Knowing and Voluntary Execution Contract Clauses (24)

Knowing and Voluntary Execution. Employee understands and agrees that she: (a)May, but is not required to, take up to twenty-one (21) calendar days from the date she is presented this Agreement to consider whether or not she desires to execute this Agreement (with the understanding that to the extent, if any, changes are made to this Agreement at Employee's request, such revisions do not re-start the twenty-one (21)-day consideration period); (b)Knowingly and voluntarily agrees to all of the terms set forth in this Agreement an...d to be bound by this Agreement; (c)Is hereby advised in writing to consult with an attorney and tax advisor of her choice prior to executing this Agreement and has had the opportunity and sufficient time to seek such advice; (d)Agrees that some or all of the Severance Pay and benefits provided pursuant to this Agreement and the Severance Plan are in addition to any consideration to which she may already be entitled absent execution of this Agreement; (e)Will not be entitled to a re-computation of any employment benefits based on amounts paid in lieu of notice and/or Severance Pay; (f)Understands that rights or claims under the ADEA that may arise after the date this Agreement is executed are not waived; and (g)May revoke this Agreement at any time during the seven (7) calendar day period immediately after Employee signs and delivers this Agreement to the Company. Employee also understands that any revocation of this Agreement must be made in writing and delivered to NuVasive, Inc. at 7475 Lusk Blvd., San Diego, CA 92121, attention Pete Leddy, Leader, People & Culture, within the seven (7) day period. Employee understands that this Agreement is not effective, and Employee is not entitled to the Severance Pay and benefits provided herein, until the expiration of this seven (7) calendar day revocation period. Employee understands that upon the expiration of such seven (7) day revocation period, this entire Agreement will be binding upon Employee and will be irrevocable. The "Effective Date" of this Agreement shall be the later of the eighth day after Employee has accepted this Agreement or her Separation Date, provided the Agreement is not timely revoked. 8 9.Governing Law and Consent to Venue. Except to the extent preempted by the Employee Retirement Income Security Act of 1974, as amended, or other federal laws, this Agreement is governed by and construed in accordance with the laws of the State of California, without regard to any conflict of laws rule or principle which might refer the governance or construction of this Agreement to the laws of another jurisdiction. The Parties agree that any dispute relating to or arising out of this Agreement shall be heard and decided exclusively in a state or federal court of competent jurisdiction in San Diego County, California. Employee also agrees and acknowledges that prior to filing any action to enforce any rights hereunder, she is required to exhaust her administrative remedies provided under the Severance Plan. View More

Knowing and Voluntary Execution. Employee acknowledges that Employee has read this Agreement carefully, has consulted with an attorney or other counsel of Employee's choice or decided that Employee does not want to do so, and has had the opportunity to ask any questions Employee may have regarding this Agreement. Employee acknowledges that Employee fully understands the meaning and terms of this Agreement. Employee acknowledges that Employee has signed this Agreement voluntarily and of Employee's own free will and that Employee... is knowingly and voluntarily releasing and waiving all Claim(s) that Employee has or may claim to have against Employer to the full extent allowed by law. View More