Common use of ADEA Waiver Clause in Contracts

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under ADEA, and that the consideration given for the waiver and release in the preceding paragraph is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing that: (a) your waiver and release do not apply to any rights or claims that may arise after the date you sign this Agreement; (b) you should consult with an attorney prior to executing this Agreement (although you may choose voluntarily not to do so); (c) you have twenty-one (21) days after the date of your receipt of this Agreement to consider this Agreement (although you may choose to voluntarily execute this Agreement earlier); (d) you have seven (7) days following the date you sign this Agreement to revoke the Agreement (by providing written notice of your revocation to me); and (e) this Agreement will not be effective until the eighth (8th) day after you sign this Agreement, provided the revocation period has expired without your having revoked (the “Effective Date”), and you will not receive the benefits specified by this Agreement unless and until it becomes effective.

Appears in 2 contracts

Samples: Separation Agreement (Artiva Biotherapeutics, Inc.), Separation Agreement (Aethlon Medical Inc)

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ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving waive and releasing release any rights you may have under ADEA, and the ADEA (defined above). You also acknowledge that the consideration given for the waiver and release your releases in the preceding paragraph this Agreement is in addition to anything of value to which you were already entitled. You further acknowledge that you have been are advised by this writing that: (a) your waiver and release do not apply to any rights or claims that may arise after the date you sign this Agreement; (b) you should consult with an attorney prior to executing this Agreement release (although and you may choose voluntarily not to do have done so); (c) you have twenty-one (21) days after the date of your receipt of this Agreement within which to consider this Agreement release (although you may choose to voluntarily execute this Agreement release earlier); (d) you have seven (7) days following the date you sign execution of this Agreement release to revoke the Agreement (by providing written notice of your revocation to me)this Agreement; and (e) this Agreement will not be effective until the eighth (8th) day after you sign this [ ] [DATE] Agreement, provided the revocation period has expired without your having that you have not earlier revoked this Agreement (the “Effective Date”). Nothing in this Agreement prevents or precludes you from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, and you nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. You will not be entitled to receive any of the benefits specified by this Agreement unless and until it becomes effective.

Appears in 2 contracts

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

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA, and that the consideration given for the waiver and release in the preceding paragraph is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing that: (a) your waiver and release do not apply to any rights or claims that may arise after the date you sign this Agreement; (b) you should consult with an attorney prior to executing signing this Agreement (although you may choose voluntarily not to do so)Agreement; (c) you have twenty-one (21) days after the date of your receipt of this Agreement to consider this Agreement (although you may choose to voluntarily execute sign this Agreement earlier); (d) you have seven (7) days following the date you sign this Agreement to revoke the Agreement (by providing written notice of your revocation to me)Agreement; and (e) this Agreement will not be effective until the date upon which the revocation period has expired, which will be the eighth (8th) calendar day after the date you sign this Agreement, provided the revocation period has expired without your having revoked (the “Effective Date”), and you will not receive the benefits specified by this Agreement unless and until it becomes effective.

Appears in 2 contracts

Samples: Severance Agreement (Pharsight Corp), Severance Agreement (Pharsight Corp)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA, and . You also acknowledge that the consideration given for the waiver and release in the preceding paragraph is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing writing, as required by the ADEA, that: (a) your waiver and release do not apply to any rights or claims that may arise after the date you sign this Agreement; (b) you should consult with an attorney prior to executing this Agreement (although you may choose voluntarily not to do so)Agreement; (c) you have twenty-one (21) days after the date of your receipt of this Agreement to consider this Agreement (although you may choose to voluntarily execute this Agreement earlier); (d) you have seven (7) days following the date you sign this Agreement to revoke the Agreement (by providing written notice of your revocation to me)Agreement; and (e) this Agreement will not be effective until the eighth (8th) day after you sign this Agreement, provided date upon which the revocation period has expired without your having revoked expired, which will be the eighth day after this Agreement is executed by you, provided that the Company has also signed the Agreement by that date (the “"Effective Date"), and you will not receive the benefits specified by this Agreement unless and until it becomes effective.

Appears in 2 contracts

Samples: Separation and Consulting Agreement (Clarent Corp/Ca), Separation and Consulting Agreement (Clarent Corp/Ca)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under ADEA, and that the consideration given for the waiver and release in the preceding paragraph Section is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing that: (a) your waiver and release do not apply to any rights or claims that may arise after the execution date you sign of this Agreement; (b) you should consult with an attorney prior to executing this Agreement (although you may choose voluntarily not to do so)Agreement; (c) you have twenty-one (21) days after the date of your receipt of this Agreement to consider this Agreement (although you may choose to voluntarily execute this Agreement earlier); (d) you have seven (7) days following the date you sign execution of this Agreement by the parties to revoke the Agreement (by providing written notice of your revocation to me)Agreement; and (e) this Agreement will not be effective until the eighth (8th) day after you sign this Agreement, provided date upon which the revocation period has expired without your having revoked revocation being exercised (the “Effective Date”), and you . You will not receive any of the payments or benefits specified by set forth in this Agreement unless and until it the Agreement becomes effective.

Appears in 2 contracts

Samples: Separation Agreement (Websense Inc), Retirement Agreement (Websense Inc)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA, and that the consideration given for the this waiver and release in the preceding paragraph is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing writing, as required by the ADEA, that: (a) your waiver and release do not apply to any rights or claims that may arise after the date you sign this Agreement; (b) you should have the right to consult with an attorney prior to executing this Agreement (although you may choose voluntarily not to do so); (c) you have twenty-one (21) days after the date of your receipt of this Agreement to consider this Agreement (although you may choose voluntarily to voluntarily execute this Agreement earlier); (d) you have seven (7) days following the date you sign your execution of this Agreement to revoke the Agreement (by providing in a written notice of your revocation sent to me); and (e) this Agreement will not be effective until the eighth (8th) day after you sign this Agreement, provided date upon which the revocation period has expired without your having revoked expired, which will be the eighth day after this Agreement is executed by you (the “Effective Date”), and you will not receive the benefits specified by this Agreement unless and until it becomes effective.

