Common use of Opportunity for Review; Acceptance Clause in Contracts

Opportunity for Review; Acceptance. Employee shall have until the twenty-first (21st) day following the Separation Date (the “Review Period”) to review and consider this Release Affirmation. To accept this Release Affirmation and the terms and conditions contained herein, Employee must execute and date this Release Affirmation where indicated below and return the executed copy of the Release Affirmation to the Company prior to the expiration of the Review Period, but no earlier than the Separation Date. Notwithstanding anything contained herein to the contrary, this Release Affirmation will not become effective or enforceable for a period of seven (7) calendar days following the date of its execution and delivery to the Company (the “Revocation Period”), during which time Employee may further review and consider the Release Affirmation and revoke his acceptance of this Release Affirmation by notifying the Company in writing. To be effective, such revocation must be received no later than the last day of the Revocation Period. Provided that the Release Affirmation is timely executed and Employee has not timely revoked it, the eighth (8th) day following the date on which the Release Affirmation is executed and delivered to the Company shall be its effective date. In the event of Employee’s failure to timely execute and deliver this Release Affirmation or his subsequent revocation of this Release Affirmation during the Revocation Period, this Release Affirmation will be null and void and of no effect, and Employee shall not be entitled to any payments or benefits under the Agreement that are conditioned upon the execution of a release of claims (which for purposes of clarification shall include any and all payments and benefits otherwise owing to Employee thereunder following the Separation Date).

Opportunity for Review; Acceptance. Employee You shall have from the Delivery Date until the twenty-first (21st) day following the Separation Date July 7, 2010 (the “Second General Release Review Period”) ), to review and consider this Release AffirmationSecond General Release. To accept this Second General Release Affirmation and the terms and conditions contained herein, Employee you must execute and date this Second General Release Affirmation where indicated below and return the executed copy of the Second General Release Affirmation to the Company prior to the expiration of the Second General Release Review Period, but no earlier than June 30, 2010 (or in the Separation Datecase of an Early Termination due to your death or Disability, the date of such Early Termination), to the attention of the Company’s General Counsel. Notwithstanding anything contained herein to the contrary, this Second General Release Affirmation will not become effective or enforceable for a period of seven (7) calendar days following the date of its execution and delivery to the Company (the “Second General Release Revocation Period”), during which time Employee you may further review and consider the Second General Release Affirmation and revoke his your acceptance of this Second General Release Affirmation by notifying the Company Company’s General Counsel in writing. To be effective, such revocation must be received no later than 5:00 p.m., Atlantic Daylight Time, on the last day of the Second General Release Revocation Period. Provided that the Second General Release Affirmation is timely executed and Employee has you have not timely revoked it, the eighth (8th) day following the date on which the Second General Release Affirmation is executed and delivered to the Company shall be its effective datedate (the “Second General Release Effective Date”). In the event of Employee’s your failure to timely execute and deliver this Second General Release Affirmation or his your subsequent revocation of this Second General Release Affirmation during the Second General Release Revocation Period, this Second General Release Affirmation will be null and void and of no effect, the Company will have no further obligations under the Agreement, and Employee you shall not be entitled to any payments or benefits under the your Employment Agreement that are conditioned upon the execution of a release of claims (which for purposes of clarification shall include be any and all payments and benefits otherwise owing to Employee you thereunder following the Separation DateDate (defined above), other than Accrued Obligations).

Opportunity for Review; Acceptance. Employee You shall have from the Delivery Date until the twenty-first (21st) day following the Separation Date January 29, 2010 (the “Review Period”) ), to review and consider this Release AffirmationAgreement. To accept this Release Affirmation Agreement and the terms and conditions contained herein, Employee you must execute and date this Release Affirmation Agreement where indicated below and return the executed copy of the Release Affirmation Agreement to the Company prior to the expiration of the Review Period, but no earlier than to the Separation Dateattention of the Company’s General Counsel. Notwithstanding anything contained herein to the contrary, this Release Affirmation Agreement will not become effective or enforceable for a period of seven (7) calendar days following the date of its execution and delivery to the Company (the “Revocation Period”), during which time Employee you may further review and consider the Release Affirmation Agreement and revoke his your acceptance of this Release Affirmation Agreement by notifying the Company Company’s General Counsel in writing. To be effective, such revocation must be received no later than 5:00 p.m., Atlantic Standard Time, on the last day of the Revocation Period. Provided that the Release Affirmation Agreement is timely executed and Employee has you have not timely revoked it, the eighth (8th) day following the date on which the Release Affirmation Agreement is executed and delivered to the Company shall be its effective datedate (the “Effective Date”). In the event of Employee’s your failure to timely execute and deliver this Release Affirmation Agreement prior to the expiration of the Review Period, or his your subsequent revocation of this Release Affirmation Agreement during the Revocation Period, this Release Affirmation Agreement will be null and void and of no effect, the Company will have no obligations hereunder, and Employee you shall not be entitled to any payments or benefits under the your Employment Agreement that are conditioned upon the execution of a release of claims (which for purposes of clarification shall include any and all payments and benefits otherwise owing to Employee you thereunder following the Separation DateDate (defined above), other than Accrued Obligations).

