Common use of Age Discrimination in Employment Act Clause in Contracts

Age Discrimination in Employment Act. Executive acknowledges, agrees and understands that: (a) under the general release detailed above, Executive is waiving and releasing, among other claims, any rights and claims that may exist under the Age Discrimination in Employment Act (“ADEA”); (b) the waiver and release of claims set forth in the release above does not apply to any rights or claims that may arise under the ADEA after the date of execution of this Agreement; (c) the payments and other consideration that are being provided to Executive are of significant value and are in addition to what Executive otherwise would be entitled; (d) Executive is being advised in writing to consult with an attorney before signing this Agreement; (e) Executive is being given a period of twenty-one (21) days within which to review and consider this Agreement before signing it, though Executive may sign earlier, and if Executive fails to sign and return this Agreement within the twenty-one (21) day consideration period, the Company’s offer and this Agreement will expire on its own terms and the Company may assert that Executive was terminated for cause or otherwise; (f) Executive may revoke her/his acceptance of this Agreement by providing written notice to the Company within seven (7) days following its execution, and any notice of revocation of this Agreement must be in writing and transmitted by hand or certified mail to: (g) Because of Executive’s right to revoke this Agreement, this Agreement shall not become effective and enforceable until the eighth (8th) day after the return of an executed copy of this Agreement by Executive to the Company (the “Effective Date”), and Executive will not be entitled to any of the benefits set forth in this Agreement until after the Effective Date.

Age Discrimination in Employment Act. Executive acknowledges, hereby acknowledges and agrees that this Release and understands that: (a) under the general release detailed above, Executive is waiving his separation from employment with Company and releasing, among other claims, any rights and claims that may exist under all actions taken in connection therewith are in compliance with the Age Discrimination in Employment Act (“ADEA”); (b) and the waiver Older Workers Benefit Protection Act and release of claims that the releases set forth in Section 1 hereof shall be applicable, without limitation, to any claims brought under these Acts. Executive further acknowledges and agrees that: a. The releases given by Executive in this Release is given solely in exchange for the release above consideration set forth in this Release and such consideration is in addition to anything of value which Executive was entitled to receive prior to entering into this Release; x. Xx entering into this Release, Executive does not apply to any waive rights or claims that may arise under the ADEA after the date of execution of this AgreementRelease is executed; (c) c. Executive has been advised to consult an attorney prior to entering into this Release, and this provision of the payments and other consideration Release satisfies the requirement of the Older Workers Benefit Protection Act that are being provided to Executive are of significant value and are be so advised in addition to what Executive otherwise would be entitledwriting; (d) d. Executive is being advised in writing to consult with an attorney before signing this Agreement; (e) Executive is being given a period of has been offered twenty-one (21) days [or 45 days if applicable] from receipt of this Release within which to review and consider this Agreement before signing it, though Executive may sign earlier, Release; and if Executive fails to sign and return this Agreement within the twenty-one (21) day consideration period, the Company’s offer and this Agreement will expire on its own terms and the Company may assert that Executive was terminated for cause or otherwise;​ (f) Executive may revoke her/his acceptance e. For a period of this Agreement by providing written notice to the Company within seven (7) days following its execution, and any notice of revocation Executive’s execution of this Agreement must be in writing and transmitted by hand or certified mail to: (g) Because of Executive’s right to Release, Executive may revoke this Agreement, Release by delivering written notice to Company’s ________________________________________ at _____________ and this Agreement Release shall not become effective and or enforceable until the eighth such seven (8th7) day after period has expired. x. Xx change to this Release, material or non-material, shall re-start the return of an executed copy of this Agreement by Executive to the Company (the “Effective Date”), and Executive will not be entitled to any of the benefits set forth 21-day period [or 45 days if applicable] referenced in this Agreement until after the Effective Date.sub-section d.

Age Discrimination in Employment Act. Executive acknowledges1. If Employee is age forty (40) or older on the date Employee signs this Agreement, Employee also acknowledges and agrees and understands that: (a) under the general release detailed above, Executive that Employee is waiving and releasing, among other claims, releasing any and all claims or rights and claims that Employee may exist have under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”); , that this waiver and release is knowing and voluntary, and that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled as an employee of the Company. Employee further acknowledges that Employee is advised that: (a) Employee should consult with an attorney (at Employee’s own expense) prior to executing this Agreement (Employee understands that whether Employee consults an attorney or not is Employee’s decision); (b) the waiver and release of claims set forth in the release above this Agreement does not apply to waive or release any rights or claims that Employee may arise have under the ADEA which may arise after the date of execution of Employee executes this Agreement; ; and (cc)(i) the payments and other consideration that are being provided to Executive are of significant value and are in addition to what Executive otherwise would be entitled; (d) Executive is being advised in writing to consult with an attorney before signing this Agreement; (e) Executive is being given a period of Employee has at least twenty-one (21) days within in which to review and consider this Agreement before signing it, though Executive (although Employee may sign earlier, and if Executive fails choose to sign and return execute this Agreement within earlier but not before the twenty-one conclusion of Employee’s last day of employment); (21ii) day consideration period, the Company’s offer and this Agreement will expire on its own terms and the Company may assert that Executive was terminated for cause or otherwise; (f) Executive may revoke her/his acceptance of this Agreement by providing written notice to the Company within Employee has seven (7) days following its execution, and any notice of revocation execution of this Agreement must be in writing and transmitted by hand or certified mail to: (g) Because of Executive’s right to revoke this AgreementAgreement (to be effective, any revocation must be actually received in writing by the Company by 12:00 a.m. PST on the eighth day); and (iii) this Agreement shall not become be effective and enforceable until the eighth (8th) day after revocation period has expired. Employee waives any right to have the return of an executed consideration period restarted or extended by any subsequent changes to this Agreement. 2. Employee acknowledges and agrees that Employee was given a copy of this Agreement by Executive and has carefully read it and understands it, that Employee has been given the opportunity to consult with the Company (the “Effective Date”), and Executive will not be entitled to any of the benefits set forth persons identified in Section 12 regarding this Agreement until after the Effective Dateand that Employee has entered into this Agreement voluntarily and with full knowledge of its final and binding effect.

