Common use of Review and Revocation Period Clause in Contracts

Review and Revocation Period. (a) Employee hereby certifies that Employee has read the terms of this Agreement, that Employee has been informed by the Company that Employee should discuss this Agreement with an attorney of Employee’s own choice, and that Employee understands its terms and effects. Employee further certifies that Employee has the intention of releasing all claims recited herein in exchange for the consideration described herein, which Employee acknowledges as adequate and satisfactory to Employee. (b) Employee hereby certifies that Employee is signing and entering into this Agreement as a free and voluntary act without duress or undue pressure or influence of any kind or nature whatsoever and has not relied on any promises, representations or warranties regarding the subject matter hereof other than as set forth in this Agreement. (c) Employee acknowledges that Employee has been given the right to consider this Agreement for a period of at least forty-five (45) days prior to entering into the Agreement. Employee further understands that Employee may take as much of this 45-day period of time to consider this Agreement as Employee wishes before signing this Agreement, and Employee expressly acknowledges that Employee has taken sufficient time to consider this Agreement before signing it. (d) Employee further acknowledges that Employee has the right to revoke this Agreement within seven (7) days of its execution by giving written notice of such revocation by hand delivery or fax to the Company, Attention ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (fax no. ▇▇▇-▇▇▇-▇▇▇▇). This Agreement will not become effective or binding on the parties until the eighth (8th) day after it is signed by Employee. Employee understands that if Employee revokes the Agreement under this Section, this Agreement will become null and void and Employee will not be entitled to any benefits conferred by this Agreement including the payments set forth in Section 2. (e) Employee acknowledges that Employee has been previously informed in writing by the Company of the criteria for eligibility for the separation benefits for which Employee is eligible, and which Employee will receive as a result of entering into this Agreement. He certifies that he has been informed that in order to be eligible for such separation benefits, individuals must have been separated by the Company in connection with the September, 2005 reduction-in-force. Employee certifies that the Company has provided him in writing, information concerning (i) the group of individuals covered by this employment termination program by job title, and (ii) the job titles and ages of individuals selected for the program and of individuals who were not selected for the program.

Review and Revocation Period. [Note: The following bracketed provisions (a2 sentences re: identifying reasons for termination and persons affected) Employee hereby certifies are to be included ONLY if employee is age 40 or over and is being terminated as part of a group (as defined by ADEA regulations)]. [Executive acknowledges and agrees that Employee has read the terms of this Agreement, that Employee Release has been informed entered into by the Company that Employee should discuss this Agreement with an attorney of Employee’s own choice, Executive and that Employee understands its terms and effects. Employee further certifies that Employee has the intention of releasing all claims recited herein in exchange for the consideration described herein, which Employee acknowledges as adequate and satisfactory to Employee. (b) Employee hereby certifies that Employee is signing and entering into this Agreement as a free and voluntary act without duress or undue pressure or influence of any kind or nature whatsoever and has not relied on any promises, representations or warranties regarding the subject matter hereof other than as set forth in this Agreement. (c) Employee acknowledges that Employee has been given the right to consider this Agreement for a period of at least forty-five (45) days prior to entering into the Agreement. Employee further understands that Employee may take as much of this 45-day period of time to consider this Agreement as Employee wishes before signing this Agreement, and Employee expressly acknowledges that Employee has taken sufficient time to consider this Agreement before signing it. (d) Employee further acknowledges that Employee has the right to revoke this Agreement within seven (7) days of its execution by giving written notice of such revocation by hand delivery or fax to the Company, Attention ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (fax no. ▇▇▇-▇▇▇-▇▇▇▇). This Agreement will not become effective or binding on the parties until the eighth (8th) day after it is signed by Employee. Employee understands that if Employee revokes the Agreement under this Section, this Agreement will become null and void and Employee will not be entitled to any benefits conferred by this Agreement including the payments set forth in Section 2. (e) Employee acknowledges that Employee has been previously informed in writing by the Company of the criteria for eligibility for the separation benefits for which Employee is eligible, and which Employee will receive as a result of entering into this Agreement. He certifies that he has been informed that in order to be eligible for such separation benefits, individuals must have been separated by the Company in connection with the September, 2005 reduction-in-force[describe event necessitating termination and identifying individuals affected thereby]. Employee certifies Executive acknowledges that the Company Executive has provided him been informed in writing, information concerning (i) the group as set forth on Attachment A hereto, of individuals covered by this employment termination program by job title, and (ii) the job titles and ages of individuals selected for all employees who are being offered similar severance benefits, as well as the program ages of all employees in the same job classification or category or organizational unit who are not being terminated or offered similar severance benefits.] Executive acknowledges that the Company has advised Executive that Executive may consult with an attorney of Executive's own choosing (and at Executive's expense) prior to signing this Release and that Executive has been given [at least twenty-one (21)/forty-five (45)] days during which to consider the provisions of individuals who were this Release, although Executive may sign and return it sooner. [The following bracketed language is to be included if Executive is 40 or over at time Release is presented. If termination is part of a group, the applicable review period is 45 days; if termination is solo, the applicable review period is 21 days. If Executive is under 40, Executive may have a review period that is less than 21 days, without a right to revoke.] [To the extent that Executive takes less than [twenty-one (21)/forty-five (45)] days to consider this Release before signing it, Executive acknowledges and agrees that Executive has had sufficient time to consider this Release with an attorney and that Executive expressly, voluntarily and knowingly waives any additional time. Executive further acknowledges that Executive has been advised by the Company that after executing this Release, Executive will have seven (7) days to revoke this Release, and that this Release shall not selected for become effective or enforceable until such seven (7)-day revocation period has expired. Executive acknowledges and agrees that if Executive wishes to revoke this Release, Executive must do so in writing, and that such revocation must be signed by Executive and received by [a specific person] at [the programCompany] no later than 5:00 p.m. Pacific Standard Time on the seventh (7th) day after Executive has executed this Release. Executive acknowledges and agrees that, in the event that Executive revokes this Release, Executive will have no right to receive any benefits hereunder, including the Severance.] Executive represents that Executive has read this Release and understands its terms and enters into this Release freely, voluntarily, and without coercion.

