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 should consult with an attorney prior to executing this Agreement; (b) Executive has 21 days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven business days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 2 contracts

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

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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:(athat: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven business [business] days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 2 contracts

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

Acknowledgment of Waiver of Claims under ADEA. 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:(athat: (a) the Executive should consult with an attorney prior to executing this AgreementRelease; (b) the Executive has 21 twenty-one (21) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; Release;[3] (c) the Executive has seven business (7) 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; 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 21 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. The Executive acknowledges and understands that revocation must be accomplished by a written notification to the person executing this Release on the Company’s behalf that is received prior to the eighth day after the Executive signs this Release. 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:(athat (a) Executive the Participant should consult with an attorney prior to executing this AgreementRelease; (b) Executive the Participant has 21 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 business (7) 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; expired 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 release in respect of a Specified Employment Matter should be in writing and delivered to the Company in less than Company, Attention: Chief Executive Officer, at the 21 Company’s principal offices by close of business on the seventh day period identified abovefrom the Closing Date or the applicable Variable Payment Date, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive as the time period allotted for considering this Agreementcase may be.

Appears in 2 contracts

Samples: Separation Agreement (Comscore, Inc.), Separation Agreement (Comscore, 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:(athat: (a) Executive has the right to and should consult with an attorney prior to executing this AgreementRelease; (b) Executive has 21 [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; and (e) nothing in this Agreement Release prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement Release and returns it to the Company in less than the 21 [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. This Release will become effective on the day immediately following the seventh (7th) business day after Executive signed this Release (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 Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that:(athat: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 forty-five (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) 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 job titles and ages of all individuals who were and were not selected; (d) Executive has seven business (7) 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; 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 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. Executive acknowledges and understands that revocation must be accomplished by a written notification to Nxxxxx Xxxxxx ([ ]@mxxxxxxxxxxx.xxx) that is received prior to the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 45-day period.

Appears in 2 contracts

Samples: Separation Agreement and Release (Meta Materials Inc.), Separation Agreement and Release (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 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:(athat: (a) Executive Employee should consult with an attorney prior to executing this Agreement; (b) Executive Employee has 21 twenty-one (21) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive Employee has seven business (7) 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; and (e) nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Employee signs this Agreement and returns it to the Company in less than the 21 21-day period identified above, Executive Employee hereby acknowledges that Executive Employee has knowingly, freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Employee acknowledges and understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received prior to the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 1 contract

Samples: Separation Agreement and Release (TrueCar, 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:(athat: (a) Executive Advisor should consult with an attorney prior to executing this Agreement; (b) Executive Advisor has 21 twenty-one (21) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive Advisor has seven business (7) 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; 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 21 21-day period identified above, Executive Advisor hereby acknowledges that Executive Advisor has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Advisor 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 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: Transition Agreement (Okta, 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:(athat: (a) Executive Consultant should consult with an attorney prior to executing this Second Release Agreement; (b) Executive Consultant has 21 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 business (7) 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; 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 21 day twenty-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 Second Release Agreement. Consultant acknowledges and 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 prior to the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the twenty-one (21)-day period.

Appears in 1 contract

Samples: Consulting Agreement (Cutera 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:(athat: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 twenty-one (21) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven business (7) days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 day twenty-one (21)-day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Executive acknowledges and understands that revocation must be accomplished by a written notification to the 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 twenty-one (21)-day period.

Appears in 1 contract

Samples: Separation 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 Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that:(athat: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 days within which to consider this Agreement, and the Parties 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 business days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.. |US-DOCS\122808486.1||

Appears in 1 contract

Samples: Employment Agreement (Seres Therapeutics, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive understands and acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the 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:(athat: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 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 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; 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 21 [21/45] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 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:(athat: (a) Executive should consult with an attorney prior to executing this AgreementRelease; (b) Executive has 21 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; and (e) nothing in this Agreement Release prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement Release and returns it to the Company in less than the 21 twenty-one (21) day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this AgreementRelease.

