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 the ADEA (“ADEA Waiver”). You also acknowledge that the consideration given for the ADEA Waiver is in addition to anything of value to which you were already entitled. You are advised by this writing, as required by the ADEA, that: (a) this release does not apply to any claims that may arise after you sign this Separation Agreement; (b) you should consult with an attorney prior to executing this release; (c) you have twenty-one (21) days within which to consider this release (although you may choose to voluntarily execute the Separation Agreement earlier); (d) you have seven (7) days following the execution of this release to revoke this Separation Agreement (in a written revocation directed to me); and (e) this Separation Agreement will not be effective until the eighth day after you sign this Separation Agreement, provided that you have not earlier revoked this Separation Agreement. You will not be entitled to receive any of the benefits specified by this Separation Agreement unless and until it becomes effective.

Appears in 3 contracts

Samples: Separation Agreement (Ambit Biosciences Corp), Separation Agreement (Ambit Biosciences Corp), Separation Agreement (Ambit Biosciences Corp)

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ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (the “ADEA Waiver”). You also acknowledge , and that the consideration given for the this ADEA Waiver is in addition to anything of value to which you were are already entitled. You are advised by this writingfurther acknowledge that you have been advised, as required by the ADEA, that: (ai) this release your ADEA Waiver does not apply to any rights or claims that may arise after the date that you sign this Separation Agreement; (bii) you should consult with an attorney prior to executing signing this releaseAgreement (although you may choose voluntarily not to do so); (ciii) you have twenty-one (21) days within which to consider this release Agreement (although you may choose voluntarily to voluntarily execute the Separation Agreement sign it earlier); (div) you have seven (7) days following the execution of date you sign this release Agreement to revoke this Separation Agreement the ADEA Waiver (in a by providing written notice of your revocation directed to me)the Company; and (ev) this Separation Agreement ADEA Waiver will not be effective until the date upon which the revocation period has expired, which will be the eighth day after the date that this Agreement is signed by you sign this Separation Agreement, provided that you have do not earlier revoked this Separation Agreementrevoke it (the “Effective Date’). You will not be entitled to receive any of further acknowledge that the benefits specified by this Separation Agreement unless and until it becomes effectiveEmployer has provided you with the ADEA Disclosure information (under Title 29 USC Section 626(f)(1)(H)).

Appears in 3 contracts

Samples: Separation Agreement (Element Solutions Inc), Separation Agreement (Element Solutions Inc), Severance Agreement (Element Solutions Inc)

ADEA Waiver. You hereby acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”). You also acknowledge ADEA, and that the consideration given for the ADEA Waiver waiver and release you have given in this Agreement is in addition to anything of value to which you were already entitled. You are further acknowledge that you have been advised by this writing, as required by the ADEA, that: (a) this your waiver and release does do not apply to any rights or claims that may arise after the date you sign this Separation Agreement; (b) you should consult with an attorney prior to executing signing this releaseAgreement (although you may voluntarily decide not to do so); (c) you have twenty-one (21) days within which to consider this release Agreement (although you may choose voluntarily to voluntarily execute the Separation sign this Agreement earliersooner); (d) you have seven (7) days following the execution of date you sign this release Agreement to revoke this Separation Agreement (in a written revocation directed sent to meand received by the Company’s Human Resource Director); and (e) this Separation Agreement will not be effective until the date upon which the revocation period has expired, which will be the eighth day after you sign this Separation Agreement, provided that you have not earlier revoked this Separation Agreement. You will not be entitled to receive any of Agreement (the benefits specified by this Separation Agreement unless and until it becomes effective“Effective Date”).

Appears in 3 contracts

Samples: Separation Agreement (Silicon Graphics International Corp), Separation Agreement (Silicon Graphics International Corp), Separation Agreement (Rackable Systems, Inc.)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”). You also acknowledge that the consideration given for the ADEA Waiver is in addition to anything of value to which you were already entitled. You are further acknowledge that you have been advised by this writing, as required by the ADEA, that: (a) this release your ADEA Waiver does not apply to any rights or claims that may arise after the date you sign this Separation Agreement; (b) you should consult with an attorney prior to executing signing this releaseAgreement; (c) you have twenty-one (21) days within which to consider this release Agreement (although you may choose to voluntarily execute the Separation Agreement earliersign it sooner); (d) you have seven (7) days following the execution of date you sign this release Agreement to revoke this Separation Agreement the ADEA Waiver (in a written revocation directed sent to me); and (e) this Separation Agreement the ADEA Waiver will not be effective until the date upon which the revocation period has expired, which will be the eighth day after you sign this Separation Agreement, provided that you have not earlier revoked this Separation AgreementAgreement (the “Effective Date”). You will not be entitled to receive any of the benefits specified provided by this Separation Agreement unless and until it becomes effective.