Age Discrimination in Employment Act. Executive acknowledges, hereby acknowledges and agrees that this Release and understands that: (a) under the general release detailed above, Executive is waiving his separation from employment with Company and releasing, among other claims, any rights and claims that may exist under all actions taken in connection therewith are in compliance with the Age Discrimination in Employment Act (“ADEA”); (b) and the waiver Older Workers Benefit Protection Act and release of claims that the releases set forth in Section 1 hereof shall be applicable, without limitation, to any claims brought under these Acts. Executive further acknowledges and agrees that: a. The releases given by Executive in this Release is given solely in exchange for the release above consideration set forth in this Release and such consideration is in addition to anything of value which Executive was entitled to receive prior to entering into this Release; x. Xx entering into this Release, Executive does not apply to any waive rights or claims that may arise under the ADEA after the date of execution of this AgreementRelease is executed; (c) c. Executive has been advised to consult an attorney prior to entering into this Release, and this provision of the payments and other consideration Release satisfies the requirement of the Older Workers Benefit Protection Act that are being provided to Executive are of significant value and are in addition to what Executive otherwise would be entitled; (d) Executive is being so advised in writing to consult with an attorney before signing this Agreement;writing; ​ (e) d. Executive is being given a period of has been offered twenty-one (21) days [or 45 days if applicable] from receipt of this Release within which to review and consider this Agreement before signing it, though Executive may sign earlier, and if Executive fails to sign and return this Agreement within the twenty-one (21) day consideration period, the Company’s offer and this Agreement will expire on its own terms and the Company may assert that Executive was terminated for cause or otherwise;Release; and (f) Executive may revoke her/his acceptance e. For a period of this Agreement by providing written notice to the Company within seven (7) days following its execution, and any notice of revocation Executive’s execution of this Agreement must be in writing and transmitted by hand or certified mail to: (g) Because of Executive’s right to Release, Executive may revoke this Agreement, Release by delivering written notice to Company’s ________________________________________ at _____________ and this Agreement Release shall not become effective and or enforceable until the eighth such seven (8th7) day after period has expired. x. Xx change to this Release, material or non-material, shall re-start the return of an executed copy of this Agreement by Executive to the Company (the “Effective Date”), and Executive will not be entitled to any of the benefits set forth 21-day period [or 45 days if applicable] referenced in this Agreement until after the Effective Date.sub-section d.

Age Discrimination in Employment Act. Executive Employee acknowledges, agrees and understands that: (a) under the general release detailed above, Executive Employee is waiving and releasing, among other claims, any rights and claims that may exist under the Age Discrimination in Employment Act (“ADEA”); (b) the waiver and release of claims set forth in the release above does not apply to any rights or claims that may arise under the ADEA after the date of execution of this Agreement; (c) the payments and other consideration that are being provided to Executive Employee are of significant value and are in addition to what Executive Employee otherwise would be entitled; (d) Executive Employee is being advised in writing to consult with an attorney before signing this Agreement; (e) Executive Employee is being given a period of twenty-one (21) days within which to review and consider this Agreement before signing it, though Executive Employee may sign earlier, and if Executive Employee fails to sign and return this Agreement within the twenty-one (21) day consideration period, the Company’s offer and this Agreement will expire on its own terms and the Company may assert that Executive was terminated for cause or otherwiseterms; (f) Executive Employee may revoke her/his acceptance of this Agreement by providing written notice to the Company within seven (7) days following its execution, and any notice of revocation of this Agreement must be in writing and transmitted by hand or certified mail to:to Viavi Solutions, Inc., 00000 Xxxxxxx Xxxxxxxxx, Xxxxxxxxxx, XX 00000 , Attn: Xxxxx Xxxxxxx. (g) Because of ExecutiveEmployee’s right to revoke this Agreement, this Agreement shall not become effective and enforceable until the eighth (8th) day after the return of an executed copy of this Agreement by Executive Employee to the Company (the “Effective Date”), and Executive Employee will not be entitled to any of the benefits set forth in this Agreement until after the Effective Date.

Age Discrimination in Employment Act. Executive acknowledges, Employee hereby acknowledges and agrees that this Agreement and understands that: (a) under the general release detailed above, Executive is waiving termination of Employee’s employment and releasing, among other claims, any rights and claims that may exist under all actions taken in connection therewith are in compliance with the Age Discrimination in Employment Act (“ADEA”)) and the Older Workers Benefit Protection Act (OWBPA) and that the releases set forth herein shall be applicable, without limitation, to any claims brought under these Acts. Employee further acknowledges and agrees that: (a) the release given by Employee in this Agreement is given solely in exchange for the consideration set forth in Section 3 of this Agreement and such consideration is in addition to anything of value which Employee was entitled to receive prior to entering into this Agreement; (b) the waiver and release of claims set forth in the release above by entering into this Agreement, Employee does not apply to any waive rights or claims that may arise under the ADEA after the date of execution of this AgreementAgreement is executed; (c) Employee has been advised to consult an attorney prior to entering into this Agreement, and this provision of this Agreement satisfies the payments and other consideration requirement of the Older Workers Benefit Protection Act that are being provided to Executive are of significant value and are Employee be so advised in addition to what Executive otherwise would be entitledwriting; (d) Executive is being advised in writing Employee has been offered at least forty-five (45) days from receipt of this Separation Agreement and General Release within which to consult with an attorney before signing consider this Agreement; if Employee chooses, Employee may sign this Agreement before the expiration of the 45-day period; (e) Executive is being given a period of twenty-one (21) days within which In the event that Employee signs and returns this Agreement in less than 45 days, Employee agrees and acknowledges that such decision was entirely voluntary and that Employee had the opportunity to review and consider this Agreement before signing it, though Executive may sign earlier, and if Executive fails to sign and return this Agreement within for the twentyentire 45-one (21) day consideration period, the Company’s offer and this Agreement will expire on its own terms and the Company may assert that Executive was terminated for cause or otherwise;; and (f) Executive may revoke her/his acceptance For a period of this Agreement by providing written notice to the Company within seven (7) days following its execution, and any notice Employee’s execution of revocation of this Agreement must be in writing and transmitted by hand or certified mail to: (g) Because of Executive’s right to revoke this Agreement, Employee or NUMEREX may revoke this Agreement and this Agreement shall not become effective and or enforceable until the eighth such seven (8th7) day after period has expired. (g) Attached to this Separation Agreement as Schedule A is a list of job functions and ages of all individuals at Numerex who are (or have been) offered the return opportunity to sign a Separation Agreement and General Release as a result of an executed copy NUMEREX’s current restructuring efforts. The information in Schedule A is based on the information reasonably available to NUMEREX as of the date of delivery of this Separation Agreement by Executive to the Company (the “Effective Date”), and Executive will not be entitled to any of the benefits set forth in this Agreement until after the Effective DateEmployee.

