No Interference with Rights. I understand that nothing in this Release and Waiver, shall be construed to prohibit me from: (a) filing a charge with, or participating or cooperating in any investigation or proceeding conducted by, the National Labor Relations Board, Equal Employment Opportunity Commission, the Securities and Exchange Commission, Department of Labor and/or any federal, state or local agency, including providing documents or any other information, or (b) challenging the validity of this Agreement under the ADEA or the OWBPA, or (c) exercising rights under Section 7 of the NLRA to engage in protected, concerted activity with other employees, although by signing this Release and Waiver, I understand that I am waiving my right to receive individual relief based on claims asserted in any such charges or complaints, except for any right I may have to receive a payment from a government agency (and not the Company) for information provided to the government agency. I understand that my release of claims as contained in this Release and Waiver does not extend to any rights I may have under any laws governing the filing of claims for unemployment, disability insurance and/or workers’ compensation benefits. I further understand that nothing herein shall preclude me from: (a) challenging any failure by the Company to comply with its promises to make payment and provide other consideration as set forth in this Release and Waiver or (b) seeking any vested rights or benefits to which I am legally entitled pursuant to any Company sponsored benefit plan. I acknowledge that, except as specifically provided in this Release and Waiver, I am not entitled to any other further compensation or benefits of any kind based on my employment at the Company, except as otherwise set forth above and in the Employment Agreement. I further acknowledge and agree that I have not suffered any on-the-job injury for which I have not already filed a claim. I acknowledge that, among other rights, if I am age 40 or older, I am waiving and releasing any rights I may have under ADEA, that this Release and Waiver is knowing and voluntary, and that the consideration given for this Release and Waiver is not something to which I was otherwise entitled. Pursuant to the OWBPA, I have been advised: (1) to consult an attorney regarding this Release and Waiver before executing it, including whether to sign it; (2) I am waiving rights or claims which may be waived by law in exchange for valuable consideration; (3) that rights or claims, including those arising under the ADEA, that may arise after the date this Release and Waiver is executed are not waived; (4) that I have twenty-one (21) days from the date of receipt of this Release and Waiver to sign and return it (“Consideration Period”); (5) that changes, whether material or immaterial, do not restart the running of the Consideration Period; (6) that I may sign this Release and Waiver before the end of the Consideration Period. If I sign this Release and Waiver before the end of the Consideration period, it is because I freely chose to do so after carefully considering its terms, and I am knowingly and voluntarily waiving the remainder of the Consideration Period. I further agree that the Company has made no threats or promises to induce me to sign this Release and Waiver earlier; (7) that at any time within seven (7) days after executing this Release and Waiver, I may revoke it. If the revocation period expires on a weekend or holiday, I will have until the end of the next business day to revoke; and (8) that if I do not revoke this Release and Waiver within the Revocation Period, it will become final, binding and effective on the day after the end of the Revocation Period. Dr. Xxxx Xxxxxx ProSomnus Sleep Technologies, Inc. By: Date: _________________ Date: ________________
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No Interference with Rights. Notwithstanding the foregoing, I understand that the following rights or claims are not included in my Release (the “Excluded Claims”): (a) any rights or claims for indemnification I may have pursuant to any fully executed indemnification agreement with the Company or its affiliate to which I am a party; the charter, bylaws, or operating agreements of the Company or its affiliate; or under applicable law; (b) any rights or claims which cannot be waived as a matter of law; or (c) any claims for breach of the Employment Agreement arising after the date that I sign this Release. In addition, I understand that nothing in this Release and Waiverprevents me from filing, shall be construed to prohibit me from: (a) filing a charge cooperating with, or participating