Appears in 2 contracts

Samples: Separation Agreement (Acadia Pharmaceuticals Inc), Separation Agreement (Acadia Pharmaceuticals Inc)

ADEA Waiver. You further acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA Age Discrimination in Employment Act of 1967 (“ADEA WaiverADEA”). You also acknowledge that the consideration given for the ADEA Waiver waiver and release in the preceding 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 acknowledgment that you are advised by this writing, as required by the ADEAOlder Workers Benefit Protection Act, that: (a) this your waiver and release does do not apply to any rights or claims that may arise after you sign the Effective Date of this Separation Agreementrelease; (b) you should are advised to consult with an attorney prior to executing this release; (c) you may have twenty-one (21) days within which to consider this release Agreement (although you may choose to voluntarily by your own choice execute the Separation Agreement this release earlier); (d) you have seven (7) days following the execution of this release to revoke this Separation Agreement (in a written revocation directed to me)release; and (e) this Separation Agreement will shall not be effective until the eighth day after you sign this Separation Agreement, date upon which the revocation period has expired provided that you have not earlier revoked this Separation Agreement. You will not be entitled to receive any of (the benefits specified by this Separation Agreement unless and until it becomes effective“Effective Date”).

Appears in 2 contracts

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

ADEA Waiver. You hereby acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”). You also acknowledge ADEA, and that the consideration given for the ADEA Waiver waiver and release you have given in this Agreement is in addition to anything of value to which you were already entitled. You are further acknowledge that you have been advised by this writing, as required by the ADEA, that: (a) this your waiver and release does do not apply to any rights or claims that may arise after the date you sign this Separation Agreement; (b) you should consult with an attorney prior to executing signing this releaseAgreement (although you may voluntarily decide not to do so); (c) you have twenty-one (21) days within which to consider this release Agreement (although you may choose voluntarily to voluntarily execute the Separation sign this Agreement earliersooner); (d) you have seven (7) days following the execution of date you sign this release Agreement to revoke this Separation Agreement (in a written revocation directed sent to meand received by the Company's Human Resource Director); and (e) this Separation Agreement will not be effective until the date upon which the revocation period has expired, which will be the eighth day after you sign this Separation Agreement, provided that you have not earlier revoked this Separation Agreement. You will not be entitled to receive any of Agreement (the benefits specified by this Separation Agreement unless and until it becomes effective“Effective Date”).

Appears in 2 contracts

Samples: Separation Agreement (Silicon Graphics International Corp), Separation Agreement (Silicon Graphics International Corp)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”). You also acknowledge ADEA, and that the consideration given for the ADEA Waiver waiver and release in the preceding Section is in addition to anything of value to which you were already entitled. You are further acknowledge that you have been advised by this writing, as required by the ADEA, writing that: (a) this your waiver and release does do not apply to any rights or claims that may arise after you sign the execution date of this Separation Agreement; (b) you should consult with an attorney prior to executing this releaseAgreement; (c) you have twenty-one (21) days within which to consider this release Agreement (although you may choose to voluntarily execute the Separation this Agreement earlier); (d) you have seven (7) days following the execution of this release Agreement by the parties to revoke this Separation Agreement (in a written revocation directed to me)the Agreement; and (e) this Separation Agreement will not be effective until the eighth day after you sign this Separation Agreement, provided that you have not earlier revoked this Separation Agreementdate upon which the revocation period has expired without revocation being exercised (the “Effective Date”). You will not be entitled to receive any of the payments or benefits specified by set forth in this Separation 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 further acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA Age Discrimination in Employment Act of 1967 (“ADEA WaiverADEA”). You also acknowledge that the consideration given for the ADEA Waiver waiver and release in the preceding 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 acknowledgment that you are advised by this writing, as required by the ADEAOlder Workers Benefit Protection Act, that: (a) this your waiver and release does do not apply to any rights or claims that may arise after you sign the Effective Date of this Separation Agreementrelease; (b) you should have the right to consult with an attorney prior to executing this releaserelease (although you may voluntarily choose not to do so); (c) you may have at least twenty-one (21) days within which to consider this release Agreement (although you may choose to voluntarily by your own choice execute the Separation Agreement this release earlier); (d) you have seven (7) days following the execution of this release to revoke this Separation Agreement (in a written revocation directed to me)release; and (e) this Separation Agreement will shall not be effective until the date upon which the revocation period has expired, therefore making the effective date the eighth day after this release is signed by you sign this Separation Agreement, provided that you have not earlier revoked this Separation Agreement. You will not be entitled to receive any of (the benefits specified by this Separation Agreement unless and until it becomes effective“Effective Date”).

