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

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [twenty-one (21)] days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven (7) business days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired without revocation; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the [twenty-one (21)] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, and such revocation must be received no later than the seventh (7th) business day after Executive signs this Agreement.

Appears in 4 contracts

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

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Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [twenty-one (21)] 21 days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven (7) business days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the [twenty-one (21)] 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, and such revocation must be received no later than the seventh (7th) business day after Executive signs this Agreement.

Appears in 4 contracts

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

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs executes this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been is hereby advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [twenty-one (21)21/45] days within which to consider this Agreement, and the Parties parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven (7) 7 business days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the [twenty-one (21)21/45] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, and such revocation must be received no later than the seventh (7th) business day after Executive signs this Agreement.

Appears in 3 contracts

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

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: that (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [at least twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven (7) business days following Executive’s the execution of this Agreement by the Parties to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall will not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns delivers it to the Company in less than the [twenty-one (21)] day 21)-day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive acknowledges and understands that revocation must notify the Company in writing sent be accomplished by a written notification to the Chief Executive Legal Officer of the CompanyCompany that is received prior to the Effective Date. The Parties agree that changes, and such revocation must be received no later than whether material or immaterial, do not restart the seventh running of the twenty-one (7th) business day after Executive signs this Agreement21)-day period.

Appears in 3 contracts

Samples: Transition Agreement, Transition Agreement and Release of Claims (Cornerstone OnDemand Inc), Transition Agreement and Release of Claims (Cornerstone OnDemand Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [twenty-one (21)21][45] days within which to consider this Agreement, and the Parties expressly agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven (7) 7 business days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the [twenty-one (21)] 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, and such revocation must be received no later than the seventh (7th) business day after Executive signs this Agreement.

Appears in 3 contracts

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

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Employee acknowledges that Executive Employee is waiving and releasing any rights Executive Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive understands and Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive Employee has been advised by this writing that: (a) Executive has the right to and Employee should consult with an attorney prior to executing this Agreement; (b) Executive Employee has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive Employee has seven (7) business days following ExecutiveEmployee’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Employee signs this Agreement and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive Employee hereby acknowledges that Executive Employee has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, Employee acknowledges and such understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received no later than prior to the seventh (7th) business eighth day after Executive Employee signs this Agreement. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 3 contracts

Samples: Separation Agreement (UpHealth, Inc.), Employment Agreement (Ampio Pharmaceuticals, Inc.), Separation Agreement (aTYR PHARMA INC)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven (7) business days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, acknowledges and such understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received no later than prior to the seventh (7th) business eighth day after Executive signs this Agreement. The parties agree that changes to this Agreement, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 3 contracts

Samples: Employment Agreement (KC Holdco, LLC), Employment Agreement (KC Holdco, LLC), Employment Agreement (KC Holdco, LLC)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: that (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [twenty-one (21)] at least 21 days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven (7) business 7 days following Executive’s the execution of this Agreement by the parties to revoke the (1) References to California statutes will only be included in this Agreement pursuant to written notice if Executive resides in California at the time Executive’s employment relationship is terminated. Otherwise, statutes specific to the General Counsel state in which Executive resides at the time of the Companytermination will be substituted. Agreement; (d) this Agreement shall will not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns delivers it to the Company in less than the [twenty-one (21)] day 21 -day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive acknowledges and understands that revocation must notify the Company in writing sent be accomplished by a written notification to the Chief Executive Legal Officer of the Company, and such revocation must be Company that is received no later than prior to the seventh (7th) business day after Executive signs this Agreement.Effective Date.](2)

Appears in 2 contracts

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

Acknowledgment of Waiver of Claims under ADEA. Executive Consultant understands and acknowledges that Executive Consultant is waiving and releasing any rights Executive Consultant may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive Consultant understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive Consultant signs this Agreement. Executive Consultant understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Consultant was already entitled. Executive Consultant further understands and acknowledges that Executive Consultant has been advised by this writing that: (a) Executive has the right to and Consultant should consult with an attorney prior to executing this Agreement; (b) Executive Consultant has [twenty-one (21)] 21 days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive Consultant has seven (7) business days following ExecutiveConsultant’s execution of this Agreement to revoke the releases contained in this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) the releases under this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive Consultant from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Consultant signs this Agreement and returns it to the Company IGM in less than the [twenty21-one (21)] day period identified above, Executive Consultant hereby acknowledges that Executive Consultant has freely knowingly and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, Consultant acknowledges and such understands that revocation must be accomplished by a written notification to the person executing this Agreement on IGM’s behalf that is received no later than prior to the seventh (7th) business eighth day after Executive the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period. Consultant’s releases will be effective on the eighth day after he signs and returns the supplemental release contained in this AgreementExhibit A-2.

Appears in 2 contracts

Samples: Transition and Consulting Agreement (IGM Biosciences, Inc.), Transition and Consulting Agreement (IGM Biosciences, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [twentyforty-one five (21)] 45) days within which to consider this Agreement; (c) as set forth in Exhibit B herein, Executive has been advised in writing by the Company of the class, unit, or group of individuals covered by the reduction in force, the eligibility factors for the reduction in force, and the Parties agree that such time period to review this Agreement shall job titles and ages of all individuals who were and were not be extended upon any material or immaterial changes to this Agreementselected; (cd) Executive has seven (7) business days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (de) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (ef) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the [twenty45-one (21)] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, acknowledges and such understands that revocation must be accomplished by a written notification to Nxxxxx Xxxxxx ([ ]@mxxxxxxxxxxx.xxx) that is received no later than prior to the seventh (7th) business Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 45-day after Executive signs this Agreementperiod.

Appears in 2 contracts

Samples: Separation Agreement (Meta Materials Inc.), Separation Agreement (Meta Materials Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive Employee understands and acknowledges that Executive Employee is waiving and releasing any rights Executive Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive Employee understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive Employee signs this AgreementSupplemental Release. Executive Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive Employee has been advised by this writing that: (a) Executive has the right to and Employee should consult with an attorney prior to executing this AgreementSupplemental Release; (b) Executive Employee has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this AgreementSupplemental Release; (c) Executive Employee has seven (7) business days following ExecutiveEmployee’s execution of this Agreement Supplemental Release to revoke this Agreement pursuant to written notice to the General Counsel of the CompanySupplemental Release; (d) this Agreement Supplemental Release shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Supplemental Release or the Transition Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Employee signs this Agreement Supplemental Release and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive Employee hereby acknowledges that Executive Employee has knowingly, freely and voluntarily chosen to waive the time period allotted for considering this AgreementSupplemental Release. To revoke Employee acknowledges and understands that any revocation of this Agreement, Executive Supplemental Release must notify the Company in writing sent be accomplished by a written notification to the Chief Executive Officer person executing this Supplemental Release on the Company’s behalf that is received prior to the Supplemental Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the Company, and such revocation must be received no later than the seventh (7th) business 21-day after Executive signs this Agreementperiod.

Appears in 2 contracts

Samples: Transition Agreement and Release (Inogen Inc), Transition Agreement and Release (Inogen Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive Employee understands and acknowledges that Executive Employee is waiving and releasing any rights Executive Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive Employee understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive Employee signs this Agreement. Executive Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive Employee has been advised by this writing that: (a) Executive has the right to and Employee should consult with an attorney prior to executing this Agreement; (b) Executive Employee has [twentyforty-one five (21)] 45) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive as set forth in Exhibits A, B, and C hereto, Employee has been advised in writing by the Company of the class, unit, or group of individuals covered by the reduction in force, the eligibility factors for the reduction in force, and the job titles and ages of all individuals who were and were not selected; (c) Employee has seven (7) business days following ExecutiveEmployee’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Employee signs this Agreement and returns it to the Company in less than the [twenty45-one (21)] day period identified above, Executive Employee hereby acknowledges that Executive Employee has freely knowingly and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, Employee acknowledges and such understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received no later than prior to the seventh (7th) business Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 45-day after Executive signs this Agreementperiod.

Appears in 2 contracts

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

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Employee acknowledges that Executive Employee is waiving and releasing any rights Executive Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive understands and Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive Employee has been advised by this writing that: (a) Executive has the right to and Employee should consult with an attorney prior to executing this Agreement; (b) Executive Employee has [twentyforty-one five (21)] 45) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive Employee has seven (7) business days following Executive’s his execution of this Agreement to revoke this Agreement pursuant by providing written notification to written notice to Xxxx Xxxx, Vice President of Human Resources, 0000 Xxxx XxXxxxxx Xxxx, Phoenix, AZ 85008 ATTN: Human Resources, Xxxx.Xxxx@xxxxxx.xxx, before the General Counsel end of the Companysuch seven-day period (“Revocation Period”); (d) this Agreement shall not be effective until after the revocation period Revocation Period has expired without revocationexpired; (e) the release contained in this section does not apply to rights and claims that may arise after the date on which Employee signs this Agreement; (f) Employee knowingly and voluntarily accepts the terms of this Agreement and (eg) nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. The job titles, ages and other information about the individuals in Employee’s Decisional Unit who are being terminated pursuant to the Company’s reduction in force of those individuals in the Decisional Unit who have not been selected for termination in the reduction in force are set forth in the attached Exhibit A to this Agreement. In the event Executive Employee signs this Agreement and returns it to the Company in less than the [twenty45-one (21)] day period identified above, Executive Employee hereby acknowledges that Executive Employee has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke Employee further agrees that any change to this Agreement, Executive must notify whether material or immaterial, will not restart the Company in writing sent forty-five (45) day period for Employee to consider the Chief Executive Officer terms of this Agreement. Upon signing this Agreement Employee’s general release of claims, except for the CompanyADEA Waiver, is effective immediately, and such revocation must be received no later than the seventh (7th) business day after Executive signs this Agreementnot revocable.

Appears in 2 contracts

Samples: Separation Agreement (On Semiconductor Connectivity Solutions, Inc.), Separation Agreement (On Semiconductor Connectivity Solutions, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: that (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [twenty-one (21)] at least 21 days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven (7) business 7 days following Executive’s the execution of this Agreement by the parties to revoke the (1) References to California statutes will only be included in this Agreement pursuant to written notice if Executive resides in California at the time Executive’s employment relationship is terminated. Otherwise, statutes specific to the General Counsel state in which Executive resides at the time of the Companytermination will be substituted. Agreement; (d) this Agreement shall will not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns delivers it to the Company in less than the [twenty21-one (21)] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive acknowledges and understands that revocation must notify the Company in writing sent be accomplished by a written notification to the Chief Executive Legal Officer of the Company, and such revocation must be Company that is received no later than prior to the seventh (7th) business day after Executive signs this Agreement.Effective Date.](2)

Appears in 2 contracts

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

Acknowledgment of Waiver of Claims under ADEA. The Executive understands and acknowledges that the Executive is waiving and releasing any rights the Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. The Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Effective Date of this Release. The Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which the Executive was already entitled. The Executive further understands and acknowledges that the Executive has been advised by this writing that: (a) the Executive has the right to and should consult with an attorney prior to executing this AgreementRelease; (b) the Executive has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; Release;[3] (c) the Executive has seven (7) business days following the Executive’s execution of this Agreement Release to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyRelease; (d) this Agreement Release shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement Release prevents or precludes the Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event the Executive signs this Agreement Release and returns it to the Company in less than the [twenty21-one (21)] day period identified above, the Executive hereby acknowledges that the Executive has freely and voluntarily chosen to waive the time period allotted for considering this AgreementRelease. To revoke this Agreement, The Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, acknowledges and such understands that revocation must be accomplished by a written notification to the person executing this Release on the Company’s behalf that is received no later than prior to the seventh (7th) business eighth day after the Executive signs this AgreementRelease. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period. _____________________________ 2 The Company reserves the right to update this release language to account for changes in applicable law.

