Consideration and Revocation Period. Employee understands and acknowledges that Employee is waiving and releasing any rights Employee may have (including those under the Age Discrimination in Employment Act of 1967 (“ADEA”)), 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 claims that may arise under the ADEA after the date Employee signs this Agreement. 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 Agreement; (b) Employee has twenty-one (21) days within which to consider this Agreement; (c) Employee has seven (7) days following Employee’s execution of this Agreement to revoke this Agreement in writing to J▇▇▇▇▇▇▇ Y▇ ▇▇▇▇▇ at j▇▇▇▇▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ (“Revocation Period”); (d) this Agreement shall not be effective until after the Revocation Period has expired; and (e) nothing in this Agreement prevents or precludes 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, or costs for doing so, unless specifically authorized by federal law. 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 knowingly, freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Employee acknowledges and understands that any revocation of this Agreement must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received prior to the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day review period. Employee and the Company expressly declare and represent that they have read and understood the meaning of the terms and conditions contained in this Agreement, and that they have had the opportunity to consult with legal counsel prior to executing this Agreement. Employee may not sign this Agreement prior to the Separation Date and this Agreement will expire if not executed by August 9, 2024. Employee and the Company further declare and
Appears in 1 contract
Consideration and Revocation Period. Employee understands and acknowledges that Employee is waiving and releasing any rights Employee may have (including those under the Age Discrimination in Employment Act of 1967 (“ADEA”)), 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 claims that may arise under the ADEA after the date Employee signs this Agreement. 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 Agreement; (b) Employee has twenty-one (21) days within which to consider this Agreement; (c) Employee has seven (7) days following Employee’s execution of this Agreement to revoke this Agreement in writing to J▇▇▇▇▇▇▇▇ Y▇▇ ▇▇▇▇▇ at j▇▇▇▇▇▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ (“Revocation Period”)▇; (d) this Agreement shall not be effective until after the Revocation Period revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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, or costs for doing so, unless specifically authorized by federal law. 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 knowingly, freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Employee acknowledges and understands that any revocation of this Agreement must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received prior to the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day review period. Employee and the Company expressly declare and represent that they have read and understood the meaning of the terms and conditions contained in this Agreement, and that they have had the opportunity to consult with legal counsel prior to executing this Agreement. Employee may not sign this Agreement prior to the Separation Date and this Agreement will expire if not executed by August 9, 2024DATE. Employee and the Company further declare and
Appears in 1 contract
Sources: Severance Agreement (Inogen Inc)
Consideration and Revocation Period. Employee understands By signing this Release, Executive represents and acknowledges that Employee is waiving and releasing any rights Employee may have warrants that:
(including those under a) Under the Federal Age Discrimination in Employment Act of 1967 (“ADEA”))1967, as amended , and the applicable rules and regulations promulgated thereunder, Parent and the Company advise Executive 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 claims that may arise under the ADEA after the date Employee signs this Agreement. 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 he should consult with an attorney prior to independent counsel before executing this AgreementRelease; (b) Employee and Executive acknowledges that he has been so advised. Executive further acknowledges that he has had at least twenty-one (21) days within which to consider this AgreementRelease before signing it and Executive further acknowledges that if he signs this Release prior to the expiration of the twenty-one (21) day period, Executive waives the remainder of that period.
(b) Executive acknowledges that he has carefully read this Release in its entirety; that he has had an adequate opportunity to consider it; that he understands all its terms; and that he knowingly and voluntarily assents to all the terms and conditions contained herein, including, without limitation, the waiver and release contained herein.
(c) Employee Executive further acknowledges that he has seven (7) calendar days following Employee’s execution of the date he signs this Agreement Release to revoke it and this Release shall not become effective until the eighth day following the date on which Executive signs this Release. Executive understands that if he wishes to revoke this Agreement in writing Release, Executive must deliver written notice of revocation [(which may be by email)], stating Executive’s intent to Jrevoke this Release on or before 5:00 p.m. (PST) of the seventh (7th) day after the date on which Executive signs this Release to Hydrafacial LLC, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Y, ▇▇▇▇ ▇▇▇▇▇, ▇▇ at j▇▇▇▇▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ (“Revocation Period”); (d) , Attn: Legal Department . Executive acknowledges that if Executive revokes this Agreement shall Release, Executive will not be effective until after the Revocation Period has expired; and (e) nothing in this Agreement prevents receive any payments or precludes Employee from challenging or seeking a determination in good faith benefits pursuant to Article IV of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event 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 knowingly, freely and voluntarily chosen to waive the time period allotted for considering this Employment Agreement. Employee acknowledges and understands that any revocation of this Agreement must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received prior to the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day review period. Employee and the Company expressly declare and represent that they have read and understood the meaning of the terms and conditions contained in this Agreement, and that they have had the opportunity to consult with legal counsel prior to executing this Agreement. Employee may not sign this Agreement prior to the Separation Date and this Agreement will expire if not executed by August 9, 2024. Employee and the Company further declare and.
