Common use of ADEA Waiver Clause in Contracts

ADEA Waiver. The Executive has read this Release carefully and expressly acknowledges and agrees that: (a) in return for this Release, the Executive will receive consideration beyond that which he or she was already entitled to receive before entering into this Release; (b) the Executive was given a copy of this Release on [_______, 20__] and informed that he or she had at least 21 days to consider all of its terms and that if the Executive wished to execute this Release prior to expiration of such 21-day period, he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit B-1; (c) the Executive is hereby advised in writing by this Release to consult with any attorney and any other advisors of the Executive’s choice prior to executing this Release; (d) the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive may have to xxx or bring any other claims against the Released Parties, including any and all rights and claims that the Executive may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this Release; and (e) nothing in this Release prevents or precludes the Executive 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 from doing so, unless specifically authorized by federal law. The Executive also understands that the Executive has a period of seven (7) days after signing this Release within which to revoke his agreement, and that neither the Company nor any other person is obligated to make any payments or provide any other benefits to the Executive pursuant to the Agreement until eight (8) days have passed since the Executive’s signing of this Release without the Executive’s signature having been revoked other than any accrued obligations or other benefits payable pursuant to the terms of the Company’s normal payroll practices or employee benefit plans. In the event the Executive exercises this right of revocation, neither the Company nor the Executive will have any obligations under this Release. Finally, the Executive has not been forced or pressured in any manner whatsoever to sign this Release, and the Executive agrees to all of its terms voluntarily.

ADEA Waiver. The Executive has read this Release carefully and expressly acknowledges and agrees that: (a) in return for this Release, the Executive will receive consideration beyond that which he or she was already entitled to receive before by entering into this Release; (b) the Executive was given a copy of this Release on [_______Agreement, 20__] and informed that he or she had at least 21 days to consider all of its terms and that if the Executive wished to execute this Release prior to expiration of such 21-day period, he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit B-1; (c) the Executive is hereby advised in writing by this Release to consult with any attorney and any other advisors of the Executive’s choice prior to executing this Release; (d) the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive may have to xxx or bring any other claims against the Released Parties, including waiving any and all rights and claims or Claims that the Executive he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this ReleaseRelease Agreement. Executive further expressly acknowledges and agrees that: [A] In return for this Release Agreement, Executive will receive consideration beyond that which Executive was already entitled to receive before entering into this Release Agreement; [B] Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement; [C] Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it; [D] Executive was given a copy of this Release Agreement on _______, 20___ and informed that he had twenty one (e21) nothing days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement attached hereto; [E] Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises his right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement; [F] Nothing in this Release Agreement prevents or precludes the Executive 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 from doing so, unless specifically authorized by federal law. The Executive also understands that the Executive has a period of seven (7) days after signing this Release within which to revoke his agreement, and that neither the Company nor any other person is obligated to make any payments or provide any other benefits to the Executive pursuant to the Agreement until eight (8) days have passed since the Executive’s signing of this Release without the Executive’s signature having been revoked other than any accrued obligations or other benefits payable pursuant to the terms of the Company’s normal payroll practices or employee benefit plans. In the event the Executive exercises this right of revocation, neither the Company nor the Executive will have any obligations under this Release. Finally, the Executive has not been forced or pressured in any manner whatsoever to sign this Release, and the Executive agrees to all of its terms voluntarily.law.2

ADEA Waiver. The By execution of this Agreement, Executive has read this Release carefully expressly waives any and expressly acknowledges and agrees thatall rights to claims under the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621, et seq.: (a) in return for this Release, the Executive will receive consideration beyond acknowledges that which he or she was already entitled to receive before entering into this Release; (b) the Executive was given a copy of this Release on [_______, 20__] and informed that he or she had at least 21 days to consider all of its terms and that if the Executive wished to execute this Release prior to expiration of such 21-day period, he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit B-1; (c) the Executive is hereby advised in writing by this Release to consult with any attorney and any other advisors of the Executive’s choice prior waiver of rights or claims refers to executing this Release; (d) the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive may have to xxx rights or bring any other claims against the Released Parties, including any and all rights and claims that the Executive may have arising under the Age Discrimination in Employment Act of 1967, as amended is in writing and is understood by Executive; (“ADEA”), which have arisen on or before the date of b) Executive expressly understands that by execution of this Releasedocument, Executive does not waive any rights or claims that may arise after the date the waiver is executed; (c) Executive acknowledges that the waiver of Executive’s rights or claims arising under the Age Discrimination in Employment Act is in exchange for the consideration outlined in this Agreement which is above and beyond that to which Executive is entitled; (d) Executive acknowledges that the Company expressly advised Executive to consult with an attorney of Executive’s choosing prior to executing this document and that Executive has been given a period of not less than twenty-one (21) days within which to consider this document; and (e) nothing Executive acknowledges that Executive has been advised by the Company that Executive is entitled to revoke (in the event Executive executes this Release prevents document) Executive’s waiver of rights or precludes the Executive from challenging or seeking a determination in good faith of the validity of this waiver claims arising under the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal law. The Executive also understands that the Executive has a period of Age Discrimination in Employment Act within seven (7) days after signing executing this Release within which to revoke his agreement, document and that neither said waiver will not and does not become effective or enforceable until the Company nor any other person is obligated to make any seven (7) day revocation period has expired. This Agreement shall not become effective or enforceable until the revocation period has expired and no payments or provide any other benefits to the Executive pursuant to this Agreement shall be made until the Agreement until eight (8) days have passed since the Executive’s signing 8th day following execution of this Release without the Executive’s signature having been revoked other than any accrued obligations or other benefits payable pursuant to the terms of the Company’s normal payroll practices or employee benefit plans. In the event the Executive exercises this right of revocation, neither the Company nor the Executive will have any obligations under this Release. Finally, the Executive has not been forced or pressured in any manner whatsoever to sign this Release, and the Executive agrees to all of its terms voluntarilyAgreement.

ADEA Waiver. The Executive has read this Release carefully and expressly acknowledges and agrees that: (a) in return for this Release, the Executive will receive consideration beyond that which he or she was already entitled to receive before entering into this Release; (b) the Executive was given a copy of this Release on [_______, 20__] and informed that he or she had at least 21 days to consider all of its terms and that if the Executive wished to execute this Release prior to expiration of such 21-day period, he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit B-1A-1; (c) the Executive is hereby advised in writing by this Release to consult with any attorney and any other advisors of the Executive’s choice prior to executing this Release; (d) the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive may have to xxx or bring any other claims against the Released Parties, including any and all rights and claims that the Executive may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this Release; and (e) nothing in this Release prevents or precludes the Executive 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 from doing so, unless specifically authorized by federal law. The Executive also understands that the Executive has a period of seven (7) days after signing this Release within which to revoke his agreement, and that neither the Company nor any other person is obligated to make any payments or provide any other benefits to the Executive pursuant to the Agreement until eight (8) days have passed since the Executive’s signing of this Release without the Executive’s signature having been revoked other than any accrued obligations or other benefits payable pursuant to the terms of the Company’s normal payroll practices or employee benefit plans. In the event the Executive exercises this right of revocation, neither the Company nor the Executive will have any obligations under this Release. Finally, the Executive has not been forced or pressured in any manner whatsoever to sign this Release, and the Executive agrees to all of its terms voluntarily.

ADEA Waiver. The Executive has read this Release carefully and expressly Employee acknowledges and agrees that: (a) in return for this Release, that the Executive will receive consideration beyond that which he or she was already entitled to receive before entering into this Release; (b) the Executive was given a copy of this Release on [_______, 20__] and informed that he or she had at least 21 days to consider all of its terms and that if the Executive wished to execute this Release prior to expiration of such 21-day period, he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit B-1; (c) the Executive Employee is hereby advised in writing by this Release to consult with waiving and releasing any attorney and any other advisors of age claims or rights the Executive’s choice prior to executing this Release; (d) the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive Employee may have to xxx or bring any other claims against the Released Parties, including any and all rights and claims that the Executive may have arising under the Age Discrimination in Employment Act of 1967, as amended 1967 (“ADEA”), which have arisen on as amended by the Older Workers’ Benefit Protection Act of 1990, 29 U.S.C. §§ 621 et seq. This Section and this Agreement are written in a manner calculated to be understood by the Employee. In connection with this ADEA release, the Employee agrees that the Employee is hereby entering into this waiver and release knowingly and voluntarily, and that this waiver and release does not apply to any rights or before claims that may arise under the ADEA after the date the Employee executes this Agreement. The Employee further acknowledges that the consideration given for the release of execution the ADEA claims is in addition to anything of value to which the Employee was already entitled. Finally, the Employee acknowledges that the Employee has been advised by this writing that: (a) the Employee should consult with an attorney prior to executing this Agreement; (b) the Employee has had at least twenty-one (21) days from receipt of this Release; Agreement to consider whether to execute it and (e) nothing in this Release prevents or precludes the Executive from challenging or seeking a determination in good faith of the validity of this waiver release any age claim under the ADEA. If the Employee chooses to execute this Agreement before the 21-day period has elapsed, nor the Employee does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal law. The Executive also understands that so knowingly and voluntarily; (c) the Executive Employee has a period of seven (7) days after signing following the Employee’s execution of this Release within which Agreement to revoke his agreement, and that neither the Company nor any other person is obligated to make any payments or provide any other benefits to the Executive pursuant to the Agreement until eight (8) days have passed since the ExecutiveEmployee’s signing signature by providing written notice of this Release without fact within the Executive’s signature having been revoked other than any accrued obligations 7-day period to Employer; such written notice to be delivered by overnight courier to Employer at the following address: Pacific Mercantile Bancorp 000 Xxxxx Xxxxx Xxxxx, Xxxxx 000 Xxxxx Xxxx, XX 00000 Attention: Chief Financial Officer (d) if the Employee revokes this Agreement, the Employee will not receive the Severance or other benefits payable pursuant to the terms of the Company’s normal payroll practices or employee benefit plansset forth in this Agreement. In the event the Executive exercises this right of revocation, neither the Company nor the Executive will have any obligations under this Release. Finally, the Executive has not been forced or pressured in any manner whatsoever to sign this Release, and the Executive agrees to all of its terms voluntarily5.

