Common use of Older Workers Benefit Protection Act Clause in Contracts

Older Workers Benefit Protection Act. This Agreement is intended to satisfy the requirements of the Older Workers’ Benefit Protection Act, 29 U.S.C. sec. 626(f). The following general provisions, along with the other provisions of this Agreement, are agreed to for this purpose: 8.1. XXXXXXX acknowledges and agrees that he has read and understands the terms of this Agreement. 8.2. XXXXXXX acknowledges that this Agreement advises him in writing that he may consult with an attorney before executing this Agreement, and that he has obtained and considered such legal counsel as he deems necessary, such that he is entering into this Agreement freely, knowingly, and voluntarily. 8.3. XXXXXXX acknowledges that he has been given at least twenty-one (21) days in which to consider whether or not to enter into this Agreement. XXXXXXX understands that, at his option, he may elect not to use the full 21-day period. 8.4. This Agreement shall not become effective or enforceable until the eighth day after XXXXXXX signs this Agreement. XXXXXXX may revoke his acceptance of this Agreement within seven (7) days after the date he signs it. XXXXXXX’x revocation must be in writing and received by Defendants’ counsel, Xxxxxxx X. Xxxxxx, by 5:00 p.m. on the seventh day in order to be effective. If XXXXXXX does not revoke acceptance within the seven (7) day period, XXXXXXX’x acceptance of this Agreement shall become binding and enforceable on the eighth day (“Effective Date”). 8.5. This Agreement does not waive or release any rights or claims that XXXXXXX may have under the Age Discrimination in Employment Act that arise after the execution of this Agreement.

Older Workers Benefit Protection Act. This Agreement is intended to satisfy the requirements of the Older Workers’ Benefit Protection Act, 29 U.S.C. sec. 626(f). The following general provisions, along with the other provisions of this Agreement, are agreed to for this purpose: 8.1. XXXXXXX 11.1 Bxxx acknowledges and agrees that he has read and understands the terms of this Agreement. 8.2. XXXXXXX 11.2 Bxxx acknowledges that this Agreement advises him in writing that he may consult with an attorney before executing this Agreement, and that he has obtained and considered such legal counsel as he deems necessary, such that he is entering into this Agreement freely, knowingly, knowingly and voluntarily. 8.3. XXXXXXX 11.3 Bxxx acknowledges that he has been given at least twenty-one (21) days in which to consider whether or not to enter into this Agreement. XXXXXXX Bxxx understands that, at his option, he may elect not to use the full twenty-one (21-) day period. 8.4. This Agreement 11.4 Bxxx shall not become effective or enforceable until the eighth day after XXXXXXX signs this Agreement. XXXXXXX may revoke his acceptance of this Agreement within have seven (7) days after signing this Agreement to revoke this Agreement. This Agreement will not become effective until the date he signs itexpiration of the revocation period. XXXXXXX’x Bxxx’x revocation of this Agreement must be in writing and received by Defendants’ counselTxxxxxx Hope-Rxxxx, Xxxxxxx X. XxxxxxVice President Human Resources, by no later than 5:00 p.m. on the seventh day in order to be effective. If XXXXXXX Employee does not revoke acceptance within the seven (7) day period, XXXXXXX’x acceptance of this Agreement shall will become binding fully effective and enforceable on the eighth day after the Agreement is signed (the “Effective Date”). 8.5. This Agreement 11.5 Bxxx does not waive or release any rights or claims that XXXXXXX he may have under the Age Discrimination in Employment Act that arise after the execution of this Agreement. Bxxx is not waiving his right to file a complaint or charge with the EEOC (including a challenge to the validity of this Agreement) or participate in any investigation or proceeding conducted by the EEOC.

Older Workers Benefit Protection Act. This Agreement is intended to satisfy the requirements of the Older Workers’ Benefit Protection Act, 29 U.S.C. sec. 626(f). The following general provisions, along with the other provisions of this Agreement, are agreed to for this purpose: 8.1. XXXXXXX 7.1 Executive acknowledges and agrees that he has read and understands the terms of this Agreement. 8.2. XXXXXXX acknowledges that this Agreement advises him in writing 7.2 Executive is advised that he may should consult with an attorney before executing signing this Agreement, and Executive acknowledges that he has obtained and considered such any legal counsel as advice he deems necessary, such that he is entering into this Agreement freely, knowingly, knowingly and voluntarily. 8.3. XXXXXXX 7.3 Executive acknowledges that he has been given at least twenty-one (21) days in which to consider whether or not to enter into this Agreement. XXXXXXX Executive understands that, at his option, he Executive may elect not to use the full 21-day period. 8.4. 7.4 This Agreement shall not become effective or enforceable until the eighth day after XXXXXXX Executive signs this Agreement. XXXXXXX In other words, Executive may revoke his acceptance of this Agreement within seven (7) days after the date he signs it. XXXXXXX’x Executive's revocation must be in writing and received by Defendants’ counsel, Xxxxxxx X. Xxxxxx, Xxx XxXxxxx of Illumina by 5:00 p.m. on the seventh day in order to be effective. If XXXXXXX Executive does not revoke acceptance within the seven (7) day period, XXXXXXX’x Executive's acceptance of this Agreement shall become binding and enforceable on the eighth day (“Effective Date”). 8.5. 7.5 This Agreement does not waive or release any rights or claims that XXXXXXX Executive may have under the Age Discrimination in Employment Act that arise after the execution of this Agreement. 7.6 Executive may not sign this Agreement until after the Separation Date. If he signs this Agreement prior to the Separation Date, this Agreement shall be null and void.