Age Discrimination in Employment Act. Executive acknowledges, hereby acknowledges and agrees and understands that: (a) under the general release detailed above, Executive that this Agreement is waiving and releasing, among other claims, any rights and claims that may exist under in compliance with the Age Discrimination in Employment Act (“ADEA”); (b) and the waiver Older Workers Benefit Protection Act and release of claims that the releases set forth in Paragraph 3 hereof shall be applicable, without limitation, to any claims brought under these Acts or other laws. Executive further acknowledges and agrees that: a. The release given by Executive in this Agreement is given solely in exchange for the release above consideration set forth in Paragraphs 1.d., 1.f., and 1.g. of this Agreement and such consideration is in addition to anything of value which Executive was entitled to receive prior to entering into this Agreement; b. By entering into this Agreement, Executive does not apply to any waive rights or claims that may arise under the ADEA after the date this Agreement is executed; c. Executive is hereby advised to consult an attorney prior to entering into this Agreement, and this provision of this Agreement satisfies the requirement of the Older Workers Benefit Protection Act that Executive be so advised in writing; d. Executive has been permitted at least forty-five (45) days to review this Agreement prior to Executive’s execution of this Agreement; , but Executive can waive the forty-five (c45)) the payments day period and other consideration that are being provided to Executive are of significant value and are in addition to what Executive otherwise would be entitled; (d) Executive is being advised in writing to consult with an attorney before signing this Agreement; (e) Executive is being given a period of twenty-one (21) days within which to review and consider execute this Agreement before signing it, though Executive may sign earlier, and if Executive fails to sign and return sooner (so long as this Agreement within is not executed prior to the twenty-one (21) day consideration period, the Company’s offer and this Agreement will expire on its own terms and the Company may assert that Executive was terminated for cause or otherwise; (f) Separation Date). Executive may revoke her/his acceptance of this Agreement once executed by providing written delivering in writing a notice of revocation to the Company [NAME] at [CONTACT INFORMATION], within seven (7) calendar days following its executionof the date this Agreement was signed, and any notice of revocation of this Agreement must be in writing and transmitted by hand or certified mail to: (g) Because of Executive’s right to revoke this Agreement, this Agreement shall not become effective and or enforceable until the eighth such seven (8th7) day after the return of an executed copy of period has expired. If this Agreement by Executive to does not become enforceable and irrevocable within the Company (above time limits, then no severance pay benefits provided under the “Effective Date”), Plan shall be paid and Executive will not any rights thereto shall be entitled to any of the benefits set forth in this Agreement until after the Effective Dateforfeited.

Age Discrimination in Employment Act. Executive acknowledges, Employee hereby acknowledges and agrees that this Agreement and understands that: (a) under the general release detailed above, Executive is waiving termination of Employee's employment and releasing, among other claims, any rights and claims that may exist under all actions taken in connection therewith are in compliance with the Age Discrimination in Employment Act (“ADEA”); (b) and the waiver Older Workers Benefit Protection Act and release of claims that the releases set forth in Section 3 hereof shall be applicable, without limitation, to any claims brought under these Acts or other laws. Employee further acknowledges and agrees that: a. The release given by Employee in this Agreement is given solely in exchange for the release above additional consideration set forth in Sections 1.e., g., and j. of this Agreement and such consideration is in addition to anything of value which Employee was entitled to receive in the absence of entering into this Agreement; b. By entering into this Agreement, Employee does not apply to any waive rights or claims that may arise under the ADEA after the date of execution of this Agreement is executed; c. Employee is hereby advised to consult an attorney prior to entering into this Agreement, and this provision of the Agreement satisfies the requirement of the Older Workers Benefit Protection Act that Employee be so advised in writing; (c) the payments and other consideration that are being provided to Executive are of significant value and are in addition to what Executive otherwise would be entitled; (d) Executive is being advised in writing to consult with an attorney before signing this Agreement; (e) Executive is being given a period of d. Employee has been permitted at least twenty-one (21) days within which to review and consider this Agreement before signing it, though Executive may sign earlierprior to Employee's execution of this Agreement, and if Executive fails to sign and return this Agreement within Employee can waive the twenty-one (21) day consideration period, the Company’s offer period and execute this Agreement sooner, in which case the seven calendar day revocation period described below will expire begin on its own terms and the Company may assert that Executive was terminated for cause or otherwisedate of Employee's execution of this Agreement; (f) Executive e. For a period of seven calendar days following Employee's execution of this Agreement, Employee may revoke her/his acceptance of this Agreement by providing written notice to the Company within seven (7) days following its execution, and any delivering in writing a notice of revocation to the Company's Human Resources Department or by placing such a written notice in the mail to the Company's Human Resources Department with a postmark dated within seven calendar days of the date this Agreement must be in writing was signed, and transmitted by hand or certified mail to: (g) Because of Executive’s right to revoke this Agreement, this Agreement shall not become effective and or enforceable until the eighth (8th) such seven day after the return of an executed copy of this Agreement by Executive to the Company (the “Effective Date”)period has expired, and Executive will not be entitled to any the conditions of the benefits set forth in this Agreement until after the Effective DateSection 1.d. above have been satisfied.

