has seven (7) days following the execution of this Agreement by the Parties to revoke the AgreementAgreement 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 (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should , which shall be in writing the eighth day after it is signed by Executive and delivered to the Company by the close of business on the seventh (7th) day from the date that the Employee signs this AgreementCompany.

Appears in 1 contract

Samples: Employment Agreement (Critical Path Inc)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee is waiving and releasing any rights the Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee has been advised by this writing that (a) the Employee should consult with an attorney prior to executing this Agreement; (b) the Employee has at least twenty-one twenty‑one (21) days within which to consider this Agreement; (c) the Employee has seven (7) days following the execution of this Agreement by the Parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.. 115701474 v2

Appears in 1 contract

Samples: Change of Control Severance Agreement (XOMA Corp)

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Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee he is waiving and releasing any rights the Employee he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this AgreementRelease. The Employee acknowledges that the consideration given for this waiver and release agreement Release is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee he has been advised by this writing that (a) the Employee he should consult with an attorney prior to executing this AgreementRelease; (b) the Employee he has at least twenty-one (21) days within which to consider this AgreementRelease; (c) the Employee he has seven (7) days following the execution of this Agreement Release by the Parties to revoke the Agreement; Release, and (d) this Agreement Release shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to Richxxx Xxxxxxx xx the Company Company's principal place of business, by the close of business on the seventh (7th) day from the date that the Employee signs this AgreementRelease.

Appears in 1 contract

Samples: Severance Agreement (Speedfam Ipec Inc)

Acknowledgment of Waiver of Claims under ADEA. The Employee Executive acknowledges that the Employee he is waiving and releasing any rights the Employee he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. The Employee Executive and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee Executive acknowledges that the consideration given for this waiver and release agreement Agreement is in addition to anything of value to which the Employee Executive was already entitled. The Employee Executive further acknowledges that the Employee he has been advised by this writing that (a) the Employee he should consult with an attorney prior to executing this Agreement; (b) the Employee she has at least twenty-one (21) 45 days within which to consider this Agreement; (c) the Employee he has seven (7) 7 days following the execution of this Agreement by the Parties parties to revoke the AgreementAgreement (“Revocation Period”); and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should must be in writing and delivered to Xxxx X. Xxxxxx at the Company by the close of business on the seventh (7th) day from the date that Executive signed this agreement. Executive understands that, although Executive has forty-five (45) days to consider the Employee signs this Agreement, Executive may accept the terms of the Agreement at any time during those forty-five (45) days.

Appears in 1 contract

Samples: Separation Agreement (Seebeyond Technology Corp)

Acknowledgment of Waiver of Claims under ADEA. The Employee understands and acknowledges that the Employee is waiving and releasing any rights the Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) ), and that this waiver and release is knowing and voluntary. The Employee understands and the Company agree agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee understands and acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which the Employee was already entitled. The Employee further understands and acknowledges that the Employee has been advised by this writing that that: (a) the Employee should consult with an attorney prior to executing this Agreement; (b) the Employee has at least twenty-one (21) days within which to consider this Agreement; (c) the Employee has seven (7) days following the Employee’s execution of this Agreement by the Parties to revoke the this Agreement; and (d) this Agreement shall not be effective until after the revocation period has expired. Any revocation should be in writing In the event Employee signs this Agreement and delivered returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that Employee has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. The 21-day period identified above, shall not be extended by the close of business on the seventh (7th) day from the date that the Employee signs any non-material edits to this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Arlo Technologies, Inc.)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee he is waiving and releasing any rights the Employee he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement Agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee he has been advised by this writing that (a) the Employee he should consult with an attorney prior PRIOR to executing this Agreement; (b) the Employee he has at least twentyforty-one five (2145) days within which to consider this Section 6 of the Agreement; (c) the Employee he has at least seven (7) days following the execution of this Agreement by the Parties parties to revoke this Section 6 of the Agreement; and (d) this Section 6 of the Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 1 contract

Samples: Settlement Agreement (Rstar Corp)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee he is waiving and releasing any rights the Employee he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date effective date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement Agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee he has been advised by this writing that (a) the Employee he should consult with an attorney prior to executing this Agreement; (b) the Employee he has at least twenty-one (21) days within which to consider this AgreementAgreement and if he takes fewer than the 21 days to review this Agreement he is thereby waiving any and all rights to the balance of the 21 day period; (c) pursuant to the Employee ADEA he has at least seven (7) days following the execution of this Agreement by the Parties parties to revoke the Agreement by providing written notice of revocation to Xxxxxx X. Xxxxxxxxx, CEO, and returning any and all consideration received under this Agreement, in which case the Agreement becomes null and void; and (d) this Agreement shall not be effective until the seven day revocation period has expired. Any revocation should be in writing and delivered to the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Sulphco Inc)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee he is waiving and releasing any rights the Employee he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this AgreementTermination Date. The Employee acknowledges that the consideration given for this waiver and release agreement Agreement is in addition to anything of value to which the Employee was already entitled. The , Employee further acknowledges that the Employee he has been advised by this writing that (a) the Employee he should consult with an attorney prior to executing this Agreement; (b) the Employee he has at least twenty-one (21) days within which to consider this Agreement; (c) the Employee he has seven (7) days following the execution of this Agreement by the Parties parties to revoke the Agreement; and (d) this Agreement shall will not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company Chief Financial Officer at Polycom by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 1 contract

