Common use of ADEA Waiver Clause in Contracts

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”). You also acknowledge that the consideration given for the ADEA Waiver is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing, as required by the ADEA, that: (i) your ADEA Waiver does not apply to any rights or claims that arise after the date you sign this Agreement; (ii) you should consult with an attorney prior to signing this Agreement; (iii) you have sixty (60) days to consider this Agreement (although you may choose to voluntarily sign it sooner); (iv) you have seven (7) days following the date you sign this Agreement to revoke the ADEA Waiver, with such revocation to be effective only if you deliver written notice of revocation to the Company within the seven (7)-day period; and (v) the ADEA Waiver will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth day after you sign this Agreement (“Effective Date”). Nevertheless, your general release of claims, except for the ADEA Waiver, is effective immediately, and not revocable.

ADEA Waiver. You acknowledge [Applicable only if over 40] Employee acknowledges that you are Employee is knowingly and voluntarily waiving and releasing any rights you Employee may have under the ADEA ADEA, as amended. Employee also acknowledges that (“ADEA Waiver”). You also acknowledge that i) the consideration given to Employee in exchange for the ADEA Waiver waiver and release in this Severance Agreement is in addition to anything of value to which you were Employee was already entitled, and (ii) that Employee has been paid for all time worked and has received all the leave, leaves of absence and leave benefits and protections for which Employee is eligible. You Employee further acknowledge acknowledges that you have Employee has been advised by this writing, as required by the ADEA, writing that: (ia) your ADEA Waiver does Employee’s waiver and release do not apply to any rights or claims that may arise after the execution date you sign of this Severance Agreement; (iib) you Employee has been advised hereby that Employee should consult with an attorney prior to signing executing this Severance Agreement; (iiic) you have sixty Employee twenty-one (6021) days to consider this Severance Agreement (although you Employee may choose to voluntarily execute this Severance Agreement earlier and, if Employee does, Employee will sign it soonerthe Consideration Period waiver below); (ivd) you have Employee has seven (7) days following the date you sign Employee’s execution of this Severance Agreement to revoke the ADEA Waiver, with such revocation Severance Agreement in writing actually delivered to be effective only if you deliver written notice of revocation to the Company within the seven (7)-day period[_____] at ChannelAdvisor; and (ve) the ADEA Waiver will this Severance Agreement shall not be effective until the date upon which the revocation period has expired unexercised, which will shall be the eighth day after you sign this Severance Agreement is executed by Employee (the “Effective Date”). Nevertheless, your general release of claims, except for the ADEA Waiver, is effective immediately, and not revocable.

ADEA Waiver. You acknowledge [Applicable only if over 40] Employee acknowledges that you are Employee is knowingly and voluntarily waiving and releasing any rights you Employee may have under the ADEA ADEA, as amended. Employee also acknowledges that (“ADEA Waiver”). You also acknowledge that i) the consideration given to Employee in exchange for the ADEA Waiver waiver and release in this Severance Agreement is in addition to anything of value to which you were Employee was already entitled, and (ii) that Employee has been paid for all time worked and has received all the leave, leaves of absence and leave benefits and protections for which Employee is eligible. You Employee further acknowledge acknowledges that you have Employee has been advised by this writing, as required by the ADEA, writing that: (ia) your ADEA Waiver does Employee’s waiver and release do not apply to any rights or claims that may arise after the execution date you sign of this Severance Agreement; (iib) you Employee has been advised hereby that Employee should consult with an attorney prior to signing executing this Severance Agreement; (iiic) you have sixty Employee twenty-one (6021) days to consider this Severance Agreement (although you Employee may choose to voluntarily execute this Severance Agreement earlier and, if Employee does, Employee will sign it soonerthe Consideration Period waiver below); (ivd) you have Employee has seven (7) days following the date you sign Employee’s execution of this Severance Agreement to revoke the ADEA Waiver, with such revocation Severance Agreement in writing and actually delivered to be effective only if you deliver written notice of revocation to the Company within the seven (7)-day period[_____] at ChannelAdvisor; and (ve) the ADEA Waiver will this Severance Agreement shall not be effective until the date upon which the revocation period has expired unexercised, which will shall be the eighth day after you sign this Severance Agreement is executed by Employee (the “Effective Date”). Nevertheless, your general release of claims, except for the ADEA Waiver, is effective immediately, and not revocable.

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”). You also acknowledge ADEA, and that the consideration given for the ADEA Waiver waiver and release in the preceding paragraph hereof is in addition to anything of value to which you were are already entitled. You further acknowledge that you have been advised by this writingadvised, as required by the ADEA, that: (ia) your ADEA Waiver does waiver and release do not apply to any rights or claims that may arise after the date that you sign this Agreement; (iib) you should have the right to consult with an attorney prior to signing this AgreementAgreement (although you may choose voluntarily not to do so); (iiic) you have sixty forty-five (6045) days to consider this Agreement (although you may choose voluntarily to voluntarily sign it soonerearlier); (ivd) you have seven (7) days following the date you sign this Agreement to revoke the ADEA Waiver, with such revocation to be effective only if you deliver Agreement by providing written notice of your revocation to the Company within the seven (7)-day periodCompany’s Chief Executive Officer; and (ve) the ADEA Waiver this Agreement will not be effective until the date upon which the revocation period has expired unexercisedexpired, which will be the eighth day after you sign the date that this Agreement is signed by you (the “Effective Date”). NeverthelessYou hereby acknowledge that with this Agreement, your general release of claimsthe Company has provided you with an ADEA Disclosure Notice Under Title 29 U.S. Code Section 626(f)(1)(H) which is attached hereto as Exhibit D. Additionally, except for the ADEA Waiver, is effective immediatelysince you asked for, and not revocablereceived, material changes in this Agreement in your favor, you agree to waive the additional time for considering this offer to which you would otherwise be entitled. Thus, you agree that the required forty-five (45) day consideration period for this Agreement will be deemed to have started on January 29, 2004.

ADEA Waiver. You further specifically agree that, as part of the Released Claims, you are releasing any claims that you could assert under the ADEA (the “ADEA Waiver”). You acknowledge that that: you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”). You also acknowledge ADEA; that the Release Consideration is being given in partial consideration given for the ADEA Waiver Waiver; and that the Release Consideration is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writingadvised, as required by the ADEA, that: (i1) your this ADEA Waiver does not apply to any rights or claims that arise after the date you sign this Agreement; (ii2) you should consult with an attorney prior to signing this AgreementAgreement (although you may choose voluntarily not to do so); (iii3) you have sixty forty-five (6045) days to consider this Agreement (although you may choose voluntarily to voluntarily sign it soonerearlier); (iv4) you have seven (7) days following the date you sign this Agreement to revoke the ADEA Waiver, with such Agreement (in a written revocation provided to be effective only if you deliver written notice of revocation to and received by the Company Company’s CEO within the seven (7)-day 7-day revocation period); and (v5) the ADEA Waiver Agreement will not be effective until the date upon which the revocation period has expired unexercisedexpired, which will be the eighth day after you sign this Agreement Agreement, provided that you have not timely revoked it (the “Effective Date”). NeverthelessYou understand and agree that, your general release of claims, except for if you revoke the ADEA Waiver, is effective immediately, and you will not revocablebe entitled to the Release Consideration.

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“the "ADEA Waiver”"). You also acknowledge , and that the consideration given for the this ADEA Waiver is in addition to anything of value to which you were are already entitled. You further acknowledge that you have been advised by this writingadvised, as required by the ADEA, that: (i) your ADEA Waiver does not apply to any rights or claims that may arise after the date that you sign this Agreement; (ii) you should consult with an attorney prior to signing this AgreementAgreement (although you may choose voluntarily not to do so); (iii) you have sixty twenty-one (6021) days to consider this Agreement (although you may choose voluntarily to voluntarily sign it soonerearlier); (iv) you have seven (7) days following the date you sign this Agreement to revoke the ADEA Waiver, with such revocation to be effective only if you deliver Waiver (by providing written notice of your revocation to the Company within the seven (7)-day periodCompany; and (v) the this ADEA Waiver will not be effective until the date upon which the revocation period has expired unexercisedexpired, which will be the eighth day after you sign the date that this Agreement is signed by you provided that you do not revoke it (“the "Effective Date”'). Nevertheless, your general release of claims, except for You further acknowledge that the Employer has provided you with the ADEA Waiver, is effective immediately, and not revocableDisclosure information (under Title 29 USC Section 626(f)(l)(H)).

