Accrual and Payment of Commissions Conditioned on Compliance with Agreement. Notwithstanding any agreement to the contrary, I agree that the accrual and payment of any commissions to me are conditioned on my compliance with this Agreement. I authorize the Company to withhold any commissions where the Company forms a reasonable, good faith belief that I have breached this Agreement. Under the above circumstances, said commissions may be held by the Company, pending a final determination by a court or arbitrator, as the case may be, as to whether I have violated this Agreement. In the event of a final determination that I did not violate this Agreement, the Company will promptly pay over to me the commissions in dispute, including any interest earned thereon calculated at a rate of six percent per annum. In the event of a final determination that I violated this Agreement, any commissions withheld will become the exclusive property of the Company. This section 3.2 will constitute a written authorization for withholding of wages pursuant to Hawaii Revised Statutes section 388-6.
Appears in 5 contracts
Samples: Employment Agreement (Hawaiian Telcom Holdco, Inc.), Employment Agreement (Hawaiian Telcom Holdco, Inc.), Employment Agreement (Hawaiian Telcom Holdco, Inc.)