Breach of Release. Excluding the Executive’s duty of confidentiality, the breach of which shall be exclusively governed by Section 14 hereof, if the Executive violates any of his obligations under this Release, then the Company may at its option terminate the Executive’s rights to any and all Termination Benefits under Section 3 or any other payments or benefits referenced in this Release (with the sole exception of the Amounts and Benefits); provided, however, the Company may, in addition to any other rights it may have and in accordance with applicable law, demand a monetary payment equal to all Termination Benefits and other payments and benefits received by the Executive or any other payments or benefits referenced in this Release (with the sole exception of the Amounts and Benefits) and the Executive agrees to make such payment promptly upon such demand. In the event that the Company alleges that the Executive breached the Release, the prevailing party will be entitled to reasonable attorney fees.
Breach of Release. The Executive agrees that if he hereafter commences, joins in, or in any manner seeks relief through any suit arising out of, based upon, or relating to any of the Claims released by the Executive hereunder, or in any manner asserts against any of the Releasees any of the Claims released by the Executive hereunder, the Executive shall pay to such Releasee(s), as the case may be, in addition to any other damages caused to such Releasee, as the case may be, all attorneys' fees incurred in defending or otherwise responding to said suit or claim.
Breach of Release. If either Party brings suit or files a claim against the other Party, the Releasees, or Affiliates for any matter released by such Party under this Release Agreement, the prevailing Party shall be entitled to enforce the terms of this Release Agreement, and recover any damages, costs, expenses and attorney’s fees incurred in connection with the enforcement of its rights herein.
Breach of Release. Each of the parties hereto agrees that if either hereafter commences, joins in, or in any manner seeks relief through any suit arising out of, based upon, or relating to any of the Claims released by such party hereunder, or in any manner asserts against any other party hereto or the Releasees any of the claims released hereunder ( collectively, the "Released Claims"), the party asserting such Released Claim shall pay to such other party or such Releasee, as the case may be, in addition to any other damages caused to such other party or such Releasee, as the case may be, all reasonable attorneys' fees incurred in defending or otherwise responding to said suit or claim.
Breach of Release. The covenants, representations and acknowledgments made by Employee in this Release shall survive the execution of the Release and the delivery of any installment of the Separation Payment. The Company or any Releasee shall be excused and released from any obligation to make any part of the Separation Payment or provide any other benefits contained in the Release to the extent permitted by law in the event that (i) Employee has made a material misstatement in or commits any material breach of the terms, conditions or covenants in this Release (in which case Employee or Releasor shall also be liable for any damages suffered by the Company or any Releasee by reason of such breach or misstatement, including, but not limited to, attorneys’ fees); (ii) any part of this Release is determined to be illegal, Invalid or unenforceable; or (iii) Employee or Releasor claims in any forum that the Release is illegal, invalid or unenforceable. Employee understands and acknowledges that if he/she breaches this Release, Employee’s release and waiver of claims contained in this Release remain in full force and effect.
Breach of Release. The institution by Sav Max or Xxxx of any ----------------- action or proceeding involving a claim released under the Release. An Event of Default described in subparagraphs (a) through (g) and (i) shall be deemed a "Designated Event of Default."
Breach of Release. If Executive violates any of his obligations under this Release, then the Company may at its option terminate Executive’s rights to any and all Termination Benefits under Section 3 or any other payments or benefits referenced in this Release (with the sole exception of the Amounts and Benefits); provided, however, the Company may, in addition to any other rights it may have and in accordance with applicable law, demand a monetary payment equal to all Termination Benefits and other payments and benefits received by Executive or any other payments or benefits referenced in this Release (with the sole exception of the Amounts and Benefits) and Executive agrees to make such payment promptly upon such demand.
Breach of Release. The Company and Executive agrees that if either hereafter commences, joins in, or in any manner seeks relief through any suit arising out of, based upon, or relating to any of the Claims released by the Company or Executive hereunder, or in any manner asserts against the other party or the Releasees any of the claims released hereunder, the moving party shall pay to other party or such Releasee, as the case may be, in addition to any other damages caused to the other party or such Releasee, as the case may be, all attorneys fees incurred in defending or otherwise responding to said suit or claim.
Breach of Release. Executive and the Companies agree that if they hereafter commence, join in, or in any manner seek relief through any suit arising out of, based upon, or relating to any of the claims released by them as provided in paragraphs 12 and 13 herein above, or in any manner assert against any of the parties they have released any of the claims they have released hereunder, they shall pay to such parties, in addition to any other damages caused to them, reasonable attorneys' fees incurred in defending or otherwise responding to said suit or claim.
Breach of Release. I agree that should I fail to comply with any of my obligations as set forth in this Release, the Company will have no obligation to pay me the severance compensation, and I may be required to repay it; but all other provisions of this Release shall remain in full force and effect. I understand that I may also be liable for the Company’s damages and its attorneys’ fees and expenses resulting from my breach of any provision in this Release.
