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 are advised by this writing, as required by the ADEA, that: (a) this release does not apply to any claims that may arise after you sign this Separation Agreement; (b) you should consult with an attorney prior to executing this release; (c) you have twenty-one (21) days within which to consider this release (although you may choose to voluntarily execute the Separation Agreement earlier); (d) you have seven (7) days following the execution of this release to revoke this Separation Agreement (in a written revocation directed to me); and (e) this Separation Agreement will not be effective until the eighth day after you sign this Separation Agreement, provided that you have not earlier revoked this Separation Agreement. You will not be entitled to receive any of the benefits specified by this Separation Agreement unless and until it becomes effective.

Appears in 3 contracts

Samples: Ambit Biosciences Corp, Ambit Biosciences Corp, Ambit Biosciences Corp

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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 ADEA, and that the consideration given for the ADEA Waiver waiver and release you have given in this Agreement is in addition to anything of value to which you were already entitled. You are further acknowledge that you have been advised by this writing, as required by the ADEA, that: (a) this your waiver and release does do not apply to any rights or claims that may arise after the date you sign this Separation Agreement; (b) you should consult with an attorney prior to executing signing this releaseAgreement (although you may voluntarily decide not to do so); (c) you have twenty-one (21) days within which to consider this release Agreement (although you may choose voluntarily to voluntarily execute the Separation sign this Agreement earliersooner); (d) you have seven (7) days following the execution of date you sign this release Agreement to revoke this Separation Agreement (in a written revocation directed sent to meand received by the Company's Human Resource Director); and (e) this Separation Agreement will not be effective until the date upon which the revocation period has expired, which will be the eighth day after you sign this Separation Agreement, provided that you have not earlier revoked this Separation Agreement. You will not be entitled to receive any of Agreement (the benefits specified by this Separation Agreement unless and until it becomes effective“Effective Date”).

Appears in 2 contracts

Samples: James Wheat (Silicon Graphics International Corp), And Inventions Agreement (Silicon Graphics International Corp)

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 are advised by this writingfurther acknowledge that you have been advised, as required by the ADEA, that: (ai) this release your ADEA Waiver does not apply to any rights or claims that may arise after the date that you sign this Separation Agreement; (bii) you should consult with an attorney prior to executing signing this releaseAgreement (although you may choose voluntarily not to do so); (ciii) you have twenty-one (21) days within which to consider this release Agreement (although you may choose voluntarily to voluntarily execute the Separation Agreement sign it earlier); (div) you have seven (7) days following the execution of date you sign this release Agreement to revoke this Separation Agreement the ADEA Waiver (in a by providing written notice of your revocation directed to methe Company’s CEO); and (ev) this Separation Agreement the ADEA Waiver will not be effective until the date upon which the revocation period has expired, which will be the eighth day after the date that this Agreement is signed by you sign this Separation Agreement, provided that you have do not earlier revoked this Separation Agreement. You will not be entitled to receive any of the benefits specified by this Separation Agreement unless and until it becomes effectiverevoke it.

Appears in 2 contracts

Samples: Employee Agreement and Release (Enphase Energy, Inc.), Neophotonics Corp

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 are further acknowledge that you have been advised by this writing, as required by the ADEA, that: (a) this release your ADEA Waiver does not apply to any rights or claims that may arise after the date you sign this Separation Agreement; (b) you should consult with an attorney prior to executing signing this releaseAgreement; (c) you have twenty-one (21) days within which to consider this release Agreement (although you may choose to voluntarily execute the Separation Agreement earliersign it sooner); (d) you have seven (7) days following the execution of date you sign this release Agreement to revoke this Separation Agreement the ADEA Waiver (in a written revocation directed sent to me); and (e) this Separation Agreement the ADEA Waiver will not be effective until the date upon which the revocation period has expired, which will be the eighth day after you sign this Separation Agreement, provided that you have not earlier revoked this Separation AgreementAgreement (the “Effective Date”). You will not be entitled to receive any of the benefits specified provided by this Separation Agreement unless and until it becomes effective.

