Common use of ADEA Waiver and Release Clause in Contracts

ADEA Waiver and Release. I acknowledge that I am knowingly and voluntarily waiving and releasing any rights I may have under ADEA. I also acknowledge that the consideration given for the waiver and release herein is in addition to anything of value to which I was already entitled. I further acknowledge that I have been advised by this writing, as required by the ADEA, that: (a) my waiver and release do not apply to any rights or claims that may arise after the execution date of this Agreement; (b) I have been advised hereby that I have the right to consult with an attorney prior to executing this Agreement; (c) I have twenty-one (21) days from the date I receive this Agreement to consider this Agreement (although I voluntarily may choose to execute this Agreement earlier); (d) I have seven (7) days following the execution of this Agreement to revoke the Agreement; and (e) this Agreement shall not be effective until the later of (i) the date upon which the revocation period has expired, which shall be the eighth (8th) day after I execute this Agreement, or (ii) the date I return this Agreement, fully executed, to the Company. I acknowledge that for this Release Agreement to be effective, I must sign and return it to the Company within twenty-one (21) days after the date I receive it and I must not revoke it at any time during the above-referenced seven (7) day revocation period. I acknowledge that I have read and understand Section 1542 of the California Civil Code which reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” I hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to my release of any unknown or unsuspected claims I may have against any of the Released Parties. I understand that this Release Agreement, together with the Change in Control Agreement, constitutes the complete, final and exclusive embodiment of the entire agreement between the Company and me with regard to the subject matter hereof. I am not relying on any promise or representation by the Company that is not expressly stated herein. EMPLOYEE Name: Date:

Appears in 2 contracts

Samples: In Control Agreement (Asyst Technologies Inc /Ca/), Control Agreement (Asyst Technologies Inc /Ca/)

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ADEA Waiver and Release. I acknowledge that I am knowingly and voluntarily waiving and releasing any rights I may have under the ADEA, as amended. I also acknowledge that the consideration given for the waiver and release herein in the preceding paragraph hereof is in addition to anything of value to which I was already entitled. I further acknowledge that I have been advised by this writing, as required by the ADEA, that: (a) my waiver and release do does not apply to any rights or claims that may arise after the execution date of this Agreement; (b) I have been advised hereby that I have the right to consult with an attorney prior to executing this Agreement; (c) I have been given twenty-one (21) days from the date I receive this Agreement to consider this Agreement (although I voluntarily may choose to execute this Agreement earlier)Agreement; (d) I have seven (7) days following the execution of this Agreement by the parties to revoke the Agreement; and (e) this Agreement shall will not be effective until the later of (i) the date upon which the revocation period has expired, which shall will be the eighth (8th) day after I execute this AgreementAgreement is executed by you, or (ii) the date I return this Agreement, fully executed, to the Company. I acknowledge provided that for this Release Agreement to be effective, I must sign and return it to the Company within twenty-one has also executed this Agreement by that date (21) days after the date I receive it “Effective Date”). The parties acknowledge and I must not revoke it at any time during the above-referenced seven (7) day agree that revocation period. I acknowledge that I have read and understand Section 1542 by you of the California Civil Code which reads as follows: “A general release does ADEA Waiver and Release is not extend effective to claims which the creditor does not know revoke your waiver or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” I hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to my release of any unknown other claims pursuant to this Agreement. I agree not to disparage Company or unsuspected claims Company’s officers, directors, employees, shareholders, parents, subsidiaries, affiliates, and agents, in any manner likely to be harmful to them or their business, business reputation or personal reputation; provided that I may respond accurately and fully to any question, inquiry or request for information when required by legal process By: /s/ Xxxx Xxxxxx Date: October 7, 2011 EXHIBIT C DESCRIPTION OF EQUITY AWARD TERMS All Options granted pursuant to Section 6 of this Agreement shall have against any of the Released Parties. I understand that this Release Agreement, together with the Change in Control Agreement, constitutes the complete, final and exclusive embodiment of the entire agreement between the Company and me with regard to the subject matter hereof. I am not relying on any promise or representation by the Company that is not expressly stated herein. EMPLOYEE Name: Datefollowing terms:

Appears in 1 contract

Samples: Non Solicitation Agreement (Startek Inc)