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA Federal Age Discrimination in Employment Act (“ADEA Waiver”). You also acknowledge ) and that the consideration given for the ADEA Waiver is in addition to anything of value to which you were are already entitled. You further acknowledge that you have been advised by this writing, as required by the ADEA, that: (ia) your ADEA Waiver does not apply to any rights or claims that may arise after the date you sign this AgreementRelease; (iib) you should consult with an attorney prior to signing executing this AgreementRelease; (iiic) you have sixty (60) [21/45]1 calendar days within which to consider this Agreement Release (although you may choose to voluntarily sign it soonerexecute this Release earlier); (ivd) you have seven (7) 7 calendar days following the date you sign execution of this Agreement Release to revoke your execution of the ADEA Waiver, with such revocation to be effective only if you deliver written notice of revocation to the Company within the seven (7)-day periodRelease; and (ve) the ADEA Waiver Release will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth day after you sign this Agreement Release provided that you have not revoked it (“Effective Date”). NeverthelessYou agree that any modifications, material or otherwise, made to this Release do not restart or affect in any manner the original [21/45]-day consideration period provided in this section. To revoke the Release after any execution, you must email [NAME] written notice of revocation at [EMAIL] prior to the end of the 7-day period. You acknowledge that your general release consent to this Release is knowing and voluntary. The offer described in this Release will be automatically withdrawn if you do not sign the Release within the [21/45]-day consideration period. 1 NTD: Review period to be determined as it depends on the circumstances around the termination of claims, except for the ADEA Waiver, is effective immediately, and not revocableemployment.

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”). You also acknowledge that the consideration given for the ADEA Waiver is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing, as required by the ADEA, that: (i) your ADEA Waiver does not apply to any rights or claims that arise after the date you sign this Agreement; (ii) you should consult with an attorney prior to signing this AgreementAgreement (although you may choose voluntarily not to do so); (iii) you have sixty twenty-one (6021) days to consider this Agreement (although you may choose to voluntarily sign it sooner); (iv) you have seven (7) days following the date you sign this Agreement to revoke the ADEA Waiverit, with such revocation to be effective only if you deliver written notice of revocation to the Company within the seven (7)-day period; and (v) the ADEA Waiver will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth day after you sign this Agreement (“Effective Date”). Nevertheless, your general release of claims, except for the ADEA Waiver, is effective immediately, and not revocable.

ADEA Waiver. You acknowledge Executive hereby acknowledges that you are Executive is knowingly and voluntarily waiving and releasing any rights you Executive may have under the ADEA (“ADEA Waiver”). You also acknowledge ADEA, and that the consideration given to Executive for the ADEA Waiver waiver and release in this Agreement is in addition to anything of value to which you were Executive was already entitled. You Executive further acknowledge acknowledges that you have Executive has been advised by this writing, as required by the ADEAADEA and the OWBPA, that: (i) your ADEA Waiver does Executive waiver and release do not apply to any rights or claims that may arise after the date you sign Executive signs this Agreement; (ii) you Executive should consult with an attorney prior to signing this AgreementAgreement (although Executive may voluntarily decide not to do so); (iii) you have sixty Executive has twenty-one (6021) days to consider this Agreement (although you Executive may choose voluntarily to voluntarily sign it this Agreement sooner); (iv) you have Executive has seven (7) days following the date you sign Executive signs this Agreement to revoke this Agreement (in a written revocation sent to and received by the ADEA Waiver, with such revocation to be effective only if you deliver written notice Chief Executive Officer of revocation to the Company within the seven (7)-day periodCompany); and (v) the ADEA Waiver this Agreement will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth day after you sign Executive signs this Agreement provided that Executive does not revoke it (the “Effective Date”). NeverthelessIrrespective of the above, your general release of claims, except for this entire agreement shall be null and void should the ADEA Waiver, is effective immediately, and Closing as contemplated by the Merger Agreement not revocableoccur.

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”). You also acknowledge that the consideration given for the ADEA Waiver is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing, as required by the ADEA, that: (ia) your ADEA Waiver does not apply to any rights or claims that arise after the date you sign this Agreement; (iib) you should consult with an attorney prior to signing this Agreement; (iiic) you have sixty twenty-one (6021) days to consider this Agreement (although you may choose to voluntarily sign it sooner); (ivd) you have seven (7) days following the date you sign this Agreement to revoke the ADEA Waiverit, with such revocation to be effective only if you deliver written notice of revocation to the Company within the seven (7)-day period; and (ve) the ADEA Waiver will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth day after you sign this Agreement (“Effective Date”). Nevertheless, your general release of claims, except for the ADEA Waiver, is effective immediately, and not revocable.

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA Age Discrimination in Employment Act of 1967 (“ADEA WaiverADEA”), and that this waiver and release is knowing and voluntary. You also agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. You acknowledge that the consideration given for the ADEA Waiver this waiver and release is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing, as required by the ADEA, writing that: (i) your ADEA Waiver does not apply to any rights or claims that arise after the date you sign this Agreement; (iia) you should consult with an attorney prior to signing executing this Agreement; (iiib) you have sixty twenty-one (6021) days within which to consider this Agreement (although you may choose to voluntarily sign it sooner)Agreement; (ivc) you have seven (7) days following your execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until after the date revocation period has expired; and (e) nothing in this Agreement prevents or precludes you from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event you sign this Agreement to revoke the ADEA Waiver, with such revocation to be effective only if you deliver written notice of revocation and returns it to the Company within in less than the seven twenty-one (7)-day period; 21)-day period identified above, you hereby acknowledge that you have freely and (v) voluntarily chosen to waive the ADEA Waiver will not time period allotted for considering this Agreement. You acknowledge and understand that revocation must be effective until accomplished by a written notification to the date upon which the revocation period has expired unexercised, which will be the eighth day after you sign person executing this Agreement (“on the Company’s behalf that is received prior to the Effective Date”). NeverthelessThe parties agree that changes, your general release whether material or immaterial, do not restart the running of claims, except for the ADEA Waiver, is effective immediately, and not revocabletwenty-one (21)-day period.

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA Federal Age Discrimination in Employment Act (“ADEA Waiver”). You also acknowledge ) and that the consideration given for the ADEA Waiver is in addition to anything of value to which you were are already entitled. You further acknowledge that you have been advised by this writing, as required by the ADEA, that: (ia) your ADEA Waiver does not apply to any rights or claims that may arise after the date you sign this Agreement; (iib) you should consult with an attorney prior to signing executing this Agreement; (iiic) you have sixty (60) at least 21 calendar days within which to consider this Agreement (although you may choose to voluntarily sign it soonerexecute the Agreement earlier); (ivd) you have seven (7) calendar days following the date you sign this execution of the Agreement to revoke the ADEA Waiver, with such revocation to be effective only if you deliver written notice of revocation to the Company within the seven (7)-day periodthis Agreement; and (ve) the ADEA Waiver Agreement will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth day after you sign this Agreement provided that you have not revoked it (“Effective Date”). NeverthelessYou agree that any modifications, material or otherwise, made to this Agreement do not restart or affect in any manner the original consideration period provided in this section. To revoke the Agreement, you must email Xxx Xxx a written notice of revocation at xxx.xxx@xxxxxxxxxxxx.xxx, prior to the end of the 7-day period. You acknowledge that your general release of claims, except for consent to this Agreement is knowing and voluntary. The offer described in this Agreement will be automatically withdrawn if you do not sign the ADEA Waiver, is effective immediately, and not revocableAgreement by the Deadline.