Appears in 2 contracts

Samples: Acadia Pharmaceuticals Inc, Acadia Pharmaceuticals Inc

ADEA Waiver. You further 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”). You also acknowledge that the consideration given for the ADEA Waiver waiver and release in the preceding paragraphs hereof is in addition to anything of value to which you were already entitled. You If you are forty (40) years of age or older when this release is signed, you hereby provide the further acknowledgment that you are advised by this writing, as required by the ADEAOlder Workers Benefit Protection Act, that: (a) this your waiver and release does do not apply to any rights or claims that may arise after you sign the Effective Date of this Separation Agreementrelease; (b) you should have the right to consult with an attorney prior to executing this releaserelease (although you may voluntarily choose not to do so); (c) you may have at least twenty-one (21) days within which to consider this release Agreement (although you may choose to voluntarily by your own choice execute the Separation Agreement this release earlier); (d) you have seven (7) days following the execution of this release to revoke this Separation Agreement (in a written revocation directed to me)release; and (e) this Separation Agreement will shall not be effective until the date upon which the revocation period has expired, therefore making the effective date the eighth day after this release is signed by you sign this Separation Agreement, provided that you have not earlier revoked this Separation Agreement. You will not be entitled to receive any of (the benefits specified by this Separation Agreement unless and until it becomes effective“Effective Date”).

Appears in 2 contracts

Samples: Non Competition Agreement (First Virtual Communications Inc), Non Competition Agreement (First Virtual Communications Inc)

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 Section is in addition to anything of value to which you were already entitled. You are further acknowledge that you have been advised by this writing, as required by the ADEA, writing that: (a) this your waiver and release does do not apply to any rights or claims that may arise after you sign the execution date of this Separation Agreement; (b) you should consult with an attorney prior to executing this releaseAgreement; (c) you have twenty-one (21) days within which to consider this release Agreement (although you may choose to voluntarily execute the Separation this Agreement earlier); (d) you have seven (7) days following the execution of this release Agreement by the parties to revoke this Separation Agreement (in a written revocation directed to me)the Agreement; and (e) this Separation Agreement will not be effective until the eighth day after you sign this Separation Agreement, provided that you have not earlier revoked this Separation Agreementdate upon which the revocation period has expired without revocation being exercised (the “Effective Date”). You will not be entitled to receive any of the payments or benefits specified by set forth in this Separation Agreement unless and until it the Agreement becomes effective.

Appears in 2 contracts

Samples: And Inventions Agreement (Websense Inc), Websense Inc

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving waive and releasing release any rights you may have under the ADEA (“ADEA Waiver”defined above). You also acknowledge that the consideration given for the ADEA Waiver your releases in this Agreement is in addition to anything of value to which you were already entitled. You are advised by this writing, as required by the ADEA, writing that: (a) this your waiver and release does do not apply to any claims that may arise after you sign this Separation Agreement; (b) you should consult with an attorney prior to executing this releaserelease (and you have done so); (c) you have twenty-one (21) days within which to consider this release (although you may choose to voluntarily execute the Separation Agreement this release earlier); (d) you have seven (7) days following the execution of this release to revoke this Separation Agreement (in a written revocation directed to me)Agreement; and (e) this Separation Agreement will not be effective until the eighth day after you sign this Separation [ ] [DATE] Agreement, provided that you have not earlier revoked this Separation AgreementAgreement (the “Effective Date”). 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. You will not be entitled to receive any of the benefits specified by this Separation Agreement unless and until it becomes effective.

Appears in 2 contracts

Samples: Employment Agreement (Sientra, Inc.), Employment Agreement (Sientra, Inc.)

ADEA Waiver. You further 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”). You also acknowledge that the consideration given for the ADEA Waiver waiver and release in the preceding paragraphs hereof is in addition to anything of value to which you were already entitled. You If you are forty (40) years of age or older when this release is signed, you hereby provide the further acknowledgment that you are advised by this writing, as required by the ADEAOlder Workers Benefit Protection Act, that: (a) this your waiver and release does do not apply to any rights or claims that may arise after you sign the Effective Date of this Separation Agreementrelease; (b) you should are advised to consult with an attorney prior to executing this release; (c) you may have twenty-one (21) days within which to consider this release Agreement (although you may choose to voluntarily by your own choice execute the Separation Agreement this release earlier); (d) you have seven (7) days following the execution of this release to revoke this Separation Agreement (in a written revocation directed to me)release; and (e) this Separation Agreement will shall not be effective until the eighth day after you sign this Separation Agreement, date upon which the revocation period has expired provided that you have not earlier revoked this Separation Agreement. You will not be entitled to receive any of (the benefits specified by this Separation Agreement unless and until it becomes effective“Effective Date”).

