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Common use of ADEA Waiver Clause in Contracts

ADEA Waiver. In accordance with the Older Workers Benefit Protection Act of 1990, EMPLOYEE is hereby advised that this AGREEMENT includes a release and waiver of claims under the Age Discrimination in Employment Act (“ADEA”), and EMPLOYEE agrees as follows: (a) This AGREEMENT is written in a manner calculated to be understood by EMPLOYEE, and EMPLOYEE understands it; (b) This AGREEMENT provides consideration to EMPLOYEE in addition to anything else EMPLOYEE is already entitled to receive; (c) EMPLOYEE has forty-five (45) days prior to the execution of the AGREEMENT, and is choosing to waive this right by signing this AGREEMENT. EMPLOYEE agrees that any changes or amendments to this AGREEMENT, whether or not material, will not restart the forty-five (45) day period; (d) EMPLOYEE has seven (7) days after signing this AGREEMENT to revoke this AGREEMENT, and this AGREEMENT will not be effective, and EMPLOYEE will not receive any of the separation benefits, until that revocation period has expired; (e) EMPLOYEE has the right to consult with an attorney before signing this Agreement and, to the extent desired, EMPLOYEE has done so; and (f) EMPLOYEE does not waive rights or claims under the ADEA that may arise after the date this Agreement is executed. If EMPLOYEE wishes to revoke this AGREEMENT, EMPLOYEE must deliver written notice via email, stating EMPLOYEE’S intent to revoke to Xxxxx Xxxxxxxxx - xxxxxxxxxx@xxxxxxxxxx.xxx on or before 5:00 p.m. on the seventh (7Ih) day after the date on which you sign this AGREEMENT. 6 Xxxxxxx Xxxxxxx - General Release and Separation Agreement

Appears in 1 contract

Samples: General Release and Separation Agreement (Farmer Brothers Co)

ADEA Waiver. In accordance with the Older Workers Benefit Protection Act You acknowledge that your waiver and release hereunder of 1990, EMPLOYEE is hereby advised that this AGREEMENT includes a release and waiver of claims any rights you may have under the Age Discrimination in Employment Act of 1967 (ADEA), as amended by the Older Workers Benefit Protection Act, is knowing and EMPLOYEE agrees voluntary. You certify that you have read and understand the provisions of this release of claims. You and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the date this Separation Agreement is executed. You acknowledge that the severance benefits provided in this Separation Agreement are specifically linked to your ADEA claim release and that you would not receive the same benefits absent your agreement to provide such a release. You acknowledge that you have been advised by this writing, as follows: required by the Older Workers Benefit Protection Act, that (a) This AGREEMENT is written in a manner calculated you should consult with an attorney prior to be understood by EMPLOYEE, and EMPLOYEE understands it; executing this Separation Agreement; (b) This AGREEMENT provides consideration you have twenty-one (21) days to EMPLOYEE in addition to anything else EMPLOYEE is already entitled to receive; consider this Separation Agreement (although you may, by your own choice, execute this Separation Agreement earlier); (c) EMPLOYEE has forty-five (45) days prior to the execution of the AGREEMENT, and is choosing to waive this right by signing this AGREEMENT. EMPLOYEE agrees that any changes or amendments to this AGREEMENT, whether or not material, will not restart the forty-five (45) day period; (d) EMPLOYEE has you have seven (7) days after signing following the execution of this AGREEMENT Separation Agreement by you to revoke the Separation Agreement; and (d) this AGREEMENT, and this AGREEMENT will Separation Agreement shall not be effective, and EMPLOYEE will not receive any of effective until the separation benefits, until that date upon which this revocation period has expired; . If you wish to revoke the Separation Agreement, you must send written notice of your revocation to the attention of , to be received within seven (e7) EMPLOYEE has the days following your signature on this Separation Agreement. Separation Agreement Exhibit A The only Claims excluded from this release are claims relating to breach or enforceability of this Separation Agreement and your right to consult file a complaint, charge or other action with an attorney before signing this Agreement anda governmental agency. With regard to governmental agency complaints, however, you understand and agree that you are expressly waiving any right to obtain monetary damages or any other relief that provides personal benefit resulting from the agency claim. This waiver and release is effective to the full extent desired, EMPLOYEE has done so; and (f) EMPLOYEE the law permits you to release your individual claims. It does not waive affect reimbursement rights you may currently possess under any health insurance coverage or claims accrued rights you may have under the ADEA that may arise any retirement plan after the date this Agreement is executed. If EMPLOYEE wishes to revoke this AGREEMENT, EMPLOYEE must deliver written notice via email, stating EMPLOYEE’S intent to revoke to Xxxxx Xxxxxxxxx - xxxxxxxxxx@xxxxxxxxxx.xxx on or before 5:00 p.m. on the seventh (7Ih) day after the date on which you sign this AGREEMENT. 6 Xxxxxxx Xxxxxxx - General Release and Separation Agreementtermination.

Appears in 1 contract

Samples: Executive Employment Agreement (Cohbar, Inc.)

ADEA Waiver. In accordance with exchange for the Older Workers Benefit Protection Act of 1990Accelerated Vesting, EMPLOYEE is hereby advised that the Extended Exercise Period, and all other consideration provided to you by the Company under this AGREEMENT includes a release Agreement, other than the Severance Benefits and waiver of claims under COBRA Premium payments (or Alternative Cash Payments) (collectively, the Age Discrimination in Employment Act (ADEAADEA Waiver Consideration”), you hereby release the Released Parties of and EMPLOYEE agrees as follows: from, any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ fees, damages, indemnities and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to any claims you could assert under the ADEA (a) This AGREEMENT the “ADEA Waiver”). You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you have under the ADEA, that the ADEA Waiver Consideration is written being given in a manner calculated to be understood by EMPLOYEEconsideration for the ADEA Waiver, and EMPLOYEE understands it; (b) This AGREEMENT provides that such consideration to EMPLOYEE is in addition to anything else EMPLOYEE is of value to which you were already entitled entitled. You further acknowledge that you have been advised, as required by the ADEA, that: (i) the ADEA Waiver does not apply to receive; any rights or claims that arise after the date you sign this Agreement; (cii) EMPLOYEE has fortyyou should consult with an attorney prior to signing this Agreement (although you may choose voluntarily not to do so); (iii) you have twenty-five one (4521) days prior to the execution of the AGREEMENT, and is choosing consider this Agreement (although you may choose voluntarily to waive this right by signing this AGREEMENT. EMPLOYEE agrees that any changes or amendments to this AGREEMENT, whether or not material, will not restart the forty-five sign it earlier); (45iv) day period; (d) EMPLOYEE has you have seven (7) days after signing following the date you sign this AGREEMENT Agreement to revoke this AGREEMENT, the ADEA Waiver (in a written revocation provided to the Company’s CEO); and this AGREEMENT (v) the ADEA Waiver will not be effective, and EMPLOYEE will not receive any of effective until the separation benefits, until that date upon which the revocation period has expired; (e) EMPLOYEE has , which will be the right to consult with an attorney before signing this Agreement and, to the extent desired, EMPLOYEE has done so; and (f) EMPLOYEE does not waive rights or claims under the ADEA that may arise after the date this Agreement is executed. If EMPLOYEE wishes to revoke this AGREEMENT, EMPLOYEE must deliver written notice via email, stating EMPLOYEE’S intent to revoke to Xxxxx Xxxxxxxxx - xxxxxxxxxx@xxxxxxxxxx.xxx on or before 5:00 p.m. on the seventh (7Ih) eighth day after the date on which you sign this AGREEMENTAgreement, provided that you have not timely revoked it (the “ADEA Waiver Effective Date”). 6 Xxxxxxx Xxxxxxx - General Release You acknowledge and Separation agree that, in the event you revoke the ADEA Waiver, you will not be entitled to the ADEA Waiver Consideration; and such revocation will not affect the validity or effectiveness of the general release that you are granting in Sections 15(a)-15(c) hereof, nor shall it invalidate your entitlement to the separate consideration expressly attributed thereto in this Agreement. In granting this ADEA Waiver, you hereby covenant not to file any lawsuits, administrative proceedings, charges or other claims arising out of or in any way related to any claims you could have otherwise asserted under the ADEA.

Appears in 1 contract

Samples: Separation and Release Agreement (Newlink Genetics Corp)

ADEA Waiver. In accordance with the Older Workers Benefit Protection Act You acknowledge that Your waiver and release hereunder of 1990, EMPLOYEE is hereby advised that this AGREEMENT includes a release and waiver of claims any rights You may have under the Age Discrimination in Employment Act of 1967 (ADEA), as amended by the Older Workers Benefit Protection Act, is knowing and EMPLOYEE agrees voluntary. You certify that You have read and understand the provisions of this release of Claims. You and the Company agree that this waiver and release does not apply to any rights or Claims that may arise under ADEA after the date this Separation Agreement is executed. You acknowledge that the severance benefits provided in this Separation Agreement are specifically linked to Your ADEA Claim release and that You would not receive the same benefits absent Your agreement to provide such a release. You acknowledge that You have been advised by this writing, as follows: required by the Older Workers Benefit Protection Act, that (a) This AGREEMENT is written in a manner calculated You should consult with an attorney prior to be understood by EMPLOYEE, and EMPLOYEE understands it; executing this Separation Agreement; (b) This AGREEMENT provides consideration You have twenty-one (21) days to EMPLOYEE in addition to anything else EMPLOYEE is already entitled to receive; consider this Separation Agreement (although You may, by Your own choice, execute this Separation Agreement earlier); (c) EMPLOYEE has forty-five (45) days prior to the execution of the AGREEMENT, and is choosing to waive this right by signing this AGREEMENT. EMPLOYEE agrees that any changes or amendments to this AGREEMENT, whether or not material, will not restart the forty-five (45) day period; (d) EMPLOYEE has You have seven (7) days after signing following the execution of this AGREEMENT Separation Agreement by You to revoke the Separation Agreement; and (d) this AGREEMENT, and this AGREEMENT will Separation Agreement shall not be effective, and EMPLOYEE will not receive any of effective until the separation benefits, until that date upon which this revocation period has expired; . If You wish to revoke the Separation Agreement, You must send written notice of Your revocation to the attention of_________, to be received within seven (e7) EMPLOYEE has days following Your signature on this Separation Agreement. Separation Agreement Exhibit A The only Claims excluded from this release are (a) Claims relating to breach or enforceability of this Separation Agreement, (b) Claims for indemnity under the Company's Bylaws or Certificate of Incorporation as provided for by Delaware law or under any applicable insurance policy with respect to Your liability as an employee or officer of the Company, (c) Claims that cannot be released under applicable law, and (d) Your right to consult file a complaint, charge or other action with an attorney before signing this Agreement anda governmental agency. With regard to governmental agency complaints, however. You understand and agree that You are expressly waiving any right to obtain monetary damages or any other relief that provides personal benefit resulting from the agency Claim. This waiver and release is effective to the full extent desired, EMPLOYEE has done so; and (f) EMPLOYEE the law permits You to release Your individual claims. It does not waive affect reimbursement rights You may currently possess under any health insurance coverage or claims accrued rights You may have under the ADEA that may arise any retirement or welfare plan after the date this Agreement is executed. If EMPLOYEE wishes to revoke this AGREEMENT, EMPLOYEE must deliver written notice via email, stating EMPLOYEE’S intent to revoke to Xxxxx Xxxxxxxxx - xxxxxxxxxx@xxxxxxxxxx.xxx on or before 5:00 p.m. on the seventh (7Ih) day after the date on which you sign this AGREEMENT. 6 Xxxxxxx Xxxxxxx - General Release and Separation Agreementtermination.