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Consideration and Revocation Period. Employee understands and acknowledges that Employee is waiving and releasing any rights Employee may have (including those under the Age Discrimination in Employment Act of 1967 (“ADEA”)), 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 claims that may arise under the ADEA after the date Employee signs this Agreement. 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 acknowledges that the Company has advised Employee of Employee’s right to consult with an attorney prior to executing this Agreement; . Employee has carefully read and fully understands all of the provisions of this Agreement. Employee is entering into this Agreement knowingly, freely and voluntarily in exchange for good and valuable consideration.
(b) Employee has been given [twenty-one one] [forty-five (21) 45)] calendar days within which to consider the terms of this Agreement, although Employee may sign it sooner[; and Employee has been given a disclosure indicating the job titles and ages of individuals being offered severance. (See Attachment A).1]
(c) Employee has will have seven (7) calendar days following Employee’s execution of from the date on which Employee signs this Agreement to revoke Employee’s consent to the terms of this Agreement Agreement. Such revocation must be in writing to J▇▇▇▇▇▇▇ Y▇ ▇▇▇▇▇ at j▇▇▇▇▇▇▇and must be addressed as follows: [INSERT NAME AND APPROPRIATE ADDRESS]. Notice of such revocation must be received within the seven (7) calendar days referenced above.▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ (“Revocation Period”);
(d) In the event of such revocation by Employee, this Agreement shall not become effective and Employee shall not have any of the rights under Section 2(e) or Section 3(b) of the Retention Agreement, nor shall the Employee be effective until after entitled to any of the Revocation Period has expired; and payments or benefits set forth in Section 2(e) or Section 3(b) of the Retention Agreement.
(e) nothing in Provided that Employee does not revoke this Agreement prevents or precludes 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, or costs for doing so, unless specifically authorized by federal law. 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 knowingly, freely and voluntarily chosen to waive within the time period allotted for considering this Agreement. Employee acknowledges and understands that any revocation of set forth in Section 2(c) above, this Agreement must be accomplished by a written notification to the person executing this Agreement shall become effective on the Company’s behalf that is received prior to eighth calendar day after the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day review period. date upon which Employee and the Company expressly declare and represent that they have read and understood the meaning of the terms and conditions contained in this Agreement, and that they have had the opportunity to consult with legal counsel prior to executing this Agreement. Employee may not sign this Agreement prior to the Separation Date and this Agreement will expire if not executed by August 9, 2024. Employee and the Company further declare andsigns it.
Appears in 1 contract
Consideration and Revocation Period. Employee understands and acknowledges that Employee is waiving and releasing any rights Employee may have (including those revoke his release of claims, insofar as it extends to potential claims under the Age Discrimination in Employment Act Act, by informing the Company of 1967 his intent to revoke his release within seven (“ADEA”)), 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 claims that may arise under the ADEA after the date Employee signs 7) calendar days following his execution of this Agreement. 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 Agreement; (b) Employee has twenty-one (21) days within which to consider this Agreement; (c) Employee has seven (7) days following Employee’s execution of this Agreement to revoke this Agreement any such revocation must be in writing and delivered by hand or by certified mail - return receipt requested - within the applicable period to JVice President, Legal Affairs, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ Y▇ ▇▇▇▇▇ at j▇▇▇▇▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ (“Revocation Period”); (d) . Employee understands that if Employee exercises his right to revoke, then the Company will have no obligations under this Agreement to Employee or to others whose rights derive from his. The Agreement shall not become effective or enforceable, until the revocation period identified above has expired. The terms of this Agreement shall not be effective until after the Revocation Period has expired; open for acceptance by Employee for a period of twenty-one (21) calendar days, Employee understands that he should, and (e) nothing in this Agreement prevents or precludes 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, or costs for doing so, unless specifically authorized by federal law. In the event Employee signs this Agreement and returns it to the Company in less than hereby advises him to, consult with legal counsel regarding the 21-day period identified above, releases contained herein and to consider whether to accept the Company’s offer and sign the Agreement. Employee hereby acknowledges that Employee it has knowingly, freely and voluntarily chosen been his decision alone whether or not to waive the time period allotted for considering consult with counsel regarding this Agreement. Employee acknowledges and understands that any revocation of no proposal or actual change that he or his counsel makes with respect to this Agreement must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received prior to the Effective Date. The Parties agree that changes, whether material or immaterial, do not will restart the running 21-day period. Employee acknowledges that he was permitted to use as much of the 21-day review period. Employee and the Company expressly declare and represent that they have read and understood the meaning of the terms and conditions contained in this Agreement, and that they have had the opportunity to consult with legal counsel consideration period as he wished prior to executing this Agreement. signing, but by his signature below Employee may not sign acknowledges that he has chosen to voluntarily execute this Agreement prior earlier and to waive the Separation Date and this Agreement will expire if not executed by August 9, 2024. Employee and the Company further declare andremaining days of such 21-day period.