Age Discrimination in Employment Act. Executive Employee acknowledges, agrees and understands that: (a) under the general release detailed above, Executive Employee is waiving and releasing, among other claims, any rights and claims that may exist under the Age Discrimination in Employment Act (“''ADEA”); (b) the waiver and release of claims set forth in the release above does not apply to any rights or claims that may arise under the ADEA after the date of execution of this Agreement; (c) the payments and other consideration that are being provided to Executive Employee are of significant value and are in addition to what Executive Employee otherwise would be entitled; (d) Executive Employee is being advised in writing to consult with an attorney before signing this Agreement; (e) Executive Employee is being given a period of twenty-one (21) days within which to review and consider this Agreement before signing it, though Executive Employee may sign earlier, and if Executive Employee fails to sign and return this Agreement within the twenty-one (21) day consideration period, the Company’s 's offer and this Agreement will expire on its own terms and the Company may assert that Executive was terminated for cause or otherwiseterms; (f) Executive Employee may revoke her/his acceptance of this Agreement by providing written notice to the Company within seven (7) days following its execution, and any notice of revocation of this Agreement must be in writing and transmitted by hand or certified mail to:to Xxxxxx Xxxxxx, 0000 Xxxxxx Xxxxxxx, Xxxxx 000, Xxxxxx, XX, 00000; and (g) Because of Executive’s Employee's right to revoke this Agreement, this Agreement shall not become effective and enforceable until the eighth (8th) day after the return of an executed copy of this Agreement by Executive Employee to the Company (the “Effective Date”), and Executive Employee will not be entitled to any of the benefits set forth in this Agreement until after the Effective Date.. WEST\278619533.1 Xxxxxx Xxxxxxxx-Luther

Age Discrimination in Employment Act. Executive acknowledges, Hope hereby acknowledges and agrees that this Agreement and understands that: (a) under the general release detailed above, Executive is waiving termination of Hope’s employment and releasing, among other claims, any rights and claims that may exist under all actions taken in connection therewith are in compliance with the Age Discrimination in Employment Act (“ADEA”)) and the Older Workers Benefit Protection Act (OWBPA) and that the releases set forth in Section 4 hereof shall be applicable, without limitation, to any claims brought under these Acts. Hope further acknowledges and agrees that: (a) the release given by Hope in this Agreement is given solely in exchange for the consideration set forth in Section 3 of this Agreement and such consideration is in addition to anything of value which Hope was entitled to receive prior to entering into this Agreement; (b) the waiver and release of claims set forth in the release above by entering into this Agreement, Hope does not apply to any waive rights or claims that may arise under the ADEA after the date of execution of this AgreementAgreement is executed; (c) Hope has been advised to consult an attorney prior to entering into this Agreement, and this provision of this Agreement satisfies the payments and other consideration requirement of the Older Workers Benefit Protection Act that are being provided to Executive are of significant value and are Hope be so advised in addition to what Executive otherwise would be entitledwriting; (d) Executive is being advised in writing to consult with an attorney before signing this Agreement; (e) Executive is being given a period of Hope has been offered at least twenty-one (21) days from receipt of this Agreement within which to review and consider this Agreement before signing it, though Executive may sign earlier, and if Executive fails to sign and return this Agreement within the twenty-one (21) day consideration period, the Company’s offer and this Agreement will expire on its own terms and the Company may assert that Executive was terminated for cause or otherwise;Agreement; and (fe) Executive may revoke her/his acceptance For a period of this Agreement by providing written notice to the Company within seven (7) days following its execution, and any notice Hope’s execution of revocation of this Agreement must be in writing and transmitted by hand or certified mail to: (g) Because of Executive’s right to revoke this Agreement, Hope or PLKI may revoke this Agreement and this Agreement shall not become effective and or enforceable until the eighth such seven (8th7) day after the return of an executed copy period has expired. The original of this Agreement signed by Executive Hope should be delivered to the Company General Counsel of Popeyes Louisiana Kitchen, Inc., 000 Xxxxxxxxx Xxxxxx Xxxxxxx, Xxxxx 0000, Xxxxxxx, XX 00000. Any revocation should be in writing and delivered to the General Counsel at the address listed within the time allotted. PLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS AND CAUSES OF ACTION. HOPE AGREES THAT ANY MODIFICATIONS MADE TO THIS AGREEMENT DO NOT RESTART OR AFFECT IN ANY MANNER THE ORIGINAL TWENTY-ONE (the “Effective 21) CALENDAR DAY CONSIDERATION PERIOD. PLKI Name: Xxxxxx X. BachelderTitle: Chief Executive Officer Popeyes Louisiana Kitchen, Inc. EMPLOYEE X. Xxxxxxxx Hope, III Signature: _/s/ Xxxxxx X. Bachelder__________ Signature: _/s/ X. Xxxxxxxx Hope, III ___ Date”): _April 14, and Executive will not be entitled to any of the benefits set forth in this Agreement until after the Effective 2014___________ Date.: __April 14, 2014____________