Appears in 2 contracts

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

Acknowledgment of Waiver of Claims under ADEA. Executive understands The Participant acknowledges that, pursuant to Section 3 and acknowledges that Executive 4 of this Release, the Participant is waiving and releasing any rights Executive the Participant may have under the Age Discrimination in Employment Act of 1967 (“ADEA”)ADEA at the Closing Date or at the applicable Variable Payment Date, and that this waiver and release any such ADEA Waiver is knowing and voluntary. Executive understands The Participant and agrees the Company agree that this waiver and release any ADEA Waiver does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this AgreementClosing Date or the applicable Variable Payment Date, as the case may be. Executive understands and The Participant acknowledges that the consideration given for this the irrevocable waiver and release releases specified in this Release is in addition to anything of value to which Executive the Participant was already entitled. Executive The Participant further understands and acknowledges that Executive the Participant has been advised by this writing that: that (a) Executive has the right to and Participant should consult with an attorney prior to executing this AgreementRelease; (b) Executive the Participant has [had at least twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this AgreementRelease; (c) Executive the Participant has seven (7) business days following Executive’s execution of this Agreement the Closing Date or the applicable Variable Payment Date, as the case may be, to revoke this Agreement pursuant to written notice to evoke the General Counsel ADEA Waiver portion of the CompanyParticipant’s waiver and release in respect of Specified Employment Matters; (d) this Agreement any such ADEA Waiver portion of the Participant’s waiver and release in respect of Specified Employment Matters shall not be effective until after the applicable revocation period has expired without revocation; and (e) nothing in this Agreement ADEA Waiver prevents or precludes Executive the Participant from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In Any revocation of the event Executive signs this Agreement ADEA Waiver portion of the Participant’s waiver and returns it to the Company release in less than the [twenty-one (21)] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company respect of a Specified Employment Matter should be in writing sent and delivered to the Chief Executive Officer of the Company, and such revocation must be received no later than Attention: Chief Executive Officer, at the Company’s principal offices by close of business on the seventh (7th) business day after Executive signs this Agreementfrom the Closing Date or the applicable Variable Payment Date, as the case may be.

Appears in 2 contracts

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

Acknowledgment of Waiver of Claims under ADEA. Executive Employee understands and acknowledges that Executive Employee is waiving and releasing any rights Executive Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive Employee understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive Employee signs this Agreement. Executive Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive Employee has been advised by this writing that: (a) Executive has the right to and Employee should consult with an attorney prior to executing this Agreement; (b) Executive Employee has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive Employee has seven (7) business days following ExecutiveEmployee’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Employee signs this Agreement and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive Employee hereby acknowledges that Executive Employee has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, Employee acknowledges and such understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received no later than prior to the seventh (7th) business Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day after Executive signs this Agreementperiod.

Appears in 2 contracts

Samples: Executive Employment Agreement (Osprey Technology Acquisition Corp.), Separation Agreement (Alpine Immune Sciences, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive Consultant understands and acknowledges that Executive Consultant is waiving and releasing any rights Executive Consultant may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive Consultant understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive Consultant signs this Agreement. Executive Consultant understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Consultant was already entitled. Executive Consultant further understands and acknowledges that Executive Consultant has been advised by this writing that: (a) Executive has the right to and Consultant should consult with an attorney prior to executing this Agreement; (b) Executive Consultant has [twenty-one (21)] 21 days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive Consultant has seven (7) business days following ExecutiveConsultant’s execution of this Agreement to revoke the releases contained in this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) the releases under this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive Consultant from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Consultant signs this Agreement and returns it to the Company IGM in less than the [twenty21-one (21)] day period identified above, Executive Consultant hereby acknowledges that Executive Consultant has freely knowingly and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, Consultant acknowledges and such understands that revocation must be accomplished by a written notification to the person executing this Agreement on IGM’s behalf that is received no later than prior to the seventh (7th) business eighth day after Executive signs this Agreementthe Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period. Consultant’s releases will be effective on the eighth day after the Effective Date (the “Release Effective Date”).

Appears in 2 contracts

Samples: Transition and Consulting Agreement (IGM Biosciences, Inc.), Transition and Consulting Agreement (IGM Biosciences, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release Release is knowing and voluntary. Executive understands and agrees that this waiver and release Release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this AgreementRelease. Executive understands and acknowledges that the consideration given for this waiver and release Release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this AgreementRelease; (b) Executive has [twenty-one (21)] days within which to consider this AgreementRelease, and the Parties parties agree that such time period to review this Agreement Release shall not be extended upon any material or immaterial changes to this AgreementRelease; (c) Executive has seven (7) business days following Executive’s execution of this Agreement Release to revoke this Agreement Release pursuant to written notice to the [General Counsel Counsel] of the Company; (d) this Agreement Release shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement Release prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement Release and returns it to the Company in less than the [twenty-one (21)] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this AgreementRelease. To revoke this Agreement, Executive must notify This Release will become effective on the Company in writing sent to the Chief Executive Officer of the Company, and such revocation must be received no later than day immediately following the seventh (7th) business day after Executive signs signed this AgreementRelease (the “Effective Date”). Executive further understands that Executive will not be given any severance benefits under Section 4(b) of the Employment Agreement unless this Release is effective on or before the date that is fifty-five (55) days following the date of Executive’s termination of employment.

Appears in 2 contracts

Samples: Employment Agreement (Connect Biopharma Holdings LTD), Employment Agreement (Connect Biopharma Holdings LTD)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this AgreementRelease. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this AgreementRelease; (b) Executive has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Release Agreement; (c) Executive has seven (7) business days following Executive’s execution of this Release Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyRelease Agreement; (d) this Release Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Release Agreement or the Transition Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Release Agreement and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Release Agreement. To revoke Executive acknowledges and understands that any revocation of this Agreement, Executive Release Agreement must notify the Company in writing sent be accomplished by a written notification to the Chief Executive Officer person executing this Release Agreement on the Company’s behalf that is received prior to the Supplemental Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the Company, and such revocation must be received no later than the seventh (7th) business 21-day after Executive signs this Agreementperiod.

Appears in 2 contracts

Samples: Employment Agreement (Nutex Health, Inc.), Employment Agreement (Rover Group, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Employee acknowledges that Executive Employee is waiving and releasing any rights Executive Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive understands and Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive Employee has been advised by this writing that: (a) Executive has the right to and Employee should consult with an attorney prior to executing this Agreement; (b) Executive Employee has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive Employee has seven (7) business days following ExecutiveEmployee’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Employee signs this Agreement and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive Employee hereby acknowledges that Executive Employee has freely knowingly and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, Employee acknowledges and such understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received no later than prior to the seventh (7th) business Effective Date. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day after Executive signs this Agreementperiod.

Appears in 1 contract

Samples: Separation Agreement (Couchbase, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive she is waiving and releasing any rights Executive she may have under the Age Discrimination in Employment Act of 1967 ("ADEA”), ") and that this waiver and release is knowing and voluntary. Executive understands and agrees the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this AgreementAgreement (as defined in Section 14(m) below). Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive she has been advised by this writing that: that (a) Executive has the right to and she should consult with an attorney prior to executing this Agreement; (b) Executive she has [at least twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive she has seven (7) business days following Executive’s her execution of this Agreement to revoke this the Agreement pursuant to written notice to (the General Counsel of the Company; (d) this Agreement "Revocation Period"). This waiver and release shall not be effective until the Revocation Period has expired, and only then if she does not revoke it. In order to revoke this waiver and release, she must deliver to the Company's Chief Executive Officer, by no later than seven (7) days after she executes this Agreement, a letter stating that she is revoking it. If she does not deliver such a letter, then this waiver and release shall become effective upon expiration of seventh day after she executes the revocation period has expired without revocation; Agreement. Executive understands that if she chooses to revoke this waiver and release within seven (e7) nothing days after she signs it, Executive will not receive any severance benefits and the Agreement will have no effect. Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver and release under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the [twenty-one (21)] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, and such revocation must be received no later than the seventh (7th) business day after Executive signs this Agreement.

Appears in 1 contract

Samples: Separation and Release Agreement (Brio Software Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 ("ADEA"), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Separation Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive he has been advised by this writing that: (a) Executive has the right to and he should consult with an attorney prior to executing this Separation Agreement; (b) Executive he has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Separation Agreement; (c) Executive he has seven (7) business days following Executive’s his execution of this Separation Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanySeparation Agreement; (d) this Separation Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Separation Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Separation Agreement and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive hereby acknowledges that Executive he has freely and voluntarily chosen to waive the time period allotted for considering this Separation Agreement. To revoke this Agreement, Executive acknowledges and understands that revocation must notify the Company in writing sent be accomplished by a written notification to the Chief Executive Officer Chairman of the Company’s Board of Directors with a copy to its General Counsel that is received prior to the Effective Date. The Parties agree that changes to this Separation Agreement, and such revocation must be received no later than whether material or immaterial, do not restart the seventh (7th) business running of the 21-day after Executive signs this Agreementconsideration period referenced above.

Appears in 1 contract

Samples: Separation Agreement (National Instruments Corp)

Acknowledgment of Waiver of Claims under ADEA. Executive Employee understands and acknowledges that Executive Employee is waiving and releasing any rights Executive Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive Employee understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive Employee signs this Agreement. Executive Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive Employee has been advised by this writing that: (a) Executive has the right to and Employee should consult with an attorney prior to executing this Agreement; (b) Executive Employee has [twentyforty-one five (21)] 45) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive as set forth in Exhibits A, B, and C hereto, Employee has been advised in writing by the Company of the class, unit, or group of individuals covered by the reduction in force, the eligibility factors for the reduction in force, and the job titles and ages of all individuals who were and were not selected; (d) Employee has seven (7) business days following ExecutiveEmployee’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (de) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (ef) nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Employee signs this Agreement and returns it to the Company in less than the [twenty45-one (21)] day period AMT Separation Agreement - Xxxxx Xxxxxxx identified above, Executive Employee hereby acknowledges that Executive Employee has freely knowingly and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, Employee acknowledges and such understands that revocation must be accomplished by a written notification received no later than prior to the seventh (7th) business Effective Date, with such written notification provided to the person executing this Agreement on the Company’s behalf. The Parties agree that changes, whether material or immaterial, do not restart the running of the 45-day after Executive signs this Agreementperiod.