Older Workers Benefit Protection Act. This Agreement is intended to satisfy the requirements of the Older Workers’ Benefit Protection Act, 29 U.S.C. sec. 626(f). The following general provisions, along with the other provisions of this Agreement, are agreed to for this purpose: 8.1. XXXXXXX acknowledges Xxxxxx agrees and agrees that he has read and understands the terms of this Agreement. 8.2. XXXXXXX expressly acknowledges that this Agreement advises him in writing that he may consult with an attorney before executing this Agreement, includes a waiver and that release of all claims which he has obtained and considered such legal counsel as he deems necessary, such that he is entering into this Agreement freely, knowingly, and voluntarily. 8.3. XXXXXXX acknowledges that he has been given at least twenty-one (21) days in which to consider whether or not to enter into this Agreement. XXXXXXX understands that, at his option, he may elect not to use the full 21-day period. 8.4. This Agreement shall not become effective or enforceable until the eighth day after XXXXXXX signs this Agreement. XXXXXXX may revoke his acceptance of this Agreement within seven (7) days after the date he signs it. XXXXXXX’x revocation must be in writing and received by Defendants’ counsel, Xxxxxxx X. Xxxxxx, by 5:00 p.m. on the seventh day in order to be effective. If XXXXXXX does not revoke acceptance within the seven (7) day period, XXXXXXX’x acceptance of this Agreement shall become binding and enforceable on the eighth day (“Effective Date”). 8.5. This Agreement does not waive or release any rights or claims that XXXXXXX may have under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621, et seq. (“ADEA”). The following terms and conditions apply to and are part of the waiver and release of the ADEA claims under this Agreement: (1) This paragraph and this Agreement are written in a manner calculated to be understood by him. (2) The waiver and release of claims under the ADEA contained in this Agreement does not cover rights or claims that may arise after the execution of date on which he signs this Agreement. (3) This Agreement provides for consideration in addition to anything of value to which he is already entitled. (4) Xxxxxx has been advised to consult an attorney before signing this Agreement. (5) Xxxxxx has been granted twenty-one (21) days after he is presented with this Agreement to decide whether or not to sign this Agreement. If he executes this Agreement prior to the expiration of such period, he does so voluntarily and after having had the opportunity to consult with an attorney, and hereby waives the remainder of the twenty-one (21) day period. (6) Xxxxxx has the right to revoke this general release within seven (7) days of signing this Agreement. In the event this general release is revoked, this Agreement will be null and void in its entirety. If he wishes to revoke this agreement, Xxxxxx shall deliver written notice stating his intent to revoke this Agreement to the Supervisor on or before 5:00 p.m. on the seventh (7th) day after the date on which he signs this Agreement.

Older Workers Benefit Protection Act. This Agreement is intended to satisfy the requirements of the Older Workers’ ' Benefit Protection Act, 29 U.S.C. sec. 626(f). The following general provisions, along with the other provisions of this Agreement, are agreed to for this purpose: 8.1. XXXXXXX 12.1 Executive acknowledges and agrees that he has read and understands the terms of this Agreementagreement. 8.2. XXXXXXX 12.2 Executive acknowledges that this Agreement advises him in writing that he may should consult with an attorney before executing this Agreement, and that he has obtained and considered such legal counsel as he deems necessary, such that he is entering into this Agreement freely, knowingly, and voluntarily. 8.3. XXXXXXX 12.3 Executive acknowledges that he has been given at least twenty-one (21) days in which to consider whether or not to enter into this Agreement. XXXXXXX Executive understands that, at his option, he Executive may elect not to use the full 21-day period. 8.4. This 12.4 Except as otherwise provided in sections 2.4 and 3.5 above, this Agreement shall not become effective or enforceable until the eighth day after XXXXXXX Executive signs this Agreement. XXXXXXX In other words, Executive may revoke his acceptance of all provisions of this Agreement, except for those rights and obligations that become effective upon execution of this Agreement as provided in sections 2.4 and 3.5 above, within seven (7) days after the date he signs it. XXXXXXX’x Executive's revocation must be in writing and received by Defendants’ counselCompany's Vice President of Human Resources, Xxxxxxx X. XxxxxxLewis J. Runchey, by 5:00 p.m. P.S.T. on the seventh day in order to be effective. If XXXXXXX does not revoke acceptance within the seven (7) day period, XXXXXXX’x acceptance of this Agreement shall become binding and enforceable on the eighth day (“Effective Date”). 8.5. This Agreement does not waive or release any rights or claims that XXXXXXX may have under the Age Discrimination in Employment Act that arise after the execution of this Agreement.xx