Appears in 2 contracts

Samples: Hot Topic Inc /Ca/, Hot Topic Inc /Ca/

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 are advised by this writingfurther acknowledge that you have been advised, as required by the ADEA, that: (ai) this release your ADEA Waiver does not apply to any rights or claims that may arise after the date that you sign this Separation Agreement; (bii) you should consult with an attorney prior to executing signing this releaseAgreement (although you may choose voluntarily not to do so); (ciii) you have twenty-one (21) days within which to consider this release Agreement (although you may choose voluntarily to voluntarily execute the Separation Agreement sign it earlier); (div) you have seven (7) days following the execution of date you sign this release Agreement to revoke this Separation Agreement the ADEA Waiver (in a by providing written notice of your revocation directed to meXxxx Xxxxx, General Counsel); and (ev) this Separation Agreement will not be effective until the date upon which the revocation period has expired, which will be the eighth day after the date that this Agreement is signed by you sign this Separation Agreement, provided that you have do not earlier revoked this Separation Agreement. You will not be entitled to receive any of revoke it (the benefits specified by this Separation Agreement unless and until it becomes effective“Effective Date”).

Appears in 1 contract

Samples: ServiceNow, Inc.

ADEA Waiver. You agree that you are voluntarily executing this Agreement and 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 are further acknowledge that you have been advised by this writing, as required by the ADEA, that: (a) your waiver and release specified in this release does paragraph do not apply to any rights or claims that may arise after the date you sign this Separation Agreement; (b) you should have been advised to consult with an attorney prior to executing signing this releaseAgreement; (c) you have twenty-one (21) at least 21 days within which from the date that you receive this Agreement to consider this release Agreement (although you may choose to voluntarily execute the sign it any time on or after your Separation Agreement earlierDate); (d) you have seven (7) days following the execution of after you sign this release Agreement to revoke this Separation Agreement it (in a written revocation directed to me“Revocation Period”); and (e) this Separation Agreement will not be effective until the eighth day after you sign this Separation Agreement, provided that you have not earlier revoked this Separation Agreement. You will not be entitled returned it to receive any of Yahoo!’s Human Resources Department and the benefits specified by this Separation Agreement unless and until it becomes effectiveRevocation Period has expired (the “Effective Date”).

Appears in 1 contract

Samples: Yahoo Inc

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 are advised by this writing, as required by the ADEA, that: (a) this your waiver and release does do not apply to any claims that may arise after you sign this Separation Agreement; (b) you should consult with an attorney prior to executing this release; (c) you have twenty-one (21) days within which to consider this release (although you may choose to voluntarily execute the Separation Agreement this release earlier); (d) you have seven (7) days following the execution of this release to revoke this Separation Agreement (in a written revocation directed sent to me); and (e) this Separation Agreement will not be effective until the eighth day after you sign this Separation Agreement, provided that you have not earlier revoked this Separation AgreementAgreement (the “Effective Date”). You will not be entitled to receive any of the benefits specified by this Separation Agreement unless and until it becomes effective.. Xxxxx X. Xxxxx July 29, 2010

Appears in 1 contract

Samples: diaDexus, Inc.

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 and that the consideration given for the ADEA Waiver waiver and release in the preceding paragraph is in addition to anything of value to which you were already entitled. You are further acknowledge that you have been advised by this writing, as required by the ADEA, that: (a) this your waiver and release does do not apply to any rights or claims that may arise after the date that you sign this Separation Agreement; (b) you should consult with an attorney prior to executing signing this releaseAgreement (although you may decide voluntarily not to do so); (c) you have twenty-one (21) days within which to consider this release Agreement (although you may choose voluntarily to voluntarily execute the Separation sign this Agreement earlier); (d) you have seven (7) days following the execution your signing of this release Agreement to revoke this Separation Agreement (in a written revocation directed sent to methe CEO); and (e) this Separation Agreement will not be effective until the eighth day after this Agreement has been signed both by you sign this Separation Agreementand by me, provided that you have do not earlier revoked this Separation Agreement. You will not be entitled to receive any of revoke it (the benefits specified by this Separation Agreement unless and until it becomes effective“Effective Date”).

