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 8 (including as reaffirmed in Exhibit A) is intended to release any Claim you may have against 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 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 InVivo’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, InVivo hereby advises you in writing to consult with legal counsel for the purpose of reviewing the terms of this Agreement and the Reaffirmation. Consistent with the provisions of OWBPA, you have twenty-one (21) days (or until October 27, 2016) to consider and accept the 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 have at least twenty-one (21) days to consider and accept the provisions of the Reaffirmation by signing and returning Exhibit 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 the Agreement or the Reaffirmation, you deliver a written notice of rescission to 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 Xxxxxx Xxxxxx at the above referenced address. Also, consistent with the provisions of the OWBPA and other federal discrimination laws (the “Federal Discrimination Laws”), nothing in 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 your release 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, 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.)

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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 8 (including as reaffirmed in Exhibit A) 9 is intended to release any Claim you may have against InVivo 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 8 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; 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 InVivothe Company’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, InVivo 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 Agreement. Also, because you are at least age 40, and the Reaffirmation. Consistent consistent with the provisions of the OWBPA, the Company is providing you have twenty-one (21) days (or until October 27, 2016) to consider and accept the 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 have at least with twenty-one (21) days to consider and accept the provisions terms of the Reaffirmation this Agreement by signing below and returning Exhibit A (as set forth in the previous sentence) on the Separation Dateit 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 or the Reaffirmation, if, within seven (7) days after the date you sign the Agreement or the Reaffirmationthis 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 Xxxxxx Xxxxxx Xxxxxxxx Xxxxx at the Company at the above referenced address. AlsoFurther, consistent with the provisions of the OWBPA and other federal laws prohibiting discrimination laws (the “Federal Discrimination Laws”), nothing in the general waiver and release set forth either in Section 8 above or in the Reaffirmation this Agreement shall be deemed to prohibit you from challenging the validity of your the release of Claims 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, your release of Claims under this Agreement, including Exhibit A, Agreement 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: Separation Agreement (Insulet Corp), Separation Agreement (Insulet Corp)

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 8 (including as reaffirmed in Exhibit A) is intended to release any Claim you may have against 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 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 626(f). i. You acknowledge and agree that (i) you will have released any such rights or Claims under the ADEA that arise from any acts or omissions up to read and through the Separation Date. It is InVivo’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, InVivo hereby advises you in writing to consult with legal counsel for the purpose of reviewing the terms of this Agreement Agreement; (ii) you are advised to consult with an attorney before executing this Agreement, and the Reaffirmation. Consistent you have been represented by legal counsel in connection with the provisions of OWBPA, you have twenty-one (21) days (or until October 27, 2016) to consider and accept the provisions signing 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 or you have at least waived your right to such representation; (iii) you understand that the Company hereby gives you a period of twenty-one (21) days to review and consider and accept the provisions of the Reaffirmation by this Agreement before signing and returning Exhibit A (as set forth in the previous sentence) on the Separation Dateit. In addition, You further understand that you may rescind your assent use as much of this review and consideration period as you wish prior to signing. The Executive understands that she may revoke this Agreement or the Reaffirmation, if, within for a period of seven (7) days after she signs each respective agreement, and that neither agreement shall be Initials: /s/ LN Date: March 27, 2020 effective or enforceable until the date you sign the Agreement or the Reaffirmation, you deliver a written notice expiration of rescission to the Company. To be effective, such notice of rescission must be hand delivered or postmarked within the each respective seven (7) day period and sent by certified mail, return receipt requested, revocation period. Changes to Xxxxxx Xxxxxx at the above referenced address. Also, consistent with the provisions of the OWBPA and other federal discrimination laws (the “Federal Discrimination Laws”), nothing in 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 your release 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, including Exhibit Amaterial or otherwise, 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 discriminationwill not extend the aforementioned review and consideration period. Further, nothing in this Agreement or You also agree and acknowledge that 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 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.)