Age Discrimination in Employment Act. Executive acknowledges, Employee hereby acknowledges and agrees that this Agreement and understands that: (a) under the general release detailed above, Executive is waiving termination of Employee's employment and releasing, among other claims, any rights and claims that may exist under all actions taken in connection therewith are in compliance with the Age Discrimination in Employment Act (“ADEA”); (b) and the waiver Older Workers Benefit Protection Act and release of claims that the releases set forth in Section 3 hereof shall be applicable, without limitation, to any claims brought under these Acts or other laws. Employee further acknowledges and agrees that: a. The release given by Employee in this Agreement is given solely in exchange for the release above additional consideration set forth in Sections 1.e., g., h. and i. of this Agreement and such consideration is in addition to anything of value which Employee was entitled to receive in the absence of entering into this Agreement; b. By entering into this Agreement, Employee does not apply to any waive rights or claims that may arise under the ADEA after the date of execution of this Agreement is executed; c. Employee is hereby advised to consult an attorney prior to entering into this Agreement, and this provision of the Agreement satisfies the requirement of the Older Workers Benefit Protection Act that Employee be so advised in writing; (c) the payments and other consideration that are being provided to Executive are of significant value and are in addition to what Executive otherwise would be entitled; (d) Executive is being advised in writing to consult with an attorney before signing this Agreement; (e) Executive is being given a period of d. Employee has been permitted at least twenty-one (21) days within which to review and consider this Agreement before signing it, though Executive may sign earlierprior to Employee's execution of this Agreement, and if Executive fails to sign and return this Agreement within Employee can waive the twenty-one (21) day consideration period, the Company’s offer period and execute this Agreement sooner, in which case the seven calendar day revocation period described below will expire begin on its own terms and the Company may assert that Executive was terminated for cause or otherwisedate of Employee's execution of this Agreement; (f) Executive e. For a period of seven calendar days following Employee's execution of this Agreement, Employee may revoke her/his acceptance of this Agreement by providing written notice to the Company within seven (7) days following its execution, and any delivering in writing a notice of revocation to the Company's Human Resources Department or by placing such a written notice in the mail to the Company's Human Resources Department with a postmark dated within seven calendar days of the date this Agreement must be in writing was signed, and transmitted by hand or certified mail to: (g) Because of Executive’s right to revoke this Agreement, this Agreement shall not become effective and or enforceable until the eighth (8th) such seven day after the return of an executed copy of this Agreement by Executive to the Company (the “Effective Date”)period has expired, and Executive will not be entitled to any the conditions of the benefits set forth in this Agreement until after the Effective DateSection 1.d. above have been satisfied.

Age Discrimination in Employment Act. Executive acknowledges, agrees and understands that: (a) under the general release detailed above, Executive is waiving and releasing, among other claims, any rights and claims that may exist under the Age Discrimination in Employment Act (“ADEA”); (b) the waiver and release of claims set forth in the release above does not apply to any rights or claims that may arise under the ADEA after the date of execution of this Agreement; (c) the payments and other consideration that are being provided to Executive are of significant value and are in addition to what Executive otherwise would be entitled; (d) Executive is being advised in writing to consult with an attorney before signing this Agreement. Executive acknowledges that Executive has been given the opportunity to consult with counsel of Executive’s choice before signing this Agreement, and that Executive fully understands the contents and legal effect of this Agreement; (e) Executive is being further acknowledges that Executive has been given a period of the right to consider this Agreement for up to twenty-one (21) days within which to review and consider this Agreement before signing it, though Executive may sign earlier, and if Executive fails to sign and return this Agreement within by the twenty-one (21) day consideration periodDeadline for Executive’s Signature date set forth in the Summary of Terms, the Company’s offer and this Agreement will expire on its own terms terms; Pandora Media, Inc. – Separation Agreement and the Company may assert that Executive was terminated for cause or otherwise;Release Michxxx Xxxxxxx (f) Executive may revoke her/his acceptance of this Agreement by providing written notice to the Company Pandora within seven (7) days following its executionfrom the date Executive signs this Agreement, and any notice of revocation of this Agreement must be in writing and transmitted by hand or certified mail to:to Pandora Media, Inc., 2100 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxx, XX 00000, Xxtn: General Counsel; and (g) Because because of Executive’s right to revoke this Agreement, this Agreement shall not become effective final and enforceable binding on both Parties until the eighth (8th) day after the return of an executed copy of this Agreement by Executive to the Company (the “Effective Date”), ) and Executive will not be entitled to any of the payments or benefits set forth in this Agreement until after the Effective Payment Date, as set forth in the Summary of Terms.

Age Discrimination in Employment Act. Executive acknowledges, agrees and understands that: (a) under the general release detailed above, Executive is waiving and releasing, among other claims, any rights and claims that may exist under In accordance with the Age Discrimination in Employment Act (the “ADEA”);, the Executive acknowledges that: (b1) the waiver and release of claims set forth in the release above does not apply to any rights or claims that may arise under the ADEA after the date of execution of this Agreement; (c) the payments and other consideration that are being provided to Executive are of significant value and are in addition to what Executive otherwise would be entitled; (d) Executive is being He has been advised in writing to consult with an attorney before prior to executing this Agreement, and has had the opportunity to do so; (2) He is aware of certain rights to make claims for age discrimination to which he may be entitled under the ADEA, and understands that by signing this Agreement he is giving up any rights to assert or xxx for such claims; (3) In exchange for executing this Agreement and the release it contains, he will receive the Severance Benefits to which he would otherwise not be entitled; (4) By signing this Agreement, he will not waive rights or claims under the ADEA which may arise after the execution of this Agreement; (e5) Executive is being He has been given a period of at least twenty-one (21) days within which to review and consider this Agreement before signing it, though Executive may sign earlierAgreement, and understands that if Executive fails to sign and return he revokes this Agreement within (as described below), he will not receive the Severance Benefits. If Executive is signing this Agreement after less than twenty-one (21) day consideration perioddays review, the Company’s offer he acknowledges that he is doing so voluntarily and this Agreement will expire on its own terms and the Company may assert that Executive was terminated for cause or otherwise;expressly waiving his right to take twenty-one (21) days to review it; and (f6) The Executive may revoke her/his acceptance further acknowledges that he will have a period of this Agreement by providing written notice to the Company within seven (7) days following its execution, and any notice from the date of revocation of execution in which to revoke this Agreement must be in writing and transmitted by hand or certified mail to: (g) Because of Executivewritten notice to the Company’s SVP for Human Resources. In the event the Executive does not exercise his right to revoke this Agreement, this Agreement shall not the release and waivers given above will become effective and enforceable until on the eighth date immediately following the seven (8th7) day after revocation period described above. If the return of an executed copy of Executive exercises his right to revoke this Agreement by Executive to Agreement, the Company (will have no obligations to pay the “Effective Date”)Severance Benefits, and Executive will not be entitled nor any obligations to pay the severance described in the Key Employee Severance Benefit Plan or any of other agreement with the benefits set forth in this Agreement until after the Effective DateCompany.