ADEA Waiver and Release. I acknowledge that I am knowingly and voluntarily waiving and releasing any rights I may have under ADEA. I also acknowledge that the consideration given for the waiver and release herein is in addition to anything of value to which I was already entitled. I further acknowledge that I have been advised by this writing, as required by the ADEA, that: (a) my waiver and release do not apply to any rights or claims that may arise after the execution date of this Agreement; (b) I have been advised hereby that I have the right to consult with an attorney prior to executing this Agreement; (c) I have twenty-one (21) 21 days from the date I receive this Agreement to consider this Agreement (although I voluntarily may choose to execute this Agreement earlier); (d) I have seven (7) days following the execution of this Agreement to revoke the Agreement; and (e) this Agreement shall not be effective until the later of (i) the date upon which the revocation period has expired, which shall be the eighth (8th) day after I execute this Agreement, or (ii) the date I return this Agreement, fully executed, to the Company. I acknowledge that for this Release Agreement to be effective, I must sign and return it to the Company within twenty-one (21) 21 days after the date I receive it and I must not revoke it at any time during the above-referenced seven (7) seven-day revocation period. I acknowledge that I have read and understand Section 1542 of the California Civil Code which reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” I hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to my release of any unknown or unsuspected claims I may have against any of the Released Parties. I understand that this Release Agreement, together with the Change in Change-in-Control Agreement, constitutes the complete, final and exclusive embodiment of the entire agreement between the Company and me with regard to the subject matter hereof. I am not relying on any promise or representation by the Company that is not expressly stated hereinin this Release Agreement. EMPLOYEE NameXxxxx XxXxxxx By: Its: Date: ACCEPTED AND AGREED: MOSYS INC. By: Its: Date:

Appears in 1 contract

Samples: In Control Agreement (MoSys, Inc.)

ADEA Waiver and Release. I acknowledge that I am knowingly and voluntarily waiving and releasing any rights I may have under the ADEA, as amended. I also acknowledge that the consideration given for the waiver and release herein in the preceding paragraph hereof is in addition to anything of value to which I was already entitled. I further acknowledge that I have been advised by this writing, as required by the ADEA, that: (a) my waiver and release do does not apply to any rights or claims that may arise after the execution date of this Agreement; (b) I have been advised hereby that I have the right to consult with an attorney prior to executing this Agreement; (c) I have been given twenty-one (21) days from the date I receive this Agreement to consider this Agreement (although I voluntarily may choose to execute this Agreement earlier)Agreement; (d) I have seven (7) days following the execution of this Agreement by the parties to revoke the Agreement; and (e) this Agreement shall will not be effective until the later of (i) the date upon which the revocation period has expired, which shall will be the eighth (8th) day after I execute this AgreementAgreement is executed by you, or (ii) the date I return this Agreement, fully executed, to the Company. I acknowledge provided that for this Release Agreement to be effective, I must sign and return it to the Company within twenty-one has also executed this Agreement by that date (21) days after the date I receive it “Effective Date”). The parties acknowledge and I must not revoke it at any time during the above-referenced seven (7) day agree that revocation period. I acknowledge that I have read and understand Section 1542 by you of the California Civil Code which reads as follows: “A general release does ADEA Waiver and Release is not extend effective to claims which the creditor does not know revoke your waiver or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” I hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to my release of any unknown other claims pursuant to this Agreement. I agree not to disparage Company or unsuspected claims Company’s officers, directors, employees, shareholders, parents, subsidiaries, affiliates, and agents, in any manner likely to be harmful to them or their business, business reputation or personal reputation; provided that I may have against respond accurately and fully to any of the Released Parties. I understand that this Release Agreementquestion, together with the Change in Control Agreement, constitutes the complete, final and exclusive embodiment of the entire agreement between the Company and me with regard to the subject matter hereof. I am not relying on any promise inquiry or representation request for information when required by the Company that is not expressly stated herein. EMPLOYEE Namelegal process By: Date: EXHIBIT C DESCRIPTION OF EQUITY AWARD TERMS All Options granted pursuant to Section 6 of this Agreement shall have the following terms:

Appears in 1 contract

Samples: Non Solicitation Agreement (Startek Inc)

