Common use of OWBPA Clause in Contracts

OWBPA. Because you are at least forty (40) years of age, you have specific rights under the federal Age Discrimination in Employment Act (“ADEA”) and Older Workers Benefits Protection Act (“OWBPA”), which prohibit discrimination on the basis of age. The release in Section 9 is intended to release any Claim you may have against the Company alleging discrimination on the basis of age under the ADEA, OWBPA and other Laws. Notwithstanding anything to the contrary in this Agreement, the release in Section 9 does not cover rights or Claims under the ADEA that arise from acts or omissions that occur after the date you sign this Agreement. It is the Company’s desire and intent to make certain that you fully understand the provisions and effects of this Agreement. To that end, the Company hereby advises you in writing to consult with legal counsel prior to signing this Agreement for the purpose of reviewing the terms of this Agreement. Also, because you are at least age 40, and consistent with the provisions of the OWBPA, the Company is providing you with twenty-one (21) days to consider and accept the terms of this Agreement by signing below and returning it to Insulet, c/o Xxxxxxxx Xxxxx at Insulet, 000 Xxxxxxxxxx Xxxx Xxxxx, Xxxxx 000, Xxxxxxxxx, XX 00000. In addition, you may rescind your assent to this Agreement if, within seven (7) days after you sign this Agreement, you deliver a notice of rescission to Xxxxxxxx Xxxxx at the Company. To be effective, such rescission must be hand delivered or postmarked within the seven (7) day period and sent by certified mail, return receipt requested, to Xxxxxxxx Xxxxx at the Company at the above referenced address. Further, consistent with federal laws prohibiting discrimination (the “Federal Discrimination Laws”), nothing in this Agreement shall be deemed to prohibit you from challenging the validity of the release set forth in Section 9 under the Federal Discrimination Laws or from filing a charge or complaint of employment related discrimination with the Equal Employment Opportunity Commission (“EEOC”), or from participating in any investigation or proceeding conducted by the EEOC. However, this Agreement does prohibit you from seeking or receiving monetary damages or other individual-specific relief in connection with any such charge or complaint of employment-related discrimination. Further, nothing in this Agreement shall be deemed to limit the Company’s right to seek immediate dismissal of such charge or complaint on the basis that your signing of this Agreement constitutes a full release of any individual rights under the Federal Discrimination Laws, or the Company’s right to seek restitution or other legal remedies to the extent permitted by law of the economic benefits provided to you under this Agreement in the event that you successfully challenge the validity of this release and prevail in any claim under the Federal Discrimination Laws.

Appears in 2 contracts

Samples: Separation Agreement (Insulet Corp), Separation Agreement (Insulet Corp)

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OWBPA. Because you are at least forty (40) years of age, you have specific rights under the federal Age Discrimination in Employment Act (“ADEA”) and Older Workers Benefits Protection Act (“OWBPA”), which prohibit discrimination on the basis of age. The release in Section 9 8 (including as reaffirmed in Exhibit A) is intended to release any Claim you may have against the Company InVivo alleging discrimination on the basis of age under the ADEA, OWBPA and other Laws. Notwithstanding anything to the contrary in this Agreement, the release in Section 9 8 does not cover rights or Claims under the ADEA that arise from acts or omissions that occur after the date you sign this Agreement; provided, however, that upon your execution and non-revocation of the Reaffirmation, you understand and agree that you will have released any such rights or Claims under the ADEA that arise from any acts or omissions up to and through the Separation Date. It is the CompanyInVivo’s desire and intent to make certain that you fully understand the provisions and effects of this Agreement, including, without limitation, the Reaffirmation. To that end, the Company InVivo hereby advises you in writing to consult with legal counsel prior to signing this Agreement for the purpose of reviewing the terms of this AgreementAgreement and the Reaffirmation. Also, because you are at least age 40, and consistent Consistent with the provisions of the OWBPA, you have twenty-one (21) days (or until October 27, 2016) to consider and accept the Company is providing provisions of this Agreement by signing below and returning it to InVivo, c/o Xxxxxx Xxxxxx, SVP, General Counsel, InVivo Therapeutics, One Xxxxxxx Square Bldg. 1400E, 4th Fl., Xxxxxxxxx, XX 00000. You also acknowledge that you with have at least twenty-one (21) days to consider and accept the terms provisions of this Agreement the Reaffirmation by signing below and returning it to Insulet, c/o Xxxxxxxx Xxxxx at Insulet, 000 Xxxxxxxxxx Xxxx Xxxxx, Xxxxx 000, Xxxxxxxxx, XX 00000Exhibit A (as set forth in the previous sentence) on the Separation Date. In addition, you may rescind your assent to this Agreement or the Reaffirmation, if, within seven (7) days after the date you sign this Agreementthe Agreement or the Reaffirmation, you deliver a written notice of rescission to Xxxxxxxx Xxxxx at the Company. To be effective, such notice of rescission must be hand delivered or postmarked within the seven (7) day period and sent by certified mail, return receipt requested, to Xxxxxxxx Xxxxx at the Company Xxxxxx Xxxxxx at the above referenced address. FurtherAlso, consistent with the provisions of the OWBPA and other federal discrimination laws prohibiting discrimination (the “Federal Discrimination Laws”), nothing in this Agreement the general waiver and release set forth either in Section 8 above or in the Reaffirmation shall be deemed to prohibit you from challenging the validity of the your release set forth in Section 9 of Claims under the Federal Discrimination Laws or from filing a charge or complaint of age or other employment related discrimination with the Equal Employment Opportunity Commission (“EEOC”), or from participating in any investigation or proceeding conducted by the EEOC. However, your release of Claims under this Agreement Agreement, including Exhibit A, does prohibit you from seeking or receiving monetary damages or other individual-specific relief in connection with any such charge or complaint of age or other employment-related discrimination. Further, nothing in this Agreement or the Reaffirmation shall be deemed to limit the Company’s right to seek immediate dismissal of such charge or complaint on the basis that your signing of this Agreement and/or the Reaffirmation constitutes a full release of any individual rights under the Federal Discrimination Laws, or the Company’s right to seek restitution or other legal remedies to the extent permitted by law of the economic benefits provided to you under this Agreement in the event that you successfully challenge the validity of this release and prevail in any claim under the Federal Discrimination Laws.

Appears in 2 contracts

Samples: Severance Agreement (Invivo Therapeutics Holdings Corp.), Severance Agreement (Invivo Therapeutics Holdings Corp.)

OWBPA. Because you are at least forty (40) years of age, you have specific rights under the federal Age Discrimination in Employment Act (“ADEA”) of 1967, as amended, and the Older Workers Benefits Protection Act (“OWBPA”), which prohibit discrimination on the basis of age. The release in Section 9 is intended to release any Claim you may have against the Company alleging discrimination on the basis of age under the ADEA, OWBPA and other Laws. Notwithstanding anything to the contrary in this Agreement, the release in Section 9 does not cover rights or Claims under the ADEA that arise from acts or omissions that occur after the date you sign this Agreement. It is the CompanyABIOMED’s desire and intent to make certain that you fully understand the provisions and effects of this Agreement. To that end, you have been encouraged and given the Company hereby advises you in writing opportunity to consult with legal counsel prior to signing this Agreement for the purpose of reviewing the terms of this Agreement. Also, because you are at least age 40, and consistent with the provisions of the OWBPA, the Company is providing you with twenty-one (21) days (until October 22, 2008) in which to consider and accept the terms of this Agreement by signing below and returning it to InsuletABIOMED, c/o Xxxxxxxx Xxxxx at InsuletXxxxxxx X. XxXxxxx, 000 Xxxxxxxxxx 00 Xxxxxx Xxxx Xxxxx, Xxxxx 000, XxxxxxxxxXxxxxxx, XX 00000. In addition, you may rescind your assent to this Agreement if, within seven (7) days after you sign this Agreement, you deliver a notice of rescission to Xxxxxxxx Xxxxx Xxxxxxx X. XxXxxxx at the CompanyABIOMED. To be effective, such rescission must be hand delivered or postmarked within the seven (7) day period and sent by certified mail, return receipt requested, to Xxxxxxxx Xxxxx Xxxxxxx X. XxXxxxx at the Company ABIOMED at the above referenced address. FurtherAlso, consistent with the provisions of the OWBPA and other federal laws prohibiting discrimination (the “Federal Discrimination Laws”)laws, nothing in this Agreement the general waiver and release set forth in Section 5 above shall be deemed to prohibit you from challenging the validity of the this release set forth in Section 9 under the federal age or other discrimination laws (the “Federal Discrimination Laws Laws”) or from filing a charge or complaint of age or other employment related discrimination with the Equal Employment Opportunity Commission (“EEOC”), or from participating in any investigation or proceeding conducted by the EEOC. However, this Agreement does prohibit you from seeking or receiving monetary damages or other individual-specific relief in connection with any such charge or complaint of employment-related discrimination. Further, nothing in this Agreement shall be deemed to limit the Company’s right to seek immediate dismissal of such charge or complaint on the basis that your signing of this Agreement constitutes a full release of any individual rights under the Federal Discrimination Laws, or the Company’s right to seek restitution or other legal remedies to the extent permitted by law of the economic benefits provided to you under this Agreement in the event that you successfully challenge the validity of this release and prevail in any claim under the Federal Discrimination Laws.