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 8 (including as reaffirmed in Exhibit A) 7 is intended to release any Claim you may have against InVivo 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 8 7 does not cover rights or Claims under the ADEA that arise from acts or omissions that occur after the date you sign this Agreement; providedAgreement or the Effective Date, howeverwhichever is later. Further, that upon your execution and non-revocation of it is 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 InVivoCompany’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, InVivo 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 Agreement. Also, because you are at least age 40, and the Reaffirmation. Consistent consistent with the provisions of the OWBPA, the Company is providing you have with twenty-one (21) days from the date you are provided this Agreement (or until October 27November 30, 20162023) to consider and accept the provisions terms of this Agreement by signing below and returning it to InVivoSynlogic, c/o 000 Xxxxxx Xxxxxx, SVP, General Counsel, InVivo Therapeutics, One Xxxxxxx Square Bldg. 1400E, 4th Fl.Xx, Xxxxxxxxx, XX 00000. You also acknowledge that you have at least twenty-one (21) days to consider and accept the provisions of the Reaffirmation by signing and returning Exhibit A (as set forth in the previous sentence) on the Separation Date00000 c/o Xxxx Xxxxxx, CHRO. In addition, you may rescind your assent to this Agreement or the Reaffirmation, if, within seven (7) days after the date you sign the Agreement or the Reaffirmationthis Agreement, you deliver a written notice of rescission to the CompanyXxxx Xxxxxx at Synlogic. 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 Xxxx Xxxxxx Xxxxxx at Synlogic at the above referenced address. Also, consistent with the provisions of the OWBPA state and other federal discrimination laws (the “Federal Discrimination Laws”), nothing in the general waiver and release set forth either in Section 8 7 above or in the Reaffirmation shall be deemed to prohibit you from challenging the validity of your this release 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 similar state agency, or from participating in any investigation or proceeding conducted by the EEOCEEOC or such state agency. However, your the release of Claims under this Agreement, including Exhibit A, 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 age or other employmentwork-related discrimination. Further, nothing in this Agreement or the Reaffirmation 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 and/or the Reaffirmation 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 8 (including as reaffirmed in Exhibit A) is intended to release any Claim you may have against InVivo 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 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 InVivoArQule’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, InVivo ArQule hereby advises you in writing to consult with legal counsel for the purpose of reviewing the terms of this Agreement Agreement. Also, because you are at least age 40, and the Reaffirmation. Consistent consistent with the provisions of the OWBPA, you have twenty-one (21) days (or until October 27April 3, 20162019) to consider and accept the provisions of this Agreement by signing below and returning it to InVivoArQule, c/o Xxxxxx Pxxxx Xxxxxxxx, Oxx Xxxx Xxxxxx, SVP, General Counsel, InVivo Therapeutics, One Xxxxxxx Square Bldg. 1400E, 4th Fl., XxxxxxxxxXxxxxxxxxx, XX 00000. You also acknowledge that you have at least twenty-one (21) days to consider and accept the provisions of the Reaffirmation by signing and returning Exhibit 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 the Agreement or the Reaffirmationthis Agreement, you deliver a written notice of rescission to 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 Xxxxxx Xxxxxx Pxxxx Xxxxxxxx at the above referenced address. Also, consistent with the provisions of the OWBPA and other federal discrimination laws (the “Federal Discrimination Laws”), nothing in 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 your this release 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 the release of Claims under this Agreement, including Exhibit A, 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 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 1 contract

Samples: Severance Agreement (Arqule 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 8 (including as reaffirmed in Exhibit A) 7 is intended to release any Claim you may have against InVivo 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 8 7 does not cover rights or Claims under the ADEA that arise from acts or omissions that occur after the date you sign this Agreement; providedAgreement or the Effective Date, howeverwhichever is later. Further, that upon your execution and non-revocation of it is 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 InVivoCompany’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, InVivo 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 Agreement. Also, because you are at least age 40, and the Reaffirmation. Consistent 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 have twentywith over forty-one five (2145) days (or until October 27, 2016) from the date you are provided this Agreement to consider and accept the provisions terms of this Agreement by signing below and returning it to InVivo, c/o Xxxxxx Xxxx Xxxx Xxxxxx, SVPHead of Finance at xxxxxxxx@xxxxxxxxxx.xxx or returning it to Synlogic, General Counsel, InVivo Therapeutics, One Xxxxxxx Square Bldg. 1400E, 4th Fl.000 Xxxxxx 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 also acknowledge further agree that you have at least twentyany changes to this Agreement will not restart the running of this 45-one (21) days to consider and accept the provisions of the Reaffirmation by signing and returning Exhibit A (as set forth in the previous sentence) on the Separation Dateday period. In addition, you may rescind your assent to this Agreement or the Reaffirmation, if, within seven (7seven(7) days after the date you sign the Agreement or the Reaffirmationthis Agreement, you deliver a written notice of rescission to the CompanySynlogic. 