Acknowledgment of Waiver of Claims under ADEA. Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Executive agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Executive 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 acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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 he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.
Appears in 3 contracts
Samples: Separation Agreement (NovaBay Pharmaceuticals, Inc.), Separation Agreement (Obagi Medical Products, Inc.), Severance Agreement (Polycom Inc)
Acknowledgment of Waiver of Claims under ADEA. Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive agrees and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Executive 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 acknowledges that he has been advised by this writing that: that (a) he should consult with an attorney prior to executing this Agreement; (b) he has at least twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his the execution of this Agreement by the parties to revoke this the Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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 Any revocation should be in writing and delivered to the event Vice-President, Human Resources at the Company by close of business on the seventh day from the date that Executive signs this Agreement and returns it to the Company in less than the 21-day period identified above, Executive hereby acknowledges that he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.
Appears in 3 contracts
Samples: Ceo Employment Agreement, Ceo Employment Agreement (Tintri, Inc.), Ceo Employment Agreement (Tintri, Inc.)
Acknowledgment of Waiver of Claims under ADEA. Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“"ADEA”), ") and that this waiver and release is knowing and voluntary. Executive agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Executive 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 acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his the execution of this Agreement by the parties to revoke this the Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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 from 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 he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.
Appears in 3 contracts
Samples: Separation Agreement (Sagent Technology Inc), Separation Agreement (Sagent Technology Inc), Transition Agreement (Cholestech Corporation)
Acknowledgment of Waiver of Claims under ADEA. Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive agrees and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. , Executive 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 acknowledges that he has been advised by this writing that: that (a) he should consult with an attorney prior to executing this Agreement; (b) he has at least twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his the execution of this Agreement by the parties to revoke this the Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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 it to the Company in less than the 21-day period identified above, Executive hereby acknowledges that he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.by
Appears in 2 contracts
Samples: Severance Agreement (eHealth, Inc.), Severance Agreement (eHealth, Inc.)
Acknowledgment of Waiver of Claims under ADEA. The Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. The Executive agrees and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Executive acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which the Executive was already entitled. The Executive further acknowledges that he has been advised by this writing that: that (a) he should consult with an attorney prior to executing this Agreement; (b) he has at least twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his the execution of this Agreement by the Parties to revoke this the Agreement; and (d) this Agreement shall not be effective until after the revocation period has expired; . Any revocation should be in writing and delivered to the Company by the close of business on the seventh (e7th) nothing in this Agreement prevents or precludes Executive day from challenging or seeking a determination in good faith of the validity of this waiver under date that 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 he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.
Appears in 2 contracts
Samples: Severance Agreement (Cholestech Corporation), Severance Agreement (Cholestech Corporation)
Acknowledgment of Waiver of Claims under ADEA. Executive acknowledges that he Executive is waiving and releasing any rights he Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive agrees and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date (defined below) of this Agreement. Release, Executive acknowledges that the consideration given for this waiver and release is Release in addition to anything of value to which Executive was already entitled. Executive further acknowledges that he Executive has been advised by this writing that: :
(a) he Executive should consult with an attorney prior to executing this Agreement; Release;
(b) he Executive has at least twenty-one (21) days within which to consider this Agreement; Release, although Executive may accept the terms of this Release at any time within those 21 days;
(c) he Executive has at least seven (7) days following his the execution of this Agreement Release by the parties to revoke this AgreementRelease; and
(d) this Agreement shall This Release will not be effective until after the revocation period has expired; and expired (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 he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement“Effective Date”).
Appears in 2 contracts
Samples: Retention and Severance Agreement (Sonicwall Inc), Retention and Severance Agreement (Sonicwall Inc)
Acknowledgment of Waiver of Claims under ADEA. Executive Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“"ADEA”), ") and that this waiver and release is knowing and voluntary. Executive agrees Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Executive Employee acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further acknowledges that he has been advised by this writing that: that (a) he should consult with an attorney prior to executing this Agreement; (b) he has twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his the execution of this Agreement by the parties to revoke this the Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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 signs this Agreement and returns it to the Company in less than the 21-day period identified above, Executive hereby acknowledges that he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.
Appears in 2 contracts
Samples: Separation Agreement (Skillsoft Public Limited Co), Agreement and Release (Skillsoft Public Limited Co)
Acknowledgment of Waiver of Claims under ADEA. Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive agrees and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Executive 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 acknowledges that he has been advised by this writing that: that (a) he should consult with an attorney prior to executing this Agreement; (b) he has twenty-one at least twenty−one (21) days within which to consider this Agreement; (c) he has seven (7) days following his the execution of this Agreement by the parties to revoke this the Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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 Any revocation should be in writing and delivered to [HR Contact Name] at the event Company by close of business on the seventh day from the date that Executive signs this Agreement and returns it to the Company in less than the 21-day period identified above, Executive hereby acknowledges that he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.