ADEA Waiver. The Executive has read this Release carefully and Mxxxx expressly acknowledges and agrees that: (a) in return for this Release, the Executive will receive consideration beyond that which he or she was already entitled to receive before by entering into this Release; (b) the Executive was given a copy of this Release on [_______, 20__] and informed that he or she had at least 21 days to consider all of its terms and that if the Executive wished to execute this Release prior to expiration of such 21-day periodAgreement, he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit B-1; (c) the Executive is hereby advised in writing by this Release to consult with any attorney and any other advisors of the Executive’s choice prior to executing this Release; (d) the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive may have to xxx or bring any other claims against the Released Parties, including waiving any and all rights and or claims that the Executive he may have arising under the Age Discrimination in Employment Act of 1967, as amended by the Older Workers Benefit Protection Act of 1990 (“the "ADEA”"), which have arisen on or before the date of execution of this ReleaseAgreement. Mxxxx also expressly acknowledges and agrees that: (a) in return for this Agreement, Mxxxx will receive consideration, i.e., something of value, beyond that to which he was already entitled before entering into this Agreement; (b) he is hereby advised in writing by this Agreement to consult with an attorney before signing this Agreement and has in fact so consulted; (c) when given a copy of this Agreement, Mxxxx was informed that he had twenty-one (21) days within which to consider it and that any changes to the Agreement, whether material or immaterial, will not renew, extend or modify the 21-day period to consider this Agreement; (d) Mxxxx was informed that he has seven (7) days following the date he executes the Agreement in which to revoke it and that any such revocation must be delivered to the Company to the attention of the Company's Chief Executive Officer, Pxxx Xxxxx; and (e) nothing in this Release Agreement prevents or precludes the Executive Mxxxx 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 from doing so, unless specifically authorized by federal law. The Executive also understands Mxxxx further understands, agrees, and represents that if he elects to execute this Agreement before the Executive has a twenty-one (21) day reflection period of seven (7) days expires, he does so voluntarily after signing this Release within which to revoke his agreementconsultation with counsel, and that this Agreement shall not become effective until the seven day revocation period has expired. IN THE EVENT THAT MXXXX EXERCISES HIS RIGHT TO REVOKE THIS AGREEMENT, IT WILL be null and void and neither the Company nor any other person is obligated to make any payments or provide any other benefits to the Executive pursuant to the Agreement until eight (8) days have passed since the Executive’s signing of this Release without the Executive’s signature having been revoked other than any accrued obligations or other benefits payable pursuant to the terms of the Company’s normal payroll practices or employee benefit plans. In the event the Executive exercises this right of revocation, neither the Company nor the Executive Mxxxx will have any rights or obligations under this Release. Finally, the Executive has not been forced or pressured in any manner whatsoever to sign this Release, and the Executive agrees to all of its terms voluntarilyAgreement.

ADEA Waiver. The Executive has read 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 you fully understand the terms, conditions, and provisions of this Release carefully Agreement. You also acknowledge that you have freely and expressly acknowledges and agrees voluntarily entered into this Agreement without any threat, coercion, or intimidation by any person. You further 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: (a) in return for your ADEA Waiver does not apply to any rights or claims that arise after the date you sign this Release, the Executive will receive consideration beyond that which he or she was already entitled to receive before entering into this ReleaseAgreement; (b) you are not waiving your right, if any, to file a complaint or charge with the Executive was given a copy EEOC or participate in any investigation or proceeding conducted by the EEOC with respect to an age discrimination claim that arose prior to the Effective Date of this Release on [_______Agreement, 20__] and informed but are waiving your right to recover damages or to seek reinstatement pursuant to such complaint or charge; (c) this provision does not purport to waive ADEA rights or claims that he may arise from acts or she had at least events occurring after the Effective Date of this Agreement; (d) you should consult with an attorney prior to signing this Agreement; (e) you have 21 days to consider all of its terms and that if the Executive wished this Agreement (although you may choose to execute this Release voluntarily sign it sooner provided it is not prior to expiration of such 21-the first day period, he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit B-1after your Separation Date); (cf) you have seven (7) days following the Executive is hereby advised in writing by date you sign this Release Agreement to consult with any attorney and any other advisors of the Executive’s choice prior to executing this Release; (d) the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive may have to xxx or bring any other claims against the Released Parties, including any and all rights and claims that the Executive may have arising under the Age Discrimination in Employment Act of 1967, as amended revoke it (“ADEARevocation Period”), which have arisen on or before with such revocation to be effective only if you deliver written notice of revocation to the date of execution of this ReleaseCompany at within the seven day period; and (e) nothing in this Release prevents or precludes Agreement will not be effective until the Executive from challenging or seeking a determination in good faith date upon which the revocation period has expired unexercised, which will be the eighth day after you sign this Agreement (“Effective Date”). You also understand that the foregoing paragraph does not apply to any challenge you may make regarding the knowing and voluntary nature of the validity release of this waiver your claim for age discrimination, if any, under the ADEA. You also understand, however, that if you pursue a claim against any of the Released Parties for age discrimination under the ADEA, nor does it impose a court has the discretion to determine whether any condition precedentof the Released Parties are entitled to restitution, penalties recoupment, or setoff against a monetary award obtained by you in any proceeding. You also recognize that, as a result of such challenge, the Released Parties may be entitled to recover costs from doing so, unless and attorneys’ fees incurred by them as specifically authorized by federal under applicable law. The Executive also understands Notwithstanding the foregoing, you further understand that nothing contained in this Agreement limits your ability to file a charge or complaint with the Executive has a period of seven (7) days after signing this Release within which to revoke his agreementEqual Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and that neither the Company nor Health Administration, or any other person federal, state or local governmental agency or commission (“Government Agencies”) but is obligated waiving your right to make recover damages or to seek reinstatement pursuant to such complaint or charge. You further understand that this Agreement does not limit your ability to communicate with any payments Government Agencies or provide otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other benefits information, without notice to the Executive pursuant Company. This Agreement does not limit your right to the Agreement until eight (8) days have passed since the Executive’s signing of this Release without the Executive’s signature having been revoked other than receive an award for information provided to any accrued obligations or other benefits payable pursuant to the terms of the Company’s normal payroll practices or employee benefit plans. In the event the Executive exercises this right of revocation, neither the Company nor the Executive will have any obligations under this Release. Finally, the Executive has not been forced or pressured in any manner whatsoever to sign this Release, and the Executive agrees to all of its terms voluntarilyGovernment Agencies.

ADEA Waiver. The Executive has read this Release carefully Employee acknowledges that Employee is knowingly and expressly acknowledges voluntarily waiving and agrees releasing any rights Employee may have under the Federal Age Discrimination in Employment Act (“ADEA Waiver”) and that the consideration given for the ADEA Waiver is in addition to anything of value to which Employee is already entitled. Employee further acknowledge that: (a) in return for Employee’s ADEA Waiver does not apply to any claims that may arise after Employee executes this Release, the Executive will receive consideration beyond that which he or she was already entitled to receive before entering into this ReleaseAgreement; (b) the Executive was given a copy of this Release on [_______, 20__] and informed that he or she had at least 21 days to consider all of its terms and that if the Executive wished to execute this Release Employee should consult with an attorney prior to expiration of such 21-day period, he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit B-1executing this Agreement; (c) Employee has 21 calendar days from the Executive is hereby advised in writing by employment end date (the “Release Deadline”) within which to consider this Release Agreement (although Employee may choose to consult with any attorney and any other advisors of the Executive’s choice prior to executing execute this ReleaseAgreement earlier); (d) Employee have 7 calendar days following the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive may have to xxx or bring any other claims against the Released Parties, including any and all rights and claims that the Executive may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this ReleaseAgreement to revoke Employee’s execution of this Agreement; and (e) nothing in this Release prevents or precludes the Executive from challenging or seeking a determination in good faith of the validity execution of this waiver under Agreement will not be effective until the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal law. The Executive also understands eighth day after Employee executes this Agreement provided that the Executive has a period of seven (7) days after signing this Release within which to revoke his agreement, and that neither the Company nor any other person is obligated to make any payments or provide any other benefits to the Executive pursuant to the Agreement until eight (8) days have passed since the Executive’s signing of this Release without the Executive’s signature having been revoked other than any accrued obligations or other benefits payable pursuant to the terms of the Company’s normal payroll practices or employee benefit plans. In the event the Executive exercises this right of revocation, neither the Company nor the Executive will have any obligations under this Release. Finally, the Executive Employee has not been forced revoked it. Employee agrees that any modifications, material or pressured otherwise, made to this Agreement do not restart or affect in any manner whatsoever the original 21-day consideration period provided in this section. To revoke Employee’s execution of this Agreement, Employee must email the Company notice of revocation at the email address listed below to sign the end of the 7-day period. Employee acknowledges that Employee’s execution of this Release, Agreement is knowing and voluntary. The offer to any amount beyond the Executive agrees to all Accrued Benefits described in Section 2 of its terms voluntarilythis Agreement will be automatically withdrawn if Employee does not execute this Agreement within the Release Deadline.

ADEA Waiver. The Executive has read this Release carefully Employee acknowledges that she is waiving and expressly acknowledges and agrees that: (a) in return for this Release, the Executive will receive consideration beyond that which he or releasing any rights she was already entitled to receive before entering into this Release; (b) the Executive was given a copy of this Release on [_______, 20__] and informed that he or she had at least 21 days to consider all of its terms and that if the Executive wished to execute this Release prior to expiration of such 21-day period, he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit B-1; (c) the Executive is hereby advised in writing by this Release to consult with any attorney and any other advisors of the Executive’s choice prior to executing this Release; (d) the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive may have to xxx or bring any other claims against the Released Parties, including any and all rights and claims that the Executive may have arising under the Age Discrimination in Employment Act of 1967, as amended 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Employee agrees 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. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which have arisen on or before the date of Employee was already entitled. Employee further acknowledges that she has been advised by this writing that: (a) she should consult with an attorney prior to executing this Agreement; (b) she has had twenty-one (21) days within which to consider this Agreement; (c) she has seven (7) days following her execution of this ReleaseAgreement to revoke this Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Release Agreement prevents or precludes the Executive Employee 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 penalties, or costs from for doing so, unless specifically authorized by federal law. The Executive also understands that the Executive has a period of seven (7) days after signing this Release within which to revoke his agreement, and that neither the Company nor any other person is obligated to make any payments or provide any other benefits to the Executive pursuant to the Agreement until eight (8) days have passed since the Executive’s signing of this Release without the Executive’s signature having been revoked other than any accrued obligations or other benefits payable pursuant to the terms of the Company’s normal payroll practices or employee benefit plans. In the event the Executive exercises Employee signs this right of revocation, neither Agreement and returns it to the Company nor in less than the Executive will have any obligations under 21-day period identified above, Employee hereby acknowledges that she has freely and voluntarily chosen to waive the time period allotted for considering this ReleaseAgreement. FinallyEmployee acknowledges and understands that revocation must be accomplished by a written notification to Xxxxx Xxxxx-Xxxxxxx, Director of People Relations that is received prior to the Executive has Effective Date. The Parties agree that changes to this Agreement, whether material or immaterial, do not been forced or pressured in any manner whatsoever to sign this Release, and restart the Executive agrees to all running of its terms voluntarilythe 21-day consideration period referenced above.

