Common use of Time for Consideration; Effective Date Clause in Contracts

Time for Consideration; Effective Date. Employee acknowledges that she has had an adequate opportunity to consider this Agreement. To accept this Agreement, Employee must return a signed, unmodified original or PDF copy of this Agreement so that it is received by Xxxxxx Xxxxxx ([***]) no later than 5:00 PM EST on December 23, 2021. This Agreement shall become effective on the date when it becomes fully executed (the “Effective Date”). For the avoidance of doubt, (i) if Employee breaches any of the provisions of this Agreement prior to its execution, the offer of this Agreement may be withdrawn and Employee’s execution of this Agreement will not be valid, and (ii) if Employee does not enter into this Agreement, then Employee’s employment will end but Employee will not be entitled to the benefits set forth in this Agreement. EMPLOYEE AGREES THAT EMPLOYEE HAS CAREFULLY READ THIS AGREEMENT, THAT EMPLOYEE HAS BEEN GIVEN AMPLE OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL, THAT EMPLOYEE IS RECEIVING SUBSTANTIAL BENEFITS AS A RESULT OF THIS AGREEMENT, AND THAT EMPLOYEE IS VOLUNTARILY SIGNING BY EMPLOYEE’S OWN FREE ACT. EMPLOYEE FURTHER AGREES THAT EMPLOYEE DOES NOT RELY ON ANY REPRESENTATION, PROMISE OR INDUCEMENT MADE BY COMPANY WITH THE EXCEPTION OF THE CONSIDERATION SET FORTH IN THIS AGREEMENT. THIS AGREEMENT CONSTITUTES A VOLUNTARY AND KNOWING WAIVER OF RIGHTS UNDER THE LAWS AND STATUTES REFERENCED ABOVE. Company and Employee have signed this Agreement on the dates indicated below. EMPLOYEE KLAVIYO, INC. By: /s/ Xxxxx Xxxxxxxx By: /s/ Xxxxxx Xxxxxx Xxxxx Xxxxxxxx Name: Xxxxxx Xxxxxx Title: CLO Dated: 12/22/2021 Dated: 12/22/2021 Exhibit A Certificate I, Xxxxx Xxxxxxxx, hereby acknowledge and certify that I entered into a Severance Agreement and Release of All Claims with Klaviyo, Inc. (“Company”) in connection with the ending of my employment (the “Agreement”). Capitalized terms used herein and not otherwise defined have the meanings ascribed to such terms in the Agreement. Pursuant to the Agreement, and provided that I have satisfied the Conditions, I am required to execute this certificate, which updates the release of claims set forth in Section 6 of the Agreement and adds a release under the Age Discrimination in Employment Act and the California Fair Employment and Housing Act (this “Certificate”), in order to be eligible for the Severance Pay, COBRA Reimbursement and Accelerated Vesting. I understand that I may not sign this Certificate until on or after the Separation Date and that I must return it to Company within 21 days after the Separation Date as set forth below. I, therefore, agree as follows:

Appears in 2 contracts

Samples: Transition Agreement (Klaviyo, Inc.), Transition Agreement (Klaviyo, Inc.)