Appears in 2 contracts
Samples: Change in Control Agreement (Lsi Industries Inc), Supplemental Benefits Agreement (Lsi Industries Inc)
Acknowledgment of Waiver of Claims under ADEA. Executive acknowledges that he Executive is waiving and releasing any rights he Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this AgreementRelease. Executive 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 acknowledges that he Executive has been advised by this writing that: (a) he Executive should consult with an attorney prior to executing this AgreementRelease; (b) he Executive has twenty-one (21) days within which to consider this AgreementRelease; (c) he Executive has seven (7) days following his the execution of this Agreement Release by the Parties to revoke this Agreementthe Release; (d) this Agreement shall Release will 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 from 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 he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.
Appears in 1 contract
Acknowledgment of Waiver of Claims under ADEA. Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“"ADEA”), ") and that this waiver and release is knowing and voluntary. Executive agrees and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this AgreementAmendment. Executive 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 acknowledges that he has been advised by this writing that: that (a) he should consult with an attorney prior PRIOR to executing this AgreementAmendment; (b) he has at least twenty-one (21) days within which to consider this AgreementAmendment; (c) he has at least seven (7) days following his the execution of this Agreement Amendment by the parties to revoke this Agreementthe Amendment; and (d) this Agreement Amendment 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 he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.
Appears in 1 contract
Acknowledgment of Waiver of Claims under ADEA. Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive agrees and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of date this AgreementAgreement is signed by Executive. Executive 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 acknowledges that he has been advised by this writing that: that (a) he should consult with an attorney prior to executing this Agreement; (b) he has could have at least twenty-one (21) days within which to consider this AgreementAgreement and that if he voluntarily chooses not to utilize the full twenty-one (21) calendar days, he has had a fully adequate opportunity to review this Agreement before signing it; (c) he has at least seven (7) days following his the execution of this Agreement by the parties to revoke this or rescind the Agreement; and (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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 he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.
Appears in 1 contract
Samples: Executive Severance Agreement (Command Center, Inc.)
Acknowledgment of Waiver of Claims under ADEA. Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive agrees and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this AgreementDate. Executive 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 acknowledges that he has been advised by this writing that: that (a) he should consult with an attorney prior to executing this Agreement; (b) he has at least twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his the execution of this Agreement by the Parties to revoke this the Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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 Any revocation should be in writing and delivered to the event Company’s General Counsel by close of business on the seventh day from the date that Executive signs this Agreement and returns it to the Company in less than the 21-day period identified above, Executive hereby acknowledges that he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.
Appears in 1 contract
Samples: Release of Claims (Tintri, Inc.)
Acknowledgment of Waiver of Claims under ADEA. Executive Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive agrees Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Executive Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further acknowledges that he has been advised by this writing that: ;
(a) he should consult with an attorney prior to executing this Agreement; ;
(b) he has up to twenty-one (21) days within which to consider this Agreement; ;
(c) he has seven (7) days following his execution of this Agreement to revoke this the Agreement; ;
(d) this Agreement shall not be effective until after the revocation period has expired; and and
(e) nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in of 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 it to the Company in less than the 21-day period identified above, Executive hereby acknowledges that he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.
Appears in 1 contract
Acknowledgment of Waiver of Claims under ADEA. Executive Consultant acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“"ADEA”), ") and that this waiver and release is knowing and voluntary. Executive agrees Consultant and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Executive 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 acknowledges that he has been advised by this writing that: that (a) he should consult with an attorney prior to executing this Agreement; (b) he has twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his the execution of this Agreement by the parties to revoke this the Agreement; and (d) this Agreement shall not be effective until after the revocation period has expired; . Any revocation should be in writing and (e) nothing in this Agreement prevents or precludes 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 delivered to the Company in less than President and Chief Executive Officer at the 21-Company, by close of business on the seventh (7th) day period identified above, Executive hereby acknowledges from the date that he has freely and voluntarily chosen to waive the time period allotted for considering Consultant signs this Agreement.
Appears in 1 contract
Samples: Consulting Agreement (Novell Inc)
Acknowledgment of Waiver of Claims under ADEA. The Executive acknowledges that he she is waiving and releasing any rights he she may have under the Age Discrimination in Employment Act of 1967 (“"ADEA”), ") and that this waiver and release is knowing and voluntary. The Executive agrees and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. The Executive acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which the Executive was already entitled. The Executive further acknowledges that he she has been advised by this writing that: that (a) he she should consult with an attorney prior to executing this Agreement; (b) he she has at least twenty-one (21) days within which to consider this Agreement; (c) he she has seven (7) days following his the execution of this Agreement by the Parties to revoke this the Agreement; and (d) this Agreement shall not be effective until after the revocation period has expired; . Any revocation should be in writing and delivered to the Company by the close of business on the seventh (e7th) nothing in this Agreement prevents or precludes Executive day from challenging or seeking a determination in good faith of the validity of this waiver under date that 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 he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.
