Common use of Consideration and Remedy Clause in Contracts

Consideration and Remedy. Executive acknowledges that the following paragraphs are material provisions of this Agreement: Complete Release, Return of Company Property; Commencing Another Position; Cooperation; Confidentiality and Non-Disparagement; Restrictive Covenant Agreement; Severability and Governing Law; and Other Agreements, Survivability and Successorship (collectively, the “Material Provisions”). Executive further acknowledges that (i) the first $50,000 payable to Executive as payments pursuant to subparagraph (a) of the “Payments and Benefits” paragraph of this Agreement is consideration (the “ADEA Consideration”) for Executive’s release and waiver in the “Complete Release” paragraph of this Agreement of any claims, causes of action and demands of any kind arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA Released Claims”) and (ii) the remainder of the amount payable to Executive as payments and benefits described in the “Payments and Benefits” paragraph of this Agreement are consideration (the “Other Consideration”) for (a) the Executive’s release and waiver in the “Complete Release” paragraph of this Agreement of any claims, causes of action and demands of any kind other than the ADEA Released Claims (the “Other Released Claims”) and (b) the Executive’s obligations pursuant to the Material Provisions. In the event of a breach by Executive of the Material Provisions (excluding ADEA Released Claims) or in the event Executive challenges the enforceability of this Agreement as to any of the Other Released Claims, the Company shall be entitled to immediately cease providing to Executive the Other Consideration and any other benefits under this Agreement, except to the extent that such payments and benefits are required, either under this paragraph 11 or by law. In the event of a breach of this Agreement by either party, the other party shall be entitled to all remedies available at law or equity.

Consideration and Remedy. Executive acknowledges that in addition to this paragraph, the following paragraphs are material provisions of this Agreement: Complete Release, Return of Company Property; Commencing Another PositionTermination from Employment; Cooperation; Confidentiality and Non-Disparagement; Restrictive Covenant Agreement; Severability and Governing Law; and Other Agreements, Survivability and Successorship (collectively, the “Material Provisions”). Executive further acknowledges that (i) the first $50,000 5,000.00 payable to Executive as payments pursuant to subparagraph (aParagraph 1(a) of the “Payments and Benefits” paragraph 1(b) of this Agreement is consideration (the “ADEA Consideration”) for Executive’s release and waiver in the “Complete Release” paragraph of this Agreement of any claims, causes of action and demands of any kind arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA Released Claims”) ); and (ii) the remainder of the amount payable to Executive as payments and benefits described in the “Payments Paragraph 1(a) and Benefits” paragraph 1(b) of this Agreement are consideration (the “Other Consideration”) for (a) the Executive’s release and waiver in the “Complete Release” paragraph of this Agreement of any claims, causes of action and demands of any kind other than the ADEA Released Claims (the “Other Released Claims”) ); and (b) the Executive’s obligations pursuant to the Material Provisions. In the event of a breach by Executive of the Material Provisions (excluding ADEA Released Claims) or in the event Executive challenges the enforceability of this Agreement as to any of the Other Released Claims, the Company shall be entitled to immediately cease providing to Executive the Other Consideration and any other benefits under this Agreement, except to the extent that such payments and benefits are required, either under this paragraph 11 or by law. In the event of a breach of this Agreement by either partyThe Company, the other party Western Union, and/or their subsidiaries and Affiliates shall also be entitled to all remedies available at law or equity.

