Common use of OWBPA Rights Clause in Contracts

OWBPA Rights. (a) Employee is advised to seek legal counsel regarding the terms of this Agreement. Employee acknowledges that he has either sought legal counsel or has consciously decided not to seek legal counsel, contrary to the Company's advice, regarding the terms and effect of this Agreement. (b) Employee acknowledges that this Agreement releases only those claims which exist as of the date of Employee's execution of this Agreement. (c) Employee acknowledges that (i) he may take a period of forty-five (45) days from the date of receipt of this Agreement (May 22, 2003) within which to consider and sign this Agreement, and (ii) he has received the disclosure set forth on Exhibit B attached hereto and incorporated herein by reference. (d) Employee acknowledges that he will have seven (7) days from the date of signing this Agreement to revoke the Agreement in writing in its entirety ("Revocation Period"). Employee acknowledges that the Agreement will not become effective or enforceable until the Revocation Period has expired. In the event the Employee chooses to revoke this Agreement, within the Revocation Period, he will: 1. Revoke the entire Agreement in a signed writing, delivered to the following person on or before the seventh (7th) day after he executed the Agreement: Xx. Xxxxxxx Xxxxx First Horizon Pharmaceutical Corporation 0000 Xxxxxx Xxxx Xxxxxxxxxx, Xxxxxxx 00000 2. Forfeit all severance and other consideration from the Company that are contemplated by this Agreement; and 3. Return the full amount of consideration received, if any, to the Company along with the signed writing. (e) The Effective Date of this Agreement shall be the eighth (8th) day after the date Employee signs the Agreement, assuming the Employee has not revoked the Agreement in writing within the Revocation Period. (f) Employee expressly acknowledges that the payments and the other consideration that he is receiving under this Agreement constitute material consideration for his execution of this Agreement, and represent valuable consideration to which he would not otherwise be entitled.

OWBPA Rights. (a) Employee is advised to seek legal counsel regarding the terms of this Agreement. Employee acknowledges that he she has either sought legal counsel or has consciously decided not to seek legal counsel, contrary to the Company's advice, regarding the terms and effect of this Agreement. (b) Employee acknowledges that this Agreement releases only those claims which exist as of the date of Employee's execution of this Agreement. (c) Employee acknowledges that (i) he may take a period of fortytwenty-five one (4521) days from the date of receipt of this Agreement (May 22April 1, 20032005) within which to consider and sign this Agreement, and (ii) he has received the disclosure set forth on Exhibit B attached hereto and incorporated herein by reference. (d) Employee acknowledges that he she will have seven (7) days from the date of signing this Agreement to revoke the Agreement in writing in its entirety ("Revocation Period"). Employee acknowledges that the Agreement will not become effective or enforceable until the Revocation Period has expired. In the event the Employee chooses to revoke this Agreement, within the Revocation Period, he she will: 1. Revoke the entire Agreement in a signed writing, delivered to the following person on or before the seventh (7th) day after he executed the Agreement: XxMr. Jeff Stearns Microtek Medical Holdings, Inc. 13000 Deerfield Parkway, Suite 300 Alpharetta, Gxxxxxx 00000 0. Xxxxxxx Xxxxx First Horizon Pharmaceutical Corporation 0000 Xxxxxx Xxxx Xxxxxxxxxx, Xxxxxxx 00000 2. Forfeit all severance and other consideration from xxx xxxxxxxxx xxx xxxxx xxxxxxxxxxxxx xxom the Company that are contemplated by this Agreement; and 3. Return the full amount of consideration received, if any, to the Company along with the signed writing. (e) The Effective Date of this Agreement shall be the eighth (8th) day after the date Employee signs the Agreement, assuming the Employee has not revoked the Agreement in writing within the Revocation Period. (f) Employee expressly acknowledges that the payments and the other consideration that he is receiving under this Agreement constitute material consideration for his execution of this Agreement, and represent valuable consideration to which he would not otherwise be entitled.