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 Xxxx Xxxx Xxxxxx Xxxxxx at Synlogic at the above referenced address. Also, consistent with the provisions of the OWBPA state and other federal discrimination laws (the “Federal Discrimination Laws”), nothing in the general waiver and release set forth either in Section 8 7 above or in the Reaffirmation shall be deemed to prohibit you from challenging the validity of your this release 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 similar state agency, or from participating in any investigation or proceeding conducted by the EEOCEEOC or such state agency. However, your the release of Claims under this Agreement, including Exhibit A, 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 age or other employmentwork-related discrimination. Further, nothing in this Agreement or the Reaffirmation 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 and/or the Reaffirmation 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”) of 1967, as amended, and the Older Workers Benefits Protection Act (“OWBPA”), which prohibit discrimination on the basis of age. The release in Section 8 (including as reaffirmed in Exhibit A) is intended to release any Claim you may have against 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 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 InVivoABIOMED’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, InVivo hereby advises you in writing have been encouraged and given the opportunity to consult with legal counsel for the purpose of reviewing the terms of this Agreement Agreement. Also, because you are at least age 40, and the Reaffirmation. Consistent consistent with the provisions of the OWBPA, the Company is providing you have with twenty-one (21) days (or until October 2722, 20162008) in which to consider and accept the provisions terms of this Agreement by signing below and returning it to InVivoABIOMED, c/o Xxxxxxx X. XxXxxxx, 00 Xxxxxx XxxxxxXxxx Xxxxx, SVP, General Counsel, InVivo Therapeutics, One Xxxxxxx Square Bldg. 1400E, 4th Fl., XxxxxxxxxXxxxxxx, XX 00000. You also acknowledge that you have at least twenty-one (21) days to consider and accept the provisions of the Reaffirmation by signing and returning Exhibit 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 the Agreement or the Reaffirmationthis Agreement, you deliver a written notice of rescission to the CompanyXxxxxxx X. XxXxxxx at ABIOMED. 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 Xxxxxx Xxxxxx Xxxxxxx X. XxXxxxx at ABIOMED at the above referenced address. Also, consistent with the provisions of the OWBPA and other federal discrimination laws (the “Federal Discrimination Laws”)laws, nothing in the general waiver and release set forth either in Section 8 5 above or in the Reaffirmation shall be deemed to prohibit you from challenging the validity of your this release of Claims 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, your release of Claims under this 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 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 8 (including as reaffirmed in Exhibit A) is intended to release any Claim you may have against 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 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 626(f). a. You acknowledge and agree that (i) you will have released any such rights or Claims under the ADEA that arise from any acts or omissions up to read and through the Separation Date. It is InVivo’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, InVivo hereby advises you in writing to consult with legal counsel for the purpose of reviewing the terms of this Agreement Agreement; (ii) you are advised to consult with an attorney before executing this Agreement, and the Reaffirmation. Consistent you have been represented by legal counsel in connection with the provisions of OWBPA, you have twenty-one (21) days (or until October 27, 2016) to consider and accept the provisions signing 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 or you have at least waived your right to such representation; (iii) you understand that the Company hereby gives you a period of twenty-one (21) days to review and consider and accept the provisions of the Reaffirmation by this Agreement before signing and returning Exhibit A (as set forth in the previous sentence) on the Separation Dateit. In addition, You further understand that you may rescind your assent use as much of this review and consideration period as you wish prior to signing. The Executive understands that he may revoke this Agreement or the Reaffirmation, if, within for a period of seven (7) days after he signs each respective agreement, and that neither agreement shall be effective or enforceable until the date you sign the Agreement or the Reaffirmation, you deliver a written notice expiration of rescission to the Company. To be effective, such notice of rescission must be hand delivered or postmarked within the each respective seven (7) day period and sent by certified mail, return receipt requested, revocation period. Changes to Xxxxxx Xxxxxx at the above referenced address. Also, consistent with the provisions of the OWBPA and other federal discrimination laws (the “Federal Discrimination Laws”), nothing in 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 your release 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, including Exhibit Amaterial or otherwise, 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 discriminationwill not extend the aforementioned review and consideration period. Further, nothing in this Agreement or You also agree and acknowledge that 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 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 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 8 (including as reaffirmed in Exhibit A) is intended to release any Claim you may have against 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 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 626(f). a. You acknowledge and agree that (i) you will have released any such rights or Claims under the ADEA that arise from any acts or omissions up to read and through the Separation Date. It is InVivo’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, InVivo hereby advises you in writing to consult with legal counsel for the purpose of reviewing the terms of this Agreement Agreement; (ii) you are advised to consult with an attorney before executing this Agreement, and the Reaffirmation. Consistent you have been represented by legal counsel in connection with the provisions of OWBPA, you have twenty-one (21) days (or until October 27, 2016) to consider and accept the provisions signing 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 or