Review and Revocation Period. [Note: The following bracketed provisions (a2 sentences re: identifying reasons for termination and persons affected) Employee hereby certifies are to be included ONLY if employee is age 40 or over and is being terminated as part of a group (as defined by ADEA regulations)]. [Advisor acknowledges and agrees that Employee has read the terms of this Agreement, that Employee Release has been informed entered into by the Company that Employee should discuss this Agreement with an attorney of Employee’s own choice, Advisor and that Employee understands its terms and effects. Employee further certifies that Employee has the intention of releasing all claims recited herein in exchange for the consideration described herein, which Employee acknowledges as adequate and satisfactory to Employee. (b) Employee hereby certifies that Employee is signing and entering into this Agreement as a free and voluntary act without duress or undue pressure or influence of any kind or nature whatsoever and has not relied on any promises, representations or warranties regarding the subject matter hereof other than as set forth in this Agreement. (c) Employee acknowledges that Employee has been given the right to consider this Agreement for a period of at least forty-five (45) days prior to entering into the Agreement. Employee further understands that Employee may take as much of this 45-day period of time to consider this Agreement as Employee wishes before signing this Agreement, and Employee expressly acknowledges that Employee has taken sufficient time to consider this Agreement before signing it. (d) Employee further acknowledges that Employee has the right to revoke this Agreement within seven (7) days of its execution by giving written notice of such revocation by hand delivery or fax to the Company, Attention ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (fax no. ▇▇▇-▇▇▇-▇▇▇▇). This Agreement will not become effective or binding on the parties until the eighth (8th) day after it is signed by Employee. Employee understands that if Employee revokes the Agreement under this Section, this Agreement will become null and void and Employee will not be entitled to any benefits conferred by this Agreement including the payments set forth in Section 2. (e) Employee acknowledges that Employee has been previously informed in writing by the Company of the criteria for eligibility for the separation benefits for which Employee is eligible, and which Employee will receive as a result of entering into this Agreement. He certifies that he has been informed that in order to be eligible for such separation benefits, individuals must have been separated by the Company in connection with the September, 2005 reduction-in-force[describe event necessitating termination and identifying individuals affected thereby]. Employee certifies Advisor acknowledges that the Company Advisor has provided him been informed in writing, information concerning (i) the group as set forth on Attachment A hereto, of individuals covered by this employment termination program by job title, and (ii) the job titles and ages of individuals selected for all employees who are being offered similar severance benefits, as well as the program ages of all employees in the same job classification or category or organizational unit who are not being terminated or offered similar severance benefits.] Advisor acknowledges that the Company has advised Advisor that Advisor may consult with an attorney of Advisor’s own choosing (and at Advisor’s expense) prior to signing this Release and that Advisor has been given [at least twenty-one (21)/forty-five (45)] days during which to consider the provisions of individuals who were this Release, although Advisor may sign and return it sooner. [The following bracketed language is to be included if Advisor is 40 or over at time Release is presented. If termination is part of a group, the applicable review period is 45 days; if termination is solo, the applicable review period is 21 days. If Advisor is under 40, Advisor may have a review period that is less than 21 days, without a right to revoke.] [To the extent that Advisor takes less than [twenty-one (21)/forty-five (45)] days to consider this Release before signing it, Advisor acknowledges and agrees that Advisor has had sufficient time to consider this Release with an attorney and that Advisor expressly, voluntarily and knowingly waives any additional time. Advisor further acknowledges that Advisor has been advised by the Company that after executing this Release, Advisor will have seven (7) days to revoke this Release, and that this Release shall not selected for become effective or enforceable until such seven (7)-day revocation period has expired. Advisor acknowledges and agrees that if Advisor wishes to revoke this Release, Advisor must do so in writing, and that such revocation must be signed by Advisor and received by [a specific person] at [the programCompany] no later than 5:00 p.m. Pacific Standard Time on the seventh (7th) day after Advisor has executed this Release. Advisor acknowledges and agrees that, in the event that Advisor revokes this Release, Advisor will have no right to receive any benefits hereunder, including the Severance.] Advisor represents that Advisor has read this Release and understands its terms and enters into this Release freely, voluntarily, and without coercion.