OWBPA Rights. (a) Employee is advised to seek legal counsel regarding the terms of this Agreement. Employee acknowledges that he has either sought legal counsel or has consciously decided not to seek legal counsel, contrary to the Company's advice, regarding the terms and effect of this Agreement. (b) Employee acknowledges that this Agreement releases only those claims which exist as of the date of Employee's execution of this Agreement. (c) Employee acknowledges that (i) he may take a period of forty-five (45) days from the date of receipt of this Agreement (May 22March 5, 2003) within which to consider and sign this Agreement, and (ii) he has received the disclosure set forth on Exhibit B attached hereto and incorporated herein by reference. (d) Employee acknowledges that he will have seven (7) days from the date of signing this Agreement to revoke the Agreement in writing in its entirety ("Revocation Period"). Employee acknowledges that the Agreement will not become effective or enforceable until the Revocation Period has expired. In the event the Employee chooses to revoke this Agreement, within the Revocation Period, he will: 1. Revoke the entire Agreement in a signed writing, delivered to the following person on or before the seventh (7th) day after he executed the Agreement: Xx. Xxxxxxx Xxxxx First Horizon Pharmaceutical Corporation 0000 Xxxxxx Xxxx Xxxxxxxxxx, Xxxxxxx 00000 2. Forfeit all severance and other consideration from the Company that are contemplated by this Agreement; and 3. Return the full amount of consideration received, if any, to the Company along with the signed writing. (e) The Effective Date of this Agreement shall be the eighth (8th) day after the date Employee signs the Agreement, assuming the Employee has not revoked the Agreement in writing within the Revocation Period. (f) Employee expressly acknowledges that the payments and the other consideration that he is receiving under this Agreement constitute material consideration for his execution of this Agreement, and represent valuable consideration to which he would not otherwise be entitled.

OWBPA Rights. (a) Employee Executive is advised to seek legal counsel regarding the terms of this Agreement. Employee Executive acknowledges that he has either sought legal counsel or has has, notwithstanding the foregoing, consciously decided not to seek legal counsel, contrary to the Company's advice, counsel regarding the terms and effect of this Agreement. (b) Employee Executive acknowledges that this Agreement releases only those claims which exist as of the date of Employee's Executive’s execution of this Agreement. (c) Employee Executive acknowledges that (i) he may take a period of fortytwenty-five one (4521) days from the date of receipt of this Agreement (May 22June 7, 20032006) within which to consider and sign this Agreement, and (ii) he has received the disclosure set forth on Exhibit B attached hereto and incorporated herein by reference. (d) Employee Executive acknowledges that he will have seven (7) days from the date of signing this Agreement to revoke the Agreement in writing in its entirety ("“Revocation Period"”). Employee Executive acknowledges that the Agreement will not become effective or enforceable until the Revocation Period has expiredexpired and that pending acceptance of this Agreement by Executive, the Company shall not be obligated to make any of the payments or to provide any of the benefits to be provided to Executive under this Agreement. In the event the Employee Executive chooses to revoke this Agreement, within the Revocation Period, he will: 1. (i) Revoke the entire Agreement in a signed writing, delivered to the following person on or before the seventh (7th) day after he executed the Agreement: XxNeoPharm, Inc. c/o Mx. Xxxxxxxxx Xxxxxxx 1000 Xxxxxxxx Xxxxx First Horizon Pharmaceutical Corporation 0000 Xxxxxx Xxxx XxxxxxxxxxXxxxxxxx, Xxxxxxx XX 00000 2. (ii) Forfeit all severance and other consideration from the Company that are is contemplated by this Agreement; and 3. (iii) Return the full amount of any consideration receivedreceived under this Agreement, if any, to the Company along with the signed writing. (e) The Effective Date of this Agreement shall be the eighth (8th) day after the date Employee signs the Agreement, assuming the Employee has not revoked the Agreement in writing within the Revocation Period. (f) Employee Executive expressly acknowledges that the payments and the other consideration that he is receiving under this Agreement constitute material consideration for his execution of this Agreement, and represent valuable consideration to which he would not otherwise be entitled.