ADEA Waiver. You acknowledge that you are knowingly The release in this Release and voluntarily waiving and releasing any rights you may have Waiver also includes a waiver of claims against the Releasees under the ADEA and the Older Workers Benefit Protection Act (“OWBPA”) (collectively, “ADEA Waiver”). You also Therefore, pursuant to the requirements of the ADEA and the OWBPA, I specifically acknowledge that the consideration given for the ADEA Waiver is in addition to anything of value to which you were I was already entitledentitled and is adequate for the ADEA waiver contemplated by this Release and Waiver. You I further acknowledge that you I have been advised by this writing, as required by the ADEA, that: (ia) your my ADEA Waiver does not apply to any rights or claims that may arise after the date you I sign this AgreementRelease and Waiver; (iib) you should I have been advised to consult with an attorney of my choosing concerning the legal significance of this Release and Waiver prior to signing this Agreementsigning; (iiic) you I have sixty twenty-one (6021) days to consider this Agreement Release and Waiver (although you I may choose to voluntarily sign it sooner); (ivd) you I have seven (7) days following the date you I sign this Agreement Release and Waiver to revoke the ADEA Waiver, with such revocation to be effective only if you deliver written notice of revocation to the Company within the seven (7)-day period; and (ve) the ADEA Waiver will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth day after you I sign this Agreement (“Effective Date”). Nevertheless, your general release of claims, except for the ADEA Release and Waiver, is effective immediately, and not revocable.

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”). You also acknowledge , and that the consideration given for the ADEA Waiver and release in the preceding paragraph hereof is in addition to anything of value to which you were are already entitled. You further acknowledge that you have been advised by this writingadvised, as required by the ADEA, that: (ia) your ADEA Waiver does and release do not apply to any rights or claims that may arise after the date that you sign this Agreement; (iib) you should have the right to consult with an attorney prior to signing this AgreementAgreement (although you may choose voluntarily not to do so); (iiic) you have sixty forty-five (6045) days from the date you receive this Agreement to consider this Agreement (although you may choose voluntarily to voluntarily sign it soonerearlier); (ivd) you have seven (7) days following the date you sign this Agreement to revoke the ADEA Waiver, with such revocation to be effective only if you deliver Agreement by providing written notice of your revocation to the Company within the seven (7)-day periodCompany’s Vice President of Human Resources; and (ve) the ADEA Waiver will not be effective until the date upon which the revocation period has expired unexercisedexpired, which will be the eighth day after you sign the date that this Agreement is signed by you (the “Effective Date”). Nevertheless, your general release of claims, except for the ADEA Waiver, is effective immediately, and not revocable. You hereby acknowledge that the Company has provided you with the ADEA Disclosure information (under Title 29 U.S. Code Section 626(f)(1)(H)), enclosed with this Agreement.

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”). You also acknowledge that the consideration given for the ADEA Waiver is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing, as required by the ADEA, that: (i) your ADEA Waiver does not apply to any rights or claims that arise after the date you sign this Agreement; (ii) you should consult with an attorney prior to signing this Agreement; (iii) you have sixty twenty-one (6021) days to consider this Agreement (although you may choose to voluntarily sign it sooner); (iv) you have seven (7) days following the date you sign this Agreement to revoke the ADEA Waiver, with such revocation to be effective only if you deliver written notice of revocation to the Company within the seven (7)-day period; and (v) the ADEA Waiver will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth day after you sign this Agreement (“Effective Date”). Nevertheless, your general release of claims, except for the ADEA Waiver, is effective immediately, and not revocable.

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”). You also acknowledge that the consideration given for the ADEA Waiver is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing, as required by the ADEA, that: (ia) your ADEA Waiver does not apply to any rights or claims that arise after the date you sign this Agreement; (iib) you should consult with an attorney prior to signing this AgreementAgreement (although you may choose voluntarily not to do so); (iiic) you have sixty twenty-one (6021) days to consider this Agreement (although you may choose voluntarily to voluntarily sign it sooner); (ivd) you have seven (7) days following the date you sign this Agreement to revoke the ADEA Waiver, with such revocation to be effective only if you deliver Waiver by providing written notice of your revocation to the Company within the seven (7)-day periodme; and (ve) the ADEA Waiver will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth day after you sign this Agreement (“Effective Date”). Nevertheless, your general release of claims, except for the ADEA Waiver, is effective immediately, and not revocable.

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”). You also acknowledge that the consideration given for the ADEA Waiver is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing, as required by the ADEA, that: (ia) your ADEA Waiver does not apply to any rights or claims that arise after the date you sign this Agreement; (iib) you should consult with an attorney prior to signing this Agreement; (iiic) you have sixty twenty-one (6021) days to consider this Agreement (although you may choose to voluntarily sign it sooner); (ivd) you have seven (7) days following the date you sign this Agreement to revoke the ADEA Waiver, with such revocation to be effective only if you deliver written notice of revocation to the Company within the seven (7)-day period; and (ve) the ADEA Waiver will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth day after you sign this Agreement (“Effective Date”). Nevertheless, your general release of claims, except for the ADEA Waiver, is effective immediately, and not revocable.

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”). You also acknowledge ADEA, and that the consideration given for the ADEA Waiver waiver and release in the preceding paragraph hereof is in addition to anything of value to which you were are already entitled. You further acknowledge that you have been advised by this writingadvised, as required by the ADEA, that: (i) your ADEA Waiver does waiver and release do not apply to any rights or claims that may arise after the date that you sign this Agreement; (ii) you should consult with an attorney prior to signing this AgreementAgreement (although you may choose voluntarily not to do so); (iii) you have sixty twenty-one (6021) days from February 27, 2008 in which to consider this Agreement (although you may choose voluntarily to voluntarily sign it soonerearlier); (iv) you have seven (7) days following the date you sign this Agreement to revoke the ADEA Waiver, with such revocation to be effective only if you deliver Agreement by providing written notice of your revocation to the Company within the seven (7)-day periodBoard; and (v) the ADEA Waiver this Agreement will not be effective until the date upon which the revocation period has expired unexercisedexpired, which will be the eighth day after you sign the date that this Agreement is signed by you (the “Effective Date”). NeverthelessYou acknowledge and agree that any changes made to the Company’s original severance offer dated February 27, 2008 were at your general release of claimsrequest and to your benefit. Accordingly, except for the ADEA Waiver, is effective immediatelyyou hereby waive a new twenty-one (21) day consideration period to which you would otherwise be entitled, and not revocableexpressly agree that you will have until the close of business on March 19, 2008 (which is more than twenty-one (21) days from the date that you received the Company’s original severance offer) to consider this Agreement before the offer herein expires.

ADEA Waiver. You acknowledge The Executive acknowledges that you are knowingly and voluntarily he is waiving and releasing any rights you he may have under the ADEA Age Discrimination in Employment Act (“ADEA WaiverADEA”)) and that this waiver and release is knowing and voluntary. You also acknowledge The Executive acknowledges that the consideration given for the ADEA Waiver this Agreement is in addition to anything of value to which you were he is already entitled. You The Executive further acknowledge acknowledges that you have he has been advised by this writing, as required by the ADEA, writing that: (i) your ADEA Waiver does not apply to any rights or claims that arise after the date you sign this Agreement; (ii) you he should consult with an attorney prior to signing executing this Agreement; (iiiii) you have sixty he has up to twenty-one (6021) days from the date of this Agreement in which to consider this Agreement, although he may, at your discretion, sign and return the Agreement at any earlier time, in which case he waives all rights to the balance of this twenty-one (although you may choose to voluntarily sign it sooner)21) day review period; (iviii) you have he has seven (7) days following the date you sign his execution of this Agreement to revoke this Agreement (the “Revocation Period”); (iv) this Agreement, including the ADEA Waiverwaiver, with such revocation to shall not be effective only if you deliver written notice of revocation to until the Company within the seven (7)-day periodRevocation Period has expired; and (v) the ADEA Waiver will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth day after you sign nothing in this Agreement (“Effective Date”)prevents or precludes the Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA. NeverthelessThe Executive acknowledges that if he has not returned the signed Agreement within the time permitted, your general release then the offer of claimspayments and benefits set forth herein will expire by their own terms at such time. The Executive also recognizes that revocation of this Agreement must be in writing and must be delivered to Cxxxx Xxxxxx, except for the ADEA Waiver, is effective immediately, and not revocableCompany’s Chairman of the Board.

