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

Time for Consideration; Effective Date. The Executive acknowledges that he has been given the opportunity to consider this Transition Agreement for twenty-one (21) days before signing it (the “Consideration Period”). To accept this Transition Agreement, the Executive must return a signed original or a signed PDF copy of this Transition Agreement so that it is received by E▇▇▇▇▇ ▇. ▇▇▇▇▇ ▇▇. of the Gramercy Parties at or before the expiration of the Consideration Period. If the Executive signs this Transition Agreement before the end of the Consideration Period, he acknowledges by signing this Transition Agreement that such decision was entirely voluntary and that he had the opportunity to consider this Transition Agreement for the entire Consideration Period. The Executive acknowledges and agrees that any changes or modifications to this Transition Agreement shall not restart or in any way affect the Consideration Period. For the period of seven (7) days from the date when the Executive executes this Transition Agreement, he has the right to revoke the ADEA Release Agreement by written notice that must be received by M▇. ▇▇▇▇▇ before the end of such revocation period. The ADEA Release Agreement shall become effective on the 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. In the event that the Executive exercises his right to revoke the ADEA Release Agreement during the revocation period, he acknowledges that all of the terms and conditions of this Transition Agreement, other than the ADEA Release Agreement, shall remain in full force and effect, except that the Gramercy Release shall be null and void and the Executive shall not have the opportunity to receive the Transition Severance.

Appears in 1 contract

Sources: Transition and Release Agreement (Gramercy Capital Corp)

Time for Consideration; Effective Date. The Executive acknowledges that he the Executive has been given the opportunity to consider this Transition 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 Transition Agreement, the Executive must return a signed original or a signed PDF copy of this Transition Agreement so that it is received by E▇▇▇▇▇ ▇. ▇▇▇▇▇ ▇▇. of the Gramercy Parties undersigned at or before the expiration of the Consideration Period. If the Executive signs this Transition Agreement before the end of the Consideration Period, he the Executive acknowledges by signing this Transition Agreement that such decision was entirely voluntary and that he the Executive had the opportunity to consider this Transition Agreement for the entire Consideration Period. The Executive acknowledges and agrees that any changes or modifications to this Transition Agreement shall not restart or in any way affect the Consideration Period. For the period of seven (7) days from the date when the Executive executes signs this Transition Agreement, he the Executive has the right to revoke the ADEA Release this Agreement by written notice that to the undersigned. For such a revocation to be effective, it must be delivered so that it is received by Mthe 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 day after the Revocation Period ends (the “Effective Date”). Please indicate your agreement to the terms of this 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, BRIGHTCOVE INC. By: /s/ . ▇▇▇ ▇▇▇▇▇▇▇ before the end April 11, 2018 ▇▇▇▇ ▇▇▇▇▇▇▇ Date Chairman, Board of such revocation periodDirectors This is a legal document. The ADEA Release Agreement shall become effective on the business day immediately following the expiration Your signature will commit you to its terms. By signing below, you acknowledge that you have carefully read and fully understand all of the revocation period provisions of this Agreement and that you are knowingly and voluntarily entering into this Agreement. /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ April 11, 2018 ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Date EXHIBIT A CERTIFICATE UPDATING RELEASE OF CLAIMS I, hereby acknowledge and certify that I entered into an Amendment to Employment Agreement with Brightcove Inc. (the “ADEA Release Agreement Effective DateCompany”), provided that dated April 11, 2018 (the Executive does “Agreement”). Capitalized but undefined terms in this Certificate are defined in the Agreement. Pursuant to the Agreement, I am required to sign this “Certificate,” which updates the release of claims in the Agreement, in order to begin receiving the severance benefits described in Section 9 of the Agreement and in Section 4 of the Employment Agreement. For this Certificate to become effective and for me to receive such severance benefits, I must sign this Certificate after the Separation Date but no later than seven days after the Separation Date. I will not revoke sign this Certificate before the ADEA Release Separation Date. Subject to the foregoing, the date I sign this Certificate is the “Certificate Effective Date.” I further agree as follows: 1. A copy of this Certificate was attached to the Agreement during the revocation periodas Exhibit A. 2. In consideration of the event benefits described in the Agreement, for which I become eligible only if I sign this Certificate, I hereby extend the release of claims set forth in the Agreement to any and all claims that arose after the Executive exercises his right date I signed the Agreement through the date I signed this Certificate, subject to revoke all other exclusions and terms set forth in the ADEA Release Agreement during Agreement. 3. I have carefully read and fully understand all of the revocation periodprovisions of this Certificate, he acknowledges that I knowingly and voluntarily agree to all of the terms set forth in this Certificate, and conditions I acknowledge that in entering into this Certificate, I am not relying on any representation, promise or inducement made by the Company or its officers, directors, employees, agents or other representatives with the exception of those promises expressly contained in this Transition Agreement, other than the ADEA Release Agreement, shall remain in full force and effect, except that the Gramercy Release shall be null and void Certificate and the Executive shall Agreement. 4. I also represent that I have not been subject to any retaliation or any other form of adverse action by the Releasees for any action taken by me as an employee or resulting from my exercise of or attempt to exercise any statutory rights recognized under federal, state or local law. I agree that I have been paid all unpaid wages and other compensation owed to me as of the opportunity Trigger Date. I also agree that and that none of my rights have been violated under any statute, common law or Company policy, program or agreement. I represent that I have reported any and all workplace injuries that I suffered during my employment, if any, to receive the Transition SeveranceCompany before executing this Certificate. 5. I agree that this Certificate is part of the Agreement.