ADEA Waiver and Release. I acknowledge that I am knowingly and voluntarily waiving and releasing any rights I may have under the ADEA, as amended. I also acknowledge that the consideration given for the waiver and release herein in the preceding paragraph hereof is in addition to anything of value to which I was already entitled. I further acknowledge that I have been advised by this writing, as required by the ADEA, that: (a) my waiver and release do does not apply to any rights or claims that may arise after the execution date of this Agreement; (b) I have been advised hereby that I have the right to consult with an attorney prior to executing this Agreement; (c) I have been given twenty-one (21) days from the date I receive this Agreement to consider this Agreement (although I voluntarily may choose to execute this Agreement earlier)Agreement; (d) I have seven (7) days following the execution of this Agreement by the parties to revoke the Agreement; and (e) this Agreement shall will not be effective until the later of (i) the date upon which the revocation period has expired, which shall will be the eighth (8th) day after I execute this AgreementAgreement is executed by you, or (ii) the date I return this Agreement, fully executed, to the Company. I acknowledge provided that for this Release Agreement to be effective, I must sign and return it to the Company within twenty-one has also executed this Agreement by that date (21) days after the date I receive it “Effective Date”). The parties acknowledge and I must not revoke it at any time during the above-referenced seven (7) day agree that revocation period. I acknowledge that I have read and understand Section 1542 by you of the California Civil Code which reads as follows: “A general release does ADEA Waiver and Release is not extend effective to claims which the creditor does not know revoke your waiver or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” I hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to my release of any unknown other claims pursuant to this Agreement. I agree not to disparage Company or unsuspected claims Company’s officers, directors, employees, shareholders, parents, subsidiaries, affiliates, and agents, in any manner likely to be harmful to them or their business, business reputation or personal reputation; provided that I may have against respond accurately and fully to any of the Released Parties. I understand that this Release Agreementquestion, together with the Change in Control Agreement, constitutes the complete, final and exclusive embodiment of the entire agreement between the Company and me with regard to the subject matter hereof. I am not relying on any promise inquiry or representation request for information when required by the Company that is not expressly stated herein. EMPLOYEE Namelegal process By: Date: EXHIBIT C DESCRIPTION OF EQUITY AWARD TERMS All Options granted pursuant to Section 4 of this Agreement shall have the following terms:

Appears in 1 contract

Samples: Non Solicitation Agreement (Startek Inc)

ADEA Waiver and Release. I acknowledge that I am knowingly and voluntarily waiving and releasing any rights I may have under ADEA. I also acknowledge that the consideration given for the waiver and release herein is in addition to anything of value to which I was already entitled. I further acknowledge that I have been advised by this writing, as required by the ADEA, that: (a) my waiver and release do not apply to any rights or claims that may arise after the execution date of this Agreement; (b) I have been advised hereby that I have the right to consult with an attorney prior to executing this Agreement; (c) I have twenty-one (21) 21 days from the date I receive this Agreement to consider this Agreement (although I voluntarily may choose to execute this Agreement earlier); (d) I have seven (7) days following the execution of this Agreement to revoke the Agreement; and (e) this Agreement shall not be effective until the later of (i) the date upon which the revocation period has expired, which shall be the eighth (8th) day after I execute this Agreement, or (ii) the date I return this Agreement, fully executed, to the Company. I acknowledge that for this Release Agreement to be effective, I must sign and return it to the Company within twenty-one (21) 21 days after the date I receive it and I must not revoke it at any time during the above-referenced seven (7) seven-day revocation period. I acknowledge that I have read and understand Section 1542 of the California Civil Code which reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” I hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to my release of any unknown or unsuspected claims I may have against any of the Released Parties. I understand that this Release Agreement, together with the Change in Change-in-Control Agreement, constitutes the complete, final and exclusive embodiment of the entire agreement between the Company and me with regard to the subject matter hereof. I am not relying on any promise or representation by the Company that is not expressly stated hereinin this Release Agreement. EMPLOYEE NameXxxxxx Xxxxxxx By: Its: Date: ACCEPTED AND AGREED: MOSYS INC. By: Its: CEO, Xxx Xxxxxx Date:

Appears in 1 contract

Samples: In Control Agreement (MoSys, Inc.)