Age Discrimination in Employment Act. Executive acknowledges, agrees and understands that: (ai) under the general release detailed above, Executive is waiving and releasing, among other claims, any rights and claims that may exist under Pursuant to the Age Discrimination in Employment Act of 1967 (“"ADEA”"); (b) , as amended by the waiver and release of claims set forth in the release above does not apply to any rights or claims that may arise under the ADEA after the date of execution of this Agreement; (c) the payments and other consideration that are being provided to Executive are of significant value and are in addition to what Executive otherwise would be entitled; (d) Executive is being advised in writing to consult with an attorney before signing this Agreement; (e) Executive is being given a period of federal Older Workers Benefit Protection Act, Employee has twenty-one (21) days within which to review and consider this Agreement before signing it, though Executive may sign earlier, and if Executive fails to sign and return this Agreement within the twenty-one (21) day consideration period, the Company’s offer and this Agreement will expire on its own terms and the Company may assert that Executive was terminated for cause or otherwise; (f) Executive may revoke her/his acceptance after delivery of this Agreement to him to accept the offer set forth in this Agreement by providing written notice signing the Agreement and delivering it to the Company within Company, although he may accept the offer by signing and delivering the Agreement before such date. If he accepts the offer by executing this Agreement, he shall have a period of seven (7) days from the date immediately following its execution, and any notice the date of revocation his execution of this Agreement must during which he may revoke his acceptance. (ii) Employee has the right to consult an attorney before executing this Agreement and the waiver and release contained herein. Pursuant to ADEA, the Company hereby advises him to do so if he has not already done so. (iii) The waiver and release contained in Section 6(a) of this Agreement shall be deemed to include a waiver and release of rights or claims arising under ADEA, other than such rights or claims as may arise after the date this Agreement is executed by Employee. (iv) In accordance with ADEA, Employee's execution of this Agreement will constitute his acknowledgement that (A) he has been advised in writing and transmitted by hand or certified mail to: (g) Because of Executive’s his right to revoke consult with an attorney prior to executing this Agreement and the waiver and release contained herein; (B) he is aware that the waiver and release contained herein applies to rights or claims he may have under ADEA; and (C) as consideration for executing this Agreement, this Agreement shall including the waiver and release contained herein, he has received additional benefits and compensation of value, to which he would not become effective and enforceable until the eighth (8th) day after the return of an executed copy of this Agreement by Executive to the Company (the “Effective Date”), and Executive will not otherwise be entitled to any of the benefits set forth in this Agreement until after the Effective Dateentitled.

Age Discrimination in Employment Act. Executive acknowledges, agrees and understands that: (a) under the general release detailed above, Executive is waiving and releasing, among other claims, any rights and claims that may exist under the Age Discrimination in Employment Act (“ADEA”); (b) the waiver and release of claims set forth in the release above does not apply to any rights or claims that may arise under the ADEA after the date of execution of this Agreement; (c) the payments and other consideration that are being provided to Executive are of significant value and are in addition to what Executive otherwise would be entitled; (d) Executive is being advised in writing to consult with an attorney before signing this Agreement; (e) Executive is being given a period of twenty-one (21) days within which to review and consider this Agreement before signing it, though Executive may sign earlier, and if Executive fails to sign and return this Agreement within the twenty-one (21) day consideration period, the Company’s offer and this Agreement will expire on its own terms and the Company may assert that Executive was terminated for cause or otherwiseterms; (f) Executive may revoke her/his acceptance of this Agreement by providing written notice to the Company within seven (7) days following its execution, and any notice of revocation of this Agreement must be in writing and transmitted by hand or certified mail to:to Jamba Juice Company, 6000 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxxxxx XX 00000, Attn: Legal Department, with a copy to DLA Piper LLP (US), Attn: Exxx X. Xxxx at exxx.xxxx@xxxxxxxx.xxx; and (g) Because of Executive’s right to revoke this Agreement, this Agreement shall not become effective and enforceable until the eighth (8th) day after the return of an executed copy of this Agreement by Executive to the Company (the “Effective Date”), and Executive will not be entitled to any of the benefits set forth in this Agreement until after the Effective Date.

Age Discrimination in Employment Act. Executive acknowledgesYou acknowledge, agrees agree and understands understand that: (a) under the general release detailed above, Executive is you are waiving and releasing, among other claims, any rights and claims that may exist under the Age Discrimination in Employment Act (“ADEA”); (b) the waiver and release of claims set forth in the release above does not apply to any rights or claims that may arise under the ADEA after the date of execution of this Agreement; (c) the payments and other consideration that are being provided to Executive you are of significant value and are in addition to what Executive you otherwise would be entitled; (d) Executive is You are being advised in writing to consult with an attorney before signing this Agreement; (e) Executive is You are being given a period of twenty-one (21) days within which to review and consider this Agreement before signing it, though Executive you may sign earlier, and if Executive fails you fail to sign and return this Agreement within the twenty-one (21) day consideration period, the Company’s offer and this Agreement will expire on its own terms and the Company may assert that Executive was terminated for cause or otherwiseterms; (f) Executive You may revoke her/his your acceptance of this Agreement by providing written notice to the Company within seven (7) days following its execution, and any notice of revocation of this Agreement must be in writing and transmitted by hand or certified mail to:to StartEngine Crowdfunding, Inc., Attention: CEO, 600 Xxxxxxx Xxxxxx, Xxxxx Xxxxxx, XX, 00000; and (g) Because of Executive’s your right to revoke this Agreement, this Agreement shall not become effective and enforceable until the eighth (8th) day after the return of an executed copy of this Agreement by Executive you to the Company (the “Release Effective Date”), and Executive you will not be entitled to any of the benefits set forth in this Agreement until after the Release Effective Date.