Appears in 1 contract

Samples: Separation Agreement (Applied Molecular Transport Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive specifically understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 1967, as amended (“ADEA”see 29 US.C. sec. 626), provides Executive the right to bring a claim against the Released Parties if Executive believes that Executive has been discriminated against on the basis of age by any of them. Executive understands the rights afforded under this Act and agrees that Executive shall not file any claim or action against any Released Party based on any alleged violation(s) of the Age Discrimination in Employment Act, up through the date this Agreement is executed by Executive. Executive hereby waives any right to assert a claim for relief available under the Age Discrimination in Employment Act, including, but not limited to, back pay, attorneys’ fees, damages, lost benefits, reinstatement or injunctive relief for any act or omission by Company up through the date of Executive’s execution of this Agreement. This waiver and release does not apply to any claims that may arise after the date this Agreement is knowing and voluntarysigned by Executive. Executive understands and agrees that Executive may have a period of twenty-one (21) calendar days to consider this waiver and release does not apply to any rights or claims that may arise under the ADEA Agreement after the date Executive signs receives it. Executive understands that the Company has advised Executive to seek legal advice before executing this Agreement. Executive understands that this offer is revoked if this Agreement is not signed and acknowledges returned to Company by the 22nd calendar day after this Agreement is delivered. Executive further acknowledges, understands and agrees that if Executive executes this Agreement prior to the consideration given for expiration of the twenty-one (21) day period, the decision to do so is Executive’s and Executive’s alone, and that as a result, Executive has voluntarily, knowingly, and willingly waived the twenty-one (21) day period. Executive further acknowledges, understands and agrees that this waiver Agreement shall not become effective or enforceable until seven (7) calendar days after it is executed (the “Effective Date”) and release is that during that seven (7) calendar day period, Executive may revoke this Agreement. Executive agrees to deliver or cause to be delivered any such revocation in addition writing to anything Human Resources by email at [insert] or mailed to [insert address] within seven (7) calendar days of value to which Executive was already entitledexecution of this Agreement. Executive further understands and acknowledges agrees that Executive has been advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [twenty-one (21)] days within which to consider this Agreement, and the Parties agree that any such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven (7) business days following Executive’s execution revocation of this Agreement to revoke by Executive shall render this Agreement pursuant to written notice wholly null and void and therefore Executive would not be entitled to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired without revocation; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the [twenty-one (21)] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, and such revocation must be received no later than the seventh (7th) business day after Executive signs this AgreementSeparation Payment.

Appears in 1 contract

Samples: Executive Employment Agreement (American Vanguard Corp)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 1 References to California statutes will only be included in this Agreement if Executive resides in California at the time Executive’s employment relationship is terminated. Otherwise, statutes specific to the state in which Executive resides at the time of termination will be substituted. (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: that (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [twenty-one (21)] at least 21 days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven (7) business 7 days following Executive’s the execution of this Agreement by the parties to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall will not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns delivers it to the Company in less than the [twenty21-one (21)] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive acknowledges and understands that revocation must notify the Company in writing sent be accomplished by a written notification to the Chief Executive Legal Officer of the Company, and such revocation must be Company that is received no later than prior to the seventh (7th) business day after Executive signs this Agreement.Effective Date.]2

Appears in 1 contract

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

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [twenty-one (21)] 21 days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven (7) business days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel Chief Financial Officer of the Company; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the [twenty-one (21)] 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, and such revocation must be received no later than the seventh (7th) business day after Executive signs this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Sight Sciences, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Employee acknowledges that Executive Employee is waiving and releasing any rights Executive Employee may have under the Age Discrimination in Employment Act of 1967 ("ADEA"), and that this waiver and release is knowing and voluntary. Executive understands and Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive Employee signs this Agreement. Executive understands and Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive Employee has been advised by this writing that: (a) Executive has the right to and Employee should consult with an attorney prior to executing this Agreement; (b) Executive Employee has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive Employee has seven (7) business days following ExecutiveEmployee’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Employee signs this Agreement and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive Employee hereby acknowledges that Executive Employee has freely knowingly and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke Employee acknowledges and understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received prior to the Effective Date. The Parties agree that changes to this Agreement, Executive must notify whether material or immaterial, do not restart the Company in writing sent to the Chief Executive Officer running of the Company, and such revocation must be received no later than the seventh (7th) business 21-day after Executive signs this Agreementperiod.

Appears in 1 contract

Samples: Separation Agreement (Inogen Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive The Employee understands and acknowledges that Executive is waiving and releasing any rights Executive the Employee may have under the Age Discrimination in Employment Act of 1967 1967, as amended, and the Older Workers’ Benefit Protection Act, as amended (collectively, “ADEA”), and that this waiver and release (the “ADEA Release”) is knowing and voluntary. Executive The Employee understands and agrees that this waiver and release ADEA Release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Release Agreement. Executive understands and acknowledges that the consideration given for this waiver and release ADEA Release is in addition to anything of value to which Executive the Employee was already entitled. Executive The Employee further understands and acknowledges that Executive the Employee has been advised by this writing that: (a) Executive has the right to and Employee should consult with an attorney prior to executing this Release Agreement, including this ADEA Release; (b) Executive the Employee has [twenty-one (21)] ) days within which to consider the ADEA Release contained in this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Release Agreement; (c) Executive the Employee has seven (7) business days following Executivethe Employee’s execution of this Release Agreement to revoke this Agreement ADEA Release pursuant to written notice to the General Counsel Chief Executive Officer of the Company; (d) this Agreement ADEA Release shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Release Agreement prevents or precludes Executive the Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEAADEA Release, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive the Employee signs this Release Agreement and returns it to the Company in less than the [twenty-one (21)] ) day period identified above, Executive the Employee hereby acknowledges that Executive the Employee has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, and such revocation must be received no later than the seventh (7th) business day after Executive signs this Release Agreement.

Appears in 1 contract

Samples: Transition Agreement (Tetra Technologies Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Employee acknowledges that Executive Employee is waiving and releasing any rights Executive Employee may have under the Age Discrimination in Employment Act of 1967 (ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands Employee fully understands, acknowledges and agrees that this waiver and release does not apply to any rights or claims that may arise under Employee has 21 days from receipt of the ADEA after the date Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [twenty-one (21)] days Agreement within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial . Any changes to this Agreement; , whether material or immaterial, do not restart the running of the 21-day consideration period. Employee further understands and agrees that Employee: (ca) Executive May sign this Agreement without waiting the full 21 days and that, if Employee has done so, Employee's decision to do so has been knowing and voluntary, and not induced through fraud, misrepresentation, a threat to withdraw or alter the offer prior to the expiration of the 21-day period, or the provision of different terms to employees who sign any release prior to expiration of the 21-day period. (b) Has a period of seven (7) business full days following Executive’s execution of this Agreement to revoke this Agreement pursuant to ("the Revocation Period") by providing written notice of such revocation to the General Counsel Xxxxx Xxxxx Xxxxxxxx at Xxxxx.XxxxxXxxxxxxx@xxxxx.xxx. (c) Has carefully read and fully understands all of the Company; provisions of this Agreement and knowingly and voluntarily agrees to all of the terms of this Agreement; (d) Is, through this Agreement, releasing the Company from any and all claims that Employee has or may have against the Company under the ADEA. Employee understands that rights or claims under the ADEA that may arise after the date this Agreement shall is executed by all parties are not be effective until after the revocation period has expired without revocation; and waived; (e) nothing Knowingly and voluntarily agrees to all of the terms set forth in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith Agreement;, and knowingly and voluntarily intends to be legally bound by all of the validity terms of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it Agreement; (f) Is advised to consult an attorney of Employee's choice. (g) Acknowledges that Employee's employment with the Company terminated as of the date set forth in less than the [twenty-one (21)] day period identified Section 1 above, Executive hereby acknowledges that Executive has freely and voluntarily chosen regardless of whether Employee elects to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, and such revocation must be received no later than the seventh (7th) business day after Executive signs this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Calix, Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands expressly acknowledges and acknowledges agrees that Executive by entering into this Agreement, he is waiving and releasing any and all rights or Claims that Executive may have under the Age Discrimination in Employment Act of 1967 (the “ADEA”), and that this waiver and release Agreement is knowing and voluntary. Executive understands and agrees that this waiver and release Agreement does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this AgreementEffective Date. Executive understands and acknowledges that the consideration given hereunder for this waiver and release Agreement is in addition to anything of value to which Executive was already entitledentitled to receive prior to entering into this Agreement. Executive further understands and acknowledges that Executive has been advised is advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive was given a copy of this Agreement on August 6, 2024, and has [been given at least twenty-one (21)] ) calendar days within which to consider this Agreement, and the Parties agree that such time period whether to review this Agreement shall not be extended upon any material or immaterial changes to this Agreementsign it; (c) if Executive accepts this Agreement, he has seven (7) business calendar days following Executive’s his execution of this Agreement hereof to revoke this Agreement pursuant to written notice to the General Counsel of the Companyit; (d) this Agreement shall will not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less fewer than the [twenty21-one (21)] calendar day period identified above, Executive hereby acknowledges that Executive he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke Executive acknowledges and understands that revocation must be accomplished by a written notification to the Chief People Officer of Stem, Inc. via email and received on or before the 7th calendar day following execution of this Agreement. In the event Executive timely revokes acceptance of this Agreement, Executive must notify the Company in writing sent shall have no obligation to the Chief Executive Officer pay, or otherwise deliver to Executive, any part of the Companyconsideration hereunder. The Parties agree that changes, and such revocation must be received no later than whether material or immaterial, do not restart the seventh (7th) business running of the 21-calendar day after Executive signs this Agreementperiod.

Appears in 1 contract

Samples: Separation and Release of Claims Agreement (Stem, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive Employee understands and acknowledges that Executive Employee is waiving and releasing any rights Executive Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive Employee understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive Employee signs this Agreement. Executive Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive Employee has been advised by this writing that: (a) Executive has the right to and Employee should consult with an attorney prior to executing this Agreement; (b) Executive Employee has [twenty-one (21)] days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive Employee has seven (7) business days following ExecutiveEmployee’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Employee signs this Agreement and returns it to the Company in less than the [twenty-one (21)] day period identified above, Executive Employee hereby acknowledges that Executive Employee has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, and such revocation must be received no later than the seventh (7th) business day after Executive signs this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Latch, Inc.)

Acknowledgment of Waiver of Claims under ADEA. The Executive understands and acknowledges that the Executive is waiving and releasing any rights Executive Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. The Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Effective Date of this Release. The Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. The Executive further understands and acknowledges that the Executive has been advised by this writing that: (a) the Executive has the right to and should consult with an attorney prior to executing this AgreementRelease; (b) the Executive has [twentyforty-one five (21)] 45) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this AgreementRelease; (c) as set forth in Exhibits A and B herein, the Executive has been advised in writing by the Company of the class, unit, or group of individuals covered by the reduction in force, the eligibility factors for the reduction in force, and the job titles and ages of all individuals who were and were not selected; (d) the Executive has seven (7) business days following the Executive’s execution of this Agreement Release to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyRelease; (de) this Agreement Release shall not be effective until after the revocation period has expired without revocationexpired; and (ef) nothing in this Agreement Release prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event the Executive signs this Agreement Release and returns it to the Company in less than the [twenty45-one (21)] day period identified above, the Executive hereby acknowledges that the Executive has freely and voluntarily chosen to waive the time period allotted for considering this AgreementRelease. To revoke this Agreement, The Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, acknowledges and such understands that revocation must be accomplished by a written notification to the person executing this Release on the Company’s behalf that is received no later than prior to the seventh (7th) business eighth day after the Executive signs this AgreementRelease. The parties agree that changes, whether material or immaterial, do not restart the running of the 45-day period.

Appears in 1 contract

Samples: Release of Claims (UpHealth, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive Employee understands and acknowledges that Executive Employee is waiving and releasing any rights Executive Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive Employee understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive Employee signs this Agreement. Executive Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive Employee has been advised by this writing that: (a) Executive has the right to and Employee should consult with an attorney prior to executing this Agreement; (b) Executive Employee has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive Employee has seven (7) business days following ExecutiveEmployee’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Employee signs this Agreement and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive Employee hereby acknowledges that Executive Employee has knowingly, freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, Employee acknowledges and such understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received no later than prior to the seventh (7th) business Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day after Executive signs this Agreementperiod.