Appears in 1 contract

Samples: Separation Agreement (Abiomed Inc)

OWBPA. Because you are at least forty (40) years This Agreement is intended to satisfy the requirements of age, you have specific rights under the federal Age Discrimination in Employment Act (“ADEA”) and Older Workers Benefits Workers’ Benefit Protection Act (the “OWBPA”), which prohibit discrimination on the basis of age29 U.S.C. sec. The release in Section 9 is intended to release any Claim 626(f). a. You acknowledge and agree that (i) you may have against the Company alleging discrimination on the basis of age under the ADEA, OWBPA read and other Laws. Notwithstanding anything to the contrary in this Agreement, the release in Section 9 does not cover rights or Claims under the ADEA that arise from acts or omissions that occur after the date you sign this Agreement. It is the Company’s desire and intent to make certain that you fully understand the provisions and effects of this Agreement. To that end, the Company hereby advises you in writing to consult with legal counsel prior to signing this Agreement for the purpose of reviewing the terms of this Agreement. Also, because ; (ii) you are at least age 40advised to consult with an attorney before executing this Agreement, and consistent you have been represented by legal counsel in connection with the provisions signing of the OWBPA, this Agreement or you have waived your right to such representation; (iii) you understand that the Company is providing hereby gives you with a period of twenty-one (21) days to review and consider and accept the terms this Agreement before signing it. You further understand that you may use as much of this Agreement by signing below review and returning it consideration period as you wish prior to Insulet, c/o Xxxxxxxx Xxxxx at Insulet, 000 Xxxxxxxxxx Xxxx Xxxxx, Xxxxx 000, Xxxxxxxxx, XX 00000signing. In addition, you The Executive understands that he may rescind your assent to revoke this Agreement if, within for a period of seven (7) days after you sign this Agreementhe signs each respective agreement, you deliver a notice and that neither agreement shall be effective or enforceable until the expiration of rescission to Xxxxxxxx Xxxxx at the Company. To be effective, such rescission must be hand delivered or postmarked within the each respective seven (7) day period revocation period. Changes to this Agreement, material or otherwise, will not extend the aforementioned review and sent by certified mail, return receipt requested, to Xxxxxxxx Xxxxx at consideration period. You also agree and acknowledge that the Company at the above referenced address. Further, consistent with federal laws prohibiting discrimination (the “Federal Discrimination Laws”), nothing in this Agreement shall be deemed to prohibit you from challenging the validity of the release set forth in Section 9 under the Federal Discrimination Laws or from filing a charge or complaint of employment related discrimination with the Equal Employment Opportunity Commission (“EEOC”), or from participating in any investigation or proceeding conducted by the EEOC. However, this Agreement does prohibit you from seeking or receiving monetary damages or other individual-specific relief in connection with any such charge or complaint of employment-related discrimination. Further, nothing in this Agreement shall be deemed to limit the Company’s right to seek immediate dismissal of such charge or complaint on the basis that your signing of this Agreement constitutes a full release of any individual rights under the Federal Discrimination Laws, or the Company’s right to seek restitution or other legal remedies to the extent permitted by law of the economic benefits consideration provided to you under this Agreement is in addition to anything of value to which you are already entitled. b. You may revoke this Agreement for a period of seven (7) days following the event that day you successfully challenge sign same (the validity “Revocation Period”). Any revocation must be submitted, in writing, to Shutterstock, Inc. 000 Xxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000 Attention: General Counsel, and must state, “I hereby revoke my acceptance of my Separation Agreement and General Release”. This Agreement shall not become effective or enforceable until the expiration of the Revocation Period (the “Effective Date”). If the last day of the Revocation Period is a Saturday, Sunday or such legal holiday, then the Revocation Period shall not expire until the next following day which is not a Saturday, Sunday or legal holiday. If you revoke this release Agreement, it shall not be effective or enforceable, and prevail in any claim you will receive no further benefits under the Federal Discrimination Lawsthis Agreement.

Appears in 1 contract

Samples: Confidential Separation Agreement and General Release (Shutterstock, Inc.)

OWBPA. Because you are at least forty (40) years of age, you have specific rights under the federal Age Discrimination in Employment Act (“ADEA”) and Older Workers Benefits Protection Act (“OWBPA”), which prohibit discrimination on the basis of age. The release in Section 9 8 is intended to release any Claim you may have against the Company ArQule alleging discrimination on the basis of age under the ADEA, OWBPA and other Laws. Notwithstanding anything to the contrary in this Agreement, the release in Section 9 8 does not cover rights or Claims under the ADEA that arise from acts or omissions that occur after the date you sign this AgreementSeparation Date. It is the CompanyArQule’s desire and intent to make certain that you fully understand the provisions and effects of this Agreement. To that end, the Company ArQule hereby advises you in writing to consult with legal counsel prior to signing this Agreement for the purpose of reviewing the terms of this Agreement. Also, because you are at least age 40, and consistent with the provisions of the OWBPA, the Company is providing you with have twenty-one (21) days (or until April 3, 2019) to consider and accept the terms provisions of this Agreement by signing below and returning it to InsuletArQule, c/o Xxxxxxxx Xxxxx at InsuletPxxxx Xxxxxxxx, 000 Xxxxxxxxxx Oxx Xxxx XxxxxXxxxxx, Xxxxx 000, XxxxxxxxxXxxxxxxxxx, XX 00000. In addition, you may rescind your assent to this Agreement if, within seven (7) days after the date you sign this Agreement, you deliver a written notice of rescission to Xxxxxxxx Xxxxx at the Company. To be effective, such notice of rescission must be hand delivered or postmarked within the seven (7) day period and sent by certified mail, return receipt requested, to Pxxxx Xxxxxxxx Xxxxx at the Company at the above referenced address. FurtherAlso, consistent with the provisions of the OWBPA and other federal discrimination laws prohibiting discrimination (the “Federal Discrimination Laws”), nothing in this Agreement the general waiver and release set forth in Section 8 above shall be deemed to prohibit you from challenging the validity of the this release set forth in Section 9 under the Federal Discrimination Laws or from filing a charge or complaint of age or other employment related discrimination with the Equal Employment Opportunity Commission (“EEOC”), or from participating in any investigation or proceeding conducted by the EEOC. However, this Agreement the release in Section 8 does prohibit you from seeking or receiving monetary damages or other individual-specific relief in connection with any such charge or complaint of age or other employment-related discrimination. Further, nothing in this Agreement shall be deemed to limit the Company’s right to seek immediate dismissal of such charge or complaint on the basis that your signing of this Agreement constitutes a full release of any individual rights under the Federal Discrimination Laws, or the Company’s right to seek restitution or other legal remedies to the extent permitted by law of the economic benefits provided to you under this Agreement in the event that you successfully challenge the validity of this release and prevail in any claim under the Federal Discrimination Laws.