or cooperating in any investigation or proceeding conducted by, before the National Labor Relations Board, Equal Employment Opportunity Commission, the Securities and Exchange Commission, Department of Labor, National Labor and/or Relations Board, the Securities Exchange Commission (the “SEC”) or any other federal, state or local government agency, including providing documents except that I hereby waive my right to any monetary benefits in connection with any such claim, charge or proceeding other than a monetary award payable by the SEC in connection with the disclosure of possible legal violations. The Company is not permitted to retaliate against me for any such filing, cooperation or participation, and I am not required to inform or otherwise give notice to the Company in connection with any such filing, cooperation or participation. I hereby represent and warrant that, other informationthan the Excluded Claims, I am not aware of any claims I have or (b) challenging might have against the validity of Released Parties that are not included in the Released Claims. I understand that nothing in this Agreement under the ADEA or the OWBPA, or (c) Release limits me from exercising rights under Section 7 of the NLRA to engage in protected, concerted activity with other employees, although by signing this Release and Waiver, I understand that I am waiving my right rights to receive individual relief based on claims asserted (including backpay, frontpay, reinstatement or other legal or equitable relief) in any such charges charge, complaint, or complaintslawsuit or other proceeding brought by me or on my behalf by any third party, except for any right I may have to receive a payment or award from a government agency (and not the Company) for information provided to the government agency. I understand that my release of claims as contained in this Release and Waiver does not extend to any rights I may have under any laws governing the filing of claims for unemployment, disability insurance and/or workers’ compensation benefits. I further understand that nothing herein shall preclude me from: (a) challenging any failure by the Company to comply with its promises to make payment and provide other consideration as set forth in this Release and Waiver agency or (b) seeking any vested rights or benefits to which I am legally entitled pursuant to any Company sponsored benefit plan. I acknowledge that, except as specifically provided in this Release and Waiver, I am not entitled to any other further compensation or benefits of any kind based on my employment at the Company, except as otherwise set forth above and in the Employment Agreement. I further acknowledge and agree that I have not suffered any on-the-job injury for which I have not already filed a claim. I acknowledge that, among other rights, if I am age 40 or older, I am waiving and releasing any rights I may have under ADEA, that this Release and Waiver is knowing and voluntary, and that the consideration given for this Release and Waiver is not something to which I was otherwise entitled. Pursuant to the OWBPA, I have been advised: (1) to consult an attorney regarding this Release and Waiver before executing it, including whether to sign it; (2) I am waiving rights or claims which may be waived by law in exchange for valuable consideration; (3) that rights or claims, including those arising under the ADEA, that may arise after the date this Release and Waiver is executed are not waived; (4) that I have twenty-one (21) days from the date of receipt of this Release and Waiver to sign and return it (“Consideration Period”); (5) that changes, whether material or immaterial, do not restart the running of the Consideration Period; (6) that I may sign this Release and Waiver before the end of the Consideration Period. If I sign this Release and Waiver before the end of the Consideration period, it is because I freely chose to do so after carefully considering its terms, and I am knowingly and voluntarily waiving the remainder of the Consideration Period. I further agree that the Company has made no threats or promises to induce me to sign this Release and Waiver earlier; (7) that at any time within seven (7) days after executing this Release and Waiver, I may revoke it. If the revocation period expires on a weekend or holiday, I will have until the end of the next business day to revoke; and (8) that if I do not revoke this Release and Waiver within the Revocation Period, it will become final, binding and effective on the day after the end of the Revocation Period. Dr. Xxxx Xxxxxx ProSomnus Sleep Technologies, Inc. By: Date: _________________ Date: ________________ where prohibited.
