Common use of After-Acquired Evidence Clause in Contracts

After-Acquired Evidence. Notwithstanding any provision of this Agreement to the contrary, in the event that the Company determines that Employee is eligible to receive the Severance Payment pursuant to Section 7(f) but, during the Severance Period, the Company subsequently acquires evidence or determines that: (i) Employee has failed to abide by the terms of Sections 9, 10 or 11 or any other post-employment obligations that Employee may owe to any member of the Company Group; or (ii) a Cause condition existed prior to the Termination Date that, had the Company been fully aware of such condition, would have given the Company the right to terminate Employee’s employment pursuant to Section 7(a), then the Company shall have the right to cease the payment of any future installments of the Severance Payment and COBRA Benefit and Employee shall promptly return to the Company the pre-tax value of all Severance Payments received by Employee and the pre-tax value of all payments by the Company with respect to the COBRA Benefit.

After-Acquired Evidence. Notwithstanding any provision of this Agreement to the contrary, in the event that the Company determines that Employee is eligible to receive the Severance Payment pursuant to Section 7(f) but, during the Severance Period, the Company subsequently acquires evidence or determines that: (i) Employee has failed to abide by the terms of Sections 9, 10 or 11 or any other post-employment obligations that Employee may owe to any member of the Company Group; or (ii) a Cause condition existed prior to the Termination Date that, had the Company been fully aware of such condition, would have given the Company the right to terminate Employee’s employment pursuant to Section 7(a), then the Company shall have the right to cease the payment of any future installments of the Severance Payment and COBRA Benefit and Employee shall promptly return to the Company the pre-tax value of all installments of the Severance Payments Payment received by Employee and prior to the pre-tax value of all payments by date that the Company with respect to determines that the COBRA Benefitconditions of this Section 7(g) have been satisfied.

After-Acquired Evidence. Notwithstanding any provision of this Agreement to the contrary, in the event that the Company determines that Employee is eligible to receive the Severance Payment pursuant to Section 7(f‎7(f) but, during the Severance Period, the Company subsequently acquires evidence or determines that: (i) Employee has failed to abide by the terms of Sections 9‎9, 10 ‎10 or 11 ‎11 or any other post-employment obligations that Employee may owe to any member of the Company Group; or (ii) a Cause condition existed prior to the Termination Date that, had the Company been fully aware of such condition, would have given the Company the right to terminate Employee’s employment pursuant to Section 7(a‎7(a), then the Company shall have the right to cease the payment of any future installments of the Severance Payment and COBRA Benefit and Employee shall promptly return to the Company the pre-tax value of all Severance Payments received by Employee and the pre-tax value of all payments by the Company with respect to the COBRA Benefit.

After-Acquired Evidence. Notwithstanding any provision of this Agreement to the contrary, in the event that the Company determines that Employee is eligible to receive the Severance Payment or COBRA Subsidy pursuant to Section 7(f7(f)(ii) but, during the Severance Periodafter such determination, the Company subsequently acquires evidence or determines that: (i) Employee has failed to abide by the terms of Sections 9, 10 10, or 11 or any other post-employment obligations that Employee may owe to any member of the Company Group11; or (ii) a Cause condition existed prior to the Termination Date that, had the Company been fully aware of such condition, would have given the Company the right to terminate Employee’s employment pursuant to Section 7(a), then the Company shall have the right to cease the payment of any future installments of the Severance Payment and COBRA Benefit Subsidy and Employee shall promptly return to the Company all installments of the pre-tax value of all Severance Payments Payment and COBRA Subsidy received by Employee and prior to the pre-tax value of all payments by date that the Company with respect to determines that the COBRA Benefitconditions of this Section 7(g) have been satisfied. 8.

After-Acquired Evidence. Notwithstanding any provision of this Agreement to the contrary, in the event that the Company determines that Employee is eligible to receive the Severance Payment Benefits pursuant to Section 7(f) but, during the Severance Periodafter such determination, the Company subsequently acquires evidence or determines that: (i) Employee has failed to abide by the terms of Sections 9, 10 or 11 or any other post-employment obligations that Employee may owe to any member of the Company Group; or (ii) a Cause condition existed prior to the Termination Date that, had the Company been fully aware of such condition, would have given the Company the right to terminate Employee’s employment pursuant to Section 7(a), then the Company shall have the right to cease the payment of any future installments of the Severance Payment and COBRA Benefit Benefits and Employee shall promptly return to the Company the pre-tax value of all Severance Payments Benefits received by Employee and prior to the pre-tax value of all payments by date that the Company with respect to determines that the COBRA Benefitconditions of this Section 7(g) have been satisfied.

After-Acquired Evidence. Notwithstanding any provision of this Agreement to the contrary, in the event that the Company determines that Employee is eligible to receive the Severance Payment and COBRA Benefit pursuant to Section 7(f6(e) above but, during the Severance Periodafter such determination, the Company subsequently acquires evidence or determines that: (i) Employee has failed to abide by the terms of Employee’s continuing obligations under Sections 8, 9, or 10 or 11 or any other post-employment obligations that Employee may owe to any member of the Company Groupthis Agreement; or (ii) a Cause condition existed prior to the Termination Date date of Employee’s termination of employment that, had the Company been fully aware of such condition, would have given resulted in the Company the right to terminate termination of Employee’s employment pursuant to Section 7(a)6(a) above, then the Company shall have the right to cease providing the payment of any future installments COBRA Benefit and, if applicable, the Severance Payment, and the Company shall also have the right to recover some or all of the Severance Payment and COBRA Benefit and paid to Employee shall promptly return prior to the Company the pre-tax value of all Severance Payments received by Employee and the pre-tax value of all payments by the Company with respect to the COBRA BenefitCompany’s determination that this Section 6(f) applies.