AutoNDA by SimpleDocs

Time for Consideration; Effective Date. Employee The Executive acknowledges that she the Executive has had an adequate been given the opportunity to consider this Agreement for twenty-one (21) days before signing it (the “Consideration Period”) and that the Executive has knowingly and voluntarily entered into this Agreement. The Executive acknowledges that the above release of claims expressly includes without limitation claims under the Age Discrimination in Employment Act. The Executive is advised to consult with an attorney before signing this Agreement. To accept this Agreement, Employee the Executive must return a signed, unmodified signed original or a signed PDF copy of this Agreement so that it is received by Xxxxxx Xxxxxx the undersigned at or before the expiration of the Consideration Period. If the Executive signs this Agreement before the end of the Consideration Period, the Executive acknowledges by signing this Agreement that such decision was entirely voluntary and that the Executive had the opportunity to consider this Agreement for the entire Consideration Period. For the period of seven ([***]7) no later than 5:00 PM EST on December 23days from the date when the Executive signs this Agreement, 2021the Executive has the right to revoke this Agreement by written notice to the undersigned. For such a revocation to be effective, it must be delivered so that it is received by the undersigned at or before the expiration of the seven (7) day revocation period (the “Revocation Period”). This Agreement shall not become effective or enforceable during the Revocation Period. It will become effective on the date when it becomes fully executed day after the Revocation Period ends (the “Effective Date”). For Please indicate your agreement to the avoidance terms of doubtthis Agreement by signing and returning to the undersigned the original or a PDF copy of this letter within the time period set forth above. Very truly yours, (i) if Employee breaches any BRIGHTCOVE INC. By: /s/ Xxxx Xxxxxxx April 11, 2018 Xxxx Xxxxxxx Date Chairman, Board of Directors This is a legal document. Your signature will commit you to its terms. By signing below, you acknowledge that you have carefully read and fully understand all of the provisions of this Agreement prior to its execution, the offer of this Agreement may be withdrawn and Employee’s execution of this Agreement will not be valid, that you are knowingly and (ii) if Employee does not enter voluntarily entering into this Agreement, then Employee’s employment will end but Employee will not be entitled to the benefits set forth in this Agreement. EMPLOYEE AGREES THAT EMPLOYEE HAS CAREFULLY READ THIS AGREEMENT, THAT EMPLOYEE HAS BEEN GIVEN AMPLE OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL, THAT EMPLOYEE IS RECEIVING SUBSTANTIAL BENEFITS AS A RESULT OF THIS AGREEMENT, AND THAT EMPLOYEE IS VOLUNTARILY SIGNING BY EMPLOYEE’S OWN FREE ACT. EMPLOYEE FURTHER AGREES THAT EMPLOYEE DOES NOT RELY ON ANY REPRESENTATION, PROMISE OR INDUCEMENT MADE BY COMPANY WITH THE EXCEPTION OF THE CONSIDERATION SET FORTH IN THIS AGREEMENT. THIS AGREEMENT CONSTITUTES A VOLUNTARY AND KNOWING WAIVER OF RIGHTS UNDER THE LAWS AND STATUTES REFERENCED ABOVE. Company and Employee have signed this Agreement on the dates indicated below. EMPLOYEE KLAVIYO, INC. By: /s/ Xxxxx Xxxxxxxx By: /s/ Xxxxxx Xxxxxxxx April 11, 2018 Xxxxxx Xxxxx Xxxxxxxx Name: Xxxxxx Xxxxxx Title: CLO Dated: 12/22/2021 Dated: 12/22/2021 Exhibit Date EXHIBIT A Certificate CERTIFICATE UPDATING RELEASE OF CLAIMS I, Xxxxx Xxxxxxxx, hereby acknowledge and certify that I entered into a Severance an Amendment to Employment Agreement and Release of All Claims with Klaviyo, Brightcove Inc. (the “Company”) in connection with the ending of my employment ), dated April 11, 2018 (the “Agreement”). Capitalized but undefined terms used herein and not otherwise in this Certificate are defined have the meanings ascribed to such terms in the Agreement. Pursuant to the Agreement, and provided that I have satisfied the Conditions, I am required to execute sign this certificate, “Certificate,” which updates the release of claims set forth in the Agreement, in order to begin receiving the severance benefits described in Section 6 9 of the Agreement and adds a release under in Section 4 of the Age Discrimination in Employment Act Agreement. For this Certificate to become effective and for me to receive such severance benefits, I must sign this Certificate after the California Fair Employment and Housing Act (this “Certificate”), in order to be eligible for Separation Date but no later than seven days after the Severance Pay, COBRA Reimbursement and Accelerated VestingSeparation Date. I understand that I may will not sign this Certificate until on or after before the Separation Date and that Date. Subject to the foregoing, the date I must return it to Company within 21 days after sign this Certificate is the Separation Date as set forth below. I, therefore, “Certificate Effective Date.” I further agree as follows:

Appears in 2 contracts

Samples: Employment Agreement, Amendment to Employment Agreement (Brightcove Inc)