Appears in 1 contract

Samples: Severance Agreement (Arqule Inc)

OWBPA. Because you are Xx. Xxxxxx is at least forty (40) years of age, you have he has specific rights under the federal Age Discrimination in Employment Act (“ADEA”) ADEA and Older Workers Benefits Protection Act (“the OWBPA”), which prohibit discrimination on the basis of age. . (a) The release in Section 9 Paragraph 14 is intended to release any Claim you Claims Xx. Xxxxxx may have against the Company Bridgeline alleging discrimination on the basis of age under the ADEA, OWBPA and any other Lawsstate, federal, or local law. Notwithstanding anything to the contrary in this Agreement, the release in Section 9 Paragraph 14 does not cover rights or Claims under the ADEA that arise from acts acts, omissions, transactions or omissions occurrences that occur after the date you sign this Agreement. Effective Date. (b) It is the CompanyBridgeline’s desire and intent to make certain that you fully understand Xx. Xxxxxx understands the provisions and effects of this Agreement. To that end, the Company Bridgeline hereby advises you in writing Xx. Xxxxxx to consult with legal counsel prior to signing this Agreement for the purpose of reviewing the terms of this Agreement. Also, because you are at least age 40, and consistent Xx. Xxxxxx acknowledges he has, in fact, been represented by counsel in connection with the provisions review, negotiation and execution of this Agreement. (c) Consistent with the OWBPA, the Company Bridgeline is providing you Xx. Xxxxxx with twenty-one (21) days to consider and accept the terms of this Agreement by prior to signing below and returning it it; provided, however, that Xx. Xxxxxx may waive all or part of this review period if he chooses. Xx. Xxxxxx acknowledges that any changes to Insuletthis Agreement, c/o Xxxxxxxx Xxxxx at Insuletmaterial or otherwise, 000 Xxxxxxxxxx Xxxx Xxxxx, Xxxxx 000, Xxxxxxxxx, XX 00000will not restart the twenty-one (21) day review period. In addition, you Xx. Xxxxxx may rescind your his assent to this Agreement if, within seven (7) days after you sign he signs this Agreement, you deliver he delivers a notice of rescission to Xxxxxxxx Xxxxx at the CompanyXxxxxx X. Xxxxxxxxxxx, Marathas Xxxxxx & Xxxxxxxxxxx LLP, Xxx Xxxxxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxx, XX 00000. To be effective, such rescission must be hand delivered or postmarked within the seven (7) day period and sent by certified mail, return receipt requested, requested to Xxxxxxxx Xxxxx at the Company at the above above-referenced address. FurtherXx. Xxxxxx understands that such seven-day period is mandatory and may not be waived. If Xx. Xxxxxx’x written notice that he is exercising his right of revocation is not hand delivered or postmarked within the seven-day revocation period, consistent with federal laws prohibiting discrimination (the “Federal Discrimination Laws”), nothing in this Agreement will automatically become effective as of the Effective Date. Xx. Xxxxxx further understands that the Agreement does not become effective or enforceable and that no payment will be made under the Agreement until the seven-day revocation period has expired. (d) Nothing in the general waiver and release set forth in Section 14 shall be deemed to prohibit you Xx. Xxxxxx from challenging the validity of the this release set forth in Section 9 under the Federal Discrimination Laws or from filing a charge or complaint of employment employment-related discrimination with the Equal Employment Opportunity Commission (“EEOC”)discrimination, harassment, or retaliation or from participating in any investigation or proceeding conducted by the EEOCbefore any federal, state or local court or administrative agency. However, this Agreement the release in Paragraph 14 does prohibit you Xx. Xxxxxx from seeking or receiving monetary damages or other individual-specific relief in connection with any such charge or complaint of employment-related discriminationcomplaint. Further, nothing in this Agreement shall be deemed to limit the CompanyBridgeline’s right to seek immediate dismissal of such charge or complaint on the basis that your Xx. Xxxxxx’x signing of this Agreement constitutes a full release of any individual rights under the Federal Discrimination Lawsapplicable law, or the CompanyBridgeline’s right to seek restitution or other legal remedies to the extent permitted by law of the economic benefits provided to you Xx. Xxxxxx under this Agreement in the event that you he successfully challenge challenges the validity of this release and prevail prevails in any claim under the Federal Discrimination Lawsapplicable law.

Appears in 1 contract

Samples: Separation and Advisor Agreement (Bridgeline Digital, Inc.)

OWBPA. Because you are at least forty (40) years of age, you have specific rights under the federal Age Discrimination in Employment Act (“ADEA”) and Older Workers Benefits Benefit Protection Act (“OWBPA”), which prohibit discrimination on the basis of age. The release in Section 9 6 is intended to release any Claim you may have against the Company Millendo alleging discrimination on the basis of age under the ADEA, OWBPA OWBPA, and other Laws. Notwithstanding anything to the contrary in Laws and, by signing this Agreement, the release you acknowledge and confirm that: a. You have read this Agreement in Section 9 does not cover rights or Claims under the ADEA that arise from acts or omissions that occur after the date you sign its entirety and understand all of its terms; b. By this Agreement. It is the Company’s desire and intent to make certain that , you fully understand the provisions and effects of this Agreement. To that end, the Company hereby advises you have been advised in writing to consult with legal counsel prior to signing this Agreement for the purpose of reviewing the terms of this Agreement. Also; c. You knowingly, because freely, and voluntarily agree to all of the terms and conditions set out in this Agreement including, without limitation, the waiver, release, and covenants contained in it; d. You are signing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which you are at least age 40otherwise entitled; e. You have been given until March 13, and consistent with the provisions of the OWBPA2021, the Company is providing you with twentyforty-one five (2145) days from the date you originally received this Agreement (January 27, 2021), to consider and accept the terms of this Agreement by signing below and returning it to InsuletMillendo, c/o Xxxxxxxx Xxxxxx Xxxxxx Xxxxx at Insulet, 000 Xxxxxxxxxx Xxxx Xxxxx, Xxxxx 000, Xxxxxxxxx, XX 00000or to xxxxxxxxxxxx@xxxxxxxx.xxx. In addition, you may rescind your assent You specifically agree that negotiated changes to this Agreement if, within (material or immaterial) do not extend or re-start this 45-day consideration period. In addition you have seven (7) days after signing to revoke this Agreement by emailing your notice of revocation to Millendo, Xxxxxx Xxxxxx Xxxxx at xxxxxxxxxxxx@xxxxxxxx.xxx. f. Consistent with the provisions of the OWBPA, Millendo is providing you with the Disclosure attached to this Agreement as Exhibit B, in accordance with 29 U.S.C. § 626(f)(1)(H); and g. You understand that this release does not apply to rights or claims that may arise after you sign this Agreement, you deliver a notice of rescission to Xxxxxxxx Xxxxx at the Company. To be effective, such rescission must be hand delivered or postmarked within the seven (7) day period and sent by certified mail, return receipt requested, to Xxxxxxxx Xxxxx at the Company at the above referenced address. Further, consistent with federal laws prohibiting discrimination (the “Federal Discrimination Laws”), nothing in this Agreement shall be deemed to prohibit you from challenging the validity of the release set forth in Section 9 under the Federal Discrimination Laws or from filing a charge or complaint of employment related discrimination with the Equal Employment Opportunity Commission (“EEOC”), or from participating in any investigation or proceeding conducted by the EEOC. However, this Agreement does prohibit you from seeking or receiving monetary damages or other individual-specific relief in connection with any such charge or complaint of employment-related discrimination. Further, nothing in this Agreement shall be deemed to limit the Company’s right to seek immediate dismissal of such charge or complaint on the basis that your signing of this Agreement constitutes a full release of any individual rights under the Federal Discrimination Laws, or the Company’s right to seek restitution or other legal remedies to the extent permitted by law of the economic benefits provided to you under this Agreement in the event that you successfully challenge the validity of this release and prevail in any claim under the Federal Discrimination Laws.