Appears in 1 contract

Samples: Separation Agreement and Release (Lyra 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:(athat: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 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 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; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 45 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.. |

Appears in 1 contract

Samples: Separation Agreement and Release (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 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:(athat: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 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 business days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 [21/45] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 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 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:(athat: (a) Executive Employee should consult with an attorney prior to executing this AgreementRelease; (b) Executive Employee has 21 twenty-one (21) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this AgreementRelease; (c) Executive Employee has seven business (7) 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; 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 21 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. Employee acknowledges and understands that revocation must be accomplished by a written notification to the person executing this Release on the Company’s behalf that is received prior to the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 1 contract

Samples: Separation Agreement (Affirm Holdings, 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:(athat: (a) Executive Employee should consult with an attorney prior to executing this Agreement; (b) Executive Employee has 21 twenty-one (21) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive Employee has seven business (7) 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; 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 21 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. Employee acknowledges and understands that revocation must be accomplished by a written notification to Sxxxxxx Xxxxx, the Chief Legal Officer of the Company, via email at [***] that is received prior to the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 1 contract

Samples: Separation Agreement and Release (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 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:(athat: (a) Executive should consult with an attorney prior to executing this AgreementRelease; (b) Executive has 21 [twenty-one (21)][forty-five (45)] days within which to consider this AgreementRelease, and the Parties agree that such time period to review this 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; and (e) nothing in this Agreement Release prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement Release and returns it to the Company in less than the 21 [twenty-one (21)][forty- five (45)] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this AgreementRelease.

Appears in 1 contract

Samples: Employment Agreement (Lyra 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 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:(athat (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 at least twenty-one (21) days within which to consider this Agreement, 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 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; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns delivers it to the Company in less than the 21 day twenty-one (21)-day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Executive acknowledges and understands that revocation must be accomplished by a written notification to the Chief Legal Officer of the Company that is received prior to the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the twenty-one (21)-day period. 7.

Appears in 1 contract

Samples: Transition Agreement (Infinera 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 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:(athat: (a) Executive should consult with an attorney prior to executing this AgreementSeparation Date Release; (b) Executive has 21 twenty-one (21) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this AgreementSeparation Date Release; (c) Executive has seven business (7) 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; 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 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 AgreementSeparation Date Release. Executive acknowledges and understands that any revocation of this Separation Date Release must be accomplished by a written notification to the 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 21-day period. 3.

Appears in 1 contract

Samples: Separation Agreement And (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 this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that:(athat: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 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 business (7) days following Executive’s execution of this Agreement to revoke any ADEA claim released by this Agreement pursuant to written notice to the General Counsel of the CompanyAgreement; (d) this Agreement shall not be effective with regard to a claim under the ADEA until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 21-day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Executive acknowledges and understands that revocation must be accomplished by a written notification either hand delivered to the Company’s office in Herndon, Virginia, to the attention of the Company’s Chief Executive Officer, or sent by email to the Company’s Chief Executive Officer with a copy to the Company’s General Counsel prior to the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period. The Parties further agree that the revocation provision contained in this paragraph are applicable only to claims arising out of the ADEA and not to any other claim released by this Agreement. 7.

Appears in 1 contract

Samples: Separation Agreement And (BlackSky Technology 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:(athat: (a) the Executive should consult with an attorney prior to executing this AgreementRelease; (b) the Executive has 21 twenty-one (21) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; Release;3 (c) the Executive has seven business (7) 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; 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 the Executive signs this Agreement Release and returns it to the Company in less than the 21 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. The Executive acknowledges and understands that revocation must be accomplished by a written notification to the person executing this Release on the Company’s behalf that is received prior to the eighth day after the Executive signs this Release. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period. __________________________ 2The Company reserves the right to update this release language to account for changes in applicable law. 3The consideration period shall be increased to 45 days in the event of a group termination under the Older Workers’ Benefits Protection Act.