Older Workers Benefit Protection Act. This Agreement is intended to satisfy the requirements of the Older Workers’ Benefit Protection Act, 29 U.S.C. sec. 626(f). The following general provisions, along with the other provisions of this Agreement, are agreed to for this purpose: 8.1. XXXXXXX 6.1 Employee acknowledges and agrees that he Employee has read and understands the terms of this Agreement. 8.2. XXXXXXX 6.2 Employee acknowledges that this Agreement advises him Employee in writing that he Employee may consult with an attorney before executing this Agreement, and that he Employee has obtained and considered such legal counsel as he Employee deems necessary, such that he Employee is entering into this Agreement freely, knowingly, and voluntarily. 8.3. XXXXXXX 6.3 Employee acknowledges that he Employee has been given at least twentyforty-one five (2145) calendar days in which to consider whether or not to enter into this Agreement. XXXXXXX Employee understands that, at his Employee’s option, he Employee may elect not to use the full 2145-day period. 8.4. 6.4 This Agreement shall not become effective or enforceable until the eighth calendar day after XXXXXXX Employee signs this Agreement. XXXXXXX In other words, Employee may revoke his Employee’s acceptance of this Agreement within seven (7) calendar days after the date he Employee signs it. XXXXXXX’x Employee’s revocation must be in writing and received by Defendants’ counsel, Xxxxxxx X. Xxxxxx, by 5:00 p.m. Xxxxxxx on or before the seventh calendar day in order to be effective. If XXXXXXX Employee does not revoke acceptance within the seven (7) calendar day period, XXXXXXX’x Employee’s acceptance of this Agreement shall become binding and enforceable on the eighth calendar day (“Effective Date”). 8.5. 6.5 This Agreement does not waive or release any rights or claims that XXXXXXX Employee may have under the Age Discrimination in Employment Act that arise after the execution of this Agreement.

Older Workers Benefit Protection Act. This Agreement is intended Pursuant to satisfy the requirements of the Age Discrimination in Employment Act and Older Workers’ Workers Benefit Protection Act, 29 U.S.C. sec. 626(f). The following general provisions, along with Xxxxx acknowledges the other provisions of this Agreement, are agreed to for this purposefollowing: 8.1. XXXXXXX acknowledges X. Xxxxx has been advised and agrees that he has read and understands the terms of this Agreement. 8.2. XXXXXXX acknowledges that this Agreement advises him in writing that he may encouraged to consult with an attorney before executing signing this Agreement and has been afforded a reasonable period of time to consider this Agreement, ; B. This Agreement is written in a manner calculated to be understood by Xxxxx and that he the consideration set forth herein is in addition to anything of value to which Xxxxx already was entitled; X. Xxxxx has obtained and considered such legal counsel as he deems necessary, such that he is entering entered into this Agreement freely, knowingly, knowingly and voluntarily.voluntarily and with full knowledge and understanding of the provisions of this Agreement; 8.3. XXXXXXX acknowledges that he X. Xxxxx has been given at least a period of twenty-one calendar (21) days in from the date this Agreement is presented to his within which to consider whether or not this Agreement but that his signature on this Agreement prior to enter into this Agreement. XXXXXXX understands that, at the expiration of said period constitutes a waiver of any days remaining in said review period; and, X. Xxxxx has a period of seven (7) calendar days after his option, he may elect not to use the full 21-day period. 8.4. This Agreement shall not become effective or enforceable until the eighth day after XXXXXXX signs this Agreement. XXXXXXX may revoke his acceptance execution of this Agreement within seven (7) days after the date he signs it. XXXXXXX’x which to revoke this Agreement, but that such revocation must be in writing and actually received by Defendants’ counselCompany (addressed to the attention of Vice President, Xxxxxxx X. Xxxxxx, by 5:00 p.m. on Human Resources) prior to the seventh day in order to be effective. If XXXXXXX does not revoke acceptance within expiration of the seven (7) calendar-day perioddeadline. If Xxxxx does timely revoke this Agreement, XXXXXXX’x acceptance of it shall become null and void. Otherwise, this Agreement shall become binding and enforceable on becomes effective upon the eighth expiration of the seven (7) calendar-day revocation period (the “Effective Date”). 8.5. This Agreement does not waive or release any rights or claims that XXXXXXX may have under the Age Discrimination in Employment Act that arise after the execution of this Agreement.