Appears in 1 contract

Samples: Reliant Technologies Inc

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 ADEA, and that the consideration given for the ADEA Waiver waiver and release you have given in this Agreement is in addition to anything of value to which you were already entitled. You are further acknowledge that you have been advised by this writing, as required by the ADEA, that: (a) this your waiver and release does do not apply to any rights or claims that may arise after the date you sign this Separation Agreement; (b) you should consult with an attorney prior to executing signing this releaseAgreement (although you may voluntarily decide not to do so); (c) you have twenty-one (21) days within which to consider this release Agreement (although you may choose voluntarily to voluntarily execute the Separation sign this Agreement earliersooner); (d) you have seven (7) days following the execution of date you sign this release Agreement to revoke this Separation Agreement (in a written revocation directed sent to meand received by the Company’s Director of Human Resources); and (e) this Separation 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 Separation Agreement, Agreement provided that you have do not earlier revoked this Separation Agreement. You will not be entitled to receive any of revoke it (the benefits specified by this Separation Agreement unless and until it becomes effective“Effective Date”).

Appears in 1 contract

Samples: Letter Agreement (Orexigen Therapeutics, Inc.)

ADEA Waiver. You further 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 Waiver”"ADEA"). You also acknowledge that the consideration given for the ADEA Waiver waiver and release in the preceding paragraphs hereof is in addition to anything of value to which you were already entitled. You If you are forty (40) years of age or older when this release is signed, you hereby provide the further acknowledgment that you are advised by this writing, as required by the ADEAOlder Workers Benefit Protection Act, that: (a) this your waiver and release does do not apply to any rights or claims that may arise after you sign the Effective Date of this Separation Agreementrelease; (b) you should have the right to consult with an attorney prior to executing this releaserelease (although you may voluntarily choose not to do so); (c) you may have twenty-one (21) days within which to consider this release Agreement (although you may choose to voluntarily by your own choice execute the Separation Agreement this release earlier); (d) you have seven (7) days following the execution of this release to revoke this Separation Agreement (in a written revocation directed to me)release; and (e) this Separation Agreement will shall not be effective until the date upon which the revocation period has expired, therefore making the Effective Date the eighth day after you sign this Separation Agreement, provided that you have not earlier revoked this Separation Agreement. You will not be entitled to receive any of the benefits specified release is signed by this Separation Agreement unless and until it becomes effectiveyou.

Appears in 1 contract

Samples: Settlement and Release Agreement (First Virtual Communications Inc)

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 are advised by this writing, as required by the ADEA, that: (a) this release does not apply to any claims that may arise after you sign this Separation Agreement; (b) you should consult with an attorney prior to executing this release; (c) you have twenty-one (21) days within which to consider this release (although you may choose to voluntarily execute the Separation Agreement earlier); (d) you have seven (7) days following the execution of this release to revoke this Separation Agreement (in a written revocation directed to me); and (e) this Separation Agreement will not be effective until the eighth day after you sign this Separation Agreement, provided that you have not earlier revoked this Separation Agreement. You will not be entitled to receive any of the benefits specified by this Separation Agreement unless and until it becomes effective.

Appears in 1 contract

Samples: Coronado Biosciences Inc

ADEA Waiver. You further 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 Waiver”"ADEA"). You also acknowledge that the consideration given for the ADEA Waiver waiver and release in the preceding paragraphs hereof is in addition to anything of value to which you were already entitled. You If you are forty (40) years of age or older when this release is signed, you hereby provide the further acknowledgment that you are advised by this writing, as required by the ADEAOlder Workers Benefit Protection Act, that: (a) this your waiver and release does do not apply to any rights or claims that may arise after you sign the Effective Date of this Separation Agreementrelease; (b) you should have the right to consult with an attorney prior to executing this releaserelease (although you may voluntarily choose not to do so); (c) you may have at least twenty-one (21) days within which to consider this release Agreement (although you may choose to voluntarily by your own choice execute the Separation Agreement this release earlier); (d) you have seven (7) days following the execution of this release to revoke this Separation Agreement (in a written revocation directed to me)release; and (e) this Separation Agreement will shall not be effective until the date upon which the revocation period has expired, therefore making the effective date the eighth day after this release is signed by you sign this Separation Agreement, provided that you have not earlier revoked this Separation Agreement. You will not be entitled to receive any of (the benefits specified by this Separation Agreement unless and until it becomes effective"Effective Date").