Appears in 2 contracts

Samples: Separation Agreement (Avigen Inc \De), Separation Agreement (Avigen Inc \De)

ADEA Waiver. You further acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA, and . You also acknowledge that the consideration given for the such waiver and release in the preceding paragraph is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing writing, as required by the ADEA, that: (a) your waiver and release do does not apply to any rights or claims that may arise after the date you sign this Agreement; (b) you should consult with an attorney prior to executing signing this Agreement (although you may choose voluntarily not to do so)Agreement; (c) you have twenty-one (21) 21 days after the date of your receipt of this Agreement to consider this Agreement (although you may choose to voluntarily execute this Agreement earliersign it sooner); (d) you have seven (7) days following the date you sign this Agreement to revoke the Agreement (by providing in a written notice revocation sent to Xxxxx Xxxxxxxx, VP of your revocation to meHuman Resources); and (e) this Agreement will not be effective until the date upon which the revocation period has expired, which will be the eighth (8th) day after you sign this Agreement, provided the revocation period has expired without your having revoked Agreement (the “Effective Date”), and you will not receive the benefits specified by this Agreement unless and until it becomes effective.

Appears in 2 contracts

Samples: Separation and Release Agreement, Separation and Release Agreement (Tableau Software Inc)

ADEA Waiver. You further acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the Age Discrimination in Employment Act of 1967 (“ADEA, and ”). You also acknowledge that the consideration given for the waiver and release in the preceding paragraph paragraphs hereof is in addition to anything of value to which you were already entitled. You If you are forty (40) years of age or older when this release is signed, you hereby provide the further acknowledge acknowledgment that you have been are advised by this writing writing, as required by the Older Workers Benefit Protection Act, that: (a) your waiver and release do not apply to any rights or claims that may arise after the date you sign Effective Date of this Agreementrelease; (b) you should have the right to consult with an attorney prior to executing this Agreement release (although you may voluntarily choose voluntarily not to do so); (c) you may have at least twenty-one (21) days after the date of your receipt of this Agreement to consider this Agreement (although you may choose to voluntarily by your own choice execute this Agreement release earlier); (d) you have seven (7) days following the date you sign execution of this Agreement release to revoke the Agreement (by providing written notice of your revocation to me)this release; and (e) this Agreement will shall not be effective until the eighth (8th) day after you sign this Agreement, provided date upon which the revocation period has expired without your having revoked expired, therefore making the effective date the eighth day after this release is signed by you (the “Effective Date”), and you will not receive the benefits specified by this Agreement unless and until it becomes effective.

Appears in 2 contracts

Samples: Resignation Agreement (First Virtual Communications Inc), Resignation Agreement (First Virtual Communications Inc)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA, and . You also acknowledge that the consideration given for the waiver and release in the preceding paragraph Paragraph is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing writing, as required by the ADEA, that: (a) your waiver and release do not apply to any rights or claims that may arise after the execution date you sign of this Agreement; (b) you should consult with an attorney prior to executing this Agreement (although you may choose voluntarily not to do so)Agreement; (c) you have twenty-one (21) days after the date of your receipt of this Agreement to consider this Agreement (although you may choose to voluntarily execute this Agreement earlier); (d) you have seven (7) days following the date you sign your execution of this Agreement to revoke the Agreement (by providing written notice of your revocation to me)Agreement; and (e) this Agreement will not be effective until the eighth (8th) day after you sign this Agreement, provided date upon which the revocation period has expired without your having revoked expired, which will be the eighth day after this Agreement is executed by you (the “"Effective Date"), and you will not receive the benefits specified by this Agreement unless and until it becomes effective.

Appears in 2 contracts

Samples: Separation Agreement (Quinton Cardiology Systems Inc), Separation Agreement (Quinton Cardiology Systems Inc)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA, and . You also acknowledge that the consideration given for the such waiver and release in the preceding paragraph is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing writing, as required by the ADEA, that: (a) your waiver and release do does not apply to any rights or claims that may arise after the date you sign this Agreement; (b) you should consult with an attorney prior to executing signing this Agreement (although you may choose voluntarily not to do so)Agreement; (c) you have twenty-one (21) days after the date of your receipt of this Agreement to consider this Agreement (although you may choose to voluntarily execute this Agreement earliersign it sooner); (d) you have seven (7) days following the date you sign this Agreement to revoke the Agreement (by providing in a written notice of your revocation sent to me); and (e) this Agreement will not be effective until the date upon which the revocation period has expired, which will be the eighth (8th) day after you sign this Agreement, provided the revocation period has expired without your having revoked (the “Effective Date”), and you will not receive the benefits specified by this Agreement unless and until it becomes effective.

Appears in 2 contracts

Samples: Separation Agreement (Everspin Technologies Inc), Transition and Separation Agreement (Cardica Inc)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under ADEA, the ADEA and acknowledge that the consideration given for the waiver and release in the preceding paragraph hereof is in addition to anything of value to which you were are already entitled. You further acknowledge that you have been advised by this writing that: (a) your waiver and release do not apply to any rights or claims that may arise after the execution date you sign of this Agreementrelease; (b) you should consult with an attorney prior to executing this Agreement release (although you may choose voluntarily not to do so); (c) you have twenty-one (21) days after the date of your receipt of this Agreement to consider this Agreement (although you may choose to voluntarily execute this Agreement earlier); (d) you have seven (7) days following the date you sign execution of this Agreement by the parties to revoke the Agreement (by providing written notice of your revocation to me)Agreement; and (e) this Agreement will not be effective until the eighth (8th) day after you sign this Agreement, provided date upon which the revocation period has expired without your having revoked expired, which will be the eighth day after this Agreement is executed by you (the "Effective Date"), and you will not receive the benefits specified by this Agreement unless and until it becomes effective.