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 (the “ADEA Waiver”). You also acknowledge , and that the consideration given for the ADEA Waiver is in addition to anything of value to which you were are already entitled. You are advised by this writingfurther acknowledge that you have been advised, as required by the ADEA, that: (ai) this release your ADEA Waiver does not apply to any rights or claims that may arise after the date that you sign this Separation Agreement; (bii) you should consult with an attorney prior to executing signing this releaseAgreement (although you may choose voluntarily not to do so); (ciii) you have twenty-one (21) days within which to consider this release Agreement (although you may choose voluntarily to voluntarily execute the Separation Agreement sign it earlier); (div) you have seven (7) days following the execution of date you sign this release Agreement to revoke this Separation Agreement the ADEA Waiver (in a by providing written notice of your revocation directed to methe Company’s CEO); and (ev) this Separation Agreement the ADEA Waiver will not be effective until the date upon which the revocation period has expired, which will be the eighth day after the date that this Agreement is signed by you sign this Separation Agreement, provided that you have do not earlier revoked this Separation Agreement. You will not be entitled to receive any of the benefits specified by this Separation Agreement unless and until it becomes effectiverevoke it.

Appears in 2 contracts

Samples: Transition Agreement (Neophotonics Corp), Separation Agreement (Enphase Energy, Inc.)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving waive and releasing release any rights you may have under the ADEA (“ADEA Waiver”defined above). You also acknowledge that the consideration given for the ADEA Waiver your releases in this Agreement is in addition to anything of value to which you were already entitled. You are advised by this writing, as required by the ADEA, writing that: (a) this your waiver and release does do not apply to any claims that may arise after you sign this Separation Agreement; (b) you should consult with an attorney prior to executing this releaserelease (and you have done so); (c) you have twenty-one (21) days within which to consider this release (although you may choose to voluntarily execute the Separation Agreement this release earlier); (d) you have seven (7) days following the execution of this release to revoke this Separation Agreement (in a written revocation directed to me)Agreement; and (e) this Separation Agreement will not be effective until the eighth day after you sign this Separation [ ] [DATE] Agreement, provided that you have not earlier revoked this Separation AgreementAgreement (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, 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 Separation 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 (“ADEA Waiver”). You also acknowledge that the consideration given for the ADEA Waiver is in addition to anything of value to which you were already entitled. You are further acknowledge that you have been advised by this writing, as required by the ADEA, that: (a) this release your ADEA Waiver does not apply to any rights or claims that may arise after the date you sign this Separation Agreement; (b) you should consult with an attorney prior to executing signing this releaseAgreement; (c) you have twenty-one (21) days within which to consider this release Agreement (although you may choose to voluntarily execute the Separation Agreement earliersign it sooner); (d) you have seven (7) days following the execution of date you sign this release Agreement to revoke this Separation Agreement the ADEA Waiver, with such revocation to be effective only if you deliver written notice of revocation to the Company within the seven (in a written revocation directed to me)7)-day period; and (e) this Separation Agreement the ADEA Waiver will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth day after you sign this Separation Agreement, provided that you have not earlier revoked this Separation Agreement. You will not be entitled to receive any of the benefits specified by this Separation Agreement unless and until it becomes effective(“Effective Date”).

