Cessation of Benefits. In the event that (i) Employee materially breaches Employee's agreements contained herein after a severance benefit becomes payable hereunder and such breach is not cured to Employer's satisfaction within ten (10) days of written notice thereof, (ii) Employee asserts in any litigation that the Restrictive Covenants or the Employee Release is unenforceable for any reason, or (iii) facts come to the attention of the Employer which prove Employee, while employed by Employer, was guilty of committing an act involving embezzlement, misappropriation, theft or fraud, in addition to any other remedy which Employer may have as a result thereof, Employer shall be entitled to stop paying any severance benefit then not paid and recover from Employee the payment of any severance benefits already paid to Employee hereunder.
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Samples: Employment Agreement (Healthplan Services Corp), Employment Agreement (Healthplan Services Corp), Employment Agreement (Planvista Corp)
Cessation of Benefits. In the event that (i) Employee materially breaches Employee's ’s agreements contained herein after a severance benefit becomes payable hereunder and such breach is not cured to Employer's ’s satisfaction within ten (10) days of written notice thereof, (ii) Employee asserts in any litigation that the Restrictive Covenants or the Employee Release is unenforceable for any reason, or (iii) facts come to the attention of the Employer which prove Employee, while employed by Employer, was guilty of committing an act involving embezzlement, misappropriation, theft or fraud, in addition to any other remedy which Employer may have as a result thereof, Employer shall be entitled to stop paying any severance benefit then not paid and recover from Employee the payment of any severance benefits already paid to Employee hereunder.
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Cessation of Benefits. In the event that (i) Employee materially breaches Employee's agreements contained herein after a severance or Change of Control benefit becomes payable hereunder and such breach is not cured to Employer's satisfaction within ten (10) days of written notice thereof, (ii) Employee asserts in any litigation that the Restrictive Covenants or the Employee Release is unenforceable for any reason, or (iii) facts come to the attention of the Employer which prove Employee, while employed by Employer, was guilty of committing an act involving embezzlement, misappropriation, theft or fraud, in addition to any other remedy which Employer may have as a result thereof, Employer shall be entitled to stop paying any severance or Change of Control benefit then not being paid and recover from Employee discontinue the payment of any severance other benefits already paid to Employee hereunderhereunder from and after the date of such event.
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