you have waived your right to such representation; (iii) you understand that the Company hereby gives you a period of at least twenty-one (21) days to review and consider and accept the provisions of the Reaffirmation by this Agreement before signing and returning Exhibit A (as set forth in the previous sentence) on the Separation Dateit. In addition, You further understand that you may rescind your assent use as much of this review and consideration period as you wish prior to signing. The Executive understands that he may revoke this Agreement or the Reaffirmation, if, within for a period of seven (7) days after he signs each respective agreement, and that neither agreement shall be effective or enforceable until the date you sign the Agreement or the Reaffirmation, you deliver a written notice expiration of rescission to the Company. To be effective, such notice of 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 Xxxxxx Xxxxxx at acknowledge that the above referenced address. Also, consistent with the provisions of the OWBPA and other federal discrimination laws (the “Federal Discrimination Laws”), nothing in 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 your release 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, 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 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 8 (including as reaffirmed in Exhibit A) 7 is intended to release any Claim you may have against InVivo 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 8 7 does not cover rights or Claims under the ADEA that arise from acts or omissions that occur after the date you sign this Agreement; providedAgreement or the Effective Date, howeverwhichever is later. Further, that upon your execution and non-revocation of it is 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 InVivoCompany’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, InVivo 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 Agreement. Also, because you are at least age 40, and the Reaffirmation. Consistent consistent with the provisions of the OWBPA, you have twentyare 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 over forty-one five (2145) days (or until October 27, 2016) from the date you are provided this Agreement to consider and accept the provisions terms of this Agreement by signing below and returning it to InVivo, c/o Xxxxxx Xxxx Xxxx Xxxxxx, SVPHead of Finance at xxxxxxxx@xxxxxxxxxx.xxx or returning it to Synlogic, General Counsel, InVivo Therapeutics, One Xxxxxxx Square Bldg. 1400E, 4th Fl.000 Xxxxxx Xx, Xxxxxxxxx, XX 00000. You also acknowledge 00000 c/o Xxxx Xxxx Xxxxxx, Head of Finance, and notifying Xxxx Xxxx Xxxxxx by email that you have at least twentyit has been sent by hard xxxx.Xxx further agree that any changes to this Agreement will not restart the running of this 45-one (21) days to consider and accept the provisions of the Reaffirmation by signing and returning Exhibit A (as set forth in the previous sentence) on the Separation Dateday period. In addition, you may rescind your assent to this Agreement or the Reaffirmation, if, within seven (7) days after the date you sign the Agreement or the Reaffirmationthis Agreement, you deliver a written notice of rescission to the CompanySynlogic. 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 Xxxx Xxxx Xxxxxx Xxxxxx at Synlogic at the above referenced address. Also, consistent with the provisions of the OWBPA state and other federal discrimination laws (the “Federal Discrimination Laws”), nothing in the general waiver and release set forth either in Section 8 7 above or in the Reaffirmation shall be deemed to prohibit you from challenging the validity of your this release 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 similar state agency, or from participating in any investigation or proceeding conducted by the EEOCEEOC or such state agency. However, your the release of Claims under this Agreement, including Exhibit A, 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 age or other employmentwork-related discrimination. Further, nothing in this Agreement or the Reaffirmation 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 and/or the Reaffirmation 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 8 (including as reaffirmed in Exhibit A) 7 is intended to release any Claim you may have against InVivo 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 8 7 does not cover rights or Claims under the ADEA that arise from acts or omissions that occur after the date you sign this Agreement; providedAgreement or the Effective Date, howeverwhichever is later. Further, that upon your execution and non-revocation of it is 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 InVivoCompany’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, InVivo 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 Agreement. Also, because you are at least age 40, and the Reaffirmation. Consistent consistent with the provisions of the OWBPA, you have twentyare 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 over forty-one five (2145) days (or until October 27, 2016) from the date you are provided this Agreement to consider and accept the provisions terms 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 00000an authorized agent of the Company. You also acknowledge further agree that you have at least twentyany changes to this Agreement will not restart the running of this 45-one (21) days to consider and accept the provisions of the Reaffirmation by signing and returning Exhibit A (as set forth in the previous sentence) on the Separation Dateday period. In addition, you may rescind your assent to this Agreement or the Reaffirmation, if, within seven (7) days after the date you sign the Agreement or the Reaffirmationthis Agreement, you deliver a written notice of rescission to the CompanySynlogic. 