Review and Revocation Period. Employee acknowledges that (i) Employee has not relied upon any representations, written or oral, not set forth in this Agreement and (ii) at the time Employee was given this Agreement, including the Waivers and Releases contained herein, Employee was informed in writing by the Company that (a) Employee hereby certifies that had at least twenty-one (21) days in which to consider whether Employee has read the terms of would sign this Agreement, that Employee has been informed by the Company that Employee should discuss this Agreement with an attorney of Employee’s own choice, and that Employee understands its terms and effects. Employee further certifies that Employee has the intention of releasing all claims recited herein in exchange for the consideration described herein, which Employee acknowledges as adequate and satisfactory to Employee. (b) Employee hereby certifies to the extent that Employee is signing and entering into takes less than twenty-one (21) days to consider this Agreement as a free and voluntary act without duress or undue pressure or influence of any kind or nature whatsoever and has not relied on any promisesprior to execution, representations or warranties regarding the subject matter hereof other than as set forth in this Agreement. (c) Employee acknowledges that Employee has been given the right to consider this Agreement for a period of at least forty-five (45) days prior to entering into the Agreement. Employee further understands that Employee may take as much of this 45-day period of had sufficient time to consider this Agreement as with counsel and that Employee wishes expressly, voluntarily and knowingly waives any additional time, (c) Employee should consult with an attorney before signing this Agreement, and Employee expressly acknowledges that Employee has taken sufficient time to consider this Agreement before signing it. (d) Employee had an opportunity to consult with an attorney or has voluntarily decided to sign this Agreement without consulting an attorney. Employee further acknowledges that he may revoke acceptance of this Agreement, including the Waivers and Releases contained herein, by delivering a letter of revocation no later than 5:00 p.m. Pacific Standard Time on the seventh (7th) day after Employee has the right to revoke signed this Agreement within seven (7) days of its execution by giving written notice of such revocation by hand delivery or fax to the Companyto: Health Net Corporate Legal Department, Attention ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (fax no. ▇▇▇-▇▇▇-, ▇▇▇▇)▇▇▇▇▇▇ ▇▇▇▇▇. This Agreement Employee acknowledges that he understands that this Agreement, including the Waivers and Releases contained herein, will not become effective or binding on the parties enforceable until the eighth date on which such seven (8th7) day after it is signed by Employeeday-revocation period has expired (the "Effective Date") except as otherwise set forth herein. Employee understands further agrees that if Employee in the event that he revokes this Agreement, it shall have no force or effect except to the Agreement under this Section, this Agreement will become null and void and Employee will not be entitled to any benefits conferred by this Agreement including the payments set forth in Section 2. (e) Employee acknowledges that Employee has been previously informed in writing by the Company of the criteria for eligibility for the separation benefits for which Employee is eligibleextent otherwise expressly stated herein, and which Employee will he shall have no right to receive as a result of entering into this Agreement. He certifies that he has been informed that in order to be eligible for such separation benefits, individuals must have been separated by the Company in connection with the September, 2005 reduction-in-force. Employee certifies that the Company has provided him in writing, information concerning (i) the group of individuals covered by this employment termination program by job title, and (ii) the job titles and ages of individuals selected for the program and of individuals who were not selected for the programany payment hereunder.

Review and Revocation Period. Employee represents, acknowledges and agrees that: a. Employee is voluntarily entering into and signing this Agreement; b. The claims waived, released, and discharged in Paragraph 3 include any and all claims Employee has or may have arising out of or related to Employee’s employment with Company and the termination of that employment, including any and all claims under the Age Discrimination in Employment Act (athe “ADEA”); c. Those claims waived, released, and discharged in Paragraph 3 do not include, and Employee is not waiving, releasing, or discharging, any claims that may arise after the Signature Date; d. The payments and benefits provided or to be provided to Employee pursuant to the provisions of Paragraph 2(b) Employee hereby certifies above constitute consideration that Employee has read was not entitled to receive before the terms of this Agreement, that Effective Date (defined in subparagraph (g) below); e. Employee has been informed by the Company that Employee should discuss this Agreement with an attorney of Employee’s own choice, and that Employee understands its terms and effects. Employee further certifies that Employee has the intention of releasing all claims recited herein in exchange for the consideration described herein, was given twenty-one (21) days within which Employee acknowledges as adequate and satisfactory to Employee. (b) Employee hereby certifies that Employee is signing and entering into this Agreement as a free and voluntary act without duress or undue pressure or influence of any kind or nature whatsoever and has not relied on any promises, representations or warranties regarding the subject matter hereof other than as set forth in this Agreement. (c) Employee acknowledges that Employee has been given the right to consider this Agreement for a period (the “Review Period”); f. The Company advised Employee of at least forty-five (45) days prior Employee’s right to entering into the Agreement. Employee further understands that Employee may take as much of this 45-day period of time to consider this Agreement as Employee wishes before signing this Agreement, and Employee expressly acknowledges that Employee has taken sufficient time to consider consult with an attorney regarding this Agreement before signing it.executing the Agreement and encouraged Employee to exercise that right; (d) Employee further acknowledges that Employee has the right to revoke g. The date of Employee’s signature on this Agreement within is the “Signature Date” and the seven (7) days of its execution day period immediately following the Signature Date is the “Revocation Period”. Employee may revoke this Agreement at any time during the Revocation Period by giving providing written notice of such revocation by hand delivery or fax to as set forth in Paragraph 13 below no later than 5:00 p.m. on the Company, Attention ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (fax no. ▇▇▇-▇▇▇-▇▇▇▇)last day of the Revocation Period. This Agreement document will not become effective or binding on the parties enforceable until the eighth (8th) first day after it the expiration of the Revocation Period, which date is signed by Employee. Employee understands that if Employee revokes the Agreement under this Section, this Agreement will become null and void and Employee will not be entitled to any benefits conferred by this Agreement including the payments set forth in Section 2.Agreement’s “Effective Date”; and (e) Employee acknowledges that h. Employee has been previously informed in writing by the Company of the criteria for eligibility for the separation benefits for which carefully read this document (or, where applicable, Employee is eligible, has had this document read to Employee) and which Employee will receive as a result of entering into this Agreement. He certifies that he has been informed that in order to be eligible for such separation benefits, individuals must have been separated by the Company in connection with the September, 2005 reduction-in-force. Employee certifies that the Company has provided him in writing, information concerning (i) the group of individuals covered by this employment termination program by job title, fully understands each and (ii) the job titles and ages of individuals selected for the program and of individuals who were not selected for the programevery term.

