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Common use of Breach Clause in Contracts

Breach. In addition to the rights provided in the “Attorneys’ Fees” section below, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damages, except as provided by law.

Appears in 52 contracts

Samples: Executive Employment Agreement (Savara Inc), Separation Agreement (Palladyne AI Corp.), Separation Agreement (TrueCar, Inc.)

Breach. In addition to the rights provided in the “Attorneys’ Fees” section below, Employee acknowledges and agrees that any material breach of this Agreement, [unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, ,] or of any provision of the Confidentiality Agreement shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damages, [except as provided by law].

Appears in 10 contracts

Samples: Executive Employment Agreement (Savara Inc), Executive Employment Agreement (Savara Inc), Executive Employment Agreement (Savara Inc)

Breach. In addition to the rights provided in the “Attorneys’ Fees” section below, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damages, except as provided by law.

Appears in 10 contracts

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

Breach. In addition to the rights provided in the “Attorneys’ Fees” section below, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement Agreement, shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damages, except as provided by law.

Appears in 4 contracts

Samples: Separation Agreement (Maxlinear, Inc), Separation Agreement (UpHealth, Inc.), Separation Agreement (Poshmark, Inc.)

Breach. In addition to the rights provided in the “Attorneys’ Fees” section below, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damagesAgreement, except as provided by law.

Appears in 3 contracts

Samples: Separation Agreement (Maxlinear Inc), Separation Agreement (Sipex Corp), Separation Agreement (Utstarcom Inc)

Breach. In addition to the rights provided in the “Attorneys’ Fees” section below, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damages, except as provided by law.

Appears in 3 contracts

Samples: Transition Agreement and Release (Affirm Holdings, Inc.), Transition, Separation and General Release Agreement (Appdynamics Inc), Transition, Separation and General Release Agreement (Appdynamics Inc)

Breach. In addition to the rights provided in the “Attorneys’ Fees” section below, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement Agreement, shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damages, except as provided by law.

Appears in 3 contracts

Samples: Transition Services Agreement (Sagimet Biosciences Inc.), Separation Agreement (aTYR PHARMA INC), Transition Employment Letter (Zillow Group, Inc.)

Breach. In addition to the rights provided in the "Attorneys' Fees" section below, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement shall will entitle the Company immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damages, except as provided by law.

Appears in 2 contracts

Samples: Separation Agreement (Telenav, Inc.), Separation Agreement (Cavitation Technologies, Inc.)

Breach. In addition to the rights provided in the “Attorneys’ Fees” section below, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement shall entitle the Company immediately to recover and/or cease providing injunctive relief without a bond (or the consideration provided to Employee lowest bond permissible under this Agreement applicable law), other appropriate remedies, and to obtain damages, except as provided by law.

Appears in 2 contracts

Samples: Transition Agreement and Release (Modsys International LTD), Separation Agreement (Modsys International LTD)

Breach. In addition to the rights provided in the “Attorneys’ Fees” section Section below, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement ADEA shall entitle the Company and Parent immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damages, except as provided by law.

Appears in 2 contracts

Samples: Separation Agreement (Talend S.A.), Separation Agreement (Fabrinet)

Breach. In addition to the rights provided in the “Attorneys’ Fees” section below, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement shall will entitle the Company immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damages, except as provided by law.

Appears in 2 contracts

Samples: Separation Agreement (Audience Inc), Separation Agreement (Audience Inc)

Breach. In addition to the rights provided in the “Attorneys’ Fees” section paragraph below, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement Agreement, shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damages, except as provided by law.

Appears in 1 contract

Samples: Separation Agreement (Block, Inc.)

Breach. In addition to the rights provided in the “Attorneys’ Fees” section below, Employee acknowledges and agrees that any material breach of this Agreement, Agreement unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement Agreement, shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damagesdamages as determined by an arbitrator or court of competent jurisdiction, except as provided by law. 17.

Appears in 1 contract

Samples: Separation Agreement (Silvaco Group, Inc.)

Breach. In addition to the rights provided in the “Attorneys’ Fees” section below, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damages, except as provided by law.

Appears in 1 contract

Samples: Separation Agreement (MedAvail Holdings, Inc.)