Appears in 1 contract

Samples: Executive Employment Agreement (CohBar, Inc.)

ADEA Waiver. In accordance with the Older Workers Benefit Protection Act of 1990, EMPLOYEE is hereby advised I acknowledge that this AGREEMENT includes a release I am knowingly and waiver of claims voluntarily waiving and releasing any rights I may have under the Age Discrimination in Employment Act ADEA (the ADEAADEA Waiver”), and EMPLOYEE agrees as follows: (a) This AGREEMENT that the consideration given for this ADEA Waiver is written in a manner calculated to be understood by EMPLOYEE, and EMPLOYEE understands it; (b) This AGREEMENT provides consideration to EMPLOYEE in addition to anything else EMPLOYEE is of value to which I am already entitled to receive; entitled. I further acknowledge that I have been advised, as required by the ADEA, that: (ca) EMPLOYEE has forty-five (45) days prior to the execution of the AGREEMENT, and is choosing to waive this right by signing this AGREEMENT. EMPLOYEE agrees that any changes or amendments to this AGREEMENT, whether or not material, will not restart the forty-five (45) day period; (d) EMPLOYEE has seven (7) days after signing this AGREEMENT to revoke this AGREEMENT, and this AGREEMENT will not be effective, and EMPLOYEE will not receive any of the separation benefits, until that revocation period has expired; (e) EMPLOYEE has the right to consult with an attorney before signing this Agreement and, to the extent desired, EMPLOYEE has done so; and (f) EMPLOYEE my ADEA Waiver does not waive apply to any rights or claims under the ADEA that may arise after the date that I sign this Agreement is executed. If EMPLOYEE wishes Additional General Release; (b) I should consult with an attorney prior to signing this Additional General Release; (c) I have twenty-one (21) calendar days to consider this Additional General Release (although I may choose voluntarily to sign it earlier); (d) I have seven (7) calendar days following the date I sign this Additional General Release to revoke this AGREEMENT, EMPLOYEE must deliver my acceptance (by providing written notice via emailof my revocation to the Company’s Chief Executive Officer); and (e) this Additional General Release will not be effective until the date upon which the revocation period has expired unexercised, stating EMPLOYEE’S intent to revoke to Xxxxx Xxxxxxxxx - xxxxxxxxxx@xxxxxxxxxx.xxx on or before 5:00 p.m. on which will be the seventh (7Ih) eighth calendar day after the date on which you sign that this AGREEMENT. 6 Xxxxxxx Xxxxxxx - Additional General Release is signed by me provided that I do not revoke it. Waiver of Unknown Claims. I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. In giving the releases set forth in this Additional General Release, which include claims which may be unknown to me at present, I acknowledge that I have read and Separation Agreementunderstand Section 1542 of the California Civil Code which reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” I hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to my release of claims herein, including but not limited to the release of unknown and unsuspected claims.

Appears in 1 contract

Samples: Severance Agreement (Gw Pharmaceuticals PLC)

ADEA Waiver. In accordance with the Older Workers Benefit Protection Act of 1990Executive expressly acknowledges and agrees that by entering into this Agreement, EMPLOYEE he is hereby advised waiving any and all rights or claims that this AGREEMENT includes a release and waiver of claims he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), and EMPLOYEE that this waiver and release is knowing and voluntary. Executive and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this Agreement. Executive further expressly acknowledges and agrees as followsthat: (a) This AGREEMENT is written in a manner calculated In return for this Agreement, he will receive consideration beyond that which he was already entitled to be understood by EMPLOYEE, and EMPLOYEE understands itreceive before executing this Agreement; (b) This AGREEMENT provides consideration to EMPLOYEE He is hereby advised in addition to anything else EMPLOYEE is already entitled to receive; (c) EMPLOYEE has forty-five (45) days prior to the execution of the AGREEMENT, and is choosing to waive writing by this right by signing this AGREEMENT. EMPLOYEE agrees that any changes or amendments to this AGREEMENT, whether or not material, will not restart the forty-five (45) day period; (d) EMPLOYEE has seven (7) days after signing this AGREEMENT to revoke this AGREEMENT, and this AGREEMENT will not be effective, and EMPLOYEE will not receive any of the separation benefits, until that revocation period has expired; (e) EMPLOYEE has the right Agreement to consult with an attorney before signing this Agreement; (c) He was given a copy of this Agreement andon May 26, 2021, and informed that he had twenty-one (21) days within which to consider this Agreement and that if he wished to execute this Agreement prior to the extent desiredexpiration of such 21-day period he will have done so voluntarily and with full knowledge that he is waiving his right to have twenty-one (21) days to consider this Agreement; and that such twenty-one (21) day period to consider this Agreement would not and will not be re-started or extended based on any changes, EMPLOYEE has done so; andwhether material or immaterial, that are or were made to this Agreement in such twenty-one (21) day period after he received it; (fd) EMPLOYEE does not waive rights or claims under the ADEA He was informed that may arise after he had seven (7) days following the date of execution of this Agreement is executed. If EMPLOYEE wishes in which to revoke this AGREEMENTAgreement, EMPLOYEE and this Agreement will become null and void if Executive elects revocation during that time. Any revocation must deliver written be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice via emailof revocation should be sent by Executive in writing to the Company (Sonim Technologies, stating EMPLOYEE’S intent to revoke to Inc., care of Xxxxxxx X. Xxxxxxxxx, Esq., O’Melveny & Xxxxx Xxxxxxxxx - xxxxxxxxxx@xxxxxxxxxx.xxx on LLP, 000 Xxxxxxx Xxxxxx Xxxxx, Xxxxx 0000, Xxxxxxx Xxxxx, Xxxxxxxxxx, 92660), so that it is received within the seven-day period following execution of this Agreement by Executive. (e) Nothing in this Agreement prevents or before 5:00 p.m. on precludes Executive from challenging or seeking a determination in good faith of the seventh (7Ih) day after validity of this waiver under the date on which you sign this AGREEMENT. 6 Xxxxxxx Xxxxxxx - General Release and Separation AgreementADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.

Appears in 1 contract

Samples: Separation and Release Agreement (Sonim Technologies Inc)

ADEA Waiver. In accordance with the Older Workers Benefit Protection Act of 1990, EMPLOYEE is hereby advised that this AGREEMENT includes a release and waiver of claims under the Age Discrimination in Employment Act (“ADEA”), and EMPLOYEE agrees as follows: (a) This AGREEMENT is written in a manner calculated to be understood by EMPLOYEE, and EMPLOYEE understands it; (b) This AGREEMENT provides consideration to EMPLOYEE in addition to anything else EMPLOYEE is already entitled to receive; (c) EMPLOYEE has fortytwenty-five one (4521) days prior to the execution of the AGREEMENT, and is choosing to waive this right by signing this AGREEMENT. EMPLOYEE agrees that any changes or amendments to this AGREEMENT, whether or not material, will not restart the forty-five twenty- one (4521) day period;; 6 Confidential General Release and Separation Agreement —Xxxxxxxx (d) EMPLOYEE has seven (7) days after signing this AGREEMENT to revoke this AGREEMENT, and this AGREEMENT will not be effective, and EMPLOYEE will not receive any of the separation benefits, until that revocation period has expired; (e) EMPLOYEE has the right to consult with an attorney before signing this Agreement and, to the extent desired, EMPLOYEE has done so; and (f) EMPLOYEE does not waive rights or claims under the ADEA that may arise after the date this Agreement is executed. If EMPLOYEE wishes to revoke this AGREEMENT, EMPLOYEE must deliver written notice via email, stating EMPLOYEE’S intent to revoke to Xxxxx Xxxxxxxxx - Xxxxxxxxx, E-mail address: xxxxxxxxxx@xxxxxxxxxx.xxx on or before 5:00 p.m. on the seventh (7Ih) day after the date on which you sign this AGREEMENT. 6 Xxxxxxx Xxxxxxx - General Release and Separation Agreement.

Appears in 1 contract

Samples: General Release and Separation Agreement (Farmer Brothers Co)

ADEA Waiver. In accordance with You acknowledge that by signing the Older Workers Benefit Protection Act of 1990, EMPLOYEE is hereby advised that this AGREEMENT includes a release Reaffirmation Signature you are knowingly and waiver of claims voluntarily waiving and releasing any rights you may have under the federal Age Discrimination in Employment Act (“ADEAADEA Waiver), ) and EMPLOYEE agrees as follows: (a) This AGREEMENT that the consideration given for the ADEA Waiver is written in a manner calculated to be understood by EMPLOYEE, and EMPLOYEE understands it; (b) This AGREEMENT provides consideration to EMPLOYEE in addition to anything else EMPLOYEE is of value to which you are already entitled entitled. You further acknowledge that: (a) your ADEA Waiver does not apply to receive; any claims that may arise after you sign the Reaffirmation Signature of this Agreement; (cb) EMPLOYEE has forty-five (45) days prior to the execution of the AGREEMENT, and is choosing to waive this right by signing this AGREEMENT. EMPLOYEE agrees that any changes or amendments to this AGREEMENT, whether or not material, will not restart the forty-five (45) day period; (d) EMPLOYEE has seven (7) days after signing this AGREEMENT to revoke this AGREEMENT, and this AGREEMENT will not be effective, and EMPLOYEE will not receive any of the separation benefits, until that revocation period has expired; (e) EMPLOYEE has the you have a right to and should consult with an attorney before signing prior to executing this Agreement; (c) you have 21 calendar days within which to consider this Agreement andfor reaffirmation (although you may choose to reaffirm this Agreement earlier provided it is after the Separation Date); (d) you have 7 calendar days following the date of your Reaffirmation Signature to revoke your reaffirmation of this Agreement; and (e) the reaffirmation of this Agreement will not be effective until the eighth day after your Reaffirmation Signature, provided that you have not revoked it (the “Reaffirmation Effective Date”). You agree that any modifications, material or otherwise, made to this Agreement do not restart or affect in any manner the original 21-day consideration period provided in this paragraph for you to reaffirm this Agreement. You acknowledge that you will only be eligible for the Separation Benefits if you sign the Reaffirmation Signature and do not revoke it To revoke the reaffirmation of this Agreement, you must email to Human Resources a written notice of revocation at XX@xxxxxx.xxx, prior to the extent desired, EMPLOYEE has done so; and (f) EMPLOYEE does not waive rights or claims under end of the ADEA 7-day period. You acknowledge that may arise after the date your consent to this Agreement and the reaffirmation is executedknowing and voluntary. If EMPLOYEE wishes to revoke this AGREEMENT, EMPLOYEE must deliver written notice via email, stating EMPLOYEE’S intent to revoke to Xxxxx Xxxxxxxxx - xxxxxxxxxx@xxxxxxxxxx.xxx on or before 5:00 p.m. on The severance offer will be automatically withdrawn if you do not sign the seventh (7Ih) Reaffirmation Signature within the 21-day after the date on which you sign this AGREEMENT. 6 Xxxxxxx Xxxxxxx - General Release and Separation Agreementconsideration period.