Appears in 1 contract

Samples: Separation Agreement (TrueCar, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive Employee understands and acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive Employee understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive he has been advised by this writing that: (a) Executive has the right to and he should consult with an attorney prior to executing this Agreement; (b) Executive this release does not release or waive claims for age discrimination that arise after the Agreement is signed but does release all claims for age discrimination that arise before the effective date of the Agreement; (c) he has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (cd) Executive he has seven (7) business days following Executive’s his execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel Board of Directors of the Company, which revocation must be received by midnight of the seventh day after the Agreement has been signed; (de) this Agreement shall not be effective until after the revocation period has expired without revocationbut shall become effective immediately upon the expiration of the revocation period provided the Agreement was not timely revoked; and (ef) nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Employee signs this Agreement and returns it to the Company in less than the [twenty-one (21)] ) day period identified above, Executive Employee hereby acknowledges that Executive he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, and such revocation must be received no later than the seventh (7th) business day after Executive signs this Agreement.

Appears in 1 contract

Samples: Employment Agreement (YogaWorks, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Advisor acknowledges that Executive Advisor is waiving and releasing any rights Executive Advisor may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and Advisor agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive understands and Advisor acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Advisor was already entitled. Executive Advisor further understands and acknowledges that Executive Advisor has been advised by this writing that: (a) Executive has the right to and Advisor should consult with an attorney prior to executing this Agreement; (b) Executive Advisor has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive Advisor has seven (7) business days following ExecutiveAdvisor’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive Advisor from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Advisor signs this Agreement and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive Advisor hereby acknowledges that Executive Advisor has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, Advisor acknowledges and such understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received no later than prior to the seventh (7th) business eighth day after Executive Advisor signs this Agreement. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 1 contract

Samples: Transitional Advisory Agreement and Release (Okta, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Employee acknowledges that Executive Employee is waiving and releasing any rights Executive Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive Employee signs this AgreementRelease. Executive understands and Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive Employee has been advised by this writing that: (a) Executive has the right to and Employee should consult with an attorney prior to executing this AgreementRelease; (b) Executive Employee has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this AgreementRelease; (c) Executive Employee has seven (7) business days following ExecutiveEmployee’s execution of this Agreement Release to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyRelease; (d) this Agreement Release shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement Release prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Employee signs this Agreement Release and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive Employee hereby acknowledges that Executive Employee has freely and voluntarily chosen to waive the time period allotted for considering this AgreementRelease. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, Employee acknowledges and such understands that revocation must be accomplished by a written notification to the person executing this Release on the Company’s behalf that is received no later than prior to the seventh (7th) business Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day after Executive signs this Agreementperiod.

Appears in 1 contract

Samples: Separation Agreement (Affirm Holdings, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: that (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [at least twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven (7) business days following Executive’s the execution of this Agreement by the Parties to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall will not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns delivers it to the Company in less than the [twenty-one (21)] day 21)-day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive acknowledges and understands that revocation must notify the Company in writing sent be accomplished by a written notification to the Chief Executive Legal Officer of the CompanyCompany that is received prior to the Effective Date. The Parties agree that changes, and such revocation must be received no later than whether material or immaterial, do not restart the seventh running of the twenty-one (7th) business day after Executive signs this Agreement21)-day period.

Appears in 1 contract

Samples: Transition Agreement (Infinera Corp)

Acknowledgment of Waiver of Claims under ADEA. Executive Advisor understands and acknowledges that Executive that, to the extent applicable, Advisor is waiving and releasing any rights Executive or claims Advisor may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive Advisor understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive Advisor signs this AgreementSupplemental Release. Executive Advisor understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Advisor was already entitled. Executive Advisor further understands and acknowledges that Executive Advisor has been advised by this writing that: (a) Executive has the right to and Advisor should consult with an attorney prior to executing this AgreementSupplemental Release; (b) Executive Advisor has [had more than twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this AgreementSupplemental Release; (c) Executive Advisor has seven (7) business days following ExecutiveAdvisor’s execution of this Agreement Supplemental Release to revoke this Agreement pursuant to written notice to the General Counsel of the CompanySupplemental Release; (d) this Agreement Supplemental Release shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Supplemental Release or the Transition Agreement prevents or precludes Executive Advisor from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs Advisor acknowledges and understands that any revocation of this Agreement and returns it Supplemental Release must be accomplished by a written notification to the Company in less than person executing this Supplemental Release on the [Company’s behalf that is received prior to the Supplemental Release Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the twenty-one (21)] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, and such revocation must be received no later than the seventh (7th) business day after Executive signs this Agreement21)-day period.

Appears in 1 contract

Samples: Transition Agreement and Release (Recursion Pharmaceuticals, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [twenty-one (21)] 21 days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven (7) business days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the |US-DOCS\118255601.2|| Company in less than the [twenty-one (21)] 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, and such revocation must be received no later than the seventh (7th) business day after Executive signs this Agreement.

Appears in 1 contract

Samples: Separation Agreement (SQZ Biotechnologies Co)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Employee acknowledges that Executive Employee is waiving and releasing any rights Executive Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive understands and Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive Employee has been advised by this writing that: (a) Executive has the right to and Employee should consult with an attorney prior to executing this Agreement; (b) Executive Employee has [twenty-one forty five (21)] 45) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive Employee has seven (7) business days following ExecutiveEmployee’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Employee signs this Agreement and returns it to the Company in less than the [twenty45-one (21)] day period identified above, Executive Employee hereby acknowledges that Executive Employee has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke Employee acknowledges and understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received prior to the eighth day after Employee signs this Agreement. The parties agree that changes, whether material or immaterial, do not restart the running of the 45-day period. Employee further acknowledges that, contemporaneously with receipt of this Agreement, Executive must notify Employee received the Company in writing sent disclosure of information related to severance benefit program included with this Agreement (the Chief Executive Officer of the Company, and such revocation must be received no later than the seventh (7th) business day after Executive signs this Agreement“OWBPA Disclosure”).

Appears in 1 contract

Samples: Transition Employment Letter (Zillow Group, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Employee acknowledges that Executive Employee is waiving and releasing any rights Executive Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntaryvoluntary (“ADEA Waiver”). Executive understands and Employee agrees that this waiver and release ADEA Waiver does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive understands and Employee acknowledges that the consideration given for this waiver and release ADEA Waiver is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive Employee has been advised by this writing that: (a) Executive has the right to and Employee should consult with an attorney prior to executing this Agreement; (b) Executive Employee has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive Employee has seven (7) business days following ExecutiveEmployee’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the 7-day revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEAADEA Waiver, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Employee signs this Agreement and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive Employee hereby acknowledges that Executive Employee has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, Employee acknowledges and such understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received no later than prior to the seventh (7th) business Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day after Executive signs this Agreementperiod.

Appears in 1 contract

Samples: Separation Agreement (Quotient Technology Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that 1 References to California statutes will only be included in this Agreement if Executive resides in California at the time Executive’s employment relationship is terminated. Otherwise, statutes specific to the state in which Executive resides at the time of termination will be substituted. Executive has been advised by this writing that: that (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [twenty-one (21)] at least 21 days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven (7) business 7 days following Executive’s the execution of this Agreement by the parties to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall will not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns delivers it to the Company in less than the [twenty21-one (21)] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive acknowledges and understands that revocation must notify the Company in writing sent be accomplished by a written notification to the Chief Executive Legal Officer of the Company, and such revocation must be Company that is received no later than prior to the seventh (7th) business day after Executive signs this Agreement.Effective Date.]2

Appears in 1 contract

Samples: Change of Control Severance Agreement (Quality Systems, Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Employee acknowledges that Executive Employee is waiving and releasing any rights Executive Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date (as defined below) of this Agreement. Executive understands and Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive Employee has been advised by this writing thatthat Employee: (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period Agreement (although Employee may choose to review this Agreement shall not be extended upon sign it at any material or immaterial changes to this Agreementtime); (c) Executive has seven (7) business days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Employee signs this Agreement and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive Employee hereby acknowledges that Executive Employee has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, Employee acknowledges and such understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received no later than prior to the seventh Effective Date (7th) business as defined below). The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day after Executive signs period. Nothing in this AgreementAgreement shall waive Employee’s right to challenge the validity of this Agreement under the Older Workers Benefit Protections Act.

Appears in 1 contract

Samples: Separation Agreement (Block, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this AgreementSupplemental Release. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this AgreementSupplemental Release; (b) Executive has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this AgreementSupplemental Release; (c) Executive has seven (7) business days following Executive’s execution of this Agreement Supplemental Release to revoke this Agreement pursuant to written notice to the General Counsel of the CompanySupplemental Release; (d) this Agreement Supplemental Release shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Supplemental Release or the Transition Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement Supplemental Release and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this AgreementSupplemental Release. To revoke Executive acknowledges and understands that any revocation of this Agreement, Executive Supplemental Release must notify the Company in writing sent be accomplished by a written notification to the Chief Executive Officer person executing this Supplemental Release on the Company’s behalf that is received prior to the Supplemental Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the Company, and such revocation must be received no later than the seventh (7th) business 21-day after Executive signs this Agreementperiod. 3.

Appears in 1 contract

Samples: Transition Agreement (Infinera Corp)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Employee acknowledges that Executive Employee is waiving and releasing any rights Executive Employee may have under the Age Discrimination in Employment Act of 1967 1967, as amended ("ADEA"), against the Releasees, and that this waiver and release is knowing and voluntary. Executive understands and Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive understands and Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive Employee has been advised by this writing that: (a) Executive has the right to and Employee should consult with an attorney prior to executing this Agreement; (b) Executive Employee has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive Employee has seven (7) business days following ExecutiveEmployee’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Employee signs this Agreement and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive Employee hereby acknowledges that Executive Employee has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, Employee acknowledges and such understands that revocation must be accomplished by a written notification to the undersigned Company representative that is received no later than prior to the seventh (7th) business Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day after Executive signs this Agreementperiod.

Appears in 1 contract

Samples: Resignation Agreement and Release (X4 Pharmaceuticals, Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands You understand and acknowledges acknowledge that Executive is you are waiving and releasing any rights Executive you may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands You understand and agrees agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs you sign this Agreement. Executive understands You understand and acknowledges acknowledge that the consideration given for this waiver and release is in addition to anything of value to which Executive was you were already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive has the right Praxis advises you to and should consult with an attorney prior to executing before signing this Agreement; (b) Executive has [twenty-one (21)] days within which . You understand and acknowledge that you have been given the opportunity to consider this Agreement for forty-five (45) days from your receipt of this Agreement before signing it (the “Consideration Period”). To accept this Agreement, and you must return a signed original or a signed PDF copy of this Agreement so that it is received by Axxx Xxxxxxxx, General Counsel at or before the Parties agree expiration of the Consideration Period. If you sign this Agreement before the end of the Consideration Period, you acknowledge that such time period decision was entirely voluntary and that you had the opportunity to review consider this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has for the entire Consideration Period. For the period of seven (7) business days following Executive’s execution of from the date when you sign this Agreement Agreement, you have the right to revoke this Agreement pursuant to by written notice to Axxx Xxxxxxxx, General Counsel, provided that such notice is delivered so that it is received at or before the General Counsel expiration of the Company; seven (d7) this business day revocation period. This Agreement shall not be become effective until after or enforceable during the revocation period. This Agreement shall become effective on the first business day following the expiration of the revocation period has expired without revocation; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the [twenty-one (21“Effective Date”)] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, and such revocation must be received no later than the seventh (7th) business day after Executive signs this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Praxis Precision Medicines, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this AgreementSeparation Date Release. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this AgreementSeparation Date Release; (b) Executive has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this AgreementSeparation Date Release; (c) Executive has seven (7) business days following Executive’s execution of this Agreement Separation Date Release to revoke this Agreement pursuant to written notice to the General Counsel of the CompanySeparation Date Release; (d) this Agreement Separation Date Release shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Separation Date Release or the Transition Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement Separation Date Release and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this AgreementSeparation Date Release. To revoke Executive acknowledges and understands that any revocation of this Agreement, Executive Separation Date Release must notify the Company in writing sent be accomplished by a written notification to the Chief Executive Officer person executing this Separation Date Release on the Company’s behalf that is received prior to the Separation Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the Company, and such revocation must be received no later than the seventh (7th) business 21-day after Executive signs this Agreementperiod.