Appears in 2 contracts

Samples: Separation Agreement (Aspect Communications Corp), Separation Agreement (Aspect Communications Corp)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA, and that the consideration given for the waiver and release releases you have given in the preceding paragraph this Agreement is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised advised, as required by this writing the ADEA, that: (a) your waiver and release do does not apply to any rights or claims that may arise after the date you sign this Agreement; (b) you should consult with an attorney prior to executing signing this Agreement (although you may choose voluntarily not to do so); (c) you have twenty-one (21) days after the date of your receipt of this Agreement to consider this Agreement (although you may choose voluntarily to voluntarily execute this Agreement earliersign it sooner); (d) you have seven (7) days following the date you sign this Agreement to revoke the this Agreement (by providing in a written notice of your revocation sent to me); and (e) this Agreement will not be effective until the date upon which the revocation period has expired, which will be the eighth (8th) day after you sign this Agreement, Agreement provided the revocation period has expired without your having revoked (the “Effective Date”), and that you will do not receive the benefits specified by this Agreement unless and until it becomes effectiverevoke it.

Appears in 1 contract

Samples: Separation and Consulting Agreement (Sunesis Pharmaceuticals Inc)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under ADEA, and the ADEA (“ADEA Waiver”). You also acknowledge that the consideration given for the waiver and release in the preceding paragraph ADEA Waiver is in addition to anything of value to which you were already entitled. You further acknowledge that you have been are advised by this writing writing, as required by the ADEA, that: (a) your waiver and this release do does not apply to any rights or claims that may arise after the date you sign this Agreement; (b) you should consult with an attorney prior to executing this Agreement (although you may choose voluntarily not to do so)release; (c) you have twenty-one (21) days after the date of your receipt of this Agreement within which to consider this Agreement release (although you may choose to voluntarily execute this the Agreement earlier); (d) you have seven (7) days following the date you sign execution of this release to revoke this Agreement to revoke the Agreement (by providing in a written notice of your revocation directed to me); and (e) this Agreement will not be effective until the eighth (8th) day after you sign this Agreement, provided the revocation period has expired without your having that you have not earlier revoked (the “Effective Date”), and you this Agreement. You will not be entitled to receive any of the benefits specified by this Agreement unless and until it becomes effective.

Appears in 1 contract

Samples: Separation Agreement (Coronado Biosciences Inc)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA, and that the consideration given for the waiver and release in the preceding paragraph is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing that: (a) your waiver and release do not apply to any rights or claims that may arise after the execution date you sign of this Agreement; (b) you should consult with an attorney prior to executing this Agreement (although you may choose voluntarily not to do so); (c) you have twenty-one (21) days after the date of your receipt of this Agreement to consider this Agreement (although you may choose to voluntarily execute this Agreement earlier); (d) you have seven (7) days following the date you sign execution of this Agreement by the parties to revoke the Agreement (by providing written notice of your revocation in a writing to me)Caliper; and (e) this Agreement will not be effective until the eighth (8th) day after you sign this Agreement, provided date upon which the revocation period has expired without your having revoked expired, which will be the eighth day after the date you execute this Agreement provided that Caliper has also executed this Agreement by that date (the "Effective Date"), and you will not receive the benefits specified by this Agreement unless and until it becomes effective.

Appears in 1 contract

Samples: Severance Agreement (Caliper Technologies Corp)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA, and that the consideration given for the waiver and release in the preceding paragraph this Section is in addition to anything of value to which you were are already entitled. You further acknowledge that you have been advised advised, as required by this writing the ADEA, that: (ai) your waiver and release do not apply to any rights or claims that may arise after the date that you sign this Agreement; (bii) you should consult with an attorney prior to executing signing this Agreement (although you may choose voluntarily not to do so); (ciii) you have twenty-one (21) days after the date of your receipt of this Agreement to consider this Agreement (although you may choose voluntarily to voluntarily execute this Agreement sign it earlier); (div) you have seven (7) days following the date you sign this Agreement to revoke the Agreement it (by providing written notice of your revocation to me); and (ev) this Agreement will not be effective until the eighth (8th) day after you sign this Agreement, provided date upon which the revocation period has expired without your having revoked expired, which will be the eighth day after the date that this Agreement is signed by you provided that you do not revoke it (the “Effective Date"), and you will not receive the benefits specified by this Agreement unless and until it becomes effective.

Appears in 1 contract

Samples: Transition and Separation Agreement (Aurinia Pharmaceuticals Inc.)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA, and that the consideration given for the waiver and release in the preceding paragraph this Section is in addition to anything of value to which you were are already entitled. You further acknowledge that you have been advised advised, as required by this writing the ADEA, that: (ai) your waiver and release do not apply to any rights or claims that may arise after the date that you sign this Agreement; (bii) you should consult with an attorney prior to executing signing this Agreement (although you may choose voluntarily not to do so); (ciii) you have twenty-one (21) days after the date of your receipt of this Agreement to consider this Agreement (although you may choose voluntarily to voluntarily execute this Agreement sign it earlier); (div) you have seven (7) days following the date you sign this Agreement to revoke the Agreement your acceptance (by providing written notice of your revocation to me); and (ev) this Agreement will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth (8th) day after you sign this Agreement, provided the revocation period has expired without your having revoked Agreement (the “Effective Date”), and you will not receive the benefits specified by this Agreement unless and until it becomes effective.

Appears in 1 contract

Samples: Separation Agreement (Revance Therapeutics, Inc.)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under ADEA, and that the consideration given for the waiver and release in the preceding paragraph is in addition to anything of value to which you were already entitledentitlxx. You further acknowledge Xxx xxxxxxx xcknowledge that you have been advised by this writing that: (a) your waiver and release do not apply to any rights or claims that may arise after the execution date you sign of this Agreement; (b) you should consult with an attorney prior to executing this Agreement (although you may choose voluntarily not to do so)Agreement; (c) you have twenty-one (21) days after the date of your receipt of this Agreement to consider this Agreement (although you may choose to voluntarily execute this Agreement earlier); (d) you have seven (7) days following the date you sign your execution of this Agreement to revoke your consent to the Agreement (by providing written notice of your revocation to me)the Company's CEO; and (e) this Agreement will not be effective until the eighth (8th) day after you sign this Agreement, provided date upon which the revocation period has expired without your having revoked expired, which will be the eighth day after the date you execute this Agreement (the "Effective Date"), and you will not receive the benefits specified by this Agreement unless and until it becomes effective.