Appears in 1 contract

Samples: Separation Agreement (Millendo Therapeutics, Inc.)

OWBPA. Because you are at least forty (40) years of age, you have specific rights under the federal Age Discrimination in Employment Act (“ADEA”) and Older Workers Benefits Benefit Protection Act (“OWBPA”), which prohibit discrimination on the basis of age. The release in Section 9 7 is intended to release any Claim you may have against the Company Synlogic alleging discrimination on the basis of age under the ADEA, OWBPA OWBPA,and other Laws. Notwithstanding anything to the contrary in this Agreement, the release in Section 9 7 does not cover rights or Claims under the ADEA that arise from acts or omissions that occur after the date you sign this AgreementAgreement or the Effective Date, whichever is later. It Further, it is the Company’s desire and intent to make certain that you fully understand the provisions and effects of this Agreement. To that end, the Company hereby advises you in writing to consult with legal counsel prior to signing this Agreement for the purpose of reviewing the terms of this Agreement. Also, because you are at least age 40, and consistent with the provisions of the OWBPA,you are being provided with certain information, in the chart attached as Exhibit B to this Agreement, pertaining to the ages and job titles of employees in the same decisional unit who are affected and who are not affected by the reduction in force that is resulting in the termination of your employment. In addition, consistent with the provisions of the OWBPA, the Company is providing you with twentyover forty-one five (2145) days from the date you are provided this Agreement to consider and accept the terms of this Agreement by signing below and returning it to InsuletXxxx Xxxx Xxxxxx, c/o Xxxxxxxx Xxxxx Head of Finance at Insuletxxxxxxxx@xxxxxxxxxx.xxx or returning it to Synlogic, 000 Xxxxxxxxxx Xxxx Xxxxx, Xxxxx 000Xxxxxx Xx, Xxxxxxxxx, XX 0000000000 c/o Xxxx Xxxx Xxxxxx, Head of Finance, and notifying Xxxx Xxxx Xxxxxx by email that it has been sent by hard copy. You further agree that any changes to this Agreement will not restart the running of this 45-day period. In addition, you may rescind your assent to this Agreement if, within seven (7seven(7) days after you sign this Agreement, you deliver a notice of rescission to Xxxxxxxx Xxxxx at the CompanySynlogic. To be effective, such rescission must be hand delivered or postmarked within the seven (7) day period and sent by certified mail, return receipt requested, to Xxxxxxxx Xxxxx Xxxx Xxxx Xxxxxx at the Company Synlogic at the above referenced address. FurtherAlso, consistent with the provisions of state and federal discrimination laws prohibiting discrimination (the “Federal Discrimination Laws”), nothing in this Agreement the general waiver and release set forth in Section 7 above shall be deemed to prohibit you from challenging the validity of the this release set forth in Section 9 under the Federal Discrimination Laws or from filing a charge or complaint of employment age or other related discrimination with the Equal Employment Opportunity Commission (“EEOC”)) or similar state agency, or from participating in any investigation or proceeding conducted by the EEOCEEOC or such state agency. However, this Agreement the release in Section 7 does prohibit you from seeking or receiving monetary damages or other individual-specific relief in connection with any such charge or complaint of employmentage or other work-related discrimination. Further, nothing in this Agreement shall be deemed to limit the CompanySynlogic’s right to seek immediate dismissal of such charge or complaint on the basis that your signing of this Agreement constitutes a full release of any individual rights under the Federal Discrimination Laws, or the CompanySynlogic’s right to seek restitution or other legal remedies to the extent permitted by law of the economic benefits provided to you under this Agreement in the event that you successfully challenge the validity of this release and prevail in any claim under the Federal Discrimination Laws.

Appears in 1 contract

Samples: Separation Agreement (Synlogic, Inc.)

OWBPA. Because you are at least forty (40) years This Agreement is intended to satisfy the requirements of age, you have specific rights under the federal Age Discrimination in Employment Act (“ADEA”) and Older Workers Benefits Workers’ Benefit Protection Act (the “OWBPA”), which prohibit discrimination on the basis of age29 U.S.C. sec. The release in Section 9 is intended to release any Claim 626(f). a. You acknowledge and agree that (i) you may have against the Company alleging discrimination on the basis of age under the ADEA, OWBPA read and other Laws. Notwithstanding anything to the contrary in this Agreement, the release in Section 9 does not cover rights or Claims under the ADEA that arise from acts or omissions that occur after the date you sign this Agreement. It is the Company’s desire and intent to make certain that you fully understand the provisions and effects of this Agreement. To that end, the Company hereby advises you in writing to consult with legal counsel prior to signing this Agreement for the purpose of reviewing the terms of this Agreement. Also, because ; (ii) you are advised to consult with an attorney before executing this Agreement, and you have been represented by legal counsel in connection with the signing of this Agreement or you have waived your right to such representation; (iii) you understand that the Company hereby gives you a period of at least age 40, and consistent with the provisions of the OWBPA, the Company is providing you with twenty-one (21) days to review and consider and accept the terms this Agreement before signing it. You further understand that you may use as much of this Agreement by signing below review and returning it consideration period as you wish prior to Insulet, c/o Xxxxxxxx Xxxxx at Insulet, 000 Xxxxxxxxxx Xxxx Xxxxx, Xxxxx 000, Xxxxxxxxx, XX 00000signing. In addition, you The Executive understands that he may rescind your assent to revoke this Agreement if, within for a period of seven (7) days after you sign this Agreementhe signs each respective agreement, you deliver a notice and that neither agreement shall be effective or enforceable until the expiration of rescission to Xxxxxxxx Xxxxx at the Company. To be effective, such rescission must be hand delivered or postmarked within the each respective seven (7) day period revocation period. You also agree and sent by certified mail, return receipt requested, to Xxxxxxxx Xxxxx at acknowledge that the Company at the above referenced address. Further, consistent with federal laws prohibiting discrimination (the “Federal Discrimination Laws”), nothing in this Agreement shall be deemed to prohibit you from challenging the validity of the release set forth in Section 9 under the Federal Discrimination Laws or from filing a charge or complaint of employment related discrimination with the Equal Employment Opportunity Commission (“EEOC”), or from participating in any investigation or proceeding conducted by the EEOC. However, this Agreement does prohibit you from seeking or receiving monetary damages or other individual-specific relief in connection with any such charge or complaint of employment-related discrimination. Further, nothing in this Agreement shall be deemed to limit the Company’s right to seek immediate dismissal of such charge or complaint on the basis that your signing of this Agreement constitutes a full release of any individual rights under the Federal Discrimination Laws, or the Company’s right to seek restitution or other legal remedies to the extent permitted by law of the economic benefits consideration provided to you under this Agreement is in addition to anything of value to which you are already entitled. b. You may revoke this Agreement for a period of seven (7) days following the event that day you successfully challenge sign same (the validity “Revocation Period”). Any revocation must be submitted, in writing, to Shutterstock, Inc. 000 Xxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000 Attention: General Counsel, and must state, “I hereby revoke my acceptance of my Separation Agreement and General Release”. This Agreement shall not become effective or enforceable until the expiration of the Revocation Period (the “Effective Date”). If the last day of the Revocation Period is a Saturday, Sunday or such legal holiday, then the Revocation Period shall not expire until the next following day which is not a Saturday, Sunday or legal holiday. If you revoke this release Agreement, it shall not be effective or enforceable, and prevail in any claim you will receive no further benefits under the Federal Discrimination Lawsthis Agreement.

Appears in 1 contract

Samples: Separation Agreement (Shutterstock, Inc.)