Review and Revocation Period. (a) Employee hereby certifies that Employee has read the terms of this Agreement, that Employee has been informed by the Company that Employee should discuss this Agreement with an attorney of Employee’s own choice, and that Employee understands its terms and effects. Employee further certifies that Employee has the intention of releasing all claims recited herein in exchange for the consideration described herein, which Employee acknowledges as adequate and satisfactory You may take up to Employee. twenty-one (b21) Employee hereby certifies that Employee is signing and entering into this Agreement as a free and voluntary act without duress or undue pressure or influence of any kind or nature whatsoever and has not relied on any promises, representations or warranties regarding the subject matter hereof other than as set forth in this Agreement. (c) Employee acknowledges that Employee has been given the right calendar days to consider whether to sign and return this Agreement for a period Release to Chairman of at least forty-five the Board of Directors (45) days prior to entering into the Agreement. Employee further understands that Employee may take as much of this 45-day period of time to consider this Agreement as Employee wishes before signing this Agreement“Chairman”), and Employee expressly acknowledges that Employee has taken sufficient time to consider this Agreement before signing it. (d) Employee further acknowledges that Employee has the right to revoke this Agreement within seven (7) days of its execution by giving written notice of such revocation by hand delivery or fax to the CompanyAllied Capital Corporation, Attention ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (fax no. , ▇▇▇-▇▇▇-, ▇▇▇▇)▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. This Agreement If you choose to sign the Release before the twenty-one (21) day period ends, you hereby represent that you did so voluntarily for your own benefit without pressure from the Company. If you fail to return to the Chairman a signed copy of the Release within twenty-one (21) days of receiving it, you shall not be entitled to any payment under Section 6 of your Employment Agreement. You hereby acknowledge that you have been advised by the Company to review this Release with an attorney before you sign it. (b) If you sign this Release within the twenty-one (21) day period, you then will have seven (7) calendar days in which to revoke the Release by having a written revocation delivered to the Chairman before the end of such seven-day period. If you timely revoke this Release, this Release will be null and void and you will not become effective or be entitled to any payment under Section 6 of your Employment Agreement. If the Chairman does not receive your revocation of this Release within the seven (7) day period after you sign it, the Release will be final and binding on the parties until the eighth (8th) day after you sign it is signed by Employee(“Effective Date”). Employee understands that if Employee revokes ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Date The Parties agree to comply with the Agreement under this Section, this Agreement will become null and void and Employee will not be entitled following procedures (“Procedures”) with regard to any benefits conferred dispute that is required by this Section 13(b) of the Employment Agreement including the payments set forth in Section 2between ▇▇▇▇ ▇▇▇▇▇▇▇▇ and Allied Capital Corporation to be submitted for arbitration for final resolution. (e1) Employee acknowledges The party claiming to be aggrieved shall furnish to the other a written statement of the grievance, all persons whose testimony would support the grievance, and the relief requested or proposed. The written statements must be delivered to the other party within the earlier of the time limits for bringing an administrative and the time limits for bringing a court action based on that Employee has been previously informed in writing claim. (2) If the other party does not agree to furnish the relief requested or proposed, or otherwise does not satisfy the demand of the party claiming to be aggrieved within 30 days and the aggrieved party wishes to pursue the issue, the aggrieved party shall by written notice demand that the dispute be submitted to non-binding mediation before a mediator jointly selected by the Company Parties. If the Parties cannot otherwise agree to a mediator, the Parties shall request a list of nine mediators in Washington, D.C. from the American Arbitration Association and select by alternately striking names with the aggrieved party striking the first name. The mediation shall be held at a mutually agreeable location in Washington, D.C. (3) If the mediation does not produce a resolution of the criteria for eligibility for dispute and either party wishes to pursue the separation benefits for which Employee issue, that party shall request arbitration of the dispute by giving written notice to the other party within 30 days after the mediation. The Parties will attempt to agree on a mutually acceptable arbitrator. If the Parties cannot otherwise agree on an arbitrator, the Parties shall request a list of nine arbitrators in Washington, D.C. from the American Arbitration Association and select by alternately striking names with the aggrieved party striking the first name. Regardless of whether the American Arbitration Association administers the arbitration, the arbitration shall be conducted consistent with the American Arbitration Association’s then current rules governing employment disputes (“Rules”). If there is eligibleany conflict between those Rules and the Procedures, the Procedures shall govern. The arbitrator shall have authority to decide whether the conduct complained of under Section (1) above violates the rights of the Parties as provided by the applicable law. In any such arbitration proceeding, any hearing must be transcribed by a certified court reporter and which Employee will receive any decision must be supported by written findings of fact and conclusions of law. The arbitrator’s findings of fact must be supported by substantial evidence on the record as a result whole and the conclusions of entering into this law and any remedy must be provided for by and consistent with the laws of the District of Columbia and federal law. The arbitrator shall have no authority to add to, modify, change or disregard any lawful term of the Agreement. He certifies that he has been informed that Any arbitration proceedings shall be held at a mutually agreeable location in order to be eligible for such separation benefitsWashington, individuals must have been separated by the Company in connection with the September, 2005 reduction-in-force. Employee certifies that the Company has provided him in writing, information concerning (i) the group of individuals covered by this employment termination program by job title, and (ii) the job titles and ages of individuals selected for the program and of individuals who were not selected for the program.D.C.