Appears in 2 contracts

Samples: Resignation Agreement (CymaBay Therapeutics, Inc.), Resignation Agreement (CymaBay Therapeutics, Inc.)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”). You also acknowledge that the consideration given for the ADEA Waiver is in addition to anything of value to which you were already entitled. You are further acknowledge that you have been advised by this writing, as required by the ADEA, that: (ai) this release your ADEA Waiver does not apply to any rights or claims that may arise after the date you sign this Separation Agreement; (bii) you should consult with an attorney prior to executing signing this releaseAgreement (although you may choose voluntarily not to do so); (ciii) you have twenty-one (21) days within which to consider this release Agreement (although you may choose to voluntarily execute the Separation Agreement earliersign it sooner); (div) you have seven (7) days following the execution of date you sign this release Agreement to revoke this Separation Agreement it, with such revocation to be effective only if you deliver written notice of revocation to the Company within the seven (in a written revocation directed to me)7)-day period; and (ev) this Separation Agreement the ADEA Waiver will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth day after you sign this Separation AgreementAgreement (“Effective Date”). Nevertheless, provided that you have your general release of claims, except for the ADEA Waiver, is effective immediately, and not earlier revoked this Separation Agreement. You will not be entitled to receive any of the benefits specified by this Separation Agreement unless and until it becomes effectiverevocable.

Appears in 2 contracts

Samples: Separation and Consulting Agreement (Amag Pharmaceuticals Inc.), Separation and Consulting Agreement (Amag Pharmaceuticals Inc.)

ADEA Waiver. You further acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA Age Discrimination in Employment Act of 1967 (“ADEA Waiver”"ADEA"). You also acknowledge that the consideration given for the ADEA Waiver waiver and release in the preceding 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 acknowledgment that you are advised by this writing, as required by the ADEAOlder Workers Benefit Protection Act, that: (a) this your waiver and release does do not apply to any rights or claims that may arise after you sign the Effective Date of this Separation Agreementrelease; (b) you should have the right to consult with an attorney prior to executing this releaserelease (although you may voluntarily choose not to do so); (c) you may have twenty-one (21) days within which to consider this release Agreement (although you may choose to voluntarily by your own choice execute the Separation Agreement this release earlier); (d) you have seven (7) days following the execution of this release to revoke this Separation Agreement (in a written revocation directed to me)release; and (e) this Separation Agreement will shall not be effective until the date upon which the revocation period has expired, therefore making the Effective Date the eighth day after you sign this Separation Agreement, provided that you have not earlier revoked this Separation Agreement. You will not be entitled to receive any of the benefits specified release is signed by this Separation Agreement unless and until it becomes effectiveyou.

Appears in 1 contract

Samples: Settlement Agreement (First Virtual Communications Inc)

ADEA Waiver. You hereby acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”). You also acknowledge ADEA, and that the consideration given for the ADEA Waiver waiver and release you have given in this Agreement is in addition to anything of value to which you were already entitled. You are further acknowledge that you have been advised by this writing, as required by the ADEA, that: (a) this your waiver and release does do not apply to any rights or claims that may arise after the date you sign this Separation Agreement; (b) you should consult with an attorney prior to executing signing this releaseAgreement (although you may voluntarily decide not to do so); (c) you have twenty-one (21) days within which to consider this release Agreement (although you may choose voluntarily to voluntarily execute the Separation sign this Agreement earliersooner); (d) you have seven (7) days following the execution of date you sign this release Agreement to revoke this Separation Agreement (in a written revocation directed sent to meand received by the Company’s Director of Human Resources); and (e) this Separation Agreement will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth day after you sign this Separation Agreement, Agreement provided that you have do not earlier revoked this Separation Agreement. You will not be entitled to receive any of revoke it (the benefits specified by this Separation Agreement unless and until it becomes effective“Effective Date”).

Appears in 1 contract

Samples: Severance Agreement (Orexigen Therapeutics, Inc.)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”). You also acknowledge that the consideration given for the ADEA Waiver is in addition to anything of value to which you were already entitled. You are advised by this writing, as required by the ADEA, that: (a) this release does not apply to any claims that may arise after you sign this Separation Agreement; (b) you should consult with an attorney prior to executing this release; (c) you have twenty-one (21) days within which to consider this release (although you may choose to voluntarily execute the Separation Agreement earlier); (d) you have seven (7) days following the execution of this release to revoke this Separation Agreement (in a written revocation directed to me); and (e) this Separation Agreement will not be effective until the eighth day after you sign this Separation Agreement, provided that you have not earlier revoked this Separation Agreement. You will not be entitled to receive any of the benefits specified by this Separation 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 (“ADEA Waiver”). You also acknowledge that the consideration given for the ADEA Waiver is in addition to anything of value to which you were already entitled. You are advised by this writing, as required by the ADEA, that: (a) this your waiver and release does do not apply to any claims that may arise after you sign this Separation Agreement; (b) you should consult with an attorney prior to executing this release; (c) you have twenty-one (21) 21 days within which to consider this release (although you may choose to voluntarily execute the Separation Agreement this release earlier); (d) you have seven (7) 7 days following the execution of this release to revoke this Separation Agreement (in a written revocation directed to me); and (e) this Separation Agreement will not be effective until the eighth day after you sign this Separation Agreement, provided that you have not earlier revoked this Separation AgreementAgreement (the “Effective Date”). You will not be entitled to receive any of the benefits specified by this Separation Agreement unless and until it becomes effective.