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA Age Discrimination in Employment Act of 1967 (as amended) (“ADEA Waiver”). You also acknowledge that the consideration given for the ADEA Waiver is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing, as required by the ADEA, that: (ia) your ADEA Waiver does not apply to any rights or claims that arise after the date you sign this Agreement; (iib) you should are hereby advised to consult with an attorney prior to signing this Agreement; (iiic) nothing in this Agreement is intended to or shall interfere with your right to challenge the Company’s compliance with the waiver requirements of the Age Discrimination in Employment Act, as amended by the Older Workers Benefit Protection Act or file a charge with the Equal Employment Opportunity Commission; and (d) you have sixty twenty-one (6021) days to consider this Agreement (although you may choose elect to voluntarily sign it this Agreement sooner); (iv) you have . You may revoke this Agreement at any time up to seven (7) calendar days following your signing of the date you sign Agreement, and this Agreement to revoke the ADEA Waiver, with such revocation to be shall not become effective only if you deliver written notice of revocation to the Company within the seven (7)-day period; and (v) the ADEA Waiver will not be effective or enforceable until the date upon which the revocation period has expired unexercised, which will be is at 12:00:01 a.m. on the eighth day after you sign following your signing of this Agreement (“Effective Date”). NeverthelessIf you decide to revoke this Agreement, your general release of claimssuch revocation must be in writing to Xxxx Xxxxxxxx, except for the ADEA WaiverGeneral Counsel, is effective immediatelyCorsair Components, Inc. (xxxxx@xxxxxxx.xxx), and received no later than the Effective Date. If you revoke this Agreement, you shall not revocablebe entitled to receive any aspect of the Salary Continuation Payments or the Benefit Continuation.

ADEA Waiver. You agree that you are voluntarily executing this Release. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”). You also acknowledge and that the consideration given for the ADEA Waiver waiver and release is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing, as required by the ADEA, that: (iA) your ADEA Waiver does waiver and release specified in this paragraph do not apply to any rights or claims that may arise after the date you sign this AgreementRelease; (iiB) you should have been advised to consult with an attorney prior to signing this AgreementRelease; (iiiC) if part of a group termination, you have received a disclosure from the Company that includes a description of the class, unit or group of individuals covered by this employment termination program, the eligibility factors for such program, and any time limits applicable to such program and a list of job titles and ages of all employees selected for this group termination and ages of those individuals in the same job classification or organizational unit who were not selected for termination (“Disclosures”); (D) you have sixty (60) 21 days from the date that you receive this Release to consider this Agreement Release (although you may choose to voluntarily sign it soonerany time on or after your Separation Date); (ivE) you have seven (7) days following the date after you sign this Agreement Release to revoke the ADEA Waiver, with such revocation to be effective only if you deliver written notice of revocation to the Company within the seven it (7)-day period“Revocation Period”); and (vF) the ADEA Waiver this Release will not be effective until you have returned it to Yahoo! (instructions below) and the date upon which the revocation period Revocation Period has expired unexercised, which will be (the eighth day after you sign this Agreement (“Effective Date”). NeverthelessDo not sign this Release prior to the Separation Date. If this Release is acceptable to you, your general release of claimsplease: sign below on or after the Separation Date and return the original to Mini Khroad at [Contact] or Yahoo!, except for the ADEA Waiver000 Xxxxx Xxxxxx, is effective immediatelyXxxxxxxxx, and not revocable.Xxxxxxxxxx 00000 by December 21, 2012. AGREED AND VOLUNTARILY EXECUTED: /s/ Xxxxxxx Xxxxxxx Xxxxxxx Xxxxxxx October 26, 2012 Date

ADEA Waiver. You In exchange for the consideration under this Separation Agreement to which you would not otherwise be entitled, you hereby acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”). You also acknowledge ADEA, and that the consideration given for the ADEA Waiver waiver and release you have given in this Separation Agreement is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing, as required by the ADEA, that: (ia) your ADEA Waiver does waiver and release do not apply to any rights or claims that may arise after the date you sign this Separation Agreement; (iib) you should consult with an attorney prior to signing this AgreementSeparation Agreement (although you may voluntarily decide not to do so); (iiic) you have sixty twenty-one (6021) days to consider this Separation Agreement (although you may choose voluntarily to voluntarily sign it soonerearlier); (ivd) you have seven (7) days following the date you sign this Separation Agreement to revoke this Separation Agreement (in a written revocation received by the ADEA Waiver, with such revocation to be effective only if you deliver written notice of revocation to the Company within the seven (7)-day periodCompany’s Chief Executive Officer); and (ve) the ADEA Waiver this Separation Agreement will not be effective until the date upon which the revocation period has expired unexercisedexpired, which will be the eighth day after you sign this Separation Agreement (the “Effective Date”). Nevertheless, your general release of claims, except for the ADEA Waiver, is effective immediately, and not revocable.

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”). You also acknowledge , and that the consideration given for the ADEA Waiver and release in the preceding paragraph hereof is in addition to anything of value to which you were are already entitled. You further acknowledge that you have been advised by this writingadvised, as required by the ADEA, that: (ia) your ADEA Waiver does and release do not apply to any rights or claims that may arise after the date that you sign this Agreement; (iib) you should have the right to consult with an attorney prior to signing this AgreementAgreement (although you may choose voluntarily not to do so); (iiic) you have sixty forty-five (6045) days from the date you receive this Agreement to consider this Agreement (although you may choose voluntarily to voluntarily sign it soonerearlier); (ivd) you have seven (7) days following the date you sign this Agreement to revoke the ADEA Waiver, with such revocation to be effective only if you deliver Agreement by providing written notice of your revocation to the Company within the seven (7)-day periodCompany’s Senior Director of Human Resources; and (ve) the ADEA Waiver will not be effective until the date upon which the revocation period has expired unexercisedexpired, which will be the eighth day after you sign the date that this Agreement is signed by you (the “Effective Date”). Nevertheless, your general release of claims, except for the ADEA Waiver, is effective immediately, and not revocable. You hereby acknowledge that the Company has provided you with the ADEA Disclosure information (under Title 29 U.S. Code Section 626(f)(1)(H)), enclosed with this Agreement.

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA federal Age Discrimination in Employment Act (“ADEA Waiver”). You also acknowledge ) and that the consideration given for the ADEA Waiver is in addition to anything of value to which you were are already entitled. You further acknowledge that you have been advised by this writing, as required by the ADEA, that: (ia) your ADEA Waiver does not apply to any rights or claims that may arise after the date you sign this Agreement; (iib) you should consult with an attorney prior to signing executing this Agreement; (iiic) you have sixty (60) 21 calendar days within which to consider this Agreement (although you may choose to voluntarily sign it soonerexecute this Agreement earlier); (ivd) you have seven (7) 7 calendar days following the date you sign this execution of the Agreement to revoke the ADEA Waiver, with such revocation to be effective only if you deliver written notice of revocation to the Company within the seven (7)-day periodthis Agreement; and (ve) the ADEA Waiver Agreement will not be effective with respect to your first release below until the date upon which the revocation period has expired unexercised, which will be the eighth day after you sign this Agreement for the first time, provided that you have not revoked it (the “First Effective Date”), and the Agreement will not be effective with respect to your second release below until the eighth day after you execute this Agreement for a second time, provided that you have not revoked it (the “Second Effective Date”). NeverthelessYou agree that any modifications, material or otherwise, made to this Agreement do not restart or affect in any manner the original 21-day consideration period provided in this paragraph. To revoke the Agreement, you must email to Xxxxxxxxx Xxxxxxx a written notice of revocation at xxxxx@xxxxxx.xxx, prior to the end of the 7-day period. You acknowledge that your general release of claims, except for consent to this Agreement is knowing and voluntary. The severance offer will be automatically withdrawn if you do not sign the ADEA Waiver, is effective immediately, and not revocableAgreement within the 21-day consideration period. 8.

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”). You also acknowledge ADEA, and that the consideration given under this Agreement for the ADEA Waiver your waiver and release in this Paragraph is in addition to anything of value to which you were are already entitled. You further acknowledge that you have hereby been advised by this writing, as required by the ADEA, Paragraph that: (i) your ADEA Waiver does waiver and release do not apply to any rights or claims that may arise after the date that you sign this Agreement; (ii) you should consult with an attorney prior to signing this AgreementAgreement (although you may choose voluntarily not to do so); (iii) you have sixty at least twenty-one (6021) days to consider this Agreement (although you may choose voluntarily to voluntarily sign and return it soonerearlier); (iv) you have seven (7) days following the date you sign this Agreement to revoke the ADEA Waiver, with such revocation to be effective only if you deliver it (by providing written notice of your revocation to the Company within Company’s CFO not later than 11:59pm PST on the seven (7)-day period7th day after you sign this Agreement); and (v) the ADEA Waiver this Agreement will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth day after the date that this Agreement is signed by you, provided you sign do not timely revoke this Agreement (“Effective Date”). NeverthelessAny changes to this Agreement will not restart the running of your twenty-one (21) day review period. Upon the Effective Date, your general release the Transition Period (and resulting rights and privileges) described in Paragraph 2 of claimsthis Agreement will be in effect; upon the Reaffirmation Effective Date (as defined in Exhibit A), except for you will be entitled to the ADEA WaiverSeparation Benefits described in Paragraph 4 of this Agreement. If this Agreement does not become effective you will not receive consideration and benefits to which you are not otherwise entitled, is effective immediately, such as those described in Paragraphs 2 and not revocable4.