Appears in 1 contract

Samples: Employment Separation Agreement (Asyst Technologies Inc /Ca/)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under ADEA, and that the consideration given for the waiver and release in the preceding paragraph is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing that: (a) your waiver and release do not apply to any rights or claims that may arise after the execution date you sign of this Agreement; (b) you should consult with an attorney prior to executing this Agreement (although you may choose voluntarily not to do so)Agreement; (c) you have twenty-one (21) days after the date of your receipt of this Agreement to consider this Agreement (although you may choose to voluntarily execute this Agreement earlier); (d) you have seven (7) days following the date you sign execution of this Agreement by the parties to revoke the Agreement (by providing written notice of your revocation to me)Agreement; and (e) this Agreement will not be effective until the eighth (8th) day after you sign this Agreement, provided date upon which the revocation period has expired without your having revoked (the “Effective Date”), and you will not receive the benefits specified by this Agreement unless and until it becomes effective.

Appears in 1 contract

Samples: Separation Agreement (AmpliPhi Biosciences Corp)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under ADEA, and that the consideration given for the waiver and release in the preceding paragraph is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing that: (a) your waiver and release do not apply to any rights or claims that may arise after the execution date you sign of this 4. Agreement; (b) you should consult with an attorney prior to executing this Agreement (although you may choose voluntarily not to do so)Agreement; (c) you have twenty-one (21) days after the date of your receipt of this Agreement to consider this Agreement (although you may choose to voluntarily execute this Agreement earlier); (d) you have seven (7) days following the date you sign execution of this Agreement by the parties to revoke the Agreement (by providing written notice of your revocation to me)Agreement; and (e) this Agreement will not be effective until the eighth (8th) day after you sign this Agreement, provided date upon which the revocation period has expired without your having revoked (the “Effective Date”), and you will not receive the benefits specified by this Agreement unless and until it becomes effective.

Appears in 1 contract

Samples: Separation Agreement (Bellicum Pharmaceuticals, Inc)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving waive and releasing release any rights you may have under ADEA, and the ADEA (defined above). You also acknowledge that the consideration given for the waiver and release your releases in the preceding paragraph this Agreement is in addition to anything of value to which you were already entitled. You further acknowledge that you have been are advised by this writing that: (a) your waiver and release do not apply to any rights or claims that may arise after the date you sign this Agreement; (b) you should consult with an attorney prior to executing this Agreement release (although and you may choose voluntarily not to do have done so); (c) you have twenty-one (21) days after the date of your receipt of this Agreement within which to consider this Agreement release (although you may choose to voluntarily execute this Agreement release earlier); (d) you have seven (7) days following the date you sign execution of this Agreement release to revoke the Agreement (by providing written notice of your revocation to me)this Agreement; and (e) this Agreement will not be effective until the eighth (8th) day after you sign this Agreement, provided the revocation period has expired without your having that you have not earlier revoked this Agreement (the “Effective Date”), and you . You will not be entitled to receive any of the benefits specified by this Agreement unless and until it becomes effective.. Xxxx Xxxxx November 12, 2015

Appears in 1 contract

Samples: Separation Agreement (Sientra, Inc.)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under ADEA, and the ADEA (“ADEA Waiver”). You also acknowledge that the consideration given for the waiver and release in the preceding paragraph ADEA Waiver is in addition to anything of value to which you were already entitled. You further acknowledge that you have been are advised by this writing writing, as required by the ADEA, that: (a) your waiver and release do not apply to any rights or claims that may arise after the date you sign this Agreement; (b) you should consult with an attorney prior to executing this Agreement (although you may choose voluntarily not to do so)release; (c) you have twenty-one (21) 21 days after the date of your receipt of this Agreement within which to consider this Agreement release (although you may choose to voluntarily execute this Agreement release earlier); (d) you have seven (7) 7 days following the date you sign execution of this release to revoke this Agreement to revoke the Agreement (by providing in a written notice of your revocation directed to me); and (e) this Agreement will not be effective until the eighth (8th) day after you sign this Agreement, provided the revocation period has expired without your having that you have not earlier revoked this Agreement (the “Effective Date”), and you . You will not be entitled to receive any of the benefits specified by this Agreement unless and until it becomes effective.

Appears in 1 contract

Samples: Separation and Transition Agreement (Neurocrine Biosciences Inc)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA, and that the consideration given for the waiver and release releases you have given in the preceding paragraph this Agreement is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised advised, as required by this writing the ADEA, that: (ai) your waiver and release do does not apply to any rights or claims that may arise after the date you sign this Agreement; (bii) you should consult with an attorney prior to executing signing this Agreement (although you may choose voluntarily not to do so); (ciii) you have twenty-one (21) days after the date of your receipt of this Agreement to consider this Agreement (although you may choose voluntarily to voluntarily execute this Agreement earliersign it sooner); (div) you have seven (7) days following the date you sign this Agreement to revoke the this Agreement (by providing in a written notice of your revocation sent to me); and (ev) this Agreement will not be effective until the date upon which the revocation period has expired, which will be the eighth (8th) day after you sign this Agreement, Agreement provided the revocation period has expired without your having revoked (the “Effective Date”), and that you will do not receive the benefits specified by this Agreement unless and until it becomes effectiverevoke it.

Appears in 1 contract

Samples: Separation and Consulting Agreement (Metacrine, Inc.)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under ADEA, and the ADEA (“ADEA Waiver”). You also acknowledge that the consideration given for the waiver and release in the preceding paragraph ADEA Waiver is in addition to anything of value to which you were already entitled. You further acknowledge that you have been are advised by this writing writing, as required by the ADEA, that: (a) your waiver and release do not apply to any rights or claims that may arise after the date you sign this Agreement; (b) you should consult with an attorney prior to executing this Agreement (although you may choose voluntarily not to do so)release; (c) you have twenty-one (21) days after the date of your receipt of this Agreement within which to consider this Agreement release (although you may choose to voluntarily execute this Agreement release earlier); (d) you have seven (7) days following the date you sign execution of this release to revoke this Agreement to revoke the Agreement (by providing in a written notice of your revocation sent to me); and (e) this Agreement will not be effective until the eighth (8th) day after you sign this Agreement, provided the revocation period has expired without your having that you have not earlier revoked this Agreement (the “Effective Date”), and you . You will not be entitled to receive any of the benefits specified by this Agreement unless and until it becomes effective.