ADEA Waiver. The Executive has read this Release carefully You acknowledge that your waiver and expressly acknowledges and agrees that: (a) in return for this Release, the Executive will receive consideration beyond that which he or she was already entitled to receive before entering into this Release; (b) the Executive was given a copy release hereunder of this Release on [_______, 20__] and informed that he or she had at least 21 days to consider all of its terms and that if the Executive wished to execute this Release prior to expiration of such 21-day period, he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit B-1; (c) the Executive is hereby advised in writing by this Release to consult with any attorney and any other advisors of the Executive’s choice prior to executing this Release; (d) the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive rights you may have to xxx or bring any other claims against the Released Parties, including any and all rights and claims that the Executive may have arising under the Age Discrimination in Employment Act of 19671967 (ADEA), as amended (“ADEA”)by the Older Workers Benefit Protection Act, which is knowing and voluntary. You certify that you have arisen on read and understand the provisions of this release of claims. You and the Company agree that this waiver and release does not apply to any rights or before claims that may arise under ADEA after the date of execution of this Release; and (e) nothing Separation Agreement is executed. You acknowledge that the severance benefits provided in this Release prevents or precludes Separation Agreement are specifically linked to your ADEA claim release and that you would not receive the Executive from challenging or seeking same benefits absent your agreement to provide such a determination in good faith of release. You acknowledge that you have been advised by this writing, as required by the validity of Older Workers Benefit Protection Act, that (a) you should consult with an attorney prior to executing this waiver under the ADEASeparation Agreement; (b) you have twenty-one (21) days to consider this Separation Agreement (although you may, nor does it impose any condition precedentby your own choice, penalties or costs from doing so, unless specifically authorized by federal law. The Executive also understands that the Executive has a period of execute this Separation Agreement earlier); (c) you have seven (7) days after signing following the execution of this Release within which Separation Agreement by you to revoke his agreementthe Separation Agreement; and (d) this Separation Agreement shall not be effective until the date upon which this revocation period has expired. If you wish to revoke the Separation Agreement, you must send written notice of your revocation to the attention of , to be received within seven (7) days following your signature on this Separation Agreement. Separation Agreement Exhibit A The only Claims excluded from this release are claims relating to breach or enforceability of this Separation Agreement and your right to file a complaint, charge or other action with a governmental agency. With regard to governmental agency complaints, however, you understand and agree that neither the Company nor you are expressly waiving any right to obtain monetary damages or any other person relief that provides personal benefit resulting from the agency claim. This waiver and release is obligated to make any payments or provide any other benefits effective to the Executive pursuant full extent the law permits you to the Agreement until eight (8) days release your individual claims. It does not affect reimbursement rights you may currently possess under any health insurance coverage or accrued rights you may have passed since the Executive’s signing of this Release without the Executive’s signature having been revoked other than under any accrued obligations or other benefits payable pursuant to the terms of the Company’s normal payroll practices or employee benefit plans. In the event the Executive exercises this right of revocation, neither the Company nor the Executive will have any obligations under this Release. Finally, the Executive has not been forced or pressured in any manner whatsoever to sign this Release, and the Executive agrees to all of its terms voluntarilyretirement plan after termination.

ADEA Waiver. The Executive has read this Release carefully You understand and hereby expressly acknowledges and agrees acknowledge that: (a) in return for this Release, the Executive will receive consideration beyond that which he or she was already entitled to receive before by entering into this Release; (b) the Executive was given a copy of this Release on [_______Supplemental Agreement, 20__] you are knowingly and informed that he or she had at least 21 days to consider all of its terms voluntarily waiving and that if the Executive wished to execute this Release prior to expiration of such 21-day period, he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit B-1; (c) the Executive is hereby advised in writing by this Release to consult with any attorney and any other advisors of the Executive’s choice prior to executing this Release; (d) the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive may have to xxx or bring any other claims against the Released Parties, including releasing any and all rights and claims that the Executive you may have arising under the Age Discrimination in Employment Act of 1967Act, as amended by the Older Workers Benefit Protection Act of 1990 (“ADEA”), which have arisen on or before the date of execution of this Release; Supplemental Agreement (“ADEA Waiver”), and that the consideration given for the foregoing waiver is in addition to anything of value to which you were already entitled. You further acknowledge and agree that you have been advised by this writing, as required by the ADEA that: (ea) nothing in this Release prevents or precludes you have received a disclosure from the Executive from challenging or seeking Company that includes a determination in good faith description of the validity class, unit or group of employees 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 those employees in the same job classification or organizational unit who were not selected for termination; (b) you have had at least forty-five (45) calendar days within which to consider this release before executing it (although you may choose to voluntarily execute this release earlier); (c) you are aware of the contents and significance of all the provisions of this waiver under Supplemental Agreement and knowingly and voluntarily agree to the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized terms of this Supplemental Agreement and intend to be legally bound by federal law. The Executive also understands that the Executive has a period of them; (d) you have seven (7) full calendar days after signing this Release within which to revoke his agreementthis Supplemental Agreement after it is executed by you, and agree that neither this Supplemental Agreement shall not become effective or enforceable until this seven-day revocation period has ended; (e) to revoke this Supplemental Agreement, you must notify the Company nor via email to xx@xxxxxxxxx.xxx and such notification must be received no later than 5:00 p.m. on the seventh day following the date you sign this Supplemental Agreement; (f) you have been advised in writing to have this Supplemental Agreement reviewed by counsel prior to signing it; and (g) rights or claims under the ADEA that may arise after the date this Supplemental Agreement is signed are not waived. You agree that any other person is obligated modifications, material or otherwise, made to make any payments this Supplemental Agreement do not restart or provide any other benefits to the Executive pursuant to the Agreement until eight (8) days have passed since the Executive’s signing of this Release without the Executive’s signature having been revoked other than any accrued obligations or other benefits payable pursuant to the terms of the Company’s normal payroll practices or employee benefit plans. In the event the Executive exercises this right of revocation, neither the Company nor the Executive will have any obligations under this Release. Finally, the Executive has not been forced or pressured affect in any manner whatsoever to sign the original 45-day consideration period provided in this Release, and the Executive agrees to all of its terms voluntarilySection.

ADEA Waiver. The Executive has read this Release carefully and expressly acknowledges and agrees that: (a) in return for this Release, the Executive will receive consideration beyond that which he or she was already entitled to receive before by entering into this Release; (b) the Executive was given a copy of this Release on [_______Agreement, 20__] and informed that he or she had at least 21 days to consider all of its terms and that if the Executive wished to execute this Release prior to expiration of such 21-day period, he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit B-1; (c) the Executive is hereby advised in writing by this Release to consult with any attorney and any other advisors of the Executive’s choice prior to executing this Release; (d) the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive may have to xxx or bring any other claims against the Released Parties, including waiving any and all rights and claims or Claims that the Executive he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this ReleaseRelease Agreement. Executive further expressly acknowledges and agrees that: [A] In return for this Release Agreement, Executive will receive consideration beyond that which Executive was already entitled to receive before entering into this Release Agreement; [B] Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement; [C] Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it; [D] Executive was given a copy of this Release Agreement on______, 20___ and informed that he had twenty one (e21) nothing days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement attached hereto; [E] Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises his right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement; [F] Nothing in this Release Agreement prevents or precludes the Executive 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 from doing so, unless specifically authorized by federal law. The Executive also understands that the Executive has a period of seven (7) days after signing this Release within which to revoke his agreement, and that neither the Company nor any other person is obligated to make any payments or provide any other benefits to the Executive pursuant to the Agreement until eight (8) days have passed since the Executive’s signing of this Release without the Executive’s signature having been revoked other than any accrued obligations or other benefits payable pursuant to the terms of the Company’s normal payroll practices or employee benefit plans. In the event the Executive exercises this right of revocation, neither the Company nor the Executive will have any obligations under this Release. Finally, the Executive has not been forced or pressured in any manner whatsoever to sign this Release, and the Executive agrees to all of its terms voluntarily.law.2

ADEA Waiver. The Executive Employee acknowledges that she is knowingly and voluntarily waiving and releasing any rights she may have under the ADEA (“ADEA Waiver”). Employee also acknowledges that the consideration given for the ADEA Waiver is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that she has read been advised by this Release carefully and expressly acknowledges and agrees writing, as required by the ADEA, that: (ai) in return for her ADEA Waiver does not apply to any rights or claims that arise after the date she signs this Release, the Executive will receive consideration beyond that which he or she was already entitled to receive before entering into this ReleaseAgreement; (bii) the Executive was given a copy of she should consult with an attorney prior to signing this Release on [_______, 20__] and informed that he or Agreement (although she had at least 21 may choose voluntarily not to do so); (iii) she has twenty-one (21) days to consider all of its terms and that if the Executive wished this Agreement (although she may choose to execute this Release prior to expiration of such 21-day period, he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit B-1voluntarily sign it sooner); (civ) the Executive is hereby advised in writing by this Release to consult with any attorney and any other advisors of the Executive’s choice prior to executing this Release; (d) the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive may have to xxx or bring any other claims against the Released Parties, including any and all rights and claims that the Executive may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this Release; and (e) nothing in this Release prevents or precludes the Executive 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 from doing so, unless specifically authorized by federal law. The Executive also understands that the Executive she has a period of seven (7) days following the date she signs this Agreement to revoke it, with such revocation to be effective only if she delivers 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 Employee signs this Agreement or, in the case of the Termination Date Affirmation, the eighth day after Employee signs this Affirmation (“Effective Date”). To revoke the Agreement, Employee must deliver a written statement of revocation to Exelixis, Inc., c/o Xxxxx Xxxxxxx, Executive Director, Human Resources, 000 X. Xxxxx Xxxxxx, X.X. Xxx 000, Xxxxx Xxx Xxxxxxxxx, XX 00000-0000, by hand delivery by no later than the close of business on the seventh day after signing this Release within which to revoke his agreement, and that neither the Company nor any other person is obligated to make any payments or provide any other benefits to the Executive pursuant to the Agreement until eight (8) days have passed since or by registered or certified mail postmarked within the Executiveseven-day revocation period, along with a faxed copy of Employee’s signing of this Release without revocation to 000-000-0000 within the Executive’s signature having been revoked other than any accrued obligations or other benefits payable pursuant to the terms of the Company’s normal payroll practices or employee benefit plans. In the event the Executive exercises this right of revocation, neither the Company nor the Executive will have any obligations under this Release. Finally, the Executive has not been forced or pressured in any manner whatsoever to sign this Release, and the Executive agrees to all of its terms voluntarilyseven-day revocation period.

ADEA Waiver. The Executive has read this Release carefully and expressly acknowledges and agrees that: (a) in return for this Release, the Executive will receive consideration beyond that which he or she was already entitled to receive before entering into this Release; (b) the Executive was given a copy of this Release on [_______December 13, 20__] 2023 and informed that he or she had at least 21 twenty-one (21) days to consider all of its terms and that if the Executive wished to execute this Release prior to the expiration of such twenty-one (21) day period he will have done so voluntarily and with full knowledge that he is waiving his right to have twenty-one (21) days to consider this Release, and that such twenty-one (21) day periodperiod to consider this Release would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Release in such twenty-one (21) day period after he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit B-1received it; (c) the Executive is hereby advised in writing by this Release to consult with any attorney and any other advisors of the Executive’s choice prior to executing this Release; (d) the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive may have to xxx sue or bring any other claims against the Released Parties, including any and all rights and claims that the Executive may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this Release; and (e) nothing in this Release prevents or precludes the Executive 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 from doing so, unless specifically authorized by federal law. The Executive also understands that the Executive has a period of seven (7) days after signing this Release within which to revoke his agreement, and that neither the Company nor any other person is obligated to make any payments or provide any other benefits to the Executive pursuant to the Agreement until eight (8) days have passed since the Executive’s signing of this Release without the Executive’s signature having been revoked other than any accrued obligations or other benefits payable pursuant to the terms of the Company’s normal payroll practices or employee benefit plans. In the event the Executive exercises this right of revocation, neither the Company nor the Executive will have any obligations under this Release. Finally, the Executive has not been forced or pressured in any manner whatsoever to sign this Release, and the Executive agrees to all of its terms voluntarily.