OWBPA Rights. (a) Employee Dunne is advised to seek legal counsel xxxxsel regarding the terms of this Agreement. Employee Dunne acknowledges that he has either sought xxxxht legal counsel or has consciously decided not to seek legal counsel, contrary to the Company's advice, regarding the terms and effect of this Agreement. (b) Employee Dunne acknowledges that this Agreement Axxxxxent releases only those claims which exist as of the date of Employee's execution of this AgreementEffective Date. (c) Employee Dunne acknowledges that (i) he may take xxxx a period of fortytwenty-five one (4521) days from the date of receipt of this Agreement Effective Date (May 22July 7, 20032006) within which to consider and sign this Agreement. To the extent Dunne has executed this Agreemxxx xrior to the expiration of such twenty-one (21) day period, and (ii) he has received the disclosure set forth on Exhibit B attached hereto and incorporated herein by referenceDunne acknowledges that his dexxxxxn to execute this Agreement prior to such expiration was entirely voluntary. (d) Employee Dunne acknowledges that he will have wilx xxxe seven (7) days from the date of signing this Agreement to revoke the Agreement in writing in its entirety ("Revocation Period"). Employee Dunne acknowledges that the Agreement Agxxxxxnt will not become effective or enforceable until the Revocation Period has expiredexpired and that pending acceptance of this Agreement by Dunne, the Company shall not bx xxxigated to make any of the payments or to provide any of the benefits to be provided to Dunne under this Agreement. In the xxx event the Employee Dunne chooses to revoke this AgreementAxxxxxent, within the Revocation Period, he will: 1. (i) Revoke the entire Agreement in a signed writing, delivered to the following person on or before the seventh (7th) day after he executed the Agreement: Xx. Xxxxxxx Xxxxx First Horizon Pharmaceutical Corporation 0000 Xxxxxx Xxxx XxxxxxxxxxSteelCloud, Xxxxxxx 00000Inc. 14040 Park Center Road, Suite 000 Xxxxxxx, XX 00000 Xxxx: President 2. (ii) Forfeit all severance and other consideration from the Company that are is contemplated by this Agreement; and 3. (iii) Return the full amount of any consideration receivedreceived under this Agreement, if any, to the Company company along with the signed writing. (e) The Effective Date of this Agreement shall be the eighth (8th) day after the date Employee signs the Agreement, assuming the Employee has not revoked the Agreement in writing within the Revocation Period. (f) Employee Dunne expressly acknowledges that the txxx xhe payments and the other consideration that he is receiving under this Agreement constitute material consideration for his execution of this Agreement, and represent valuable consideration to which he would not otherwise be entitled.

OWBPA Rights. (a) Employee is advised to seek legal counsel regarding the terms of this AgreementRelease. Employee acknowledges that he or she has either sought legal counsel or has consciously decided not to seek legal counsel, contrary to the Company's advice, counsel regarding the terms and effect of this Agreement. (b) Release. Employee acknowledges that this Agreement Release releases only those claims which exist as of the date of Employee's execution of he or she executes this AgreementRelease. (ca) Employee acknowledges that (i) he may or she make take up to a period of forty-five (45) days from the date of receipt of this Agreement (May 22, 2003) Release within which to consider and sign this AgreementRelease, but he or she may also choose to sign and (ii) he has received the disclosure set forth on Exhibit B attached hereto and incorporated herein by referencereturn it earlier. (db) Employee acknowledges that he or she will have seven (7) days from the date of signing this Agreement Release to revoke the Agreement Release in writing in its entirety ("“Revocation Period"”). Employee acknowledges that the Agreement Release will not become effective or enforceable until the Revocation Period has expired. In the event the Employee chooses to revoke this AgreementRelease, within the Revocation Period, he or she will: 1. (i) Revoke the entire Agreement Release in a signed writing, delivered to the following person on or before the seventh (7th) day after he or she executed the Agreement: Xx. Xxxxxxx Xxxxx First Horizon Pharmaceutical Corporation 0000 Xxxxxx Xxxx Xxxxxxxxxx, Xxxxxxx 00000Release: 2. (ii) Forfeit all severance and other consideration from the Company payments rights that are contemplated by this Agreement; and 3. Return the full amount of consideration received, if any, to the Company along with the signed writingRelease. (ec) The Effective Date of this Agreement Release shall be the eighth eight (8th) day after the date Employee signs the AgreementRelease, assuming the Employee has not properly revoked the Agreement Release in writing within the Revocation Period. (fd) Employee acknowledges receipt, in Schedule 1 attached hereto, of a list of job titles and ages of all the employees of the Company and of all entities controlled by or under common control with the Company who were selected for participation in the employment termination program (as such term is entitled in 29 USC §626(f)(1)(F)(ii)) in which Employee participates and a list of job titles and ages of all such employees in the same job classification(s) as such participants but who were not selected for such participation. (e) Employee expressly acknowledges that the payments and the other consideration that he or she is receiving under this Agreement the Release constitute material consideration for his or her execution of this AgreementRelease, and represent valuable consideration to which he or she would not otherwise be entitled.