Appears in 1 contract

Samples: Separation and Consulting Agreement (Optimer Pharmaceuticals Inc)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under ADEA, and that the consideration given for the waiver and release in the preceding paragraph is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing that: (a) your waiver and release do not apply to any rights or claims that may arise after the date you sign this Agreement; (b) you should consult with an attorney prior to executing this Agreement (although you may choose voluntarily not to do so)Agreement; (c) you have twenty-one (21) days after the date of your receipt of this Agreement to consider this Agreement (although you may choose to voluntarily execute this Agreement earlier); (d) you have seven (7) days following the date you sign this Agreement to revoke the Agreement (by providing written notice of your revocation to me)Agreement; and (e) this Agreement will not be effective until the eighth (8th) day after you sign this Agreement, provided date on which the revocation period has expired without your having revoked expired, which will be the eighth day after the date you sign this Agreement (the "Effective Date"), and you will not receive the benefits specified by this Agreement unless and until it becomes effective.

Appears in 1 contract

Samples: Retirement Agreement (Wind River Systems Inc)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA, and . You also acknowledge that the consideration given provided for in this Agreement exceeds the waiver and release in the preceding paragraph is in addition to anything of value amount to which you otherwise were already entitled. You further acknowledge that you have been advised by this writing writing, as required by the ADEA, that: (a) your waiver and release do of ADEA claims does not apply to any rights or claims that may arise after the date you sign this Agreement; (b) you should consult with an attorney prior to executing signing this Agreement (although you may choose voluntarily not to do so)Agreement; (c) you have twenty-one (21) days after the date of your receipt of this Agreement to consider this Agreement (although you may choose to voluntarily execute this Agreement earliersign it sooner); and (d) you have seven (7) days following the date you sign this Agreement to revoke the Agreement (by providing it, with such revocation to be effective only if you deliver written notice of your revocation to me); the Company within the seven (7)-day period. Nevertheless, (i) the termination of your employment is effective as of the Separation Date, and not revocable and (eii) this Agreement will not be effective until the eighth (8th) day after you sign this Agreement, provided the revocation period has expired without your having revoked (the “Effective Date”), and you will not receive the benefits specified by payment set forth in Section 3(a) if you revoke the ADEA release provided under this Agreement unless and until it becomes effectiveAgreement.

Appears in 1 contract

Samples: Separation and Release Agreement (TigerLogic CORP)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under ADEA, and that the consideration given for the waiver and release in the preceding paragraph is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing that: (a) your waiver and release do not apply to any rights or claims that may arise after the execution date you sign of this Agreement; (b) you should consult with an attorney prior to executing this Agreement (although you may choose voluntarily not to do so)Agreement; (c) you have twenty-one (21) days after the date of your receipt of this Agreement to consider this Agreement (although you may choose to voluntarily execute this Agreement earlier); (d) you have seven (7) days following the date you sign execution of this Agreement by the parties to revoke the Agreement (by providing written notice of your revocation to me)Agreement; and (e) this Agreement will not be effective until the eighth (8th) day after you sign this Agreement, provided date upon which the revocation period has expired without your having revoked (the “Effective Date”), and you will not receive the benefits specified by this Agreement unless and until it becomes effective. 4.

Appears in 1 contract

Samples: Separation Agreement (XOMA Corp)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under ADEA, and that the consideration given for the waiver and release in the preceding paragraph is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing that: (a) your waiver and release do not apply to any rights or claims that may arise after the execution date you sign of this Agreement; (b) you should consult with an attorney prior to executing this Agreement (although and you may choose voluntarily not to do acknowledge that you have done so); (c) you have twenty-one (21) days after the date of your receipt of this Agreement to consider this Agreement (although you may choose to voluntarily execute this Agreement earlier); (d) you have seven (7) days following the date you sign execution of this Agreement by the parties to revoke the Agreement (by providing written notice of your revocation to me)Agreement; and (e) this Agreement will not be effective until the eighth (8th) day after you sign this Agreement, provided date upon which the revocation period has expired without your having revoked being exercised (the “Effective Date”), ) and you will not receive the benefits specified by under this Agreement unless and until it becomes effective.

Appears in 1 contract

Samples: Separation Agreement (Idm Pharma, Inc.)

ADEA Waiver. You further acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under ADEA, and . You also acknowledge that the consideration given for the waiver and release in the preceding paragraph to which you are agreeing herein is in addition to anything of value to which you were already entitled. You further acknowledge that you have been are advised by this writing writing, as required by the Older Workers Benefit Protection Act, that: (a) your waiver and release do not apply to any rights or claims that may arise after the date you sign Effective Date of this Agreementrelease; (b) you should consult with an attorney prior to executing this Agreement release (although you may voluntarily choose voluntarily not to do so); (c) you may have at least twenty-one (21) days after the date of your receipt of this Agreement to consider this Agreement (although you may choose to voluntarily by your own choice execute this Agreement release earlier); (d) you have seven (7) days following the date you sign execution of this Agreement release to revoke the Agreement (by providing written notice your release of your revocation to me)ADEA claims; and (e) this Agreement will shall not be effective until the eighth (8th) day after you sign this Agreement, provided date upon which the revocation period has expired without your having revoked expired, therefore making the effective date the eighth day after this release is signed by you (the "Effective Date"), and you will not receive the benefits specified by this Agreement unless and until it becomes effective.