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 Xxxxxx Xxxxxx the authorized agent at the above referenced address. Also, consistent with the provisions of the OWBPA state and other federal discrimination laws (the “Federal Discrimination Laws”), nothing in the general waiver and release set forth either in Section 8 7 above or in the Reaffirmation shall be deemed to prohibit you from challenging the validity of your this release 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 similar state agency, or from participating in any investigation or proceeding conducted by the EEOCEEOC or such state agency. However, your the release of Claims under this Agreement, including Exhibit A, 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 age or other employmentwork-related discrimination. Further, nothing in this Agreement or the Reaffirmation 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 and/or the Reaffirmation 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 8 (including as reaffirmed in Exhibit A) is intended to release any Claim you may have against 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 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 InVivoSapient’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, InVivo hereby advises you in writing have been encouraged and given the opportunity to consult with legal counsel for the purpose of reviewing the terms of this Agreement, and if you execute this Agreement and prior to the Reaffirmation. Consistent with the provisions of OWBPA21-day period, you expressly waive any rights to the balance of that period. Because you are over 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 13 is intended to release any rights you may have against Sapient alleging discrimination on the basis of age. You have twenty-one (21) days after the date of this letter (or until October 27to March 4, 20162011) to consider and accept the 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 InVivothis Agreement, c/o Xxxxxx Xxxxxxmaterial or immaterial, SVP, General Counsel, InVivo Therapeutics, One Xxxxxxx Square Bldgdo not restart the 21-day period. 1400E, 4th Fl., Xxxxxxxxx, XX 00000. You also acknowledge that you have at least twenty-one (21) days to consider and accept the provisions of the Reaffirmation by signing and returning Exhibit A (as set forth in the previous sentence) on the Separation Date. In additionFurthermore, you may rescind your assent to this Agreement or the Reaffirmation, if, within seven (7) days after the date you sign the Agreement or the Reaffirmationthis Agreement, you deliver a written notice of rescission to 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 Xxxxxx Xxxxxx at the above referenced addressXxxxx XxXxxxxx, NA GPC Lead, Sapient Corporation, 000 Xxxxxxxxx Xxxxxx, Xxxxxx, XX 00000. AlsoIf you do not rescind, consistent this Agreement will become final and binding on all parties. Consistent with the provisions of the OWBPA and other federal discrimination laws, nothing in this release prohibits you from challenging the validity of this release under the federal age or other discrimination laws (the “Federal Discrimination Laws”), nothing in 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 your release of Claims under the Federal Discrimination Laws ) or from filing a charge or complaint of age or other employment employment- related discrimination with the Equal Employment Opportunity Commission (the “EEOC”), or from participating in any investigation or proceeding conducted by the EEOC. However, your release of Claims under this 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 limits 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 (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)

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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 Benefit Protection Act (“OWBPA”), which prohibit discrimination on the basis of age. The release in Section 8 (including as reaffirmed in Exhibit A) 6 is intended to release any Claim you may have against InVivo 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 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 its entirety and non-revocation understand all 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 InVivo’s desire and intent to make certain that you fully understand the provisions and effects of its terms; b. By this Agreement, including, without limitation, the Reaffirmation. To that end, InVivo 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; c. You knowingly, 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 Reaffirmation. Consistent with the provisions waiver and release, in exchange for good and valuable consideration in addition to anything of OWBPAvalue to which you are otherwise entitled; e. You have been given until March 13, you have twenty2021, forty-one five (2145) days from the date you originally received this Agreement (or until October January 27, 2016) 2021), to consider and accept the provisions terms of this Agreement by signing below and returning it to InVivoMillendo, c/o Xxxxxx Xxxxxx, SVP, General Counsel, InVivo Therapeutics, One Xxxxxxx Square Bldg. 1400E, 4th Fl., Xxxxxxxxx, XX 00000Xxxxxx Xxxxx or to xxxxxxxxxxxx@xxxxxxxx.xxx. You also acknowledge specifically agree that you have at least twenty-one (21) days to consider and accept the provisions of the Reaffirmation by signing and returning Exhibit A (as set forth in the previous sentence) on the Separation Date. In addition, you may rescind your assent negotiated changes to this Agreement (material or the Reaffirmation, if, within immaterial) do not extend or re-start this 45-day consideration period. In addition you have seven (7) days after the date you sign the signing to revoke this Agreement or the Reaffirmation, you deliver a written by emailing your notice of rescission revocation to the Company. To be effectiveMillendo, 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 Xxxxxx Xxxxxx Xxxxx at the above referenced address. Also, consistent xxxxxxxxxxxx@xxxxxxxx.xxx. f. Consistent with the provisions of the OWBPA and other federal discrimination laws (the “Federal Discrimination Laws”)OWBPA, nothing in the general waiver and release set forth either in Section 8 above or in the Reaffirmation shall be deemed to prohibit Millendo is providing you from challenging the validity of your release 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”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 from participating in any investigation or proceeding conducted by the EEOC. However, your release of Claims under claims that may arise after you sign this 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 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 Protection Act (“OWBPA”), which prohibit discrimination on the basis of age. The release in Section 8 (including as reaffirmed in Exhibit A) is intended to release any Claim you may have against 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 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 InVivothe Company’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, InVivo the Company hereby