Time for Consideration; Effective Date. Employee The Executive acknowledges that she he has had an adequate been given the opportunity to consider this AgreementSeparation Agreement for twenty-one (21) days before signing it (the “Consideration Period”). To accept this Separation Agreement, Employee the Executive must return a signed, unmodified signed original or a signed PDF copy of this Separation Agreement so that it is received by Xxxxxx Xxxxxx X. Xxxxx Xx. of the Gramercy Parties at or before the expiration of the Consideration Period. If the Executive signs this Separation Agreement before the end of the Consideration Period, he acknowledges by signing this Separation Agreement that such decision was entirely voluntary and that he had the opportunity to consider this Separation Agreement for the entire Consideration Period. The Executive acknowledges and agrees that any changes or modifications to this Separation Agreement shall not restart or in any way affect the Consideration Period. For the period of seven ([***]7) no later than 5:00 PM EST on December 23days from the date when the Executive executes this Separation Agreement, 2021he has the right to revoke the ADEA Release Agreement by written notice that must be received by Xx. This Xxxxx before the end of such revocation period. The ADEA Release Agreement shall become effective on the date when it becomes fully executed business day immediately following the expiration of the revocation period (the “ADEA Release Agreement Effective Date”), provided that the Executive does not revoke the ADEA Release Agreement during the revocation period. For In the avoidance of doubtevent that the Executive exercises his right to revoke the ADEA Release Agreement during the revocation period, (i) if Employee breaches any he acknowledges that all of the provisions terms and conditions of this Agreement prior to its execution, the offer of this Agreement may be withdrawn and Employee’s execution of this Agreement will not be valid, and (ii) if Employee does not enter into this Separation Agreement, then Employee’s employment will end but Employee will not be entitled to other than the benefits set forth in this Agreement. EMPLOYEE AGREES THAT EMPLOYEE HAS CAREFULLY READ THIS AGREEMENT, THAT EMPLOYEE HAS BEEN GIVEN AMPLE OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL, THAT EMPLOYEE IS RECEIVING SUBSTANTIAL BENEFITS AS A RESULT OF THIS AGREEMENT, AND THAT EMPLOYEE IS VOLUNTARILY SIGNING BY EMPLOYEE’S OWN FREE ACT. EMPLOYEE FURTHER AGREES THAT EMPLOYEE DOES NOT RELY ON ANY REPRESENTATION, PROMISE OR INDUCEMENT MADE BY COMPANY WITH THE EXCEPTION OF THE CONSIDERATION SET FORTH IN THIS AGREEMENT. THIS AGREEMENT CONSTITUTES A VOLUNTARY AND KNOWING WAIVER OF RIGHTS UNDER THE LAWS AND STATUTES REFERENCED ABOVE. Company and Employee have signed this Agreement on the dates indicated below. EMPLOYEE KLAVIYO, INC. By: /s/ Xxxxx Xxxxxxxx By: /s/ Xxxxxx Xxxxxx Xxxxx Xxxxxxxx Name: Xxxxxx Xxxxxx Title: CLO Dated: 12/22/2021 Dated: 12/22/2021 Exhibit A Certificate I, Xxxxx Xxxxxxxx, hereby acknowledge and certify that I entered into a Severance Agreement and ADEA Release of All Claims with Klaviyo, Inc. (“Company”) in connection with the ending of my employment (the “Agreement”). Capitalized terms used herein and not otherwise defined have the meanings ascribed to such terms in the Agreement. Pursuant to the Agreement, shall remain in full force and provided effect, except that I have satisfied the Conditions, I am required to execute this certificate, which updates Executive shall not receive the release of claims set forth in Section 6 of the Agreement and adds a release under the Age Discrimination in Employment Act Separation Benefits and the California Fair Employment Gramercy Release shall be null and Housing Act (this “Certificate”), in order to be eligible for the Severance Pay, COBRA Reimbursement and Accelerated Vesting. I understand that I may not sign this Certificate until on or after the Separation Date and that I must return it to Company within 21 days after the Separation Date as set forth below. I, therefore, agree as follows:void.

