Severance Agreement And General Release Page 10
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10of (A) the date that is immediately following the expiration of the six (6)-month period
measured from the date of such separation from service, or (B) the date of your death
(the Delay Period ). Upon the expiration of the Delay Period, all payments and benefits
delayed pursuant to this paragraph (whether they would have otherwise been payable in a
single sum or in installments in the absence of such delay) shall be paid or reimbursed to
you in a lump sum (without interest), and any remaining payments and benefits due under
this Severance Agreement shall be paid or provided in accordance with the normal
payment dates specified for them herein.
14.
Time to Consider and Right to Legal Advice. You are being given this
Severance Agreement on April 21, 2014. You have twenty-one (21) days to consider this
Agreement, i.e., until May 9, 2014. 8x8 encourages you to consult with an attorney
before signing it. In addition, you may revoke this Severance Agreement within seven
(7) days after signing it. Revocation must be made in writing, and sent by certified mail
to: Mary Ellen Genovese, 2125 O'Nel Drive, San Jose, California, 95131. After the
revocation period expires, all of the terms and commitments under this Severance
Agreement are not revocable. You hereby acknowledge that you are knowingly and
voluntarily waiving and releasing any rights you may have under the ADEA.
15.
Sole Agreement. It is expressly understood that there are no other
agreements or understandings between you and 8x8 about or pertaining to the termination
of your employment with 8x8, or 8x8's obligations to you with respect to such
termination, or any other matter covered by this Second Agreement, except for the NDA
signed on February 7, 2011 and the Severance Agreement.
16.
Non-Admission of Liability. This Severance Agreement shall not be
construed to be an admission of any liability to you or to any other person.
17.
Construction. The invalidity or unenforceability of any particular
provision of this Severance Agreement shall not affect the other provisions hereof, all of
which shall remain enforceable in accordance with their terms. Should any of the
obligations hereunder be found illegal or unenforceable as being too broad with respect to
the duration, scope or subject matter thereof, such obligations shall be deemed and
construed to be reduced to the maximum duration, scope or subject matter allowable by
law.
Dated:______________________
____________________________________
Kim Niederman
Dated:_____________________
____________________________________
On Behalf of 8x8
Page 4 of 4
K.N. __________
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