OWBPA Rights. (a) Employee is advised to seek legal counsel regarding the terms of this Agreement. Employee acknowledges that he he/she has either sought legal counsel or has consciously decided not to seek legal counsel, contrary to the Company's advice, regarding the terms and effect of this Agreement. (b) Employee acknowledges that this Agreement releases only those claims which that exist as of the date of Employee's execution of this Agreement. (c) Employee acknowledges that (i) he he/she may take a period of forty21 (twenty-five (45one) days from the date of receipt of this Agreement (May 22, 2003) within which to consider and sign this Agreement. If Employee fails to sign this Agreement, and (ii) he has received Employee shall not be entitled to the disclosure set forth on Exhibit B attached hereto and incorporated herein by referenceconsideration provided in Section 2. (d) Employee acknowledges that he he/she will have seven (7) days from the date of signing this Agreement to revoke the Agreement in writing in its entirety ("Revocation Period"). Employee acknowledges that the Agreement will not become effective or enforceable until the Revocation Period has expired. In the event the Employee chooses to revoke this Agreement, within the Revocation Period, he or she will: (1. ) Revoke the entire Agreement in a signed writing, delivered to the following person on or before the seventh (7th) day after he he/she executed the Agreement: Xx. Interland Human Resources 303 Peachtree Center Ave., Suite 500 Atlanta, GA 30303 (0) Xxxxxxx Xxxxx First Horizon Pharmaceutical Corporation 0000 Xxxxxx Xxxx Xxxxxxxxxx, Xxxxxxx 00000 2. Forfeit all severance and other consideration from the Company xxx xxxxxxxxx xxx xxxxxxx xxxxxx xx xxx Xxxpany that are contemplated by this Agreement; and (3. ) Return the full amount of consideration received, if any, to the Company along with the signed writing. (e) The Effective Date "EFFECTIVE DATE" of this Agreement shall be the eighth (8th) day after the date Employee signs the Agreement, assuming the Employee has not revoked the Agreement in writing within the Revocation Period. (f) Employee expressly acknowledges that the payments and the other consideration that he is receiving under this Agreement constitute material consideration for his execution of this Agreement, and represent valuable consideration to which he would not otherwise be entitled.

OWBPA Rights. (a) Employee is advised to seek legal counsel regarding the terms of this Agreement. Employee acknowledges that he has either sought legal counsel or has consciously decided not to seek legal counsel, contrary to the Company's advice, regarding the terms and effect of this Agreement. Following expiration of the Revocation Period (as defined below) and subject to the Company's receipt of an itemized invoice from Employee's legal counsel, the Company will reimburse Employee for the reasonable legal fees and expenses (not to exceed $1,000) incurred by Employee in connection with the completion of this Agreement. (b) Employee acknowledges that this Agreement releases only those claims which exist as of the date of Employee's execution of this Agreement. (c) Employee acknowledges that (i) he may take a period of forty-five (45) days from the date of receipt of this Agreement (May 2216, 2003) within which to consider and sign this Agreement, and (ii) he has received the disclosure set forth on Exhibit B attached hereto and incorporated herein by reference. (d) Employee acknowledges that he will have seven (7) days from the date of signing this Agreement to revoke the Agreement in writing in its entirety ("Revocation Period"). Employee acknowledges that the Agreement will not become effective or enforceable until the Revocation Period has expired. In the event the Employee chooses to revoke this Agreement, within the Revocation Period, he will: 1. Revoke the entire Agreement in a signed writing, delivered to the following person on or before the seventh (7th) day after he executed the Agreement: Xx. Xxxxxxx Xxxxx First Horizon Pharmaceutical Corporation 0000 Xxxxxx Xxxx Xxxxxxxxxx, Xxxxxxx 00000 2. Forfeit all severance and other consideration from the Company that are contemplated by this Agreement; and 3. Return the full amount of consideration received, if any, to the Company along with the signed writing. (e) The Effective Date of this Agreement shall be the eighth (8th) day after the date Employee signs the Agreement, assuming the Employee has not revoked the Agreement in writing within the Revocation Period. (f) Employee expressly acknowledges that the payments and the other consideration that he is receiving under this Agreement constitute material consideration for his execution of this Agreement, and represent valuable consideration to which he would not otherwise be entitled.