Appears in 1 contract

Samples: Separation and Release Agreement (Gramercy Capital Corp)

Time for Consideration; Effective Date. Employee acknowledges You acknowledge that she has had an adequate you have been given the opportunity to consider this Agreement for twenty-one (21) days before signing it (the “Consideration Period”) and that you have knowingly and voluntarily entered into this Separation Agreement. To accept this Separation Agreement, Employee you must return a signed, unmodified signed original or PDF copy of this Separation Agreement so that it is received by Xxxxxx Xxxxxxx at or before the expiration of the Consideration Period. If you sign this Separation Agreement before the end of the Consideration Period, you acknowledge by signing this Separation Agreement that such decision was entirely voluntary and that you had the opportunity to consider this Separation Agreement for the entire Consideration Period. For the period of seven (7) days from the date when you sign this Separation Agreement, you have the right to revoke this Separation Agreement by written notice to the undersigned. For such a revocation to be effective, it must be delivered so that it is received by Xxxxxx Xxxxxxx at or before the expiration of the seven ([***]7) no later than 5:00 PM EST on December 23, 2021day revocation period. This Separation Agreement shall not become effective or enforceable during the revocation period. This Separation Agreement shall become effective on the date when it becomes fully executed first business day following the expiration of the revocation period (the “Effective Date”). For Xxxxxxxx Xxxxxx August 23, 2013 Please indicate your agreement to the avoidance terms of doubtthis Separation Agreement by signing and returning to Xxxxxx Xxxxxxx the original of this letter within the time period set forth above. Very truly yours, (i) if Employee breaches any REPLIGEN CORPORATION By: /s/ Xxxxxx X. Xxxxxxx 9/9/13 Date You are advised to consult with an attorney before signing this Separation Agreement. This is a legal document. Your signature will commit you to its terms. By signing below, you acknowledge that you have carefully read and fully understand all of the provisions of this Separation Agreement prior to its executionand that you are knowingly and voluntarily entering into this Separation Agreement. /s/ Xxxxxxxx Xxxxxx 9/10/13 Xxxxxxxx Xxxxxx Date Attachment A: Confidentiality, the offer of this Agreement may be withdrawn and Employee’s execution of this Agreement will not be validNon-Solicitation, and (ii) if Employee does not enter into this Patent Agreement, then Employee’s employment will end but Employee will not be entitled to the benefits set forth in this Agreement. EMPLOYEE AGREES THAT EMPLOYEE HAS CAREFULLY READ THIS AGREEMENT, THAT EMPLOYEE HAS BEEN GIVEN AMPLE OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL, THAT EMPLOYEE IS RECEIVING SUBSTANTIAL BENEFITS AS A RESULT OF THIS AGREEMENT, AND THAT EMPLOYEE IS VOLUNTARILY SIGNING BY EMPLOYEE’S OWN FREE ACT. EMPLOYEE FURTHER AGREES THAT EMPLOYEE DOES NOT RELY ON ANY REPRESENTATION, PROMISE OR INDUCEMENT MADE BY COMPANY WITH THE EXCEPTION OF THE CONSIDERATION SET FORTH IN THIS AGREEMENT. THIS AGREEMENT CONSTITUTES A VOLUNTARY AND KNOWING WAIVER OF RIGHTS UNDER THE LAWS AND STATUTES REFERENCED ABOVE. Company and Employee have signed this Agreement on the dates indicated below. EMPLOYEE KLAVIYO, INC. By: /s/ Xxxxx Xxxxxxxx By: /s/ Xxxxxx Xxxxxx Xxxxx Xxxxxxxx Name: Xxxxxx Xxxxxx Title: CLO Dated: 12/22/2021 Dated: 12/22/2021 Exhibit A Certificate I, Xxxxx Xxxxxxxx, hereby acknowledge and certify that I entered into a Severance Agreement and Release of All Claims with Klaviyo, Inc. (“Company”) in connection with the ending of my employment (the “Agreement”). Capitalized terms used herein and not otherwise defined have the meanings ascribed to such terms in the Agreement. Pursuant to the Agreement, and provided that I have satisfied the Conditions, I am required to execute this certificate, which updates the release of claims set forth in Section 6 of the Agreement and adds a release under the Age Discrimination in Employment Act and the California Fair Employment and Housing Act (this “Certificate”), in order to be eligible for the Severance Pay, COBRA Reimbursement and Accelerated Vesting. I understand that I may not sign this Certificate until on or after the Separation Date and that I must return it to Company within 21 days after the Separation Date as set forth below. I, therefore, agree as follows:

Appears in 1 contract

Samples: Repligen Corp

Time for Consideration; Effective Date. Employee The Executive acknowledges that this Separation Agreement replaces the prior proposed agreement provided to the Executive on December 17, 2018. The Executive further acknowledges that she has had an adequate opportunity was given more than twenty-one (21) days to consider the December 17, 2018 agreement and that the original twenty-one (21) day period (the “Consideration Period”) remains unchanged by the offer of this AgreementSeparation Agreement in place of the December 17, 2018 agreement. To accept this Agreement, Employee the Executive must return a signed, unmodified original or PDF copy of this Agreement so that it is received by Xxxxxxxx Xxxxxxxx Xxx, Esq. at, Xxxxxxx Procter LLP, 000 Xxxxxxxx Xxxxxx, Xxxxxx Xxxxxx XX, 00000 ([***]XXxx@xxxxxxxxxx.xxx) no later than 5:00 PM EST on December 23or before the expiration of the Consideration Period on January 9, 20212019. If the Executive signs this Agreement prior to January 9, 2019, the Executive acknowledges by signing this Agreement that such decision was entirely voluntary and that she had the opportunity to consider this Agreement for the entire Consideration Period. The Executive and the Company agree that any changes or modifications to this Agreement did not restart the twenty-one (21) day period. For a period of seven (7) business days from the day of the execution of this Agreement, the Executive shall retain the right to revoke this Agreement by written notice that must be received by Xx. Xxx before the end of such revocation period. This Agreement shall become effective on the date when it becomes fully executed business day immediately following the expiration of the revocation period (the “Effective Date”), provided that the Executive does not revoke this Agreement during the revocation period. For the avoidance of doubt, (i) if Employee breaches any of the provisions of this Agreement prior to its execution, the offer of this Agreement may be withdrawn and Employee’s execution of this Agreement will not be valid, and (ii) if Employee Executive does not enter into this Agreement, then Employeethe Executive’s employment will end but Employee will not be entitled to the benefits set forth in this Agreement. EMPLOYEE AGREES THAT EMPLOYEE HAS CAREFULLY READ THIS AGREEMENT, THAT EMPLOYEE HAS BEEN GIVEN AMPLE OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL, THAT EMPLOYEE IS RECEIVING SUBSTANTIAL BENEFITS AS A RESULT OF THIS AGREEMENT, AND THAT EMPLOYEE IS VOLUNTARILY SIGNING BY EMPLOYEE’S OWN FREE ACT. EMPLOYEE FURTHER AGREES THAT EMPLOYEE DOES NOT RELY ON ANY REPRESENTATION, PROMISE OR INDUCEMENT MADE BY COMPANY WITH THE EXCEPTION OF THE CONSIDERATION SET FORTH IN THIS AGREEMENT. THIS AGREEMENT CONSTITUTES A VOLUNTARY AND KNOWING WAIVER OF RIGHTS UNDER THE LAWS AND STATUTES REFERENCED ABOVE. Company and Employee have signed this Agreement on the dates indicated below. EMPLOYEE KLAVIYOearlier of (i) January 9, INC. By: /s/ Xxxxx Xxxxxxxx By: /s/ Xxxxxx Xxxxxx Xxxxx Xxxxxxxx Name: Xxxxxx Xxxxxx Title: CLO Dated: 12/22/2021 Dated: 12/22/2021 Exhibit A Certificate I, Xxxxx Xxxxxxxx, hereby acknowledge and certify 2019 or (ii) the date that I entered into a Severance Agreement and Release of All Claims with Klaviyo, Inc. (“Company”) in connection with the ending of my employment (the “Agreement”). Capitalized terms used herein and not otherwise defined have the meanings ascribed to such terms in the Agreement. Pursuant to Executive rejects the Agreement, and provided the Company shall provide the Executive with documentation at that I have satisfied the Conditions, I am required to execute time that will replace this certificate, which updates the release of claims set forth in Section 6 of the Separation Agreement and adds a release under the Age Discrimination in Employment Act and the California Fair Employment and Housing Act (this “Certificate”), in order to be eligible for the Severance Pay, COBRA Reimbursement and Accelerated Vesting. I understand that I may not sign this Certificate until on or after the Separation Date and that I must return it to Company within 21 days after the Separation Date as set forth below. I, therefore, agree as follows:Release.