ADEA Waiver. You acknowledge Employee acknowledges that you are he is knowingly and voluntarily waiving and releasing any rights you he may have under the ADEA (“ADEA Waiver”). You Employee also acknowledge acknowledges that the consideration given for the ADEA Waiver is in addition to anything of value to which you were Employee was already entitled. You Employee further acknowledge acknowledges that you have he has been advised by this writing, as required by the ADEA, that: (ia) your his ADEA Waiver does not apply to any rights or claims that arise after the date you sign he signs this Agreement; (iib) you he should consult with an attorney prior to signing this Agreement; (iiic) you have sixty (60) he has 21 days to consider this Agreement (although you he may choose to voluntarily sign it sooner); (ivd) you have seven (7) he has 7 days following the date you sign he signs this Agreement to revoke the ADEA Waiver, with such Waiver (in a written revocation to be effective only if you deliver written notice of revocation sent to the Company within the seven (7)-day periodCompany); and (ve) the ADEA Waiver will shall not be effective until the date upon which the revocation period has expired unexercisedexpired, which will be the eighth day after you sign the date Employee signs this Agreement Agreement, provided that Employee has not previously revoked the ADEA Waiver in accordance with clause (“Effective Date”d). Nevertheless, your Employee's general release of claims, except for the ADEA Waiver, is shall be deemed effective immediatelyas of the date he signs this Agreement, and is not revocable.

ADEA Waiver. You agree that you are voluntarily executing this Agreement and release. You acknowledge that you are knowingly knowingly, freely and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”). You also acknowledge and that the good and valuable consideration given for the ADEA Waiver waiver and release is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing, as required by the ADEA, that: (iA) your ADEA Waiver does waiver and release specified in this paragraph do not apply to any rights or claims that may arise after the date you sign this Agreement; (iiB) you should have been advised to consult with an attorney of your choosing prior to signing this Agreement; (iiiC) if part of a group termination, you have received a disclosure from the Company that includes a description of the class, unit or group of individuals covered by this employment termination program, the eligibility factors for such program, and any time limits applicable to such program and a list of job titles and ages of all employees selected for this group termination and ages of those individuals in the same job classification or organizational unit who were not selected for termination ("Disclosures"); (D) you have sixty 21 days from the date that you receive this Agreement and the Disclosures (60if applicable) days to consider this Agreement (although you may choose to voluntarily sign it sooner)Agreement; (ivE) you have seven (7) calendar days following the date after you sign this Agreement to revoke the ADEA Waiver, with such revocation to be effective only if you deliver written it (“Revocation Period”) by delivering notice of revocation to Xxxxx Xxxxxxx by email to xxxxxxxx@xxxxxx.xxx before the Company within the seven (7)-day end of this seven-day period; and (vF) the ADEA Waiver this Agreement will not be effective until you have returned it to Xxxxx Xxxxxxx and the date upon which the revocation period Revocation Period has expired unexercised, which will be (the eighth day after you sign this Agreement (“Effective Date”). Nevertheless, your general release of claims, except for the ADEA Waiver, is effective immediately, and not revocable.

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”)ADEA, as amended. You also acknowledge that the consideration given for the ADEA Waiver waiver and release herein is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing, as required by the ADEA, that: (ia) your ADEA Waiver does waiver and release do not apply to any rights or claims that may arise after the execution date you sign of this Agreement; (iib) you should have been advised hereby that you have the right to consult with an attorney prior to signing executing this AgreementAgreement (and you have obtained and considered such legal counsel as you deem necessary); (iiic) you have sixty up to twenty-one (6021) days from the date of this Agreement to consider execute this Agreement (although you may choose to voluntarily sign it soonerexecute this Agreement earlier); (ivd) you have seven (7) days following the date you sign execution of this Agreement by the parties to revoke the ADEA Waiver, with such revocation to be effective only if you deliver written notice of revocation to the Company within the seven (7)-day periodAgreement; and (ve) the ADEA Waiver this Agreement will not be effective until the date upon which the revocation period has expired unexercisedexpired, which will be the eighth day after you sign this Agreement is executed by you, provided that the Company has also executed this Agreement by that date (“Effective Date”). Nevertheless; and (f) by signing this Agreement, your general release of claimsyou are doing so freely, except for the ADEA Waiver, is effective immediatelyknowingly, and not revocablevoluntarily. Any revocation under this Section must be submitted, in writing, to Xxxx Xxxxx, Chief Executive Officer of Oblong, Inc., at 00000 Xxxxxxx Xxxx, Xxxxx 000-000, Xxxxxxx, Xxxxxxxx 00000.

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (the “ADEA Waiver”). You also acknowledge , and that the consideration given for the ADEA Waiver is in addition to anything of value to which you were are already entitled. You further acknowledge that you have been advised by this writingadvised, as required by the ADEA, that: (i) your ADEA Waiver does not apply to any rights or claims that may arise after the date that you sign this Agreement; (ii) you should consult with an attorney prior to signing this AgreementAgreement (although you may choose voluntarily not to do so); (iii) you have sixty [twenty-one (60) 21)] OR [forty-five (45)] days to consider this Agreement (although you may choose voluntarily to voluntarily sign it soonerearlier); (iv) you have seven (7) days following the date you sign this Agreement to revoke the ADEA Waiver, with such revocation to be effective only if you deliver it (by providing written notice of your revocation to the Company within the seven (7)-day periodme); and (v) the ADEA Waiver this Agreement will not be effective until the date upon which the revocation period has expired unexercisedexpired, which will be the eighth day after you sign the date that this Agreement is signed by you provided that you do not revoke it (the “Effective Date”). Nevertheless, your general release [You hereby acknowledge and agree that you have been provided with all of claims, except for the information required by 29 U.S.C. Section 626(f)(1)(H) through the ADEA Waiver, is effective immediately, and not revocableDisclosure Form provided with this Agreement.]

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”). You also acknowledge that the consideration given for the ADEA Waiver is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing, as required by the ADEA, that: (ia) your ADEA Waiver does not apply to any rights or claims that arise after the date you sign this Agreement; (iib) you should consult with an attorney prior to signing this Agreement; (iiic) you have sixty twenty-one (6021) days to consider this Agreement (although you may choose to voluntarily sign it sooner); (ivd) you have seven (7) days following the date you sign this Agreement to revoke the ADEA Waiver, with such Waiver (in a written revocation sent to be effective only if you deliver written notice of revocation to the Company within the seven (7)-day periodme); and (ve) the ADEA Waiver will not be effective until the date upon which the revocation period has expired unexercisedexpired, which will be the eighth day after you sign this Agreement Agreement; provided, however, that notwithstanding any other provision of this Agreement, in the event you revoke the ADEA Waiver during such seven (“Effective Date”)7) day period, the Consulting Period shall thereupon terminate immediately, the Company will pay you only those Consulting Fees earned and expenses incurred through and including the effective date of such termination and the Company shall thereafter have no further obligations to you under this Agreement. Nevertheless, your general release of claims, except for the ADEA Waiver, is effective immediately, immediately and not revocable.

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”). You also acknowledge that the consideration given for the ADEA Waiver is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing, as required by the ADEA, that: (ia) your ADEA Waiver does not apply to any rights or claims that arise after the date you sign this Agreement; (iib) you should consult with an attorney prior to signing this Agreement; (iiic) you have sixty (60) 21 days to consider this Agreement (although you may choose to voluntarily sign it sooner); (ivd) you have seven (7) days following the date you sign this Agreement to revoke the ADEA Waiver, with such Waiver (in a written revocation sent to be effective only if you deliver written notice of revocation to the Company within the seven (7)-day periodme); and (ve) the ADEA Waiver will not be effective until the date upon which the revocation period has expired unexercisedexpired, which will be the eighth day after you sign this Agreement (“Effective Date”)Agreement; provided, however, that notwithstanding any other provision of this Agreement, in the event you revoke the ADEA Waiver during such 7 day period, the Consulting Period shall thereupon terminate immediately, the Company will pay you only the compensation earned hereunder and expenses incurred through and including the effective date of such termination and the Company shall thereafter have no further obligations to you under this Agreement. Nevertheless, your general release of claims, except for the ADEA Waiver, is effective immediately, immediately and not revocable.