OWBPA Rights. (a) Employee Executive is advised to seek legal counsel regarding the terms of this Agreement. Employee Executive acknowledges that he has either sought legal counsel or has has, notwithstanding the foregoing, consciously decided not to seek legal counsel, contrary to the Company's advice, counsel regarding the terms and effect of this Agreement. (b) Employee Executive acknowledges that this Agreement releases only those claims which exist as of the date of Employee's Executive’s execution of this Agreement. (c) Employee Executive acknowledges that (i) he may take a period of fortytwenty-five one (4521) days from the date of receipt of this Agreement (May 22March 9, 20032005) within which to consider and sign this Agreement, and (ii) he has received the disclosure set forth on Exhibit B attached hereto and incorporated herein by reference. (d) Employee Executive acknowledges that he will have seven (7) days from the date of signing this Agreement to revoke the Agreement in writing in its entirety ("“Revocation Period"”). Employee Executive acknowledges that the Agreement will not become effective or enforceable until the Revocation Period has expiredexpired and that pending acceptance of this Agreement by Executive, the Company shall not be obligated to make any of the payments or to provide any of the benefits to be provided to Executive under this Agreement. In the event the Employee Executive chooses to revoke this Agreement, within the Revocation Period, he will: 1. (i) Revoke the entire Agreement in a signed writing, delivered to the following person on or before the seventh (7th) day after he executed the Agreement: Xx. Xxxxxxx NeoPharm, Inc. c/o Mr. Xxxx Xxxxxx, Chairman of the Board 00000 Xxxxxxxx Xxxxx First Horizon Pharmaceutical Corporation 0000 Xxxxxx Xxxx XxxxxxxxxxXxxxx Louisville, Xxxxxxx 00000KY 40245 2. (ii) Forfeit all severance and other consideration from the Company that are is contemplated by this Agreement; and 3. (iii) Return the full amount of any consideration receivedreceived under this Agreement, if any, to the Company along with the signed writing. (e) The Effective Date of this Agreement shall be the eighth (8th) day after the date Employee Executive signs the this Agreement, assuming the Employee Executive has not revoked the Agreement in writing within the Revocation Period. (f) Employee Executive expressly acknowledges that the payments and the other consideration that he is receiving under this Agreement constitute material consideration for his execution of this Agreement, and represent valuable consideration to which he would not otherwise be entitled.

OWBPA Rights. (a) Employee is advised to seek legal counsel regarding the terms of this Agreement. Employee acknowledges that he has either sought legal counsel or has consciously decided not to seek legal counsel, contrary to the Company's advice, regarding the terms and effect of this Agreement. (b) Employee acknowledges that this Agreement releases only those claims which exist as of the date of Employee's execution of this Agreement. (c) Employee acknowledges that (i) he may take a period of fortytwenty-five one (4521) days from the date of receipt of this Agreement (May 22January 31, 2003) within which to consider and sign this Agreement, and (ii) he has received the disclosure set forth on Exhibit B attached hereto and incorporated herein by reference. (d) Employee acknowledges that he will have seven (7) days from the date of signing this Agreement to revoke the Agreement in writing in its entirety ("Revocation Period"). Employee acknowledges that the Agreement will not become effective or enforceable until the Revocation Period has expired. In the event the Employee chooses to revoke this Agreement, within the Revocation Period, he will: 1. Revoke the entire Agreement in a signed writing, delivered to the following person on or before the seventh (7th) day after he executed the Agreement: Xx. Xxxxxxx Xxxxx First Horizon Pharmaceutical Corporation 0000 Xxxxxx Xxxx Xxxxxxxxxx, Xxxxxxx 00000 2. Forfeit all severance and other consideration from the Company that are contemplated by this Agreement; and 3. Return the full amount of consideration received, if any, to the Company along with the signed writing. (e) The Effective Date of this Agreement shall be the eighth (8th) day after the date Employee signs the Agreement, assuming the Employee has not revoked the Agreement in writing within the Revocation Period. (f) Employee expressly acknowledges that the payments and the other consideration that he is receiving under this Agreement constitute material consideration for his execution of this Agreement, and represent valuable consideration to which he would not otherwise be entitled.