Appears in 1 contract

Samples: Consulting Services Agreement (Genetronics Biomedical LTD)

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving waive and releasing release any rights you may have under the ADEA (“ADEA Waiver”defined above). You also acknowledge that the consideration given for the ADEA Waiver your releases in this Agreement is in addition to anything of value to which you were already entitled. You are advised by this writing, as required by the ADEA, writing that: (a) this your waiver and release does do not apply to any claims that may arise after you sign this Separation Agreement; (b) you should consult with an attorney prior to executing this releaserelease (and you have done so); (c) you have twenty-one (21) days within which to consider this release (although you may choose to voluntarily execute the Separation Agreement this release earlier); (d) you have seven (7) days following the execution of this release to revoke this Separation Agreement (in a written revocation directed to me)Agreement; and (e) this Separation Agreement will not be effective until the eighth day after you sign this Separation Agreement, provided that you have not earlier revoked this Separation AgreementAgreement (the “Effective Date”). You will not be entitled to receive any of the benefits specified by this Separation Agreement unless and until it becomes effective.. Xxxxxxx X. Xxxxx September 18, 2015

Appears in 1 contract

Samples: Sequenom Inc

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 are advised by this writingfurther acknowledge that you have been advised, as required by the ADEA, that: (ai) this release your ADEA Waiver does not apply to any rights or claims that may arise after the date that you sign this Separation Agreement; (bii) you should consult with an attorney prior to executing signing this release; (c) you have twenty-one (21) days within which to consider this release Agreement (although you may choose voluntarily not to do so); (iii) you have Forty-Five (45) days to consider this Agreement (although you may choose voluntarily execute the Separation Agreement to sign it earlier); (div) you have seven (7) days following the execution of date you sign this release Agreement to revoke this Separation Agreement the ADEA Waiver (in a by providing written notice of your revocation directed to methe Company’s CEO); and (ev) this Separation Agreement the ADEA Waiver will not be effective until the date upon which the revocation period has expired, which will be the eighth day after the date that this Agreement is signed by you sign this Separation Agreement, provided that you have do not earlier revoked this Separation Agreement. You will not be entitled to receive any of revoke it (the benefits specified by this Separation Agreement unless and until it becomes effective“Effective Date”).

Appears in 1 contract

Samples: Sciclone Pharmaceuticals Inc

ADEA Waiver. You further 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 Waiver”"ADEA"). 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 If you are forty (40) years of age or older when this release is signed, you hereby provide the further acknowledgment that you are advised by this writing, as required by the ADEAOlder Workers Benefit Protection Act, that: (a) this your waiver and release does do not apply to any rights or claims that may arise after you sign the Effective Date of this Separation Agreementrelease; (b) you should have the right to consult with an attorney prior to executing this releaserelease (although you may voluntarily choose not to do so); (c) you may have twenty-one (21) days within which to consider this release Agreement (although you may choose to voluntarily by your own choice execute the Separation Agreement this release earlier); (d) you have seven (7) days following the execution of this release to revoke this Separation Agreement (in a written revocation directed to me)release; and (e) this Separation Agreement will shall not be effective until the date upon which the revocation period has expired, therefore making the Effective Date the eighth day after you sign this Separation Agreement, provided that you have not earlier revoked this Separation Agreement. You will not be entitled to receive any of the benefits specified release is signed by this Separation Agreement unless and until it becomes effectiveyou.