Appears in 1 contract

Samples: Transition and Consulting Agreement (Osprey Technology Acquisition Corp.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs executes this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been is hereby advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [twenty-one (21)] 21/45]2 days within which to consider this Agreement, and the Parties parties agree that such time 2 To be determined by the Company at the time of separation. period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven (7) business 7 days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the [twenty-one (21)21/45] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, and such revocation must be received no later than the seventh (7th) business day after Executive signs this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Cartesian Therapeutics, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that (a) Executive is waiving and releasing any rights Executive may have under advised to seek legal counsel regarding the Age Discrimination in Employment Act terms of 1967 (“ADEA”)this Agreement, and that this waiver and which includes a release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or of all claims that may arise under the ADEA after exist as of the date Executive signs of the execution of this Agreement. Executive understands and acknowledges that she has either sought legal counsel or has consciously decided not to seek legal counsel, contrary to the consideration given for this waiver Company’s advice, regarding the terms and release is in addition to anything effect of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; . (b) Executive has [acknowledges that this Agreement releases only those claims which exist as of the date of Executive’s execution of this Agreement. (c) Executive acknowledges that Executive may take twenty-one (21)] ) days from the date of receipt of this Agreement within which to consider and sign this Agreement, and but to the Parties agree extent that such time period to review she executes this Agreement shall not be extended upon any material or immaterial changes to this Agreement; before the expiration of the twenty-one-day period, she does so knowingly and voluntarily and only after consulting her legal counsel. (cd) Executive has acknowledges that Executive shall have seven (7) business days following Executive’s execution from the date of signing this Agreement to revoke this the Agreement pursuant to written notice to in writing in its entirety (“Revocation Period”). Executive acknowledges that the General Counsel of the Company; (d) this Agreement shall not be become effective or enforceable until after the revocation period Revocation Period has expired without revocation; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal lawexpired. In the event Executive signs this Agreement and returns it to the Company in less than the [twenty-one (21)] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen chooses to waive the time period allotted for considering this Agreement. To revoke this Agreement, within the Revocation Period, Executive must notify shall: (i) Revoke the Company entire Agreement in writing sent a signed writing, delivered to the Chief Executive Officer of the Company, and such revocation must be received no later than following person on or before the seventh (7th) business day after Executive signs executed the Agreement: Xxxxx XxXxxxxxxx Executive Vice President, General Counsel and Chief Administrative Officer 00000 Xxxxxx Xxxx Rd., Suite 100 Fairfax, VA 22030 (ii) Forfeit any and all right to payment as contemplated by this Agreement; and (iii) Return the full amount of consideration received, if any, to the Company along with the signed writing. (e) The “Effective Date” of this Agreement shall be the eighth (8th) day after the date on which Executive signs the Agreement, assuming that Executive has not revoked the Agreement in writing during the Revocation Period. (f) Executive expressly acknowledges that the payments and the other consideration that Executive is receiving under this Agreement constitute material consideration for the execution of this Agreement, and represent valuable consideration to which Executive would not otherwise be entitled.

Appears in 1 contract

Samples: Separation Agreement (Geeknet, Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Employee acknowledges that Executive Employee is waiving and releasing any rights Executive Employee may have under the Age Discrimination in Employment Act of 1967 ("ADEA”)") against the Releasees, and any and all damages and disputes that have arisen prior to the Effective Date of this Agreement, except as expressly stated herein, and that this waiver and release is knowing and voluntary. Executive understands and Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive Employee signs this Agreement. Executive understands and Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive Employee has been advised by this writing that: (a) Executive has the right to and Employee should consult with an attorney of his own choosing regarding this Agreement and its effects prior to executing this AgreementAgreement and he acknowledges and represents that he has done so, or has knowingly and voluntarily waived the right to do so; (b) Executive Employee has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive Employee has seven (7) business days following ExecutiveEmployee’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Employee signs this Agreement and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive Employee hereby acknowledges that Executive Employee has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, Employee acknowledges and such understands that revocation must be accomplished by a written notification to the undersigned Company representative that is received no later than prior to the seventh (7th) business Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day after Executive signs this Agreementperiod.

Appears in 1 contract

Samples: Separation Agreement (AVITA Medical, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Employee acknowledges that Executive Employee is waiving and releasing any rights Executive Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive understands and Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive Employee has been advised by this writing that: (a) Executive has the right to and Employee should consult with an attorney prior to executing this Agreement; (b) Executive Employee has [twentyforty-one five (21)] 45) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive as set forth in Exhibit A attached hereto, Employee has been advised in writing by the Company of the class, unit, or group of individuals covered by the reduction in force, the eligibility factors for the reduction in force, and the job titles and ages of all individuals who were and were not selected; (d) Employee has seven (7) business days following ExecutiveEmployee’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (de) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (ef) nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Employee signs this Agreement and returns it to the Company in less than the [twenty45-one (21)] day period identified above, Executive Employee hereby acknowledges that Executive Employee has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, Employee acknowledges and such understands that revocation must be accomplished by a written notification to undersigned Company representative that is received no later than prior to the seventh (7th) business Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 45-day after Executive signs this Agreementperiod.

Appears in 1 contract

Samples: Separation Agreement (MedAvail Holdings, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [twenty-one (21)] 45 days within which to consider this Agreement, and the Parties expressly agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven (7) business days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel Chief Legal Officer of the Company; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the [twenty-one (21)] 45 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, and such revocation must be received no later than the seventh (7th) business day after Executive signs this Agreement.|

Appears in 1 contract

Samples: Separation Agreement (Seres Therapeutics, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this AgreementRelease. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this AgreementRelease; (b) Executive has [twenty-one (2121)][forty-five (45)] days within which to consider this AgreementRelease, and the Parties agree that such time period to review this Agreement Release shall not be extended upon any material or immaterial changes to this AgreementRelease; (c) Executive has seven (7) business days following Executive’s execution of this Agreement Release to revoke this Agreement Release pursuant to written notice to the General Counsel of the Company; (d) this Agreement Release shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement Release prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement Release and returns it to the Company in less than the [twenty-one (2121)][forty- five (45)] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, and such revocation must be received no later than the seventh (7th) business day after Executive signs this AgreementRelease.

Appears in 1 contract

Samples: Employment Agreement (Lyra Therapeutics, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Employee acknowledges that Executive Employee is waiving and releasing any rights Executive Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”)) against the Releasees, and that this waiver and release is knowing and voluntary. Executive understands and Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive understands and Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive Employee has been advised by this writing that: (a) Executive has the right to and Employee should consult with an attorney prior to executing this Agreement; (b) Executive Employee has [twenty-one (21)] ) days within which to consider this Agreement, and Agreement (the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement“Due Date”); (c) Executive Employee has seven (7) business days following ExecutiveEmployee’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Employee signs this Agreement and returns it to the Company in less than before the [twenty-one (21)] day period identified aboveDue Date, Executive Employee hereby acknowledges that Executive Employee has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, Employee acknowledges and such understands that revocation must be accomplished by a written notification to the undersigned Company representative that is received no later than prior to the seventh (7th) business Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day after Executive signs this Agreementperiod for reviewing the Agreement or extend the Due Date.

Appears in 1 contract

Samples: Separation Agreement (Olo Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Employee acknowledges that Executive Employee is waiving and releasing any rights Executive Employee may have under the Age Discrimination in Employment Act of 1967 ("ADEA"), and that this waiver and release is knowing and voluntary. Executive understands and Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive Employee signs this AgreementSupplemental Release. Executive understands and Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive Employee has been advised by this writing that: (a) Executive has the right to and Employee should consult with an attorney prior to executing this AgreementSupplemental Release; (b) Executive Employee has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this AgreementSupplemental Release; (c) Executive Employee has seven (7) business days following ExecutiveEmployee’s execution of this Agreement Supplemental Release to revoke this Agreement pursuant to written notice to the General Counsel of the CompanySupplemental Release; (d) this Agreement Supplemental Release shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement Supplemental Release prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Employee signs this Agreement Supplemental Release and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive Employee hereby acknowledges that Executive Employee has freely and voluntarily chosen to waive the time period allotted for considering this AgreementSupplemental Release. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, Employee acknowledges and such understands that revocation must be accomplished by a written notification to the person executing this Supplemental Release on the Company’s behalf that is received no later than prior to the seventh (7th) business Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day after Executive signs this Agreementperiod.

Appears in 1 contract

Samples: Separation Agreement (Ambarella Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and agrees the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: that (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [at least twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven (7) business days following Executive’s the execution of this Agreement by the parties to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any 3 condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. Any revocation should be in writing and delivered to the General Counsel at the Company by close of business on the seventh day from the date that Executive signs this Agreement. In the event Executive signs this Agreement and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this AgreementThe parties agree that changes, Executive must notify whether material or immaterial, do not restart the Company in writing sent to the Chief Executive Officer running of the Company, and such revocation must be received no later than the seventh (7th) business 21-day after Executive signs this Agreementperiod.

Appears in 1 contract

Samples: Separation & Release Agreement

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [twenty-one (21)] 21 days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven (7) business days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyCompany and the Employer; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the [twenty-one (21)] 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, and such revocation must be received no later than the seventh (7th) business day after Executive signs this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Fractyl Health, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA’’), as amended by the Older Workers’ Benefit Protection Act (“OWBPA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: : (a) Executive has the right is receiving consideration, a sufficient portion of which is in addition to and should consult with an attorney prior anything of value to executing this Agreementwhich he otherwise would have been entitled; and (b) Executive fully understands the terms of this Release and that he enters into it voluntarily without any coercion on the part of any person or entity; and (c) Executive was given adequate time to consider all implications and to freely and fully consult with and seek the advice of whomsoever he deemed appropriate and has [done so; and (d) Executive represents that he has carefully read and fully understands all of the provisions and effects of this Release; and (e) Executive was advised in writing by way of this document to consult an attorney before signing this Release; and (f) Executive was advised that he had twenty-one (21)] ) calendar days within which to consider this AgreementRelease before signing it, and though he may voluntarily sign before the Parties agree that such time period to review end of this Agreement shall not be extended upon any material or immaterial changes to this Agreementperiod; and (cg) Executive has seven (7) business calendar days following Executive’s execution of after executing this Agreement Release within which to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement Release. This Release shall not be become effective or enforceable until seven (7) days after Executive executes this Release. If the revocation period has expired without revocation; and (e) nothing in this Agreement prevents seventh day is a weekend or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the [twenty-one (21)] day period identified abovenational holiday, Executive hereby acknowledges that has until the next business day to revoke. If Executive has freely and voluntarily chosen elects to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must he agrees to notify Xxxxxxx Xxxxxxx, in writing, of his revocation. Any determination of whether Executive’s revocation was timely shall be determined by the Company in writing sent to the Chief Executive Officer date of the Company, and such revocation must be received no later than the seventh (7th) business day after Executive signs this Agreementactual receipt by Xxxxxxx Xxxxxxx.