OWBPA Rights. (a) Employee is advised to seek legal counsel regarding the terms of this AgreementRelease. Employee acknowledges that he or she has either sought legal counsel or has consciously decided not to seek legal counsel, contrary to the Company's advice, counsel regarding the terms and effect of this Agreement. (b) Release. Employee acknowledges that this Agreement Release releases only those claims which exist as of the date of Employee's execution of he or she executes this AgreementRelease. (ca) Employee acknowledges that (i) he may or she make take up to a period of forty-five (45) days from the date of receipt of this Agreement (May 22, 2003) Release within which to consider and sign this AgreementRelease, but he or she may also choose to sign and (ii) he has received the disclosure set forth on Exhibit B attached hereto and incorporated herein by referencereturn it earlier. (db) Employee acknowledges that he or she will have seven (7) days from the date of signing this Agreement Release to revoke the Agreement Release in writing in its entirety ("“Revocation Period"”). Employee acknowledges that the Agreement Release will not become effective or enforceable until the Revocation Period has expired. In the event the Employee chooses to revoke this AgreementRelease, within the Revocation Period, he or she will: 1. (i) Revoke the entire Agreement Release in a signed writing, delivered to the following person on or before the seventh (7th) day after he or she executed the Agreement: Xx. Xxxxxxx Xxxxx First Horizon Pharmaceutical Corporation 0000 Xxxxxx Xxxx Xxxxxxxxxx, Xxxxxxx 00000Release: 2. (ii) Forfeit all severance and other consideration from the Company payments rights that are contemplated by this Agreement; and 3. Return the full amount of consideration received, if any, to the Company along with the signed writingRelease. (ec) The Effective Date of this Agreement Release shall be the eighth (8th) day after the date Employee signs the AgreementRelease, assuming the Employee has not properly revoked the Agreement Release in writing within the Revocation Period. (fd) Employee acknowledges receipt, in Schedule 1 attached hereto, of a list of job titles and ages of all employees of the Company and of all entities controlled by or under common control with the Company who were selected for participation in the employment termination program (as such term is entitled in 29 USC §626(f)(1)(F)(ii)) in which Employee participates and a list of job titles and ages of all such employees in the same job classification(s) as such participants but who were not selected for such participation. (e) Employee expressly acknowledges that the payments and the other consideration that he or she is receiving under this Agreement the Release constitute material consideration for his or her execution of this AgreementRelease, and represent valuable consideration to which he or she would not otherwise be entitled.

OWBPA Rights. (a) Employee is advised to seek legal counsel regarding the terms of this AgreementRelease. Employee acknowledges that he has either sought legal counsel or has consciously decided not to seek legal counsel, contrary to the Company's advice, counsel regarding the terms and effect of this Agreement. (b) Release. Employee acknowledges that this Agreement Release releases only those claims which exist as of the date of Employee's execution of he executes this AgreementRelease. (ca) Employee acknowledges that (i) he may take up to a period of forty-five (45) days from the date of receipt of this Agreement (May 22, 2003) Release within which to consider and sign this AgreementRelease, but he may also choose to sign and (ii) he has received the disclosure set forth on Exhibit B attached hereto and incorporated herein by referencereturn it earlier. (db) Employee acknowledges that he will have seven (7) days from the date of signing this Agreement Release to revoke the Agreement Release in writing in its entirety ("Revocation Period"). Employee acknowledges that the Agreement Release will not become effective or enforceable until the Revocation Period has expired. In the event the Employee chooses to revoke this AgreementRelease, within the Revocation Period, he will: 1. (i) Revoke the entire Agreement Release in a signed writing, delivered to the following person on or before the seventh (7th) day after he executed the AgreementRelease: Xx. Xxxxxxx Xxxxx First Horizon Pharmaceutical Corporation 0000 Xxxxxx Xxxx Xxxxxxxxxx, Xxxxxxx 00000----------------------- ----------------------- 2. (ii) Forfeit all severance and other consideration from the Company payments rights that are contemplated by this Agreement; and 3. Return the full amount of consideration received, if any, to the Company along with the signed writingRelease. (ec) The Effective Date of this Agreement Release shall be the eighth (8th) day after the date Employee signs the AgreementRelease, assuming the Employee has not properly revoked the Agreement Release in writing within the Revocation Period. (fd) Employee expressly acknowledges that the payments and the other consideration that he is receiving under this Agreement the Release constitute material consideration for his execution of this AgreementRelease, and represent valuable consideration to which he would not otherwise be entitled.

