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 Benefits pursuant to Section 7(f) but, after 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 Benefits and Employee shall promptly return to the Company all Severance Benefits received by Employee prior to the date that the Company determines that the conditions of this Section 7(g) have been satisfied; provided, however, Employee will only be required to return such Severance Benefits if the Company provides the written notice required under this Section 7(g) no later than the date that is twelve (12) months after the Termination Date.

Appears in 2 contracts

Samples: Employment Agreement (Flotek Industries Inc/Cn/), Employment Agreement (Flotek Industries Inc/Cn/)

AutoNDA by SimpleDocs

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 Benefits Payment pursuant to Section 7(f6(b) but, after such determination, the Company subsequently acquires evidence or determines that: (i) Employee has failed to abide by the terms of Sections 98, 9 or 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(a5(a), then the Company shall promptly notify Employee of the alleged violation and Employee shall have an opportunity to respond within thirty (30) days of such notice. Following the expiration of such thirty (30) day notice period, in the event that the Company determines that the conditions of this Section 6(g) have been satisfied, the Company shall have the right to immediately cease the payment of any future installments of the Severance Benefits Payment and Employee shall promptly return to the Company the pre-tax value of all installments of the Severance Benefits Payment received by Employee prior to the date that the Company determines that the conditions of this Section 7(g6(g) have been satisfied; provided, however, Employee will only be required to return such Severance Benefits if the Company provides the written notice required under this Section 7(g) no later than the date that is twelve (12) months after the Termination Date.

Appears in 1 contract

Samples: Employment Agreement (Daseke, Inc.)

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 Benefits pursuant to Section 7(f) but, after such determination, the Company subsequently acquires credible 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 Benefits and Employee shall promptly return to the Company all Severance Benefits received by Employee prior to the date that the Company determines that the conditions of this Section 7(g) have been satisfied; provided, however, Employee will only be required to return such Severance Benefits if the Company provides the written notice required under this Section 7(g) no later than the date that is twelve (12) months after the Termination Date.

Appears in 1 contract

Samples: Employment Agreement (Flotek Industries Inc/Cn/)

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 Benefits pursuant to Section 7(f) but, after such determination, the Company subsequently acquires evidence or determines and provides Employee with written notice 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 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 providing the Severance Benefits and Employee shall promptly return to the Company all Severance Benefits received by Employee prior to the date that the Company determines that the conditions of this Section 7(g) have been satisfied; provided, however, Employee will only be required to return such Severance Benefits if the Company provides the written notice required under this Section 7(g) no later than the date that is twelve (12) months after the Termination Date. 8.

Appears in 1 contract

Samples: Employment Agreement (Flotek Industries Inc/Cn/)

AutoNDA by SimpleDocs

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 Benefits pursuant to Section 7(f) but, after such determination, the Company subsequently acquires evidence or determines and provides Employee with written notice 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 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 providing the Severance Benefits and Employee shall promptly return to the Company all Severance Benefits received by Employee prior to the date that the Company determines that the conditions of this Section 7(g) have been satisfied; provided, however, Employee will only be required to return such Severance Benefits if the Company provides the written notice required under this Section 7(g) no later than the date that is twelve (12) months after the Termination Date.

Appears in 1 contract

Samples: Employment Agreement (Flotek Industries Inc/Cn/)

Time is Money Join Law Insider Premium to draft better contracts faster.