All Other Claims. In the event that the Releasing Parties bring an action against the Released Parties based on any other claim released in Paragraph II.E, the Released Parties may, at their option, and as applicable: (a) stop making payments that would otherwise have been due under this Agreement; (b) demand the return of any payments that have been made under this Agreement; (c) plead this Agreement in bar to any such action; or (d) seek any and all remedies available, including but not limited to injunctive relief and monetary damages, costs and reasonable attorneys’ fees.
Appears in 5 contracts
Samples: Change in Control Severance Agreement, Change in Control Severance Agreement (Kapstone Paper & Packaging Corp), Change in Control Severance Agreement (Kapstone Paper & Packaging Corp)
All Other Claims. In the event that the Releasing Parties bring an action against the Released Parties Entities based on any other claim released in Paragraph II.E5, the Released Parties Entities may, at their option, and as applicable: (ai) stop making payments that would otherwise have been due under this Agreement; (bii) demand the return of any payments that have been made under this Agreement; (ciii) plead this Agreement in bar to any such action; or and/or (div) seek any and all remedies available, including but not limited to injunctive relief and monetary damages, costs costs, and reasonable attorneys’ fees.
Appears in 1 contract
Samples: Separation Agreement (NPC Restaurant Holdings, LLC)
All Other Claims. In the event that the Releasing Parties bring an action against the Released Parties based on any other claim released in Paragraph II.EII.G, the Released Parties may, at their option, and as applicable: applicable (a) stop making payments that would otherwise have been due under this Agreement; (b) demand the return of any payments that have been made under this Agreement; (c) plead this Agreement in bar to any such action; or (d) seek any and all remedies available, including but not limited to injunctive relief and monetary damages, costs and reasonable attorneys’ fees.
Appears in 1 contract
Samples: Separation and Release Agreement (Bloomin' Brands, Inc.)
All Other Claims. In the event that the Releasing Parties bring an action against the Released Parties based on any other claim released in Paragraph II.EII. G, the Released Parties may, at their option, and as applicable: applicable (a) stop making payments that would otherwise have been due under this Agreement; (b) demand the return of any payments that have been made under this Agreement; (c) plead this Agreement in bar to any such action; or (d) seek any and all remedies available, including but not limited to injunctive relief and monetary damages, costs and reasonable attorneys’ fees.
Appears in 1 contract
Samples: Severance Agreement (Community First Bancshares, Inc.)
