Rosetta Stone 2011 Annual Report Download - page 223

• Upon separation you will have the opportunity to continue your current health benefits coverage under Company's group
health plans through COBRA. If you timely elect to enroll to continue such coverage under COBRA, the Company shall
pay for up to twelve (12) months, on an after tax basis, for the portion of your COBRA premiums for such coverage that
exceeds the amount that you would have incurred in premiums for coverage under the Company's health plan if then
employed by the Company. Following the twelve (12) months of coverage, you will be responsible for all future
premium payments should you wish to continue your COBRA coverage. However, if you or your spouse becomes
eligible for group health coverage sponsored by another employer or for any other reason your COBRA coverage
terminates, the Company shall not be obligated to pay any portion of the premiums provided hereunder for periods after
you become eligible for such other coverage or your COBRA coverage terminates.
You will not be permitted to specify the taxable year in which payments described in this Agreement are made to you. The payments
and other benefits set forth in this Agreement are being offered solely in consideration for your timely execution of this Agreement
(including a release of all claims against the Company in Exhibit A) without revoking it. The payments made to you pursuant to this
Agreement are not an admission of any wrongdoing by the Company.
Decision Period
Pursuant to the Older Workers Benefit Protection Act of 1990 ("OWBPA"), you are advised: (1) to consult an attorney
regarding this Agreement before executing the Agreement; (2) that you are waiving rights or claims which may be waived by
law in exchange for consideration which is not otherwise due to you; (3) that rights or claims, including those arising under
the Age Discrimination in Employment Act of 1967 (ADEA), that may arise after the date this Agreement is executed, are
not waived; (4) that you have twenty one (21) days from your Separation Date in which to sign and return the Agreement,
although you may, at your discretion, knowingly and voluntarily, sign and return the Agreement at any earlier time after your
Separation Date; (5) that at any time within seven (7) days after executing this Agreement, you may revoke the Agreement;
and (6) that this Agreement is not enforceable until the revocation period has passed without a revocation. You acknowledge
that by signing this Agreement, you are giving up claims and rights under the Age Discrimination in Employment Act of
1967 as amended, as described above.
To revoke, you must send a written statement of revocation delivered by certified mail to Rosetta Stone, Attn: Laurie
Iannamico. The revocation must be received no later than 5:00 p.m. Eastern on the seventh calendar day following the date
you sign this Agreement. If you do not so revoke, the eighth day following your acceptance will be the "Effective Date" of
this Agreement. If you have not returned the executed Agreement within the time permitted, then the Company's offer will
expire by its own terms at the conclusion of the time permitted.
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