Breach. In addition to the rights provided in the “Attorneys’ Fees” section below, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement shall entitle the Company immediately to recover seek recovery of and/or cease providing the consideration provided to Employee under this Agreement and to obtain damages, except as provided by law.

Appears in 1 contract

Samples: Separation Agreement (Zymeworks Inc.)

Breach. In addition to Notwithstanding the rights provisions provided in the “Attorneys’ Fees” section below, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee under this Agreement Agreement, to recover such consideration already provided and to obtain damages, except as provided by law.

Appears in 1 contract

Samples: Separation Agreement (Aerohive Networks, Inc)

Breach. In addition to the rights provided in the "Attorneys' Fees" section below, . Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damages, except as provided by law.

Appears in 1 contract

Samples: Mutual Separation Agreement (Gigamon Inc.)

Breach. In addition to the rights provided in the “Attorneys’ Fees” section below, Employee Individual acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee Individual challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee Individual under this Agreement and to obtain damages, except as provided by law.

Appears in 1 contract

Samples: Separation Agreement (Arbitron Inc)

Breach. In addition to the rights provided in the “Attorneys’ Fees” section Section below, Employee acknowledges and agrees that any material breach of this Separation Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee under this Separation Agreement and to obtain damages, except as provided by law.

Appears in 1 contract

Samples: Transition Agreement (Udemy, Inc.)

Breach. In addition to the rights provided in under paragraph 26 below (the “Attorneys’ Fees” section belowsection), Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damages, except as provided by law.

Appears in 1 contract

Samples: Separation Agreement (Peekay Boutiques, Inc.)

Breach. In addition to the rights provided in the “Attorneys’ Fees” section below, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the any waiver herein under the ADEA, or of any provision of the Confidentiality Agreement shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damagesAgreement, except as provided by law.

Appears in 1 contract

Samples: Separation Agreement (Avi Biopharma Inc)

Breach. In addition to the rights provided in the “Attorneys’ Fees” section Section below, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement Agreement, shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damages, except as provided by law.

Appears in 1 contract

Samples: Separation Agreement (Aurora Innovation, Inc.)

Breach. In addition to the rights provided in the “Attorneys’ Fees” section below, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision -7- of the Confidentiality Agreement shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damages, except as provided by law. 00.

Appears in 1 contract

Samples: Transition Agreement and Release

Breach. In addition to the rights provided in the “Attorneys’ Fees” section below, . Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement ADEA shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damages, except as provided by lawby.

Appears in 1 contract

Samples: Separation Agreement (Ubiquiti Networks, Inc.)

Breach. In addition to the rights provided in the “Attorneys’ Fees” section belowabove, Employee acknowledges you acknowledge and agrees agree that any material breach of this Agreement, unless such breach constitutes a legal action by Employee you challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee you under this Agreement and to obtain damages, except as provided prohibited by law.

Appears in 1 contract

Samples: Separation Agreement (Quotient Technology Inc.)

Breach. In addition to the rights provided in the “Attorneys’ Fees” section below, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement shall entitle the Company Group immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damages, except as provided by law.

Appears in 1 contract

Samples: Separation Agreement (Fabrinet)

Breach. In addition to the rights provided in the “Attorneys’ Fees” section below, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement (other than any post-employment non-solicitation provision contained therein) shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damages, except as provided by law.

Appears in 1 contract

Samples: Separation Agreement (Carmot Therapeutics Inc.)

Breach. In addition to the rights provided in the “Attorneys’ Fees” section below, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEAADEA Waiver, or of any provision of the Confidentiality Agreement shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damages, except as provided by law.

Appears in 1 contract

Samples: Separation Agreement (Quotient Technology Inc.)

Breach. In addition to the rights provided in under the “Attorneys’ Fees” section below, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of Consulting Agreement or the Confidentiality Agreement shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damages, except as provided by law.

Appears in 1 contract

Samples: Separation Agreement (Upland Software, Inc.)

Breach. In addition to the rights provided in the “Attorneys’ Fees” section below, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Employment Agreement shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damages, except as provided by law.