ADEA Waiver and Release. I acknowledge that I am knowingly and voluntarily waiving and releasing any rights I may have under the ADEA, as amended by the Older Workers Benefit Protection Act (“OWBPA”). I also acknowledge that the consideration given for the waiver and release herein is in addition to anything of value to which I was already entitled. I further acknowledge that I have been advised by this writing, as required by the ADEA, that: (a) my waiver and release do not apply to any rights or claims that may arise after the execution date of this Agreement; (b) I have been advised hereby that I have the right to consult with an attorney prior to executing this Agreement; (c) I have twenty-one (21) days from the date I receive this Agreement to consider this Agreement (although I voluntarily may choose to execute this Agreement earlierearlier and, if I do so, I knowingly and voluntarily agree to waive the remaining days of the 21-day review period); (d) I have seven (7) days following the execution of this Agreement to revoke the Agreement; and (e) this Agreement shall not be effective until the later of (i) the date upon which the revocation period has expired, which shall be the eighth (8th) day after I execute this Agreement, or (ii) the date I return this Agreement, fully executed, to the Company. I acknowledge that for this Release Agreement to be effective, I must sign and return it to the Company within twenty-one (21) days after the date I receive it and I must not revoke it at any time during the above-referenced seven (7) day revocation period. I acknowledge that I have read and understand Section 1542 of the California Civil Code which reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” I hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to my release of any unknown or unsuspected claims I may have against any of the Released Parties. I understand that this Release Agreement, together with the Change in Control Agreement, constitutes the complete, final and exclusive embodiment of the entire agreement between the Company and me with regard to the subject matter hereof. I am not relying on any promise or representation by the Company that is not expressly stated herein. EMPLOYEE EMPLOYEE: Name: Date:

Appears in 1 contract

Samples: In Control Agreement (Netlogic Microsystems Inc)

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ADEA Waiver and Release. I acknowledge that I am knowingly and voluntarily waiving and releasing any rights I may have under ADEA. I also acknowledge that the consideration given for the waiver and release herein is in addition to anything of value to which I was already entitled. I further acknowledge that I have been advised by this writing, as required by the ADEA, that: (a) my waiver and release do not apply to any rights or claims that may arise after the execution date of this Agreement; (b) I have been advised hereby that I have the right to consult with an attorney prior to executing this Agreement; (c) I have twenty-one (21) 21 days from the date I receive this Agreement to consider this Agreement (although I voluntarily may choose to execute this Agreement earlier); (d) I have seven (7) days following the execution of this Agreement to revoke the Agreement; and (e) this Agreement shall not be effective until the later of (i) the date upon which the revocation period has expired, which shall be the eighth (8th) day after I execute this Agreement, or (ii) the date I return this Agreement, fully executed, to the Company. I acknowledge that for this Release Agreement to be effective, I must sign and return it to the Company within twenty-one (21) 21 days after the date I receive it and I must not revoke it at any time during the above-referenced seven (7) seven-day revocation period. I acknowledge that I have read and understand Section 1542 of the California Civil Code which reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” I hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to my release of any unknown or unsuspected claims I may have against any of the Released Parties. I understand that this Release Agreement, together with the Change in Change-in-Control Agreement, constitutes the complete, final and exclusive embodiment of the entire agreement between the Company and me with regard to the subject matter hereof. I am not relying on any promise or representation by the Company that is not expressly stated hereinin this Release Agreement. EMPLOYEE NameXxx Xxxxx By: Its: Date: ACCEPTED AND AGREED: MOSYS, INC. By: Its: CEO Date:

Appears in 1 contract

Samples: Control Agreement (MoSys, Inc.)

ADEA Waiver and Release. I acknowledge that I am knowingly and voluntarily waiving and releasing any rights I may have under ADEA. I also acknowledge that the consideration given for the waiver and release herein is in addition to anything of value to which I was already entitled. I further acknowledge that I have been advised by this writing, as required by the ADEA, that: (a) my waiver and release do not apply to any rights or claims that may arise after the execution date of this Agreement; (b) I have been advised hereby that I have the right to consult with an attorney prior to executing this Agreement; (c) I have twenty-one (21) 21 days from the date I receive this Agreement to consider this Agreement (although I voluntarily may choose to execute this Agreement earlier); (d) I have seven (7) days following the execution of this Agreement to revoke the Agreement; and (e) this Agreement shall not be effective until the later of (i) the date upon which the revocation period has expired, which shall be the eighth (8th) day after I execute this Agreement, or (ii) the date I return this Agreement, fully executed, to the Company. I acknowledge that for this Release Agreement to be effective, I must sign and return it to the Company within twenty-one (21) 21 days after the date I receive it and I must not revoke it at any time during the above-referenced seven (7) seven-day revocation period. I acknowledge that I have read and understand Section 1542 of the California Civil Code which reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” I hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to my release of any unknown or unsuspected claims I may have against any of the Released Parties. I understand that this Release Agreement, together with the Change in Change-in-Control Agreement, constitutes the complete, final and exclusive embodiment of the entire agreement between the Company and me with regard to the subject matter hereof. I am not relying on any promise or representation by the Company that is not expressly stated hereinin this Release Agreement. EMPLOYEE NameXxxxx Xxxxxxxx By: Its: Date: ACCEPTED AND AGREED: MOSYS INC. By: Its: CEO, Xxx Xxxxxx Date:

Appears in 1 contract

Samples: In Control Agreement (MoSys, Inc.)