Older Workers Benefit Protection Act. This Agreement is intended to satisfy the requirements of the Older Workers’ Benefit Protection Act, 29 U.S.C. sec. 626(f). The following general provisions, along with the other provisions of this Agreement, are agreed to for this purpose: 8.1. XXXXXXX XXXXXX acknowledges and agrees that he has read and understands the terms of this Agreement. 8.2. XXXXXXX XXXXXX acknowledges that this Agreement advises him in writing that he may consult with an attorney before executing this Agreement, and that he has obtained and considered such legal counsel as he deems necessary, such that he is entering into this Agreement freely, knowingly, and voluntarily. 8.3. XXXXXXX XXXXXX acknowledges that he has been given at least twenty-one (21) days in which to consider whether or not to enter into this Agreement. XXXXXXX XXXXXX understands that, at his option, he may elect not to use the full 21-day period. 8.4. This Agreement shall not become effective or enforceable until the eighth day after XXXXXXX XXXXXX signs this Agreement. XXXXXXX XXXXXX may revoke his acceptance of this Agreement within seven (7) days after the date he signs it. XXXXXXX’x XXXXXX’x revocation must be in writing and received by Defendants’ counsel, Xxxxxxx X. Xxxxxx, by 5:00 p.m. on the seventh day in order to be effective. If XXXXXXX XXXXXX does not revoke acceptance within the seven (7) day period, XXXXXXX’x XXXXXX’x acceptance of this Agreement shall become binding and enforceable on the eighth day (“Effective Date”). 8.5. This Agreement does not waive or release any rights or claims that XXXXXXX XXXXXX may have under the Age Discrimination in Employment Act that arise after the execution of this Agreement.

Older Workers Benefit Protection Act. This Agreement is intended to satisfy the requirements of the Older Workers’ Benefit Protection Act, 29 U.S.C. sec. 626(f). The following general provisions, along with the other provisions of Xxxxxxxx acknowledges that by signing this Agreement, are agreed to for this purpose: 8.1he is releasing any claims that he may have had under the Age Discrimination in Employment Act arising on or before the date of the Agreement. XXXXXXX Xxxxxxxx acknowledges and agrees that he has read and understands the terms of this Agreement. 8.2. XXXXXXX acknowledges that this Agreement advises him been advised in writing that he may to consult with an attorney before executing and has been given a fair opportunity to consult with an attorney, prior to execution of this Agreement, . Xxxxxxxx acknowledges and that he has obtained and considered such legal counsel as he deems necessary, such that he is entering into this Agreement freely, knowingly, and voluntarily. 8.3. XXXXXXX acknowledges agrees that he has been given at least twenty-one (21) days in which to consider whether or not to enter into this Agreement. XXXXXXX understands that, at his option, he may elect not Xxxxxxxx waives the twenty‑one (21) day period in which to use the full 21-day period. 8.4. This Agreement shall not become effective or enforceable until the eighth day after XXXXXXX signs consider this Agreement. XXXXXXX Xxxxxxxx further acknowledges that (i) he may revoke his acceptance of this Agreement by notifying CB&I in writing (by delivery of written notice as set forth in paragraph 12) within seven (7) days after the date he signs it. XXXXXXX’x revocation and returns this Agreement; (ii) if Xxxxxxxx timely revokes his acceptance, he will not be eligible for and will not receive the Separation Payments set forth in paragraph 2; and (ii) after seven (7) days have expired, if Xxxxxxxx has decided not to revoke this Agreement, he must be in writing execute and received by Defendants’ counselreturn the Acknowledgement of Decision Not to Revoke to Executive Vice President and Chief Administrative Officer, Xxxxxxx X. Xxxx Xxxxxx, 2103 54716732 - 0 - Xxxxxxxx Xxxxxx Xx., Xxx Xxxxxxxxx, Xxxxx 00000. Xxxxxxxx understands this Agreement is void ab initio if he fails to return the executed Agreement by 5:00 p.m. on January 5, 2017. Xxxxxxxx further understands the seventh day in order to be effective. If XXXXXXX does not revoke acceptance within the seven (7) day period, XXXXXXX’x acceptance terms and conditions of this Agreement shall become binding and enforceable on the eighth day (“Effective Date”). 8.5. This Agreement does not waive or release any rights or claims that XXXXXXX may have under the Age Discrimination in Employment Act that arise after the execution of release, agrees to abide by this Agreement, and knowingly and voluntarily executes it without hidden reservations.

