Conditions to Severance Payments. Employer's obligation to make any severance payments due hereunder or to provide any benefits to Employee after any termination or resignation hereunder (other than COBRA benefits) is expressly conditioned on Employee complying in full with the obligations under Sections 4, 5 and 6. In the event Employee does not fully comply with such obligations or in the event any such obligations are determined by any court to be unenforceable to any extent, Employer shall be relieved of all obligations to provide any severance or post-termination benefits.
Conditions to Severance Payments. The payments described in Section 6(c) above are expressly contingent and conditioned upon (i) Employee’s execution of a standard separation and general release agreement, in a written form acceptable to the Company, containing a release of any and all claims by Employee against the Company, whether such claims are actual or potential, or known or unknown (the “Release”); and (ii) Employee’s compliance with the restrictive covenants and all post-termination obligations to which Employee is subject, including, but not limited to, the obligations set forth in Section 7 of this Agreement, and in that certain Confidentiality and Assignment Agreement executed by Employee in favor of the Company attached hereto as Exhibit A (the “Employee Assignment Agreement”). The Company retains the right, in good faith, to terminate the initiation or continuation of payments described in Section 6(c) (as well as to pursue any other remedies available at law or in equity) if it obtains evidence that Employee breached Employee’s obligations under any of the post-employment covenants set forth in this Agreement or in the Employee Assignment Agreement, or it is determined that Employee engaged in conduct which would have justified termination With Cause. Further, Company may, in its sole discretion, waive Employee’s compliance with the restrictive covenants contained in Section 7 of this Agreement, by delivering written notice of such waiver to Employee, and upon delivery of such written waiver Company shall not be obligated to make any payments or further payments, as the case may be, to Employee pursuant to Section 6(c)(i) above.
Conditions to Severance Payments. Except as provided in Section 5.2.b and below in this Article 5.3, none of the Severance Payments and the Insurance Payments under Article 5.2 will be subject to reduction as the result of future compensation earned or received by Dayton (including by self-employment), and Dayton shall have no duty to mitigate his damages. The Severance Payments and the Insurance Payments shall, however, be conditioned upon:
5.3.a. The Company's receipt of a Settlement Agreement, General Release, and Covenant Not to Sue xxxcuted and performed by Dayton (or his legal representative, estate, or heirs) in substantially the form of Exhibit "A" to this Agreement (the "Release Agreement"); and
5.3.b. the compliance by Dayton (or his legal representative, estate, or heirs) with Articles 6, 7, 8, and 9 after the Termination Date as specified in those Articles, as well as with the Release Agreement. The Company may cease or reduce the Severance Payments or the Insurance Payments (or both) if, and the Company shall be entitled to a return of the Severance Payments and the Insurance Payments (or both) made to the extent that, there is or has been any material violation by Dayton (or his legal representatives, estate, or heirs) of any of Articles 6, 7, 8, and 9 or of the Release Agreement.
Conditions to Severance Payments. Except as provided in Section 5.2.b and below in this Article 5.3, none of the Severance Payments and the Insurance Payments under Article 5.2 will be subject to reduction as the result of future compensation earned or received by Deutsch (including by self-employment), and Deutsch shall have no duty to mitigate his damages. The Severance Payments and the Insurance Payments shall, however, be conditioned upon:
5.3.a. The Company's receipt of a Settlement Agreement, General Release, and Covenant Not to Sue xxxcuted and performed by Deutsch (or his legal representative, estate, or heirs) in substantially the form of Exhibit "A" to this Agreement (the "Release Agreement"); and
5.3.b. the compliance by Deutsch (or his legal representative, estate, or heirs) with Articles 6, 7, 8, and 9 after the Termination Date as specified in those Articles, as well as with the Release Agreement. The Company may cease or reduce the Severance Payments or the Insurance Payments (or both) if, and the Company shall be entitled to a return of the Severance Payments and the Insurance Payments (or both) made to the extent that, there is or has been any material violation by Deutsch (or his legal representatives, estate, or heirs) of any of Articles 6, 7, 8, and 9 or of the Release Agreement.