OWBPA Rights. (a) Employee Executive is advised to seek legal counsel regarding the terms of this Agreement. Employee Executive acknowledges that he has either sought legal counsel or has has, notwithstanding the foregoing, consciously decided not to seek legal counsel, contrary to the Company's advice, counsel regarding the terms and effect of this Agreement. (b) Employee Executive acknowledges that this Agreement releases only those claims which exist as of the date of Employee's Executive’s execution of this Agreement. (c) Employee Executive acknowledges that (i) he may take a period of fortytwenty-five one (4521) days from the date of receipt of this Agreement (May 22June 14, 20032004) within which to consider and sign this Agreement, and (ii) he has received the disclosure set forth on Exhibit B attached hereto and incorporated herein by reference. (d) Employee Executive acknowledges that he will have seven (7) days from the date of signing this Agreement to revoke the Agreement in writing in its entirety ("“Revocation Period"”). Employee Executive acknowledges that the Agreement will not become effective or enforceable until the Revocation Period has expiredexpired and that pending acceptance of this Agreement by Executive, and other than as may be provided for by the terms of the Employment Agreement, upon termination of employment the Company shall not be obligated to make any of the payments or to provide any of the benefits to be provided to Executive under this Agreement. In the event the Employee Executive chooses to revoke this Agreement, within the Revocation Period, he will: 1. (i) Revoke the entire Agreement in a signed writing, delivered to the following person on or before the seventh (7th) day after he executed the Agreement: Xx. Xxxxxxx NeoPharm, Inc. c/o Mr. Xxxx Xxxxxx 00000 Xxxxxxxx Xxxxx First Horizon Pharmaceutical Corporation 0000 Xxxxxx Xxxx XxxxxxxxxxXxxxx Louisville, Xxxxxxx 00000KY 40245 2. (ii) Forfeit all severance and other consideration from the Company that are is contemplated by this Agreement; and 3. (iii) Return the full amount of any consideration receivedreceived under this Agreement, if any, to the Company along with the signed writing. (e) The Effective Date of this Agreement shall be the eighth (8th) day after the date Employee Executive signs the this Agreement, assuming the Employee Executive has not revoked the Agreement in writing within the Revocation Period. (f) Employee Executive expressly acknowledges that the payments and the other consideration that he is receiving under this Agreement constitute material consideration for his execution of this Agreement, and represent valuable consideration to which he would not otherwise be entitled.

OWBPA Rights. (a) Employee is advised to seek legal counsel regarding the terms of this Agreement. Employee acknowledges that he he/she has either sought legal counsel or has consciously decided not to seek legal counsel, contrary to the Company's advice, regarding the terms and effect of this Agreement. (b) Employee acknowledges that this Agreement releases only those claims which that exist as of the date of Employee's execution of this Agreement. (c) Employee acknowledges that (i) he he/she may take a period of forty21 (twenty-five (45one) days from the date of receipt of this Agreement (May 22, 2003) within which to consider and sign this Agreement. If Employee fails to sign this Agreement, and (ii) he has received Employee shall not be entitled to the disclosure set forth on Exhibit B attached hereto and incorporated herein by referenceconsideration provided in Section 2. (d) Employee acknowledges that he he/she will have seven (7) days from the date of signing this Agreement to revoke the Agreement in writing in its entirety ("Revocation Period"). Employee acknowledges that the Agreement will not become effective or enforceable until the Revocation Period has expired. In the event the Employee chooses to revoke this Agreement, within the Revocation Period, he or she will: (1. ) Revoke the entire Agreement in a signed writing, delivered to the following person on or before the seventh (7th) day after he he/she executed the Agreement: Xx. Xxxxxxx Xxxxx First Horizon Pharmaceutical Corporation 0000 Xxxxxx Xxxx XxxxxxxxxxInterland Human Resources 303 Peachtree Center Ave., Xxxxxxx Suite 500 Atlanxx, XX 00000 2. Forfeit all severance and other consideration from the Company (0) Xxxxxxx xxx xxxxxxxxx xxx xxxxxxx xxxxxx xx xxx Xxxpany that are contemplated by this Agreement; and (3. ) Return the full amount of consideration received, if any, to the Company along with the signed writing. (e) The Effective Date "EFFECTIVE DATE" of this Agreement shall be the eighth (8th) day after the date Employee signs the Agreement, assuming the Employee has not revoked the Agreement in writing within the Revocation Period. (f) Employee expressly acknowledges that the payments and the other consideration that he is receiving under this Agreement constitute material consideration for his execution of this Agreement, and represent valuable consideration to which he would not otherwise be entitled.