Appears in 1 contract

Samples: Consulting Agreement (Mp3 Com Inc)

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ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under ADEA, and that the consideration given for the waiver and release in the preceding paragraph is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing that: (a) your waiver and release do not apply to any rights or claims that may arise after the execution date you sign of this Agreement; (b) you should consult with an attorney prior to executing this Agreement (although you may choose voluntarily not to do so)Agreement; (c) you have twenty-one (21) days after the date of your receipt of this Agreement to consider this Agreement (although you may choose to voluntarily execute this Agreement earlier); (d) you have seven (7) days following the date you sign execution of this Agreement by the parties to revoke the Agreement (by providing written notice of your revocation to me)Agreement; and (e) this Agreement will not be effective until the eighth (8th) day after you sign this Agreement, provided the revocation period has expired without your having revoked (the “Effective Date”), and you will not receive the benefits specified by this Agreement unless and until it becomes effective.

Appears in 1 contract

Samples: Separation and Consulting Agreement (Aethlon Medical Inc)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving waive and releasing release any rights you may have under ADEA, and the ADEA (defined above). You also acknowledge that the consideration given for the waiver and release your releases in the preceding paragraph this Agreement is in addition to anything of value to which you were already entitled. You further acknowledge that you have been are advised by this writing that: (a) your waiver and release do not apply to any rights or claims that may arise after the date you sign this Agreement; (b) you should consult with an attorney prior to executing this Agreement release (although and you may choose voluntarily not to do have done so); (c) you have twenty-one (21) days after the date of your receipt of this Agreement within which to consider this Agreement release (although you may choose to voluntarily execute this Agreement release earlier); (d) you have seven (7) days following the date you sign execution of this Agreement release to revoke the Agreement (by providing written notice of your revocation to me)this Agreement; and (e) this Agreement will not be effective until the eighth (8th) day after you sign this Agreement, provided the revocation period has expired without your having that you have not earlier revoked this Agreement (the “Effective Date”), and you . You will not be entitled to receive any of the benefits specified by this Agreement unless and until it becomes effective.. Xxxxxxx X. Xxxxx September 18, 2015

Appears in 1 contract

Samples: Separation Agreement (Sequenom Inc)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under ADEA, and that the consideration given for the waiver and release in the preceding paragraph paragraphs is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing that: (a) your waiver and release do not apply to any rights or claims that may arise after the execution date you sign of this Agreement; (b) you should consult with an attorney prior to executing this Agreement (although Agreement, and you may choose voluntarily not to do acknowledge that you have done so); (c) you have twenty-one (21) days after the date of your receipt of this Agreement to consider this Agreement (although you may choose to voluntarily execute this Agreement earlier); (d) you have seven (7) days following the date you sign execution of this Agreement by the parties to revoke the Agreement (by providing written notice of your revocation to me)Agreement; and (e) this Agreement will not be effective until the eighth (8th) day after you sign this Agreement, provided date upon which the revocation period has expired without your you having earlier revoked this Agreement (the “Effective Date”), and you will not receive the benefits specified by this Agreement unless and until it becomes effective.

Appears in 1 contract

Samples: Separation Agreement (Sophiris Bio Inc.)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under ADEA, and that the consideration given for the waiver and release in the preceding paragraph paragraphs is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing that: (a) your waiver and release do not apply to any rights or claims that may arise after the execution date you sign of this Agreement; (b) you should consult with an attorney prior to executing this Agreement (although you may choose voluntarily not to do so)Agreement; (c) you have twenty-one (21) days after the date of your receipt of this Agreement to consider this Agreement (although you may choose to voluntarily execute this Agreement earlier); (d) you have seven (7) days following the date you sign execution of this Agreement by the parties to revoke the Agreement (by providing written notice of your revocation to me)Agreement; and (e) this Agreement will not be effective until the eighth (8th) day after you sign this Agreement, provided date upon which the revocation period has expired without your you having revoked this Agreement (the “Effective Date”), and you will not receive the benefits specified by this Agreement unless and until it becomes effective.

Appears in 1 contract

Samples: Separation Agreement (Ambit Biosciences Corp)

ADEA Waiver. You further acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the Age Discrimination in Employment Act of 1967 ("ADEA, and "). You also acknowledge that the consideration given for the waiver and release in the preceding paragraph hereof is in addition to anything of value to which you were already entitled. You If you are forty (40) years of age or older when this release is signed, you hereby provide the further acknowledge acknowledgment that you have been are advised by this writing writing, as required by the Older Workers Benefit Protection Act, that: (a) your waiver and release do not apply to any rights or claims that may arise after the date you sign Effective Date of this Agreementrelease; (b) you should have the right to consult with an attorney prior to executing this Agreement release (although you may voluntarily choose voluntarily not to do so); (c) you may have twenty-one (21) days after the date of your receipt of this Agreement to consider this Agreement (although you may choose to voluntarily by your own choice execute this Agreement release earlier); (d) you have seven (7) days following the date you sign execution of this Agreement release to revoke the Agreement (by providing written notice of your revocation to me)this release; and (e) this Agreement will shall not be effective until the eighth (8th) day after you sign this Agreement, provided date upon which the revocation period has expired without your having revoked (expired, therefore making the Effective Date”), and you will not receive Date the benefits specified eighth day after this release is signed by this Agreement unless and until it becomes effectiveyou.

Appears in 1 contract

Samples: Settlement Agreement (First Virtual Communications Inc)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving waive and releasing release any rights you may have under ADEA, and the ADEA (defined above). You also acknowledge that the consideration given for the waiver and release your releases in the preceding paragraph this Agreement is in addition to anything of value to which you were already entitled. You further acknowledge that you have been are advised by this writing that: (a) your waiver and release do not apply to any rights or claims that may arise after the date you sign this Agreement; (b) you should consult with an attorney prior to executing this Agreement release (although and you may choose voluntarily not to do have done so); (c) you have twenty-one (21) days after the date of your receipt of this Agreement within which to consider this Agreement release (although you may choose to voluntarily execute this Agreement release earlier); (d) you have seven (7) days following the date you sign execution of this Agreement release to revoke the Agreement (by providing written notice of your revocation to me)this Agreement; and (e) this Agreement will not be effective until the eighth (8th) day after you sign this Agreement, provided the revocation period has expired without your having that you have not earlier revoked this Agreement (the “Effective Date”). Nothing in this Agreement prevents or precludes you from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, and you nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. You will not be entitled to receive any of the benefits specified by this Agreement unless and until it becomes effective.. Xxxxxxx X. Xxxxxx November 9, 2020

Appears in 1 contract

Samples: Separation Agreement (Sientra, Inc.)