Appears in 1 contract

Samples: Separation Agreement and Release (AVROBIO, Inc.)

AutoNDA by SimpleDocs

Time for Consideration; Effective Date. Employee acknowledges that she has had an adequate As set forth above, you have the opportunity to consider this AgreementRelease Agreement for 21 days before signing it. To accept this Release Agreement, Employee you must return a signed, unmodified signed original or PDF copy of this Release Agreement so that it is received by Xxxxxx Xxxxxx ([***]) no later the Company’s Vice President of Human Resources at or before the expiration of this 21-day period. If you sign this Release Agreement within fewer than 5:00 PM EST on December 2321 days of the date of its delivery to you, 2021you must also sign the acknowledgement page to the Release Agreement that such decision was entirely voluntary and that you had the opportunity to consider this Release Agreement for the entire 21-day period. For the period of seven days from the date when this Release Agreement becomes fully executed, you have the right to revoke this Release Agreement by written notice to the Company’s Vice President of Human Resources. For such a revocation to be effective, it must be delivered so that it is received by the Company’s Vice President of Human Resources at or before the expiration of the seven-day revocation period. This Release Agreement shall not become effective or enforceable during the revocation period, but rather shall become effective on the date when it becomes fully executed (first business day following the “Effective Date”). For the avoidance of doubt, (i) if Employee breaches any expiration of the provisions revocation period. * * * Please indicate your agreement to the terms of this Release Agreement prior by signing and returning to its execution, the offer Company’s Vice President of Human Resources your executed copy of this Release Agreement may be withdrawn and Employee’s execution of this Agreement will not be valid, and (ii) if Employee does not enter into this Agreement, then Employee’s employment will end but Employee will not be entitled to within the benefits time period set forth in this Agreementabove. EMPLOYEE AGREES Very truly yours, Anika Therapeutics, Inc. By: /s/ Xxxxxx X. Xxxxxxx President Xx. Xxxxxxx X. Sherwood March 8, 2018 I, XXXXXXX X. XXXXXXXX, REPRESENT THAT EMPLOYEE HAS CAREFULLY I HAVE READ THIS THE FOREGOING RELEASE AGREEMENT, THAT EMPLOYEE HAS BEEN GIVEN AMPLE OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL, I FULLY UNDERSTAND THE TERMS AND CONDITIONS OF SUCH RELEASE AGREEMENT AND THAT EMPLOYEE IS RECEIVING SUBSTANTIAL BENEFITS AS A RESULT OF I AM VOLUNTARILY EXECUTING THE SAME. IN ENTERING INTO THIS RELEASE AGREEMENT, AND THAT EMPLOYEE IS VOLUNTARILY SIGNING BY EMPLOYEE’S OWN FREE ACT. EMPLOYEE FURTHER AGREES THAT EMPLOYEE DOES I DO NOT RELY ON ANY REPRESENTATION, PROMISE OR INDUCEMENT MADE BY COMPANY THE RELEASEES WITH THE EXCEPTION OF THE CONSIDERATION SET FORTH DESCRIBED IN THE CONSULTING AGREEMENT AND THIS RELEASE AGREEMENT. THIS AGREEMENT CONSTITUTES A VOLUNTARY AND KNOWING WAIVER OF RIGHTS UNDER THE LAWS AND STATUTES REFERENCED ABOVE. Company and Employee have signed this Agreement on the dates indicated below. EMPLOYEE KLAVIYO, INC. ByACCEPTED: /s/ Xxxxx Xxxxxxx X. Xxxxxxxx By: /s/ Xxxxxx Xxxxxx Xxxxx Xxxxxxxx Name: Xxxxxx Xxxxxx Title: CLO Dated: 12/22/2021 Dated: 12/22/2021 Exhibit A Certificate March 8, 2018 Xxxxxxx X. Xxxxxxxx, Ph.D. IF YOU DO NOT WISH TO USE THE 21-DAY PERIOD, PLEASE CAREFULLY REVIEW AND SIGN THIS DOCUMENT I, Xxxxx Xxxxxxx X. Xxxxxxxx, hereby acknowledge and certify that I entered into a Severance was informed and understand that I have 21 days within which to consider the attached Release Agreement and, having been advised of my right to consult with an attorney regarding such Release Agreement and have considered carefully every provision of the Release of All Claims with Klaviyo, Inc. (“Company”) in connection with the ending of my employment (the “Agreement”). Capitalized terms used herein and not otherwise defined have the meanings ascribed to such terms in the Agreement. Pursuant to the Agreement, and provided that after having engaged in those actions, I prefer to and have requested that I have satisfied enter into the Conditions, I am required Release Agreement prior to execute this certificate, which updates the release of claims set forth in Section 6 expiration of the Agreement and adds a release under the Age Discrimination in Employment Act and the California Fair Employment and Housing Act (this “Certificate”)21-day period. /s/ Xxxxxxx X. Xxxxxxxx March 8, in order to be eligible for the Severance Pay2018 Xxxxxxx X. Xxxxxxxx, COBRA Reimbursement and Accelerated Vesting. I understand that I may not sign this Certificate until on or after the Separation Date and that I must return it to Company within 21 days after the Separation Date as set forth below. I, therefore, agree as follows:Ph.D.