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No Interference with Rights. I understand that nothing in this Release and Waiver, shall be construed to prohibit me from: (a) filing a charge with, or participating or cooperating in any investigation or proceeding conducted by, the National Labor Relations Board, Equal Employment Opportunity Commission, the Securities and Exchange Commission, Department of Labor and/or any federal, state or local agency, including providing documents or any other information, or (b) challenging the validity of this Agreement under the ADEA or the OWBPA, or (c) exercising rights under Section 7 of the NLRA to engage in protected, concerted activity with other employees, although by signing this Release and Waiver, I understand that I am waiving my right to receive individual relief based on claims asserted in any such charges or complaints, except for any right I may have to receive a payment from a government agency (and not the Company) for information provided to the government agency. I understand that my release of claims as contained in this Release and Waiver does not extend to any rights I may have under any laws governing the filing of claims for unemployment, disability insurance and/or workers’ compensation benefits. I further understand that nothing herein shall preclude me from: (a) challenging any failure by the Company to comply with its promises to make payment and provide other consideration as set forth in this Release and Waiver or (b) seeking any vested rights or benefits to which I am legally entitled pursuant to any Company sponsored benefit plan. I acknowledge that, except as specifically provided in this Release and Waiver, I am not entitled to any other further compensation or benefits of any kind based on my employment at the Company, except as otherwise set forth above and in the Employment Agreement. I further acknowledge and agree that I have not suffered any on-the-job injury for which I have not already filed a claim. I acknowledge that, among other rights, if I am age 40 or older, I am waiving and releasing any rights I may have under ADEA, that this Release and Waiver is knowing and voluntary, and that the consideration of my continued employment given for this Release and Waiver is not something to which I was otherwise entitled. Pursuant to the OWBPA, I have been advised: (1) to consult an attorney regarding this Release and Waiver before executing it, including whether to sign it; (2) I am waiving rights or claims which may be waived by law in exchange for valuable consideration; (3) that rights or claims, including those arising under the ADEA, that may arise after the date this Release and Waiver is executed are not waived; (4) that I have twenty-one (21) days from the date of receipt of this Release and Waiver to sign and return it (“Consideration Period”); (5) that changes, whether material or immaterial, do not restart the running of the Consideration Period; (6) that I may sign this Release and Waiver before the end of the Consideration Period. If I sign this Release and Waiver before the end of the Consideration period, it is because I freely chose to do so after carefully considering its terms, and I am knowingly and voluntarily waiving the remainder of the Consideration Period. I further agree that the Company has made no threats or promises to induce me to sign this Release and Waiver earlier; (7) that at any time within seven (7) days after executing this Release and Waiver, I may revoke it. If the revocation period expires on a weekend or holiday, I will have until the end of the next business day to revoke; and (8) that if I do not revoke this Release and Waiver within the Revocation Period, it will become final, binding and effective on the day after the end of the Revocation Period. Dr. Xxxx Xxxxxx ProSomnus Sleep Technologies, Inc. COMPANY By: Date: ____________________ Date: ____________________ EXHIBIT B PROPRIETARY INFORMATION AND INVENTIONS AGREEMENT (Dated August 27, 2017) PROPRIETARY INFORMATION AND INVENTIONS AGREEMENT (Dated_________) EMPLOYEE CONFIDENTIALITY AGREEMENT (Dated_________) B
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No Interference with Rights. I understand You understand, agree and acknowledge that nothing contained in this Release and Waiver, shall be construed to prohibit me from: (a) Agreement will prevent you from filing a charge or complaint with, reporting possible violations of any law or regulation, making disclosures to, and/or participating or cooperating in any investigation or proceeding conducted by, the National Labor Relations Board, Equal Employment Opportunity Commission, the Securities and Exchange Commission, Department of Labor and/or any federal, state or local agencygovernmental authority charged with the enforcement of any laws, including providing any documents or information to any other informationsuch agencies, or (b) challenging the validity of this Agreement under the ADEA or the OWBPAfrom