Appears in 1 contract

Samples: Separation Agreement (Servicesource International, Inc.)

Breach. In addition to the rights provided in the “Attorneys’ Fees” section below, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damages, except as provided by law.

Appears in 1 contract

Samples: Separation Agreement (MedAvail Holdings, Inc.)

Breach. In addition to the rights provided in the “Attorneys’ Fees” section below, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damages, except as otherwise provided by law.

Appears in 1 contract

Samples: Separation Agreement (Fabrinet)

Breach. In addition to the rights provided in the “Attorneys’ Fees” section below, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein in this Agreement or the Supplemental Release under the ADEA, or of any provision of the Confidentiality Agreement or the Advisory Agreement shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and the Supplemental Release and to obtain damages, except as provided by law.

Appears in 1 contract

Samples: Transition Agreement and Release (Recursion Pharmaceuticals, Inc.)

Breach. In addition to the rights provided in the “Attorneys’ Fees” section Section below, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement Agreement, shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damages, except as provided by law.

Appears in 1 contract

Samples: Separation Agreement (Ventyx Biosciences, Inc.)

Breach. In addition to the rights provided in the “Attorneys’ Fees” section below, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement (except as amended herein) shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damages, except as provided by law.

Appears in 1 contract

Samples: Separation Agreement (Alpine Immune Sciences, Inc.)

Breach. In addition to the rights provided in under the “Attorneys’ Fees” section paragraph below, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damages, except as provided by law.

Appears in 1 contract

Samples: Separation Agreement (Rackspace Hosting, Inc.)

Breach. In addition to the rights provided in the “Attorneys’ Fees” section below, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement and/or Section 10 of this Agreement shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damages, except as provided by law.

Appears in 1 contract

Samples: Separation and Release of Claims Agreement (Flir Systems Inc)

Breach. In addition to the rights provided in the “Attorneys’ Fees” section below, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damages, except as provided by law.5

Appears in 1 contract

Samples: Separation Agreement (Cti Biopharma Corp)

Breach. In addition to the rights provided in under paragraph 25 below (the “Attorneys’ Fees” section belowsection), Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damages, except as provided by law.

Appears in 1 contract

Samples: Transition Agreement and Release (Bazaarvoice Inc)

Breach. In addition to the rights provided in the “Attorneys’ Fees” section below, Employee acknowledges you acknowledge and agrees agree that any material breach of this Agreement, unless such breach constitutes a legal action by Employee you challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or any material breach of any provision of the Confidentiality Agreement shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee you under this Agreement and to obtain damages, except as provided by law.

Appears in 1 contract

Samples: Resignation and Release Agreement (iRhythm Technologies, Inc.)

Breach. In addition to the rights provided in the “Attorneys’ Fees” section below, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, . or of any provision of the Confidentiality Agreement Agreement, shall entitle the Company immediately to recover and/or cease providing injunctive relief without a bond (or the consideration provided to Employee lowest bond permissible under this Agreement applicable law), other appropriate remedies, and to obtain damages, except as provided by law.

Appears in 1 contract

Samples: Transition Agreement and Release (Modsys International LTD)

Breach. In addition to the rights provided in the “Attorneys’ Fees” section below, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement Agreement, shall result in Employee’s forfeiture of, and shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damages, except as provided by law.. ​

Appears in 1 contract

Samples: Separation Agreement (Canoo Inc.)

Breach. In addition to the rights provided in the “Attorneys’ Fees” section below, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement shall entitle the Company and/or AbCellera immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damages, except as provided by law.

Appears in 1 contract

Samples: Separation Agreement (AbCellera Biologics Inc.)

Breach. In addition to the rights provided in the “Attorneys’ Fees” section below, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement shall entitle the Company Company, Parent, or RE2 immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damages, except as provided by law.

Appears in 1 contract

Samples: Separation Agreement (Sarcos Technology & Robotics Corp)

Breach. In addition to the rights provided in the “Attorneys’ Fees” section below, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or of any provision of the Confidentiality Agreement Agreement, shall entitle the Company immediately seek to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damages, except as provided by law.

Appears in 1 contract

Samples: Separation Agreement (Maxlinear, Inc)