Appears in 1 contract

Samples: Settlement and Release Agreement (First Virtual Communications Inc)

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ADEA Waiver. You further acknowledge that 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 to which you are agreeing herein is in addition to anything of value to which you were already entitled. You acknowledge that you are advised by this writing, as required by the ADEAOlder Workers Benefit Protection Act, that: (a) this your waiver and release does do not apply to any rights or claims that may arise after you sign the Effective Date of this Separation Agreementrelease; (b) you should consult with an attorney prior to executing this releaserelease (although you may voluntarily choose not to do so); (c) you may have at least twenty-one (21) days within which to consider this release Agreement (although you may choose to voluntarily by your own choice execute the Separation Agreement this release earlier); (d) you have seven (7) days following the execution of this release to revoke this Separation Agreement (in a written revocation directed to me)your release of ADEA claims; and (e) this Separation Agreement will shall not be effective until the date upon which the revocation period has expired, therefore making the effective date the eighth day after this release is signed by you sign this Separation Agreement, provided that you have not earlier revoked this Separation Agreement. You will not be entitled to receive any of (the benefits specified by this Separation Agreement unless and until it becomes effective"Effective Date").

Appears in 1 contract

Samples: Mp3 Com Inc

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 of 1967, as amended (“ADEA WaiverADEA”). 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 are further acknowledge that you have been advised by this writing, as required by the ADEA, that: (a) this your waiver and release does do not apply to any rights or claims that may arise after the date you sign this Separation Agreement; (b) you should have been advised hereby that you have the right to consult with an attorney prior to executing this releaseAgreement; (c) you have twenty-one (21) days within which to consider this release Agreement (although you may choose to voluntarily execute the Separation this Agreement earlier); (d) you have seven (7) days following the your execution of this release Agreement to revoke this Separation the Agreement (in a written revocation directed to mewriting); and (e) this Separation Agreement will not be effective until after the date upon which the revocation period has expired, which will be the eighth day after you sign this Separation AgreementAgreement is executed by you, provided that you have not earlier revoked the Company has also executed this Separation Agreement. You will not be entitled to receive any of the benefits specified Agreement by this Separation Agreement unless and until it becomes effectivethat date.

Appears in 1 contract

Samples: Pharsight Corp

ADEA Waiver. You acknowledge that that, by giving the general release above, 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 releases you have given in this Agreement is in addition to anything of value to which you were already entitled. You are advised by this writingfurther acknowledge that you have been advised, as required by the ADEA, that: (a) this your waiver and release does not apply to any rights or claims that may arise arising after the date you sign this Separation Agreement; (b) you should consult with an attorney prior to executing signing this releaseAgreement (although you may choose voluntarily not to do so); (c) you have twenty-one (21) days within which to consider this release Agreement (although you may choose voluntarily to voluntarily execute the Separation Agreement earliersign it sooner); (d) you have seven (7) days following the execution of date you sign this release Agreement to revoke this Separation Agreement (in a written revocation directed sent to methe Company’s Chief Executive Exhibit 10.3 Officer); and (e) this Separation Agreement will not be effective until the date upon which the revocation period has expired, which will be the eighth day after you sign this Separation Agreement, provided that you have do not earlier revoked this Separation Agreement. You will not be entitled to receive any of revoke it (the benefits specified by this Separation Agreement unless and until it becomes effective“Effective Date”).

Appears in 1 contract

Samples: Newlink Genetics Corp

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 are advised by this writing, as required by the ADEA, that: (a) this your waiver and release does do not apply to any claims that may arise after you sign this Separation Agreement; (b) you should consult with an attorney prior to executing this release; (c) you have twenty-one (21) days within which to consider this release (although you may choose to voluntarily execute the Separation Agreement this release earlier); (d) you have seven (7) days following the execution of this release to revoke this Separation Agreement (in a written revocation directed to me)Agreement; and (e) this Separation Agreement will not be effective until the eighth day after you sign this Separation Agreement, provided that you have not earlier revoked this Separation AgreementAgreement (the “Effective Date”). You will not be entitled to receive any of the benefits specified by this Separation Agreement unless and until it becomes effective.