Samples: Supplemental Release (Polycom Inc)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges --------------------------------------------- that the Employee he is waiving and releasing any rights the Employee he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement Agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee he has been advised by this writing that (a) the Employee he should consult with an attorney prior to executing this Agreement; (b) the Employee he has at least twenty-twenty- ----- one (21) days within which to consider this Agreement; (c) the Employee he has seven (7) days following the execution of this Agreement by the Parties parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company General Counsel at Hewlett-Packard Company, 0000 Xxxxxxx xxxxxx, Xxxx Xxxx, Xxxxxxxxxx 00000, by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Hewlett Packard Co)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee he is waiving and releasing any rights the Employee he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee he has been advised by this writing that (a) the Employee he should consult with an attorney prior to executing this Agreement; (b) the Employee he has at least twenty-one (21) days within which to consider this Agreement; (c) the Employee he has seven (7) days following the execution of this Agreement by the Parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 1 contract

Samples: Change of Control Severance Agreement (Pinnacle Systems Inc)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee she is waiving and releasing any rights the Employee she may have under the Age Discrimination in Employment Act of 1967 1967, as amended ("ADEA") and that this waiver and release is knowing and voluntary. The Employee and the Company agree agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee she has been advised by this writing that as required by the ADEA that: (a) she has the Employee should right to and is advised to consult with an attorney prior to executing this Agreement; ; (b) the Employee she has at least twenty-one (21) days within which to consider this Agreement; Agreement (although she may choose to execute this Agreement earlier); (c) the Employee she has seven (7) days following the execution of this Agreement by the Parties to revoke the AgreementAgreement after which time, the Company shall pay to Employee the Consideration set forth above and implement the forgiveness of the amounts set forth in the Full Consideration; and and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Storage Technology Corp)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee he is waiving and releasing any rights the Employee may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date effective date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement Agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee has been advised notified by this writing that Agreement that: (a) the Employee should consult with an attorney prior PRIOR to executing this Agreement; (b) the Employee has at least twenty-one (21) days within which to consider this Agreement; (c) the Employee has seven (7) days following the execution of this Agreement by the Parties parties to revoke the this Agreement; and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should must be in writing and must be hand-delivered to the Company Xxxx Xxxxx, Vice President, Legal, and General Counsel, by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Informix Corp)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee he is waiving and releasing any rights the Employee he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement Agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee he has been advised by this writing that (a) the Employee he should consult with an attorney prior to executing this Agreement; (b) the Employee he has at least twenty-one (21) days within which to consider this Agreement; Agreement (c) the Employee he has seven (7) days following the execution of this Agreement by the Parties parties to revoke the Agreement; and (d) this Agreement shall will not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company Chief Financial Officer at Polycom by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 1 contract

Samples: Supplemental Release (Polycom Inc)

Acknowledgment of Waiver of Claims under ADEA. The Employee Xxxxx acknowledges that the Employee he is waiving and releasing any rights the Employee he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this the waiver and release is knowing and voluntary. The Employee Xxxxx and the Company agree that this the waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this AgreementDate. The Employee Xxxxx acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which the Employee Xxxxx was already entitled. The Employee Xxxxx further acknowledges that the Employee he has been advised by this the Company in writing that (a) the Employee he should consult with an attorney prior to executing this Agreement; (b) the Employee he has at least twenty-one (21) 21 days within which to consider this Agreement; (c) the Employee he has seven (7) days following the execution of this Agreement by the Parties parties to revoke this Section 10 (the Agreement"Revocation Period"); and (d) Sections 4, 5 and 6 (other than Section 6(a)) and Section 9 (to the extent, but only the extent, it constitutes a release by the Company of Xxxxx and his related Released Parties) of this Agreement shall not be effective until the revocation period Revocation Period has expired. Any revocation should be in writing and delivered expired without Xxxxx revoking or purporting to the Company by the close revoke this Section 10 or any other provision of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Vicinity Corp)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee is waiving and releasing any rights the Employee may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement Agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee has been advised by this writing that (a) the Employee should consult with an attorney prior to executing this Agreement; (b) the Employee has at least twenty-one (21) days within which to consider this Agreement; (c) the Employee has at least seven (7) days following the execution of this Agreement by the Parties parties to revoke the Agreement; and (d) this Agreement shall not be effective until the 3 revocation period has expired. Any revocation should be in writing and delivered to the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 1 contract