Appears in 1 contract
Sources: Separation Agreement (U.S. Auto Parts Network, Inc.)
Consideration and Revocation Period. Employee understands By signing this Release, Executive represents and acknowledges that Employee is waiving and releasing any rights Employee may have warrants that:
(including those under a) Under the Federal Age Discrimination in Employment Act of 1967 (“ADEA”))1967, as amended, and the applicable rules and regulations promulgated thereunder, the Company advises Executive 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 claims that may arise under the ADEA after the date Employee signs this Agreement. 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 he should consult with an attorney prior to independent counsel before executing this AgreementRelease; (b) Employee and Executive acknowledges that he has been so advised. Executive further acknowledges that he has had at least [twenty-one (21) 21)][forty-five (45)] days within which to consider this AgreementRelease before signing it and Executive further acknowledges that if he signs this Release prior to the expiration of the [twenty-one (21)][forty-five (45)] day period, Executive waives the remainder of that period.
(b) Executive acknowledges that he has carefully read this Release in its entirety; that he has had an adequate opportunity to consider it; that he understands all its terms; and that he knowingly and voluntarily assents to all the terms and conditions contained herein, including, without limitation, the waiver and release contained herein.
(c) Employee Executive further acknowledges that he has seven (7) calendar days following Employee’s execution of the date he signs this Agreement Release to revoke it and this Release shall not become effective until the eighth (8th) day following the date on which Executive signs this Release. Executive understands that if he wishes to revoke this Agreement in writing Release, Executive must deliver written notice of revocation (which may be by email), stating Executive’s intent to J▇▇▇▇▇▇▇ Y▇ ▇▇▇▇▇ at j▇▇▇▇▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ revoke this Release on or before 5:00 p.m. (“Revocation Period”); PST) of the seventh (d7th) this Agreement shall not be effective until day after the Revocation Period has expired; and (e) nothing in date on which Executive signs this Agreement prevents Release to [TITLE], at [ADDRESS]. Executive acknowledges that if Executive revokes this Release, Executive will not receive any payments or precludes Employee from challenging or seeking a determination in good faith benefits pursuant to Section IV.D.[2][3] of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event 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 knowingly, freely and voluntarily chosen to waive the time period allotted for considering this Employment Agreement. Employee acknowledges and understands that any revocation of this Agreement must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received prior to the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day review period. Employee and the Company expressly declare and represent that they have read and understood the meaning of the terms and conditions contained in this Agreement, and that they have had the opportunity to consult with legal counsel prior to executing this Agreement. Employee may not sign this Agreement prior to the Separation Date and this Agreement will expire if not executed by August 9, 2024. Employee and the Company further declare and.
Appears in 1 contract
Consideration and Revocation Period. Employee understands and acknowledges that Employee is waiving and releasing any rights Employee may have (including those under the Age Discrimination in Employment Act of 1967 (“ADEA”)), 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 claims that may arise under the ADEA after the date Employee signs this Agreement. 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 Agreement; (b) Employee has twenty-one (21) days within which to consider this Agreement; (c) Employee has seven (7) days following Employee’s execution of this Agreement to revoke this Agreement in writing to J▇▇▇▇▇▇▇▇ Y▇▇ ▇▇▇▇▇ at j▇▇▇▇▇▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ (“Revocation Period”)▇; (d) this Agreement shall not be effective until after the Revocation Period revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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, or costs for doing so, unless specifically authorized by federal law. 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 knowingly, freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Employee acknowledges and understands that any revocation of this Agreement must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received prior to the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day review period. Employee and the Company expressly declare and represent that they have read and understood the meaning of the terms and conditions contained in this Agreement, and that they have had the opportunity to consult with legal counsel prior to executing this Agreement. Employee may not sign this Agreement prior to the Separation Date and this Agreement will expire if not executed by August 925, 20242023. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] ▇▇▇▇-▇▇▇▇-▇▇▇▇.2 147381400.4 Employee and the Company further declare and
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