Older Workers Benefit Protection Act. This Agreement is intended to satisfy the requirements of the Older Workers’ Benefit Protection Act, 29 U.S.C. sec. 626(f). The following general provisions, along with the other provisions of this Agreement, are agreed to for this purpose: 8.1. XXXXXXX acknowledges Employee agrees and agrees that he has read and understands the terms of this Agreement. 8.2. XXXXXXX expressly acknowledges that this Agreement advises him in writing that he may consult with an attorney before executing this Agreement, includes a waiver and that release of all claims which he has obtained and considered such legal counsel as he deems necessary, such that he is entering into this Agreement freely, knowingly, and voluntarily. 8.3. XXXXXXX acknowledges that he has been given at least twenty-one (21) days in which to consider whether or not to enter into this Agreement. XXXXXXX understands that, at his option, he may elect not to use the full 21-day period. 8.4. This Agreement shall not become effective or enforceable until the eighth day after XXXXXXX signs this Agreement. XXXXXXX may revoke his acceptance of this Agreement within seven (7) days after the date he signs it. XXXXXXX’x revocation must be in writing and received by Defendants’ counsel, Xxxxxxx X. Xxxxxx, by 5:00 p.m. on the seventh day in order to be effective. If XXXXXXX does not revoke acceptance within the seven (7) day period, XXXXXXX’x acceptance of this Agreement shall become binding and enforceable on the eighth day (“Effective Date”). 8.5. This Agreement does not waive or release any rights or claims that XXXXXXX may have under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621, et seq. (“ADEA”). The following terms and conditions apply to and are part of the waiver and release of the ADEA claims under this Agreement: (1) This Section and this Agreement are written in a manner calculated to be understood by him. (2) The waiver and release of claims under the ADEA contained in this Agreement does not cover rights or claims that may arise after the execution Date of this Agreement. (3) This Agreement provides for consideration in addition to anything of value to which he is already entitled. (4) Employee has been advised to consult an attorney before signing this Agreement. (5) Employee has been granted twenty-one (21) days after he is presented with this Agreement to decide whether or not to sign this Agreement. If he executes this Agreement prior to the expiration of such period, he does so voluntarily and after having had the opportunity to consult with an attorney, and hereby waives the remainder of the twenty-one (21) day period. (6) Employee has the right to revoke this general release within seven (7) days of signing this Agreement. In the event this general release is revoked, this Agreement will be null and void in its entirety, and he will not receive the Payment or the Benefit Continuation. If he wishes to revoke this Agreement, Employee shall deliver written notice stating his intent to revoke this Agreement to Xxxxx Xxxxxx, General Counsel at the offices of Employer on or before 5:00 p.m. on the seventh (7th) day after the Date of this Agreement.

Older Workers Benefit Protection Act. This Agreement is intended subject to satisfy the requirements terms of the Older Workers’ Workers Benefit Protection Act, 29 U.S.C. sec. 626(fAct of 1990 (the “OWBPA”). The following general provisions, along with the other provisions of this Agreement, are agreed to for this purpose: 8.1. XXXXXXX acknowledges and agrees OWBPA provides that he has read and understands the terms of this Agreement. 8.2. XXXXXXX acknowledges that this Agreement advises him in writing that he may consult with an attorney before executing this Agreement, and that he has obtained and considered such legal counsel as he deems necessary, such that he is entering into this Agreement freely, knowingly, and voluntarily. 8.3. XXXXXXX acknowledges that he has been given at least twenty-one (21) days in which to consider whether or not to enter into this Agreement. XXXXXXX understands that, at his option, he may elect not to use the full 21-day period. 8.4. This Agreement shall not become effective or enforceable until the eighth day after XXXXXXX signs this Agreement. XXXXXXX may revoke his acceptance of this Agreement within seven (7) days after the date he signs it. XXXXXXX’x revocation must be in writing and received by Defendants’ counsel, Xxxxxxx X. Xxxxxx, by 5:00 p.m. on the seventh day in order to be effective. If XXXXXXX does not revoke acceptance within the seven (7) day period, XXXXXXX’x acceptance of this Agreement shall become binding and enforceable on the eighth day (“Effective Date”). 8.5. This Agreement does individual cannot waive a right or release any rights or claims that XXXXXXX may have claim under the Age Discrimination in Employment Act (“ADEA”) unless the waiver is knowing and voluntary. Pursuant to the terms of the OWBPA, Xxxxxx acknowledges and agrees that Xxxxxx has executed this Agreement voluntarily, and with full knowledge of its consequences. In addition, Xxxxxx hereby acknowledges and agrees that: (a) this Agreement has been written in a manner that is calculated to be understood, and is understood, by Xxxxxx; (b) the release provisions of this Agreement apply to rights and claims that Xxxxxx may have under the ADEA, including the right to file a lawsuit against the Company for age discrimination; (c) the release provisions of this Agreement do not apply to any rights or claims that Xxxxxx may have under the ADEA that arise after the date Xxxxxx executes this Agreement; (d) the Company does not have a preexisting duty to pay the Separation Amount identified in this Agreement; (e) Xxxxxx has been advised in writing to consult with an attorney prior to executing this Agreement; (f) Xxxxxx shall have a period of 21 days in which to consider the terms of this Agreement prior to its execution; and (g) Xxxxxx shall have a period of seven days after execution of this Agreement in which to revoke this Agreement. Xxxxxx further understands that this Agreement shall not become effective until expiration of this seven-day period.

