Common use of Breach of Agreement and Remedies Clause in Contracts

Breach of Agreement and Remedies. Xxxxxxxx acknowledges and agrees that -------------------------------- should he fail to comply with any of his obligations set forth in this Agreement prior to receiving the payments and benefits of the Special Separation Benefit described in Paragraph 3 above, the Company, in addition to any other legal or equitable remedy available, will have no obligation to pay Xxxxxxxx the Special Separation Benefit, except as provided below; but that all other provisions of this Agreement shall remain in full force and effect. In addition, if Xxxxxxxx exercises his limited right to revoke his release of his Age Discrimination in Employment Act claims as provided in this Agreement, he understands and agrees that he will be eligible to receive the payments and benefits of the Special Separation Benefit described in subparagraph (a) of Paragraph 3, but will not be eligible to receive the payments and benefits of the Special Separation Benefit described in subparagraphs (b),(c), (d), or (e) of Paragraph 3. Xxxxxxxx further understands and agrees that in the event of such a revocation, all other provisions of this Agreement shall remain in full force and effect. In the event that Xxxxxxxx shall obtain any money judgment or otherwise prevail with respect to any litigation brought by Xxxxxxxx to enforce any provision contained herein, the Company shall reimburse Xxxxxxxx for his reasonable attorneys' fees, expert witness fees and disbursements incurred in such litigation.