OWBPA. Because you are at least forty (40) years of age, you have specific rights under the federal Age Discrimination in Employment Act (“ADEA”) and Older Workers Benefits Benefit Protection Act (“OWBPA”), which prohibit discrimination on the basis of age. The release in Section 9 7 is intended to release any Claim you may have against the Company Synlogic alleging discrimination on the basis of age under the ADEA, OWBPA OWBPA, and other Laws. Notwithstanding anything to the contrary in this Agreement, the release in Section 9 7 does not cover rights or Claims under the ADEA that arise from acts or omissions that occur after the date you sign this AgreementAgreement or the Effective Date, whichever is later. It Further, it is the Company’s desire and intent to make certain that you fully understand the provisions and effects of this Agreement. To that end, the Company hereby advises you in writing to consult with legal counsel prior to signing this Agreement for the purpose of reviewing the terms of this Agreement. Also, because you are at least age 40, and consistent with the provisions of the OWBPA, the Company is providing you with twenty-one (21) days from the date you are provided this Agreement (until November 30, 2023) to consider and accept the terms of this Agreement by signing below and returning it to Insulet, c/o Xxxxxxxx Xxxxx at InsuletSynlogic, 000 Xxxxxxxxxx Xxxx Xxxxx, Xxxxx 000Xxxxxx Xx, Xxxxxxxxx, XX 0000000000 c/o Xxxx Xxxxxx, CHRO. In addition, you may rescind your assent to this Agreement if, within seven (7) days after you sign this Agreement, you deliver a notice of rescission to Xxxxxxxx Xxxxx Xxxx Xxxxxx at the CompanySynlogic. To be effective, such rescission must be hand delivered or postmarked within the seven (7) day period and sent by certified mail, return receipt requested, to Xxxxxxxx Xxxxx Xxxx Xxxxxx at the Company Synlogic at the above referenced address. FurtherAlso, consistent with the provisions of state and federal discrimination laws prohibiting discrimination (the “Federal Discrimination Laws”), nothing in this Agreement the general waiver and release set forth in Section 7 above shall be deemed to prohibit you from challenging the validity of the this release set forth in Section 9 under the Federal Discrimination Laws or from filing a charge or complaint of employment age or other related discrimination with the Equal Employment Opportunity Commission (“EEOC”)) or similar state agency, or from participating in any investigation or proceeding conducted by the EEOCEEOC or such state agency. However, this Agreement the release in Section 7 does prohibit you from seeking or receiving monetary damages or other individual-specific relief in connection with any such charge or complaint of employmentage or other work-related discrimination. Further, nothing in this Agreement shall be deemed to limit the CompanySynlogic’s right to seek immediate dismissal of such charge or complaint on the basis that your signing of this Agreement constitutes a full release of any individual rights under the Federal Discrimination Laws, or the CompanySynlogic’s right to seek restitution or other legal remedies to the extent permitted by law of the economic benefits provided to you under this Agreement in the event that you successfully challenge the validity of this release and prevail in any claim under the Federal Discrimination Laws.

Appears in 1 contract

Samples: Separation Agreement (Synlogic, Inc.)

OWBPA. Because you are at least forty (40) years This Agreement is intended to satisfy the requirements of age, you have specific rights under the federal Age Discrimination in Employment Act (“ADEA”) and Older Workers Benefits Workers’ Benefit Protection Act (the “OWBPA”), which prohibit discrimination on the basis of age29 U.S.C. sec. The release in Section 9 is intended to release any Claim 626(f). i. You acknowledge and agree that (i) you may have against the Company alleging discrimination on the basis of age under the ADEA, OWBPA read and other Laws. Notwithstanding anything to the contrary in this Agreement, the release in Section 9 does not cover rights or Claims under the ADEA that arise from acts or omissions that occur after the date you sign this Agreement. It is the Company’s desire and intent to make certain that you fully understand the provisions and effects of this Agreement. To that end, the Company hereby advises you in writing to consult with legal counsel prior to signing this Agreement for the purpose of reviewing the terms of this Agreement. Also, because ; (ii) you are at least age 40advised to consult with an attorney before executing this Agreement, and consistent you have been represented by legal counsel in connection with the provisions signing of the OWBPA, this Agreement or you have waived your right to such representation; (iii) you understand that the Company is providing hereby gives you with a period of twenty-one (21) days to review and consider and accept the terms this Agreement before signing it. You further understand that you may use as much of this Agreement by signing below review and returning it consideration period as you wish prior to Insulet, c/o Xxxxxxxx Xxxxx at Insulet, 000 Xxxxxxxxxx Xxxx Xxxxx, Xxxxx 000, Xxxxxxxxx, XX 00000signing. In addition, you The Executive understands that she may rescind your assent to revoke this Agreement if, within for a period of seven (7) days after you sign this Agreementshe signs each respective agreement, you deliver a notice and that neither agreement shall be Initials: /s/ LN Date: March 27, 2020 effective or enforceable until the expiration of rescission to Xxxxxxxx Xxxxx at the Company. To be effective, such rescission must be hand delivered or postmarked within the each respective seven (7) day period revocation period. Changes to this Agreement, material or otherwise, will not extend the aforementioned review and sent by certified mail, return receipt requested, to Xxxxxxxx Xxxxx at consideration period. You also agree and acknowledge that the Company at the above referenced address. Further, consistent with federal laws prohibiting discrimination (the “Federal Discrimination Laws”), nothing in this Agreement shall be deemed to prohibit you from challenging the validity of the release set forth in Section 9 under the Federal Discrimination Laws or from filing a charge or complaint of employment related discrimination with the Equal Employment Opportunity Commission (“EEOC”), or from participating in any investigation or proceeding conducted by the EEOC. However, this Agreement does prohibit you from seeking or receiving monetary damages or other individual-specific relief in connection with any such charge or complaint of employment-related discrimination. Further, nothing in this Agreement shall be deemed to limit the Company’s right to seek immediate dismissal of such charge or complaint on the basis that your signing of this Agreement constitutes a full release of any individual rights under the Federal Discrimination Laws, or the Company’s right to seek restitution or other legal remedies to the extent permitted by law of the economic benefits consideration provided to you under this Agreement is in addition to anything of value to which you are already entitled. ii. You may revoke this Agreement for a period of seven (7) days following the event that day you successfully challenge sign same (the validity “Revocation Period”). Any revocation must be submitted, in writing, to Shutterstock, Inc. 000 Xxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000 Attention: General Counsel, and must state, “I hereby revoke my acceptance of my Separation Agreement and General Release”. This Agreement shall not become effective or enforceable until the expiration of the Revocation Period (the “Effective Date”). If the last day of the Revocation Period is a Saturday, Sunday or such legal holiday, then the Revocation Period shall not expire until the next following day which is not a Saturday, Sunday or legal holiday. If you revoke this release Agreement, it shall not be effective or enforceable, and prevail in any claim you will receive no further benefits under the Federal Discrimination Lawsthis Agreement.

Appears in 1 contract

Samples: Confidential Separation Agreement and General Release (Shutterstock, Inc.)

