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, after such determination, the Company subsequently acquires evidence or determines that: (i) Employee has materially failed to abide by Employee’s continuing obligations under Sections 9, 10 or 11 and, if such failure is capable of cure, has failed to remedy such failure within five calendar days after written notice to Employee of the alleged failure; or (ii) a Cause condition existed prior to Employee’s termination date that, had the Company been fully aware of such condition, would have resulted in the termination of Employee’s employment pursuant to Section 7(a), the Company shall have the right to cease the payment of any future installments of the Severance Payment and Employee shall be obliged to promptly return to the Company all installments of the Severance Payment received by Employee; provided, that if Employee is successful in the arbitration of such determination, the Company shall pay to Employee all amounts repaid by Employee and any Severance Payments that should have been paid to Employee under Section 7(f)(i) shall be paid immediately following such determination (and if there remains any period following such appeal in which amounts are owed, the payment of such amounts shall resume).