Common use of Breach by Company Clause in Contracts

Breach by Company. If termination of Executive's employment arises out of the Company's failure to pay Executive on a timely basis the amounts to which he is entitled under this Agreement or as a result of any other breach of this Agreement by the Company, as determined by a court of competent jurisdiction or pursuant to the provisions of paragraph 15 below, the Company shall pay all amounts and damages to which Executive may be entitled as a result of such breach, including interest thereon and all reasonable legal fees and expenses and other costs incurred by Executive to enforce his rights hereunder. Further, none of the provisions of paragraph 3 shall apply in the event this Agreement is terminated as a result of a breach by the Company.

Appears in 12 contracts

Samples: Founders' Employment Agreement (Metals Usa Inc), Founders' Employment Agreement (Metals Usa Inc), Founders' Employment Agreement (Metals Usa Inc)

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Breach by Company. If termination of Executive's employment arises out of the Company's failure to pay Executive on a timely basis the amounts to which he Executive is entitled under this Agreement or as a result of any other breach of this Agreement by the Company, as determined by a court of competent jurisdiction or pursuant to the provisions of paragraph 15 below, the Company shall pay all amounts and damages to which Executive may be entitled as a result of such breach, including interest thereon and all reasonable legal fees and expenses and other costs incurred by Executive to enforce his rights hereunder. Further, none of the provisions of paragraph 3 shall apply in the event this Agreement is terminated as a result of a breach by the Company.

Appears in 3 contracts

Samples: Employment Agreement (Landcare Usa Inc), Employment Agreement (Transportation Components Inc), Employment Agreement (Homeusa Inc)

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Breach by Company. If termination of Executive's employment arises out of the Company's failure to pay Executive on a timely basis the amounts to which he Executive is entitled under this Agreement or as a result of any other breach of this Agreement by the Company, as determined by a court of competent jurisdiction or pursuant to the provisions of paragraph 15 below, the Company shall pay all amounts and damages to which Executive may be entitled as a result of such breach, including interest thereon and all reasonable legal fees and expenses and other costs incurred by Executive to enforce his rights hereunder. Further, none of the provisions of paragraph 3 shall apply in the event this Agreement is terminated by Executive as a result of a breach by the CompanyCompany as provided in Section 4(a)(iv) above.

Appears in 1 contract

Samples: Employment Agreement (Fountain Pharmaceuticals Inc)

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