advises you in writing to consult with legal counsel for the purpose of reviewing the terms of this Agreement Agreement, and you are being given the Reaffirmationopportunity 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 under the Age Discrimination in Employment Act (ADEA), the OWBPA and 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 OWBPA, you will have twenty-one (21) 21 days (or until October 27, 2016) from the date of this letter to consider and accept the 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(the “Consideration Period”). You also acknowledge and the Company agree that you have at least twenty-one (21) days any changes to consider and accept this Agreement, whether material or immaterial, do not restart the provisions running of the Reaffirmation by signing and returning Exhibit A (as set forth in the previous sentence) on the Separation Dateoriginal 21-day period. In additionFurthermore, you may rescind revoke your assent to this Agreement or the Reaffirmation, if, within seven (7) days after the date you sign the Agreement or the Reaffirmationthis Agreement, you deliver a written notice of rescission revocation to 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 Xxxxxx Xxxxxx Xxxx Xxxxxxx at Syros, 00 XxxxxxxxxXxxx Xxxxx, 0xx xxxxx, Xxxxxxxxx, XX 00000. On the above referenced addresseighth day following your execution of this Agreement without your revocation, it will become final and binding on all parties. Also, consistent with the provisions of the OWBPA and other federal discrimination laws (the “Federal Discrimination Laws”)laws, nothing in the general waiver and release set forth either in Section 8 above or in the Reaffirmation 5 shall be deemed to prohibit you from challenging the validity of your this release of Claims 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, your the release of Claims under this Agreement, including Exhibit A, 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 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 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 8 (including as reaffirmed in Exhibit A) is intended to release any Claim you may have against InVivo 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 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 InVivothe Company’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, InVivo 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 Agreement. Also, because you are at least age 40, and the Reaffirmation. Consistent consistent with the provisions of the OWBPA, the Company has provided you have twenty-one (21) days (or until October 27, 2016) to consider and accept the 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 have at least with twenty-one (21) days to consider and accept the provisions terms of the Reaffirmation this Agreement by signing below and returning Exhibit A (as set forth in the previous sentence) on the Separation Dateit to Insulet, c/o Xxxxxxxx Xxxxxx at Insulet, 000 Xxxxxxxxxx Xxxx Xxxxx, Xxxxx 000, Xxxxxxxxx, XX 00000. In addition, you may rescind your assent to this Agreement or the Reaffirmation, if, within seven (7) days after the date you sign the Agreement or the Reaffirmationthis Agreement, you deliver a written notice of rescission to Xxxxxxxx Xxxxxx 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 Xxxxxx Xxxxxx at the Company at the above referenced address. AlsoFurther, consistent with the provisions of the OWBPA and other federal laws prohibiting discrimination laws (the “Federal Discrimination Laws”), nothing in the general waiver and release set forth either in Section 8 above or in the Reaffirmation this Agreement shall be deemed to prohibit you from challenging the validity of your the release of Claims set forth in Section 8 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, including Exhibit A, Agreement 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 1 contract

Samples: Separation Agreement (Insulet 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 Protection Act (“OWBPA”), which prohibit discrimination on the basis of age. The release in Section 8 (including as reaffirmed in Exhibit A) is intended to release any Claim you may have against 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 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 InVivothe Company’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, InVivo the Company hereby advises you in writing to consult with legal counsel for the purpose of reviewing the terms of this Agreement Agreement, and you are being given the Reaffirmationopportunity 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 under the Age Discrimination in Employment Act (ADEA), the OWBPA, and 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 OWBPA, you will have twenty-one (21) at least 21 days (or until October 27, 2016) from the original date of this letter to consider and accept the 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(the “Review Period”). You also acknowledge and the Company agree that you have at least twenty-one (21) days any changes to consider and accept this Agreement, whether material or immaterial, do not restart the provisions running of the Reaffirmation by signing and returning Exhibit A (as set forth in the previous sentence) on the Separation DateReview Period. In additionFurthermore, you may rescind your assent to this Agreement or the Reaffirmation, if, within seven (7) days after the date you sign the Agreement or the Reaffirmationthis Agreement, you deliver a written notice of rescission to 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 Xxxx Den Besten, Vice President, Head of Human Resources, Generation Bio, 000 Xxxxxx Xxxxxx at Xx., Xxxxx 000, Xxxxxxxxx, XX 00000. On the above referenced addresseighth day following your execution of this Agreement without your revocation, it will become final and binding on all parties. Also, consistent with the provisions of the OWBPA and other federal discrimination laws (the “Federal Discrimination Laws”)laws, nothing in the general waiver and release set forth either in Section 8 above or in the Reaffirmation 5 shall be deemed to prohibit you from challenging the validity of your this release of Claims 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, your the release of Claims under this Agreement, including Exhibit A, 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 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 1 contract

Samples: Severance Agreement (Generation Bio Co.)