Appears in 1 contract

Samples: Employment Agreement (UpHealth, 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:(athat (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has at least 21 days within which to consider this Agreement, 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 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; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns delivers it to the Company in less than the 21 21-day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.. Executive acknowledges and understands that revocation must be accomplished by a written notification to the Chief Legal Officer of the Company that is received prior to the Effective Date.]2

Appears in 1 contract

Samples: Change of Control Severance Agreement (Quality Systems, 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 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:(athat (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has at least 21 days within which to consider this Agreement, 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 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; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns delivers it to the Company in less than the 21 21-day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.. Executive acknowledges and understands that revocation must be accomplished by a written notification to the Chief Legal Officer of the Company that is received prior to the Effective Date.]2

Appears in 1 contract

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

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:(athat: (a) Executive Chairman should consult with an attorney prior to executing this Agreement; (b) Executive Chairman has 21 twenty-one (21) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive Chairman has seven business (7) 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; 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 21 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. Chairman acknowledges and understands that revocation must be accomplished by a written notification to the undersigned Company representative that is received prior to the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 1 contract

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

Appears in 1 contract

Samples: Transition and Separation Agreement (Precision 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 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:(athat: (a) Executive should consult with an attorney prior to executing this AgreementRelease; (b) Executive has 21 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; and (e) nothing in this Agreement Release prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement Release and returns it to the Company in less than the 21 twenty-one (21) day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this AgreementRelease.

Appears in 1 contract

Samples: Employment Agreement (Lyra Therapeutics, 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:(athat: (a) the Executive should consult with an attorney prior to executing this AgreementRelease; (b) the Executive has 21 forty-five (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 business (7) 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; 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 21 45-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. The Executive acknowledges and understands that revocation must be accomplished by a written notification to the person executing this Release on the Company’s behalf that is received prior to the eighth day after the Executive signs this Release. 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 (UpHealth, 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:(athat: (a) Executive has the right to and should consult with an attorney prior to executing this Agreement; (b) Executive has 21 [twenty-one (21)] days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven business days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expiredexpired 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 21 [twenty-one (21)] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. To revoke this Agreement, Executive must notify the Company in writing sent to the Lead Independent Director of the Board, 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 (CG Oncology, Inc.)

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

Appears in 1 contract

Samples: Employment Agreement (Fractyl Health, 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:(athat: (a) Executive Employee should consult with an attorney prior to executing this Agreement; (b) Executive Employee has 21 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 business (7) 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; 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 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. Employee acknowledges and understands that revocation must be accomplished by a written notification to the undersigned Company representative that is received prior to the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period for reviewing the Agreement or extend the Due Date.

Appears in 1 contract

Samples: Separation Agreement and Release (Olo 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:(athat: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven 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; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Sight Sciences, Inc.)

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

Appears in 1 contract

Samples: Separation Agreement and Release (Intevac 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:(athat: (a) Executive Advisor should consult with an attorney prior to executing this AgreementSupplemental Release; (b) Executive Advisor has 21 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 business (7) 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; 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 21 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. Advisor acknowledges and understands that revocation must be accomplished by a written notification to the undersigned Company representative 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 21-day period.

Appears in 1 contract

Samples: Transition Agreement and Release (Affirm Holdings, 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:(athat: (a) Executive Employee should consult with an attorney prior to executing this Separation Agreement; (b) Executive Employee has 21 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 business (7) 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; 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 21 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. Employee acknowledges and 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 prior to the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 1 contract

Samples: Transition Agreement and Release (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 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:(athat (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 at least twenty-one (21) days within which to consider this Agreement, 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 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; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns delivers it to the Company in less than the 21 day twenty-one (21)-day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Executive acknowledges and understands that revocation must be accomplished by a written notification to the Chief Legal Officer of the Company that is received prior to the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the twenty-one (21)-day period. 6.