Appears in 1 contract

Samples: Separation and Transition Agreement (Neurocrine Biosciences Inc)

ADEA Waiver. You hereby acknowledge that you are knowingly and voluntarily waiving and releasing any rights all rights, if any, you may have under the ADEA (“ADEA Waiver”). You also acknowledge and that the consideration given for the ADEA Waiver waiver and release in the preceding paragraph is in addition to anything of value to which you were already entitled. You are further acknowledge that you have been advised by this writing, as required by the ADEA, that: (a) this your waiver and release does do not apply to any rights or claims that may arise after the date that you sign this Separation Agreement; (b) you should consult with an attorney prior to executing signing this releaseAgreement (although you may decide voluntarily not to do so); (c) you have twenty-one (21) days within which to consider this release Agreement (although you may choose voluntarily to voluntarily execute the Separation sign this Agreement earlier); (d) you have seven (7) days following the execution your signing of this release Agreement to revoke this Separation Agreement (in by a written revocation directed to mereceived by the CEO); and (e) this Separation Agreement will not be effective until the eighth day after this Agreement has been signed both by you sign this Separation Agreement, provided that you have not earlier revoked this Separation Agreement. You will not be entitled to receive any and by a duly authorized officer of the benefits specified by this Separation Agreement unless and until it becomes effectiveCompany (the “Effective Date”).

Appears in 1 contract

Samples: Transition Agreement (Sumtotal Systems Inc)

ADEA Waiver. You further acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA Age Discrimination in Employment Act of 1967 (“ADEA Waiver”"ADEA"). You also acknowledge that the consideration given for the ADEA Waiver 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 acknowledgment that you are advised by this writing, as required by the ADEAOlder Workers Benefit Protection Act, that: (a) this your waiver and release does do not apply to any rights or claims that may arise after you sign the Effective Date of this Separation Agreementrelease; (b) you should have the right to consult with an attorney prior to executing this releaserelease (although you may voluntarily choose not to do so); (c) you may have twenty-one (21) days within which to consider this release Agreement (although you may choose to voluntarily by your own choice execute the Separation Agreement this release earlier); (d) you have seven (7) days following the execution of this release to revoke this Separation Agreement (in a written revocation directed to me)release; and (e) this Separation Agreement will shall not be effective until the date upon which the revocation period has expired, therefore making the Effective Date the eighth day after you sign this Separation Agreement, provided that you have not earlier revoked this Separation Agreement. You will not be entitled to receive any of the benefits specified release is signed by this Separation 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 (“ADEA Waiver”). You also acknowledge that the consideration given for the ADEA Waiver is in addition to anything of value to which you were already entitled. You are advised by this writing, as required by the ADEA, that: (a) this your waiver and release does do not apply to any claims that may arise after you sign this Separation Agreement; (b) you should consult with an attorney prior to executing this release; (c) you have twenty-one (21) days within which to consider this release (although you may choose to voluntarily execute the Separation Agreement this release earlier); (d) you have seven (7) days following the execution of this release to revoke this Separation Agreement (in a written revocation directed to me)Agreement; and (e) this Separation Agreement will not be effective until the eighth day after you sign this Separation Agreement, provided that you have not earlier revoked this Separation AgreementAgreement (the “Effective Date”). You will not be entitled to receive any of the benefits specified by this Separation 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 and releasing any rights you may have under the ADEA (the “ADEA Waiver”). You also acknowledge , and that the consideration given for the ADEA Waiver is in addition to anything of value to which you were are already entitled. You are advised by this writingfurther acknowledge that you have been advised, as required by the ADEA, that: (ai) this release your ADEA Waiver does not apply to any rights or claims that may arise after the date that you sign this Separation Agreement; (bii) you should consult with an attorney prior to executing signing this releaseAgreement (although you may choose voluntarily not to do so); (ciii) you have twenty-one (21) days within which to consider this release Agreement (although you may choose voluntarily to voluntarily execute the Separation Agreement sign it earlier); (div) you have seven (7) days following the execution of date you sign this release Agreement to revoke this Separation Agreement the ADEA Waiver (in a by providing written notice of your revocation directed to meXxxx Xxxxx, General Counsel); and (ev) this Separation Agreement will not be effective until the date upon which the revocation period has expired, which will be the eighth day after the date that this Agreement is signed by you sign this Separation Agreement, provided that you have do not earlier revoked this Separation Agreement. You will not be entitled to receive any of revoke it (the benefits specified by this Separation Agreement unless and until it becomes effective“Effective Date”).