ADEA Waiver and Release. I acknowledge that I am knowingly and voluntarily waiving and releasing any rights I may have under ADEA. I also acknowledge that the consideration given for the waiver and release herein is in addition to anything of value to which I was already entitled. I further acknowledge that I have been advised by this writing, as required by the ADEA, that: (a) my waiver and release do not apply to any rights or claims that may arise after the execution date of this Agreement; (b) I have been advised hereby that I have the right to consult with an attorney prior to executing this Agreement; (c) I have twenty-one (21) 21 days from the date I receive this Agreement to consider this Agreement (although I voluntarily may choose to execute this Agreement earlier); (d) I have seven (7) days following the execution of this Agreement to revoke the Agreement; and (e) this Agreement shall not be effective until the later of (i) the date upon which the revocation period has expired, which shall be the eighth (8th) day after I execute this Agreement, or (ii) the date I return this Agreement, fully executed, to the Company. I acknowledge that for this Release Agreement to be effective, I must sign and return it to the Company within twenty-one (21) 21 days after the date I receive it and I must not revoke it at any time during the above-referenced seven (7) seven-day revocation period. I acknowledge that I have read and understand Section 1542 of the California Civil Code which reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” I hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to my release of any unknown or unsuspected claims I may have against any of the Released Parties. I understand that this Release Agreement, together with the Change in Change-in-Control Agreement, constitutes the complete, final and exclusive embodiment of the entire agreement between the Company and me with regard to the subject matter hereof. I am not relying on any promise or representation by the Company that is not expressly stated hereinin this Release Agreement. EMPLOYEE NameXxx Xxxxxxxx By: \s\ Xxx Xxxxxxxx Its: CFO Date:: March 20, 2006 ACCEPTED AND AGREED: MONOLITHIC SYSTEM TECHNOLOGY, INC. By: \s\ Xxxx Xxxxxxxxx Its: CEO Date: March 20, 2006

Appears in 1 contract

Samples: Control Agreement (Monolithic System Technology Inc)

ADEA Waiver and Release. I acknowledge that I am knowingly and voluntarily waiving and releasing any rights I may have under ADEA. I also acknowledge that the consideration given for the waiver and release herein is in addition to anything of value to which I was already entitled. I further acknowledge that I have been advised by this writing, as required by the ADEA, that: (a) my waiver and release do not apply to any rights or claims that may arise after the execution date of this Agreement; (b) I have been advised hereby that I have the right to consult with an attorney prior to executing this Agreement; (c) I have twenty-one (21) 21 days from the date I receive this Agreement to consider this Agreement (although I voluntarily may choose to execute this Agreement earlier); (d) I have seven (7) days following the execution of this Agreement to revoke the Agreement; and (e) this Agreement shall not be effective until the later of (i) the date upon which the revocation period has expired, which shall be the eighth (8th) day after I execute this Agreement, or (ii) the date I return this Agreement, fully executed, to the Company. I acknowledge that for this Release Agreement to be effective, I must sign and return it to the Company within twenty-one (21) 21 days after the date I receive it and I must not revoke it at any time during the above-referenced seven (7) seven-day revocation period. I acknowledge that I have read and understand Section 1542 of the California Civil Code which reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” I hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to my release of any unknown or unsuspected claims I may have against any of the Released Parties. I understand that this Release Agreement, together with the Change in Change-in-Control Agreement, constitutes the complete, final and exclusive embodiment of the entire agreement between the Company and me with regard to the subject matter hereof. I am not relying on any promise or representation by the Company that is not expressly stated hereinin this Release Agreement. EMPLOYEE NameCXXXXXX XXXXXXXXX By: Its: Date: ACCEPTED AND AGREED: MONOLITHIC SYSTEM TECHNOLOGY, INC. By: Its: Date:

Appears in 1 contract

Samples: Control Agreement (Monolithic System Technology Inc)

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