Age Discrimination in Employment Act. Executive acknowledgesMr. Sibold hereby acknowledges and agrees that this Agreement and thx xxxxxxxxion of Mr. Sibold's employment are in compliance with the Age Discriminatiox xx Xxxxxxxent Act and the Older Workers' Benefit Protection Act and that the releases set forth in this Agreement shall be applicable, without limitation, to any claims brought under these Acts. Mr. Sibold further acknowledges and agrees and understands that: (ax) under Xhe release given by Mr. Sibold in this Agreement is given solely in exchange for the general release detailed aboveconxxxxxxxxxx set forth in Paragraphs 2(a), Executive 2(b) and 2(c) of this Agreement and such consideration is waiving and releasing, among other claims, any rights and claims that may exist under the Age Discrimination in Employment Act (“ADEA”)addition to anything of value which Mr. Sibold was entitled to receive prior to entering into this Agreexxxx; (b) the waiver and release of claims set forth in the release above By entering into this Agreement, Mr. Sibold does not apply to any waive rights or claims that may arise under the ADEA after the date of execution of this Agreementxxxx xxxx Agreement is executed; (c) Mr. Sibold has been advised to consult an attorney prior to entering xxxx xxxx Agreement, and this provision of this Agreement satisfies the payments and other consideration requirement of the Older Workers' Benefit Protection Act that are being provided to Executive are of significant value and are Mr. Sibold be so advised in addition to what Executive otherwise would be entitledwriting; (d) Executive is being advised in writing Mr. Xxxxxx xxs been offered forty-five (45) days from receipt of thix Xxxxxxxxt within which to consult with an attorney before signing consider this Agreement;; and (e) Executive is being given For a period of twenty-one (21) days within which to review and consider this Agreement before signing it, though Executive may sign earlier, and if Executive fails to sign and return this Agreement within the twenty-one (21) day consideration period, the Company’s offer and this Agreement will expire on its own terms and the Company may assert that Executive was terminated for cause or otherwise; (f) Executive may revoke her/his acceptance of this Agreement by providing written notice to the Company within seven (7) days following its execution, and any notice of revocation execution of this Agreement must be in writing and transmitted by hand Agreement, the Employee or certified mail to: (g) Because of Executive’s right to the Company may revoke this Agreement, and this Agreement shall not become effective and or enforceable until the eighth such seven (8th) day after the return of an executed copy of this Agreement by Executive to the Company (the “Effective Date”), and Executive will not be entitled to any of the benefits set forth in this Agreement until after the Effective Date7)-day period has expired.

Age Discrimination in Employment Act. Executive acknowledgesPrice irrevocably and unconditionally waives, releases, and forever discharges RBC Life Sciences and its respective subsidiaries, affiliates, officers, directors, shareholders, managers, employees, representatives, successors, assigns, agents, and attorneys from any and all claims, demands, suits, damages, liabilities, losses, controversies, debts, benefits and rights, and causes of action, based on the Age Discrimination in Employment Act, 29 U.S.C. §621, or the Older Workers Benefit Protection Act. Price hereby acknowledges and agrees that this Agreement and understands the termination of Price’s employment are in compliance with the Age Discrimination in Employment Act and the Older Workers’ Benefits Protection Act. Price further acknowledges and agrees that: (a) under The release given by Price in this Section 5 is given solely in exchange for the general release detailed aboveconsideration set forth in this Agreement, Executive and such consideration from RBC Life Sciences is waiving and releasing, among other claims, any rights and claims in addition to anything of value that may exist under the Age Discrimination in Employment Act (“ADEA”)Price was entitled to receive prior to entering into this Agreement; (b) the waiver and release of claims set forth in the release above By entering into this Agreement, Price does not apply to any waive rights or claims that may arise under the ADEA after the date of execution Effective Date of this Agreement; (c) Price is advised to consult with an attorney prior to executing this Agreement, and this provision of this Agreement satisfies the payments and other consideration requirement of the Older Workers’ Benefit Protection Act that are being provided Price be so advised to Executive are of significant value and are consult an attorney in addition to what Executive otherwise would be entitledwriting; (d) Executive is being advised in writing to consult with an attorney before signing this Agreement; (e) Executive is being given a period of Price has been offered twenty-one (21) days from receipt of this Agreement within which to review and consider this Agreement before signing itAgreement; and (e) For a period of seven (7) days following execution of this Agreement, though Executive Price may sign earlierrevoke this Agreement, and if Executive fails to sign and return this Agreement within the twenty-one (21) day consideration period, the Company’s offer and this Agreement shall not become effective or enforceable until such seven-day period has expired. The first installment set forth at Section 3(a) will expire on its own terms and be paid not earlier than the Company may assert that Executive was terminated for cause or otherwise; (f) Executive may revoke her/his acceptance eighth day nor later than the thirteenth day following Price’s execution of this Agreement, if Price does not revoke this Agreement by providing written notice as set forth herein. Revocation must be in writing and provided to the Company RBC Life Sciences within seven (7) days following its execution, and any notice Price’s execution of revocation of this Agreement must be in writing and transmitted by hand or certified mail to: (g) Because of Executive’s right to revoke this Agreement, this Agreement shall not become effective and enforceable until the eighth (8th) day after the return of an executed copy of this Agreement by Executive to the Company (the “Effective Date”), and Executive will not be entitled to any of the benefits set forth as provided in this Agreement until after the Effective DateSection 11 below.

