Common use of Conditions to Payment and Acceleration Clause in Contracts

Conditions to Payment and Acceleration. All payments due to the Executive under this Section VIII shall be made as soon as practicable; provided, however, that such payments, shall be subject to, and contingent upon, the execution by the Executive (or his beneficiary or estate) of a release of any and all claims against the Company and its affiliates in such reasonable form agreed to by the Company and the Executive (which release will also require the Company to execute a release of claims against the Executive for any and all claims, but only including claims which the Company is then aware of, and specifically excluding claims relating to fraud, criminal matters, and accounting irregularities). The payments due to the Executive under this Section VIII shall be in lieu of any other severance benefits otherwise payable to the Executive under any severance plan of the Company or its affiliates and/or any other agreement or arrangement. Nothing herein shall be construed as limiting the Executive’s entitlement to any other vested accrued benefits to which he (or his estate if applicable) is then entitled under the Company’s applicable employee benefit plans, including without limitation any disability or death benefits which may become payable.

Appears in 4 contracts

Samples: Employment Agreement (Jackson Hewitt Tax Service Inc), Employment Agreement (Jackson Hewitt Tax Service Inc), Employment Agreement (Jackson Hewitt Tax Service Inc)

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Conditions to Payment and Acceleration. All payments due to the Executive under this Section VIII shall be made as soon as practicable; provided, however, that such payments, shall be subject to, and contingent upon, the execution by the Executive (or his beneficiary or estate) of a release of any and all claims against the Company JTAX and its affiliates in such reasonable form agreed to by the Company JTAX and the Executive (which release will also require the Company JTAX to execute a release of claims against the Executive for any and all claims, but only including claims which the Company JTAX is then aware of, and specifically excluding claims relating to fraud, criminal matters, and accounting irregularities). The payments due to the Executive under this Section VIII shall be in lieu of any other severance benefits otherwise payable to the Executive under any severance plan of the Company JTAX or its affiliates and/or any other agreement or arrangement. Nothing herein shall be construed as limiting the Executive’s entitlement to any other vested accrued benefits to which he (or his estate if applicable) is then entitled under the CompanyJTAX’s (and Cendant’s) applicable employee benefit plans, including without limitation any disability or death benefits which may become payable.

Appears in 4 contracts

Samples: Employment Agreement (Jackson Hewitt Tax Service Inc), Employment Agreement (Jackson Hewitt Tax Service Inc), Employment Agreement (Jackson Hewitt Tax Service Inc)

Conditions to Payment and Acceleration. All payments due to the Executive under this Section VIII 8 shall be made as soon as practicable; provided, however, that such payments, shall be subject to, and contingent upon, the execution by the Executive (or his beneficiary or estate) of a release of any and all claims against the Company and its affiliates in such reasonable form agreed to by the Company and the Executive (which release will also require the Company to execute a release of claims against the Executive for any and all claims, but only including claims which the Company is then aware of, and specifically excluding claims relating to fraud, criminal matters, and accounting irregularities). The payments due to the Executive under this Section VIII 8 shall be in lieu of any other severance benefits otherwise payable to the Executive under any severance plan of the Company or its affiliates and/or any other agreement or arrangement. Nothing herein shall be construed as limiting the Executive’s entitlement to any other vested accrued benefits to which he (or his estate if applicable) is then entitled under the Company’s applicable employee benefit plans, including without limitation any disability or death benefits which may become payable.

Appears in 2 contracts

Samples: Executive Employment Agreement (Jackson Hewitt Tax Service Inc), Executive Employment Agreement (Jackson Hewitt Tax Service Inc)

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Conditions to Payment and Acceleration. All payments due to the Executive under this Section VIII shall be made as soon as practicablesubject to the terms of this Agreement; provided, however, that such payments, shall be subject to, and contingent upon, the execution by the Executive (or his the Executive’s beneficiary or estate) of a release of any and all claims against the Company and its affiliates in such reasonable form agreed to by the Company and the Executive (which release will also require the Company to execute a release of claims against the Executive for any and all claims, but only including claims which the Company is then aware of, and specifically excluding claims relating to fraud, criminal matters, and accounting irregularities). The payments due to the Executive under this Section VIII shall be in lieu of any other severance benefits otherwise payable to the Executive under any severance plan of the Company or its affiliates and/or any other agreement or arrangement. Nothing herein shall be construed as limiting the Executive’s entitlement to any other vested accrued benefits to which he the Executive (or his the Executive’s estate if applicable) is then entitled under the Company’s applicable employee benefit plans, including including, without limitation limitation, any disability or death benefits which may become payable.

Appears in 1 contract

Samples: Executive Employment Agreement (Jackson Hewitt Tax Service Inc)

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