Appears in 1 contract

Sources: Employment Agreement

Time for Consideration; Effective Date. The Executive acknowledges that he has been given the opportunity to consider this Transition Separation Agreement for twenty-one (21) days before signing it (the “Consideration Period”). To accept this Transition Separation Agreement, the Executive must return a signed original or a signed PDF copy of this Transition Separation Agreement so that it is received by E▇▇▇▇▇ ▇. ▇▇▇▇▇ ▇▇. of the Gramercy Parties at or before the expiration of the Consideration Period. If the Executive signs this Transition Separation Agreement before the end of the Consideration Period, he acknowledges by signing this Transition Separation Agreement that such decision was entirely voluntary and that he had the opportunity to consider this Transition Separation Agreement for the entire Consideration Period. The Executive acknowledges and agrees that any changes or modifications to this Transition Separation Agreement shall not restart or in any way affect the Consideration Period. For the period of seven (7) days from the date when the Executive executes this Transition Separation Agreement, he has the right to revoke the ADEA Release Agreement by written notice that must be received by M▇. ▇▇▇▇▇ before the end of such revocation period. The ADEA Release Agreement shall become effective on the 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. In the event that the Executive exercises his right to revoke the ADEA Release Agreement during the revocation period, he acknowledges that all of the terms and conditions of this Transition Separation Agreement, other than the ADEA Release Agreement, shall remain in full force and effect, except that the Executive shall not receive the Separation Benefits and the Gramercy Release shall be null and void and the Executive shall not have the opportunity to receive the Transition Severancevoid.

Appears in 1 contract

Sources: Separation and Release Agreement (Gramercy Capital Corp)