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 8 (including as reaffirmed in Exhibit A) Paragraph 14 is intended to release any Claim you Claims Xx. Xxxxxx may have against InVivo 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 8 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; 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 Effective Date. . (b) It is InVivoBridgeline’s desire and intent to make certain that you fully understand Xx. Xxxxxx understands the provisions and effects of this Agreement, including, without limitation, the Reaffirmation. To that end, InVivo 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 Agreement, and Xx. Xxxxxx acknowledges he has, in fact, been represented by counsel in connection with the Reaffirmation. review, negotiation and execution of this Agreement. (c) Consistent with the provisions of OWBPA, you have twenty-one (21) days (or until October 27, 2016) to consider and accept the provisions of this Agreement by signing below and returning it to InVivo, c/o Bridgeline is providing Xx. Xxxxxx Xxxxxx, SVP, General Counsel, InVivo Therapeutics, One Xxxxxxx Square Bldg. 1400E, 4th Fl., Xxxxxxxxx, XX 00000. You also acknowledge that you have at least with twenty-one (21) days to consider and accept the provisions terms of this Agreement prior to signing 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 this Agreement, material or otherwise, will not restart the Reaffirmation by signing and returning Exhibit A twenty-one (as set forth in the previous sentence21) on the Separation Dateday review period. In addition, you Xx. Xxxxxx may rescind your his assent to this Agreement or the Reaffirmation, if, within seven (7) days after the date you sign the Agreement or the Reaffirmationhe signs this Agreement, you deliver he delivers a written notice of rescission to the CompanyXxxxxx X. Xxxxxxxxxxx, Marathas Xxxxxx & Xxxxxxxxxxx LLP, Xxx Xxxxxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxx, XX 00000. 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, requested to Xxxxxx Xxxxxx at the above above-referenced address. AlsoXx. 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 the provisions this Agreement will automatically become effective as of the OWBPA Effective Date. Xx. Xxxxxx further understands that the Agreement does not become effective or enforceable and other federal discrimination laws that no payment will be made under the Agreement until the seven-day revocation period has expired. (the “Federal Discrimination Laws”), nothing d) Nothing in the general waiver and release set forth either in Section 8 above or in the Reaffirmation 14 shall be deemed to prohibit you Xx. Xxxxxx from challenging the validity of your this release of Claims under the Federal Discrimination Laws or from filing a charge or complaint of age employment-related discrimination, harassment, or other employment related discrimination with the Equal Employment Opportunity Commission (“EEOC”), retaliation or from participating in any investigation or proceeding conducted by the EEOCbefore any federal, state or local court or administrative agency. However, your the release of Claims under this Agreement, including Exhibit A, 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 age or other employment-related discriminationcomplaint. Further, nothing in this Agreement or the Reaffirmation 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 and/or the Reaffirmation 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 8 (including as reaffirmed in Exhibit A) 7 is intended to release any Claim you may have against InVivo 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 8 7 does not cover rights or Claims under the ADEA that arise from acts or omissions that occur after the date you sign this Agreement; providedAgreement or the Effective Date, howeverwhichever is later. Further, that upon your execution and non-revocation of it is 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 InVivoCompany’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, InVivo 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 Agreement. Also, because you are at least age 40, and the Reaffirmation. Consistent 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 have twentywith over forty-one five (2145) days (or until October 27, 2016) from the date you are provided this Agreement to consider and accept the provisions terms of this Agreement by signing below and returning it to InVivo, c/o Xxxxxx Xxxx Xxxx Xxxxxx, SVPHead of Finance at xxxxxxxx@xxxxxxxxxx.xxxxx returning it to Synlogic, General Counsel, InVivo Therapeutics, One Xxxxxxx Square Bldg. 1400E, 4th Fl.000 Xxxxxx 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 also acknowledge further agree that you have at least twentyany changes to this Agreement will not restart the running of this 45-one (21) days to consider and accept the provisions of the Reaffirmation by signing and returning Exhibit A (as set forth in the previous sentence) on the Separation Dateday period. In addition, you may rescind your assent to this Agreement or the Reaffirmation, if, within seven (7seven(7) days after the date you sign the Agreement or the Reaffirmationthis Agreement, you deliver a written notice of rescission to the CompanySynlogic. 