Common use of Breach of Section 12 Clause in Contracts

Breach of Section 12. Notwithstanding anything to the contrary in this Agreement, in the event of a breach by Executive of the provisions of Section 12 of this Agreement following Executive's termination of employment, or a material breach by Executive of the provisions of Section 12 of this Agreement during Executive's employment which the Committee determines would have been Cause to terminate Executive's employment and that is discovered by the Company within six (6) months following Executive's termination of employment, Executive shall be entitled to no further payments under this Section 6, and shall repay to the Company any payments previously made under this Section 6. Any amounts repaid by Executive under this Section 6.4 will reduce (on a dollar for dollar basis) any damages payable by Executive as a result of a breach of the terms of Section 12.

Breach of Section 12. Notwithstanding anything to the contrary in this Agreement, in the event of a breach by Executive of the provisions of Section 12 of this Agreement following Executive's ’s termination of employment, or a material breach by Executive of the provisions of Section 12 of this Agreement during Executive's ’s employment which the Committee determines Executive’s immediate supervisor and Parent’s Senior Vice President of Human Resources determine would have been Cause to terminate Executive's ’s employment and that is discovered by the Company within six (6) months following Executive's ’s termination of employment, Executive shall be entitled to no further payments under this Section 6, and shall repay to the Company any payments previously made under this Section 6. Any amounts repaid by Executive under this Section 6.4 will reduce (on a dollar for dollar basis) any damages payable by Executive as a result of a breach of the terms of Section 12.