ADEA Waiver. This Agreement is intended to satisfy the requirements of the Older Workers’ Benefit Protection Act, 29 U.S.C. sec. 626(f). You are advised to consult with an attorney before executing this Agreement. You acknowledge and agree that you have read and understand this Agreement and by signing below you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”)ADEA. You also acknowledge that the consideration given for the ADEA Waiver waiver and release in this Agreement is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing, as required by the ADEA, that: (ia) your ADEA Waiver waiver and release does not apply to any rights or claims you may have under the Age Discrimination in Employment Act that arise after the date you sign execution of this Agreement, and this Agreement does not prohibit you from challenging the validity of this Agreement’s waiver and release of claims under the Age Discrimination in Employment Act of 1967, as amended.; (iib) you should have been advised hereby that you have the right to consult with an attorney prior to signing executing this AgreementAgreement and you have obtained and considered such legal counsel as you deem necessary; (iiic) you have sixty twenty-one (6021) days to consider this Agreement (although you may choose to voluntarily sign it soonerexecute this Agreement earlier); (ivd) you have seven (7) days following the date you sign execution of this Agreement by the parties to revoke the ADEA WaiverAgreement; (e) your revocation must be in writing and received by the Senior VP , with such revocation Human Resources on or before the seventh day in order to be effective only if you deliver written notice of revocation to the Company within the seven (7)-day periodeffective; and (vf) the ADEA Waiver this Agreement will not be effective until the date upon which the revocation period has expired unexercisedand you have not revoked your acceptance, which will be the eighth day after you sign this Agreement is executed by you (“Effective Date”). Nevertheless, your general release of claims, except for the ADEA Waiver, is effective immediately, and not revocable.

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”)ADEA, as amended. You also acknowledge that the consideration given for the ADEA Waiver waiver and release in the preceding paragraph hereof is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing, as required by the ADEA, that: (ia) you have carefully read and fully understand the provisions of this Agreement; (b) you are, through this Agreement, releasing the Company from any and all claims you may have against it, its parent, subsidiaries, predecessors, successors, affiliates and related entities; (c) you have knowingly and voluntarily agreed to all of the terms set forth in the agreement; (d) you knowingly and voluntarily intend to be legally bound by the Agreement; (e) your ADEA Waiver does waiver and release do not apply to any rights or claims that may arise after the date you sign Effective Date of this Agreement; (iif) you should have been advised hereby are advised that you have the right to consult with an attorney prior to signing executing this Agreement; (iiig) you have sixty forty-five (6045) days to consider this Agreement (although you may choose to voluntarily sign it soonerexecute this Agreement earlier); (ivh) you have seven (7) days following the date you sign execution of this Agreement to revoke the ADEA Waiver, with such revocation to be effective only if you deliver written notice of revocation to the Company within the seven (7)-day periodAgreement; and (vi) the ADEA Waiver will this Agreement shall not be effective until the date upon which the revocation period has expired unexercisedexpired, which will shall be the eighth day after you sign this Agreement is executed by you, provided that the Company has also executed this Agreement by that date (“Effective Date”). Nevertheless, your general release of claims, except for the ADEA Waiver, is effective immediately, and not revocable.

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”). You also acknowledge ADEA, and that the consideration given for the ADEA Waiver waiver and release in the preceding paragraph hereof is in addition to anything of value to which you were are already entitled. You further acknowledge that you have been advised by this writingadvised, as required by the ADEA, that: (ia) your ADEA Waiver does waiver and release do not apply to any rights or claims that may arise after the date that you sign this Agreement; (iib) you should consult with an attorney prior to signing this AgreementAgreement (although you may choose voluntarily not to do so); (iiic) you have sixty at least twenty-one (6021) days from the date you receive this Agreement to consider this Agreement (although you may choose voluntarily to voluntarily sign it soonerearlier); (ivd) you have seven (7) days following the date you sign this Agreement to revoke the ADEA Waiver, with such revocation to be effective only if you deliver Agreement by providing written notice of your revocation to the Company within the seven (7)-day periodBoard; and (ve) the ADEA Waiver this Agreement will not be effective until the date upon which the revocation period has expired unexercisedexpired, which will be the eighth day after you sign the date that this Agreement is signed by you (the “Effective Date”). NeverthelessNotwithstanding the preceding, your general release the Consulting Relationship shall be effective as of claims, except for the ADEA Waiver, is effective immediatelyday immediately following the Resignation Date, and not revocableyour revocation of this Agreement, if it occurs, will result in immediate termination of the Consulting Relationship. Additionally, since you asked for, and received, material changes in this Agreement in your favor, you agree to waive an additional twenty-one day period in which to consider this Agreement, you agree that the required twenty-one (21)-day consideration period for this Agreement will be deemed to have started on February 13, 2006 (the date that you received the Company’s original offer), and you and the Company agree that you will have until March 20, 2006 in which to consider this Agreement.

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”)ADEA, as amended. You also acknowledge that the consideration given for the ADEA Waiver waiver and release in the preceding paragraph hereof is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing, as required by the ADEA, that: (ia) you have carefully read and fully understand the provisions of this Agreement; (b) you are, through this Agreement, releasing the Company from any and all claims you may have against it, its parent, subsidiaries, predecessors, successors, affiliates and related entities; (c) you have knowingly and voluntarily agreed to all of the terms set forth in the agreement; (d) you knowingly and voluntarily intend to be legally bound by the Agreement; (e) your ADEA Waiver does waiver and release do not apply to any rights or claims that may arise after the date you sign Effective Date of this Agreement; (iif) you should have been advised hereby are advised that you have the right to consult with an attorney prior to signing executing this Agreement; (iiig) you have sixty twenty-one (6021) days to consider this Agreement (although you may choose to voluntarily sign it soonerexecute this Agreement earlier); (ivh) you have seven (7) days following the date you sign execution of this Agreement to revoke the ADEA Waiver, with such revocation to be effective only if you deliver written notice of revocation to the Company within the seven (7)-day periodAgreement; and (vi) the ADEA Waiver will this Agreement shall not be effective until the date upon which the revocation period has expired unexercisedexpired, which will shall be the eighth day after you sign this Agreement is executed by you, provided that the Company has also executed this Agreement by that date (“Effective Date”). NeverthelessSeparation Agreement – Xxxxxx October 18, your general release of claims, except for the ADEA Waiver, is effective immediately, and not revocable.2005

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA Federal Age Discrimination in Employment Act (“ADEA Waiver”). You also acknowledge ) and that the consideration given for the ADEA Waiver is in addition to anything of value to which you were are already entitled. You further acknowledge that you have been advised by this writing, as required by the ADEA, that: (i) your ADEA Waiver does not apply to any rights or claims that may arise after the date you sign this AgreementRelease; (ii) you should consult with an attorney prior to signing executing this AgreementRelease; (iiic) you have sixty (60) [21/45]1 calendar days within which to consider this Agreement Release (although you may choose to voluntarily sign it soonerexecute this Release earlier); (ivd) you have seven (7) 7 calendar days following the date you sign execution of this Agreement Release to revoke the ADEA Waiver, with such revocation your ​ ​ 1 NTD: Review period to be effective only if you deliver written notice determined as it depends on the circumstances around the termination of revocation to employment. ​ ​ ​ ​ execution of the Company within the seven (7)-day periodRelease; and (ve) the ADEA Waiver Release will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth day after you sign this Agreement Release provided that you have not revoked it (“Effective Date”). NeverthelessYou agree that any modifications, material or otherwise, made to this Release do not restart or affect in any manner the original [21/45]-day consideration period provided in this section. To revoke the Release after any execution, you must email [NAME] written notice of revocation at [EMAIL] prior to the end of the 7-day period. You acknowledge that your general release of claims, except for consent to this Release is knowing and voluntary. The offer described in this Release will be automatically withdrawn if you do not sign the ADEA Waiver, is effective immediately, and not revocable.Release within the [21/45]-day consideration period. ​