Older Workers Benefit Protection Act. This Agreement is intended to satisfy the requirements of the Older Workers’ Benefit Protection Act, 29 U.S.C. sec. 626(f). The following general provisions, along with the other provisions of this Agreement, are agreed to for this purpose: 8.1. XXXXXXX acknowledges Employee understands and agrees that he has read and understands with respect to any possible claim arising under the terms Age Discrimination in Employment Act of this Agreement.1967 (“ADEA”) he: 8.2. XXXXXXX acknowledges that (a) had the opportunity to consider this Agreement advises him in writing that he may consult with an attorney before executing this Agreement, and that he has obtained and considered such legal counsel as he deems necessary, such that he is entering into this Agreement freely, knowingly, and voluntarily. 8.3. XXXXXXX acknowledges that he has been given at least a full twenty-one (21) days before executing it, but have waived the twenty-one (21) day period; (b) carefully read and fully understands all of the provisions of this Agreement; (c) is, through this Agreement, releasing Citizens from any and all claims; (d) knowingly and voluntarily agree to all of the terms set forth in which this Agreement; (e) knowingly and voluntarily intend to be legally bound by it; (f) was advised and hereby is advised in writing to consider whether or not the terms of this Agreement and to enter into consult with attorney of his choice prior to executing this Agreement. XXXXXXX understands that; (g) had the opportunity for a full seven (7) days following the execution of this Agreement to revoke this Agreement only as it relates to claims arising under the ADEA and has been, at his optionand hereby is, he may elect not advised in writing that this Agreement only as it relates to use claims arising under the full 21-day period. 8.4. This Agreement ADEA shall not become effective or enforceable until the eighth day after XXXXXXX signs this Agreementrevocation period has expired. XXXXXXX Any notice of revocation on Employee’s part should be made in writing and directed to Xxx Xxxxx, Xxxxxxx Xxxxxxxxx, P.C., 000 Xxxxxxxx Xxxxxx, Xxxxx 0000, Xxxxxx Xxxxx 00000, xxxxxx@xxxxxxx.xxx; and (h) understands that rights or claims under the ADEA that may revoke his acceptance of this Agreement within seven (7) days arise due to acts or omissions that occur after the date he signs it. XXXXXXX’x revocation must be in writing and received by Defendants’ counsel, Xxxxxxx X. Xxxxxx, by 5:00 p.m. on the seventh day in order to be effective. If XXXXXXX does not revoke acceptance within the seven (7) day period, XXXXXXX’x acceptance of this Agreement shall become binding and enforceable on the eighth day (“Effective Date”)is executed are not waived. 8.5. This Agreement does not waive or release any rights or claims that XXXXXXX may have under the Age Discrimination in Employment Act that arise after the execution of this Agreement.

Older Workers Benefit Protection Act. This Agreement is intended to satisfy the requirements of the Older Workers’ Benefit Protection Act, 29 U.S.C. sec. 626(f). The following general provisions, along with the other provisions of this Agreement, are agreed to for this purpose: 8.1. XXXXXXX Employee acknowledges and agrees that he has read and understands the terms of this Agreement. 8.2. XXXXXXX Employee acknowledges that this Agreement advises him in writing that he may consult with an attorney before executing this Agreement, and that he has obtained and considered such legal counsel as he deems necessary, such that he is entering into this Agreement freely, knowingly, and voluntarily. 8.3. XXXXXXX Employee acknowledges that he has been given at least twenty-one (21) days in which to consider whether or not to enter into this Agreement. XXXXXXX Employee understands that, at his him option, he Employee may elect not to use the full 21-day period. 8.4. This Agreement Section 8 shall not become effective or enforceable until the eighth day after XXXXXXX Employee signs this Agreement. XXXXXXX In other words, Employee may revoke his acceptance of this Agreement Section within seven (7) days after the date he signs it. XXXXXXX’x Employee’s revocation must be in writing and received by Defendants’ counsel, Xxxxxxx X. Xxxxxx, Peregrine’s Human Resources Department by 5:00 p.m. P.S.T. on the seventh day in order to be effective. If XXXXXXX Employee does not revoke acceptance within the seven (7) day period, XXXXXXX’x Employee’s acceptance of this Agreement Section shall become binding and enforceable on the eighth day (“Effective Date”). 8.5. This Agreement does not waive or release The SC Severance Payment is being paid in consideration of his waiver of any rights or claims that XXXXXXX may have under with regard to the federal Age Discrimination in Employment Act and that arise after in the execution event of a revocation provided in this Agreementsubsection 8.4, such payments will not be made.

