Common use of After-Acquired Evidence Clause in Contracts

After-Acquired Evidence. Notwithstanding any provision of this Agreement to the contrary, if the Company determines that Employee is eligible to receive the Separation Benefits or the Change-of-Control Benefits, as applicable, but, after such determination, the Company subsequently acquires evidence and determines that (i) Employee has materially breached the terms Sections 2, 11, or 12; or (ii) a Cause condition existed prior to the Termination Date that, if curable, was not cured prior to the Termination Date, and that, had the Company been fully aware of such condition, would have given the Company the right to terminate Employee’s employment for Cause pursuant to Section 6(b), then the Company shall have the right to cease the payment of any future installments of any such payments, as applicable, and Employee shall promptly return to the Company all installments of such payments, as applicable, received by Employee prior to the date that the Company determines that the conditions of this Section 15(d) have been satisfied.

After-Acquired Evidence. Notwithstanding any provision of this Agreement to the contrary, if the Company determines that Employee is eligible to receive the Separation Benefits or the Change-ofin-Control Benefits, as applicable, but, after such determination, the Company subsequently acquires evidence and determines that (i) Employee has materially breached the terms Sections 2, 11, or 12; or (ii) a Cause condition existed prior to the Termination Date that, if curable, was not cured prior to the Termination Date, and that, had the Company been fully aware of such condition, would have given the Company the right to terminate Employee’s employment for Cause pursuant to Section 6(b), then the Company shall have the right to cease the payment of any future installments of any such payments, as applicable, and Employee shall promptly return to the Company all installments of such payments, as applicable, received by Employee prior to the date that the Company determines that the conditions of this Section 15(d) have been satisfied.

After-Acquired Evidence. Notwithstanding any provision of this Agreement to the contrary, if in the event that the Company determines that Employee is eligible to receive the Separation Termination Benefits or the Change-of-Control Benefits, as applicable, pursuant to Section 7(f) but, after such determination, the Company subsequently acquires evidence and or determines that that: (i) Employee has materially breached failed to abide by the terms of Sections 29, 10 or 11, or 12; or (ii) prior to the end of the payment of the Termination Benefits, the Company determines that a Cause condition existed prior to the Termination Date that, if curable, was not cured prior to the Termination Date, and that, had the Company been fully aware of such condition, would have given the Company the right to terminate Employee’s employment for Cause pursuant to Section 6(b7(a), then the Company shall have the right to cease the payment of any future installments of any such payments, as applicable, the Termination Benefits and Employee shall promptly return to the Company all installments of such payments, as applicable, the Termination Benefits received by Employee prior to the date that the Company determines that the conditions of this Section 15(d7(g) have been satisfied.

After-Acquired Evidence. Notwithstanding any provision of this Agreement to the contrary, if in the event that the Company determines that Employee is eligible to receive the Separation Termination Benefits or the Change-of-Control Benefits, as applicable, pursuant to Section 7(f) but, after such determination, : (i) the Company subsequently acquires evidence and or determines that (i) Employee has materially breached failed to abide by the terms of Sections 29, 10 or 11, or 12; or (ii) within ninety (90) days following the Termination Date, the Board first acquires evidence that a Cause condition existed prior to the Termination Date that, if curable, was not cured prior to the Termination Date, and that, had the Company been fully aware of such condition, would have given the Company the right to terminate Employee’s employment for Cause pursuant to Section 6(b7(a), then the Company shall have the right to cease the payment of any future installments of any such payments, as applicable, the Termination Benefits and Employee shall promptly return to the Company all installments of such payments, as applicable, the Termination Benefits received by Employee prior to the date that the Company determines that the conditions of this Section 15(d7(g) have been satisfiedsatisfied (less any amounts withheld or paid by Employee as taxes in respect of such installments).

After-Acquired Evidence. Notwithstanding any provision of this Agreement to the contrary, if the Company determines that Employee is eligible to receive the Separation Benefits Benefits, the Prorated Bonus, or the Change-ofin-Control Benefits, as applicable, but, after such determination, the Company subsequently acquires evidence and determines that (i) Employee has materially breached the terms Sections 2, 11, 12, or 1213; or (ii) a Cause condition existed prior to the Termination Date that, if curable, was not cured prior to the Termination Date, and that, had the Company been fully aware of such condition, would have given the Company the right to terminate Employee’s employment for Cause pursuant to Section 6(b), then the Company shall have the right to cease the payment of any future installments of any such payments, as applicable, and Employee shall promptly return to the Company all installments of such payments, as applicable, received by Employee prior to the date that the Company determines that the conditions of this Section 15(d) have been satisfied.

After-Acquired Evidence. Notwithstanding any provision of this Agreement to the contrary, if the Company determines that Employee is eligible to receive the Separation Benefits or the Change-of-Control Benefits, as applicable, but, after such determination, the Company subsequently acquires evidence and determines that (i) Employee has materially breached the terms Sections 2, 1110, or 1211; or (ii) a Cause condition existed prior to the Termination Date that, if curable, was not cured prior to the Termination Date, and that, had the Company been fully aware of such condition, would have given the Company the right to terminate Employee’s employment for Cause pursuant to Section 6(b), then the Company shall have the right to cease the payment of any future installments of any such payments, as applicable, and Employee shall promptly return to the Company all installments of such payments, as applicable, received by Employee prior to the date that the Company determines that the conditions of this Section 15(d14(d) have been satisfied.