Appears in 1 contract

Samples: Separation Agreement (Skillz Inc.)

ADEA Waiver. In accordance with the Older Workers Benefit Protection Act of 1990, EMPLOYEE is hereby advised You acknowledge that this AGREEMENT includes a release you are knowingly and waiver of claims voluntarily waiving and releasing any rights you may have under the Federal Age Discrimination in Employment Act (“ADEAADEA Waiver), ) and EMPLOYEE agrees as follows: (a) This AGREEMENT that the consideration given for the ADEA Waiver is written in a manner calculated to be understood by EMPLOYEE, and EMPLOYEE understands it; (b) This AGREEMENT provides consideration to EMPLOYEE in addition to anything else EMPLOYEE is of value to which you are already entitled entitled. You further acknowledge that: (a) your ADEA Waiver does not apply to receive; any claims that may arise after you sign this Agreement; (b) you should consult with an attorney prior to executing this Agreement; (c) EMPLOYEE has fortyyou have twenty-five one (4521) calendar days prior within which to consider this Agreement (although you may choose to execute Agreement earlier); (d) you have seven (7) calendar days following the execution of the AGREEMENT, and is choosing to waive this right by signing this AGREEMENT. EMPLOYEE agrees that any changes or amendments to this AGREEMENT, whether or not material, will not restart the forty-five (45) day period; (d) EMPLOYEE has seven (7) days after signing this AGREEMENT Agreement to revoke this AGREEMENT, Agreement; and this AGREEMENT (e) the Agreement will not be effectiveeffective until the eighth day after you sign this Agreement provided that you have not revoked it. You agree that any modifications, and EMPLOYEE will material or otherwise, made to this Agreement do not receive restart or affect in any manner the original twenty-one (21)-day consideration period provided in this paragraph. To revoke the Agreement, you must email a written notice of revocation to the Company, Att: Xxxx Xxxxxxx at xxxxx@x-xxx.xxx or to such other person designated by the Company pursuant to notice given in accordance with this Agreement prior to the end of the separation benefits, until seven (7)-day period. You acknowledge that revocation period has expired; (e) EMPLOYEE has the right your consent to consult with an attorney before signing this Agreement and, to the extent desired, EMPLOYEE has done so; and (f) EMPLOYEE does not waive rights or claims under the ADEA that may arise after the date this Agreement is executedknowing and voluntary. If EMPLOYEE wishes The offer of consideration will be automatically withdrawn if you do not sign the Agreement within the twenty-one (21)-day consideration period. You understand that nothing in this Agreement will preclude or prevent you from filing a claim with the U.S. Equal Employment Opportunity Commission that challenges the validity of this waiver and release solely with respect to revoke this AGREEMENT, EMPLOYEE must deliver written notice via email, stating EMPLOYEE’S intent to revoke to Xxxxx Xxxxxxxxx - xxxxxxxxxx@xxxxxxxxxx.xxx on or before 5:00 p.m. on your waiver of any claims arising under the seventh (7Ih) day after the date on which you sign this AGREEMENT. 6 Xxxxxxx Xxxxxxx - General Release and Separation AgreementFederal Age Discrimination in Employment Act.

Appears in 1 contract

Samples: Advisory Agreement (G Iii Apparel Group LTD /De/)

ADEA Waiver. In accordance with You understand and hereby expressly acknowledge that, by entering into this Supplemental Agreement, you are knowingly and voluntarily waiving and releasing any and all rights you may have arising under the Age Discrimination in Employment Act, as amended by the Older Workers Benefit Protection Act of 1990, EMPLOYEE is hereby advised that this AGREEMENT includes a release and waiver of claims under the Age Discrimination in Employment Act 1990 (“ADEA”), and EMPLOYEE agrees as follows: which have arisen on or before the date of execution of this Supplemental Agreement (a) This AGREEMENT is written in a manner calculated to be understood by EMPLOYEE“ADEA Waiver”), and EMPLOYEE understands it; (b) This AGREEMENT provides that the consideration to EMPLOYEE given for the foregoing waiver is in addition to anything else EMPLOYEE is of value to which you were already entitled entitled. You further acknowledge and agree that you have been advised by this writing, as required by the ADEA that: (a) you have received a disclosure from the Company that includes a description of the class, unit or group of employees covered by this employment termination program, the eligibility factors for such program, and any time limits applicable to receive; such program and a list of job titles and ages of all employees selected for this group termination and those employees in the same job classification or organizational unit who were not selected for termination; (cb) EMPLOYEE has you have had at least forty-five (45) calendar days prior within which to consider this release before executing it (although you may choose to voluntarily execute this release earlier); (c) you are aware of the contents and significance of all the provisions of this Supplemental Agreement and knowingly and voluntarily agree to the execution terms of the AGREEMENT, this Supplemental Agreement and is choosing intend to waive this right be legally bound by signing this AGREEMENT. EMPLOYEE agrees that any changes or amendments to this AGREEMENT, whether or not material, will not restart the forty-five (45) day period; them; (d) EMPLOYEE has you have seven (7) full calendar days after signing this AGREEMENT within which to revoke this AGREEMENTSupplemental Agreement after it is executed by you, and agree that this AGREEMENT will Supplemental Agreement shall not be effective, and EMPLOYEE will not receive any of the separation benefits, become effective or enforceable until that this seven-day revocation period has expired; ended; (e) EMPLOYEE has to revoke this Supplemental Agreement, you must notify the right Company via email to consult with an attorney before signing xx@xxxxxxxxx.xxx and such notification must be received no later than 5:00 p.m. on the seventh day following the date you sign this Agreement and, to the extent desired, EMPLOYEE has done soSupplemental Agreement; and (f) EMPLOYEE does not waive you have been advised in writing to have this Supplemental Agreement reviewed by counsel prior to signing it; and (g) rights or claims under the ADEA that may arise after the date this Supplemental Agreement is executedsigned are not waived. If EMPLOYEE wishes You agree that any modifications, material or otherwise, made to revoke this AGREEMENT, EMPLOYEE must deliver written notice via email, stating EMPLOYEE’S intent to revoke to Xxxxx Xxxxxxxxx - xxxxxxxxxx@xxxxxxxxxx.xxx on Supplemental Agreement do not restart or before 5:00 p.m. on affect in any manner the seventh (7Ih) original 45-day after the date on which you sign consideration period provided in this AGREEMENT. 6 Xxxxxxx Xxxxxxx - General Release and Separation AgreementSection.

Appears in 1 contract

Samples: Separation Agreement (Robinhood Markets, Inc.)

ADEA Waiver. In accordance with the Older Workers Benefit Protection Act of 1990, EMPLOYEE is hereby advised You agree that you are voluntarily executing this AGREEMENT includes a release Release. You acknowledge that you are knowingly and waiver of claims voluntarily waiving and releasing any rights you may have under the Age Discrimination in Employment Act (“ADEA”), ADEA and EMPLOYEE agrees as follows: (a) This AGREEMENT that the consideration given for the waiver and release is written in a manner calculated to be understood by EMPLOYEE, and EMPLOYEE understands it; (b) This AGREEMENT provides consideration to EMPLOYEE in addition to anything else EMPLOYEE is of value to which you were already entitled entitled. You further acknowledge that you have been advised by this writing, as required by the ADEA, that: (A) your waiver and release specified in this paragraph do not apply to receive; (c) EMPLOYEE has forty-five (45) days prior to the execution of the AGREEMENT, and is choosing to waive this right by signing this AGREEMENT. EMPLOYEE agrees that any changes or amendments to this AGREEMENT, whether or not material, will not restart the forty-five (45) day period; (d) EMPLOYEE has seven (7) days after signing this AGREEMENT to revoke this AGREEMENT, and this AGREEMENT will not be effective, and EMPLOYEE will not receive any of the separation benefits, until that revocation period has expired; (e) EMPLOYEE has the right to consult with an attorney before signing this Agreement and, to the extent desired, EMPLOYEE has done so; and (f) EMPLOYEE does not waive rights or claims under the ADEA that may arise after the date this Agreement is executed. If EMPLOYEE wishes to revoke this AGREEMENT, EMPLOYEE must deliver written notice via email, stating EMPLOYEE’S intent to revoke to Xxxxx Xxxxxxxxx - xxxxxxxxxx@xxxxxxxxxx.xxx on or before 5:00 p.m. on the seventh (7Ih) day after the date on which you sign this AGREEMENTRelease; (B) you have been advised to consult with an attorney prior to signing this Release; (C) if part of a group termination, you have received a disclosure from the Company that includes a description of the class, unit or group of individuals covered by this employment termination program, the eligibility factors for such program, and any time limits applicable to such program and a list of job titles and ages of all employees selected for this group termination and ages of those individuals in the same job classification or organizational unit who were not selected for termination (“Disclosures”); (D) you have 21 days from the date that you receive this Release to consider this Release (although you may choose to sign it any time on or after your Separation Date); (E) you have seven days after you sign this Release to revoke it (“Revocation Period”); and (F) this Release will not be effective until you have returned it to Yahoo! (instructions below) and the Revocation Period has expired (the “Effective Date”). 6 Xxxxxxx Xxxxxxx - General Do not sign this Release prior to the Separation Date. If this Release is acceptable to you, please sign below on or after the Separation Date and Separation return the original to Xxx Xxxxxxxxx at xxxx@xxxxx-xxx.xxx or Yahoo!, 000 Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxx 00000 by December 6, 2012. AGREED AND VOLUNTARILY EXECUTED: cc: Personnel File March 16, 2011 Xxx Xxxxx Dear Xxx: On behalf of Yahoo! Inc. (“Yahoo!” or the “Company”), I am pleased to inform you that Yahoo! will provide you with the severance protections described in this letter agreement (“Agreement”). This Agreement is being offered to you to provide both you and Yahoo! with certainty in the event that your employment with Yahoo! is terminated by Yahoo! without Cause.1 You will not be entitled to any severance benefits under this Agreement if your employment is terminated with Cause, if you voluntarily resign from your employment with Yahoo!, or if your employment terminates due to your death or disability.2 1 For purposes of this Agreement, “Cause” means termination of your employment by the Company based upon the occurrence of one or more of the following which, with respect to clauses (1), (2) and (3) below, if curable, you have not cured within fourteen (14) days after you receive written notice from the Company specifying with reasonable particularity such occurrence: (1) your refusal or material failure to perform your job duties and responsibilities (other than by reason of your serious physical or mental illness, injury or medical condition), (2) your failure or refusal to comply in any material respect with material Company policies or lawful directives, (3) your material breach of any contract or agreement between you and the Company (including but not limited to this Agreement and the Employee Confidentiality and Assignment of Inventions Agreement between you and the Company), or your material breach of any statutory duty, fiduciary duty or any other obligation that you owe to the Company, (4) your commission of an act of fraud, theft, embezzlement or other unlawful act against the Company or involving its property or assets or your engaging in unprofessional, unethical or other intentional acts that materially discredit the Company or are materially detrimental to the reputation, character or standing of the Company, or (5) your indictment or conviction or nolo contendere or guilty plea with respect to any felony or crime of moral turpitude. Following notice and cure as provided in the preceding sentence, upon any additional one-time occurrence of one or more of the events enumerated in that sentence, the Company may terminate your employment for Cause without notice and opportunity to cure. However, should the Company choose to offer you another opportunity to cure, it will not be deemed a waiver of its rights under this provision. 2 In no event will you be considered to have terminated employment for purposes of this letter if your employment by Yahoo! (including a subsidiary or affiliate) terminates and, immediately after such termination, you continue as an employee of another subsidiary or affiliate of Yahoo! (or Yahoo! Inc. if you had previously been employed by a subsidiary).