Appears in 1 contract

Samples: Transition Agreement

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:(athat: (a) Executive the Employee should consult with an attorney prior to executing this Release Agreement, including this ADEA Release; (b) Executive the Employee has 21 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 business (7) 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; 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 21 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 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 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:(athat: (a) Executive Employee should consult with an attorney prior to executing this AgreementSupplemental Release; (b) Executive Employee has 21 twenty-one (21) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this AgreementSupplemental Release; (c) Executive Employee has seven business (7) 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; 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 21 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. Employee acknowledges and understands that revocation must be accomplished by a written notification to the person executing this Supplemental Release on the Company’s behalf that is received prior to the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 1 contract

Samples: Separation Agreement and Release (Ambarella 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 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 should consult with an attorney prior to executing this Agreement; (b) Executive Employee has 21 days from receipt of the 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: (a) 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) full days following execution of this Release to revoke this Release by providing written notice of such revocation to the Company’s General Counsel. 2 (c) Executive has seven business days following Executive’s execution Has carefully read and fully understands all of the provisions of this Agreement Release and knowingly and voluntarily agrees to revoke this Agreement pursuant to written notice to the General Counsel all of the Companyterms 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 expireddate this Release is executed by all parties are not waived; (e) Knowingly and voluntarily agrees to all of the terms set forth in this Release, and knowingly and voluntarily intends to be legally bound by all of the terms of this Release; (f) Is advised to consult an attorney of Employee's choice; and (eg) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith Acknowledges that Employee's employment with the Company terminated as of the validity Separation Agreement, regardless of whether Employee elects to revoke this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal lawRelease. In the event Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement3.

Appears in 1 contract

Samples: Separation 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 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:(athat: (a) Executive should consult with an attorney prior to executing this AgreementSeparation Date Release; (b) Executive has 21 twenty-one (21) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this AgreementSeparation Date Release; (c) Executive has seven business (7) 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; 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 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 AgreementSeparation Date Release. Executive acknowledges and understands that any revocation of this Separation Date Release must be accomplished by a written notification to the 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 21-day period.

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 this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that Executive has been advised by this writing that:(athat: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 days 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 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; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 1 contract

Samples: Separation Agreement and Release (Immuneering Corp)

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:(athat: (a) Executive 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 21 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 business (7) 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; 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 21 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. 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, the Company shall have no obligation to pay, or otherwise deliver to Executive, any part of the consideration hereunder. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-calendar day period.

Appears in 1 contract

Samples: Separation and Release of Claims Agreement (Stem, 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:(athat: (a) Executive should consult with an attorney prior to executing this Agreement; (b) Executive has 21 days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive has seven business days following Executive’s execution of this Agreement to revoke this Agreement pursuant to written notice to the General Counsel of the Company; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the |US-DOCS\118255601.2|| Company in less than the 21 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 1 contract

Samples: Separation Agreement and Release (SQZ Biotechnologies Co)

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:(athat: (a) Executive should consult with an attorney prior to executing this AgreementSupplemental Release; (b) Executive has 21 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 business (7) 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; and (e) nothing in this Agreement Supplemental Release prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement Supplemental Release and returns it to the Company in less than the 21 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. Executive acknowledges and understands that revocation must be accomplished by a written notification to the undersigned Company representative 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 21-day period.

Appears in 1 contract

Samples: Transition Agreement and Release (Intevac 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:(athat: (a) Executive Employee should consult with an attorney prior to executing this Agreement; (b) Executive Employee has 21 twenty-one (21) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Executive Employee has seven business (7) 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; and (e) nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive Employee signs this Agreement and returns it to the Company in less than the 21 21-day period identified above, Executive Employee hereby acknowledges that Executive Employee has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Employee acknowledges and understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received prior to the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 1 contract

Samples: Separation and Release of Claims Agreement (Flir Systems 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:(athat: (a) Executive should consult with an attorney prior to executing this AgreementSupplemental Release; (b) Executive has 21 twenty-one (21) days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this AgreementSupplemental Release; (c) Executive has seven business (7) 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; 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 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 AgreementSupplemental Release. Executive acknowledges and understands that any revocation of this Supplemental Release must be accomplished by a written notification to the person executing this Supplemental Release on the Company’s behalf that is received prior to the Supplemental Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period. 3.

Appears in 1 contract

Samples: Transition Agreement (Infinera Corp)

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