Appears in 1 contract

Samples: Separation Agreement (ServiceNow, Inc.)

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ADEA Waiver. You acknowledge that that, in exchange for the Company's agreement to pay you the Severance Benefits if you comply with the conditions specified in Section 4.1 above, you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA ("ADEA Waiver"). You also acknowledge that the consideration given for the ADEA Waiver is in addition to anything of value to which you were already entitled. You are advised by this writing, as required by the ADEA, that: (a) this release Release does not apply to any claims that may arise after you sign this Separation Agreement; (b) you should consult with an attorney prior to executing this releaseRelease; (c) you have twenty-one (21) days within which to consider this release Release (although you may choose to voluntarily execute the Separation Agreement this Release earlier); (d) you have seven (7) days following the execution of this release Release to revoke this Separation Agreement (in a written revocation directed to me)the Release; and (e) this Separation Agreement Release will not be effective until the eighth day after you sign this Separation Agreementit, provided that you have not earlier revoked this Separation AgreementRelease (the "Effective Date"). Your allowing this Release to become effective is a condition precedent to you receiving any of the Severance Benefits. You understand and agree that all of the provisions of this Agreement other than the Release contained in Sections 4.2, 4.3, and 4.4 herein will become immediately effective and irrevocable as of the date you sign this Agreement, and will not be entitled to receive any of the benefits specified by affected if you revoke this Separation Agreement unless and until it becomes effectiveRelease.

Appears in 1 contract

Samples: Separation Agreement (Cardionet Inc)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA federal Age Discrimination in Employment Act of 1967, as amended (“ADEA WaiverADEA”). You also acknowledge that the consideration given for the ADEA Waiver waiver and release in the preceding paragraph hereof is in addition to anything of value to which you were already entitled. You are further acknowledge that you have been advised by this writing, as required by the ADEA, that: (a) this your waiver and release does do not apply to any rights or claims that may arise after the date you sign this Separation Agreement; (b) you should have been advised hereby that you have the right to consult with an attorney prior to executing this releaseAgreement; (c) you have twenty-one (21) days within which to consider this release Agreement (although you may choose to voluntarily execute the Separation this Agreement earlier); (d) you have seven (7) days following the your execution of this release Agreement to revoke this Separation the Agreement (in a written revocation directed to mewriting); and (e) this Separation Agreement will not be effective until after the date upon which the revocation period has expired, which will be the eighth day after you sign this Separation AgreementAgreement is executed by you, provided that you have not earlier revoked the Company has also executed this Separation Agreement. You will not be entitled to receive any of the benefits specified Agreement by this Separation Agreement unless and until it becomes effectivethat date.

Appears in 1 contract

Samples: Employment Agreement (Pharsight Corp)

ADEA Waiver. You further acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA Age Discrimination in Employment Act of 1967 (“ADEA Waiver”"ADEA"). You also acknowledge that the consideration given for the ADEA Waiver waiver and release in the preceding 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 acknowledgment that you are advised by this writing, as required by the ADEAOlder Workers Benefit Protection Act, that: (a) this your waiver and release does do not apply to any rights or claims that may arise after you sign the Effective Date of this Separation Agreementrelease; (b) you should have the right to consult with an attorney prior to executing this releaserelease (although you may voluntarily choose not to do so); (c) you may have at least twenty-one (21) days within which to consider this release Agreement (although you may choose to voluntarily by your own choice execute the Separation Agreement this release earlier); (d) you have seven (7) days following the execution of this release to revoke this Separation Agreement (in a written revocation directed to me)release; and (e) this Separation Agreement will shall not be effective until the date upon which the revocation period has expired, therefore making the effective date the eighth day after this release is signed by you sign this Separation Agreement, provided that you have not earlier revoked this Separation Agreement. You will not be entitled to receive any of (the benefits specified by this Separation Agreement unless and until it becomes effective"Effective Date").