Appears in 1 contract

Samples: Consulting Agreement (Anika Therapeutics, Inc.)

Time for Consideration; Effective Date. Employee acknowledges You have been advised that she has had an adequate opportunity you have twenty-one (21) days to consider the terms of this Agreement, although you may sign and return it sooner. You have elected to sign this Agreement as of the date first written above and acknowledge that you have waived such twenty-one (21) day period to consider this Agreement. To accept You have the right to revoke this AgreementAgreement at any time within the seven (7) day period following the date on which you sign it, Employee must return a signedby delivering written notice of such revocation to the Company at 00000 Xxxxx Xxxxxxxxx Xxxxxx, unmodified original or PDF copy Xxxxxxxx, Xxxxxxxxxx 00000 by 5:00 p.m., Pacific Daylight Time, on the seventh day. If you do not revoke acceptance within the seven (7) day period, your acceptance of this Agreement so that it is received by Xxxxxx Xxxxxx ([***]) no later than 5:00 PM EST shall become binding and enforceable on December 23, 2021the eighth day. This Agreement The Severance Package shall become due and payable in accordance with Section 4 above and the Consulting Arrangement shall become effective on after the effective date when it becomes fully executed of the Supplemental Release described in Section 10, provided you sign the Supplemental Release and do not revoke such Supplemental Release. If the foregoing is agreeable to you, please sign, date, and return this letter agreement. Very truly yours, FARMER BROS. CO. By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx President and Chief Executive Officer Accepted: /s/ Xxxx X. Xxxxxxx Xxxx X. Xxxxxxx EXHIBIT A SUPPLEMENTAL RELEASE I understand that my position with Farmer Bros. Co. (the “Effective Company”) terminated effective July 31, 2014 (the “Separation Date”). For The Company has agreed that if I choose to sign this Supplemental Release (this “Agreement”), the avoidance Company will pay me the severance benefits, subject to applicable withholdings and authorized deductions, and enter into a consulting arrangement pursuant to the terms of doubtthe Separation Agreement, dated July 16, 2014 (ithe “Separation Agreement”), between me and the Company. I understand that I am not entitled to the Severance Package or Consulting Arrangement (as such terms are defined in the Separation Agreement) if Employee breaches unless I sign this Agreement. In consideration for the Severance Package and Consulting Arrangement, I acknowledge and agree that I am bound by the provisions of the Separation Agreement and hereby release the Company and its current and former officers, directors, agents, attorneys, employees, shareholders, and affiliates from any and all claims, liabilities, demands, causes of action, attorneys’ fees, damages, or obligations of every kind and nature, whether they are known or unknown, arising at any time prior to the date I sign this Agreement. This general release includes, but is not limited to: all federal and state statutory and common law claims, claims related to my employment or the termination of my employment or related to breach of contract, tort, wrongful termination, discrimination, wages or benefits, or claims for any form of compensation. This release is not intended to release any claims I have or may have against any of the provisions released parties for (a) indemnification as a director, officer, agent or employee under applicable law, charter document or agreement, (b) severance and other termination benefits specifically provided for in the Separation Agreement which constitutes a part of the consideration for this release, (c) health or