Common use of Conditions to Severance Payments Clause in Contracts

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.