Time for Consideration; Effective Date. The Executive acknowledges that he has knowingly and voluntarily entered into this Agreement and that the Company advises the Executive to consult with an attorney before signing this Agreement. By entering into this Agreement, the Executive acknowledges that the Executive has been given the opportunity to consider this Transition Agreement for twenty-one (21) days from the Executive’s receipt of this Agreement before signing it (the “Consideration Period”). To The Parties agree that any changes to this Agreement do not restart the Consideration Period and that, to accept this Transition Agreement, the Executive must (a) sign the original or a PDF copy of this Agreement on or after the Separation Date and before the expiration of the Consideration Period, and (b) return a the signed original or a signed PDF copy of this Transition Agreement so that it is received by E▇▇▇▇▇ ▇. ▇▇▇▇▇ ▇▇. of the Gramercy Parties ▇▇▇▇ (***) at or before the expiration of the Consideration Period. If the Executive signs this Transition Agreement before the end of the ​ ​ Consideration Period, he the Executive acknowledges by signing this Transition Agreement that such decision was entirely voluntary and that he had the opportunity to consider this Transition Agreement for the entire Consideration Period. The Except for certain Claims in Section 3 that require a statutory revocation period to be released, the release of Claims in Section 3 is enforceable as of the date that the Executive acknowledges and agrees that any changes or modifications to signs this Transition Agreement shall not restart or in any way affect the Consideration PeriodAgreement. For the period of seven (7) business days from the date when the Executive executes signs this Transition Agreement, he the Executive has the right to revoke the ADEA Release this Agreement by written notice that must be received by Mto ▇▇. ▇▇▇▇▇▇, provided that such notice is delivered so that it is received at or before the end expiration of such the seven (7) business day revocation period. The ADEA Release This Agreement shall not become fully effective or fully enforceable during the revocation period. This Agreement shall become fully effective and fully enforceable on the first business day immediately following the expiration of the revocation period (the “ADEA Release Agreement Effective Date”)period, provided that the Executive does not revoke the ADEA Release Agreement during the revocation periodperiod (the “Effective Date”). In the event that the Executive exercises his right to revoke the ADEA Release Agreement during the revocation period, he acknowledges that all of the terms and conditions of this Transition Agreement, other than the ADEA Release Agreement, shall remain in full force and effect, except that the Gramercy Release shall be null and void and the Executive shall not have the opportunity to receive the Transition Severance.

Appears in 1 contract

Sources: Separation and Release Agreement (Collegium Pharmaceutical, Inc)

Time for Consideration; Effective Date. The Executive acknowledges that he the Executive has been given the opportunity to consider this Transition 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 Transition Agreement, the Executive must return a signed original or a signed PDF copy of this Transition Agreement so that it is received by E▇▇▇▇▇ ▇. ▇▇▇▇▇ ▇▇. of the Gramercy Parties undersigned at or before the expiration of the Consideration Period. If the Executive signs this Transition Agreement before the end of the Consideration Period, he the Executive acknowledges by signing this Transition Agreement that such decision was entirely voluntary and that he the Executive had the opportunity to consider this Transition Agreement for the entire Consideration Period. The Executive acknowledges and agrees that any changes or modifications to this Transition Agreement shall not restart or in any way affect the Consideration Period. For the period of seven (7) days from the date when the Executive executes signs this Transition Agreement, he the Executive has the right to revoke the ADEA Release this Agreement by written notice that to the undersigned. For such a revocation to be effective, it must be delivered so that it is received by Mthe 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 day after the Revocation Period ends (the “Effective Date”). Please indicate your agreement to the terms of this 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, BRIGHTCOVE INC. By: /s/ . ▇▇▇ ▇▇▇▇▇▇▇ before the end April 11, 2018 ▇▇▇▇ ▇▇▇▇▇▇▇ Date Chairman, Board of such revocation periodDirectors This is a legal document. The ADEA Release Agreement shall become effective on the business day immediately following the expiration Your signature will commit you to its terms. By signing below, you acknowledge that you have carefully read and fully understand all of the revocation period provisions of this Agreement and that you are knowingly and voluntarily entering into this Agreement. /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ April 11, 2018 ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Date I, hereby acknowledge and certify that I entered into an Amendment to Employment Agreement with Brightcove Inc. (the “ADEA Release Agreement Effective DateCompany”), provided that dated April 11, 2018 (the Executive does “Agreement”). Capitalized but undefined terms in this Certificate are defined in the Agreement. Pursuant to the Agreement, I am required to sign this “Certificate,” which updates the release of claims in the Agreement, in order to begin receiving the severance benefits described in Section 9 of the Agreement and in Section 4 of the Employment Agreement. For this Certificate to become effective and for me to receive such severance benefits, I must sign this Certificate after the Separation Date but no later than seven days after the Separation Date. I will not revoke sign this Certificate before the ADEA Release Separation Date. Subject to the foregoing, the date I sign this Certificate is the “Certificate Effective Date.” I further agree as follows: 1. A copy of this Certificate was attached to the Agreement during the revocation periodas Exhibit A. 2. In consideration of the event benefits described in the Agreement, for which I become eligible only if I sign this Certificate, I hereby extend the release of claims set forth in the Agreement to any and all claims that arose after the Executive exercises his right date I signed the Agreement through the date I signed this Certificate, subject to revoke all other exclusions and terms set forth in the ADEA Release Agreement during Agreement. 3. I have carefully read and fully understand all of the revocation periodprovisions of this Certificate, he acknowledges that I knowingly and voluntarily agree to all of the terms set forth in this Certificate, and conditions I acknowledge that in entering into this Certificate, I am not relying on any representation, promise or inducement made by the Company or its officers, directors, employees, agents or other representatives with the exception of those promises expressly contained in this Transition Agreement, other than the ADEA Release Agreement, shall remain in full force and effect, except that the Gramercy Release shall be null and void Certificate and the Executive shall Agreement. 4. I also represent that I have not been subject to any retaliation or any other form of adverse action by the Releasees for any action taken by me as an employee or resulting from my exercise of or attempt to exercise any statutory rights recognized under federal, state or local law. I agree that I have been paid all unpaid wages and other compensation owed to me as of the opportunity Trigger Date. I also agree that and that none of my rights have been violated under any statute, common law or Company policy, program or agreement. I represent that I have reported any and all workplace injuries that I suffered during my employment, if any, to receive the Transition SeveranceCompany before executing this Certificate. 5. I agree that this Certificate is part of the Agreement.