Samples: Severance Agreement (McMS Inc /De/)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee she is waiving and releasing any rights the Employee may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date effective date of this AgreementRelease . The Employee acknowledges that the consideration given for this waiver and release agreement Release is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee has been advised notified by this writing that Release that: (a) the Employee should consult with an attorney prior PRIOR to executing this AgreementRelease; (b) the Employee has at least twenty-one (21) days within which to consider this AgreementRelease; (c) the Employee has seven (7) days following the execution of this Agreement Release by the Parties parties to revoke the Agreementthis Release; and (d) this Agreement Release shall not be effective until the revocation period has expired. Any revocation should must be in writing and must be hand-delivered to the Company Xxxx Xxxxx, Vice President, Legal, and General Counsel, by the close of business on the seventh (7th) day from the date that the Employee signs this AgreementRelease.

Appears in 1 contract

Samples: Separation Agreement (Informix Corp)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee is waiving and releasing any rights the Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee has been advised by this writing that (a) the Employee should consult with an attorney prior to executing this Agreement; (b) the Employee has at least twenty-one (21) days within which to consider this Agreement; (c) the Employee has seven (7) days following the execution of this Agreement by the Parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company by the close of business on the seventh (7th7 th) day from the date that the Employee signs this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Xoma LTD /De/)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges ----------------------------------------------- that the Employee he is waiving and releasing any rights the Employee he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this the waiver and release is knowing and voluntary. The Employee and the Company agree that this the waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this the Agreement. The Employee acknowledges that the consideration given for this the waiver and release agreement in this Agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee he has been advised by this writing that (a) the Employee he should consult with an attorney prior to executing this the Agreement; (b) the Employee he has at least twenty-one (21) days within which to consider this the Agreement; (c) the Employee he has at least seven (7) business days following the his execution of this the Agreement by the Parties to revoke the Agreement; and (d) this the Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 1 contract

Samples: Settlement Agreement (Vina Technologies Inc)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee he is waiving and releasing any rights the Employee may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement Agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee has been advised by this writing that (a) the Employee should consult with an attorney prior PRIOR to executing this Agreement; (b) the Employee has at least twenty-one (21) days within which to consider this Agreement; (c) the Employee has seven (7) days following the execution of this Agreement by the Parties parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company Xx. Xxxxx Page, Vice-President Human Resources, Informix Software, Inc., by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Informix Corp)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee he is waiving and releasing any rights the Employee he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee he has been advised by this writing that (a) the Employee he should consult with an attorney prior to executing this Agreement; (b) the Employee he has at least twenty-one (21) days within which to consider this Agreement; (c) the Employee he has seven (7) days following the execution of this Agreement by the Parties parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to an authorized officer of the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 1 contract

Samples: Management Retention Agreement (C Cube Microsystems Inc/De)

Acknowledgment of Waiver of Claims under ADEA. The Employee understands and acknowledges that the Employee is waiving and releasing any rights the Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) ), and that this waiver and release is knowing and voluntary. The Employee understands and the Company agree agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee understands and acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which the Employee was already entitled. The Employee further understands and acknowledges that the Employee has been advised by this writing that that: (a) the Employee should consult with an attorney prior to executing this Agreement; (b) the Employee has at least twenty-one (21) days (March 3, 2022) within which to consider this Agreement; (c) the Employee has seven (7) days following the Employee’s execution of this Agreement by the Parties to revoke the this Agreement; and (d) this Agreement shall not be effective until after the revocation period has expired. Any revocation should be in writing In the event Employee signs this Agreement and delivered returns it to the Company by in less than the close of business on 21-day period identified above, Employee hereby acknowledges that Employee has freely and voluntarily chosen to waive the seventh (7th) day from the date that the Employee signs time period allotted for considering this Agreement.. DocuSign Envelope ID: 58648A19-22AE-4A20-92B9-01F81FE554E2

Appears in 1 contract

Samples: Separation Agreement (Marqeta, Inc.)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee is waiving and releasing any rights the Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee has been advised by this writing that (a) the Employee should consult with an attorney prior to executing this Agreement; (b) the Employee has at least twenty-one twenty‑one (21) days within which to consider this Agreement; (c) the Employee has seven (7) days following the execution of this Agreement by the Parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Legal Department of the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 1 contract

Samples: Change of Control Severance Agreement (XOMA Corp)