Appears in 1 contract

Samples: Separation Agreement (Genetronics Biomedical LTD)

ADEA Waiver. You further acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”)ADEA. You also acknowledge that the consideration given for the ADEA Waiver waiver and release to which you are agreeing herein is in addition to anything of value to which you were already entitled. You acknowledge that you are advised by this writing, as required by the ADEAOlder Workers Benefit Protection Act, that: (a) this your waiver and release does do not apply to any rights or claims that may arise after you sign the Effective Date of this Separation Agreementrelease; (b) you should consult with an attorney prior to executing this releaserelease (although you may voluntarily choose not to do so); (c) you may have at least twenty-one (21) days within which to consider this release Agreement (although you may choose to voluntarily by your own choice execute the Separation Agreement this release earlier); (d) you have seven (7) days following the execution of this release to revoke this Separation Agreement (in a written revocation directed to me)your release of ADEA claims; and (e) this Separation Agreement will shall not be effective until the date upon which the revocation period has expired, therefore making the effective date the eighth day after this release is signed by you sign this Separation Agreement, provided that you have not earlier revoked this Separation Agreement. You will not be entitled to receive any of (the benefits specified by this Separation Agreement unless and until it becomes effective"Effective Date").

Appears in 1 contract

Samples: Consulting Agreement (Mp3 Com Inc)

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

Appears in 1 contract

Samples: Separation and Release Agreement (TigerLogic CORP)

ADEA Waiver. You further acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA Age Discrimination in Employment Act of 1967 (“ADEA WaiverADEA”). You also acknowledge that the consideration given for the ADEA Waiver waiver and release in the preceding 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 acknowledgment that you are advised by this writing, as required by the ADEAOlder Workers Benefit Protection Act, that: (a) this your waiver and release does do not apply to any rights or claims that may arise after you sign the Effective Date of this Separation Agreementrelease; (b) you should are advised to consult with an attorney prior to executing this release; (c) you may have twenty-one (21) days within which to consider this release Agreement (although you may choose to voluntarily by your own choice execute the Separation Agreement this release earlier); (d) you have seven (7) days following the execution of this release to revoke this Separation Agreement (in a written revocation directed to me)release; and (e) this Separation Agreement will shall not be effective until the date upon which the revocation period has expired, therefore making the effective date the eighth day after this release is signed by you sign this Separation Agreement, provided that you have not earlier revoked this Separation Agreement. You will not be entitled to receive any of (the benefits specified by this Separation Agreement unless and until it becomes effective“Effective Date”).

Appears in 1 contract

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

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (ADEA Waiver”). You also acknowledge , and that the consideration given for the ADEA Waiver waiver and release in this Section is in addition to anything of value to which you were are already entitled. You are advised by this writingfurther acknowledge that you have been advised, as required by the ADEA, that: (ai) this your waiver and release does do not apply to any rights or claims that may arise after the date that you sign this Separation Agreement; (bii) you should consult with an attorney prior to executing signing this releaseAgreement (although you may choose voluntarily not to do so); (ciii) you have twenty-one (21) days within which to consider this release Agreement (although you may choose voluntarily to voluntarily execute the Separation Agreement sign it earlier); (div) you have seven (7) days following the execution of date you sign this release Agreement to revoke this Separation Agreement the ADEA Waiver (in a by providing written notice of your revocation directed to me); and (ev) this Separation Agreement the ADEA Waiver will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth day after you sign this Separation Agreement, provided that you have not earlier revoked this Separation Agreement. You will not be entitled to receive any of the benefits specified by this Separation Agreement unless and until it becomes effective(“Effective Date”).

Appears in 1 contract

Samples: Separation and Consulting Agreement (RAPT Therapeutics, Inc.)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”). You also acknowledge that the consideration given for the ADEA Waiver is in addition to anything of value to which you were already entitled. You are advised by this writing, as required by the ADEA, that: (a) this your waiver and release does do not apply to any claims that may arise after you sign this Separation Agreement; (b) you should consult with an attorney prior to executing this release; (c) you have twenty-one (21) days within which to consider this release (although you may choose to voluntarily execute the Separation Agreement this release earlier); (d) you have seven (7) days following the execution of this release to revoke this Separation Agreement (in a written revocation directed sent to me); and (e) this Separation Agreement will not be effective until the eighth day after you sign this Separation Agreement, provided that you have not earlier revoked this Separation AgreementAgreement (the “Effective Date”). You will not be entitled to receive any of the benefits specified by this Separation Agreement unless and until it becomes effective.