Appears in 1 contract

Samples: Executive Employment Agreement (Arbutus Biopharma Corp)

Acknowledgment of Waiver of Claims under ADEA. Executive Employee understands and acknowledges that Executive Employee is waiving and releasing any rights Executive Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive Employee understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive Employee signs this Agreement. Executive Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive Employee has been advised by this writing that: (a) Executive has the right to and Employee should consult with an attorney prior to executing this Agreement; (b) Executive Employee has [twentyforty-one five (21)] 45) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive as set forth in Exhibits A, B, and C hereto, Employee has been advised in writing of the class, unit, or group of individuals covered by the reduction in force, the eligibility factors for the reduction in force, and the job titles and ages of all individuals who were and were not selected; (d) Employee has seven (7) business days following ExecutiveEmployee’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (de) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (ef) nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Employee signs this Agreement and returns it to the Company in less than the [twenty45-one (21)] day period identified above, Executive Employee hereby acknowledges that Executive Employee has freely knowingly and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this AgreementEmployee acknowledges and understands that revocation must be accomplished by a written notification to Sxxxxxx Xxxxx, Executive must notify the Company in writing sent to the Chief Executive Legal Officer of the Company, and such revocation must be via email at [***] that is received no later than prior to the seventh (7th) business Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 45-day after Executive signs this Agreementperiod.

Appears in 1 contract

Samples: Separation Agreement (Sarcos Technology & Robotics Corp)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this AgreementRelease. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this AgreementRelease; (b) Executive has [twenty-one (21)] ) days within which to consider this AgreementRelease, and the Parties agree that such time period to review this Agreement Release shall not be extended upon any material or immaterial changes to this AgreementRelease; (c) Executive has seven (7) business days following Executive’s execution of this Agreement Release to revoke this Agreement Release pursuant to written notice to the General Counsel of the Company; (d) this Agreement Release shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement Release prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement Release and returns it to the Company in less than the [twenty-one (21)] ) day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, and such revocation must be received no later than the seventh (7th) business day after Executive signs this AgreementRelease.

Appears in 1 contract

Samples: Employment Agreement (Lyra Therapeutics, Inc.)

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Acknowledgment of Waiver of Claims under ADEA. Executive understands and Chairman acknowledges that Executive Chairman is waiving and releasing any rights Executive Chairman may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and Chairman agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive understands and Chairman acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Chairman was already entitled. Executive Chairman further understands and acknowledges that Executive Chairman has been advised by this writing that: (a) Executive has the right to and Chairman should consult with an attorney prior to executing this Agreement; (b) Executive Chairman has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive Chairman has seven (7) business days following ExecutiveChairman’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive Chairman from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Chairman signs this Agreement and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive Chairman hereby acknowledges that Executive Chairman has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, Chairman acknowledges and such understands that revocation must be accomplished by a written notification to the undersigned Company representative that is received no later than prior to the seventh (7th) business Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day after Executive signs this Agreementperiod.

Appears in 1 contract

Samples: Separation and Settlement Agreement (fuboTV Inc. /FL)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [twenty-one (21)] 21 days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven (7) business days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel Chief Financial Officer of the Company; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the [twenty-one (21)] 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, and such revocation must be received no later than the seventh (7th) business day after Executive signs this Agreement.|US-DOCS\124478299.1||

Appears in 1 contract

Samples: Employment Agreement (Sight Sciences, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven (7) business days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the [twenty-one (21)] day 21)-day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, acknowledges and such understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received no later than prior to the seventh Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the twenty-one (7th) business day after Executive signs this Agreement21)-day period.

Appears in 1 contract

Samples: Separation Agreement (Intevac Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Employee acknowledges that Executive Employee is waiving and releasing any rights Executive Employee may have under the Age Discrimination in Employment Act of 1967 ("ADEA"), and that this waiver and release is knowing and voluntary. Executive understands and Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive understands and Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive Employee has been advised by this writing that: (a) Executive has the right to and Employee should consult with an attorney prior to executing this Agreement; (b) Executive Employee has [twentyforty-one five (21)] 45) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive Employee has seven (7) business days following ExecutiveEmployee’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Employee signs this Agreement and returns it to the Company in less than the [twenty45-one (21)] day period identified above, Executive Employee hereby acknowledges that Executive Employee has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, Employee acknowledges and such understands that revocation must be accomplished by a written notification to the undersigned Company representative that is received no later than prior to the seventh Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 45-day period. You further acknowledge that you have received (7thas Exhibit B hereto) business day after Executive signs this Agreementthe disclosure statement required under the ADEA which provides you with additional information regarding the group layoff of which you are a part (the “ADEA Disclosure Schedule”).

Appears in 1 contract

Samples: Separation Agreement (Outlook Therapeutics, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [twenty-one (21)] days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven (7) business days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired without revocation; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the [twenty-one (21)] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer Lead Independent Director of the CompanyBoard, and such revocation must be received no later than the seventh (7th) business day after Executive signs this Agreement.

Appears in 1 contract

Samples: Employment Agreement (CG Oncology, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Former Employee acknowledges that Executive Former Employee is waiving and releasing any rights Executive Former Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and Former Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive Former Employee signs this Agreement. Executive understands and Former Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Former Employee was already entitled. Executive Former Employee further understands and acknowledges that Executive Former Employee has been advised by this writing that: (a) Executive has the right to and Former Employee should consult with an attorney prior to executing this Agreement; (b) Executive Former Employee has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive Former Employee has seven (7) business days following ExecutiveFormer Employee’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive Former Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Former Employee signs this Agreement and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive Former Employee hereby acknowledges that Executive Former Employee has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, Former Employee acknowledges and such understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received no later than prior to the seventh (7th) business Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day after Executive signs this Agreementperiod.

Appears in 1 contract

Samples: Settlement Agreement

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [twenty-twenty- one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven (7) business days following Executive’s execution of this Agreement to revoke this Agreement pursuant by doing so in writing to written notice to the General Counsel of the Companyxxxxxx.xxxxxx-xxxxxx@xxxxxxxxx.xxx; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, acknowledges and such understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received no later than prior to the seventh (7th) business Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day after Executive signs this Agreementperiod.

Appears in 1 contract

Samples: Release Agreement (Blackline, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Employee acknowledges that Executive Employee is waiving and releasing any rights Executive Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ADEA and that this waiver and release is knowing and voluntary. Executive understands Employee fully understands, acknowledges and agrees that this waiver and release does not apply to any rights or claims that may arise under Employee has 21 days from receipt of the ADEA after the date Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [twenty-one (21)] days Release within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial Release. Any changes to this Agreement; Release, whether material or immaterial, do not restart the running of the 21-day consideration period. Employee further understands and agrees that Employee: (ca) Executive May sign this Release without waiting the full 21 days and that, if Employee has done so, Employee's decision to do so has been knowing and voluntary, and not induced through fraud, misrepresentation, a threat to withdraw or alter the offer prior to the expiration of the 21-day period, or the provision of different terms to employees who sign any release prior to expiration of the 21-day period. (b) Has a period of seven (7) business full days following Executive’s execution of this Agreement Release to revoke this Agreement pursuant to Release by providing written notice of such revocation to the Company’s General Counsel Counsel. (c) Has carefully read and fully understands all of the Company; provisions of this Release and knowingly and voluntarily agrees to all of the terms of this Release; (d) Is, through this Agreement shall not be effective until Release, releasing the Company from any and all claims that Employee has or may have against the Company under the ADEA. Employee understands that rights or claims under the ADEA that may arise after the revocation period has expired without revocation; and date this Release is executed by all parties are not waived; (e) nothing Knowingly and voluntarily agrees to all of the terms set forth in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith Release, and knowingly and voluntarily intends to be legally bound by all of the validity terms of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it Release; (f) Is advised to consult an attorney of Employee's choice; and (g) Acknowledges that Employee's employment with the Company in less than terminated as of the [twenty-one (21)] day period identified aboveSeparation Agreement, Executive hereby acknowledges that Executive has freely and voluntarily chosen regardless of whether Employee elects to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, and such revocation must be received no later than the seventh (7th) business day after Executive signs this AgreementRelease.

Appears in 1 contract

Samples: Separation Agreement (Calix, Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and This section only applicable to Employee if Employee is over the age of 40 on the Termination Date. Employee acknowledges that Executive Employee is waiving and releasing any rights Executive Employee may have under the Age Discrimination in Employment Act of 1967 ("ADEA"), and that this waiver and release is knowing and voluntary. Executive understands and Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive understands and Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive he/she has been advised by this writing that: (a) Executive has the right to and Employee should consult with an attorney prior to executing this Agreement; (b) Executive Employee has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive Employee has seven (7) business days following ExecutiveEmployee’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Employee signs this Agreement and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive Employee hereby acknowledges that Executive Employee has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, Employee acknowledges and such understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received no later than prior to the seventh (7th) business Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day after Executive signs this Agreementperiod.

Appears in 1 contract

Samples: Separation and Release of Claims Agreement (Flir Systems Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and (a) Employee acknowledges that Executive he or she is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands . (b) Employee and agrees the Corporation agree that this waiver and release does not apply to any rights or claims that may might arise under the ADEA after the date Executive signs of this Agreement. Executive understands and . (c) Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive Employee was already entitled. (d) Employee has forty-five (45) days from the day Employee receives this Agreement to review and consider this Agreement before signing it. Executive further understands If Employee chooses, Employee may sign this Agreement before the expiration of the forty-five (45) day period. In the event that Employee signs and returns this Agreement in less than forty-five (45) days, Employee agrees and acknowledges that Executive has been advised by this writing that: (a) Executive has such decision was entirely voluntary and that Employee had the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [twenty-one (21)] days within which opportunity to consider this AgreementAgreement for the entire forty-five (45) day period. Employee agrees that any modifications, and the Parties agree that such time period material or otherwise, made to review this Agreement shall do not be extended upon restart or affect in any material or immaterial changes to this Agreement; manner the original forty-five (c45) Executive day consideration period. (e) Employee has seven (7) business days following Executive’s execution of after signing this Agreement to revoke this the Agreement pursuant to by delivering a written notice of revocation to the General Counsel of the Company; (d) this Corporation. This Agreement shall will not be effective until after the revocation period has expired without revocation; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the [twenty-one (21)] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreementexpired. To revoke this Agreementbe effective, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, and such a revocation must be received no later than in writing and must be delivered to the Corporation by the close of business on the seventh (7th) business day after Executive following the date that Employee signs this Agreement. (f) Employee is advised to consult an independent attorney of her choosing before signing this Agreement. By signing this Agreement, Employee acknowledges that he or she has carefully read and fully understands all of its provisions, and that he or she is signing it voluntarily. Employee also acknowledges that he or she is not relying on any representations by any representative of the Corporation concerning the meaning of any aspect of this Agreement.

Appears in 1 contract

Samples: Separation and Release Agreement (Tollgrade Communications Inc \Pa\)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this AgreementSupplemental Release Effective Date. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this AgreementSupplemental Release; (b) Executive has [had twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this AgreementSupplemental Release; (c) Executive has seven (7) business days following Executive’s execution of this Agreement Supplemental Release to revoke this Agreement pursuant to written notice to the General Counsel of the Companyit; (d) this Agreement Supplemental Release shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement Supplemental Release prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement Supplemental Release and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive hereby acknowledges that Executive has freely knowingly and voluntarily chosen to waive the time period allotted for considering this AgreementSupplemental Release. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, acknowledges and such understands that revocation must be accomplished by a written notification to the undersigned Company representative that is received no later than prior to the seventh (7th) business Supplemental Release Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day after Executive signs this Agreementperiod.