ADEA Waiver. The Executive has read this Release carefully Employee further expressly understands and expressly acknowledges and agrees that: (a) in return for this Release, pursuant to the Executive will receive consideration beyond that which he or she was already entitled to receive before entering into this Release; (b) the Executive was given a copy terms of this Release on [_______, 20__] and informed that he or she had at least 21 days to consider all of its terms and that if the Executive wished to execute this Release prior to expiration of such 21-day periodSeparation Agreement, he or she should execute the Acknowledgment is expressly waiving and Waiver attached hereto as Exhibit B-1; (c) the Executive is hereby advised in writing by this Release to consult with releasing any attorney and any other advisors of the Executive’s choice prior to executing this Release; (d) the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive rights he may have to xxx or bring any other claims against the Released Parties, including any and all rights and claims that the Executive may have arising under the Age Discrimination in Employment Act of 1967, as amended 1967 (“ADEA”), which have arisen on and that this waiver and release is knowing and voluntary. The Employee understands and agrees that this waiver and release does not apply to any rights or before claims that may arise under the ADEA after the date he executes this Separation Agreement. The Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which the Employee was already entitled. The Employee further understands and acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Separation Agreement; (b) he has twenty-one (21) days from the Separation Date within which to consider this Separation Agreement, by which time Solazyme must receive an executed copy; (c) he has seven (7) days following his execution of this ReleaseSeparation Agreement to revoke this Separation Agreement, and agrees that any such revocation must be in a writing by email or federal express received by Solazyme by midnight on the seventh day following the Employee’s execution of this Separation Agreement; (d) this Separation Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Release Separation Agreement prevents or precludes the Executive Employee 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 penalties, or costs from for doing so, unless specifically authorized by federal law. The Executive also understands that the Executive has a period of seven (7) days after signing this Release within which to revoke his agreement, and that neither the Company nor any other person is obligated to make any payments or provide any other benefits to the Executive pursuant to the Agreement until eight (8) days have passed since the Executive’s signing of this Release without the Executive’s signature having been revoked other than any accrued obligations or other benefits payable pursuant to the terms of the Company’s normal payroll practices or employee benefit plans. In the event the Executive exercises Employee signs this right of revocation, neither Separation Agreement and returns it to Solazyme in less than the Company nor 21-day period identified above (but in any event the Executive will have any obligations under Employee agrees not to execute or return this Release. FinallySeparation Agreement prior to his separation from employment with Solazyme), the Executive Employee hereby acknowledges that he has not been forced freely and voluntarily chosen to waive the time period allotted for considering this Separation Agreement. The Employee understands and agrees that he executed this Separation Agreement voluntarily, without any duress or pressured in undue influence on the part or behalf of Solazyme or any manner whatsoever to sign this Releasethird party, and with the Executive agrees to full intent of releasing all of its terms voluntarilyhis claims against the Releasees.

ADEA Waiver. The Executive has You acknowledge that Your waiver and release hereunder of any rights You may have under the Age Discrimination in Employment Act of 1967 (ADEA), as amended by the Older Workers Benefit Protection Act, is knowing and voluntary. You certify that You have read and understand the provisions of this Release carefully release of Claims. You and expressly acknowledges the Company agree that this waiver and agrees that: release does not apply to any rights or Claims that may arise under ADEA after the date this Separation Agreement is executed. You acknowledge that the severance benefits provided in this Separation Agreement are specifically linked to Your ADEA Claim release and that You would not receive the same benefits absent Your agreement to provide such a release. You acknowledge that You have been advised by this writing, as required by the Older Workers Benefit Protection Act, that (a) in return for You should consult with an attorney prior to executing this Release, the Executive will receive consideration beyond that which he or she was already entitled to receive before entering into this ReleaseSeparation Agreement; (b) You have twenty-one (21) days to consider this Separation Agreement (although You may, by Your own choice, execute this Separation Agreement earlier); (c) You have seven (7) days following the Executive was given a copy execution of this Release on [Separation Agreement by You to revoke the Separation Agreement; and (d) this Separation Agreement shall not be effective until the date upon which this revocation period has expired. If You wish to revoke the Separation Agreement, You must send written notice of Your revocation to the attention of_________, 20__] and informed that he or she had at least 21 days to consider all of its terms and that if the Executive wished to execute this Release prior to expiration of such 21-day period, he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit B-1; (c) the Executive is hereby advised in writing by this Release to consult with any attorney and any other advisors of the Executive’s choice prior to executing this Release; (d) the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive may have to xxx or bring any other claims against the Released Parties, including any and all rights and claims that the Executive may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this Release; and (e) nothing in this Release prevents or precludes the Executive 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 from doing so, unless specifically authorized by federal law. The Executive also understands that the Executive has a period of be received within seven (7) days after signing following Your signature on this Release within which Separation Agreement. Separation Agreement Exhibit A The only Claims excluded from this release are (a) Claims relating to revoke his agreement, and that neither the Company nor any other person is obligated to make any payments breach or provide any other benefits to the Executive pursuant to the Agreement until eight (8) days have passed since the Executive’s signing enforceability of this Release without Separation Agreement, (b) Claims for indemnity under the Executive’s signature having been revoked other than Company's Bylaws or Certificate of Incorporation as provided for by Delaware law or under any accrued obligations applicable insurance policy with respect to Your liability as an employee or other benefits payable pursuant to the terms officer of the Company’s normal payroll practices or employee benefit plans. In the event the Executive exercises this right of revocation, neither the Company nor the Executive will have any obligations (c) Claims that cannot be released under this Release. Finally, the Executive has not been forced or pressured in any manner whatsoever to sign this Releaseapplicable law, and (d) Your right to file a complaint, charge or other action with a governmental agency. With regard to governmental agency complaints, however. You understand and agree that You are expressly waiving any right to obtain monetary damages or any other relief that provides personal benefit resulting from the Executive agrees agency Claim. This waiver and release is effective to all of its terms voluntarilythe full extent the law permits You to release Your individual claims. It does not affect reimbursement rights You may currently possess under any health insurance coverage or accrued rights You may have under any retirement or welfare plan after termination.

ADEA Waiver. The Executive has read this Release carefully You acknowledge that Your waiver and expressly acknowledges and agrees that: (a) in return for this Release, the Executive will receive consideration beyond that which he or she was already entitled to receive before entering into this Release; (b) the Executive was given a copy release hereunder of this Release on [_______, 20__] and informed that he or she had at least 21 days to consider all of its terms and that if the Executive wished to execute this Release prior to expiration of such 21-day period, he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit B-1; (c) the Executive is hereby advised in writing by this Release to consult with any attorney and any other advisors of the Executive’s choice prior to executing this Release; (d) the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive rights You may have to xxx or bring any other claims against the Released Parties, including any and all rights and claims that the Executive may have arising under the Age Discrimination in Employment Act of 19671967 (ADEA), as amended (“ADEA”)by the Older Workers Benefit Protection Act, which is knowing and voluntary. You certify that You have arisen on read and understand the provisions of this release of claims. You and the Company agree that this waiver and release does not apply to any rights or before claims that may arise under ADEA after the date of execution of this Release; and (e) nothing Separation Agreement is executed. You acknowledge that the severance benefits provided in this Release prevents or precludes Separation Agreement are specifically linked to Your ADEA claim release and that You would not receive the Executive from challenging or seeking same benefits absent Your agreement to provide such a determination in good faith of release. You acknowledge that You have been advised by this writing, as required by the validity of Separation Agreement Exhibit A Older Workers Benefit Protection Act, that (a) You should consult with an attorney prior to executing this waiver under the ADEASeparation Agreement; (b) You have twenty-one (21) days to consider this Separation Agreement (although You may, nor does it impose any condition precedentby Your own choice, penalties or costs from doing so, unless specifically authorized by federal law. The Executive also understands that the Executive has a period of execute this Separation Agreement earlier); (c) You have seven (7) days after signing following the execution of this Release within which Separation Agreement by You to revoke his agreementthe Separation Agreement; and (d) this Separation Agreement shall not be effective until the date upon which this revocation period has expired. If You wish to revoke the Separation Agreement, You must send written notice of Your revocation to the attention of , to be received within seven (7) days following Your signature on this Separation Agreement. The only Claims excluded from this release are claims relating to breach or enforceability of this Separation Agreement and Your right to file a complaint, charge or other action with a governmental agency. With regard to governmental agency complaints, however, You understand and agree that neither the Company nor You are expressly waiving any right to obtain monetary damages or any other person relief that provides personal benefit resulting from the agency claim. This waiver and release is obligated to make any payments or provide any other benefits effective to the Executive pursuant full extent the law permits You to the Agreement until eight (8) days release Your individual claims. It does not affect reimbursement rights You may currently possess under any health insurance coverage or accrued rights You may have passed since the Executive’s signing of this Release without the Executive’s signature having been revoked other than under any accrued obligations or other benefits payable pursuant to the terms of the Company’s normal payroll practices or employee benefit plans. In the event the Executive exercises this right of revocation, neither the Company nor the Executive will have any obligations under this Release. Finally, the Executive has not been forced or pressured in any manner whatsoever to sign this Release, and the Executive agrees to all of its terms voluntarilyretirement plan after termination.

ADEA Waiver. The Executive has read I acknowledge that I am knowingly and voluntarily waiving and releasing any rights I may have under the ADEA (the “ADEA Waiver”), and that the consideration given for this Release carefully and expressly acknowledges and agrees ADEA Waiver is in addition to anything of value to which I am already entitled. I further acknowledge that I have been advised, as required by the ADEA, that: (a) in return for my ADEA Waiver does not apply to any rights or claims that may arise after the date that I sign this Release, the Executive will receive consideration beyond that which he or she was already entitled to receive before entering into this Additional General Release; (b) the Executive was given a copy of this Release on [_______, 20__] and informed that he or she had at least 21 days to consider all of its terms and that if the Executive wished to execute this Release I should consult with an attorney prior to expiration of such 21-day period, he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit B-1signing this Additional General Release; (c) the Executive is hereby advised in writing by I have twenty-one (21) calendar days to consider this Additional General Release (although I may choose voluntarily to consult with any attorney and any other advisors of the Executive’s choice prior to executing this Releasesign it earlier); (d) the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive may I have to xxx or bring any other claims against the Released Parties, including any and all rights and claims that the Executive may have arising under the Age Discrimination in Employment Act of 1967, as amended seven (“ADEA”), which have arisen on or before 7) calendar days following the date I sign this Additional General Release to revoke my acceptance (by providing written notice of execution of this Releasemy revocation to the Company’s Chief Executive Officer); and (e) nothing this Additional General Release will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth calendar day after the date that this Additional General Release is signed by me provided that I do not revoke it. Waiver of Unknown Claims. I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. In giving the releases set forth in this Release prevents or precludes the Executive from challenging or seeking a determination in good faith Additional General Release, which include claims which may be unknown to me at present, I acknowledge that I have read and understand Section 1542 of the validity of this waiver under the ADEA, nor California Civil Code which reads as follows: “A general release does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal law. The Executive also understands not extend to claims that the Executive has a period creditor or releasing party does not know or suspect to exist in his or her favor at the time of seven (7) days after signing this Release within which executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” I hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to revoke his agreementmy release of claims herein, and that neither the Company nor any other person is obligated to make any payments or provide any other benefits including but not limited to the Executive pursuant to the Agreement until eight (8) days have passed since the Executive’s signing release of this Release without the Executive’s signature having been revoked other than any accrued obligations or other benefits payable pursuant to the terms of the Company’s normal payroll practices or employee benefit plans. In the event the Executive exercises this right of revocation, neither the Company nor the Executive will have any obligations under this Release. Finally, the Executive has not been forced or pressured in any manner whatsoever to sign this Release, unknown and the Executive agrees to all of its terms voluntarilyunsuspected claims.