Appears in 1 contract

Samples: Hot Topic Inc /Ca/

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 are advised by this writing, as required by the ADEA, that: (a) this your waiver and release does do not apply to any claims that may arise after you sign this Separation Agreement; (b) you should consult with an attorney prior to executing this release; (c) you have twenty-one (21) days within which to consider this release (although you may choose to voluntarily execute the Separation Agreement this release earlier); (d) you have seven (7) days following the execution of this release to revoke this Separation Agreement (in a written revocation directed sent to me); and (e) this Separation Agreement will not be effective until the eighth day after you sign this Separation Agreement, provided that you have not earlier revoked this Separation AgreementAgreement (the “Effective Date”). You will not be entitled to receive any of the benefits specified by this Separation Agreement unless and until it becomes effective.

Appears in 1 contract

Samples: Optimer Pharmaceuticals Inc

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 are advised by this writing, as required by the ADEA, that: (a) this your waiver and release does do not apply to any claims that may arise after you sign this Separation Agreement; (b) you should consult with an attorney prior to executing this release; (c) you have twenty-one (21) 21 days within which to consider this release (although you may choose to voluntarily execute the Separation Agreement this release earlier); (d) you have seven (7) 7 days following the execution of this release to revoke this Separation Agreement (in a written revocation directed to me); and (e) this Separation Agreement will not be effective until the eighth day after you sign this Separation Agreement, provided that you have not earlier revoked this Separation AgreementAgreement (the “Effective Date”). You will not be entitled to receive any of the benefits specified by this Separation Agreement unless and until it becomes effective.

Appears in 1 contract

Samples: Neurocrine Biosciences Inc

ADEA Waiver. You hereby acknowledge that you are knowingly and voluntarily waiving and releasing any rights all rights, if any, you may have under the ADEA (“ADEA Waiver”). You also acknowledge and that the consideration given for the ADEA Waiver waiver and release in the preceding paragraph is in addition to anything of value to which you were already entitled. You are further acknowledge that you have been advised by this writing, as required by the ADEA, that: (a) this your waiver and release does do not apply to any rights or claims that may arise after the date that you sign this Separation Agreement; (b) you should consult with an attorney prior to executing signing this releaseAgreement (although you may decide voluntarily not to do so); (c) you have twenty-one (21) days within which to consider this release Agreement (although you may choose voluntarily to voluntarily execute the Separation sign this Agreement earlier); (d) you have seven (7) days following the execution your signing of this release Agreement to revoke this Separation Agreement (in by a written revocation directed to mereceived by the CEO); and (e) this Separation Agreement will not be effective until the eighth day after this Agreement has been signed both by you sign this Separation Agreement, provided that you have not earlier revoked this Separation Agreement. You will not be entitled to receive any and by a duly authorized officer of the benefits specified by this Separation Agreement unless and until it becomes effectiveCompany (the “Effective Date”).

Appears in 1 contract

Samples: Transition Agreement (Sumtotal Systems Inc)

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 are advised by this writingfurther acknowledge that you have been advised, as required by the ADEA, that: (a) this your waiver and release does do not apply to any rights or claims that may arise after the date that you sign this Separation Agreement; (b) you should have the right to consult with an attorney prior to executing signing this releaseAgreement (although you may choose voluntarily not to do so); (c) you have twenty-one (21) days within which from the date you receive this Agreement to consider this release Agreement (although you may choose voluntarily to voluntarily execute the Separation Agreement sign it earlier); (d) you have seven (7) days following the execution of date you sign this release Agreement to revoke this Separation the Agreement (in a by providing written notice of your revocation directed to me)the Company’s Chief Executive Officer; and (e) this Separation Agreement will not be effective until the date upon which the revocation period has expired, which will be the eighth day after the date that this Agreement is signed by you sign this Separation Agreement, provided that you have not earlier revoked this Separation Agreement. You will not be entitled to receive any of (the benefits specified by this Separation Agreement unless and until it becomes effective“Effective Date”).