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”). You also acknowledge ADEA, and that the consideration given for the ADEA Waiver waiver and release in the preceding paragraph hereof is in addition to anything of value to which you were are already entitled. You further acknowledge that you have been advised by this writingadvised, as required by the ADEA, that: (ia) your ADEA Waiver does waiver and release do not apply to any rights or claims that may arise after the date that you sign this Agreement; (iib) you should have the right to consult with an attorney prior to signing this AgreementAgreement (although you may choose voluntarily not to do so); (iiic) you have sixty forty-five (6045) days to consider this Agreement (although you may choose voluntarily to voluntarily sign it soonerearlier); (ivd) you have seven (7) days following the date you sign this Agreement to revoke the ADEA Waiver, with such revocation to be effective only if you deliver Agreement by providing written notice of your revocation to the Company within the seven (7)-day periodCompany’s Chief Executive Officer; and (ve) the ADEA Waiver this Agreement will not be effective until the date upon which the revocation period has expired unexercisedexpired, which will be the eighth day after you sign the date that this Agreement is signed by you (the “Effective Date”). NeverthelessYou hereby acknowledge that with this Agreement, your general release of claimsthe Company has provided you with an ADEA Disclosure Notice Under Title 29 U.S. Code Section 626(f)(1)(H) which is attached hereto as Exhibit E. Additionally, except for the ADEA Waiver, is effective immediatelysince you asked for, and not revocablereceived, material changes in this Agreement in your favor, you agree to waive the additional time for considering this offer to which you would otherwise be entitled. Thus, you agree that the required forty-five (45) day consideration period for this Agreement will be deemed to have started on January 29, 2004.

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA Federal Age Discrimination in Employment Act (“ADEA Waiver”). You also acknowledge ) and that the consideration given for the ADEA Waiver is in addition to anything of value to which you were are already entitled. You further acknowledge that you have been advised by this writing, as required by the ADEA, that: (ia) your ADEA Waiver does not apply to any rights or claims that may arise after the date you sign this Agreement; (iib) you should consult with an attorney prior to signing executing this Agreement; (iiic) you have sixty twenty-one (6021) calendar days within which to consider this Agreement (although you may choose to voluntarily sign it soonerexecute Agreement earlier); (ivd) you have seven (7) calendar days following the date you sign this execution of the Agreement to revoke the ADEA Waiver, with such revocation to be effective only if you deliver written notice of revocation to the Company within the seven (7)-day periodthis Agreement; and (ve) the ADEA Waiver Agreement will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth day after you sign this Agreement provided that you have not revoked it. You agree that any modifications, material or otherwise, made to this Agreement do not restart or affect in any manner the original twenty-one (“Effective Date”)21)-day consideration period provided in this paragraph. NeverthelessTo revoke the Agreement, you must email a written notice of revocation to the Company, Att: Xxxx Xxxxxxx at xxxxx@x-xxx.xxx or to such other person designated by the Company pursuant to notice given in accordance with this Agreement prior to the end of the seven (7)-day period. You acknowledge that your general consent to this Agreement is knowing and voluntary. The offer of consideration will be automatically withdrawn if you do not sign the Agreement within the twenty-one (21)-day consideration period. You understand that nothing in this Agreement will preclude or prevent you from filing a claim with the U.S. Equal Employment Opportunity Commission that challenges the validity of this waiver and release solely with respect to your waiver of claims, except for any claims arising under the ADEA Waiver, is effective immediately, and not revocableFederal Age Discrimination in Employment Act.

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA federal Age Discrimination in Employment Act (“ADEA Waiver”). You also acknowledge ) and that the consideration given for the ADEA Waiver is in addition to anything of value to which you were are already entitled. You further acknowledge that you have been advised by this writing, as required by the ADEA, that: (ia) your ADEA Waiver does not apply to any rights or claims that may arise after the date you sign this Agreement; (iib) you should consult with an attorney prior to signing executing this Agreement; (iiic) you have sixty (60) 21 calendar days within which to consider this Agreement (although you may choose to voluntarily sign it soonerexecute Agreement earlier); (ivd) you have seven (7) 7 calendar days following the date you sign this execution of the Agreement to revoke the ADEA Waiver, with such revocation to be effective only if you deliver written notice of revocation to the Company within the seven (7)-day periodthis Agreement; and (ve) the ADEA Waiver Agreement will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth day after you sign this Agreement and the Supplemental Release, a copy of which is attached as Exhibit B, provided that you have not revoked either (“Effective Date”). NeverthelessYou agree that any modifications, material or otherwise, made to this Agreement do not restart or affect in any manner the original 21-day consideration period provided in this paragraph (the last day of such consideration period, the “Deadline”). To revoke the Agreement, you must email to People Operations a written notice of revocation at XxxxxxXxx@xxxxxx.xxx, prior to the end of the 7-day period. You acknowledge that your general release of claims, except for consent to this Agreement is knowing and voluntary. The severance offer will be automatically withdrawn if you do not sign the ADEA Waiver, is effective immediately, and Agreement by the Deadline. The severance offer will be automatically withdrawn if you do not revocablesign the Agreement by the Deadline. 8.

ADEA Waiver. You acknowledge The Consultant acknowledges that you are knowingly and voluntarily he is waiving and releasing any rights you he may have under the ADEA Age Discrimination in Employment Act (“ADEA WaiverADEA”)) and that this waiver and release is knowing and voluntary. You also acknowledge The Consultant acknowledges that the consideration given for the ADEA Waiver this Agreement is in addition to anything of value to which you were he is already entitled. You The Consultant further acknowledge acknowledges that you have he has been advised by this writing, as required by the ADEA, writing that: (i) your ADEA Waiver does not apply to any rights or claims that arise after the date you sign this Agreement; (ii) you he should consult with an attorney prior to signing executing this Agreement; (iiiii) you have sixty he has up to twenty-one (6021) days from the date of this Agreement in which to consider this Agreement, although he may, at your discretion, sign and return the Agreement at any earlier time, in which case he waives all rights to the balance of this twenty-one (although you may choose to voluntarily sign it sooner)21) day review period; (iviii) you have he has seven (7) days following the date you sign his execution of this Agreement to revoke this Agreement (the “Revocation Period”); (iv) this Agreement, including the ADEA Waiverwaiver, with such revocation to shall not be effective only if you deliver written notice of revocation to until the Company within the seven (7)-day periodRevocation Period has expired; and (v) the ADEA Waiver will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth day after you sign nothing in this Agreement prevents or precludes the Consultant from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA. The Consultant acknowledges that if he has not returned the signed Agreement within the time permitted, then the offer of payments and benefits set forth herein, including but not limited to the Consultant’s engagement by the Company, will expire by their own terms at such time. The Consultant also recognizes that revocation of this Agreement must be in writing and must be delivered to Axxxxx Xxxxxxxx, Txxxxxxx Sxxxxxx LLP, 800 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, by certified mail or courier service (“Effective Date”signature of receipt required). Nevertheless, your general release of claims, except for the ADEA Waiver, is effective immediately, and not revocable.

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”). You also acknowledge that the consideration given for the ADEA Waiver is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing, as required by the ADEA, that: (ia) your ADEA Waiver does not apply to any rights or claims that arise after the date you sign this Agreement; (iib) you should consult with an attorney prior to signing this Agreement; (iiic) you have sixty twenty-one (6021) days to consider this Agreement (although you may choose to voluntarily sign it sooner); (ivd) you have seven (7) days following the date you sign this Agreement to revoke the ADEA Waiver, with such revocation to be effective only if you deliver written notice of revocation to the Company within the seven (7)-day 7) day period; and (ve) the ADEA Waiver will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth day after you sign this Agreement (“Effective Date”). Nevertheless, your general release of claims, except for the ADEA Waiver, is effective immediately, and not revocable.