ADEA Waiver. The Executive has read this Release carefully Employee further expressly understands and expressly acknowledges that Employee is waiving and agrees that: (a) in return for this Release, the Executive will receive consideration beyond that which he or she was already entitled to receive before entering into this Release; (b) the Executive was given a copy of this Release on [_______, 20__] and informed that he or she had at least 21 days to consider all of its terms and that if the Executive wished to execute this Release prior to expiration of such 21-day period, he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit B-1; (c) the Executive is hereby advised in writing by this Release to consult with releasing any attorney and any other advisors of the Executive’s choice prior to executing this Release; (d) the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive rights Employee may have to xxx or bring any other claims against the Released Parties, including any and all rights and claims that the Executive may have arising under the Age Discrimination in Employment Act of 1967, as amended 1967 (“ADEA”), which have arisen on and that this waiver and release is knowing and voluntary. Employee understands and agrees that this waiver and release does not apply to any rights or before claims that may arise under the ADEA after the date Employee executes this Supplemental Release. Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further understands and acknowledges that Employee has been advised by this writing that: (a) Employee should consult with an attorney prior to executing this Supplemental Release; (b) Employee has twenty-one (21) days within which to consider this Supplemental Release, by which time the Company must receive an executed copy; (c) Employee has seven (7) days following Employee’s execution of this Supplemental Release to revoke this Supplemental Release, and agrees that any such revocation must be in a writing by email or Federal Express received by Xxxxxxx XxXxx by midnight on the seventh (7th) day following Employee’s execution of this Supplemental Release; (d) this Supplemental Release shall not be effective until after the revocation period has expired; and (e) nothing in this Supplemental Release prevents or precludes the Executive Employee 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 penalties, or costs from for doing so, unless specifically authorized by federal law. The Executive also understands that the Executive has a period of seven (7) days after signing this Release within which to revoke his agreement, and that neither the Company nor any other person is obligated to make any payments or provide any other benefits to the Executive pursuant to the Agreement until eight (8) days have passed since the Executive’s signing of this Release without the Executive’s signature having been revoked other than any accrued obligations or other benefits payable pursuant to the terms of the Company’s normal payroll practices or employee benefit plans. In the event the Executive exercises Employee signs this right of revocation, neither Supplemental Release and returns it to the Company nor in less than the Executive will have any obligations under twenty-one (21)-day period identified above, Employee hereby acknowledges that Employee has freely and voluntarily chosen to waive the time period allotted for considering this Supplemental Release. FinallyEmployee understands and agrees that Employee executed this Supplemental Release voluntarily, without any duress or undue influence on the Executive has not been forced part or pressured in behalf of the Company or any manner whatsoever to sign this Releasethird party, and with the Executive agrees to full intent of releasing all of its terms voluntarilyEmployee’s claims against the Releasees.

ADEA Waiver. The Executive Employee acknowledges that he is knowingly and voluntarily waiving and releasing any rights he may have under the ADEA, as amended. Employee also acknowledges that the consideration given for the waiver and release herein is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has read been advised by this Release carefully and expressly acknowledges and agrees writing, as required by the ADEA, that: (a) in return for Employee’s waiver and release does not apply to any rights or claims that may arise after the execution date of this Release, the Executive will receive consideration beyond that which he or she was already entitled to receive before entering into this ReleaseAgreement; (b) Employee has been advised to and had the Executive was given a copy of opportunity to seek advice from an attorney regarding this Release on [_______, 20__] and informed that he or she had at least 21 days to consider all of its terms and that if the Executive wished to execute this Release Agreement prior to expiration of such 21-day period, he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit B-1signing it; (c) Employee has up to twenty-one (21) days from the Executive is hereby advised in writing by date of receiving this Release Agreement to consult with any attorney and any other advisors of the Executive’s choice prior execute this Agreement (although Employee may choose to executing voluntarily execute this ReleaseAgreement earlier); (d) the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive may have to xxx or bring any other claims against the Released Parties, including any and all rights and claims that the Executive may have arising under the Age Discrimination in Employment Act of 1967, as amended Employee has seven (“ADEA”), which have arisen on or before the date of 7) days following his execution of this ReleaseAgreement to revoke the Agreement (“Revocation Period”); and (e) nothing in this Release prevents Agreement will not be effective or precludes enforceable until after the Executive from challenging or seeking a determination in good faith delivery of the validity Agreement to the Company and the Revocation Period has expired, and (f) this Agreement does not affect Employee’s ability to test the knowing and voluntary nature of this waiver under Agreement. For any revocation to be effective it must be delivered by hand or overnight courier before midnight on the ADEAseventh day to the Company at 0000 Xx Xxxxx Xxxxx, nor does it impose any condition precedentXxxxxxxx XX, penalties or costs from doing so00000 Attention: Xxxxxxxx Xxxxxxxx, unless specifically authorized by federal lawSVP Human Resources. The Executive also understands that Separation Benefits and other consideration under this Agreement will be provided following the Executive has a period of seven (7) days after signing this Release within which to revoke his agreement, and that neither the Company nor any other person is obligated to make any payments or provide any other benefits to the Executive pursuant to the Agreement until eight (8) days have passed since the Executive’s signing of this Release without the Executive’s signature having been revoked other than any accrued obligations or other benefits payable pursuant to the terms expiration of the Company’s normal payroll practices or employee benefit plans. In the event the Executive exercises Revocation Period and only if Employee does not revoke this right of revocation, neither the Company nor the Executive will have any obligations under this Release. Finally, the Executive has not been forced or pressured in any manner whatsoever to sign this Release, and the Executive agrees to all of its terms voluntarilyAgreement.

ADEA Waiver. The Executive has read this Release carefully You acknowledge that Your waiver and expressly acknowledges and agrees that: (a) in return for this Release, the Executive will receive consideration beyond that which he or she was already entitled to receive before entering into this Release; (b) the Executive was given a copy release hereunder of this Release on [_______, 20__] and informed that he or she had at least 21 days to consider all of its terms and that if the Executive wished to execute this Release prior to expiration of such 21-day period, he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit B-1; (c) the Executive is hereby advised in writing by this Release to consult with any attorney and any other advisors of the Executive’s choice prior to executing this Release; (d) the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive rights You may have to xxx or bring any other claims against the Released Parties, including any and all rights and claims that the Executive may have arising under the Age Discrimination in Employment Act of 19671967 (ADEA), as amended (“ADEA”)by the Older Workers Benefit Protection Act, which is knowing and voluntary. You certify that You have arisen on read and understand the provisions of this release of Claims. You and the Company agree that this waiver and release does not apply to any rights or before Claims that may arise under ADEA after the date of execution of this Release; and (e) nothing Separation Agreement is executed. You acknowledge that the severance benefits provided in this Release prevents or precludes Separation Agreement are specifically linked to Your ADEA Claim release and that You would not receive the Executive from challenging or seeking same benefits absent Your agreement to provide such a determination in good faith of release. You acknowledge that You have been advised by this writing, as required by the validity of Older Workers Benefit Protection Ac that (a) You should consult with an attorney prior to executing this waiver under the ADEASeparation Agreement; (b) You have twenty-one (21) days to consider this Separation Agreement (although You may, nor does it impose any condition precedentby Your own choice, penalties or costs from doing so, unless specifically authorized by federal law. The Executive also understands that the Executive has a period of execute this Separation Agreement earlier); (c) You have seven (7) days after signing following the execution of this Release within which Separation Agreement by You to revoke his agreementthe Separation Agreement; and (d) this Separation Agreement shall not be effective until the Effective Date . If You wish to revoke the Separation Agreement, and that neither You must send written notice of Your revocation to the attention of Xxxxxxx Xxxxxx or, if he is not employed by the Company nor any other person is obligated at the time, the individual in his position at the time, to make any payments be received within seven (7) days following Your signature on this Separation Agreement. You agree with the Company that changes, whether material or provide any other benefits immaterial, do not restart the running of the 21 day consideration period. The only Claims excluded from this release are (a) Claims relating to the Executive pursuant to the Agreement until eight (8) days have passed since the Executive’s signing breach or enforceability of this Release without Separation Agreement, (b) Claims for indemnity under the ExecutiveCompany’s signature having been revoked other than Bylaws or Certificate of Incorporation as provided for by Delaware law or under any accrued obligations applicable insurance policy with respect to Your liability as an employee or other benefits payable pursuant to the terms officer of the Company’s normal payroll practices or employee benefit plans. In the event the Executive exercises this right of revocation, neither the Company nor the Executive will have any obligations (c) Claims that cannot be released under this Release. Finally, the Executive has not been forced or pressured in any manner whatsoever to sign this Releaseapplicable law, and (d) Your right to file a complaint, charge or other action with a governmental agency. With regard to governmental agency complaints, however, You understand and agree that unless prohibited by law, You are expressly waiving any right to obtain monetary damages or any other relief that provides personal benefit resulting from the Executive agrees agency Claim. Notwithstanding the foregoing, nothing herein shall prevent You from receiving an award pursuant to all any state or federal statute regarding whistleblowing, including but not limited to Section 21F of its terms voluntarilythe Securities Exchange Act of 1934 and Section 806 of the Xxxxxxxx-Xxxxx Act of 2002. This waiver and release is effective to the full extent the law permits You to release Your individual claims. It does not affect reimbursement rights You may currently possess under any health insurance coverage or accrued rights You may have under any retirement or welfare plan after termination.