Appears in 1 contract

Samples: Nuvelo Inc

ADEA Waiver. You acknowledge that 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 provided for in this Agreement exceeds the ADEA Waiver is in addition to anything of value amount to which you otherwise were already entitled. You are further acknowledge that you have been advised by this writing, as required by the ADEA, that: (a) this your release of ADEA claims does not apply to any rights or claims that may arise after the date you sign this Separation Agreement; (b) you should consult with an attorney prior to executing signing this releaseAgreement; (c) you have twenty-one (21) days within which to consider this release Agreement (although you may choose to voluntarily execute the Separation Agreement earliersign it sooner); and (d) you have seven (7) days following the execution of this release to revoke this Separation Agreement (in a written revocation directed to me); and (e) this Separation Agreement will not be effective until the eighth day after date you sign this Agreement to revoke it, with such revocation to be effective only if you deliver written notice of revocation to the Company within the seven (7)-day period. Nevertheless, (i) the termination of your employment is effective as of the Separation AgreementDate, provided that and not revocable and (ii) you have not earlier revoked this Separation Agreement. You will not be entitled to receive any of the benefits specified by payment set forth in Section 3(a) if you revoke the ADEA release provided under this Separation Agreement unless and until it becomes effectiveAgreement.

Appears in 1 contract

Samples: TigerLogic CORP

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 waiver and release in this Section is in addition to anything of value to which you were are already entitled. You are advised by this writingfurther acknowledge that you have been advised, as required by the ADEA, that: (ai) this your waiver and release does do not apply to any rights or claims that may arise after the date that you sign this Separation Agreement; (bii) you should consult with an attorney prior to executing signing this releaseAgreement (although you may choose voluntarily not to do so); (ciii) you have twenty-one (21) days within which to consider this release Agreement (although you may choose voluntarily to voluntarily execute the Separation Agreement sign it earlier); (div) you have seven (7) days following the execution of date you sign this release Agreement to revoke this Separation Agreement the ADEA Waiver (in a by providing written notice of your revocation directed to me); and (ev) this Separation Agreement 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 Separation Agreement, provided that you have not earlier revoked this Separation Agreement. You will not be entitled to receive any of the benefits specified by this Separation Agreement unless and until it becomes effective(“Effective Date”).

Appears in 1 contract

Samples: RAPT Therapeutics, Inc.

ADEA Waiver. You acknowledge that you are knowingly and voluntarily waiving waive and releasing release any rights you may have under the ADEA (“ADEA Waiver”defined above). You also acknowledge that the consideration given for the ADEA Waiver your releases in this Agreement is in addition to anything of value to which you were already entitled. You are advised by this writing, as required by the ADEA, writing that: (a) this your waiver and release does do not apply to any claims that may arise after you sign this Separation Agreement; (b) you should consult with an attorney prior to executing this releaserelease (and you have done so); (c) you have twenty-one (21) days within which to consider this release (although you may choose to voluntarily execute the Separation Agreement this release earlier); (d) you have seven (7) days following the execution of this release to revoke this Separation Agreement (in a written revocation directed to me)Agreement; and (e) this Separation Agreement will not be effective until the eighth day after you sign this Separation Agreement, provided that you have not earlier revoked this Separation AgreementAgreement (the “Effective Date”). 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. You will not be entitled to receive any of the benefits specified by this Separation Agreement unless and until it becomes effective.. Xxxxxxx X. Xxxxxx November 9, 2020

Appears in 1 contract

Samples: Sientra, Inc.

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 Xxxx X. Xxxxxxxxxxxxx consideration given for the ADEA Waiver waiver and release in this Section is in addition to anything of value to which you were are already entitled. You are advised by this writingfurther acknowledge that you have been advised, as required by the ADEA, that: (ai) this your waiver and release does do not apply to any claims rights or claims, under the ADEA or otherwise, that may arise after the date that you sign this Separation Agreement; (bii) you should consult with an attorney prior to executing signing this release; (c) you have twenty-one (21) days within which to consider this release Agreement (although you may choose voluntarily not to do so); (iii) you have 21 days to consider this Agreement (although you may choose voluntarily execute the Separation Agreement to sign it earlier); (div) you have seven (7) days following the execution of date you sign this release Agreement to revoke this Separation Agreement (in a by providing written notice of your revocation directed to me); and (ev) this Separation 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 Separation Agreement, provided that you have not earlier revoked this Separation Agreement. You will not be entitled to receive any of the benefits specified by this Separation Agreement unless and until it becomes effective(“Effective Date”).

Appears in 1 contract

Samples: Five Prime Therapeutics, Inc.

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