Common use of Challenges to Validity Clause in Contracts

Challenges to Validity. Should Employee attempt to challenge the enforceability of this Release, Employee agrees first: (1) to deliver a certified check to the Company for all amounts he has received because he signed this Release, plus 10 percent interest per annum; (2) to direct in writing that all future benefits or payments Employee is to receive because he signed this Release be suspended; and (3) to invite the Company to cancel this Release. If the Company accepts Employee's offer, this Release will be canceled. If it rejects Employee's offer, the Company will notify Employee and deposit the amount Employee repaid, plus all suspended future benefits and payments, in an interest-bearing account pending a determination of the enforceability of this Release. If the Release is determined to be enforceable, the Company is to pay Employee the amount in the account, less any amounts Employee owes the Company. If the Release is determined to be unenforceable, the amount credited to the account shall be paid to the entities that paid the consideration for this Release in proportion to their payments, and the suspension of future benefits or payments shall become permanent.