ADEA Waiver. You further acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the Age Discrimination in Employment Act of 1967 ("ADEA, and "). You also acknowledge that the consideration given for the waiver and release in the preceding paragraph paragraphs hereof is in addition to anything of value to which you were already entitled. You If you are forty (40) years of age or older when this release is signed, you hereby provide the further acknowledge acknowledgment that you have been are advised by this writing writing, as required by the Older Workers Benefit Protection Act, that: (a) your waiver and release do not apply to any rights or claims that may arise after the date you sign Effective Date of this Agreementrelease; (b) you should have the right to consult with an attorney prior to executing this Agreement release (although you may voluntarily choose voluntarily not to do so); (c) you may have twenty-one (21) days after the date of your receipt of this Agreement to consider this Agreement (although you may choose to voluntarily by your own choice execute this Agreement release earlier); (d) you have seven (7) days following the date you sign execution of this Agreement release to revoke the Agreement (by providing written notice of your revocation to me)this release; and (e) this Agreement will shall not be effective until the eighth (8th) day after you sign this Agreement, provided date upon which the revocation period has expired without your having revoked (expired, therefore making the Effective Date”), and you will not receive Date the benefits specified eighth day after this release is signed by this Agreement unless and until it becomes effectiveyou.

Appears in 1 contract

Samples: Settlement Agreement (First Virtual Communications Inc)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA, and that the consideration given for the waiver and release in the preceding paragraph hereof is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing writing, as required by the ADEA, that: (a) your waiver and release do not apply to any rights or claims that may arise after the date you sign this Agreement; (b) you should have the right to consult with an attorney prior to executing this Agreement (although you may choose voluntarily not to do so)Agreement; (c) you have twenty-one (21) days after the date of your receipt of this Agreement to consider this Agreement (although you may choose to voluntarily execute this Agreement earlier); (d) you have seven (7) days following the date you sign execution of this Agreement by the parties to revoke the Agreement (by providing written notice of your revocation to me)Agreement; and (e) this Agreement will not be effective until the eighth (8th) day after you sign this Agreement, provided date upon which the revocation period has expired without your having revoked expired, which will be the eighth day after this Agreement is executed by you, provided that the Company has also executed this Agreement by that date (the "Effective Date"), and you will not receive the benefits specified by this Agreement unless and until it becomes effective.

Appears in 1 contract

Samples: Separation and Consulting Agreement (Intrabiotics Pharmaceuticals Inc /De)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under ADEAADEA (as defined in the preceding Paragraph), and that the consideration given for the your waiver and release in the preceding paragraph this Agreement is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing that: (a) your waiver and release do does not apply to any rights or claims that may arise after the execution date you sign of this Agreement; (b) you should consult with an attorney prior to executing this Agreement (although you may choose voluntarily not to do so)Agreement; (c) you have twenty-one (21) days after the date of your receipt of this Agreement to consider this Agreement (although you may choose to voluntarily execute this Agreement earlier); (d) you have seven (7) days following the date you sign execution of this Agreement by the parties to revoke the Agreement (by providing written notice of your revocation to me)Agreement; and (e) this Agreement will not be effective until the eighth (8th) day after you sign this Agreement, provided date upon which the revocation period has expired without your having revoked (the “Effective Date”), and you revocation being exercised by you. You will not receive any of the payments or benefits specified by set forth in this Agreement unless and until it the Agreement becomes effective.

Appears in 1 contract

Samples: Retirement Agreement (LyondellBasell Industries N.V.)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under ADEA, the ADEA and that the consideration given for the such waiver and release in the preceding paragraph is in addition to anything of value to which you were are already entitled. You further acknowledge that you have been advised advised, as required by this writing the ADEA, that: (ai) your waiver and release do not apply to any rights or claims that may arise after the date that you sign this Agreement; (bii) you should consult with an attorney prior to executing signing this Agreement (although you may choose voluntarily not to do so); (ciii) you have twenty-one (21) 21 days after the date of your receipt of this Agreement to consider this Agreement (although you may choose voluntarily to voluntarily execute this Agreement sign it earlier); (div) you have seven (7) days following the date you sign this Agreement to revoke the Agreement your acceptance (by providing written notice of your revocation to me); and (ev) this Agreement will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth (8th) day after you sign this Agreement, provided the revocation period has expired without your having revoked (the “Effective Date”), and you will not receive the benefits specified by this Agreement unless and until it becomes effective.

Appears in 1 contract

Samples: Separation Agreement (Adverum Biotechnologies, Inc.)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under ADEA, and that the consideration given for the waiver and release in the preceding paragraph is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing that: (a) your waiver and release do not apply to any rights or claims that may arise after the execution date you sign of this Agreement; (b) you should consult with an attorney prior to executing this Agreement (although you may choose voluntarily not to do so)Agreement; (c) you have twenty-one (21) days after the date of your receipt of this Agreement to consider this Agreement (although you may choose to voluntarily execute this Agreement earlier); (d) you have seven (7) days following the date you sign execution of this Agreement by the parties to revoke the Agreement (by providing written notice of your revocation to me)Agreement; and (e) this Agreement will not be effective until the eighth (8th) day after you sign this Agreement, provided date upon which the revocation period has expired without your having revoked (the “Effective Date”), and you will not receive the benefits specified by this Agreement (other than continuation of your base salary and other current benefits during the Transition Period pursuant to the Company’s normal payroll and benefit practices) unless and until it becomes effective.

Appears in 1 contract

Samples: Separation Agreement (Bellicum Pharmaceuticals, Inc)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under ADEA, and that the consideration given for the waiver and release in the preceding paragraph is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing that: (a) your waiver and release do not apply to any rights or claims that may arise after the execution date you sign of this Agreement; (b) you should consult with an attorney prior to executing this Agreement (although you may choose voluntarily not to do so)Agreement; (c) you have twenty-one (21) 21 days after the date of your receipt of this Agreement to consider this Agreement (although you may choose to voluntarily execute this Agreement earlier); (d) you have seven (7) days following the date you sign execution of this Agreement by the parties to revoke the Agreement (by providing written notice of your revocation to me)Agreement; and (e) this Agreement will not be effective until the eighth (8th) day after you sign this Agreement, provided date upon which the revocation period has expired without your you having previously revoked this Agreement (the “Effective Date”), and you will not receive the benefits specified by this Agreement unless and until it becomes effective.