Review and Revocation Period. Employee acknowledges that (i) Employee has not relied upon any representations, written or oral, not set forth in this Agreement and (ii) at the time Employee was given this Agreement, including the Waivers and Releases contained herein, Employee was informed in writing by the Company that (a) Employee hereby certifies that had at least twenty-one (21) days in which to consider whether Employee has read the terms of would sign this Agreement, that Employee has been informed by the Company that Employee should discuss this Agreement with an attorney of Employee’s own choice, and that Employee understands its terms and effects. Employee further certifies that Employee has the intention of releasing all claims recited herein in exchange for the consideration described herein, which Employee acknowledges as adequate and satisfactory to Employee. (b) Employee hereby certifies to the extent that Employee is signing and entering into takes less than twenty-one (21) days to consider this Agreement as a free and voluntary act without duress or undue pressure or influence of any kind or nature whatsoever and has not relied on any promisesprior to execution, representations or warranties regarding the subject matter hereof other than as set forth in this Agreement. (c) Employee acknowledges that Employee has been given the right to consider this Agreement for a period of at least forty-five (45) days prior to entering into the Agreement. Employee further understands that Employee may take as much of this 45-day period of had sufficient time to consider this Agreement as with counsel and that Employee wishes expressly, voluntarily and knowingly waives any additional time, (c) Employee should consult with an attorney before signing this Agreement, and Employee expressly acknowledges that Employee has taken sufficient time to consider this Agreement before signing it. (d) Employee had an opportunity to consult with an attorney or has voluntarily decided to sign this Agreement without consulting an attorney. Employee further acknowledges that he may revoke acceptance of this Agreement, including the Waivers and Releases contained herein, by delivering a letter of revocation no later than 5:00 p.m. Pacific Standard Time on the seventh (7th) day after Employee has the right to revoke signed this Agreement within seven (7) days of its execution by giving written notice of such revocation by hand delivery or fax to the Companyto: Health Net Corporate Legal Department, Attention ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (fax no. ▇▇▇-▇▇▇-, ▇▇▇▇)▇▇▇▇▇▇ ▇▇▇▇▇. This Agreement Employee acknowledges that he understands that this Agreement, including the Waivers and Releases contained herein, will not become effective or binding on the parties enforceable until the eighth date on which such seven (8th7) day after it is signed by Employeeday-revocation period has expired (the "Effective Date"). Employee understands further agrees that if Employee in the event that he revokes this Agreement, it shall have no force or effect except to the Agreement under this Section, this Agreement will become null and void and Employee will not be entitled to any benefits conferred by this Agreement including the payments set forth in Section 2. (e) Employee acknowledges that Employee has been previously informed in writing by the Company of the criteria for eligibility for the separation benefits for which Employee is eligibleextent otherwise expressly stated herein, and which Employee will he shall have no right to receive as a result of entering into this Agreement. He certifies that he has been informed that in order to be eligible for such separation benefits, individuals must have been separated by the Company in connection with the September, 2005 reduction-in-force. Employee certifies that the Company has provided him in writing, information concerning (i) the group of individuals covered by this employment termination program by job title, and (ii) the job titles and ages of individuals selected for the program and of individuals who were not selected for the programany payment hereunder.

