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 ▇▇▇▇▇▇ ▇▇▇▇▇▇, SVP, General Counsel, InVivo Therapeutics, One ▇▇▇▇▇▇▇ Square Bldg. 1400E, 4th Fl., ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. 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 ▇▇▇▇▇▇ ▇▇▇▇▇▇ 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.

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 with twenty-one (21) days (or until October 27, 2016) to consider and accept the provisions terms of this Agreement by signing below and returning it to InVivoInsulet, c/o ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ at Insulet, ▇▇, SVP, General Counsel, InVivo Therapeutics, One ▇ ▇▇▇▇▇▇▇▇▇▇ Square Bldg. 1400E▇▇▇▇ ▇▇▇▇▇, 4th Fl.▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. 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 ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ 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.

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 (the “Review Period”). You and the Company agree that any changes to this Agreement, whether material or immaterial, do not restart the running of the Review Period. Furthermore, you may rescind your assent to this Agreement if, within seven days after the date you sign this Agreement, you deliver a written notice of rescission to the Company (“Rescission Period”). To be effective, such notice of rescission must be postmarked, and sent by signing below and returning it certified mail, return receipt requested, or delivered in-hand within the seven-day period to InVivo▇▇▇▇ Den Besten, c/o Vice President, Head of Human Resources, Generation Bio, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇., SVP, General Counsel, InVivo Therapeutics, One ▇▇▇▇▇▇▇ Square Bldg. 1400E, 4th Fl.▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. You also acknowledge that you have at least twenty-one (21) days to consider and accept On the provisions eighth day following your execution 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 Reaffirmationwithout your revocation, 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 it will become final and sent by certified mail, return receipt requested, to ▇▇▇▇▇▇ ▇▇▇▇▇▇ at the above referenced addressbinding 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.

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 over twenty-one (21) 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 M▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, SVP, General Counsel, InVivo Therapeutics, One Head of Finance at m▇▇▇▇▇▇▇ Square Bldg. 1400E, 4th Fl., ▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or returning it to Synlogic, PO Box 30, Winchester, MA 01890 c/o M▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Head of Finance, and notifying M▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ by email that it has been sent by hard copy. You also acknowledge further agree that you have at least any changes to this Agreement will not restart the running of this 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 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 M▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ 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.

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 executing this Agreement, you are waiving your claims knowingly and willingly and agreeing that changes to this Agreement, material or immaterial, do not restart the 21-day period. Furthermore, you may rescind your assent to this Agreement if, within seven (7) days after the date you sign this Agreement, you deliver a written notice of rescission to Sapient. To be effective, such notice of rescission must be postmarked, and sent by signing below and returning it certified mail, return receipt requested, or delivered in-hand within the seven (7) day period to InVivo▇▇▇▇▇ ▇▇▇▇▇▇▇▇, c/o NA GPC Lead, Sapient Corporation, ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, SVP, General Counsel, InVivo Therapeutics, One ▇▇▇▇▇▇▇ Square Bldg. 1400E, 4th Fl., ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. You also acknowledge that If 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 additiondo not rescind, 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 Companywill become final and binding on all parties. 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 ▇▇▇▇▇▇ ▇▇▇▇▇▇ at the above referenced address. Also, consistent 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.

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 signing of OWBPA, this Agreement or you have waived your right to such representation; (iii) you understand that the Company hereby gives you a period of twenty-one (21) days (or until October 27, 2016) to review and consider and accept the provisions this Agreement before signing it. You further understand that you may use as much of this review and consideration period as you wish prior to signing. The Executive understands that he may revoke this Agreement by signing below for a period of seven (7) days after he signs each respective agreement, and returning it that neither agreement shall be effective or enforceable until the expiration of each respective seven (7) day revocation period. Changes to InVivothis Agreement, c/o material or otherwise, will not extend the aforementioned review and consideration period. You also agree and acknowledge that the 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 day you sign same (the “Revocation Period”). Any revocation must be submitted, in writing, to Shutterstock, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, SVP, General Counsel, InVivo Therapeutics, One ▇▇▇▇▇▇▇ Square Bldg. 1400E, 4th Fl., ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. 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 ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ at ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ 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 above referenced address. Also, consistent with the provisions expiration of the OWBPA and other federal discrimination laws Revocation Period (the “Federal Discrimination LawsEffective Date”). If the last day of the Revocation Period is a Saturday, nothing in Sunday or such legal holiday, then the general waiver Revocation Period shall not expire until the next following day which is not a Saturday, Sunday or legal holiday. If you revoke this Agreement, it shall not be effective or enforceable, 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 will receive no further benefits 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.

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 (the “Consideration Period”). You and the Company agree that any changes to this Agreement, whether material or immaterial, do not restart the running of the original 21-day period. Furthermore, you may revoke your assent to this Agreement if, within seven (7) days after the date you sign this Agreement, you deliver a written notice of revocation to the Company. To be effective, such notice of rescission must be postmarked, and sent by signing below and returning it certified mail, return receipt requested, or delivered in-hand within the seven (7) day period to InVivo▇▇▇▇ ▇▇▇▇▇▇▇ at Syros, c/o ▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇, SVP, General Counsel, InVivo Therapeutics, One ▇▇ ▇▇▇▇▇▇▇ Square Bldg. 1400E, 4th Fl., ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. You also acknowledge that you have at least twenty-one (21) days to consider and accept On the provisions eighth day following your execution 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 Reaffirmationwithout your revocation, 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 it will become final and sent by certified mail, return receipt requested, to ▇▇▇▇▇▇ ▇▇▇▇▇▇ at the above referenced addressbinding 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 ▇▇▇▇ ▇. ▇▇▇▇▇, 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.