Older Workers Benefit Protection Act. This Agreement is intended subject to satisfy the requirements terms of the Older Workers’ Workers Benefit Protection Act, 29 U.S.C. sec. 626(fAct of 1990 (the “OWBPA”). The following general provisions, along with the other provisions of this Agreement, are agreed to for this purpose: 8.1. XXXXXXX acknowledges and agrees OWBPA provides that he has read and understands the terms of this Agreement. 8.2. XXXXXXX acknowledges that this Agreement advises him in writing that he may consult with an attorney before executing this Agreement, and that he has obtained and considered such legal counsel as he deems necessary, such that he is entering into this Agreement freely, knowingly, and voluntarily. 8.3. XXXXXXX acknowledges that he has been given at least twenty-one (21) days in which to consider whether or not to enter into this Agreement. XXXXXXX understands that, at his option, he may elect not to use the full 21-day period. 8.4. This Agreement shall not become effective or enforceable until the eighth day after XXXXXXX signs this Agreement. XXXXXXX may revoke his acceptance of this Agreement within seven (7) days after the date he signs it. XXXXXXX’x revocation must be in writing and received by Defendants’ counsel, Xxxxxxx X. Xxxxxx, by 5:00 p.m. on the seventh day in order to be effective. If XXXXXXX does not revoke acceptance within the seven (7) day period, XXXXXXX’x acceptance of this Agreement shall become binding and enforceable on the eighth day (“Effective Date”). 8.5. This Agreement does individual cannot waive a right or release any rights or claims that XXXXXXX may have claim under the Age Discrimination in Employment Act (“ADEA”) unless the waiver is knowing and voluntary. Pursuant to the terms of the 672/027557-0001 1010103.06 a05/15/09 8 OWBPA, Fxxxxxxxxx acknowledges and agrees that Fxxxxxxxxx has executed this Agreement voluntarily, and with full knowledge of its consequences. In addition, Fxxxxxxxxx hereby acknowledges and agrees that: (a) this Agreement has been written in a manner that is calculated to be understood, and is understood, by Fxxxxxxxxx; (b) the release provisions of this Agreement apply to rights and claims that Fxxxxxxxxx may have under the ADEA, including the right to file a lawsuit against the Company for age discrimination; (c) the release provisions of this Agreement do not apply to any rights or claims that Fxxxxxxxxx may have under the ADEA that arise after the date Fxxxxxxxxx executes this Agreement; (d) the Company does not have a preexisting duty to pay the Separation Amount identified in this Agreement; (e) Fxxxxxxxxx has been advised in writing to consult with an attorney prior to executing this Agreement; (f) Fxxxxxxxxx shall have a period of 21 days in which to consider the terms of this Agreement prior to its execution; and (g) Fxxxxxxxxx shall have a period of seven days after execution of this Agreement in which to revoke this Agreement. Fxxxxxxxxx further understands that this Agreement shall not become effective until expiration of this seven-day period.

Older Workers Benefit Protection Act. This Agreement is intended to satisfy the requirements of the Older Workers’ ' Benefit Protection Act, 29 U.S.C. sec. section 626(f). The following general provisions, along with the other provisions of this Agreement, are agreed to for this purpose: 8.1. XXXXXXX 9.1 Xxxxx acknowledges and agrees that he has read and understands the terms of this Agreement. 8.2. XXXXXXX 9.2 Xxxxx acknowledges that this Agreement advises him in writing that he may consult with an attorney before executing this Agreement, and that he has consulted Attorney Xxxx Xxxxx and obtained and considered such legal counsel as he deems necessary, such that he is entering into this Agreement freely, knowingly, and voluntarily. 8.3. XXXXXXX 9.3 Xxxxx acknowledges that he has been given at least twenty-one (21) days in which to consider whether or not to enter into this Agreement. XXXXXXX Xxxxx understands that, at his option, he Xxxxx may elect not to use the full 21-day period. 8.4. 9.4 This Agreement shall not become effective or enforceable until the eighth day after XXXXXXX Xxxxx signs this Agreement. XXXXXXX In other words, Xxxxx may revoke his acceptance of this Agreement within seven (7) days after the date he signs it. XXXXXXX’x Xxxxx'x revocation must be in writing and received by Defendants’ counselAnacomp's General Counsel, Xxxxxxx X. Xxxxxx, Xxxx Xxxxx by 5:00 p.m. on the seventh day in order to be effective. If XXXXXXX Xxxxx does not revoke acceptance within the seven (7) day period, XXXXXXX’x Xxxxx'x acceptance of this Agreement shall become binding and enforceable on the eighth day (“"Effective Date”"). The Severance Allowance shall become due and payable on or after the eighth day after Xxxxx signs this Agreement provided it has not been revoked. 8.5. 9.5 This Agreement does not waive or release any rights or claims that XXXXXXX Employee may have under the Age Discrimination in Employment Act that arise after the execution of this Agreement.