ADEA Waiver. The Executive has read this Release carefully acknowledges that his waiver and expressly acknowledges and agrees that: (a) in return for this Release, the Executive will receive consideration beyond that which release hereunder of any rights he or she was already entitled to receive before entering into this Release; (b) the Executive was given a copy of this Release on [_______, 20__] and informed that he or she had at least 21 days to consider all of its terms and that if the Executive wished to execute this Release prior to expiration of such 21-day period, he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit B-1; (c) the Executive is hereby advised in writing by this Release to consult with any attorney and any other advisors of the Executive’s choice prior to executing this Release; (d) the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive may have to xxx or bring any other claims against the Released Parties, including any and all rights and claims that the Executive may have arising under the Age Discrimination in Employment Act of 19671967 (ADEA), as amended by the Older Workers Benefit Protection Act, is knowing and voluntary. He certifies that he has read, has received an explanation of, and understands the provisions of this release of claims. The parties agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the date this Agreement is executed. Executive acknowledges that he has been advised by this writing, as required by the Older Workers Benefit Protection Act, that (“ADEA”a) he should consult with an attorney prior to executing this Agreement; (b) he has twenty-one (21) days to consider this Agreement (although he may, by his own choice, execute this Agreement earlier); (c) he has seven (7) days following the execution of this Agreement by him to revoke the Agreement; and (d) this Agreement shall not be effective until the Effective Date (which is after the revocation period has expired). The foregoing release does not apply to claims relating to breach or enforceability of this Agreement and Release, Executive’s right to file a complaint with a governmental agency, or claims arising after the execution of this Agreement and Release. However, with respect to agency complaints, Executive understands and agrees that he is expressly waiving any right to obtain monetary damages or any other relief that provides personal benefit resulting from the agency claim. This waiver and release is effective to the full extent the law permits him to release his individual claims. It does not affect accrued reimbursement rights he may currently possess under any health insurance coverage or accrued rights he may have under any retirement plan after termination. Through this release Executive is fully, finally, and for all times settling and releasing all disputes and differences within the scope of matters known or unknown, suspected or unsuspected, which now exist, or may have arisen existed between Executive, the Company and/or Associated Persons, on or before the date of execution this Agreement and Release. In furtherance of this Release; intention, this release shall be and (e) nothing remain in this Release prevents effect as a full and complete release of claims arising on or precludes before the Executive from challenging or seeking a determination in good faith of the validity date of this waiver under Agreement and Release notwithstanding the ADEA, nor does it impose discovery or existence of any condition precedent, penalties such additional or costs from doing so, unless specifically authorized by federal lawdifferent Claim or fact. The provisions of any law, regulation, statue or ordinance providing in substance that releases shall not extend to Claims, damages or injuries which are unknown or unsuspected to exist at the time the person executes the release are hereby expressly waived by Executive. This Agreement and Release is not intended to and does not release or reduce any indemnification rights possessed by Executive also understands that the or any rights to insurance coverage afforded to Executive has by virtue of his service as a period of seven (7) days after signing this Release within which to revoke his agreement, and that neither the Company nor any other person is obligated to make any payments or provide any other benefits to the Executive pursuant to the Agreement until eight (8) days have passed since the Executive’s signing of this Release without the Executive’s signature having been revoked other than any accrued obligations or other benefits payable pursuant to the terms director and/or officer of the Company’s normal payroll practices or employee benefit plans. In the event the Executive exercises this right of revocation, neither the Company nor the Executive will have any obligations under this Release. Finally, the Executive has not been forced or pressured in any manner whatsoever to sign this Release, and the Executive agrees to all of its terms voluntarily.

ADEA Waiver. The Executive has read this Release carefully and expressly acknowledges and agrees that: (a) in return In exchange for this Releasethe Accelerated Vesting, the Executive will receive Extended Exercise Period, and all other consideration beyond that which he provided to you by the Company under this Agreement, other than the Severance Benefits and COBRA Premium payments (or she was already entitled to receive before entering into this Release; Alternative Cash Payments) (b) collectively, the Executive was given a copy of this Release on [_______“ADEA Waiver Consideration”), 20__] and informed that he or she had at least 21 days to consider all of its terms and that if the Executive wished to execute this Release prior to expiration of such 21-day period, he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit B-1; (c) the Executive is you hereby advised in writing by this Release to consult with any attorney and any other advisors of the Executive’s choice prior to executing this Release; (d) the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive may have to xxx or bring any other claims against release the Released PartiesParties of and from, including any and all rights claims, liabilities, demands, causes of action, costs, expenses, attorneys’ fees, damages, indemnities and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to any claims that the Executive may have arising you could assert under the Age Discrimination in Employment Act of 1967, as amended ADEA (the “ADEAADEA Waiver”), which . You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you have arisen on or before the date of execution of this Release; and (e) nothing in this Release prevents or precludes the Executive 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 from doing so, unless specifically authorized by federal law. The Executive also understands that the Executive has a period ADEA Waiver Consideration is being given in consideration for the ADEA Waiver, and that such consideration is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised, as required by the ADEA, that: (i) the 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 (although you may choose voluntarily not to do so); (iii) you have twenty-one (21) days to consider this Agreement (although you may choose voluntarily to sign it earlier); (iv) you have seven (7) days after signing following the date you sign this Release within which Agreement to revoke his agreement, and that neither the Company nor any other person is obligated ADEA Waiver (in a written revocation provided to make any payments or provide any other benefits to the Executive pursuant to the Agreement until eight (8) days have passed since the Executive’s signing of this Release without the Executive’s signature having been revoked other than any accrued obligations or other benefits payable pursuant to the terms of the Company’s normal payroll practices CEO); and (v) 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 Agreement, provided that you have not timely revoked it (the “ADEA Waiver Effective Date”). You acknowledge and agree that, in the event you revoke the ADEA Waiver, you will not be entitled to the ADEA Waiver Consideration; and such revocation will not affect the validity or employee benefit planseffectiveness of the general release that you are granting in Sections 15(a)-15(c) hereof, nor shall it invalidate your entitlement to the separate consideration expressly attributed thereto in this Agreement. In the event the Executive exercises granting this right ADEA Waiver, you hereby covenant not to file any lawsuits, administrative proceedings, charges or other claims arising out of revocation, neither the Company nor the Executive will have any obligations under this Release. Finally, the Executive has not been forced or pressured in any manner whatsoever way related to sign this Release, and any claims you could have otherwise asserted under the Executive agrees to all of its terms voluntarilyADEA.

ADEA Waiver. The Executive has read this Release carefully Employee acknowledges that Employee is waiving and expressly acknowledges and agrees that: (a) in return for this Release, the Executive will receive consideration beyond that which he or she was already entitled to receive before entering into this Release; (b) the Executive was given a copy of this Release on [_______, 20__] and informed that he or she had at least 21 days to consider all of its terms and that if the Executive wished to execute this Release prior to expiration of such 21-day period, he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit B-1; (c) the Executive is hereby advised in writing by this Release to consult with releasing any attorney and any other advisors of the Executive’s choice prior to executing this Release; (d) the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive rights Employee may have to xxx or bring any other claims against the Released Parties, including any and all rights and claims that the Executive may have arising under the Age Discrimination in Employment Act of 1967, as amended 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Employee agrees 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. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which have arisen on or before Employee was already entitled. Employee further acknowledges that Employee has been advised by this writing that: (a) Employee should consult with an attorney prior to executing this Agreement; (b) Employee has twenty-one (21) days from the date of Separation Date (as defined in the Separation Agreement) within which to consider this Agreement; (c) Employee has seven (7) days following Employee’s execution of this ReleaseAgreement to revoke this Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Release Agreement prevents or precludes the Executive Employee 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 penalties, or costs from for doing so, unless specifically authorized by federal law. The Executive also In the event Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that Employee has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Employee acknowledges and understands that the Executive has revocation must be accomplished by a period of seven (7) days after signing this Release within which to revoke his agreement, and that neither the Company nor any other person is obligated to make any payments or provide any other benefits written notification to the Executive pursuant to the person executing this Agreement until eight (8) days have passed since the Executive’s signing of this Release without the Executive’s signature having been revoked other than any accrued obligations or other benefits payable pursuant to the terms of on the Company’s normal payroll practices behalf that is received prior to the Effective Date. The parties agree that changes, whether material or employee benefit plans. In immaterial, do not restart the event running of the Executive exercises this right of revocation, neither the Company nor the Executive will have any obligations under this Release. Finally, the Executive has not been forced or pressured in any manner whatsoever to sign this Release, and the Executive agrees to all of its terms voluntarily21-day period.

ADEA Waiver. The Executive has read this Release carefully and expressly acknowledges and agrees that: (a) in return for this Release, the Executive will receive consideration beyond that which he or she was already entitled to receive before by entering into this Release; (b) the Executive was given a copy of this Release on [_______, 20__] and informed that he or she had at least 21 days to consider all of its terms and that if the Executive wished to execute this Release prior to expiration of such 21-day periodAgreement, he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit B-1; (c) the Executive is hereby advised in writing by this Release to consult with any attorney and any other advisors of the Executive’s choice prior to executing this Release; (d) the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive may have to xxx or bring any other claims against the Released Parties, including waiving any and all rights and or claims that the Executive he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), and that this waiver and release is knowing and voluntary. Executive and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this Agreement. Executive further expressly acknowledges and agrees that: In return for this Agreement, he will receive consideration beyond that which he was already entitled to receive before executing this Agreement; He is hereby advised in writing by this Agreement to consult with an attorney before signing this Agreement; He was given a copy of this Agreement on ___________, and informed that he had twenty-one (21) days within which to consider this Agreement and that if he wished to execute this Agreement prior to the expiration of such 21-day period he will have arisen done so voluntarily and with full knowledge that he is waiving his right to have 21 days to consider this Agreement; and that such 21-day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or before immaterial, that are or were made to this Agreement in such 21-day period after he received it; He was informed that he had seven (7) days following the date of execution of this Release; Agreement in which to revoke this Agreement, and this Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (e) nothing attention: XXXXXXX), [address], so that it is received within the 7-day period following execution of this Agreement by Executive. Nothing in this Release Agreement prevents or precludes the Executive 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 from for doing so, unless specifically authorized by federal law. The Executive also understands that the Executive has a period of seven (7) days after signing this Release within which to revoke his agreement, and that neither the Company nor any other person is obligated to make any payments or provide any other benefits to the Executive pursuant to the Agreement until eight (8) days have passed since the Executive’s signing of this Release without the Executive’s signature having been revoked other than any accrued obligations or other benefits payable pursuant to the terms of the Company’s normal payroll practices or employee benefit plans. In the event the Executive exercises this right of revocation, neither the Company nor the Executive will have any obligations under this Release. Finally, the Executive has not been forced or pressured in any manner whatsoever to sign this Release, and the Executive agrees to all of its terms voluntarily.

ADEA Waiver. The Executive Employee acknowledges that she is knowingly and voluntarily waiving and releasing any rights she may have under the ADEA (“ADEA Waiver”). Employee also acknowledges that the consideration given for the ADEA Waiver is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that she has read been advised by this Release carefully and expressly acknowledges and agrees writing, as required by the ADEA, that: (ai) in return for her ADEA Waiver does not apply to any rights or claims that arise after the date she signs this Release, the Executive will receive consideration beyond that which he or she was already entitled to receive before entering into this ReleaseAgreement; (bii) the Executive was given a copy of she should consult with an attorney prior to signing this Release on [_______, 20__] and informed that he or Agreement (although she had at least 21 may choose voluntarily not to do so); (iii) she has twenty-one (21) days to consider all of its terms and that if the Executive wished this Agreement (although she may choose to execute this Release prior to expiration of such 21-day period, he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit B-1voluntarily sign it sooner); (civ) the Executive is hereby advised in writing by this Release to consult with any attorney and any other advisors of the Executive’s choice prior to executing this Release; (d) the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive may have to xxx or bring any other claims against the Released Parties, including any and all rights and claims that the Executive may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this Release; and (e) nothing in this Release prevents or precludes the Executive 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 from doing so, unless specifically authorized by federal law. The Executive also understands that the Executive she has a period of seven (7) days following the date she signs this Agreement to revoke it, with such revocation to be effective only if she delivers 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 Employee signs this Agreement or, in the case of the Separation Date Affirmation, the eighth day after Employee signs this Affirmation (“Effective Date”). To revoke the Agreement, Employee must deliver a written statement of revocation to Exelixis, Inc., c/o Xxxxx Xxxxxxx, Executive Director, Human Resources, 000 X. Xxxxx Xxxxxx, X.X. Xxx 000, Xxxxx Xxx Xxxxxxxxx, XX 00000-0000, by hand delivery by no later than the close of business on the seventh day after signing this Release within which to revoke his agreement, and that neither the Company nor any other person is obligated to make any payments or provide any other benefits to the Executive pursuant to the Agreement until eight (8) days have passed since or by registered or certified mail postmarked within the Executiveseven-day revocation period, along with a faxed copy of Employee’s signing of this Release without revocation to 000-000-0000 within the Executive’s signature having been revoked other than any accrued obligations or other benefits payable pursuant to the terms of the Company’s normal payroll practices or employee benefit plans. In the event the Executive exercises this right of revocation, neither the Company nor the Executive will have any obligations under this Release. Finally, the Executive has not been forced or pressured in any manner whatsoever to sign this Release, and the Executive agrees to all of its terms voluntarilyseven-day revocation period.