Appears in 1 contract

Samples: Separation Agreement (Yahoo Inc)

ADEA Waiver. In accordance with the Older Workers Benefit Protection Act of 1990Employee expressly acknowledges and agrees that by entering into this Release, EMPLOYEE he is hereby advised waiving any and all rights or claims that this AGREEMENT includes a release and waiver of claims he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), and EMPLOYEE that this waiver and release is knowing and voluntary. 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 date Employee signs this Release. Employee further expressly acknowledges and agrees as followsthat: (a) This AGREEMENT is written in a manner calculated In return for this Release, he will receive consideration beyond that which he was already entitled to be understood by EMPLOYEE, and EMPLOYEE understands itreceive before executing this Release; (b) This AGREEMENT provides consideration to EMPLOYEE He is hereby advised in addition to anything else EMPLOYEE is already entitled to receive; (c) EMPLOYEE has forty-five (45) days prior to the execution of the AGREEMENT, and is choosing to waive writing by this right by signing this AGREEMENT. EMPLOYEE agrees that any changes or amendments to this AGREEMENT, whether or not material, will not restart the forty-five (45) day period; (d) EMPLOYEE has seven (7) days after signing this AGREEMENT to revoke this AGREEMENT, and this AGREEMENT will not be effective, and EMPLOYEE will not receive any of the separation benefits, until that revocation period has expired; (e) EMPLOYEE has the right Release to consult with an attorney before signing this Agreement andRelease; (c) He was given a copy of this Release on December 3, 2018, and informed that he had twenty-one (21) days within which to consider this Release and that if he wished to execute this Release prior to the extent desiredexpiration of such 21-day period he will have done so voluntarily and with full knowledge that he is waiving his right to have twenty-one (21) days to consider this Release; and that such twenty-one (21) day period to consider this Release would not and will not be re-started or extended based on any changes, EMPLOYEE has done so; andwhether material or immaterial, that are or were made to this Release in such twenty-one (21) day period after he received it; (fd) EMPLOYEE does not waive rights or claims under the ADEA He was informed that may arise after he had seven (7) days following the date of execution of this Agreement is executed. If EMPLOYEE wishes Release in which to revoke this AGREEMENTRelease, EMPLOYEE and this Release will become null and void if Employee elects revocation during that time. Any revocation must deliver written be in writing and must be received by the Company during the seven-day revocation period. In the event that Employee exercises this revocation right, neither the Company nor Employee will have any obligation under this Release. Any notice via emailof revocation should be sent by Employee in writing to the Company’s Board of Directors (attention Xxx Xxxxxxxxx, stating EMPLOYEE’S intent lead director, by email to revoke to Xxxxx Xxxxxxxxx - xxxxxxxxxx@xxxxxxxxxx.xxx on xxx.xxxxxxxxx@xxxxx.xxx), so that it is received within the seven-day period following execution of this Release by Employee. (e) Nothing in this Release prevents or before 5:00 p.m. on precludes Employee from challenging or seeking a determination in good faith of the seventh (7Ih) day after validity of this waiver under the date on which you sign this AGREEMENT. 6 Xxxxxxx Xxxxxxx - General Release and Separation AgreementADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.

Appears in 1 contract

Samples: General Release (Sphere 3D Corp)

ADEA Waiver. In accordance with the Older Workers Benefit Protection Act You acknowledge that Your waiver and release hereunder of 1990, EMPLOYEE is hereby advised that this AGREEMENT includes a release and waiver of claims any rights You may have under the Age Discrimination in Employment Act of 1967 (ADEA), as amended by the Older Workers Benefit Protection Act, is knowing and EMPLOYEE agrees voluntary. You certify that You have read and understand the provisions of this release of claims. You and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the date this Separation Agreement is executed. You acknowledge that the severance benefits provided in this Separation Agreement are specifically linked to Your ADEA claim release and that You would not receive the same benefits absent Your agreement to provide such a release. You acknowledge that You have been advised by this writing, as follows: required by the Separation Agreement Exhibit A Older Workers Benefit Protection Act, that (a) This AGREEMENT is written in a manner calculated You should consult with an attorney prior to be understood by EMPLOYEE, and EMPLOYEE understands it; executing this Separation Agreement; (b) This AGREEMENT provides consideration You have twenty-one (21) days to EMPLOYEE in addition to anything else EMPLOYEE is already entitled to receive; consider this Separation Agreement (although You may, by Your own choice, execute this Separation Agreement earlier); (c) EMPLOYEE has forty-five (45) days prior to the execution of the AGREEMENT, and is choosing to waive this right by signing this AGREEMENT. EMPLOYEE agrees that any changes or amendments to this AGREEMENT, whether or not material, will not restart the forty-five (45) day period; (d) EMPLOYEE has You have seven (7) days after signing following the execution of this AGREEMENT Separation Agreement by You to revoke the Separation Agreement; and (d) this AGREEMENT, and this AGREEMENT will Separation Agreement shall not be effective, and EMPLOYEE will not receive any of effective until the separation benefits, until that date upon which this revocation period has expired; . If You wish to revoke the Separation Agreement, You must send written notice of Your revocation to the attention of , to be received within seven (e7) EMPLOYEE has the days following Your signature on this Separation Agreement. The only Claims excluded from this release are claims relating to breach or enforceability of this Separation Agreement and Your right to consult file a complaint, charge or other action with an attorney before signing this Agreement anda governmental agency. With regard to governmental agency complaints, however, You understand and agree that You are expressly waiving any right to obtain monetary damages or any other relief that provides personal benefit resulting from the agency claim. This waiver and release is effective to the full extent desired, EMPLOYEE has done so; and (f) EMPLOYEE the law permits You to release Your individual claims. It does not waive affect reimbursement rights You may currently possess under any health insurance coverage or claims accrued rights You may have under the ADEA that may arise any retirement plan after the date this Agreement is executed. If EMPLOYEE wishes to revoke this AGREEMENT, EMPLOYEE must deliver written notice via email, stating EMPLOYEE’S intent to revoke to Xxxxx Xxxxxxxxx - xxxxxxxxxx@xxxxxxxxxx.xxx on or before 5:00 p.m. on the seventh (7Ih) day after the date on which you sign this AGREEMENT. 6 Xxxxxxx Xxxxxxx - General Release and Separation Agreementtermination.

Appears in 1 contract

Samples: Executive Employment Agreement (Cohbar, Inc.)

ADEA Waiver. In accordance with the Older Workers Benefit Protection Act of 1990, EMPLOYEE is hereby advised that this AGREEMENT includes a release and waiver of claims under the Age Discrimination in Employment Act (“ADEA”), and EMPLOYEE agrees as follows: (a) This AGREEMENT is written in a manner calculated to be understood by EMPLOYEE, and EMPLOYEE understands it; (b) This AGREEMENT provides consideration to EMPLOYEE in addition to anything else EMPLOYEE is already entitled to receive; (c) EMPLOYEE has forty-five (45) days prior to the execution of the AGREEMENT, and is choosing to waive this right by signing this AGREEMENT. EMPLOYEE agrees that any changes or amendments to this AGREEMENT, whether or not material, will not restart the forty-five (45) day period; (d) EMPLOYEE has seven (7) days after signing this AGREEMENT to revoke this AGREEMENT, and this AGREEMENT will not be effective, and EMPLOYEE will not receive any of the separation benefits, until that revocation period has expired; (e) EMPLOYEE has the right to consult with an attorney before signing this Agreement and, to the extent desired, EMPLOYEE has done so; and (f) EMPLOYEE does not waive rights or claims under the ADEA that may arise after the date this Agreement is executed. 6 Xxxxx Xxxxxxxxxx - General Release and Separation Agreement If EMPLOYEE wishes to revoke this AGREEMENT, EMPLOYEE must deliver written notice via email, stating EMPLOYEE’S intent to revoke to Xxxxx Xxxxxxxxx - xxxxxxxxxx@xxxxxxxxxx.xxx on or before 5:00 p.m. on the seventh (7Ih) day after the date on which you sign this AGREEMENT. 6 Xxxxxxx Xxxxxxx - General Release and Separation Agreement.