Appears in 1 contract

Samples: Transition Agreement and Release (Intevac Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this AgreementSeparation Date Release. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this AgreementSeparation Date Release; (b) Executive has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this AgreementSeparation Date Release; (c) Executive has seven (7) business days following Executive’s execution of this Agreement Separation Date Release to revoke this Agreement pursuant to written notice to the General Counsel of the CompanySeparation Date Release; (d) this Agreement Separation Date Release shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Separation Date Release or the Separation Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement Separation Date Release and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this AgreementSeparation Date Release. To revoke Executive acknowledges and understands that any revocation of this Agreement, Executive Separation Date Release must notify the Company in writing sent be accomplished by a written notification to the Chief Executive Officer person executing this Separation Date Release on the Company’s behalf that is received prior to the Separation Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the Company, and such revocation must be received no later than the seventh (7th) business 21-day after Executive signs this Agreementperiod. 3.

Appears in 1 contract

Samples: Separation Agreement (BlackSky Technology Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs executes this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been is hereby advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [twenty-one (21)] 21/45]2 days within which to consider this Agreement, and the Parties parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven (7) business 7 days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a 2 To be determined by the Company at the time of separation. determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the [twenty-one (21)21/45] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, and such revocation must be received no later than the seventh (7th) business day after Executive signs this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Cartesian Therapeutics, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this AgreementRelease. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this AgreementRelease; (b) Executive has [twenty-one (21)] ) days within which to consider this AgreementRelease, and the Parties agree that such time period to review this Agreement Release shall not be extended upon any material or immaterial changes to this AgreementRelease; (c) Executive has seven (7) business days following Executive’s execution of this Agreement Release to revoke this Agreement Release pursuant to written notice to the General Counsel Chief Executive Officer of the Company; (d) this Agreement Release shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement Release prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement Release and returns it to the Company in less than the [twenty-one (21)] ) day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, and such revocation must be received no later than the seventh (7th) business day after Executive signs this AgreementRelease.

Appears in 1 contract

Samples: Separation Agreement (Lyra Therapeutics, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive Employee understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act Employee IS WAIVING AND RELEASING ANY RIGHTS EMPLOYEE MAY HAVE UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive Employee understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive Employee has been advised by this writing that: (a) Executive has the right to and Employee should consult with an attorney prior to executing this Agreement; (b) Executive Employee has [twentyforty-one five (21)] 45) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive Employee has seven (7) business days following ExecutiveEmployee’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; (e) Employee has been advised of the eligibility factors and the time limits applicable and that Employee has been provided with information in writing about job titles and ages of all individuals eligible or selected for the program, a copy of which is attached hereto as Exhibit 2; and (ef) nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Employee signs this Agreement and returns it to the Company in less than the [twenty45-one (21)] day period identified above, Executive Employee hereby acknowledges that Executive Employee has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, and such revocation must be received no later than the seventh (7th) business day after Executive signs this Agreement.

Appears in 1 contract

Samples: Severance Agreement (Globalscape Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Advisor acknowledges that Executive Advisor is waiving and releasing any rights Executive Advisor may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and Advisor agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this AgreementSupplemental Release Effective Date. Executive understands and Advisor acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Advisor was already entitled. Executive Advisor further understands and acknowledges that Executive Advisor has been advised by this writing that: (a) Executive has the right to and Advisor should consult with an attorney prior to executing this AgreementSupplemental Release; (b) Executive Advisor has [had twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this AgreementSupplemental Release; (c) Executive Advisor has seven (7) business days following ExecutiveAdvisor’s execution of this Agreement Supplemental Release to revoke this Agreement pursuant to written notice to the General Counsel of the Companyit; (d) this Agreement Supplemental Release shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement Supplemental Release prevents or precludes Executive Advisor from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Advisor signs this Agreement Supplemental Release and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive Advisor hereby acknowledges that Executive Advisor has freely knowingly and voluntarily chosen to waive the time period allotted for considering this AgreementSupplemental Release. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, Advisor acknowledges and such understands that revocation must be accomplished by a written notification to the undersigned Company representative that is received no later than prior to the seventh (7th) business Supplemental Release Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day after Executive signs this Agreementperiod.

Appears in 1 contract

Samples: Transition Agreement and Release (Affirm Holdings, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven (7) business days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, acknowledges and such understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received no later than prior to the seventh (7th) business Effective Date. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day after Executive signs this Agreementperiod.

Appears in 1 contract

Samples: Executive Succession and Advisory Services Agreement (Netgear, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs executes this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been is hereby advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [twenty-one (21)21/45] NTD: To be determined by the Company at the time of separation. days within which to consider this Agreement, and the Parties parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven (7) 7 business days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the [twenty-one (21)21/45] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, and such revocation must be received no later than the seventh (7th) business day after Executive signs this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Selecta Biosciences Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Separation Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive he has been advised by this writing that: (a) Executive has the right to and he should consult with an attorney prior to executing this Separation Agreement; (b) Executive he has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Separation Agreement; (c) Executive he has seven (7) business days following Executive’s his execution of this Separation Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanySeparation Agreement; (d) this Separation Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Separation Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Separation Agreement and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive hereby acknowledges that Executive he has freely and voluntarily chosen to waive the time period allotted for considering this Separation Agreement. To revoke this Agreement, Executive acknowledges and understands that revocation must notify the Company in writing sent be accomplished by a written notification to the Chief Executive Officer Chairman of the Company’s Board of Directors with a copy to its General Counsel that is received prior to the Effective Date. The Parties agree that changes to this Separation Agreement, and such revocation must be received no later than whether material or immaterial, do not restart the seventh (7th) business running of the 21-day after Executive signs this Agreementconsideration period referenced above.

Appears in 1 contract

Samples: Transition Agreement (National Instruments Corp)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive understands and agrees the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: that (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [at least twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven (7) business days following Executive’s the execution of this Agreement by the parties to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. Any revocation should be in writing and delivered to the General Counsel at the Company by close of business on the seventh day from the date that Executive signs this Agreement. In the event Executive signs this Agreement and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this AgreementThe parties agree that changes, Executive must notify whether material or immaterial, do not restart the Company in writing sent to the Chief Executive Officer running of the Company, and such revocation must be received no later than the seventh (7th) business 21-day after Executive signs this Agreementperiod.

Appears in 1 contract

Samples: Separation & Release Agreement (Nuance Communications, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [twenty-one (21)] 21 days following October 30, 2023, within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven (7) business days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel Chief Legal Officer of the Company; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the [twenty-one (21)] 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, and such revocation must be received no later than the seventh (7th) business day after Executive signs this Agreement.

Appears in 1 contract

Samples: Separation Agreement and Release (Immuneering Corp)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Employee acknowledges that Executive he is waiving and releasing any rights Executive he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive understands and Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive he has been advised by this writing that: (a) Executive has the right to and he should consult with an attorney prior to executing this Agreement; (b) Executive he has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive he has seven (7) business days following Executive’s his execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Employee signs this Agreement and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive Employee hereby acknowledges that Executive he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, Employee acknowledges and such understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received prior to the Effective Date. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period. Employee understands and acknowledges that no severance payments or benefits will be due to him under this Agreement if this Agreement has not become effective and irrevocable no later than sixty (60) days following the seventh Separation Date (7ththe “Release Deadline”) business day after Executive signs and within the time frames required under this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Intevac Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Employee acknowledges that Executive Employee is waiving and releasing any rights Executive Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive Employee fully understands, acknowledges and agrees that Employee has the right not to execute this Agreement without first having considered it for a full 21 days from receipt of the Agreement. Employee further understands and agrees that Employee: (a) May sign this waiver Agreement without waiting the full 21 days and that, if Employee has done so, Employee’s decision to do so has been knowing and voluntary, and not induced through fraud, misrepresentation, a threat to withdraw or alter the offer prior to the expiration of the 21-day period, or the provision of different terms to employees who sign any release does prior to expiration of the 21-day period. (b) Did not apply execute this Agreement without first being advised in writing to any rights consult an attorney of Employee’s choice. (c) Has carefully read and fully understands all of the provisions of this Agreement and knowingly and voluntarily agrees to all of the terms of this Agreement; (d) Has at all times during the course of negotiation and execution of this Agreement been advised by an attorney or claims that may arise under has had adequate opportunity to consult counsel of Employee’s choice concerning the ADEA after the date Executive signs terms of this Agreement. Executive understands Employee was and acknowledges that the consideration given for this waiver and release is hereby advised in addition writing to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing counsel of Employee’s choice before entering into this Agreement; ; (be) Executive has [twenty-one (21)] days within which to consider Is, through this Agreement, releasing the Releasees from any and all claims that Employee has or may have against them; (f) Knowingly and voluntarily agrees to all of the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to terms set forth in this Agreement; ; (cg) Executive has Knowingly and voluntarily intends to be legally bound by all of the terms of this Agreement; (h) Has a period of seven (7) business full days following Executive’s execution of this Agreement to revoke this Agreement pursuant to (the “Revocation Period”) by providing written notice of such revocation to the General Counsel of the Company; (d) Company and was previously advised, and is hereby further advised in writing, that this Agreement shall not be become effective or enforceable until after the revocation period this Revocation Period has expired without Employee having exercised Employee’s right of revocation; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it If Employee wishes to the Company in less than the [twenty-one (21)] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive Employee must notify the Company deliver notice of Employee’s revocation in writing sent to the Chief Executive Officer of the Companywriting, and such revocation must be received no later than 5:00 p.m. on the seventh 7th day following Employee’s execution of this Agreement to Senior Director, Human Resources, Calix, Inc., 0000 X. XxXxxxxx Boulevard, Petaluma, CA 94954, fax: (7th000) business day 000-0000. (i) Understands that rights or claims under the Age Discrimination in Employment Act of 1967, 29 U.S.C., Section 621 et seq., that may arise after Executive signs the date this Agreement is executed by all parties are not waived; and (j) Acknowledges that Employee’s employment with the Company terminated as of the date set forth in Section 1 above, regardless of whether Employee elects to revoke this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Calix, Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Employee acknowledges that Executive Employee is waiving and releasing any rights Executive Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive Employee signs this Agreement. Executive understands and Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive Employee has been advised by this writing that: (a) Executive has the right to and Employee should consult with an attorney prior to executing this Agreement; (b) Executive Employee has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive Employee has seven (7) business days following ExecutiveEmployee’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Employee signs this Agreement and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive Employee hereby acknowledges that Executive Employee has freely knowingly and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, Employee acknowledges and such understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received no later than prior to the seventh (7th) business Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day after Executive signs this Agreement.period

Appears in 1 contract

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

Acknowledgment of Waiver of Claims under ADEA. Executive Employee understands and acknowledges that Executive Employee is waiving and releasing any rights Executive Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive Employee understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive Employee has been advised by this writing that: (a) Executive has the right to and Employee should consult with an attorney prior to executing this Agreement; (b) Executive Employee has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review Agreement (but may accept this Agreement shall not be extended upon at any material or immaterial changes to this Agreementtime before the end of the 21-day period); (c) Executive Employee has seven (7) business days following ExecutiveEmployee’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Employee signs this Agreement and returns it to the Company in less than before the [twentyend of the 21-one (21)] day period identified above, Executive Employee hereby acknowledges that Executive Employee has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, Employee acknowledges and such understands that revocation must be accomplished by a written notification to the person executing this Agreement on behalf of the Company that is received no later than prior to the seventh (7th) business eighth day after Executive Employee signs this Agreement. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 1 contract

Samples: Separation Agreement (Aterian, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [twenty-one (21)] 21 days within which to consider this Agreement, and the Parties expressly agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven (7) business days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the [twenty-one (21)] 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, and such revocation must be received no later than the seventh (7th) business day after Executive signs this Agreement.|US-DOCS\122808486.1||

Appears in 1 contract

Samples: Employment Agreement (Seres Therapeutics, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Employee acknowledges that Executive Employee is waiving and releasing any rights Executive Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive Employee signs this Separation Agreement. Executive understands and Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive Employee has been advised by this writing that: (a) Executive has the right to and Employee should consult with an attorney prior to executing this Separation Agreement; (b) Executive Employee has [be given at least twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Separation Agreement; (c) Executive Employee has seven (7) business days following ExecutiveEmployee’s execution of this Separation Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanySeparation Agreement; (d) this Separation Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Separation Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Employee signs this Separation Agreement and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive Employee hereby acknowledges that Executive Employee has freely knowingly and voluntarily chosen to waive the time period allotted for considering this Separation Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, Employee acknowledges and such understands that revocation must be accomplished by a written notification to the person executing this Separation Agreement on the Company’s behalf that is received no later than prior to the seventh (7th) business Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day after Executive signs this Agreementperiod.