Review and Revocation Period. Employee and the Company each acknowledges that each is waiving any rights under the ADEA and the Older Worker's Benefit Protection Act that each may have and, therefore, in compliance with those statutes, further acknowledges that each has twenty-one (a21) Employee hereby certifies that Employee has read the terms calendar days after receipt of this AgreementAgreement to consider whether to sign it, and that Employee each has been informed by advised that either or both of the Company that or Employee should discuss this Agreement may consult with an attorney of Employee’s own choice, and that Employee understands its terms and effects. Employee further certifies that Employee has the intention of releasing all claims recited herein in exchange for the consideration described herein, which Employee acknowledges as adequate and satisfactory each's choosing prior to Employee. (b) Employee hereby certifies that Employee is signing and entering into returning this Agreement. The Company and Employee each acknowledges that each may reconsider having executed this Agreement as a free and voluntary act without duress or undue pressure or influence of any kind or nature whatsoever and has not relied on any promises, representations or warranties regarding the subject matter hereof other than as set forth in this Agreement. (c) Employee acknowledges that Employee has been given the right to consider this Agreement for a period of at least forty-five (45) days prior to entering into the Agreement. Employee further understands that Employee may take as much of this 45-day period of time to consider this Agreement as Employee wishes before signing this Agreement, and Employee expressly acknowledges that Employee has taken sufficient time to consider this Agreement before signing it. (d) Employee further acknowledges that Employee has the right to revoke this Agreement within at any time during the seven (7) calendar days after either has signed this Agreement, in which case none of its execution by giving written notice the provisions of such revocation by hand delivery or fax to the Company, Attention ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (fax no. ▇▇▇-▇▇▇-▇▇▇▇). This Agreement will not become effective or binding on the parties until the eighth (8th) day after it is signed by Employee. Employee understands that if Employee revokes the Agreement under this Section, this Agreement will become null and void and Employee will not be entitled to have any benefits conferred by this Agreement including the payments set forth in Section 2. (e) effect. Employee acknowledges and agrees that if he wishes to revoke this Agreement, he must do so in writing, and that such revocation must be signed by Employee and received by the Company's General Counsel no later than 5:00 P.M. Pacific Time on the seventh (7th) calendar day after Employee has been previously informed in writing by the Company of the criteria for eligibility for the separation benefits for which Employee is eligible, and which Employee will receive as a result of entering into signed this Agreement. He certifies Similarly, the Company acknowledges and agrees that he has been informed if it wishes to revoke this Agreement, it must do so in writing, and that in order to such revocation must be eligible for such separation benefits, individuals must have been separated signed by a representative of the Company and received by the Company in connection with Employee no later than 5:00 P.M. Pacific Time on the September, 2005 reduction-in-force. Employee certifies that seventh (7th) calendar day after the Company has provided him signed this Agreement. Employee acknowledges and agrees that, in writingthe event Employee revokes this Agreement, information concerning (i) he shall have no right to receive the group of individuals covered by Separation Payment specified herein. The Company likewise acknowledges and agrees that, in the event the Company revokes this employment termination program by job titleAgreement, and (ii) it shall have no obligation to make to Employee the job titles and ages of individuals selected for the program and of individuals who were not selected for the programSeparation Payment specified herein.

Review and Revocation Period. (a) Employee Executive hereby certifies that Employee Executive has read the terms of this Severance Agreement, that Employee Executive has been informed by the Company that Employee Executive should discuss this Severance Agreement with an attorney of EmployeeExecutive’s own choice, that Executive in fact has consulted with her attorney on this matter, and that Employee Executive understands its terms and effects. Employee Executive further certifies that Employee Executive has the intention of releasing all claims recited herein in exchange for the consideration described herein, which Employee Executive acknowledges as adequate and satisfactory to EmployeeExecutive. (b) Employee Executive hereby certifies that Employee Executive is signing and entering into this Severance Agreement as a free and voluntary act without duress or undue pressure or influence of any kind or nature whatsoever and has not relied on any promises, representations or warranties regarding the subject matter hereof other than as set forth in this Severance Agreement. (c) Employee Executive acknowledges that Employee Executive has been given the right to consider this Severance Agreement for a period of at least forty-five (45) days prior to entering into the Severance Agreement. Employee Executive further understands that Employee Executive may take as much of this 45-day period of time to consider this Severance Agreement as Employee Executive wishes before signing this Severance Agreement, and Employee Executive expressly acknowledges that Employee Executive has taken sufficient time to consider this Severance Agreement before signing it. (d) Employee Executive further acknowledges that Employee Executive has the right to revoke this Severance Agreement within seven (7) days of its execution by giving written notice of such revocation by hand delivery or fax to the Company, Attention ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (fax no. ▇▇▇-▇▇▇-▇▇▇▇). This Severance Agreement will not become effective or binding on the parties until the eighth (8th) day after it is signed by EmployeeExecutive. Employee Executive understands that if Employee Executive revokes the Severance Agreement under this Sectionparagraph, this Severance Agreement will become null and void and Employee Executive will not be entitled to any additional benefits conferred by this Severance Agreement including the payments and benefits set forth in Section 23. (e) Employee Executive acknowledges that Employee Executive has been previously informed in writing by the Company of the criteria for eligibility for the separation benefits for which Employee Executive is eligible, and which Employee Executive will receive as a result of entering into this Severance Agreement. He Executive certifies that he she has been informed that in order to be eligible for such separation benefits, individuals must have been separated by the Company in connection with the September, 2005 reduction-in-force. Employee Executive certifies that the Company has provided him her in writing, information concerning (i) the group of individuals covered by this employment termination program by job title, and (ii) the job titles and ages of individuals selected for the program and of individuals who were not selected for the program.