other insurance benefits based on claims already submitted or which are covered claims properly submitted in the future, (d) vested rights under pension, retirement or other benefit plans, or (e) in respect of events, acts or omissions occurring after the date of this Agreement Agreement. In releasing claims unknown to me at present, I am waiving all rights and benefits under Section 1542 of the California Civil Code, and any law or legal principle of similar effect in any jurisdiction: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” I acknowledge that I am knowingly and voluntarily waiving and releasing any rights I may have under the federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”). I also acknowledge that the consideration given for the waiver in the above paragraph is in addition to anything of value to which I was already entitled. I have been advised by this writing, as required by the ADEA that: (a) my waiver and release do not apply to any claims that may arise after my signing of this Agreement; (b) I should consult with an attorney prior to its execution, executing this release; (c) I have twenty-one (21) days within which to consider this release (although I may choose to voluntarily execute this release earlier); (d) I have seven (7) days following the offer execution of this Agreement may be withdrawn release to revoke this Agreement; and Employee’s execution of (e) this Agreement will not be valid, effective until the eighth day after this Agreement has been signed by me. I accept and (ii) if Employee does not enter into this Agreement, then Employee’s employment will end but Employee will not be entitled agree to the benefits set forth in this Agreementterms and conditions stated above. EMPLOYEE AGREES THAT EMPLOYEE HAS CAREFULLY READ THIS AGREEMENT, THAT EMPLOYEE HAS BEEN GIVEN AMPLE OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL, THAT EMPLOYEE IS RECEIVING SUBSTANTIAL BENEFITS AS A RESULT OF THIS AGREEMENT, AND THAT EMPLOYEE IS VOLUNTARILY SIGNING BY EMPLOYEE’S OWN FREE ACT. EMPLOYEE FURTHER AGREES THAT EMPLOYEE DOES NOT RELY ON ANY REPRESENTATION, PROMISE OR INDUCEMENT MADE BY COMPANY WITH THE EXCEPTION OF THE CONSIDERATION SET FORTH IN THIS AGREEMENT. THIS AGREEMENT CONSTITUTES A VOLUNTARY AND KNOWING WAIVER OF RIGHTS UNDER THE LAWS AND STATUTES REFERENCED ABOVE. Company and Employee have signed this Agreement on the dates indicated below. EMPLOYEE KLAVIYO, INC. By: /s/ Xxxxx Xxxxxxxx By: /s/ Xxxxxx Xxxxxx Xxxxx Xxxxxxxx Name: Xxxxxx Xxxxxx Title: CLO Dated: 12/22/2021 Dated: 12/22/2021 Exhibit A Certificate I, Xxxxx Xxxxxxxx, hereby acknowledge and certify that I entered into a Severance Agreement and Release of All Claims with Klaviyo, Inc. (“Company”) in connection with the ending of my employment (the “Agreement”). Capitalized terms used herein and not otherwise defined have the meanings ascribed to such terms in the Agreement. Pursuant to the Agreement, and provided that I have satisfied the Conditions, I am required to execute this certificate, which updates the release of claims set forth in Section 6 of the Agreement and adds a release under the Age Discrimination in Employment Act and the California Fair Employment and Housing Act (this “Certificate”), in order to be eligible for the Severance Pay, COBRA Reimbursement and Accelerated Vesting. I understand that I may not sign this Certificate until on or after the Separation Date and that I must return it to Company within 21 days after the Separation Date as set forth below. I, therefore, agree as follows:__________ ________________________________ Xxxx X. Xxxxxxx

Appears in 1 contract

Samples: Farmer Brothers Co

Time is Money Join Law Insider Premium to draft better contracts faster.