Older Workers Benefit Protection Act. This Agreement is intended ADEA Waiver a. Employee acknowledges that Employer has advised her in writing to satisfy the requirements consult with an attorney of the Older Workers’ Benefit Protection Act, 29 U.S.C. sec. 626(f). The following general provisions, along with the other provisions of her choice before signing this Agreement, are agreed and Employee has been given the opportunity to consult with an attorney of her choice before signing this Agreement. b. Employee acknowledges that she has been given the opportunity to review and consider this Agreement for a full twenty-one days before signing it, and that, if he or she has signed this purpose: 8.1. XXXXXXX acknowledges and agrees Agreement in less than that time, he or she has read and understands done so voluntarily in order to obtain sooner the terms benefits of this Agreement. 8.2. XXXXXXX acknowledges that this Agreement advises him in writing that he may consult with an attorney before executing this Agreement, and that he has obtained and considered such legal counsel as he deems necessary, such that he is entering into this Agreement freely, knowingly, and voluntarily. 8.3. XXXXXXX c. Employee further acknowledges that he has been given at least twenty-one (21) days in which to consider whether or not to enter into this Agreement. XXXXXXX understands that, at his option, he may elect not to use the full 21-day period. 8.4. This Agreement shall not become effective or enforceable until the eighth day after XXXXXXX signs this Agreement. XXXXXXX she may revoke his acceptance of this Agreement within seven (7) days after the date he signs signing it, provided that this Agreement will not become effective until such seven (7) day period has expired. XXXXXXX’x To be effective, any such revocation must be in writing and received delivered to Employer’s principal place of business by Defendants’ counsel, Xxxxxxx X. Xxxxxx, by 5:00 p.m. the close of business on the seventh (7th) day in order after signing the Agreement and must expressly state Employee’s intention to be effectiverevoke this Agreement. If XXXXXXX Provided that Employee does not timely revoke acceptance within this Agreement, the seven eighth (78th) day period, XXXXXXX’x acceptance following the execution of this Agreement shall become binding and enforceable on be deemed the eighth day (“Effective Date”). 8.5. This Agreement does not waive or release any rights or claims that XXXXXXX may have under the Age Discrimination in Employment Act that arise after the execution ” of this Agreement. d. The Parties also agree that the release provided by Employee in this Agreement does not include a release for claims under the ADEA arising after the date Employee signs this Agreement. e. Employee further acknowledges and agrees that the amounts he or she is to receive under this Agreement exceed the amounts to which he or she would otherwise be entitled upon his/her termination from employment with Employer.

Older Workers Benefit Protection Act. This Mr. Kol hereby represents and warrants that: (a) He has carefully read this Agreement is intended to satisfy the requirements and fully understands all of the Older Workers’ Benefit Protection Act, 29 U.S.C. sec. 626(f). The following general provisions, along with the other provisions of this Agreement, are agreed ; (b) He has had an opportunity to for this purpose: 8.1. XXXXXXX acknowledges and agrees that he has read and understands consult with an attorney of his choice as to the terms of this Agreement to the full extent that he desired before signing this Agreement.; 8.2. XXXXXXX acknowledges (c) He understands that this Agreement advises him in writing forever releases Vyyo from any legal action arising prior to the date of execution of this Agreement; (d) He has had the opportunity to review and consider this Agreement for a period of at least 45 days before signing it; (e) He understands that he may consult shall have seven days following the execution of this Agreement to revoke this Agreement. To be effective, the revocation must be in writing, delivered to Xxxxxx X. Xxxxxx, General Counsel, Vyyo Inc., 0000 Xxx Xxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxxxx, Xxxxxxx 00000, within the applicable revocation period, or sent to Vyyo, at such address, by certified mail, return receipt requested, postmarked within the applicable revocation period; (f) In signing this Agreement, he does not rely on nor has he relied on any representation or statement (written or oral) not specifically set forth in this Agreement by Vyyo or by any of Vyyo’s agents, representatives or attorneys with an attorney before executing regard to the subject matter, basis or effect of this Agreement or otherwise; and (g) He was not coerced, threatened or otherwise forced to sign this Agreement, and that he has obtained and considered such legal counsel as he deems necessary, such that he is entering into voluntarily signing and delivering this Agreement freely, knowinglyof his own free will, and voluntarilythat his signature appearing hereafter is genuine. 8.3. XXXXXXX acknowledges that he has been given at least twenty-one (21) days in which to consider whether or not to enter into this Agreement. XXXXXXX understands that, at his option, he may elect not to use the full 21-day period. 8.4. This Agreement shall not become effective or enforceable until the eighth day after XXXXXXX signs this Agreement. XXXXXXX may revoke his acceptance of this Agreement within seven (7) days after the date he signs it. XXXXXXX’x revocation must be in writing and received by Defendants’ counsel, Xxxxxxx X. Xxxxxx, by 5:00 p.m. on the seventh day in order to be effective. If XXXXXXX does not revoke acceptance within the seven (7) day period, XXXXXXX’x acceptance of this Agreement shall become binding and enforceable on the eighth day (“Effective Date”). 8.5. This Agreement does not waive or release any rights or claims that XXXXXXX may have under the Age Discrimination in Employment Act that arise after the execution of this Agreement.