Conditions to Severance Payments. Any obligation of the Company to provide the Executive the Severance Payments is conditioned on his signing and returning, without revoking, to the Company a timely and effective separation agreement containing a general release of claims and other customary terms in the form provided to the Executive by the Company at the time that the Executive’s employment terminates (the “Separation Agreement”). The Separation Agreement must become effective, if at all, on the date the Executive’s employment terminates. In case this condition is not satisfied, the Executive will be entitled to any minimum severance indemnity due to him under Greek law.
Conditions to Severance Payments. To be eligible for Severance Payments, Employee must meet the following conditions:
Conditions to Severance Payments. Except as provided in Section 5.2.b and below in this Article 5.3, none of the Severance Payments and the Insurance Payments under Article 5.2 will be subject to reduction as the result of future compensation earned or received by Salsxxxx (xxcluding by self-employment), and Salsxxxx xxxll have no duty to mitigate her damages. The Severance Payments and the Insurance Payments shall, however, be conditioned upon:
5.3.a. The Company's receipt of a Settlement Agreement, General Release, and Covenant Not to Sue xxxcuted and performed by Salsxxxx (xx her legal representative, estate, or heirs) in substantially the form of Exhibit "A" to this Agreement (the "Release Agreement"); and
5.3.b. the compliance by Salsxxxx (xx her legal representative, estate, or heirs) with Articles 6, 7, 8, and 9 after the Termination Date as specified in those Articles, as well as with the Release Agreement. The Company may cease or reduce the Severance Payments or the Insurance Payments (or both) if, and the Company shall be entitled to a return of the Severance Payments and the Insurance Payments (or both) made to the extent that, there is or has been any material violation by Salsxxxx (xx her legal representatives, estate, or heirs) of any of Articles 6, 7, 8, and 9 or of the Release Agreement.
Conditions to Severance Payments. Except as provided below in this Article 5.3, none of the Severance Payments will be subject to reduction as the result of future compensation earned or received by Employee (including by self-employment), and Employee shall have no duty to mitigate his damages. The Severance Payments shall, however, be conditioned upon:
5.3.1. LifeCare’s receipt of a Employee Release of Claims executed and performed by Employee (or his legal representative, estate, or heirs) in substantially the form of Exhibit A to this Agreement (the “Release Agreement”); and
5.3.2. The compliance by Employee (or his legal representative, estate, or heirs) with Articles 6, 7, 8 and 9 after the Termination Date as specified in those Articles, as well as with the Release Agreement. For purposes of Articles 6, 7, 8 and 9, the term “LifeCare” shall be deemed to include LifeCare, LifeCare Holdings, Inc. and any of their respective subsidiaries or affiliates. LifeCare may reduce the amount of or discontinue the Severance Payments to be made to Employee (or his legal representative, estate, or heirs) if, and LifeCare shall be entitled to a return of amounts of the Severance Payments made to the extent that, there is or has been any violation of any of Articles 6, 7, 8 and 9 or of the Release Agreement.
Conditions to Severance Payments. As conditions precedent to being entitled to receive the payments set forth in Sections II.B.3 or 4, Executive must: (i) within twenty-one (21) days of the termination of Executive’s employment, sign and deliver and thereafter not revoke a release in the form of Exhibit B to this Agreement in accordance with its terms or a form otherwise acceptable to the Company; (ii) be and remain in full compliance with all provisions of this Agreement; and (iii) be and remain in full compliance with the Amended Non-Competition Agreement and any other covenants in this and in any other agreements between the Company and Executive. The Company shall have no obligation to make any payments or provide any benefits to Executive under Sections II.B.3 or 4 unless and until the effective date of the Waiver and Release Agreement, as defined therein.
Conditions to Severance Payments. Any severance payment to Employee is subject to the conditions that, and shall not be made unless, Employee has executed and not subsequently revoked or materially breached a Separation Agreement and General and Special Release of Claims substantially in the form attached hereto as Exhibit A (the “Separation Agreement”), incorporating any revisions required by intervening changes in law, and the period during which such Separation Agreement may be revoked has expired.