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”). You also acknowledge that the consideration given for the ADEA Waiver is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing, as required by the ADEA, that: (ia) your ADEA Waiver does not apply to any rights or claims that arise after the date you sign this Agreement; (iib) you should consult with an attorney prior to signing this Agreement; (iiic) you have sixty forty-five (6045) days to consider this Agreement Agreement, unless an extension is otherwise agreed to in writing by the Company (although you may choose to voluntarily sign it soonersooner or any time prior to the date listed on the signature page); (ivd) you have seven (7) days following the date you sign this Agreement to revoke the ADEA Waiver, with such Waiver (in a written revocation sent to be effective only if you deliver written notice of revocation to the Company within the seven (7)-day periodme); and (ve) the ADEA Waiver will not be effective until the date upon which the revocation period has expired unexercisedexpired, which will be the eighth day after you sign this Agreement (the “Effective Date”). NeverthelessYou will not receive any of the benefits provided by this Agreement unless and until it becomes effective. The parties agree that changes to the Agreement, your general release whether material or not, do not restart the running of claimsthe forty-five (45) day consideration period noted in clause (c) above. You hereby further acknowledge that the Company has provided you with ADEA disclosure information (under 29 U.S.C. § 626(f)(1)(H)), except for the ADEA Waiver, is effective immediately, and not revocable.attached hereto as Exhibit B.

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”Age Discrimination in Employment Act of 1967 "ADEA"), and that this waiver and release is knowing and voluntary. You also agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. You acknowledge that the consideration given for the ADEA Waiver this waiver and release is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing, as required by the ADEA, writing that: (i) your ADEA Waiver does not apply to any rights or claims that arise after the date you sign this Agreement; (iia) you should consult with an attorney prior to signing executing this Agreement; (iiib) you have sixty twenty-one (6021) days within which to consider this Agreement (although you may choose to voluntarily sign it sooner)Agreement; (ivc) you have seven (7) days following your execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until after the date revocation period has expired; and (e) nothing in this Agreement prevents or precludes you from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA. nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event you sign this Agreement to revoke the ADEA Waiver, with such revocation to be effective only if you deliver written notice of revocation and returns it to the Company within in less than the seven twenty-one (7)-day period; 21)-day period identified above, you hereby acknowledge that you have freely and (v) voluntarily chosen to waive the ADEA Waiver will not time period allotted for considering this Agreement. You acknowledge and understand that revocation must be effective until accomplished by a written notification to the date upon which the revocation period has expired unexercised, which will be the eighth day after you sign person executing this Agreement (“on the Company's behalf that is received prior to the Effective Date”). NeverthelessThe parties agree that changes, your general release whether material or immaterial, do not restart the running of claims, except for the ADEA Waiver, is effective immediately, and not revocabletwenty-one (21)-day period.

ADEA Waiver. You hereby acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”). You also acknowledge that the consideration given for the ADEA Waiver is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing, as required by the ADEA, that: (ia) your ADEA Waiver does not apply to any rights or claims that arise after the date you sign this Agreement; (iib) you should consult with an attorney prior to signing this Agreement; (iiic) you received a copy of this Agreement for your review and consideration on April 13, 2017 and that you have sixty twenty-one (6021) days to review and consider this Agreement (although you may choose to voluntarily sign it sooner); (ivd) you have seven (7) days following the date you sign and deliver this Agreement to revoke the ADEA Waiverit, with such revocation to be effective only if you deliver written notice of revocation to the Company FivePrime within the seven (7)-day period; and (ve) the ADEA Waiver will not be effective until the date upon which the revocation period has expired unexercised, which will be (the eighth day after you sign and deliver this Agreement) and you have not revoked this Agreement pursuant to subpart (d) of this sentence (the “Waiver Effective Date”). NeverthelessBecause you asked for, and received, revisions to the draft of this Agreement provided to you on April 13, 2017, you hereby waive an additional 21-day review period. Accordingly, your general release of claims, except for 21-day review period under the ADEA Waiverwill be deemed to have started on April 13, is effective immediately, and not revocable2017.

ADEA Waiver. You acknowledge that by signing the Reaffirmation Signature you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA federal Age Discrimination in Employment Act (“ADEA Waiver”). You also acknowledge ) and that the consideration given for the ADEA Waiver is in addition to anything of value to which you were are already entitled. You further acknowledge that you have been advised by this writing, as required by the ADEA, that: (ia) your ADEA Waiver does not apply to any rights or claims that may arise after the date you sign the Reaffirmation Signature of this Agreement; (iib) you have a right to and should consult with an attorney prior to signing executing this Agreement; (iiic) you have sixty (60) 21 calendar days within which to consider this Agreement for reaffirmation (although you may choose to voluntarily sign reaffirm this Agreement earlier provided it sooneris after the Separation Date); (ivd) you have seven (7) 7 calendar days following the date you sign this Agreement of your Reaffirmation Signature to revoke the ADEA Waiver, with such revocation to be effective only if you deliver written notice your reaffirmation of revocation to the Company within the seven (7)-day periodthis Agreement; and (ve) the ADEA Waiver reaffirmation of this Agreement will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth day after your Reaffirmation Signature, provided that you sign this Agreement have not revoked it (the “Reaffirmation Effective Date”). NeverthelessYou agree that any modifications, your general release of claimsmaterial or otherwise, except made to this Agreement do not restart or affect in any manner the original 21-day consideration period provided in this paragraph for you to reaffirm this Agreement. You acknowledge that you will only be eligible for the ADEA WaiverSeparation Benefits if you sign the Reaffirmation Signature and do not revoke it To revoke the reaffirmation of this Agreement, you must email to Human Resources a written notice of revocation at XX@xxxxxx.xxx, prior to the end of the 7-day period. You acknowledge that your consent to this Agreement and the reaffirmation is effective immediately, knowing and voluntary. The severance offer will be automatically withdrawn if you do not revocablesign the Reaffirmation Signature within the 21-day consideration period.

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”). You also acknowledge that the consideration given for the ADEA Waiver is in addition to anything of value to which you were already entitled. A list of the job titles and ages of all employees whose employment is being terminated pursuant to the Company’s reorganization and the job titles and ages of all employees of the Company in the same business unit whose employment is not being termination is provided in Exhibit B, attached hereto. You further acknowledge that you have been advised by this writing, as required by the ADEA, that: (ia) your ADEA Waiver does not apply to any rights or claims that arise after the date you sign this Agreement; (iib) you should consult with an attorney prior to signing this Agreement; (iiic) you have sixty forty-five (6045) days to consider this Agreement (although you may choose voluntarily to voluntarily sign it sooner); (ivd) you have seven (7) days following the date you sign this Agreement to revoke the ADEA Waiver, with such Waiver (in a written revocation sent to be effective only if you deliver written notice of revocation to the Company within the seven (7)-day periodme); and (ve) the ADEA Waiver will not be effective until the date upon which the revocation period has expired unexercisedexpired, which will be the eighth day after you sign this Agreement (the “Effective Date”). Nevertheless, your general release of claims, except for the ADEA Waiver, is effective immediately, and not revocable.

ADEA Waiver. You I understand and acknowledge that you are knowingly and voluntarily I am waiving and releasing any rights you I may have under the ADEA, and that this waiver and release is knowing and voluntary. I understand and agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date (“ADEA Waiver”as defined below). You also I understand and acknowledge that the consideration given for the ADEA Waiver this waiver and release is in addition to anything of value to which you were I was already entitled. You I further understand and acknowledge that you I have been advised by this writing, as required by the ADEA, writing that: (ia) your ADEA Waiver does not apply to any rights or claims that arise after the date you sign this Agreement; (ii) you I should consult with an attorney prior to signing executing this release; (b) I have 21 days within which to consider this release, and the parties agree that such time period to review this release shall not be extended upon any material or immaterial changes to this Agreement; (iiic) you I have sixty (60) 7 days following my execution of this release to consider revoke this Agreement (although you may choose release pursuant to voluntarily sign it sooner)written notice to Xxxxxxx in accordance with Section 21 below; (ivd) you have seven (7) days following the date you sign this Agreement to revoke the ADEA Waiver, with such revocation to be effective only if you deliver written notice of revocation to the Company within the seven (7)-day period; and (v) the ADEA Waiver will release shall not be effective until the date upon which after the revocation period has expired unexercisedexpired; and (e) nothing in this release prevents or precludes me from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, which will be nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the eighth day after you event I sign this Agreement (“Effective Date”). Neverthelessand return it to the Xxxxxxx in less than the 21 day period identified above, your general release of claims, except I hereby acknowledge that I have freely and voluntarily chosen to waive the time period allotted for the ADEA Waiver, is effective immediately, and not revocableconsidering this release.