Review and Revocation Period. Employee acknowledges that (i) Employee has not relied upon any representations, written or oral, not set forth in this Agreement and (ii) at the time Employee was given this Agreement, including the Waivers and Releases contained herein, Employee was informed in writing by the Company that (a) Employee hereby certifies that had at least twenty-one (21) days in which to consider whether Employee has read the terms of would sign this Agreement, that Employee has been informed by the Company that Employee should discuss this Agreement with an attorney of Employee’s own choice, and that Employee understands its terms and effects. Employee further certifies that Employee has the intention of releasing all claims recited herein in exchange for the consideration described herein, which Employee acknowledges as adequate and satisfactory to Employee. (b) Employee hereby certifies to the extent that Employee is signing and entering into takes less than twenty-one (21) days to consider this Agreement as a free and voluntary act without duress or undue pressure or influence of any kind or nature whatsoever and has not relied on any promisesprior to execution, representations or warranties regarding the subject matter hereof other than as set forth in this Agreement. (c) Employee acknowledges that Employee has been given the right to consider this Agreement for a period of at least forty-five (45) days prior to entering into the Agreement. Employee further understands that Employee may take as much of this 45-day period of had sufficient time to consider this Agreement as with counsel and that Employee wishes expressly, voluntarily and knowingly waives any additional time, (c) Employee should consult with an attorney before signing this Agreement, and Employee expressly acknowledges that Employee has taken sufficient time to consider this Agreement before signing it. (d) Employee had an opportunity to consult with an attorney or has voluntarily decided to sign this Agreement without consulting an attorney. Employee further acknowledges that she may revoke acceptance of this Agreement, including the Waivers and Releases contained herein, by delivering a letter of revocation no later than 5:00 p.m. Pacific Standard Time on the seventh (7th) day after Employee has the right to revoke signed this Agreement within seven (7) days of its execution by giving written notice of such revocation by hand delivery or fax to the Companyto: Health Net Corporate Legal Department, Attention ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (fax no. ▇▇▇-▇▇▇-, ▇▇▇▇)▇▇▇▇▇▇ ▇▇▇▇▇. This Agreement Employee acknowledges that she understands that this Agreement, including the Waivers and Releases contained herein, will not become effective or binding on the parties enforceable until the eighth date on which such seven (8th7) day after it is signed by Employeeday-revocation period has expired (the "Effective Date") except as otherwise set forth herein. Employee understands further agrees that if Employee in the event that she revokes this Agreement, it shall have no force or effect except to the Agreement under this Section, this Agreement will become null and void and Employee will not be entitled to any benefits conferred by this Agreement including the payments set forth in Section 2. (e) Employee acknowledges that Employee has been previously informed in writing by the Company of the criteria for eligibility for the separation benefits for which Employee is eligibleextent otherwise expressly stated herein, and which Employee will she shall have no right to receive as a result of entering into this Agreement. He certifies that he has been informed that in order to be eligible for such separation benefits, individuals must have been separated by the Company in connection with the September, 2005 reduction-in-force. Employee certifies that the Company has provided him in writing, information concerning (i) the group of individuals covered by this employment termination program by job title, and (ii) the job titles and ages of individuals selected for the program and of individuals who were not selected for the programany payment hereunder.

Review and Revocation Period. (a) Employee hereby certifies Executive acknowledges that Employee has read the terms of this Agreement, that Employee has been informed by (i) the Company that Employee should discuss this Agreement has advised Executive to consult with an attorney of EmployeeExecutive’s own choicechoosing before signing this Supplemental Release, (ii) Executive has been given the opportunity to seek the advice of counsel, (iii) Executive obtained the advice of counsel, (iv) Executive has carefully read and that Employee fully understands its terms all of the provisions of this Supplemental Release, (v) the release provided herein specifically applies to any rights or claims Executive may have against the Releasees pursuant to the ADEA, (vi) Executive is entering into this Supplemental Release knowingly, freely and effects. Employee further certifies that Employee has the intention of releasing all claims recited herein voluntarily in exchange for good and valuable consideration to which Executive is not otherwise entitled, including the consideration described hereinpayment set forth in Section 2(c) of the Separation Agreement, which Employee acknowledges as adequate and satisfactory (vii) Executive has the full power, capacity and authority to Employeeenter into this Supplemental Release. (b) Employee hereby certifies Executive understands and agrees that Employee is Executive has twenty-one (21) days following Executive’s receipt of the Separation Agreement and this Supplemental Release to review this Supplemental Release and its terms and to reflect upon them and consider whether Executive wants to sign it, although Executive may sign it sooner. Executive understands and agrees that Executive may accept this Supplemental Release by signing and entering into this Agreement as a free and voluntary act without duress or undue pressure or influence of any kind or nature whatsoever and has not relied on any promisesreturning it no later than October 17, representations or warranties regarding the subject matter hereof other than as set forth in this Agreement. (c) Employee acknowledges that Employee has been given the right 2021 to consider this Agreement for a period of at least forty-five (45) days prior to entering into the Agreement▇▇▇▇▇ ▇. Employee further understands that Employee may take as much of this 45-day period of time to consider this Agreement as Employee wishes before signing this Agreement▇▇▇▇▇▇▇▇, and Employee expressly acknowledges that Employee has taken sufficient time to consider this Agreement before signing it. (d) Employee further acknowledges that Employee has the right to revoke this Agreement within seven (7) days of its execution by giving written notice of such revocation by hand delivery or fax to the CompanyPartner, Attention Skadden, Arps, Slate, ▇▇▇▇▇▇▇ & ▇▇▇▇ LLP, ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ (fax no. ▇▇▇-▇▇▇-▇▇▇▇, ▇▇ ▇▇▇▇▇ or by e-mail at ▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇. (c) Notwithstanding the initial effectiveness of this Supplemental Release, Executive may revoke the execution and delivery (and therefore the effectiveness) of this Supplemental Release within the seven day period beginning on the date Executive executes and delivers it to the Company (such seven day period being referred to herein as the “Release Revocation Period”). This Agreement will To be effective, such revocation must be in writing signed by Executive and must be delivered to Company before 11:59 p.m., Eastern Standard time, on the last day of the Release Revocation Period. (d) In the event of such revocation by Executive, this Supplemental Release shall be of no force or effect, and Executive shall not have any rights and the Company shall not have any obligations under Section 2(c) of the Separation Agreement. Provided that Executive does not revoke his consent to this Supplemental Release within the Release Revocation Period, this Supplemental Release shall become effective or binding on the parties until the eighth (8th) calendar day after it is signed by Employee. Employee understands that if Employee revokes the Agreement under date upon which he executes this Section, this Agreement will become null and void and Employee will not be entitled to any benefits conferred by this Agreement including Supplemental Release (the payments set forth in Section 2“Supplemental Release Effective Date”). (e) Employee acknowledges that Employee has been previously informed in writing by the Company of the criteria for eligibility for the separation benefits for which Employee is eligible, and which Employee will receive as a result of entering into this Agreement. He certifies that he has been informed that in order to be eligible for such separation benefits, individuals must have been separated by the Company in connection with the September, 2005 reduction-in-force. Employee certifies that the Company has provided him in writing, information concerning (i) the group of individuals covered by this employment termination program by job title, and (ii) the job titles and ages of individuals selected for the program and of individuals who were not selected for the program.

Review and Revocation Period. (a) Employee hereby certifies that Employee has read the terms of this Agreement, that Employee has been informed by the Company that Employee should discuss this Agreement with an attorney of Employee’s own choice, and that Employee understands its terms and effects. Employee further certifies that Employee has the intention of releasing all claims recited herein in exchange for the consideration described herein, which Employee acknowledges as adequate and satisfactory to Employee. (b) Employee hereby certifies that Employee is signing and entering into this Agreement as a free and voluntary act without duress or undue pressure or influence of any kind or nature whatsoever and has not relied on any promises, representations or warranties regarding the subject matter hereof other than as set forth in this Agreement. (c) Employee acknowledges that Employee has been given the right to consider this Agreement for a period of at least You have forty-five (45) days prior to entering into the Agreement. Employee further understands that Employee may take as much following your receipt of this 45-day period of time Agreement to review its terms, including the Release, and to reflect upon them and consider this Agreement as Employee wishes before signing whether you want to sign it, although you may sign it sooner. You understand and agree that you may consent to this Agreement, including the Release, by signing and Employee expressly acknowledges that Employee has taken sufficient time to consider this Agreement before signing it. (d) Employee further acknowledges that Employee has the right to revoke returning this Agreement within seven (7) days of its execution by giving written notice of such revocation by hand delivery or fax the applicable time frame to the CompanyGeneral Counsel, Attention Rite Aid Corporation, ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (fax no. ▇▇▇, Camp Hill, PA 17011 or by e-▇▇▇-mail at ▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇. (b) You may revoke your consent to the Release within the seven day period beginning on the date you execute this Agreement (such seven day period being referred to herein as the “Release Revocation Period”). This Agreement To be effective, such revocation must be in writing signed by you and delivered to the Company at the above address before 11:59 p.m., Eastern Standard time, on the last day of the Release Revocation Period. (c) In the event of such revocation by you, the Release shall be of no force or effect, and you will not have any rights and the Company will not have any obligations under Section 2(b) of this Agreement. Provided that you do not revoke your consent to the Release within the Release Revocation Period, the Release shall become effective or binding on the parties until the eighth (8th) calendar day after it is signed by Employee. Employee understands that if Employee revokes the Agreement under this Section, date upon which you execute this Agreement will become null and void and Employee will not (the “Release Effective Date”). (d) In order to be entitled to any the payments and benefits conferred by referenced in Section 2(c) of this Agreement, you must re-execute this Agreement including between the payments set forth in Section 2. Separation Date and the date that is no later than forty-five (e45) Employee acknowledges that Employee has been previously informed in writing by days following the Company Separation Date. You may revoke your re-execution of this Agreement within the criteria for eligibility for seven day period beginning on the separation benefits for which Employee is eligible, and which Employee will receive as a result of entering into date you re-execute this Agreement. He certifies that he has been informed that in order to be eligible for If this Agreement is not re-executed within such separation benefitsforty-five (45) day period, individuals must have been separated by or if you timely revoke your re-execution, the Company shall have no obligations under Section 2(c) of this Agreement. This in connection with no way affects your prior release of claims under this Agreement. Provided that you do not timely revoke your re-execution of this Agreement, the SeptemberRelease shall become effective on the eighth (8th) calendar day after the date upon which you re-execute this Agreement (the “Second Release Effective Date”) and be deemed to cover any claims which you have, 2005 reductionmay have had, or thereafter may have existing or occurring at any time on or before the date on which you re-in-force. Employee certifies that the Company has provided him in writing, information concerning (i) the group of individuals covered by execute this employment termination program by job title, and (ii) the job titles and ages of individuals selected for the program and of individuals who were not selected for the programAgreement.