Appears in 1 contract

Samples: General Release and Separation Agreement (Farmer Brothers Co)

ADEA Waiver. In accordance with the Older Workers Benefit Protection Act of 1990, EMPLOYEE is hereby advised that this AGREEMENT includes a release and waiver of claims under the Age Discrimination in Employment Act (“ADEA”)Act, and EMPLOYEE agrees as follows: (a) This AGREEMENT is written in a manner calculated to be understood by EMPLOYEE, and EMPLOYEE understands it; (b) This AGREEMENT provides consideration to EMPLOYEE in addition to anything else EMPLOYEE is already entitled to receive; (c) EMPLOYEE has forty-five (45) days prior is hereby advised to the execution of the AGREEMENT, and is choosing to waive this right by consult with an attorney before signing this AGREEMENT; (d) EMPLOYEE has twenty-one (21) days, from the date EMPLOYEE receives this Agreement, to consider this AGREEMENT. If EMPLOYEE signs this Agreement before the expiration of the twenty-one (21) day period, EMPLOYEE hereby waives the remainder of that period. EMPLOYEE agrees that any changes or amendments to this AGREEMENT, whether or not material, will not restart the fortytwenty-five one (4521) day period; (de) EMPLOYEE has seven (7) days after signing this AGREEMENT to revoke this AGREEMENT, and this AGREEMENT will not be effective, and EMPLOYEE will not receive any of the separation benefits, until that revocation period has expired; (e) EMPLOYEE has the right to consult with an attorney before signing this Agreement and, to the extent desired, EMPLOYEE has done so; and (f) EMPLOYEE does not waive rights or claims under the ADEA that may arise after the date this Agreement is executed. and If EMPLOYEE wishes to revoke this AGREEMENT, EMPLOYEE must deliver written notice via hand-delivery or email, stating EMPLOYEE’S ’s intent to revoke to Xxxxx Xxxxxxxxx - xxxxxxxxxx@xxxxxxxxxx.xxx Xxx Xxxxxx, General Counsel, Xxxxxx Bros. Company 0000 Xxxxxx Xxxxxxxx Drive, Northlake, Texas 76262 (xxxxxxx@xxxxxxxxxx.xxx), on or before 5:00 p.m. on the seventh (7Ih7th) day after the date on which you sign this AGREEMENT. 6 Xxxxxxx Xxxxxxx - General Release and Separation Agreement.

Appears in 1 contract

Samples: Confidential General Release and Separation Agreement (Farmer Brothers Co)

ADEA Waiver. In accordance with the Older Workers Benefit Protection Act of 1990, EMPLOYEE is hereby advised You agree that you are voluntarily executing this AGREEMENT includes a release Release. You acknowledge that you are knowingly and waiver of claims voluntarily waiving and releasing any rights you may have under the Age Discrimination in Employment Act (“ADEA”), ADEA and EMPLOYEE agrees as follows: (a) This AGREEMENT that the consideration given for the waiver and release is written in a manner calculated to be understood by EMPLOYEE, and EMPLOYEE understands it; (b) This AGREEMENT provides consideration to EMPLOYEE in addition to anything else EMPLOYEE is of value to which you were already entitled entitled. You further acknowledge that you have been advised by this writing, as required by the ADEA, that: (A) your waiver and release specified in this paragraph do not apply to receive; (c) EMPLOYEE has forty-five (45) days prior to the execution of the AGREEMENT, and is choosing to waive this right by signing this AGREEMENT. EMPLOYEE agrees that any changes or amendments to this AGREEMENT, whether or not material, will not restart the forty-five (45) day period; (d) EMPLOYEE has seven (7) days after signing this AGREEMENT to revoke this AGREEMENT, and this AGREEMENT will not be effective, and EMPLOYEE will not receive any of the separation benefits, until that revocation period has expired; (e) EMPLOYEE has the right to consult with an attorney before signing this Agreement and, to the extent desired, EMPLOYEE has done so; and (f) EMPLOYEE does not waive rights or claims under the ADEA that may arise after the date this Agreement is executed. If EMPLOYEE wishes to revoke this AGREEMENT, EMPLOYEE must deliver written notice via email, stating EMPLOYEE’S intent to revoke to Xxxxx Xxxxxxxxx - xxxxxxxxxx@xxxxxxxxxx.xxx on or before 5:00 p.m. on the seventh (7Ih) day after the date on which you sign this AGREEMENTRelease; (B) you have been advised to consult with an attorney prior to signing this Release; (C) if part of a group termination, you have received a disclosure from the Company that includes a description of the class, unit or group of individuals covered by this employment termination program, the eligibility factors for such program, and any time limits applicable to such program and a list of job titles and ages of all employees selected for this group termination and ages of those individuals in the same job classification or organizational unit who were not selected for termination (“Disclosures”); (D) you have 21 days from the date that you receive this Release to consider this Release (although you may choose to sign it any time on or after your Separation Date); (E) you have seven days after you sign this Release to revoke it (“Revocation Period”); and (F) this Release will not be effective until you have returned it to Yahoo! (instructions below) and the Revocation Period has expired (the “Effective Date”). 6 Do not sign this Release prior to the Separation Date. If this Release is acceptable to you, please: sign below on or after the Separation Date and return the original to Mini Khroad at [Contact] or Yahoo!, 000 Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxx 00000 by December 21, 2012. /s/ Xxxxxxx Xxxxxxx - General Release and Separation AgreementOctober 26, 2012

Appears in 1 contract

Samples: Separation Agreement (Yahoo Inc)

ADEA Waiver. In accordance with This Agreement is intended by the Older Workers Benefit Protection Act parties to effectuate the knowing and voluntary release of 1990all known and unknown claims, EMPLOYEE is hereby advised that this AGREEMENT includes a release and waiver of including claims under the Age Discrimination in Employment Act. Executive acknowledges that the releases and waivers of rights set forth in this Agreement are for the payment of monies that exceed those to which Executive would already be entitled under the Company’s existing benefits programs and payment of these monies is being made specifically contingent upon Executive’s consent to the releases and waivers contained herein. Please be assured that the releases contained in this Agreement do not extend to any rights or claims that Executive may have under the Age Discrimination in Employment Act that first arise after the date and time Executive signs this Agreement. The Company advises and encourages Executive to consult with his own attorney before signing this Agreement. Whether he does so is his decision. Executive has thirty (“ADEA”30) days to consider this Agreement. Executive understands that he may take as much of this thirty (30) day period of time to consider this Agreement as he wishes before signing it. Executive and the Company agree that the thirty (30) day period begins on the day that this Agreement is delivered to Executive, and that if the Company changes any of the terms of the offer contained in this Agreement (whether the changes are material or not), the thirty (30) day period will not be restarted but will continue without interruption. If Executive signs this Agreement before the thirty (30) day period expires, the seven (7) day revocation period (described below) will begin immediately. If Executive signs this Agreement before the thirty (30) day period expires, Executive agrees that he has knowingly and EMPLOYEE agrees as follows: (a) This AGREEMENT is written in a manner calculated to be understood by EMPLOYEE, and EMPLOYEE understands it; (b) This AGREEMENT provides consideration to EMPLOYEE in addition to anything else EMPLOYEE is already entitled to receive; (c) EMPLOYEE has forty-five (45) days prior to voluntarily accepted the execution shortening of the AGREEMENT, and is choosing to waive this right by signing this AGREEMENT. EMPLOYEE agrees that any changes or amendments to this AGREEMENT, whether or not material, will not restart the forty-five thirty (4530) day period; (d) EMPLOYEE period and that the Company has not promised you anything or made any representations that are not contained in this Agreement. Executive may revoke this Agreement within seven (7) days after signing this AGREEMENT to revoke this AGREEMENT, he signs it and this AGREEMENT will Agreement shall not be effective, and EMPLOYEE will not receive any of become effective or enforceable until the separation benefits, until that seven (7) day revocation period has expired; . The law prohibits the Company from shortening the seven (e7) EMPLOYEE has the right to consult with an attorney before signing day revocation period. Executive can revoke this Agreement andonly by delivering the notice to Xxxxx Xxxxxxxx, the Company’s President. The revocation notice can be delivered either by personal delivery, email, or through the United States Postal Service, registered or certified mail, postage prepaid and return receipt requested. The Company must receive the revocation within the seven (7) day period for the revocation to be effective. Executive understands and agrees that he will not be entitled to any of the extent desired, EMPLOYEE has done so; and (f) EMPLOYEE does not waive rights payments or claims benefits under the ADEA that may arise after the date this Agreement is executed. If EMPLOYEE wishes to revoke this AGREEMENT, EMPLOYEE must deliver written notice via email, stating EMPLOYEE’S intent to revoke to Xxxxx Xxxxxxxxx - xxxxxxxxxx@xxxxxxxxxx.xxx on or before 5:00 p.m. on until the seventh seven (7Ih7) day after the date on which you sign this AGREEMENT. 6 Xxxxxxx Xxxxxxx - General Release and Separation Agreementrevocation period has expired.

Appears in 1 contract

Samples: Separation Agreement (Liquidmetal Technologies Inc)

ADEA Waiver. In accordance with the Older Workers Benefit Protection Act of 1990I understand that there may be numerous, EMPLOYEE is hereby advised that this AGREEMENT includes a release valuable rights under federal and waiver of claims state law, including rights under the Age Discrimination in Employment Act (“ADEA”)of 1967, and EMPLOYEE agrees as followsamended, 29 U.S.C. § 621, et seq., which I am waiving by executing this Agreement. In connection with this, I hereby certify that: (a) a. This AGREEMENT is Agreement and the Plan are written in a manner calculated that is understandable to me; b. I am receiving valuable consideration under this Agreement to which I would not otherwise be understood by EMPLOYEEentitled; c. I have been advised in writing to consult with an attorney prior to executing this Agreement; d. I understand that this Agreement is a general release of Delta and the other Released Parties from any past or existing claim or potential claim including any claim or potential claim relating to my employment relationship with Delta, and EMPLOYEE understands ittermination of that relationship; (b) This AGREEMENT provides consideration to EMPLOYEE in addition to anything else EMPLOYEE is already entitled to receive; (c) EMPLOYEE has e. I have been given a period of forty-five (45) days prior in which to the execution of the AGREEMENTconsider whether to sign this Agreement and to consult with an attorney, and is choosing to waive accountant, tax advisor, spouse, or any other person. I have either used this right by signing this AGREEMENT. EMPLOYEE agrees that any changes or amendments to this AGREEMENT, whether or not material, will not restart the full forty-five (45) day period to consider this Agreement, or have voluntarily chosen to execute this Agreement before the end of that period; (d) EMPLOYEE has f. I understand I have seven (7) calendar days after signing this AGREEMENT Agreement to revoke this AGREEMENTAgreement (the “Revocation Period”). To revoke this Agreement, I must notify Delta of the intent to revoke through a signed statement delivered to Rxx Xxxxx, Delta Air Lines, Inc., ATG Department 948, 1000 Xxxxx Xxxx., Xxxxxxx, Xxxxxxx 00000-0000, or to such other person and address as Delta may designate in writing, on or before the last day of the Revocation Period. I acknowledge that this AGREEMENT Agreement will not take effect until the day after the Revocation Period has expired, provided that I have not exercised my revocation right. If I revoke this Agreement, it shall immediately be effective, void and EMPLOYEE of no further force or effect and I will not receive any the Severance Benefits referred to in Section 2 of this Agreement; otherwise, this Agreement will be fully effective and enforceable as of the separation benefits, until that revocation period has expired; (e) EMPLOYEE has the right to consult with an attorney before signing this Agreement and, to the extent desired, EMPLOYEE has done so; and (f) EMPLOYEE does not waive rights or claims under the ADEA that may arise after the date this Agreement is executed. If EMPLOYEE wishes to revoke this AGREEMENT, EMPLOYEE must deliver written notice via email, stating EMPLOYEE’S intent to revoke to Xxxxx Xxxxxxxxx - xxxxxxxxxx@xxxxxxxxxx.xxx on or before 5:00 p.m. on the seventh (7Ih) day after the date on which you sign this AGREEMENTRevocation Period. 6 Xxxxxxx Xxxxxxx - General Release and Separation Agreement[Note: if employee is based in or resides in Minnesota—revocation period must be 15 days to be valid under the Minnesota Human Rights Act]

