Cessation/Reimbursement of Payments. If Executive violates any provision of this SECTION 5, the Company may, upon giving written notice to Executive, immediately cease all payments and benefits that it may be providing to Executive pursuant to SECTION 2 or SECTION 3, and Executive shall be required to reimburse the Company for any payments received from, and the cash value of any benefits provided by, the Company between the first day of the violation and the date such notice is given; provided, however, that the foregoing shall be in addition to such other remedies as may be available to the Company and shall not be deemed to permit Executive to forego or waive such payments in order to avoid his or her obligations under this SECTION 5; and provided, further, that any release of claims by Executive pursuant to SECTION 6.11 shall continue in effect.
Appears in 12 contracts
Samples: Employment Agreement (Stock Building Supply Holdings, Inc.), Employment Agreement (Stock Building Supply Holdings, Inc.), Employment Agreement (Stock Building Supply Holdings, Inc.)
Cessation/Reimbursement of Payments. If Notwithstanding anything to the contrary in this Agreement, if Executive violates any provision of this SECTION 4 or SECTION 5, the Company may, upon giving written notice to Executive, immediately terminate Executive’s employment with the Company for Cause or, in the event the violation occurs following the Termination Date, cease all payments and benefits that it may be providing to Executive pursuant to SECTION 2 or SECTION 3, and Executive shall be required to reimburse the Company for any payments received from, and the cash value of any benefits provided by, from the Company between the first day of the violation and the date such notice is givenpursuant to SECTION 3; provided, however, that the foregoing shall be in addition to such other remedies as may be available to the Company and shall not be deemed to permit Executive to forego or waive such payments in order to avoid his or her obligations under this SECTION 4 or SECTION 5; and provided, further, that any release of claims by Executive pursuant to SECTION 6.11 6.10 shall continue in effect.
Appears in 7 contracts
Samples: Employment Agreement (Builders FirstSource, Inc.), Employment Agreement (Builders FirstSource, Inc.), Employment Agreement (Builders FirstSource, Inc.)
Cessation/Reimbursement of Payments. If Executive violates any provision of this SECTION Section 5, the Company may, upon giving written notice to Executive, immediately cease all payments and benefits that it may be providing to Executive pursuant to SECTION Sections 2 or SECTION 3, and Executive shall be required to reimburse the Company for any payments received from, and the cash value of any benefits provided by, the Company between the first day of the violation and the date such notice is given; provided, however, that the foregoing shall be in addition to such other remedies as may be available to the Company and shall not be deemed to permit Executive to forego or waive such payments in order to avoid his or her obligations under this SECTION Section 5; and provided, further, that any release of claims by Executive pursuant to SECTION Section 6.11 shall continue in effect.
Appears in 6 contracts
Samples: Employment Agreement (Stock Building Supply Holdings, Inc.), Employment Agreement (Stock Building Supply Holdings, Inc.), Employment Agreement (Stock Building Supply Holdings, Inc.)
Cessation/Reimbursement of Payments. If Executive violates any provision of this SECTION 4 or SECTION 5, the Company may, upon giving written notice to Executive, immediately cease all payments and benefits that it may be providing to Executive pursuant to SECTION 2 or SECTION 3, and Executive shall be required to reimburse the Company for any payments received from, and the cash value of any benefits provided by, the Company between the first day of the violation and the date such notice is given; provided, however, that the foregoing shall be in addition to such other remedies as may be available to the Company and shall not be deemed to permit Executive to forego or waive such payments in order to avoid his or her obligations under this SECTION 4 or SECTION 5; and provided, further, that any release of claims by Executive pursuant to SECTION 6.11 6.10 shall continue in effect.
Appears in 4 contracts
Samples: Employment Agreement (BMC Stock Holdings, Inc.), Employment Agreement (BMC Stock Holdings, Inc.), Employment Agreement (BMC Stock Holdings, Inc.)
Cessation/Reimbursement of Payments. If Executive violates any provision of this SECTION Section 5, the Company may, upon giving written notice to Executive, immediately cease all payments and benefits that it may be providing to Executive pursuant to SECTION Section 2 or SECTION 3and Section 3.5, and Executive shall be required to reimburse the Company for any payments received from, and the cash value of any benefits provided by, the Company between the first day of the violation and the date such notice is given; provided, however, that the foregoing shall be in addition to such other remedies as may be available to the Company and shall not be deemed to permit Executive to forego or waive such payments in order to avoid his or her Executive’s obligations under this SECTION Section 5; and provided, further, that however, that, notwithstanding the foregoing, any release of claims by Executive pursuant to SECTION 6.11 Section 6.9 shall continue in effect.
Appears in 3 contracts
Samples: Employment Agreement (Jones Soda Co), Employment Agreement (Jones Soda Co), Employment Agreement (Jones Soda Co)
Cessation/Reimbursement of Payments. If Executive violates any provision of this SECTION 5, the Company may, upon giving written notice to Executive, immediately cease all payments and benefits that it may be providing to Executive pursuant to SECTION 2 or SECTION Section 3, and Executive shall be required to reimburse the Company for any payments received from, and the cash value of any benefits provided by, the Company between the first day of the violation and the date such notice is given; provided, however, that the foregoing shall be in addition to such other remedies as may be available to the Company and shall not be deemed to permit Executive to forego or waive such payments in order to avoid his or her obligations under this SECTION 5; and provided, further, that any release of claims by Executive pursuant to SECTION Section 6.11 shall continue in effect.
Appears in 1 contract
Samples: Severance Agreement (Stock Building Supply Holdings, Inc.)
Cessation/Reimbursement of Payments. If Notwithstanding anything to the contrary in this Agreement, if Executive violates any provision of this SECTION 4 or SECTION 5, the Company may, upon giving written notice to Executive, immediately terminate Executive’s employment with the Company for Cause or, in the event the violation occurs following the Termination Date, cease all payments and benefits that it may be providing to Executive pursuant to SECTION 2 or SECTION 3, and Executive shall be required to reimburse the Company for any payments received from, and the cash value of any benefits provided by, from the Company between the first day of the violation and the date such notice is givenpursuant to SECTION 3; provided, however, that the foregoing shall be in addition to such other remedies as may be available to the Company and shall not be deemed to permit Executive to forego or waive such payments in order to avoid his or her obligations under this SECTION 4 or SECTION 5; and provided, further, that any release of claims by Executive pursuant to SECTION 6.11 6.10 shall continue in effect.
Appears in 1 contract