Appears in 1 contract

Samples: Transition Agreement and Release (Nutanix, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this AgreementEffective Date. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven (7) business days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired without revocation(except as to Executive’s resignations under Section 1(c), which shall remain irrevocable); and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive hereby acknowledges that Executive has freely knowingly and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, acknowledges and such understands that revocation must be accomplished by a written notification to the undersigned Company representative that is received no later than prior to the seventh (7th) business Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day after Executive signs this Agreementperiod.

Appears in 1 contract

Samples: Release Agreement (Bakkt Holdings, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA’’), as amended by the Older Workers’ Benefit Protection Act (“OWBPA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: : (a) Executive has the right is receiving consideration, a sufficient portion of which is in addition to and should consult with an attorney prior anything of value to executing this Agreementwhich he otherwise would have been entitled; and (b) Executive fully understands the terms of this Release and that he enters into it voluntarily without any coercion on the part of any person or entity; and (c) Executive was given adequate time to consider all implications and to freely and fully consult with and seek the advice of whomsoever he deemed appropriate and has [done so; and (d) Executive represents that he has carefully read and fully understand all the provisions and effects of this Release; and (e) Executive was advised in writing by way of this document to consult an attorney before signing this Release; and (f) Executive was advised that he had twenty-one (21)] ) calendar days within which to consider this AgreementRelease before signing it, and though he may voluntarily sign before the Parties agree that such time period to review end of this Agreement shall not be extended upon any material or immaterial changes to this Agreementperiod; and (cg) Executive has seven (7) business calendar days following Executive’s execution of after executing this Agreement Release within which to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement Release. This Release shall not be become effective or enforceable until seven (7) days after Executive executes this Release. If the revocation period has expired without revocation; and (e) nothing in this Agreement prevents seventh day is a weekend or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the [twenty-one (21)] day period identified abovenational holiday, Executive hereby acknowledges that has until the next business day to revoke. If Executive has freely and voluntarily chosen elects to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must he agrees to notify Xxxxxxx Xxxxxxx, in writing, of his revocation. Any determination of whether Executive’s revocation was timely shall be determined by the Company in writing sent to the Chief Executive Officer date of the Company, and such revocation must be received no later than the seventh (7th) business day after Executive signs this Agreementactual receipt by Xxxxxxx Xxxxxxx.

Appears in 1 contract

Samples: Separation and Release Agreement (Arbutus Biopharma Corp)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven (7) business days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, acknowledges and such understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received no later than prior to the seventh (7th) business eighth day after Executive signs this Agreement. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 1 contract

Samples: Separation Agreement (Viveve Medical, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age DCACTIVE-72975020.1 Discrimination in Employment Act of 1967 (“ADEA’’), as amended by the Older Workers’ Benefit Protection Act (“OWBPA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that: : (a) Executive has the right is receiving consideration, a sufficient portion of which is in addition to and should consult with an attorney prior anything of value to executing this Agreementwhich she otherwise would have been entitled; and (b) Executive fully understands the terms of this Release and that she enters into it voluntarily without any coercion on the part of any person or entity; and (c) Executive was given adequate time to consider all implications and to freely and fully consult with and seek the advice of whomsoever she deemed appropriate and has [done so; and (d) Executive represents that she has carefully read and fully understand all of the provisions and effects of this Release; and (e) Executive was advised in writing by way of this document to consult an attorney before signing this Release; and (f) Executive was advised that she had twenty-one (21)] ) calendar days within which to consider this AgreementRelease before signing it, and though she may voluntarily sign before the Parties agree that such time period to review end of this Agreement shall not be extended upon any material or immaterial changes to this Agreementperiod; and (cg) Executive has seven (7) business calendar days following Executive’s execution of after executing this Agreement Release within which to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement Release. This Release shall not be become effective or enforceable until seven (7) days after Executive executes this Release. If the revocation period has expired without revocation; and (e) nothing in this Agreement prevents seventh day is a weekend or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the [twenty-one (21)] day period identified abovenational holiday, Executive hereby acknowledges that has until the next business day to revoke. If Executive has freely and voluntarily chosen elects to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must she agrees to notify Xxxxxxx Xxxxxxx, in writing, of her revocation. Any determination of whether Executive’s revocation was timely shall be determined by the Company in writing sent to the Chief Executive Officer date of the Company, and such revocation must be received no later than the seventh (7th) business day after Executive signs this Agreementactual receipt by Xxxxxxx Xxxxxxx.

Appears in 1 contract

Samples: Separation and Release Agreement (Arbutus Biopharma Corp)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs executes this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been is hereby advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [twenty-one (21)] 21/45]1 days within which to consider this Agreement, and the Parties parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven (7) 7 business days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the [twenty-one (21)21/45] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, and such revocation must be received no later than the seventh (7th) business day after Executive signs this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Selecta Biosciences Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Employee acknowledges that Executive Employee is waiving and releasing any rights Executive Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”)) against the Releasees, and that this waiver and release is knowing and voluntary. Executive understands and Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive understands and Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive Employee has been advised by this writing that: (a) Executive has the right to and Employee should consult with an attorney prior to executing this Agreement; (b) Executive Employee has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive Employee has seven (7) business days following ExecutiveEmployee’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Employee signs this Agreement and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive Employee hereby acknowledges that Executive Employee has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, Employee acknowledges and such understands that revocation must be accomplished by a written notification to the undersigned Company representative that is received no later than prior to the seventh (7th) business Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day after Executive signs this Agreement.period. ​

Appears in 1 contract

Samples: Separation Agreement (Theriva Biologics, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive Employee understands and acknowledges that Executive Employee is waiving and releasing any rights Executive Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive Employee understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive Employee understands and acknowledges that some of the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive Employee has been advised by this writing that: (a) Executive has the right to and Employee should consult with an attorney prior to executing this Agreement; (b) Executive Employee has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive Employee has seven (7) business days following ExecutiveEmployee’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Employee signs this Agreement and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive Employee hereby acknowledges that Executive Employee has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, Employee acknowledges and such understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received no later than prior to the seventh (7th) business eighth day after Executive Employee signs this Agreement. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 1 contract

Samples: Separation Agreement (Maxlinear, Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Consultant acknowledges that Executive Consultant is waiving and releasing any rights Executive Consultant may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and Consultant agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive Consultant signs this Second Release Agreement but does apply to any claims Consultant may have up to the date he executes this Second Release Agreement. Executive understands and Consultant acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Consultant was already entitled. Executive Consultant further understands and acknowledges that Executive Consultant has been advised by this writing that: (a) Executive has the right to and Consultant should consult with an attorney prior to executing this Second Release Agreement; (b) Executive Consultant has [twenty-one (21)] ) days within which to consider this Second Release Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreementas set forth further below; (c) Executive Consultant has seven (7) business days following ExecutiveConsultant’s execution of this Second Release Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanySecond Release Agreement; (d) this Second Release Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Second Release Agreement prevents or precludes Executive Consultant from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Consultant signs this Second Release Agreement and returns it to the Company in less than the [twenty-one (21)] day 21)-day period identified above, Executive Consultant hereby acknowledges that Executive Consultant has freely knowingly and voluntarily chosen to waive the time period allotted for considering this Second Release Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, Consultant acknowledges and such understands that revocation must be accomplished by a written notification to the person executing this Second Release Agreement on the Company’s behalf that is received no later than prior to the seventh Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the twenty-one (7th) business day after Executive signs this Agreement21)-day period.

Appears in 1 contract

Samples: Consulting Agreement (Cutera Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive Employee understands and acknowledges that Executive Employee is waiving and releasing any rights Executive Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive Employee understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive Employee signs this Agreement. Executive Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive Employee has been advised by this writing that: (a) Executive has the right to and Employee should consult with an attorney prior to executing this Agreement; (b) Executive Employee has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive Employee has seven (7) business days following ExecutiveEmployee’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In the event Executive Employee signs this Agreement and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive Employee hereby acknowledges that Executive Employee has freely knowingly and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this AgreementEmployee acknowledges and understands that revocation must be accomplished by a written notification to Sxxxxxx Xxxxx, Executive must notify the Company in writing sent to the Chief Executive Legal Officer of the Company, and such revocation must be via email at [***] that is received no later than prior to the seventh (7th) business Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day after Executive signs this Agreementperiod.

Appears in 1 contract

Samples: Separation Agreement (Palladyne AI Corp.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs executes this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been is hereby advised by this writing that: (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has [twenty-one (21)] 21/45]2 days within which to consider this Agreement, and the Parties parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven (7) business days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the [twenty-one (21)21/45] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, and such revocation must be received no later than the seventh (7th) business day after Executive signs this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Selecta Biosciences Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Employee acknowledges that Executive Employee is waiving and releasing any rights Executive Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this AgreementSupplemental Release. Executive understands and Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive Employee has been advised by this writing that: (a) Executive has the right to and Employee should consult with an attorney prior to executing this AgreementSupplemental Release; (b) Executive Employee has [twenty-one (21)] ) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this AgreementSupplemental Release; (c) Executive Employee has seven (7) business days following ExecutiveEmployee’s execution of this Agreement Supplemental Release to revoke this Agreement pursuant to written notice to the General Counsel of the CompanySupplemental Release; (d) this Agreement Supplemental Release shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement Supplemental Release prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Employee signs this Agreement Supplemental Release and returns it to the Company in less than the [twenty21-one (21)] day period identified above, Executive Employee hereby acknowledges that Executive Employee has freely and voluntarily chosen to waive the time period allotted for considering this AgreementSupplemental Release. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, Employee acknowledges and such understands that revocation must be accomplished by a written notification to the person executing this Supplemental Release on the Company’s behalf that is received no later than prior to the seventh (7th) business eighth day after Executive Employee signs this AgreementSupplemental Release. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 1 contract

Samples: Separation Agreement and Release (Okta, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and Employee acknowledges that Executive Employee is waiving and releasing any rights Executive Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”)) against the Releasees, and that this waiver and release is knowing and voluntary. Executive understands and Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive understands and Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further understands and acknowledges that Executive Employee has been advised by this writing that: (a) Executive has the right to and Employee should consult with an attorney prior to executing this Agreement; (b) Executive Employee has [twenty-one (21)] ) calendar days within which to consider this AgreementAgreement (the twenty-second (22nd) calendar date, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement“Due Date”); (c) Executive Employee has seven (7) business days following ExecutiveEmployee’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired without revocationexpired; and (e) nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Employee signs this Agreement and returns it to the Company in less than before the [twenty-one (21)] day period identified aboveDue Date, Executive Employee hereby acknowledges that Executive Employee has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Chief Executive Officer of the Company, Employee acknowledges and such understands that revocation must be accomplished by a written notification to the undersigned Company representative that is received no later than prior to the seventh (7th) business Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day after Executive signs this Agreementperiod for reviewing the Agreement or extend the Due Date.

Appears in 1 contract

Samples: Separation Agreement (Olo Inc.)

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