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OWBPA. Because you are at least forty (40) years of age, you have specific rights under the federal Age Discrimination in Employment Act (“ADEA”) and Older Workers Benefits Protection Act (“OWBPA”), which prohibit discrimination on the basis of age. The release in Section 9 is intended to release any Claim you may have against the Company alleging discrimination on the basis of age under the ADEA, OWBPA and other Laws. Notwithstanding anything to the contrary in this Agreement, the release in Section 9 does not cover rights or Claims under the ADEA that arise from acts or omissions that occur after the date you sign this Agreement. It is the Company’s desire and intent to make certain that you fully understand the provisions and effects of this Agreement. To that end, the Company hereby advises you in writing to consult with legal counsel prior to signing this Agreement for the purpose of reviewing the terms of this Agreement. Also, because and you are at least being given the opportunity to do so. Because you are over 40 years of age, you are granted specific rights under the Older Workers Benefit Protection Act (OWBPA), which prohibits discrimination on the basis of age. Among other things, the release set forth in Section 5 is intended to release any rights you may have against the Company alleging discrimination on the basis of age 40under the Age Discrimination in Employment Act (ADEA), the OWBPA and consistent state and local laws. You acknowledge and understand that the release in Section 5 does not cover rights or claims under the ADEA that may arise after the date you sign this Agreement. Consistent with the provisions of the OWBPA, you will have 21 days from the Company is providing you with twenty-one (21) days date of this letter to consider and accept the terms provisions of this Agreement by signing below (the “Consideration Period”). You and returning it the Company agree that any changes to Insuletthis Agreement, c/o Xxxxxxxx Xxxxx at Insuletwhether material or immaterial, 000 Xxxxxxxxxx Xxxx Xxxxx, Xxxxx 000, Xxxxxxxxx, XX 00000do not restart the running of the original 21-day period. In additionFurthermore, you may rescind revoke your assent to this Agreement if, within seven (7) days after the date you sign this Agreement, you deliver a written notice of rescission revocation to Xxxxxxxx Xxxxx at the Company. To be effective, such notice of rescission must be hand delivered or postmarked within the seven (7) day period postmarked, and sent by certified mail, return receipt requested, or delivered in-hand within the seven (7) day period to Xxxxxxxx Xxxxx Xxxx Xxxxxxx at Syros, 00 XxxxxxxxxXxxx Xxxxx, 0xx xxxxx, Xxxxxxxxx, XX 00000. On the Company at the above referenced addresseighth day following your execution of this Agreement without your revocation, it will become final and binding on all parties. FurtherAlso, consistent with the provisions of the OWBPA and other federal laws prohibiting discrimination (the “Federal Discrimination Laws”)laws, nothing in this Agreement the release in Section 5 shall be deemed to prohibit you from challenging the validity of the this release set forth in Section 9 under the federal age or other discrimination laws (the “Federal Discrimination Laws Laws”) or from filing a charge or complaint of age or other employment related discrimination with the Equal Employment Opportunity Commission (“EEOC”), or from participating in any investigation or proceeding conducted by the EEOC. However, this Agreement the release in Section 5 does prohibit you from seeking or receiving monetary damages or other individual-specific relief in connection with any such charge or complaint of age or other employment-related discrimination. Further, nothing in this release or Agreement shall be deemed to limit the Company’s right to seek immediate dismissal of such charge or complaint on the basis that your signing of this Agreement constitutes a full release of any individual rights under the Federal Discrimination Laws, or the Company’s right to seek restitution or other legal remedies to the extent permitted by law of the economic benefits Xxxx X. Xxxxx, Ph.D. October 16, 2023 provided to you under this Agreement in the event that you successfully challenge the validity of this release and prevail in any claim under the Federal Discrimination Laws. By signing this Agreement, you acknowledge and agree that: (i) but for providing this waiver and release, you would not be receiving the Severance Benefits being provided to you under the terms of this Agreement; (ii) you understand the various claims you are entitled to assert under the laws set forth above; (iii) you have read this Agreement carefully and understand all its provisions; and (iv) the Company has advised you to consult with an attorney before signing this Agreement and to the extent that you desired, you availed yourself of this right.

Appears in 1 contract

Samples: Separation Agreement (Syros Pharmaceuticals, Inc.)

OWBPA. Because you are at least forty (40) years of age, you have specific rights under the federal Age Discrimination in Employment Act (“ADEA”) and Older Workers Benefits Protection Act (“OWBPA”), which prohibit discrimination on the basis of age. The release in Section 9 is intended to release any Claim you may have against the Company alleging discrimination on the basis of age under the ADEA, OWBPA and other Laws. Notwithstanding anything to the contrary in this Agreement, the release in Section 9 does not cover rights or Claims under the ADEA that arise from acts or omissions that occur after the date you sign this Agreement. It is the CompanySapient’s desire and intent to make certain that you fully understand the provisions and effects of this Agreement. To that end, you have been encouraged and given the Company hereby advises you in writing opportunity to consult with legal counsel prior to signing this Agreement for the purpose of reviewing the terms of this Agreement, and if you execute this Agreement prior to the 21-day period, you expressly waive any rights to the balance of that period. Also, because Because you are at least age 40over 40 years of age, you are granted specific rights under the Older Workers Benefit Protection Act (the “OWBPA”), which prohibits discrimination on the basis of age. The release set forth in Sections 12 and consistent with 13 is intended to release any rights you may have against Sapient alleging discrimination on the provisions basis of the OWBPA, the Company is providing you with age. You have twenty-one (21) days after the date of this letter (to March 4, 2011) to consider and accept the terms provisions of this Agreement by signing below Agreement. By executing this Agreement, you are waiving your claims knowingly and returning it willingly and agreeing that changes to Insuletthis Agreement, c/o Xxxxxxxx Xxxxx at Insuletmaterial or immaterial, 000 Xxxxxxxxxx Xxxx Xxxxx, Xxxxx 000, Xxxxxxxxx, XX 00000do not restart the 21-day period. In additionFurthermore, you may rescind your assent to this Agreement if, within seven (7) days after the date you sign this Agreement, you deliver a written notice of rescission to Xxxxxxxx Xxxxx at the CompanySapient. To be effective, such notice of rescission must be hand delivered or postmarked within the seven (7) day period postmarked, and sent by certified mail, return receipt requested, or delivered in-hand within the seven (7) day period to Xxxxxxxx Xxxxx at XxXxxxxx, NA GPC Lead, Sapient Corporation, 000 Xxxxxxxxx Xxxxxx, Xxxxxx, XX 00000. If you do not rescind, this Agreement will become final and binding on all parties. Consistent with the Company at provisions of the above referenced address. FurtherOWBPA and other federal discrimination laws, consistent with nothing in this release prohibits you from challenging the validity of this release under the federal age or other discrimination laws prohibiting discrimination (the “Federal Discrimination Laws”), nothing in this Agreement shall be deemed to prohibit you from challenging the validity of the release set forth in Section 9 under the Federal Discrimination Laws ) or from filing a charge or complaint of employment age or other employment- related discrimination with the Equal Employment Opportunity Commission (the “EEOC”), or from participating in any investigation or proceeding conducted by the EEOC. However, this Agreement does prohibit you from seeking or receiving monetary damages or other individual-specific relief in connection with any such charge or complaint of employment-related discrimination. Further, nothing in this Agreement shall be deemed to limit limits the Company’s right to seek immediate dismissal of such charge or complaint on the basis that your signing of this Agreement constitutes a full release of any individual rights under the Federal Discrimination Laws, or the Company’s right to seek restitution or other legal remedies to the extent permitted by law of the economic benefits provided to you under this Agreement in the event that (or other legal remedies) if you successfully challenge the validity of this release and prevail in any claim under the Federal Discrimination Laws.

