TiVo 2004 Annual Report Download - page 126
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BEING AWARE OF SAID CODE SECTION, THE EXECUTIVE HEREBY EXPRESSLY WAIVES ANY RIGHTS HE MAY HAVE
THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT.
(c) Older Worker's Benefit Protection Act.
The Executive agrees and expressly acknowledges that this Release includes a waiver and release of all claims which he has or may have under the Age
Discrimination in Employment Act of 1967, as amended, 29 U.S.C. ยง 621, et seq. ("ADEA"). The following terms and conditions apply to and are part of the
waiver and release of the ADEA claims under this Release:
(i) This paragraph, and this Release are written in a manner calculated to be understood by him.
(ii) The waiver and release of claims under the ADEA contained in this Release does not cover rights or claims that may arise after the date on
which he signs this Release.
(iii) This Release provides for consideration in addition to anything of value to which he is already entitled.
(iv) The Executive has been advised to consult an attorney before signing this Agreement.
(v) The Executive has been granted twenty-one (21) days after he is presented with this Release to decide whether or not to sign this Release. If
he executes this Release prior to the expiration of such period, he does so voluntarily and after having had the opportunity to consult with an attorney,
and hereby waives the remainder of the twenty-one (21) day period.
(vi) The Executive has the right to revoke this general release within seven (7) days of signing this Release. In the event he does so, both this
Release and the offer of benefits to him pursuant to the Severance Plan will be null and void in their entirety, and he will not receive any Severance
Benefits.
If he wishes to revoke this Release, the Executive shall deliver written notice stating his or her intent to revoke this Release to the Company's
Chief Executive Officer, at the offices of the Company on or before 5:00 p.m. on the seventh (7th) day after the date on which he signs this Release.
5. No Assignment. The Executive represents and warrants to the Company Releasees that there has been no assignment or other transfer of any interest
in any Claim that the Executive may have against the Company Releasees, or any of them. The Executive agrees to indemnify and hold harmless the
Company Releasees from any liability, claims, demands, damages, costs, expenses and attorneys' fees incurred as a result of any person asserting such
assignment or transfer of any right or claims under any such assignment or transfer from The