Appears in 1 contract

Samples: Separation Agreement (Delta Air Lines Inc /De/)

ADEA Waiver. In accordance with the Older Workers Benefit Protection Act of 1990Individual expressly acknowledges and agrees that by entering into this Agreement, EMPLOYEE he is hereby advised waiving any and all rights or claims that this AGREEMENT includes a release and waiver of claims he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), and EMPLOYEE agrees as follows:that this waiver and release is knowing and voluntary. Individual and the Company agree that this waiver and (a) This AGREEMENT is written in a manner calculated In return for this Agreement, he will receive consideration beyond that which he was already entitled to be understood by EMPLOYEE, and EMPLOYEE understands itreceive before executing this Agreement; (b) This AGREEMENT provides consideration to EMPLOYEE He is hereby advised in addition to anything else EMPLOYEE is already entitled to receive; (c) EMPLOYEE has forty-five (45) days prior to the execution of the AGREEMENT, and is choosing to waive writing by this right by signing this AGREEMENT. EMPLOYEE agrees that any changes or amendments to this AGREEMENT, whether or not material, will not restart the forty-five (45) day period; (d) EMPLOYEE has seven (7) days after signing this AGREEMENT to revoke this AGREEMENT, and this AGREEMENT will not be effective, and EMPLOYEE will not receive any of the separation benefits, until that revocation period has expired; (e) EMPLOYEE has the right Agreement to consult with an attorney before signing this Agreement; (c) He was given a copy of this Agreement andon the Separation Date, and informed that he had twenty-one (21) days within which to consider this Agreement and that if he wished to execute this Agreement prior to the extent desiredexpiration of such 21-day period he will have done so voluntarily and with full knowledge that he is waiving his right to have twenty-one (21) days to consider this Agreement; and that such twenty-one (21) day period to consider this Agreement would not and will not be re-started or extended based on any changes, EMPLOYEE has done so; andwhether material or immaterial, that are or were made to this Agreement in such twenty-one (21) day period after he received it; (fd) EMPLOYEE does not waive rights or claims under the ADEA He was informed that may arise after he had seven (7) days following the date of execution of this Agreement is executed. If EMPLOYEE wishes in which to revoke this AGREEMENTAgreement, EMPLOYEE and this Agreement will become null and void if Individual elects revocation during that time. Any revocation must deliver written be in writing and must be received by the Company during the seven-day revocation period. In the event that Individual exercises this revocation right, neither the Company nor Individual will have any obligation under this Agreement. Any notice via emailof revocation should be sent by Individual in writing to the Company (attention Chief Executive Officer), stating EMPLOYEE’S intent to revoke to 6000 Xxxxxxxxx Xxxxx, Xxxxx Xxxxxxxxx - xxxxxxxxxx@xxxxxxxxxx.xxx on 000, Xxxxx Xxx Xxxxxxxxx, Xxxxxxxxxx 00000, so that it is received within the seven-day period following execution of this Agreement by Individual. (e) Nothing in this Agreement prevents or before 5:00 p.m. on precludes Individual from challenging or seeking a determination in good faith of the seventh (7Ih) day after validity of this waiver under the date on which you sign this AGREEMENT. 6 Xxxxxxx Xxxxxxx - General Release and Separation AgreementADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.

Appears in 1 contract

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

ADEA Waiver. In accordance with the Older Workers Benefit Protection Act of 1990, EMPLOYEE is hereby advised You acknowledge that this AGREEMENT includes a release you are knowingly and waiver of claims voluntarily waiving and releasing any rights you may have under the Age Discrimination in Employment Act ADEA (“ADEAADEA Waiver”). You also acknowledge that you fully understand the terms, conditions, and EMPLOYEE agrees as follows: (a) This AGREEMENT provisions of this Agreement. You also acknowledge that you have freely and voluntarily entered into this Agreement without any threat, coercion, or intimidation by any person. You further acknowledge that the consideration given for the ADEA Waiver is written in a manner calculated to be understood by EMPLOYEE, and EMPLOYEE understands it; (b) This AGREEMENT provides consideration to EMPLOYEE in addition to anything else EMPLOYEE is of value to which you were already entitled entitled. You further acknowledge that you have been advised by this writing, as required by the ADEA, that: (a) your ADEA Waiver does not apply to receive; any rights or claims that arise after the date you sign this Agreement; (b) you are not waiving your right, if any, to file a complaint or charge with the EEOC or participate in any investigation or proceeding conducted by the EEOC with respect to an age discrimination claim that arose prior to the Effective Date of this Agreement, but are waiving your right to recover damages or to seek reinstatement pursuant to such complaint or charge; (c) EMPLOYEE has forty-five this provision does not purport to waive ADEA rights or claims that may arise from acts or events occurring after the Effective Date of this Agreement; (45d) you should consult with an attorney prior to signing this Agreement; (e) you have 21 days to consider this Agreement (although you may choose to voluntarily sign it sooner provided it is not prior to the execution of the AGREEMENT, and is choosing to waive this right by signing this AGREEMENT. EMPLOYEE agrees that any changes or amendments to this AGREEMENT, whether or not material, will not restart the forty-five first day after your Separation Date); (45f) day period; (d) EMPLOYEE has you have seven (7) days after signing following the date you sign this AGREEMENT Agreement to revoke it (“Revocation Period”), with such revocation to be effective only if you deliver written notice of revocation to the Company at within the seven day period; and (e) this AGREEMENT, and this AGREEMENT Agreement will not be effectiveeffective until the date upon which the revocation period has expired unexercised, which will be the eighth day after you sign this Agreement (“Effective Date”). You also understand that the foregoing paragraph does not apply to any challenge you may make regarding the knowing and EMPLOYEE will not receive voluntary nature of the release of your claim for age discrimination, if any, under the ADEA. You also understand, however, that if you pursue a claim against any of the separation benefitsReleased Parties for age discrimination under the ADEA, until that revocation period has expired; (e) EMPLOYEE a court has the discretion to determine whether any of the Released Parties are entitled to restitution, recoupment, or setoff against a monetary award obtained by you in any proceeding. You also recognize that, as a result of such challenge, the Released Parties may be entitled to recover costs and attorneys’ fees incurred by them as specifically authorized under applicable law. Notwithstanding the foregoing, you further understand that nothing contained in this Agreement limits your ability to file a charge or complaint with the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, or any other federal, state or local governmental agency or commission (“Government Agencies”) but is waiving your right to consult with an attorney before signing recover damages or to seek reinstatement pursuant to such complaint or charge. You further understand that this Agreement anddoes not limit your ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to the extent desired, EMPLOYEE has done so; and (f) EMPLOYEE Company. This Agreement does not waive rights or claims under the ADEA that may arise after the date this Agreement is executed. If EMPLOYEE wishes limit your right to revoke this AGREEMENT, EMPLOYEE must deliver written notice via email, stating EMPLOYEE’S intent receive an award for information provided to revoke to Xxxxx Xxxxxxxxx - xxxxxxxxxx@xxxxxxxxxx.xxx on or before 5:00 p.m. on the seventh (7Ih) day after the date on which you sign this AGREEMENT. 6 Xxxxxxx Xxxxxxx - General Release and Separation Agreementany Government Agencies.

Appears in 1 contract

Samples: Employment Agreement (Payoneer Global Inc.)

ADEA Waiver. In accordance with the Older Workers Benefit Protection Act of 1990I understand that there may be numerous, EMPLOYEE is hereby advised that this AGREEMENT includes a release valuable rights under federal and waiver of claims state law, including rights under the Age Discrimination in Employment Act (“ADEA”)of 1967, and EMPLOYEE agrees as followsamended, 29 U.S.C. § 621, et seq., which I am waiving by executing this Agreement. In connection with this, I hereby certify that: (a) a. This AGREEMENT is Agreement and the Plan are written in a manner calculated that is understandable to be understood by EMPLOYEE, and EMPLOYEE understands itme; (b) This AGREEMENT provides b. I am receiving valuable consideration under this Agreement to EMPLOYEE in addition to anything else EMPLOYEE is already entitled to receivewhich I would not otherwise be entitled; (c) EMPLOYEE has forty-five (45) days prior to the execution of the AGREEMENT, and is choosing to waive this right by signing this AGREEMENT. EMPLOYEE agrees that any changes or amendments to this AGREEMENT, whether or not material, will not restart the forty-five (45) day period; (d) EMPLOYEE has seven (7) days after signing this AGREEMENT to revoke this AGREEMENT, and this AGREEMENT will not be effective, and EMPLOYEE will not receive any of the separation benefits, until that revocation period has expired; (e) EMPLOYEE has the right c. I have been advised in writing to consult with an attorney prior to executing this Agreement; d. I understand that this Agreement is a general release of Delta and the other Released Parties from any past or existing claim or potential claim including any claim or potential claim relating to my employment relationship with Delta, and termination of that relationship; e. I have been given a period of twenty-one (21) days in which to consider whether to sign this Agreement and to consult with an attorney, accountant, tax advisor, spouse, or any other person. I have either used this full twenty-one (21) day period to consider this Agreement, or have voluntarily chosen to execute this Agreement before the end of that period; f. I understand I have seven (7) calendar days after signing this Agreement and, to the extent desired, EMPLOYEE has done so; and (f) EMPLOYEE does not waive rights or claims under the ADEA that may arise after the date this Agreement is executed. If EMPLOYEE wishes to revoke this AGREEMENTAgreement (the “Revocation Period”). To revoke this Agreement, EMPLOYEE I must deliver written notice via email, stating EMPLOYEE’S notify Delta of the intent to revoke through a signed statement delivered to Xxx Xxxxx, Delta Air Lines, Inc., ATG Department 948, 0000 Xxxxx Xxxxxxxxx - xxxxxxxxxx@xxxxxxxxxx.xxx Xxxx., Xxxxxxx, Xxxxxxx 00000-0000, or to such other person and address as Delta may designate in writing, on or before 5:00 p.m. on the seventh (7Ih) last day of the Revocation Period. I acknowledge that this Agreement will not take effect until the day after the date on which you sign Revocation Period has expired, provided that I have not exercised my revocation right. If I revoke this AGREEMENT. 6 Xxxxxxx Xxxxxxx - General Release Agreement, it shall immediately be void and Separation of no further force or effect and I will not receive the Severance Benefits referred to in Section 2 of this Agreement; otherwise, this Agreement will be fully effective and enforceable as of the day after the Revocation Period.