truthfully testifying in any arbitration, administrative agency, or (c) exercising rights under Section 7 of the NLRA to engage in protected, concerted activity with other employeeslegal proceeding, although by signing this Release and Waiver, I understand that I am Agreement you are waiving my right rights to receive individual relief based on claims asserted in any such charges a charge or complaintscomplaint, except where such a waiver of individual relief is prohibited and except for any right I you may have to receive a payment from a government agency (and not the CompanyCompany Releasees) for information provided to the government agency. I understand , and you agree that my release of claims the consideration you will receive as contained in this Release and Waiver does not extend to any rights I may have under any laws governing the filing of claims for unemployment, disability insurance and/or workers’ compensation benefits. I further understand that nothing herein shall preclude me from: (a) challenging any failure by the Company to comply with its promises to make payment and provide other consideration as set forth in this Release and Waiver or (b) seeking any vested rights or benefits to which I am legally entitled pursuant to any Company sponsored benefit plan. I acknowledge that, except as specifically provided in this Release Agreement fully and Waivercompletely satisfies any and all such individual claims for relief. If the terms of this Agreement are acceptable to you, I am please sign, date and return it to me no later than forty-five (45) days after receiving it. You may revoke this Agreement at any time during the seven-day period immediately following the date of your signing. If you do not entitled to any other further compensation or benefits revoke it, then, at the expiration of any kind based on my employment at that seven-day period, this letter will take effect as a legally-binding agreement between you and the Company, except as otherwise subject to the conditions set forth above above. The enclosed copy of this letter, which you should also sign and in the Employment Agreementdate, is for your records. Sincerely, AGENUS INC. By: /s/ Garo Axxxx Xxxx Axxxx Chief Executive Officer I further acknowledge and agree that REPRESENT THAT I have not suffered any on-the-job injury for which HAVE READ THE FOREGOING AGREEMENT, THAT I have not already filed a claimFULLY UNDERSTAND THE TERMS AND CONDITIONS OF SUCH AGREEMENT AND THAT I AM KNOWINGLY AND VOLUNTARILY EXECUTING THE SAME. I acknowledge that, among other rights, if I am age 40 or olderIN ENTERING INTO THIS AGREEMENT, I am waiving and releasing any rights I may have under ADEADO NOT RELY ON ANY REPRESENTATION, that this Release and Waiver is knowing and voluntaryPROMISE OR INDUCEMENT MADE BY THE COMPANY OR ITS REPRESENTATIVES WITH THE EXCEPTION OF THE CONSIDERATION DESCRIBED IN THIS DOCUMENT. ACCEPTED AND AGREED: Printed Name: Rxxxxx X. Xxxxx, and that the consideration given for this Release and Waiver is not something to which I was otherwise entitled. Pursuant to the OWBPAMD, I have been advisedPhD Signature: (1) to consult an attorney regarding this Release and Waiver before executing it, including whether to sign it; (2) I am waiving rights or claims which may be waived by law in exchange for valuable consideration; (3) that rights or claims, including those arising under the ADEA, that may arise after the date this Release and Waiver is executed are not waived; (4) that I have twenty-one (21) days from the date of receipt of this Release and Waiver to sign and return it (“Consideration Period”); (5) that changes, whether material or immaterial, do not restart the running of the Consideration Period; (6) that I may sign this Release and Waiver before the end of the Consideration Period. If I sign this Release and Waiver before the end of the Consideration period, it is because I freely chose to do so after carefully considering its terms, and I am knowingly and voluntarily waiving the remainder of the Consideration Period. I further agree that the Company has made no threats or promises to induce me to sign this Release and Waiver earlier; (7) that at any time within seven (7) days after executing this Release and Waiver, I may revoke it. If the revocation period expires on a weekend or holiday, I will have until the end of the next business day to revoke; and (8) that if I do not revoke this Release and Waiver within the Revocation Period, it will become final, binding and effective on the day after the end of the Revocation Period. Dr. Xxxx Xxxxxx ProSomnus Sleep Technologies, Inc. By: /s/ Rxxxxx X. Xxxxx Date: _________________ Date: ________________ March 29, 2017
Appears in 1 contract
Samples: Letter Agreement (Agenus Inc)