Appears in 1 contract
Acknowledgment of Waiver of Claims under ADEA. Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive agrees and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this AgreementDate. Executive acknowledges that the consideration given for the waivers and releases set forth in this waiver and release is Agreement are in addition to anything of value to which Executive was already entitled. Executive further acknowledges that he has been advised by this writing that: :
(a) he should consult with an attorney prior to executing this Agreement; ;
(b) he has at least twenty-one (21) days within which to consider this Agreement; ;
(c) he has at least seven (7) days following his the execution of this Agreement by the parties to revoke this Agreementthe Agreement (the “Revocation Period”); and
(d) this Agreement shall not be effective until after the revocation period 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 he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.
Appears in 1 contract
Acknowledgment of Waiver of Claims under ADEA. Executive Director acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive agrees Director and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Executive Director acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Director was already entitled. Executive Director further acknowledges that he has been advised by this writing that: that (a) he should consult with an attorney prior to executing this Agreement; (b) he has twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his the execution of this Agreement by Director to revoke this Agreementthe Agreement (the “Revocation Period”); and (d) this Agreement shall not be effective with regard to ADEA claims until after the revocation period has expired; and (e) nothing in . Director also acknowledges that his right to revoke acceptance of this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith ends after the seventh day following his execution of the validity of this waiver under 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 he shall have no further right to the Company in less than the 21-day period identified above, Executive hereby acknowledges that he has freely and voluntarily chosen to waive the time period allotted for considering revoke his acceptance of this AgreementAgreement after such date.
Appears in 1 contract
Samples: Separation Agreement (Unify Corp)
Acknowledgment of Waiver of Claims under ADEA. Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive agrees and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date effective date of this Agreement. Executive 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 acknowledges that he has been advised by this writing that: that (a) he should consult with an attorney prior to executing this Agreement; (b) he has at least twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his the execution of this Agreement by the parties to revoke this the Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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 Any revocation should be in writing and delivered to the event Vice-President of Human Resources at the Company by close of business on the seventh day from the date that Executive signs this Agreement and returns it to the Company in less than the 21-day period identified above, Executive hereby acknowledges that he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.
Appears in 1 contract
Samples: Change in Control and Severance Agreement (Hawaiian Holdings Inc)
Acknowledgment of Waiver of Claims under ADEA. Executive Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this AgreementRelease. Executive 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 acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this AgreementRelease; (b) he has twenty-one (21) days within which to consider this AgreementRelease; (c) he has seven (7) days following his the execution of this Agreement Release by the Parties to revoke this Agreementthe Release; (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, penalties or costs for from 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 he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.
Appears in 1 contract
Samples: Severance and Release Agreement (Symphonix Devices Inc)
Acknowledgment of Waiver of Claims under ADEA. Executive acknowledges --------------------------------------------- that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“"ADEA”), ") and that this waiver and release is knowing and voluntary. Executive agrees and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this AgreementDate. Executive 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 acknowledges that he has been advised by this writing that: that (a) he should consult with an attorney prior to ----- executing this Agreement; (b) he has at least twenty-one (21) days within which to consider this Agreement; (c) he has at least seven (7) days following his the execution of this Agreement by the Parties to revoke this the Agreement; and (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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 he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.
Appears in 1 contract
Acknowledgment of Waiver of Claims under ADEA. Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“"ADEA”), ") and that this waiver and release is knowing and voluntary. Executive agrees and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Executive 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 acknowledges that he has been advised by this writing that: that (a) he should consult with an attorney prior to executing this Agreement; (b) he has at least twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his the execution of this Agreement by the parties to revoke this the Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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 Any revocation should be in writing and delivered to the event Vice-President of Human Resources at the Company by close of business on the seventh day from the date that Executive signs this Agreement and returns it to the Company in less than the 21-day period identified above, Executive hereby acknowledges that he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.
Appears in 1 contract
Samples: Change of Control and Retention Agreement (SALESFORCE.COM, Inc.)
Acknowledgment of Waiver of Claims under ADEA. Executive Employee acknowledges --------------------------------------------- that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“"ADEA”), ") and that this waiver and release is knowing and voluntary. Executive Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Executive 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 acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to ----- executing this Agreement; (b) he has twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his the execution of this Agreement by the parties to revoke this the Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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 from 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 he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.