Appears in 1 contract

Samples: Severance Agreement (Sapient Corp)

OWBPA. Because you are at least forty (40) years of age, you have specific rights under the federal Age Discrimination in Employment Act (“ADEA”) and Older Workers Benefits Benefit Protection Act (“OWBPA”), which prohibit discrimination on the basis of age. The release in Section 9 7 is intended to release any Claim you may have against the Company Synlogic alleging discrimination on the basis of age under the ADEA, OWBPA OWBPA, and other Laws. Notwithstanding anything to the contrary in this Agreement, the release in Section 9 7 does not cover rights or Claims under the ADEA that arise from acts or omissions that occur after the date you sign this AgreementAgreement or the Effective Date, whichever is later. It Further, it is the Company’s desire and intent to make certain that you fully understand the provisions and effects of this Agreement. To that end, the Company hereby advises you in writing to consult with legal counsel prior to signing this Agreement for the purpose of reviewing the terms of this Agreement. Also, because you are at least age 40, and consistent with the provisions of the OWBPA, you are being provided with certain information, in the chart attached as Exhibit B to this Agreement, pertaining to the ages and job titles of employees in the same decisional unit who are affected and who are not affected by the reduction in force that is resulting in the termination of your employment. In addition, consistent with the provisions of the OWBPA, the Company is providing you with twentyover forty-one five (2145) days from the date you are provided this Agreement to consider and accept the terms of this Agreement by signing below and returning it to InsuletXxxx Xxxx Xxxxxx, c/o Xxxxxxxx Xxxxx Head of Finance at Insuletxxxxxxxx@xxxxxxxxxx.xxx or returning it to Synlogic, 000 Xxxxxxxxxx Xxxx Xxxxx, Xxxxx 000Xxxxxx Xx, Xxxxxxxxx, XX 0000000000 c/o Xxxx Xxxx Xxxxxx, Head of Finance, and notifying Xxxx Xxxx Xxxxxx by email that it has been sent by hard xxxx.Xxx further agree that any changes to this Agreement will not restart the running of this 45-day period. In addition, you may rescind your assent to this Agreement if, within seven (7) days after you sign this Agreement, you deliver a notice of rescission to Xxxxxxxx Xxxxx at the CompanySynlogic. To be effective, such rescission must be hand delivered or postmarked within the seven (7) day period and sent by certified mail, return receipt requested, to Xxxxxxxx Xxxxx Xxxx Xxxx Xxxxxx at the Company Synlogic at the above referenced address. FurtherAlso, consistent with the provisions of state and federal discrimination laws prohibiting discrimination (the “Federal Discrimination Laws”), nothing in this Agreement the general waiver and release set forth in Section 7 above shall be deemed to prohibit you from challenging the validity of the this release set forth in Section 9 under the Federal Discrimination Laws or from filing a charge or complaint of employment age or other related discrimination with the Equal Employment Opportunity Commission (“EEOC”)) or similar state agency, or from participating in any investigation or proceeding conducted by the EEOCEEOC or such state agency. However, this Agreement the release in Section 7 does prohibit you from seeking or receiving monetary damages or other individual-specific relief in connection with any such charge or complaint of employmentage or other work-related discrimination. Further, nothing in this Agreement shall be deemed to limit the CompanySynlogic’s right to seek immediate dismissal of such charge or complaint on the basis that your signing of this Agreement constitutes a full release of any individual rights under the Federal Discrimination Laws, or the CompanySynlogic’s right to seek restitution or other legal remedies to the extent permitted by law of the economic benefits provided to you under this Agreement in the event that you successfully challenge the validity of this release and prevail in any claim under the Federal Discrimination Laws.

Appears in 1 contract

Samples: Separation Agreement (Synlogic, Inc.)

OWBPA. Because you are at least forty (40) years of age, you have specific rights under the federal Age Discrimination in Employment Act (“ADEA”) and Older Workers Benefits Benefit Protection Act (“OWBPA”), which prohibit discrimination on the basis of age. The release in Section 9 7 is intended to release any Claim you may have against the Company Synlogic alleging discrimination on the basis of age under the ADEA, OWBPA OWBPA, and other Laws. Notwithstanding anything to the contrary in this Agreement, the release in Section 9 7 does not cover rights or Claims under the ADEA that arise from acts or omissions that occur after the date you sign this AgreementAgreement or the Effective Date, whichever is later. It Further, it is the Company’s desire and intent to make certain that you fully understand the provisions and effects of this Agreement. To that end, the Company hereby advises you in writing to consult with legal counsel prior to signing this Agreement for the purpose of reviewing the terms of this Agreement. Also, because you are at least age 40, and consistent with the provisions of the OWBPA, you are being provided with certain information, in the chart attached as Exhibit B to this Agreement, pertaining to the ages and job titles of employees in the same decisional unit who are affected and who are not affected by the reduction in force that is resulting in the termination of your employment. In addition, consistent with the provisions of the OWBPA, the Company is providing you with twentyover forty-one five (2145) days from the date you are provided this Agreement to consider and accept the terms of this Agreement by signing below and returning it to Insulet, c/o Xxxxxxxx Xxxxx at Insulet, 000 Xxxxxxxxxx Xxxx Xxxxx, Xxxxx 000, Xxxxxxxxx, XX 00000an authorized agent of the Company. You further agree that any changes to this Agreement will not restart the running of this 45-day period. In addition, you may rescind your assent to this Agreement if, within seven (7) days after you sign this Agreement, you deliver a notice of rescission to Xxxxxxxx Xxxxx at the CompanySynlogic. To be effective, such rescission must be hand delivered or postmarked within the seven (7) day period and sent by certified mail, return receipt requested, to Xxxxxxxx Xxxxx at the Company authorized agent at the above referenced address. FurtherAlso, consistent with the provisions of state and federal discrimination laws prohibiting discrimination (the “Federal Discrimination Laws”), nothing in this Agreement the general waiver and release set forth in Section 7 above shall be deemed to prohibit you from challenging the validity of the this release set forth in Section 9 under the Federal Discrimination Laws or from filing a charge or complaint of employment age or other related discrimination with the Equal Employment Opportunity Commission (“EEOC”)) or similar state agency, or from participating in any investigation or proceeding conducted by the EEOCEEOC or such state agency. However, this Agreement the release in Section 7 does prohibit you from seeking or receiving monetary damages or other individual-specific relief in connection with any such charge or complaint of employmentage or other work-related discrimination. Further, nothing in this Agreement shall be deemed to limit the CompanySynlogic’s right to seek immediate dismissal of such charge or complaint on the basis that your signing of this Agreement constitutes a full release of any individual rights under the Federal Discrimination Laws, or the CompanySynlogic’s right to seek restitution or other legal remedies to the extent permitted by law of the economic benefits provided to you under this Agreement in the event that you successfully challenge the validity of this release and prevail in any claim under the Federal Discrimination Laws.

Appears in 1 contract

Samples: Separation Agreement (Synlogic, Inc.)

OWBPA. Because you are at least forty (40) years of age, you have specific rights under the federal Age Discrimination in Employment Act (“ADEA”) and Older Workers Benefits Benefit Protection Act (“OWBPA”), which prohibit discrimination on the basis of age. The release in Section 9 7 is intended to release any Claim you may have against the Company Synlogic alleging discrimination on the basis of age under the ADEA, OWBPA OWBPA,and other Laws. Notwithstanding anything to the contrary in this Agreement, the release in Section 9 7 does not cover rights or Claims under the ADEA that arise from acts or omissions that occur after the date you sign this AgreementAgreement or the Effective Date, whichever is later. It Further, it is the Company’s desire and intent to make certain that you fully understand the provisions and effects of this Agreement. To that end, the Company hereby advises you in writing to consult with legal counsel prior to signing this Agreement for the purpose of reviewing the terms of this Agreement. Also, because you are at least age 40, and consistent with the provisions of the OWBPA,you are being provided with certain information, in the chart attached as Exhibit B to this Agreement, pertaining to the ages and job titles of employees in the same decisional unit who are affected and who are not affected by the reduction in force that is resulting in the termination of your employment. In addition, consistent with the provisions of the OWBPA, the Company is providing you with twentyover forty-one five (2145) days from the date you are provided this Agreement to consider and accept the terms of this Agreement by signing below and returning it to InsuletXxxx Xxxx Xxxxxx, c/o Xxxxxxxx Xxxxx Head of Finance at Insuletxxxxxxxx@xxxxxxxxxx.xxxxx returning it to Synlogic, 000 Xxxxxxxxxx Xxxx Xxxxx, Xxxxx 000Xxxxxx Xx, Xxxxxxxxx, XX 0000000000 c/o Xxxx Xxxx Xxxxxx, Head of Finance, and notifying Xxxx Xxxx Xxxxxx by email that it has been sent by hard copy. You further agree that any changes to this Agreement will not restart the running of this 45-day period. In addition, you may rescind your assent to this Agreement if, within seven (7seven(7) days after you sign this Agreement, you deliver a notice of rescission to Xxxxxxxx Xxxxx at the CompanySynlogic. To be effective, such rescission must be hand delivered or postmarked within the seven (7) day period and sent by certified mail, return receipt requested, to Xxxxxxxx Xxxxx Xxxx Xxxx Xxxxxx at the Company Synlogic at the above referenced address. FurtherAlso, consistent with the provisions of state and federal discrimination laws prohibiting discrimination (the “Federal Discrimination Laws”), nothing in this Agreement the general waiver and release set forth in Section 7 above shall be deemed to prohibit you from challenging the validity of the this release set forth in Section 9 under the Federal Discrimination Laws or from filing a charge or complaint of employment age or other related discrimination with the Equal Employment Opportunity Commission (“EEOC”)) or similar state agency, or from participating in any investigation or proceeding conducted by the EEOCEEOC or such state agency. However, this Agreement the release in Section 7 does prohibit you from seeking or receiving monetary damages or other individual-specific relief in connection with any such charge or complaint of employmentage or other work-related discrimination. Further, nothing in this Agreement shall be deemed to limit the CompanySynlogic’s right to seek immediate dismissal of such charge or complaint on the basis that your signing of this Agreement constitutes a full release of any individual rights under the Federal Discrimination Laws, or the CompanySynlogic’s right to seek restitution or other legal remedies to the extent permitted by law of the economic benefits provided to you under this Agreement in the event that you successfully challenge the validity of this release and prevail in any claim under the Federal Discrimination Laws.