Appears in 1 contract

Samples: Separation Agreement (Delta Air Lines Inc /De/)

ADEA Waiver. In accordance with the Older Workers Benefit Protection Act of 1990Executive expressly acknowledges and agrees that by entering into this Agreement, EMPLOYEE she is hereby advised waiving any and all rights or claims that this AGREEMENT includes a release and waiver of claims she may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), and EMPLOYEE that this waiver and release is knowing and voluntary. Executive and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this Agreement. Executive further expressly acknowledges and agrees as followsthat: (a) This AGREEMENT is written in a manner calculated In return for this Agreement, she will receive consideration beyond that which she was already entitled to be understood by EMPLOYEE, and EMPLOYEE understands itreceive before executing this Agreement; (b) This AGREEMENT provides consideration to EMPLOYEE She is hereby advised in addition to anything else EMPLOYEE is already entitled to receive; (c) EMPLOYEE has forty-five (45) days prior to the execution of the AGREEMENT, and is choosing to waive writing by this right by signing this AGREEMENT. EMPLOYEE agrees that any changes or amendments to this AGREEMENT, whether or not material, will not restart the forty-five (45) day period; (d) EMPLOYEE has seven (7) days after signing this AGREEMENT to revoke this AGREEMENT, and this AGREEMENT will not be effective, and EMPLOYEE will not receive any of the separation benefits, until that revocation period has expired; (e) EMPLOYEE has the right Agreement to consult with an attorney before signing this Agreement; (c) She was given a copy of this Agreement andon the Effective Date, and informed that she had twenty-one (21) days within which to consider this Agreement and that if she wished to execute this Agreement prior to the extent desiredexpiration of such 21-day period she will have done so voluntarily and with full knowledge that she is waiving her right to have twenty-one (21) days to consider this Agreement; and that such twenty-one (21) day period to consider this Agreement would not and will not be re-started or extended based on any changes, EMPLOYEE has done so; andwhether material or immaterial, that are or were made to this Agreement in such twenty-one (21) day period after she received it; (fd) EMPLOYEE does not waive rights or claims under the ADEA She was informed that may arise after she had seven (7) days following the date of execution of this Agreement is executed. If EMPLOYEE wishes in which to revoke this AGREEMENTAgreement, EMPLOYEE and this Agreement will become null and void if Executive elects revocation during that time. Any revocation must deliver written be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice via emailof revocation must be sent by Executive in writing to the Company (attention General Counsel), stating EMPLOYEE’S intent 0000 Xxxxx Xxxxxxx Xxxxxx, Xxx Xxxxxxx, Xxxxxxxxxx 00000, and with a copy (which shall not constitute notice) to revoke to Xxxxxxx X. Xxxxxxxxx, Esq., O’Melveny & Xxxxx Xxxxxxxxx - xxxxxxxxxx@xxxxxxxxxx.xxx on LLP, 000 Xxxxxxx Xxxxxx Xxxxx, Xxxxx 0000, Xxxxxxx Xxxxx, XX 00000, so that each is received within the seven-day period following execution of this Agreement by Executive. (e) Nothing in this Agreement prevents or before 5:00 p.m. on precludes Executive from challenging or seeking a determination in good faith of the seventh (7Ih) day after validity of this waiver under the date on which you sign this AGREEMENT. 6 Xxxxxxx Xxxxxxx - General Release and Separation AgreementADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.

Appears in 1 contract

Samples: Transition Agreement (Guess Inc)

ADEA Waiver. In accordance with the Older Workers Benefit Protection Act You acknowledge that Your waiver and release hereunder of 1990, EMPLOYEE is hereby advised that this AGREEMENT includes a release and waiver of claims any rights You may have under the Age Discrimination in Employment Act of 1967 (ADEA), as amended by the Older Workers Benefit Protection Act, is knowing and EMPLOYEE agrees voluntary. You certify that You have read and understand the provisions of this release of Claims. You and the Company agree that this waiver and release does not apply to any rights or Claims that may arise under ADEA after the date this Separation Agreement is executed. You acknowledge that the severance benefits provided in this Separation Agreement are specifically linked to Your ADEA Claim release and that You would not receive the same benefits absent Your agreement to provide such a release. You acknowledge that You have been advised by this writing, as follows: required by the Older Workers Benefit Protection Ac that (a) This AGREEMENT is written in a manner calculated You should consult with an attorney prior to be understood by EMPLOYEE, and EMPLOYEE understands it; executing this Separation Agreement; (b) This AGREEMENT provides consideration You have twenty-one (21) days to EMPLOYEE in addition to anything else EMPLOYEE is already entitled to receive; consider this Separation Agreement (although You may, by Your own choice, execute this Separation Agreement earlier); (c) EMPLOYEE has forty-five (45) days prior to the execution of the AGREEMENT, and is choosing to waive this right by signing this AGREEMENT. EMPLOYEE agrees that any changes or amendments to this AGREEMENT, whether or not material, will not restart the forty-five (45) day period; (d) EMPLOYEE has You have seven (7) days after signing following the execution of this AGREEMENT Separation Agreement by You to revoke the Separation Agreement; and (d) this AGREEMENTSeparation Agreement shall not be effective until the Effective Date . If You wish to revoke the Separation Agreement, You must send written notice of Your revocation to the attention of Xxxxxxx Xxxxxx or, if he is not employed by the Company at the time, the individual in his position at the time, to be received within seven (7) days following Your signature on this Separation Agreement. You agree with the Company that changes, whether material or immaterial, do not restart the running of the 21 day consideration period. The only Claims excluded from this release are (a) Claims relating to breach or enforceability of this Separation Agreement, (b) Claims for indemnity under the Company’s Bylaws or Certificate of Incorporation as provided for by Delaware law or under any applicable insurance policy with respect to Your liability as an employee or officer of the Company, (c) Claims that cannot be released under applicable law, and this AGREEMENT will (d) Your right to file a complaint, charge or other action with a governmental agency. With regard to governmental agency complaints, however, You understand and agree that unless prohibited by law, You are expressly waiving any right to obtain monetary damages or any other relief that provides personal benefit resulting from the agency Claim. Notwithstanding the foregoing, nothing herein shall prevent You from receiving an award pursuant to any state or federal statute regarding whistleblowing, including but not be effective, and EMPLOYEE will not receive any limited to Section 21F of the separation benefits, until that revocation period has expired; (e) EMPLOYEE has Securities Exchange Act of 1934 and Section 806 of the right to consult with an attorney before signing this Agreement and, Xxxxxxxx-Xxxxx Act of 2002. This waiver and release is effective to the full extent desired, EMPLOYEE has done so; and (f) EMPLOYEE the law permits You to release Your individual claims. It does not waive affect reimbursement rights You may currently possess under any health insurance coverage or claims accrued rights You may have under the ADEA that may arise any retirement or welfare plan after the date this Agreement is executed. If EMPLOYEE wishes to revoke this AGREEMENT, EMPLOYEE must deliver written notice via email, stating EMPLOYEE’S intent to revoke to Xxxxx Xxxxxxxxx - xxxxxxxxxx@xxxxxxxxxx.xxx on or before 5:00 p.m. on the seventh (7Ih) day after the date on which you sign this AGREEMENT. 6 Xxxxxxx Xxxxxxx - General Release and Separation Agreementtermination.

Appears in 1 contract

Samples: Executive Employment Agreement (CohBar, Inc.)

ADEA Waiver. In accordance with the Older Workers Benefit Protection Act of 1990Executive expressly acknowledges and agrees that by entering into this Agreement, EMPLOYEE he is hereby advised waiving any and all rights or claims that this AGREEMENT includes a release and waiver of claims he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), and EMPLOYEE that this waiver and release is knowing and voluntary. Executive and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this Agreement. Executive further expressly acknowledges and agrees as followsthat: (a) This AGREEMENT is written in a manner calculated In return for this Agreement, he will receive consideration beyond that which he was already entitled to be understood by EMPLOYEE, and EMPLOYEE understands itreceive before executing this Agreement; (b) This AGREEMENT provides consideration to EMPLOYEE He is hereby advised in addition to anything else EMPLOYEE is already entitled to receive; (c) EMPLOYEE has forty-five (45) days prior to the execution of the AGREEMENT, and is choosing to waive writing by this right by signing this AGREEMENT. EMPLOYEE agrees that any changes or amendments to this AGREEMENT, whether or not material, will not restart the forty-five (45) day period; (d) EMPLOYEE has seven (7) days after signing this AGREEMENT to revoke this AGREEMENT, and this AGREEMENT will not be effective, and EMPLOYEE will not receive any of the separation benefits, until that revocation period has expired; (e) EMPLOYEE has the right Agreement to consult with an attorney before signing this Agreement; (c) He was given a copy of this Agreement andon the Effective Date, and informed that he had twenty-one (21) days within which to consider this Agreement and that if he wished to execute this Agreement prior to the extent desiredexpiration of such 21-day period he will have done so voluntarily and with full knowledge that he is waiving his right to have twenty-one (21) days to consider this Agreement; and that such twenty-one (21) day period to consider this Agreement would not and will not be re-started or extended based on any changes, EMPLOYEE has done so; andwhether material or immaterial, that are or were made to this Agreement in such twenty-one (21) day period after he received it; (fd) EMPLOYEE does not waive rights or claims under the ADEA He was informed that may arise after he had seven (7) days following the date of execution of this Agreement is executed. If EMPLOYEE wishes in which to revoke this AGREEMENTAgreement, EMPLOYEE and this Agreement will become null and void if Executive elects revocation during that time. Any revocation must deliver written be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice via emailof revocation should be sent by Executive in writing to the Company (attention General Counsel), stating EMPLOYEE’S intent 1444 Souxx Xxxxxxx Xxxxxx, Xxx Xxxxxxx, Xxxxxxxxxx 00000, xxx xxth a copy (which shall not constitute notice) to revoke to Jeffrey X. Xxxxxxxxx, Xxx., O’Melveny & Myers LLX, 000 Newpxxx Xxxxxx Xxxxx, Xxxxx Xxxxxxxxx - xxxxxxxxxx@xxxxxxxxxx.xxx on 0000, Xxxxxxx Xxxxx, XX 00000, xx xxxt each is received within the seven-day period following execution of this Agreement by Executive. (e) Nothing in this Agreement prevents or before 5:00 p.m. on precludes Executive from challenging or seeking a determination in good faith of the seventh (7Ih) day after validity of this waiver under the date on which you sign this AGREEMENT. 6 Xxxxxxx Xxxxxxx - General Release and Separation AgreementADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.