Age Discrimination in Employment Act. Executive acknowledges, 1. Employee also acknowledges and agrees and understands that: (a) under the general release detailed above, Executive that Employee is waiving and releasing, among other claims, releasing any and all claims or rights and claims that Employee may exist have under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”); , that this waiver and release is knowing and voluntary, and that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled as an employee of the Company. Employee further acknowledges that Employee is advised that: (a) Employee should consult with an attorney (at Employee’s own expense) prior to executing this Agreement (Employee understands that whether Employee consults an attorney or not is Employee’s decision); (b) the waiver and release of claims set forth in the release above this Agreement does not apply to waive or release any rights or claims that Employee may arise have under the ADEA which may arise after the date of execution of Employee executes this Agreement; ; and (c) if Employee is age forty (40) or older on the payments and other consideration that are being provided to Executive are of significant value and are in addition to what Executive otherwise would be entitled; date Employee signs this Agreement (di) Executive is being advised in writing to consult with an attorney before signing this Agreement; (e) Executive is being given a period of Employee has at least twenty-one (21) days within in which to review and consider this Agreement before signing it, though Executive (although Employee may sign earlier, and if Executive fails choose to sign and return execute this Agreement within earlier but not before the twenty-one conclusion of Employee’s last day of employment); (21ii) day consideration period, the Company’s offer and this Agreement will expire on its own terms and the Company may assert that Executive was terminated for cause or otherwise; (f) Executive may revoke her/his acceptance of this Agreement by providing written notice to the Company within Employee has seven (7) days following its execution, and any notice of revocation execution of this Agreement must be in writing and transmitted by hand or certified mail to: (g) Because of Executive’s right to revoke this AgreementAgreement (to be effective, any revocation must be actually received in writing by the Company by 12:00 a.m. on the eighth day); and (iii) this Agreement shall not become be effective and enforceable until the eighth (8th) revocation period has expired. 2. However, Employee represents and warrants, and Company agrees, that the revisions made to this Agreement after it was first provided to Employee on November 19, 2014 are not material changes to the Agreement that restart the running of the 21-day after period for considering the return Agreement. In any event, whether the changes are material or immaterial, Employee and the Company agree that the running of an executed the 21-day period is not restarted. 3. Employee acknowledges and agrees that Employee was given a copy of this Agreement by Executive and has carefully read it and understands it, that Employee has been given the opportunity to consult with the Company (the “Effective Date”), and Executive will not be entitled to any of the benefits set forth persons identified in Section 15 regarding this Agreement until after the Effective Dateand that Employee has entered into this Agreement voluntarily and with full knowledge of its final and binding effect.

Age Discrimination in Employment Act. Executive acknowledges, agrees and understands that: (a) under the general release detailed above, Executive is waiving and releasing, among other claims, any rights and claims that may exist under the Age Discrimination in Employment Act (“ADEA”); (b) the waiver and release of claims set forth in the release above does not apply to any rights or claims that may arise under the ADEA after the date of execution of this Agreement; (c) the payments and other consideration that are being provided to Executive are of significant value and are in addition to what Executive otherwise would be entitled; (d) Executive is being advised in writing to consult with an attorney before signing this Agreement. Executive acknowledges that Executive has been given the opportunity to consult with counsel of Executive’s choice before signing this Agreement, and that Executive fully understands the contents and legal effect of this Agreement; (e) Executive is being further acknowledges that Executive has been given a period of the right to consider this Agreement for up to twenty-one (21) days within which to review and consider this Agreement before signing it, though Executive may sign earlier, and if Executive fails to sign and return this Agreement within by the twenty-one (21) day consideration periodDeadline for Executive’s Signature date set forth in the Summary of Terms, the Company’s offer and this Agreement will expire on its own terms terms; Pandora Media, Inc. – Separation Agreement and the Company may assert that Executive was terminated for cause or otherwise;General Release Tim Xxxxxxxxxx (f) Executive may revoke her/his acceptance of this Agreement by providing written notice to the Company Pandora within seven (7) days following its executionfrom the date Executive signs this Agreement, and any notice of revocation of this Agreement must be in writing and transmitted by hand or certified mail to:to Pandora Media, Inc., 2100 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxx, XX 00000, Xxtn: General Counsel; and (g) Because because of Executive’s right to revoke this Agreement, this Agreement shall not become effective final and enforceable binding on both Parties until the eighth (8th) day after the return of an executed copy of this Agreement by Executive to Company, the Company (the “Effective Date”), and Executive will not be entitled to any of the payments or benefits set forth in this Agreement until after the Effective Payment Date, as set forth in the Summary of Terms.

Age Discrimination in Employment Act. Executive acknowledges1. If Employee is age forty (40) or older on the date Employee signs this Agreement, Employee also acknowledges and agrees and understands that: (a) under the general release detailed above, Executive that Employee is waiving and releasing, among other claims, releasing any and all claims or rights and claims that Employee may exist have under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”); , that this waiver and release is knowing and voluntary, and that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled as an employee of the Company. Employee further acknowledges that Employee is advised that: (a) Employee should consult with an attorney (at Employee’s own expense) prior to executing this Agreement (Employee understands that whether Employee consults an attorney or not is Employee’s decision); (b) the waiver and release of claims set forth in the release above this Agreement does not apply to waive or release any rights or claims that Employee may arise have under the ADEA which may arise after Employee executes this Agreement; and (c) (i) Employee has at least forty-five (45) days from the date of execution receipt of this Agreement; (c) the payments and other consideration that are being provided to Executive are of significant value and are Agreement in addition to what Executive otherwise would be entitled; (d) Executive is being advised in writing to consult with an attorney before signing this Agreement; (e) Executive is being given a period of twenty-one (21) days within which to review and consider this Agreement before signing itand the statistical information given to Employee concurrently with this Agreement, though Executive which lists the ages and job titles of other persons in Employee’s same decisional unit who are and are not eligible for severance benefits (although Employee may sign earlier, and if Executive fails choose to sign and return execute this Agreement within earlier but not before the twenty-one conclusion of Employee’s last day of employment); (21ii) day consideration period, the Company’s offer and this Agreement will expire on its own terms and the Company may assert that Executive was terminated for cause or otherwise; (f) Executive may revoke her/his acceptance of this Agreement by providing written notice to the Company within Employee has seven (7) days following its execution, and any notice of revocation execution of this Agreement must be in writing and transmitted by hand or certified mail to: (g) Because of Executive’s right to revoke this AgreementAgreement (to be effective, any revocation must be actually received in writing by the Company by 12:00 a.m. PST on the eighth day); and (iii) this Agreement shall not become be effective and enforceable until the eighth (8th) day after revocation period has expired without Employee revoking it. Employee and the return Company agree that any changes to this Agreement, whether material or immaterial, do not extend or restart the running of an executed the consideration period. 2. Employee acknowledges and agrees that Employee was given a copy of this Agreement by Executive and has carefully read it and understands it, that Employee has been given the opportunity to consult with the Company (the “Effective Date”), and Executive will not be entitled to any of the benefits set forth persons identified in Section 12 regarding this Agreement until after the Effective Dateand that Employee has entered into this Agreement voluntarily and with full knowledge of its final and binding effect.