Acknowledgment of Waiver of Claims under ADEA. The Employee understands and acknowledges that the Employee is waiving and releasing any rights the Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) ), and that this waiver and release is knowing and voluntary. The Employee understands and the Company agree agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee understands and acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which the Employee was already entitled. The Employee further understands and acknowledges that the Employee has been advised by this writing that that: (a) the Employee should consult with an attorney prior to executing this Agreement; (b) the Employee has at least twenty-one (21) days within which to consider this Agreement; (c) the Employee has seven (7) days following the Employee’s execution of this Agreement by the Parties to revoke the this Agreement; and (d) this Agreement shall not be effective until after the revocation period has expired. Any revocation should be in writing In the event Employee signs this Agreement and delivered returns it to the Company by in less than the close of business on 21-day period identified above, Employee hereby acknowledges that Employee has freely and voluntarily chosen to waive the seventh (7th) day from the date that the Employee signs time period allotted for considering this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Marqeta, Inc.)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee is waiving and releasing any rights the Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) ), and that this waiver and release is knowing and voluntary. The Employee and the Company agree 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. The Employee acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee has been advised by this writing that that: (a) the Employee should consult with an attorney prior to executing this Agreement; (b) the Employee has at least twenty-one (21) days within which to consider this Agreement; (c) the Employee has seven (7) days following the Employee’s execution of this Agreement by the Parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.;

Appears in 1 contract

Samples: Transition Agreement and Release (Momentive Global Inc.)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee he is waiving and releasing any rights the Employee he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this AgreementTermination Date. The Employee acknowledges that the consideration given for this waiver and release agreement Agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee he has been advised by this writing that (a) the Employee he should consult with an attorney prior to executing this Agreement; (b) the Employee he has at least twentyforty-one five (2145) days within which to consider this Agreement; (c) the Employee he has seven (7) days following the execution of this Agreement by the Parties parties to revoke the Agreement; and (d) this Agreement shall will not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company Chief Financial Officer at Polycom by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 1 contract

Samples: Retention Agreement (Polycom Inc)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee he is waiving and releasing any rights the Employee may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement Agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee has been advised notified by this writing that Release that: (a) the Employee should consult with an attorney prior PRIOR to executing this AgreementRelease; (b) the Employee has at least twenty-one (21) days within which to consider this AgreementRelease; (c) the Employee has seven (7) days following the execution of this Agreement Release by the Parties parties to revoke the Agreementthis Release; and (d) this Agreement Release shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company Xxxx Xxxxx, Vice President, Legal, and General Counsel by the close of business on the seventh (7th) day from the date that the Employee signs this AgreementRelease.

Appears in 1 contract

Samples: Separation Agreement (Informix Corp)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee he is waiving and releasing any rights the Employee he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement Agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee he has been advised by this writing that (a) the Employee he should consult with an attorney prior to executing this Agreement; (b) the Employee he has at least twenty-one (21) days within which to consider this Agreement; (c) the Employee he has seven (7) days following the execution of this Agreement by the Parties parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company Xxxx Xxxx at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxxxxxxxxx 00000, by the close of business on the seventh (7th) day from the date that the Employee signs this Agreement.

Appears in 1 contract

Samples: Settlement Agreement (Integrated Telecom Express Inc/ Ca)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee he is waiving and releasing any rights the Employee he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this AgreementRelease. The Employee acknowledges that the consideration consid­eration given for this waiver and release agreement Release is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee he has been advised by this writing that (a) the Employee he should consult with an attorney prior to executing this AgreementRelease; (b) the Employee he has at least twenty-one (21) days within which to consider this AgreementRelease; (c) the Employee he has seven (7) days following the execution of this Agreement Release by the Parties to revoke the AgreementRelease; and (d) this Agreement Release shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to a member of the Company Board of Directors by the close of business on the seventh (7th) day from the date that the Employee signs this AgreementRelease.

Appears in 1 contract

Samples: Management Retention Agreement (3com Corp)

Acknowledgment of Waiver of Claims under ADEA. The Employee acknowledges that the Employee he is waiving and releasing any rights the Employee he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. The Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Employee acknowledges that the consideration given for this waiver and release agreement Agreement is in addition to anything of value to which the Employee was already entitled. The Employee further acknowledges that the Employee he has been advised by this writing that (a) the Employee he should consult with an attorney prior to executing this Agreement; (b) the Employee he has at least twenty-one (21) days from the date he receives this Agreement within which to consider this Agreement; (c) the Employee he has at least seven (7) days following the execution of this Agreement by the Parties parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to the Company by the Geraxx X. Xxxxxxx, xx close of business on the seventh (7th) day from the date that the Employee signs signed this Agreement. Employee understands that, although Employee has twenty-one (21) days to consider the Agreement, Employee may accept the terms of the Agreement at any time within those twenty-one (21) days.

Appears in 1 contract

Samples: Settlement Agreement (Avistar Communications Corp)

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