Appears in 1 contract

Samples: Separation Agreement (Synlogic, Inc.)

OWBPA. Because you are at least forty (40) years of age, you have specific rights under the federal Age Discrimination in Employment Act (“ADEA”) and Older Workers Benefits Protection Act (“OWBPA”), which prohibit discrimination on the basis of age. The release in Section 9 is intended to release any Claim you may have against the Company alleging discrimination on the basis of age under the ADEA, OWBPA and other Laws. Notwithstanding anything to the contrary in this Agreement, the release in Section 9 does not cover rights or Claims under the ADEA that arise from acts or omissions that occur after the date you sign this Agreement. It is the Company’s desire and intent to make certain that you fully understand the provisions and effects of this Agreement. To that end, the Company hereby advises you in writing to consult with legal counsel prior to signing this Agreement for the purpose of reviewing the terms of this Agreement. Also, because and you are at least being given the opportunity to do so. Because you are over 40 years of age, you are granted specific rights under the Older Workers Benefit Protection Act (OWBPA), which prohibits discrimination on the basis of age. Among other things, the release set forth in Section 5 is intended to release any rights you may have against the Company alleging discrimination on the basis of age 40under the Age Discrimination in Employment Act (ADEA), the OWBPA, and consistent state and local laws. You acknowledge and understand the release in Section 5 does not cover rights or claims under the ADEA that may arise after the date you sign this Agreement. Consistent with the provisions of the OWBPA, you will have at least 21 days from the Company is providing you with twenty-one (21) days original date of this letter to consider and accept the terms provisions of this Agreement by signing below (the “Review Period”). You and returning it the Company agree that any changes to Insuletthis Agreement, c/o Xxxxxxxx Xxxxx at Insuletwhether material or immaterial, 000 Xxxxxxxxxx Xxxx Xxxxx, Xxxxx 000, Xxxxxxxxx, XX 00000do not restart the running of the Review Period. In additionFurthermore, you may rescind your assent to this Agreement if, within seven (7) days after the date you sign this Agreement, you deliver a written notice of rescission to Xxxxxxxx Xxxxx at the CompanyCompany (“Rescission Period”). To be effective, such notice of rescission must be hand delivered or postmarked within the seven (7) day period postmarked, and sent by certified mail, return receipt requested, or delivered in-hand within the seven-day period to Xxxxxxxx Xxxx Den Besten, Vice President, Head of Human Resources, Generation Bio, 000 Xxxxxx Xx., Xxxxx at 000, Xxxxxxxxx, XX 00000. On the Company at the above referenced addresseighth day following your execution of this Agreement without your revocation, it will become final and binding on all parties. FurtherAlso, consistent with the provisions of the OWBPA and other federal laws prohibiting discrimination (the “Federal Discrimination Laws”)laws, nothing in this Agreement the release in Section 5 shall be deemed to prohibit you from challenging the validity of the this release set forth in Section 9 under the federal age or other discrimination laws (the “Federal Discrimination Laws Laws”) or from filing a charge or complaint of age or other employment related discrimination with the Equal Employment Opportunity Commission (“EEOC”), or from participating in any investigation or proceeding conducted by the EEOC. However, this Agreement the release in Section 5 does prohibit you from seeking or receiving monetary damages or other individual-specific relief in connection with any such charge or complaint of age or other employment-related discrimination. Further, nothing in this release or Agreement shall be deemed to limit the Company’s right to seek immediate dismissal of such charge or complaint on the basis that your signing of this Agreement constitutes a full release of any individual rights under the Federal Discrimination Laws, or the Company’s right to seek restitution or other legal remedies to the extent permitted by law of the economic benefits provided to you under this Agreement in the event that you successfully challenge the validity of this release and prevail in any claim under the Federal Discrimination Laws.

Appears in 1 contract

Samples: Severance Agreement (Generation Bio Co.)

OWBPA. Because you are at least forty (40) years of age, you have specific rights under the federal Age Discrimination in Employment Act (“ADEA”) and Older Workers Benefits Protection Act (“OWBPA”), which prohibit discrimination on the basis of age. The release in Section 9 8 is intended to release any Claim you may have against the Company alleging discrimination on the basis of age under the ADEA, OWBPA and other Laws. Notwithstanding anything to the contrary in this Agreement, the release in Section 9 8 does not cover rights or Claims under the ADEA that arise from acts or omissions that occur after the date you sign this Agreement. It is the Company’s desire and intent to make certain that you fully understand the provisions and effects of this Agreement. To that end, the Company hereby advises you in writing to consult with legal counsel prior to signing this Agreement for the purpose of reviewing the terms of this Agreement. Also, because you are at least age 40, and consistent with the provisions of the OWBPA, the Company is providing has provided you with twenty-one (21) days to consider and accept the terms of this Agreement by signing below and returning it to Insulet, c/o Xxxxxxxx Xxxxx Xxxxxx at Insulet, 000 Xxxxxxxxxx Xxxx Xxxxx, Xxxxx 000, Xxxxxxxxx, XX 00000. In addition, you may rescind your assent to this Agreement if, within seven (7) days after you sign this Agreement, you deliver a notice of rescission to Xxxxxxxx Xxxxx Xxxxxx at the Company. To be effective, such rescission must be hand delivered or postmarked within the seven (7) day period and sent by certified mail, return receipt requested, to Xxxxxxxx Xxxxx Xxxxxx at the Company at the above referenced address. Further, consistent with federal laws prohibiting discrimination (the “Federal Discrimination Laws”), nothing in this Agreement shall be deemed to prohibit you from challenging the validity of the release set forth in Section 9 8 under the Federal Discrimination Laws or from filing a charge or complaint of employment related discrimination with the Equal Employment Opportunity Commission (“EEOC”), or from participating in any investigation or proceeding conducted by the EEOC. However, this Agreement does prohibit you from seeking or receiving monetary damages or other individual-specific relief in connection with any such charge or complaint of employment-related discrimination. Further, nothing in this Agreement shall be deemed to limit the Company’s right to seek immediate dismissal of such charge or complaint on the basis that your signing of this Agreement constitutes a full release of any individual rights under the Federal Discrimination Laws, or the Company’s right to seek restitution or other legal remedies to the extent permitted by law of the economic benefits provided to you under this Agreement in the event that you successfully challenge the validity of this release and prevail in any claim under the Federal Discrimination Laws.

Appears in 1 contract

Samples: Separation Agreement (Insulet Corp)

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