Opportunity for Review; Acceptance. Employee The Executive shall have from the Effective Date until the twenty-first seventh (21st7th) day following the Separation Termination Date, but in no event less than twenty-one (21) days following the Effective Date (the “Second General Release Review Period”) ), to review and consider this Release AffirmationSecond General Release. To accept this Second General Release Affirmation and the terms and conditions contained herein, Employee the Executive must execute and date this Second General Release Affirmation where indicated below and return the executed copy of the Second General Release Affirmation to the Company prior to the expiration of the Second General Release Review Period, but no earlier than the Separation Termination Date, in accordance with the notice provisions set forth in Section 13 of the Agreement. Notwithstanding anything contained herein to the contrary, this Second General Release Affirmation will not become effective or enforceable for a period of seven (7) calendar days following the date of its execution and delivery to the Company (the “Second General Release Revocation Period”), during which time Employee the Executive may further review and consider the Second General Release Affirmation and revoke his acceptance of this Second General Release Affirmation by notifying the Company in writing. To be effective, such revocation must be received no later than 5:00 p.m., Central Time, on the last day of the Second General Release Revocation Period. Provided that the Second General Release Affirmation is timely executed and Employee the Executive has not timely revoked it, the eighth (8th) day following the date on which the Second General Release Affirmation is executed and delivered to the Company shall be its effective datedate (the “Second General Release Effective Date”). In the event of Employeethe Executive’s failure to timely execute and deliver this Second General Release Affirmation or his subsequent revocation of this Second General Release Affirmation during the Second General Release Revocation Period, this Second General Release Affirmation will be null and void and of no effect, and Employee the Executive shall not be entitled to any payments or benefits under the Agreement that are conditioned upon the execution of a release of claims (which for purposes of clarification shall include be any and all payments and benefits otherwise owing to Employee the Executive thereunder following the Separation Termination Date, other than Accrued Benefits).

Opportunity for Review; Acceptance. Employee shall You have until the twenty-first (21st) day following the Separation Date February 16, 2018 (the “Review Period”) ), to review and consider this Release AffirmationAgreement and the disclosure information provided pursuant to the Older Workers Benefit Protection Act (attached hereto as Exhibit A). To accept this Release Affirmation Agreement, and the terms and conditions contained herein, Employee prior to the expiration of the Review Period, you must execute and date this Release Affirmation Agreement where indicated below and return the executed copy of the Release Affirmation this Agreement to the Company’s Vice President, Human Resources, Xxxxx Xxxxxxx (the “Company prior Representative”) by mail at c/o Melinta Therapeutics, 0000 Xxxxxxxxxx Xxxxx, Xxxxx 000, Xxxxxx Xxxx, Xxxxx Xxxxxxxx 00000, Attention: Xxxxx Xxxxxxx, or by email at xxxxxxxx@xxxxxxx.xxx. You acknowledge that, to the expiration extent there are changes made to the terms of this Agreement, whether they are material or immaterial, the Review Period, but no earlier than the Separation DatePeriod is not recommenced. Notwithstanding anything contained herein to the contrary, this Release Affirmation Agreement will not become effective or enforceable for a period of seven (7) calendar days following the date of its your execution and delivery to the Company of this Agreement (the “Revocation Period”), during which time Employee you may further review and consider the Release Affirmation and revoke his your acceptance of this Release Affirmation Agreement by notifying the Company Representative, in writing, to the address specified above. To be effective, such revocation must be received by the Company Representative no later than 5:00 p.m. Eastern Time on the last seventh (7th) calendar day following your execution of this Agreement. Provided that this Agreement is executed during the Review Period, and you do not revoke it during the Revocation Period. Provided that the Release Affirmation is timely executed and Employee has not timely revoked it, the eighth (8th) day following the date on which the Release Affirmation this Agreement is executed and delivered to the Company Representative shall be its effective datedate (the “Effective Date”). In the event of Employee’s failure that you fail to timely execute and deliver this Release Affirmation Agreement prior to the expiration of the Review Period, or his subsequent revocation of if you otherwise revoke this Release Affirmation Agreement during the Revocation Period, this Release Affirmation Agreement will be null and void and of no effect, and Employee shall not be entitled to any payments or benefits under the Agreement that are conditioned upon the execution of a release of claims (which for purposes of clarification shall include any and all payments and benefits otherwise owing to Employee thereunder following the Separation Date)Company will have no obligations hereunder.

Opportunity for Review; Acceptance. Employee shall have until the twenty-first (21st) day following the Separation Date (the “Review Period”) to review and consider this Release Affirmation. To accept this Release Affirmation and the terms and conditions contained herein, Employee must execute and date this Release Affirmation where indicated below and return the executed copy of the Release Affirmation to the Company prior to the expiration of the Review Period, but no earlier than the Separation Date. Notwithstanding anything contained herein to the contrary, this Release Affirmation will not become effective or enforceable for a period of seven (7) calendar days following the date of its execution and delivery to the Company (the “Revocation Period”), during which time Employee may further review and consider the Release Affirmation and revoke his her acceptance of this Release Affirmation by notifying the Company in writing. To be effective, such revocation must be received no later than the last day of the Revocation Period. Provided that the Release Affirmation is timely executed and Employee has not timely revoked it, the eighth (8th) day following the date on which the Release Affirmation is executed and delivered to the Company shall be its effective date. In the event of Employee’s failure to timely execute and deliver this Release Affirmation or his her subsequent revocation of this Release Affirmation during the Revocation Period, this Release Affirmation will be null and void and of no effect, and Employee shall not be entitled to any payments or benefits under the Agreement that are conditioned upon the execution of a release of claims (which for purposes of clarification shall include any and all payments and benefits otherwise owing to Employee thereunder following the Separation Date).