Challenges to Validity. Should I attempt to challenge the enforceability of this Release, I agree first (1) to deliver a certified check to the Company for all amounts I have received because I signed this Release, plus 10 percent interest per annum, (2) to direct in writing that all future benefits or payments I am to receive because I signed this Release be suspended, and (3) to invite the Company to cancel this Release. If the Company accepts my offer, this Release will be canceled. If it rejects my offer, the Company will notify me and deposit the amount I 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 me the amount in the account, less any amounts I owe 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.
Appears in 4 contracts
Samples: Separation Agreement and General Release (Aeolus Pharmaceuticals, Inc.), Employment Agreement (Velocityhsi Inc), Employment Agreement (Velocityhsi Inc)