Appears in 1 contract

Samples: Separation and Consulting Agreement (Optimer Pharmaceuticals Inc)

ADEA Waiver. You hereby acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”). You also acknowledge and that the consideration given for the ADEA Waiver waiver and release in the preceding paragraph is in addition to anything of value to which you were already entitled. You are further acknowledge that you have been advised by this writing, as required by the ADEA, that: (a) this your waiver and release does do not apply to any rights or claims that may arise after the date that you sign this Separation Agreement; (b) you should consult with an attorney prior to executing signing this releaseAgreement (although you may decide voluntarily not to do so); (c) you have twenty-one (21) days within which to consider this release Agreement (although you may choose voluntarily to voluntarily execute the Separation sign this Agreement earlier); (d) you have seven (7) days following the execution your signing of this release Agreement to revoke this Separation Agreement (in a written revocation directed sent to methe CEO); and (e) this Separation Agreement will not be effective until the eighth day after this Agreement has been signed both by you sign this Separation Agreementand by me, provided that you have do not earlier revoked this Separation Agreement. You will not be entitled to receive any of revoke it (the benefits specified by this Separation Agreement unless and until it becomes effective“Effective Date”).

Appears in 1 contract

Samples: Transition and Resignation Agreement (Reliant Technologies Inc)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving waive and releasing release any rights you may have under the ADEA (“ADEA Waiver”defined above). You also acknowledge that the consideration given for the ADEA Waiver your releases in this Agreement is in addition to anything of value to which you were already entitled. You are advised by this writing, as required by the ADEA, writing that: (a) this your waiver and release does do not apply to any claims that may arise after you sign this Separation Agreement; (b) you should consult with an attorney prior to executing this releaserelease (and you have done so); (c) you have twenty-one (21) days within which to consider this release (although you may choose to voluntarily execute the Separation Agreement this release earlier); (d) you have seven (7) days following the execution of this release to revoke this Separation Agreement (in a written revocation directed to me)Agreement; and (e) this Separation Agreement will not be effective until the eighth day after you sign this Separation Agreement, provided that you have not earlier revoked this Separation AgreementAgreement (the “Effective Date”). You will not be entitled to receive any of the benefits specified by this Separation 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 (“ADEA Waiver”). You also acknowledge that the consideration given for the ADEA Waiver is in addition to anything of value to which you were already entitled. You are advised by this writing, as required by the ADEA, that: (a) this your waiver and release does do not apply to any claims that may arise after you sign this Separation Agreement; (b) you should consult with an attorney prior to executing this release; (c) you have twenty-one (21) days within which to consider this release (although you may choose to voluntarily execute the Separation Agreement this release earlier); (d) you have seven (7) days following the execution of this release to revoke this Separation Agreement (in a written revocation directed sent to me); and (e) this Separation Agreement will not be effective until the eighth day after you sign this Separation Agreement, provided that you have not earlier revoked this Separation AgreementAgreement (the “Effective Date”). You will not be entitled to receive any of the benefits specified by this Separation Agreement unless and until it becomes effective.. Xxxxx X. Xxxxx July 29, 2010

Appears in 1 contract

Samples: Separation Agreement (diaDexus, Inc.)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving waive and releasing release any rights you You may have under the ADEA (“ADEA Waiver”defined above). You also acknowledge that the consideration given for the ADEA Waiver Your releases in this Agreement is in addition to anything of value to which you You were already entitled. You are advised by this writing, as required by the ADEA, writing that: (a) this Your waiver and release does do not apply to any claims that may arise after you You sign this Separation Agreement; (b) you You should consult with an attorney prior to executing this releaseAgreement; (c) you You have twenty-twenty one (21) days within which to consider this release Agreement (although you You may choose to voluntarily execute the Separation this Agreement earlier) (the “Consideration Period”); (d) you You have seven (7) days following the execution of this release Agreement to revoke this Separation Agreement (in a written revocation directed to me)Agreement; and (e) this Separation Agreement will not be effective until the eighth day after you sign this Separation Agreement, provided that you You have not earlier revoked this Separation AgreementAgreement (the “Effective Date”). You will not be entitled to receive any of the benefits specified by this Separation Agreement unless and until it becomes effective.

Appears in 1 contract

Samples: Settlement Agreement (Sientra, Inc.)

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