Appears in 1 contract
Samples: Separation Agreement (New Focus Inc)
Acknowledgment of Waiver of Claims under ADEA. Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“"ADEA”), ") and that this waiver and release is knowing and voluntary. Executive agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Executive 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 acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this the Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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 from 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 he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.
Appears in 1 contract
Samples: Severance Agreement (Avanex Corp)
Acknowledgment of Waiver of Claims under ADEA. Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive agrees that this This waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this AgreementRelease, and does not prohibit Executive from exercising legal rights that are, as a matter of law, not subject to waiver. Executive acknowledges that the consideration given for this waiver and release Release is in addition to anything of value to which Executive he was already entitled, and that he has received, or will receive, regardless of the execution of this Release, all wages owed to him together with any accrued but unused vacation pay, less applicable withholding and deductions, earned through the Separation Date. Executive further acknowledges that he has been advised by this writing that: (a) he :
a. He should consult with an attorney prior to executing this Agreement; (b) he has Release;
b. He may take up twenty-one (21) days within which to consider this Agreement; (c) he Release, although Executive may accept the terms of this Release at any time within those 21 days;
c. He has seven (7) days following his the execution of this Agreement Release to revoke this AgreementRelease; (d) this Agreement shall and
d. This Release 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 than the 21-day period identified above, Executive hereby acknowledges that he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.
Appears in 1 contract
Acknowledgment of Waiver of Claims under ADEA. Executive Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ADEA and that this waiver and release is knowing and voluntary. Executive agrees Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date effective date of this Agreement. Executive Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further acknowledges that he has been advised by this writing that: that (a) he should consult with an attorney prior to executing this Agreement; (b) he has at least twenty-one (21) days within which to consider this Agreement; (c) he has at least seven (7) days following his the execution of this Agreement by the parties to revoke this the Agreement; and (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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 he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.
Appears in 1 contract
Acknowledgment of Waiver of Claims under ADEA. Executive Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“"ADEA”), ") and that this waiver and release is knowing and voluntary. Executive Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Executive 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 acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this the Agreement; and (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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 he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.
Appears in 1 contract
Samples: Employment Agreement (Resonate Inc)
Acknowledgment of Waiver of Claims under ADEA. Executive Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Executive 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 acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his the execution of this Agreement by the parties to revoke this the Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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 signs this Agreement and returns it to the Company in less than the 21-day period identified above, Executive hereby acknowledges that he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.
Appears in 1 contract
Samples: Severance Agreement (New Focus Inc)
Acknowledgment of Waiver of Claims under ADEA. Executive Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") as amended by the Older Workers Benefit Protection Act (“ADEAOWBPA”), ) and that this waiver and release is knowing and voluntary. Executive agrees Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA ADEA/OWBPA after the Effective Date of this Agreement. Executive Employee acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value any consideration to which Executive Employee was already entitled. Executive Employee further acknowledges that that:
(a) he has been advised by this writing that: (a) that he should consult with an attorney prior to executing this Agreement; ;
(b) he has twentyat least forty-one five (2145) days within which to consider this Agreement; ;
(c) he has at least seven (7) days following his the execution of this Agreement by the parties to revoke this the Agreement; and
(d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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 he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.
Appears in 1 contract
Acknowledgment of Waiver of Claims under ADEA. Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. Executive agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Executive 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 acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his the execution of this Agreement by the Parties to revoke this the Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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 from 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 he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.
Appears in 1 contract
Samples: Severance Agreement (Avanex Corp)
Acknowledgment of Waiver of Claims under ADEA. Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“"ADEA”), ") and that this waiver and release is knowing and voluntary. Executive agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Separation Agreement. Executive 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 acknowledges that he has been advised by this writing that: (ai) he should consult with an attorney prior to executing this Separation Agreement; (bii) he has twenty-one (21) days within which to consider this Separation Agreement; (ciii) he has seven (7) days following his the execution of this Separation Agreement by the parties to revoke this the Separation Agreement; and (div) this Separation Agreement shall not be effective until after the revocation period has expired; and (e) nothing . Should Executive decide to revoke this Separation Agreement, notice of revocation must be delivered in this Agreement prevents writing to the Chief Executive Officer or precludes Executive from challenging or seeking a determination in good faith Chairman of the validity Board of this waiver under Directors of 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 he has freely and voluntarily chosen to waive the time period allotted for considering this AgreementCompany.
Appears in 1 contract
Acknowledgment of Waiver of Claims under ADEA. Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“"ADEA”"), and that this waiver and release is knowing and voluntary. Executive agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Executive 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 acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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 he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.
Appears in 1 contract
Samples: Separation and Release of Claims Agreement (Td Ameritrade Holding Corp)