ADEA Waiver. The Executive has read this Release carefully and expressly acknowledges and agrees that: (a) in return for this Release, the Executive will receive consideration beyond that which he or she was already entitled to receive before entering into this Release; (b) the Executive was given a copy of this Release on [_______[ , 20__20 ] and informed that he or she had at least 21 twenty-one (21) days to consider all of its terms and that if the Executive wished to execute this Release prior to the expiration of such twenty-one (21) day period he will have done so voluntarily and with full knowledge that he is waiving his right to have twenty-one (21) days to consider this Release, and that such twenty-one (21) day periodperiod to consider this Release would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Release in such twenty-one (21) day period after he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit B-1received it; (c) the Executive is hereby advised in writing by this Release to consult with any attorney and any other advisors of the Executive’s choice prior to executing this Release; (d) the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive may have to xxx or bring any other claims against the Released Parties, including any and all rights and claims that the Executive may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this Release; and (e) nothing in this Release prevents or precludes the Executive 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 from doing so, unless specifically authorized by federal law. The Executive also understands that the Executive has a period of seven (7) days after signing this Release within which to revoke his agreement, and that neither the Company nor any other person is obligated to make any payments or provide any other benefits to the Executive pursuant to the Agreement until eight (8) days have passed since the Executive’s signing of this Release without the Executive’s signature having been revoked other than any accrued obligations or other benefits payable pursuant to the terms of the Company’s normal payroll practices or employee benefit plans. In the event the Executive exercises this right of revocation, neither the Company nor the Executive will have any obligations under this Release. Finally, the Executive has not been forced or pressured in any manner whatsoever to sign this Release, and the Executive agrees to all of its terms voluntarily.

ADEA Waiver. The Executive Employee acknowledges that he has carefully read and fully understands the provisions of this Release carefully paragraph. Employee understands and expressly acknowledges and agrees that: (a) in return for this Release, the Executive will receive consideration beyond that which he or she was already entitled to receive before entering into this Release; (b) the Executive was given preceding paragraph includes a copy voluntary waiver of this Release on [_______, 20__] and informed that he or she had at least 21 days to consider all of its terms and that if the Executive wished to execute this Release prior to expiration of such 21-day period, he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit B-1; (c) the Executive is hereby advised in writing by this Release to consult with any attorney and any other advisors of the Executive’s choice prior to executing this Release; (d) the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive may have to xxx or bring any other claims against the Released Parties, including any and all rights and claims that the Executive Employee has or may have against the ARTISTdirect and/or the other persons and entities released herein arising under the federal Age Discrimination in Employment Act of 1967, as amended 29 U.S.C. Section 621, et seq. (“ADEA”"ADEA Claims"); (b) Employee has waived any and all ADEA Claims pursuant to this Agreement and in exchange for consideration, the value of which have arisen on exceeds the payments or before remuneration to which Employee was already entitled; (c) Employee has been, and is hereby, advised to consult with an attorney concerning this paragraph prior to executing this Agreement, and Employee has retained an attorney to provide him with legal advice concerning this Agreement; (d) Employee has been, and is hereby, informed that he has a period of at least twenty-one (21) days to consider the terms of this Agreement from the date of execution of on which the ARTISTdirect delivers the Agreement to him and if he executes this ReleaseAgreement prior to that time he expressly and voluntarily waives the foregoing twenty-one (21) day period; and (e) nothing in Employee may revoke this Release prevents or precludes paragraph and the Executive from challenging or seeking a determination in good faith release of ADEA Claims under this Agreement at any time during the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal law. The Executive also understands that the Executive has a period of seven (7) days after signing this Release within which to revoke his agreement, and that neither following the Company nor any other person is obligated to make any payments or provide any other benefits to the Executive pursuant to the Agreement until eight (8) days have passed since the Executive’s signing date of Employee's execution of this Release without the Executive’s signature having been revoked other than any accrued obligations or other benefits payable pursuant to the terms of the Company’s normal payroll practices or employee benefit plans. In the event the Executive exercises this right of revocation, neither the Company nor the Executive will have any obligations under this Release. Finally, the Executive has not been forced or pressured in any manner whatsoever to sign this ReleaseAgreement, and the Executive agrees release of ADEA Claims under this Agreement shall not become effective or enforceable until such revocation period leave has expired. To revoke this paragraph and the release of ADEA Claims, Employee must deliver a written notice of revocation to all of its terms voluntarilyXxxx X. Xxxxx, Esq., Xxxxxx, Xxxxxxx & Xxxxx LLP, 0000 Xxxxxxx Xxxxxx, Suite 1100, Los Angeles, CA 90024, within the seven (7) day revocation period.

ADEA Waiver. The Executive has read You acknowledge that you are knowingly and voluntarily waiving and releasing any rights or claims you may have under the ADEA. You also acknowledge that the consideration given for your 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 Release carefully and expressly acknowledges and agrees writing, as required by the ADEA, that: (a) in return for your waiver and release do not apply to any rights or claims that may arise after the execution date of this Release, the Executive will receive consideration beyond that which he or she was already entitled to receive before entering into this General Release; (b) the Executive was given a copy of this Release on [_______, 20__] and informed that he or she had at least 21 days you have been advised hereby to consider all of its terms and that if the Executive wished to execute this Release consult with an attorney prior to expiration of such 21-day period, he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit B-1executing this General Release; (c) you have twenty-one (21) days to consider this General Release (or, in the Executive event that the termination of your employment is hereby advised in writing by connection with an exit incentive or other employment termination program, forty-five (45) days to consider this General Release) (although you may choose to voluntarily execute this General Release earlier, if you execute this General Release voluntarily and after having had the opportunity to consult with any attorney and any other advisors of the Executive’s choice prior to executing this Releasean attorney); (d) in the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive may have to xxx or bring any other claims against the Released Parties, including any and all rights and claims event that the Executive may termination of your employment is in connection with an exit incentive or other employment termination program, you have arising under been provided with written information, calculated to be understood by the Age Discrimination in Employment Act of 1967average individual eligible to participate, as amended to: (“ADEA”)i) any class, which have arisen on unit, or before the date group of execution of this Releaseindividuals covered by such program, any eligibility factors for such program, and any time limits applicable to such programs; and (ii) the job titles and ages of all individuals eligible or selected for the program, and the ages of all individuals in the same job classification or organizational unit who are not eligible or not selected for the program; (e) nothing in this Release prevents or precludes the Executive 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 from doing so, unless specifically authorized by federal law. The Executive also understands that the Executive has a period of you have seven (7) days after signing following your execution and delivery of this General Release within which to revoke his agreementthe General Release; and (f) this General Release will not be effective until the date upon which the revocation period has expired, and that neither which will be the Company nor any other person eighth day after this General Release is obligated to make any payments or provide any other benefits to executed by you (the Executive pursuant to the Agreement until eight (8) days have passed since the Executive’s signing of this Release without the Executive’s signature having been revoked other than any accrued obligations or other benefits payable pursuant to the terms of the Company’s normal payroll practices or employee benefit plans"Effective Date"). In the event this General Release is revoked by you, this General Release will be null and void in its entirety, and you will not receive the Executive exercises this right of revocation, neither payments and benefits described in the Company nor Employee Agreement. If you wish to revoke the Executive will have any obligations under this Release. Finally, the Executive has not been forced or pressured in any manner whatsoever to sign this General Release, you must deliver written notice stating your intent to revoke this General Release to the Corporate Secretary of FCG on or before the seventh (7th) day after the date you executed and the Executive agrees to all of its terms voluntarilydelivered this General Release.

ADEA Waiver. The Executive has read this Release carefully You acknowledge that your waiver and expressly acknowledges and agrees that: (a) in return for this Release, the Executive will receive consideration beyond that which he or she was already entitled to receive before entering into this Release; (b) the Executive was given a copy release hereunder of this Release on [_______, 20__] and informed that he or she had at least 21 days to consider all of its terms and that if the Executive wished to execute this Release prior to expiration of such 21-day period, he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit B-1; (c) the Executive is hereby advised in writing by this Release to consult with any attorney and any other advisors of the Executive’s choice prior to executing this Release; (d) the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive rights You may have to xxx or bring any other claims against the Released Parties, including any and all rights and claims that the Executive may have arising under the Age Discrimination in Employment Act of 19671967 (ADEA), as amended (“ADEA”)by the Older Workers Benefit Protection Act, which is knowing and voluntary. You certify that You have arisen on read and understand the provisions of this release of claims. You and the Company agree that this waiver and release does not apply to any rights or before claims that may arise under ADEA after the date of execution of this Release; and (e) nothing Separation Agreement is executed. You acknowledge that the severance benefits provided in this Release prevents or precludes Separation Agreement are specifically linked to your ADEA claim release and that You would not receive the Executive from challenging or seeking same benefits absent your agreement to provide such a determination in good faith of release. You acknowledge that You have been advised by this writing, as required by the validity of Older Workers Benefit Protection Act, that (a) You should consult with an attorney prior to executing this waiver under the ADEASeparation Agreement; (b) You have twenty-one (21) days to consider this Separation Agreement (although You may, nor does it impose any condition precedentby your own choice, penalties or costs from doing so, unless specifically authorized by federal law. The Executive also understands that the Executive has a period of execute this Separation Separation Agreement Exhibit A Agreement earlier); (c) You have seven (7) days after signing following the execution of this Release within which Separation Agreement by You to revoke his agreementthe Separation Agreement; and (d) this Separation Agreement shall not be effective until the date upon which this revocation period has expired. If You wish to revoke the Separation Agreement, You must send written notice of your revocation to the attention of , to be received within seven (7) days following your signature on this Separation Agreement. The only Claims excluded from this release are claims relating to breach or enforceability of this Separation Agreement and your right to file a complaint, charge or other action with a governmental agency. With regard to governmental agency complaints, however, You understand and agree that neither the Company nor You are expressly waiving any right to obtain monetary damages or any other person relief that provides personal benefit resulting from the agency claim. This waiver and release is obligated to make any payments or provide any other benefits effective to the Executive pursuant full extent the law permits You to the Agreement until eight (8) days release your individual claims. It does not affect reimbursement rights You may currently possess under any health insurance coverage or accrued rights You may have passed since the Executive’s signing of this Release without the Executive’s signature having been revoked other than under any accrued obligations or other benefits payable pursuant to the terms of the Company’s normal payroll practices or employee benefit plans. In the event the Executive exercises this right of revocation, neither the Company nor the Executive will have any obligations under this Release. Finally, the Executive has not been forced or pressured in any manner whatsoever to sign this Release, and the Executive agrees to all of its terms voluntarilyretirement plan after termination.