Appears in 1 contract

Samples: Retirement and Consulting Agreement (Websense Inc)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving waive and releasing release any rights you You may have under ADEA, and the ADEA (defined above). You also acknowledge that the consideration given for the waiver and release Your releases in the preceding paragraph this Agreement is in addition to anything of value to which you You were already entitled. You further acknowledge that you have been are advised by this writing that: (a) your Your waiver and release do not apply to any rights or claims that may arise after the date you You sign this Agreement; (b) you You should consult with an attorney prior to executing this Agreement (although you may choose voluntarily not to do so)Agreement; (c) you You have twenty-twenty one (21) days after the date of your receipt of this Agreement within which to consider this Agreement (although you You may choose to voluntarily execute this Agreement earlier) (the “Consideration Period”); (d) you You have seven (7) days following the date you sign execution of this Agreement to revoke the Agreement (by providing written notice of your revocation to me)this Agreement; and (e) this Agreement will not be effective until the eighth (8th) day after you sign this Agreement, provided the revocation period has expired without your having that You have not earlier revoked this Agreement (the “Effective Date”), and you . You will not be entitled to receive any of the benefits specified by this Agreement unless and until it becomes effective.

Appears in 1 contract

Samples: Settlement Agreement (Sientra, Inc.)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA, and that the consideration given for the waiver and release in the preceding paragraph hereof is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing that: (a) your waiver and release do not apply to any rights or claims that may arise after the date you sign this Agreement; (b) you should consult with an attorney prior to executing signing this Agreement (although you may choose voluntarily not to do so); (c) you have twenty-one (21) days after the date of your receipt of this Agreement to consider this Agreement (although you may choose voluntarily to voluntarily execute sign this Agreement earlier); (d) you have seven (7) days following the date you sign this Agreement to revoke your consent to the Agreement (by providing written notice of your revocation to me); and (e) this Agreement will not be effective until the eighth (8th) day after you sign this Agreement, provided date upon which the revocation period has expired without your having revoked expired, which will be the eighth day after the date you sign this Agreement (the “Effective Date”), and you will not receive the benefits specified by this Agreement unless and until it becomes effective.

Appears in 1 contract

Samples: Separation Agreement (Hana Biosciences Inc)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under ADEA, and the ADEA (“ADEA Waiver”). You also acknowledge that the consideration given for the waiver and release in the preceding paragraph ADEA Waiver is in addition to anything of value to which you were already entitled. You further acknowledge that you have been are advised by this writing writing, as required by the ADEA, that: (a) your waiver and release do not apply to any rights or claims that may arise after the date you sign this Agreement; (b) you should consult with an attorney prior to executing this Agreement (although you may choose voluntarily not to do so)release; (c) you have twenty-one (21) days after the date of your receipt of this Agreement within which to consider this Agreement release (although you may choose to voluntarily execute this Agreement release earlier); (d) you have seven (7) days following the date you sign execution of this Agreement release to revoke the Agreement (by providing written notice of your revocation to me)this Agreement; and (e) this Agreement will not be effective until the eighth (8th) day after you sign this Agreement, provided the revocation period has expired without your having that you have not earlier revoked this Agreement (the “Effective Date”), and you . You will not be entitled to receive any of the benefits specified by this Agreement unless and until it becomes effective.

Appears in 1 contract

Samples: Separation Agreement (Hot Topic Inc /Ca/)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving waive and releasing release any rights you may have under ADEA, and the ADEA (defined above). You also acknowledge that the consideration given for the waiver and release your releases in the preceding paragraph this Agreement is in addition to anything of value to which you were already entitled. You further acknowledge that you have been are advised by this writing that: (a) your waiver and release do not apply to any rights or claims that may arise after the date you sign this Agreement; (b) you should consult with an attorney prior to executing this Agreement release (although and you may choose voluntarily not to do have done so); (c) you have twenty-one (21) days after the date of your receipt of this Agreement within which to consider this Agreement release (although you may choose to voluntarily execute this Agreement release earlier); (d) you have seven (7) days following the date you sign execution of this Agreement release to revoke the Agreement (by providing written notice of your revocation to me)this Agreement; and (e) this Agreement will not be effective until the eighth (8th) day after you sign this Agreement, provided the revocation period has expired without your having that you have not earlier revoked this Agreement (the “Effective Date”), and you . You will not be entitled to receive any of the benefits specified by this Agreement unless and until it becomes effective.. Xxxxxxx X. Xxxxxx 2015

Appears in 1 contract

Samples: Employment Agreement (Sientra, Inc.)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and ----------- releasing any rights you may have under the ADEA, and . You also acknowledge that the consideration given for the waiver and release in the preceding paragraph hereof is in addition to anything of value to which you were are already entitled. You further acknowledge that you have been advised hereby advised, as required by this writing the ADEA, that: (a) your waiver and release do not apply to any rights or claims that may arise after the execution date you sign of this Agreement; (b) you should consult with an attorney prior to executing this Agreement (although you may choose voluntarily not to do so)Agreement; (c) you have twenty-one (21) days after the date of your receipt of this Agreement to consider this Agreement (although you may choose to voluntarily execute this Agreement earlier); (d) you have seven (7) days following the date you sign execution of this Agreement by the parties to revoke the Agreement (by providing written notice of your revocation to me)Agreement; and (e) this Agreement will not be effective until the eighth (8th) day after you sign this Agreement, provided date upon which the revocation period has expired without your having revoked expired, which will be the eighth day after this Agreement is executed by you (the "Effective Date"), and you will not receive the benefits specified by this Agreement unless and until it becomes effective.

Appears in 1 contract

Samples: Separation Agreement (Asyst Technologies Inc /Ca/)

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