No Interference with Rights. I understand The Parties agree that nothing in this Release and Waiver, Agreement shall be construed to prohibit me from: (a) you from challenging illegal conduct and/or engaging in protected and/or concerted activity, including without limitation filing a charge or complaint with, or and/or participating or cooperating in any investigation or proceeding conducted by, the National Labor Relations Board, the Equal Employment Opportunity Commission, the Securities and Exchange Commission, Department of Labor the Occupational Safety and Health Administration, and/or any other federal, state or local government agency. Further, the Parties agree that nothing in this Agreement shall be construed or deemed to interfere with any protected right to file a charge or complaint with any applicable federal, state or local governmental administrative agency charged with enforcement of any law, or with any protected right to participate in an investigation or proceeding conducted by such administrative agency, including providing documents or to recover any other informationaward offered by such administrative agency associated with such charge or complaint. However, or (b) challenging the validity of this Agreement under the ADEA or the OWBPA, or (c) exercising rights under Section 7 of the NLRA to engage in protected, concerted activity with other employees, although by signing this Release and Waiver, I Agreement you understand that I am you are waiving my your right to receive individual relief (including without limitation back pay, front pay, reinstatement or other legal or equitable relief) based on claims asserted in any such charges charge or complaintscomplaint, except where such a waiver is prohibited and except for any right I you may have to receive a payment or award from a government agency (and not the Company) for information provided to the government agency. I You understand that my your release of claims as contained in this Release and Waiver does Agreement do not extend to any rights I you may have under any laws governing the filing of claims for COBRA, unemployment, disability insurance and/or workers’ compensation benefits. I You further understand that nothing herein shall preclude me be construed to prohibit you from: (a) challenging any the Company’s failure by the Company to comply with its promises to make payment and provide other consideration as set forth in under this Release and Waiver or Agreement; (b) seeking asserting your right to any vested rights or benefits to which I am legally you are entitled pursuant to the terms of the applicable plans and/or applicable law; and, (c) asserting any Company sponsored benefit plan. I acknowledge that, except as specifically provided in this Release and Waiver, I am claim that cannot entitled to any other further compensation or benefits of any kind based on my employment at the Company, except as otherwise set forth above and in the Employment Agreement. I further acknowledge and agree that I have not suffered any on-the-job injury for which I have not already filed a claim. I acknowledge that, among other rights, if I am age 40 or older, I am waiving and releasing any rights I may have under ADEA, that this Release and Waiver is knowing and voluntary, and that the consideration given for this Release and Waiver is not something to which I was otherwise entitled. Pursuant to the OWBPA, I have been advised: (1) to consult an attorney regarding this Release and Waiver before executing it, including whether to sign it; (2) I am waiving rights or claims which may lawfully be waived by law private agreement, (d) exercising your rights under Section 7 of the National Labor Relations Act to engage in exchange for valuable considerationprotected, concerted activity with other employees; and/or (3e) that rights or claims, including those arising under the ADEA, asserting any claim that may arise after the date this Release and Waiver is executed are not waived; (4) that I have twenty-one (21) days from the date of receipt of this Release and Waiver to sign and return it (“Consideration Period”); (5) that changes, whether material or immaterial, do not restart the running of the Consideration Period; (6) that I may sign this Release and Waiver before the end of the Consideration Period. If I sign this Release and Waiver before the end of the Consideration period, it is because I freely chose to do so after carefully considering its terms, and I am knowingly and voluntarily waiving the remainder of the Consideration Period. I further agree that the Company has made no threats or promises to induce me to sign this Release and Waiver earlier; (7) that at any time within seven (7) days after executing this Release and Waiver, I may revoke it. If the revocation period expires on a weekend or holiday, I will have until the end of the next business day to revoke; and (8) that if I do not revoke this Release and Waiver within the Revocation Period, it will become final, binding and effective on the day after the end of the Revocation Period. Dr. Xxxx Xxxxxx ProSomnus Sleep Technologies, Inc. By: Date: _________________ Date: ________________ Agreement was signed.
Appears in 1 contract
Samples: Sweetgreen, Inc.