ADEA Waiver. The Executive has read this Release carefully and expressly acknowledges and agrees that: (a) in return for this Release, the Executive will receive consideration beyond that which he or she was already entitled to receive before entering into this Release; (b) the Executive was given a copy of this Release on [_______December 13, 20__] 2023 and informed that he or she had at least 21 twenty-one (21) days to consider all of its terms and that if the Executive wished to execute this Release prior to the expiration of such twenty-one (21) day period he will have done so voluntarily and with full knowledge that he is waiving his right to have twenty-one (21) days to consider this Release, and that such twenty-one (21) day periodperiod to consider this Release would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Release in such twenty-one (21) day period after he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit B-1received it; (c) the Executive is hereby advised in writing by this Release to consult with any attorney and any other advisors of the Executive’s choice prior to executing this Release; (d) the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive may have to xxx sue or bring any other claims against the Released Parties, including any and all rights and claims that the Executive may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this Release; and (e) nothing in this Release prevents or precludes the Executive 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 from doing so, unless specifically authorized by federal law. The Executive also understands that the Executive has a period of seven (7) days after signing this Release within which to revoke his agreement, and that neither the Company nor any other person is obligated to make any payments or provide any other benefits to the Executive pursuant to the Transition Agreement dated as of December 13, 2023 (the “Agreement”), by and between the Company, the Operating Partnership and the Executive, until eight (8) days have passed since the Executive’s signing of this Release without the Executive’s signature having been revoked other than any accrued obligations or other benefits payable pursuant to the terms of the Company’s normal payroll practices or employee benefit plans. In the event the Executive exercises this right of revocation, neither the Company nor the Executive will have any obligations under this Release. Finally, the Executive has not been forced or pressured in any manner whatsoever to sign this Release, and the Executive agrees to all of its terms voluntarily.

ADEA Waiver. The Executive has read this Release carefully and expressly Employee acknowledges and agrees that: (a) in return for this Release, that the Executive will receive consideration beyond that which he or she was already entitled to receive before entering into this Release; (b) the Executive was given a copy of this Release on [_______, 20__] and informed that he or she had at least 21 days to consider all of its terms and that if the Executive wished to execute this Release prior to expiration of such 21-day period, he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit B-1; (c) the Executive Employee is hereby advised in writing by this Release to consult with waiving and releasing any attorney and any other advisors of age claims or rights the Executive’s choice prior to executing this Release; (d) the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive Employee may have to xxx or bring any other claims against the Released Parties, including any and all rights and claims that the Executive may have arising under the Age Discrimination in Employment Act of 1967, as amended 1967 (“ADEA”), which have arisen on as amended by the Older Workers’ Benefit Protection Act of 1990, 29 U.S.C. §§ 621 et seq. This Section and this Agreement are written in a manner calculated to be understood by the Employee. In connection with this ADEA release, the Employee agrees that the Employee is hereby entering into this waiver and release knowingly and voluntarily, and that this waiver and release does not apply to any rights or before claims that may arise under the ADEA after the date the Employee executes this Agreement. The Employee further acknowledges that the consideration given for the release of execution the ADEA claims is in addition to anything of value to which the Employee was already entitled. Finally, the Employee acknowledges that the Employee has been advised by this writing that: (a) the Employee should consult with an attorney prior to executing this Agreement; (b) the Employee has had at least forty-five (45) days from receipt of this Release; Agreement to consider whether to execute it and (e) nothing in this Release prevents or precludes the Executive from challenging or seeking a determination in good faith of the validity of this waiver release any age claim under the ADEA. If the Employee chooses to execute this Agreement before the 45-day period has elapsed, nor the Employee does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal law. The Executive also understands that so knowingly and voluntarily; (c) the Executive Employee has a period of seven (7) days after signing following the Employee’s execution of this Release within which Agreement to revoke his agreement, and that neither the Company nor any other person is obligated to make any payments or provide any other benefits to the Executive pursuant to the Agreement until eight (8) days have passed since the ExecutiveEmployee’s signing signature by providing written notice of this Release without fact within the Executive’s signature having been revoked other than any accrued obligations or other benefits payable pursuant 7-day period to Employer; such written notice to be delivered by overnight courier to Employer at the terms of the Company’s normal payroll practices or employee benefit plans. In the event the Executive exercises this right of revocationfollowing address: Pacific Mercantile Bancorp 000 Xxxxx Xxxxx Xxxxx, neither the Company nor the Executive will have any obligations under this Release. FinallyXxxxx 000 Xxxxx Xxxx, the Executive has not been forced or pressured in any manner whatsoever to sign this Release, and the Executive agrees to all of its terms voluntarily.XX 00000 Attention: Chief Financial Officer SMRH:4838-6792-2589.6 -3-

ADEA Waiver. The Executive has read You agree that you are voluntarily executing this Release carefully Release. You acknowledge that you are knowingly and expressly acknowledges voluntarily waiving and agrees releasing any rights you may have under the ADEA and that the consideration given for the 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: (aA) your waiver and release specified in return for this Release, paragraph do not apply to any rights or claims that may arise after the Executive will receive consideration beyond that which he or she was already entitled to receive before entering into date you sign this Release; (bB) you have been advised to consult with an attorney prior to signing this Release; (C) if part of a group termination, you have received a disclosure from the Executive was given Company that includes a copy 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 21 days from the date that you receive this Release on [_______, 20__] and informed that he or she had at least 21 days to consider all of its terms this Release (although you may choose to sign it any time on or after your Separation Date); (E) you have seven days after you sign this Release to revoke it (“Revocation Period”); and that if (F) this Release will not be effective until you have returned it to Yahoo! (instructions below) and the Executive wished to execute Revocation Period has expired (the “Effective Date”). Do not sign this Release prior to expiration of such 21-day period, he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit B-1; (c) the Executive is hereby advised in writing by Separation Date. If this Release is acceptable to consult with any attorney you, please sign below on or after the Separation Date and any other advisors return the original to Xxx Xxxxxxxxx at xxxx@xxxxx-xxx.xxx or Yahoo!, 000 Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxx 00000 by December 6, 2012. AGREED AND VOLUNTARILY EXECUTED: Xxx Xxxxx Date cc: Personnel File Exhibit B – Severance Letter March 16, 2011 Xxx Xxxxx Dear Xxx: On behalf of the Executive’s choice prior to executing this Release; (d) the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive may have to xxx or bring any other claims against the Released Parties, including any and all rights and claims that the Executive may have arising under the Age Discrimination in Employment Act of 1967, as amended Yahoo! Inc. (“ADEAYahoo!” or the “Company”), which have arisen on or before I am pleased to inform you that Yahoo! will provide you with the date of execution of this Release; and (e) nothing severance protections described in this Release prevents or precludes the Executive from challenging or seeking a determination letter agreement (“Agreement”). This Agreement is being offered to you to provide both you and Yahoo! with certainty in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal law. The Executive also understands that the Executive has a period of seven (7) days after signing this Release within which to revoke his agreement, and that neither the Company nor any other person is obligated to make any payments or provide any other benefits to the Executive pursuant to the Agreement until eight (8) days have passed since the Executive’s signing of this Release without the Executive’s signature having been revoked other than any accrued obligations or other benefits payable pursuant to the terms of the Company’s normal payroll practices or employee benefit plans. In the event the Executive exercises this right of revocation, neither the Company nor the Executive that your employment with Yahoo! is terminated by Yahoo! without Cause.1 You will have not be entitled to any obligations severance benefits under this Release. FinallyAgreement if your employment is terminated with Cause, the Executive has not been forced if you voluntarily resign from your employment with Yahoo!, or pressured in any manner whatsoever if your employment terminates due to sign this Release, and the Executive agrees to all of its terms voluntarily.your death or disability.2

ADEA Waiver. The This Agreement is intended by the parties to effectuate the knowing and voluntary release of all known and unknown claims, including claims under the Age Discrimination in Employment Act. Executive has read acknowledges that the releases and waivers of rights set forth in this Release carefully Agreement are for the payment of monies that exceed those to which Executive would already be entitled under the Company’s existing benefits programs and expressly acknowledges and agrees that: (a) in return for this Release, the Executive will receive consideration beyond that which he or she was already entitled to receive before entering into this Release; (b) the Executive was given a copy payment of this Release on [_______, 20__] and informed that he or she had at least 21 days to consider all of its terms and that if the Executive wished to execute this Release prior to expiration of such 21-day period, he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit B-1; (c) the Executive these monies is hereby advised in writing by this Release to consult with any attorney and any other advisors of the being made specifically contingent upon Executive’s choice prior consent to executing the releases and waivers contained herein. Please be assured that the releases contained in this Release; (d) the Executive fully understands Agreement do not extend to any rights or claims that by signing below the Executive is voluntarily giving up any right which the Executive may have to xxx or bring any other claims against the Released Parties, including any and all rights and claims that the Executive may have arising under the Age Discrimination in Employment Act that first arise after the date and time Executive signs this Agreement. The Company advises and encourages Executive to consult with his own attorney before signing this Agreement. Whether he does so is his decision. Executive has thirty (30) days to consider this Agreement. Executive understands that he may take as much of 1967this thirty (30) day period of time to consider this Agreement as he wishes before signing it. Executive and the Company agree that the thirty (30) day period begins on the day that this Agreement is delivered to Executive, as amended and that if the Company changes any of the terms of the offer contained in this Agreement (“ADEA”whether the changes are material or not), which have arisen on or the thirty (30) day period will not be restarted but will continue without interruption. If Executive signs this Agreement before the date thirty (30) day period expires, the seven (7) day revocation period (described below) will begin immediately. If Executive signs this Agreement before the thirty (30) day period expires, Executive agrees that he has knowingly and voluntarily accepted the shortening of execution of this Release; the thirty (30) day period and (e) nothing that the Company has not promised you anything or made any representations that are not contained in this Release prevents or precludes the Agreement. Executive from challenging or seeking a determination in good faith of the validity of may revoke this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal law. The Executive also understands that the Executive has a period of Agreement within seven (7) days after signing he signs it and this Release within which to revoke his agreement, and that neither Agreement shall not become effective or enforceable until the seven (7) day revocation period has expired. The law prohibits the Company nor any other person is obligated from shortening the seven (7) day revocation period. Executive can revoke this Agreement only by delivering the notice to make any payments or provide any other benefits to the Executive pursuant to the Agreement until eight (8) days have passed since the Executive’s signing of this Release without the Executive’s signature having been revoked other than any accrued obligations or other benefits payable pursuant to the terms of Xxxxx Xxxxxxxx, the Company’s normal payroll practices President. The revocation notice can be delivered either by personal delivery, email, or employee benefit plansthrough the United States Postal Service, registered or certified mail, postage prepaid and return receipt requested. In The Company must receive the event revocation within the seven (7) day period for the revocation to be effective. Executive exercises this right understands and agrees that he will not be entitled to any of revocation, neither the Company nor the Executive will have any obligations payments or benefits under this Release. Finally, Agreement until the Executive seven (7) day revocation period has not been forced or pressured in any manner whatsoever to sign this Release, and the Executive agrees to all of its terms voluntarilyexpired.