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 Xxxx Xxxx Xxxxxx Xxxxxx at Synlogic at the above referenced address. Also, consistent with the provisions of the OWBPA state and other federal discrimination laws (the “Federal Discrimination Laws”), nothing in the general waiver and release set forth either in Section 8 7 above or in the Reaffirmation shall be deemed to prohibit you from challenging the validity of your this release 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 similar state agency, or from participating in any investigation or proceeding conducted by the EEOCEEOC or such state agency. However, your the release of Claims under this Agreement, including Exhibit A, 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 age or other employmentwork-related discrimination. Further, nothing in this Agreement or the Reaffirmation 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 and/or the Reaffirmation 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 8 (including as reaffirmed in Exhibit A) is intended to release any Claim you may have against 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 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 InVivoXxxx’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, InVivo you acknowledge that you are hereby advises you in writing advised to consult with legal counsel for an attorney before signing this Agreement, particularly the purpose release of reviewing the terms of this Agreement ADEA claims, and the Reaffirmation. Consistent with the provisions of OWBPA, that you have twenty-one (21) days (or until October 27, 2016) been given an opportunity to consider and accept the 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 00000do so. You also acknowledge that that, consistent with the OWBPA the Company has given you have at least twentyforty-one five (2145) days (the “Review Period”) to consider signing this Agreement. You further acknowledge that the Review Period is not and accept will not be affected or extended by any revisions, whether material or immaterial, that might be made to this Agreement. In the provisions event you sign this Agreement before the Review Period has expired, you acknowledge that it is your intent to voluntarily waive the remainder of the Reaffirmation by signing and returning Exhibit A (as set forth in the previous sentence) on the Separation DateReview Period. In addition, you may rescind your assent to this This Agreement or the Reaffirmation, if, within will become effective seven (7) days after it is signed by you (the date you sign “Revocation Period”). Also consistent with the Agreement or the ReaffirmationOWBPA, you deliver a written notice may revoke this Agreement within the Revocation Period, and you understand that it shall not become effective until the expiration of rescission to the CompanyRevocation Period. To be effective, such notice of rescission must be hand delivered or postmarked within the seven (7) day period Revocation Period and sent by certified mail, return receipt requested, to Xxxxxx Xxxxxx at the above referenced addressPear Therapeutics, Inc., attn. AlsoXxxxx X’Xxxxx, consistent 000 Xxxxx Xxxxxx, Xxxxxx, XX 00000 with the provisions of the OWBPA and other federal discrimination laws (the “Federal Discrimination Laws”), nothing in the general waiver and release set forth either in Section 8 above or in the Reaffirmation shall be deemed a copy via email to prohibit xxxxx.xxxxxx@xxxxxxxxxxxxxxxx.xxx. If you from challenging the validity of your release 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 choose to revoke this Agreement, including Exhibit A, does prohibit you from seeking or receiving monetary damages or other individual-specific relief in connection understand that the Agreement will become null and void and that the Company will have no obligation to provide you with any such charge or complaint of age or other employment-related discrimination. Further, nothing the Separation Pay and Benefits as set forth 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 Agreement. In addition, in accordance with OWBPA, you are receiving with this Agreement and/or a list of (i) the Reaffirmation constitutes a full release job titles and ages 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 all employees in the event that you successfully challenge relevant decisional unit who were selected for the validity severance pay and benefits outlined in this Agreement; and (ii) the job titles and ages of all employees in the relevant decisional unit who were not selected for the severance pay and benefits as outlined in this release and prevail in any claim under the Federal Discrimination LawsAgreement.

Appears in 1 contract

Samples: Separation Agreement (Pear Therapeutics, Inc.)

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