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 ▇▇▇▇▇▇ ▇▇▇▇▇▇, SVP, General Counsel, InVivo Therapeutics, One ▇▇▇▇▇▇▇ Square Bldg. 1400E, 4th Fl., ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. 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 ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ or to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇. You specifically agree that negotiated changes to this Agreement (material or immaterial) do not extend or re-start this 45-day consideration period. In addition you have seven (7) days after signing to revoke this Agreement by emailing your notice of revocation to Millendo, ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ at the above referenced address. Also, consistent ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇. 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.

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 signing of OWBPA, this Agreement or you have waived your right to such representation; (iii) you understand that the Company hereby gives you a period of at least twenty-one (21) days (or until October 27, 2016) to review and consider and accept the provisions this Agreement before signing it. You further understand that you may use as much of this review and consideration period as you wish prior to signing. The Executive understands that he may revoke this Agreement by signing below for a period of seven (7) days after he signs each respective agreement, and returning it that neither agreement shall be effective or enforceable until the expiration of each respective seven (7) day revocation period. You also agree and acknowledge that the consideration provided to InVivoyou 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 day you sign same (the “Revocation Period”). Any revocation must be submitted, c/o in writing, to Shutterstock, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, SVP, General Counsel, InVivo Therapeutics, One ▇▇▇▇▇▇▇ Square Bldg. 1400E, 4th Fl., ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. 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 ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ at ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ 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 above referenced address. Also, consistent with the provisions expiration of the OWBPA and other federal discrimination laws Revocation Period (the “Federal Discrimination LawsEffective Date”). If the last day of the Revocation Period is a Saturday, nothing in Sunday or such legal holiday, then the general waiver Revocation Period shall not expire until the next following day which is not a Saturday, Sunday or legal holiday. If you revoke this Agreement, it shall not be effective or enforceable, 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 will receive no further benefits 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.

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 ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, SVP, General Counsel, InVivo Therapeutics, One Head of Finance at ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ Square Bldg. 1400Eor returning it to Synlogic, 4th Fl.▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ c/o ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Head of Finance, and notifying ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ 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 ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ 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.

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 ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, SVP, General Counsel, InVivo Therapeutics, One Head of Finance at ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ Square Bldg. 1400Eor returning it to Synlogic, 4th Fl.▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ c/o ▇. You also acknowledge ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Head of Finance, and notifying ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ by email that you have at least twentyit has been sent by hard ▇▇▇▇.▇▇▇ 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 ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ 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.

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 ▇▇▇▇▇▇ ▇▇▇▇▇▇, SVP, General Counsel, InVivo Therapeutics, One ▇▇▇▇▇▇▇ Square Bldg. 1400E, 4th Fl., ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇an 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 ▇▇▇▇▇▇ ▇▇▇▇▇▇ 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.

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 signing of OWBPA, this Agreement or you have 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 this Agreement before signing it. You further understand that you may use as much of this review and consideration period as you wish prior to signing. The Executive understands that she may revoke this Agreement for a period of seven (or until October 7) days after she signs each respective agreement, and that neither agreement shall be Initials: /s/ LN Date: March 27, 20162020 effective or enforceable until the expiration of each respective seven (7) day revocation period. Changes to consider this Agreement, material or otherwise, will not extend the aforementioned review and accept consideration period. You also agree and acknowledge that the provisions of consideration provided to you under this Agreement by signing below and returning it is in addition to InVivoanything of value to which you are already entitled. ii. You may revoke this Agreement for a period of seven (7) days following the day you sign same (the “Revocation Period”). Any revocation must be submitted, c/o in writing, to Shutterstock, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, SVP, General Counsel, InVivo Therapeutics, One ▇▇▇▇▇▇▇ Square Bldg. 1400E, 4th Fl., ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. 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 ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ at ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ 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 above referenced address. Also, consistent with the provisions expiration of the OWBPA and other federal discrimination laws Revocation Period (the “Federal Discrimination LawsEffective Date”). If the last day of the Revocation Period is a Saturday, nothing in Sunday or such legal holiday, then the general waiver Revocation Period shall not expire until the next following day which is not a Saturday, Sunday or legal holiday. If you revoke this Agreement, it shall not be effective or enforceable, 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 will receive no further benefits 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.

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 ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, SVP, General Counsel, InVivo Therapeutics, One Head of Finance at ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇ Square Bldg. 1400Ereturning it to Synlogic, 4th Fl.▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ c/o ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Head of Finance, and notifying ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ 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 ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ 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.

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 P▇▇▇▇ ▇▇▇▇▇▇▇▇, O▇▇ ▇▇▇▇ ▇▇▇▇▇▇, SVP, General Counsel, InVivo Therapeutics, One ▇▇▇▇▇▇▇ Square Bldg. 1400E, 4th Fl., ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. 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 ▇▇P▇▇▇▇ ▇▇▇▇▇▇▇▇ 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.