Appears in 1 contract

Samples: Separation and Release Agreement (Guess Inc)

ADEA Waiver. In accordance with the Older Workers Benefit Protection Act of 1990Executive expressly acknowledges and agrees that by entering into this Agreement, EMPLOYEE he is hereby advised waiving any and all rights or claims that this AGREEMENT includes a release and waiver of claims he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), and EMPLOYEE that this waiver and release is knowing and voluntary. Executive and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this Agreement. Executive further expressly acknowledges and agrees as followsthat: (a) This AGREEMENT is written in a manner calculated In return for this Agreement, he will receive consideration beyond that which he was already entitled to be understood by EMPLOYEE, and EMPLOYEE understands itreceive before executing this Agreement; (b) This AGREEMENT provides consideration to EMPLOYEE He is hereby advised in addition to anything else EMPLOYEE is already entitled to receive; (c) EMPLOYEE has forty-five (45) days prior to the execution of the AGREEMENT, and is choosing to waive writing by this right by signing this AGREEMENT. EMPLOYEE agrees that any changes or amendments to this AGREEMENT, whether or not material, will not restart the forty-five (45) day period; (d) EMPLOYEE has seven (7) days after signing this AGREEMENT to revoke this AGREEMENT, and this AGREEMENT will not be effective, and EMPLOYEE will not receive any of the separation benefits, until that revocation period has expired; (e) EMPLOYEE has the right Agreement to consult with an attorney before signing this Agreement; (c) He was given a copy of this Agreement andon [, 2021], and informed that he had [twenty-one (21)] days within which to consider this Agreement and that if he wished to execute this Agreement prior to the extent desiredexpiration of such [21]-day period he will have done so voluntarily and with full knowledge that he is waiving his right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, EMPLOYEE has done so; andwhether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after he received it; (fd) EMPLOYEE does not waive rights or claims under the ADEA He was informed that may arise after he had seven (7) days following the date of execution of this Agreement is executed. If EMPLOYEE wishes in which to revoke this AGREEMENTAgreement, EMPLOYEE and this Agreement will become null and void if Executive elects revocation during that time. Any revocation must deliver written be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice via emailof revocation should be sent by Executive in writing to the Company (attention Mxxxxxxx Xxxxxxxx), stating EMPLOYEE’S intent to revoke to 2000 X Xxxxxxxxx Xxxx Xxxxx Xxxxxxxxx - xxxxxxxxxx@xxxxxxxxxx.xxx on 000, Xxxxxxx, XX 00000, so that it is received within the seven-day period following execution of this Agreement by Executive. (e) Nothing in this Agreement prevents or before 5:00 p.m. on precludes Executive from challenging or seeking a determination in good faith of the seventh (7Ih) day after validity of this waiver under the date on which you sign this AGREEMENT. 6 Xxxxxxx Xxxxxxx - General Release and Separation AgreementADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.

Appears in 1 contract

Samples: Employment Agreement (TILT Holdings Inc.)

ADEA Waiver. In accordance with the Older Workers Benefit Protection Act You acknowledge that your waiver and release hereunder of 1990, EMPLOYEE is hereby advised that this AGREEMENT includes a release and waiver of claims any rights You may have under the Age Discrimination in Employment Act of 1967 (ADEA), as amended by the Older Workers Benefit Protection Act, is knowing and EMPLOYEE agrees voluntary. You certify that You have read and understand the provisions of this release of claims. You and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the date this Separation Agreement is executed. You acknowledge that the severance benefits provided in this Separation Agreement are specifically linked to your ADEA claim release and that You would not receive the same benefits absent your agreement to provide such a release. You acknowledge that You have been advised by this writing, as follows: required by the Older Workers Benefit Protection Act, that (a) This AGREEMENT is written in a manner calculated You should consult with an attorney prior to be understood by EMPLOYEE, and EMPLOYEE understands it; executing this Separation Agreement; (b) This AGREEMENT provides consideration You have twenty-one (21) days to EMPLOYEE in addition to anything else EMPLOYEE is already entitled to receive; consider this Separation Agreement (although You may, by your own choice, execute this Separation Separation Agreement Exhibit A Agreement earlier); (c) EMPLOYEE has forty-five (45) days prior to the execution of the AGREEMENT, and is choosing to waive this right by signing this AGREEMENT. EMPLOYEE agrees that any changes or amendments to this AGREEMENT, whether or not material, will not restart the forty-five (45) day period; (d) EMPLOYEE has You have seven (7) days after signing following the execution of this AGREEMENT Separation Agreement by You to revoke the Separation Agreement; and (d) this AGREEMENT, and this AGREEMENT will Separation Agreement shall not be effective, and EMPLOYEE will not receive any of effective until the separation benefits, until that date upon which this revocation period has expired; . If You wish to revoke the Separation Agreement, You must send written notice of your revocation to the attention of , to be received within seven (e7) EMPLOYEE has the days following your signature on this Separation Agreement. The only Claims excluded from this release are claims relating to breach or enforceability of this Separation Agreement and your right to consult file a complaint, charge or other action with an attorney before signing this Agreement anda governmental agency. With regard to governmental agency complaints, however, You understand and agree that You are expressly waiving any right to obtain monetary damages or any other relief that provides personal benefit resulting from the agency claim. This waiver and release is effective to the full extent desired, EMPLOYEE has done so; and (f) EMPLOYEE the law permits You to release your individual claims. It does not waive affect reimbursement rights You may currently possess under any health insurance coverage or claims accrued rights You may have under the ADEA that may arise any retirement plan after the date this Agreement is executed. If EMPLOYEE wishes to revoke this AGREEMENT, EMPLOYEE must deliver written notice via email, stating EMPLOYEE’S intent to revoke to Xxxxx Xxxxxxxxx - xxxxxxxxxx@xxxxxxxxxx.xxx on or before 5:00 p.m. on the seventh (7Ih) day after the date on which you sign this AGREEMENT. 6 Xxxxxxx Xxxxxxx - General Release and Separation Agreementtermination.

Appears in 1 contract

Samples: Executive Employment Agreement (Cohbar, Inc.)

ADEA Waiver. In accordance with the Older Workers Benefit Protection Act of 1990, EMPLOYEE Employee acknowledges that she is hereby advised that this AGREEMENT includes a release waiving and waiver of releasing claims arising under the Age Discrimination in Employment Act, as amended by the Older Workers’ Benefit Protection Act (“ADEA”), . Employee acknowledges that the consideration given for this waiver and EMPLOYEE agrees as follows: (a) This AGREEMENT release is written in a manner calculated to be understood by EMPLOYEE, and EMPLOYEE understands it; (b) This AGREEMENT provides consideration to EMPLOYEE in addition to anything else EMPLOYEE is of value to which Employee was already entitled to receiveentitled. Employee further acknowledges that Employee has been advised by this Agreement that: a. Employee has carefully read and fully understands the terms of this Agreement; (c) EMPLOYEE has forty-five (45) days prior to the execution of the AGREEMENT, and b. Employee is choosing to waive this right by signing this AGREEMENT. EMPLOYEE agrees that any changes or amendments to this AGREEMENT, whether or not material, will not restart the forty-five (45) day period; (d) EMPLOYEE has seven (7) days after signing this AGREEMENT to revoke this AGREEMENT, and this AGREEMENT will not be effective, and EMPLOYEE will not receive any of the separation benefits, until that revocation period has expired; (e) EMPLOYEE has the right advised to consult with an attorney before signing this Agreement and, Agreement; c. Employee has at least twenty-one (21) days to consider this Agreement; d. Employee agrees that any change to the extent desiredrelease contained in Section 3, EMPLOYEE whether material or immaterial, will not restart the twenty-one (21) day review period; e. Employee has done so; and (f) EMPLOYEE does not waive rights or claims under the ADEA that may arise after the date taken time to consider whether to sign this Agreement is executed. If EMPLOYEE wishes and has chosen to sign this Agreement freely, knowingly, and voluntarily; f. Employee has up to seven (7) days following execution of this Agreement to revoke this AGREEMENTAgreement; g. Employee may revoke this Agreement by delivering a written revocation to Rxx Xxxxx, EMPLOYEE must deliver written notice Chief Legal Officer, EyePoint Pharmaceuticals US, Inc., Suite C400, 400 Xxxxxxxx Xxxxxx, Xxxxxxxxx, XX 00000, via emailemail to rxxxxx@xxxxxxxxxxxxxx.xxx. The revocation may also be personally delivered or sent to Rxx Xxxxx via overnight courier before the end of the seven (7) day period. h. If Employee does not revoke during the 7-day revocation period, stating EMPLOYEE’S intent to revoke to Xxxxx Xxxxxxxxx - xxxxxxxxxx@xxxxxxxxxx.xxx this Agreement will take effect on or the 8th day after Employee signs this Agreement. i. Employee may sign this Agreement no sooner than the day after Employee’s Separation Date and no later than August 26, 2024. If Employee does not return an executed copy of this Agreement before 5:00 p.m. (ET) on the seventh (7Ih) day after the date on which you sign August 26, 2024, this AGREEMENT. 6 Xxxxxxx Xxxxxxx - General Release severance offer will expire and Separation Agreementall provisions of this Agreement shall be void and of no legal effect.

Appears in 1 contract

Samples: Severance Agreement (EyePoint Pharmaceuticals, Inc.)