Appears in 1 contract

Sources: Employment Agreement (Brightcove Inc)

Time for Consideration; Effective Date. The Company advises the Executive to consult with an attorney before entering into this Agreement and the Executive has, in fact, consulted with counsel. The Executive acknowledges that he has carefully read and fully understands all of the provisions of this Agreement and that the Executive is voluntarily and knowingly entering into this Agreement. The Executive acknowledges that he has been given the opportunity to consider this Transition Agreement for twenty-one (21) more than 21 days before signing executing it and, to accept this Agreement, the Executive must execute the Agreement prior to 5PM ET on January 31, 2025 (the “Consideration Period”). The parties agree that changes, whether material or immaterial, do not restart the running of the Consideration Period. To accept this Transition Agreement, the Executive must return (via DocuSign circulated by Company counsel) a signed signed, unmodified original or a signed PDF copy version of this Transition Agreement (via DocuSign) so that it is received by E▇▇▇▇▇ ▇. ▇▇▇▇▇ ▇▇. of the Gramercy Parties at or before the expiration of the Consideration Period. If the Executive signs this Transition Agreement before the end of the Consideration Period, he the Executive acknowledges by signing this Transition Agreement that such decision was entirely voluntary and that he the Executive had the opportunity to consider this Transition Agreement for the entire Consideration Period. The Executive acknowledges and agrees that any changes or modifications to this Transition Agreement shall not restart or in any way affect the Consideration Period. For the period of seven (7) business days from the date when the Executive executes signs this Transition Agreement, he the Executive has the right to revoke the ADEA Release this Agreement by written notice that must be received by M▇. to ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, (email: ), provided that such notice is delivered so that it is received at or before the end expiration of such the seven business day revocation period. The ADEA Release This Agreement shall not become effective or enforceable during the revocation period. This Agreement shall become effective on the first business day immediately following the expiration of the revocation period (the “ADEA Release Agreement Effective Date”). Notwithstanding the foregoing, provided that the Company may withdraw the offer of this Agreement or void this Agreement before the Effective Date if the Executive does not revoke the ADEA Release breaches any provision contained in this Agreement during the revocation period. In the event that the Executive exercises his right to revoke the ADEA Release Agreement during the revocation period(including, he acknowledges that all without limitation, any of the terms and conditions of this Transition Continuing Obligations) or engages in conduct that would constitute Cause under the Employment Agreement, other than the ADEA Release Agreement, shall remain in full force and effect, except that the Gramercy Release shall be null and void and the Executive shall not have the opportunity to receive the Transition Severance.

Appears in 1 contract

Sources: Separation Agreement (Rapport Therapeutics, Inc.)