Consideration and Remedy. Executive acknowledges that the following paragraphs are material provisions of this Agreement: Complete Release, Return of Company Property; Commencing Another Position; Cooperation; Confidentiality and Non-Disparagement; Restrictive Covenant Agreement; Severability and Governing Law; and Other Agreements, Survivability and Successorship (collectively, the “Material Provisions”). Executive further acknowledges first installment that (i) the first $50,000 will become payable to Executive as payments pursuant to subparagraph (a) of the “Payments and Benefits” paragraph of him under this Agreement is consideration (the “ADEA Consideration”) for Executive’s his release and waiver in the “Complete Release” paragraph of this Agreement 2 of any claims, causes of action and demands of any kind arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA Released Claims”) and (ii) ). Executive also acknowledges that the remainder of the amount that will become payable to Executive as payments and benefits described in the “Payments and Benefits” paragraph 1(a) of this Agreement are consideration (the “Other Consideration”) for (a) the Executive’s release and waiver in the “Complete Release” paragraph of this Agreement 2 of any claims, causes of action and demands of any kind other than the ADEA Released Claims (the “Other Released Claims”) and (b) the Executive’s obligations pursuant to the Material Provisionsthis Agreement. In the event of of: (i) a breach or a threatened breach by Executive of any of the Material Provisions terms of this Agreement (excluding ADEA Released Claims); (ii) or in the event a challenge by Executive challenges of the enforceability of this Agreement as to any of the Other Released Claims; (iii) the discovery by the Company before or after Executive’s Separation Date that Executive has engaged in any act constituting Cause (as defined in the Severance Policy); or (iv) a violation of any material Company policy on or before his Separation Date, the Company shall will be entitled to immediately cease providing to Executive the Other Consideration and any other payments or benefits under this Agreement, except Agreement and Executive shall repay to Company all of the extent that such payments and benefits are required, either under this paragraph 11 or by law. In Other Consideration Executive has received as of the event of a breach of this Agreement by either party, date the other party shall be entitled to all remedies available at law or equityOther Consideration has ceased.

Consideration and Remedy. Executive acknowledges that the following paragraphs are material provisions of this Agreement: Complete Release, Return of Company Property; Commencing Another Position; Cooperation; Confidentiality and Non-Disparagement; Restrictive Covenant Agreement; Severability and Governing Law; and Other Agreements, Survivability and Successorship (collectively, the “Material Provisions”). Executive further acknowledges first installment that (i) the first $50,000 will become payable to Executive as payments pursuant to subparagraph (a) of the “Payments and Benefits” paragraph of him under this Agreement is consideration (the “ADEA Consideration”) for Executive’s his release and waiver in the “Complete Release” paragraph of this Agreement 2 of any claims, causes of action and demands of any kind arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA Released Claims”) and (ii) ). Executive also acknowledges that the remainder of the amount payable to Executive as payments and benefits described in the “Payments and Benefits” paragraph 1(a) of this Agreement are consideration (the “Other Consideration”) for (a) the Executive’s release and waiver in the “Complete Release” paragraph of this Agreement 2 of any claims, causes of action and demands of any kind other than the ADEA Released Claims (the “Other Released Claims”) and (b) the Executive’s obligations pursuant to the Material Provisionsthis Agreement. In the event of a event: (i) the Executive breaches or threatens to breach by Executive any of the Material Provisions terms of this Agreement (excluding ADEA Released Claims); (ii) or in the event Executive challenges the enforceability of this Agreement as to any of the Other Released Claims; or (iii) the Company discovers Executive has engaged in any act constituting Cause (as defined in the First Data Corporation Severance/Change in Control Policy (Executive Committee Level)) or violated any material Company policy before Executive’s Termination Date, the Company shall will be entitled to immediately cease providing to Executive the Other Consideration and any other benefits under this Agreement, except Agreement and Executive shall repay to Company all of the extent that such payments and benefits are required, either under this paragraph 11 or by lawOther Consideration Executive has received as of the date the Other Consideration has ceased. In the event of a breach of this Agreement by either party, the other party shall The Company will also be entitled to all any remedies available at in law or equity.

Consideration and Remedy. Executive acknowledges that the following paragraphs are material provisions of this Separation Agreement: Continued Employment and Transition Period; Complete Release; Termination from Employment Prior to February 28, Return of Company Property; Commencing Another Position2014; Cooperation; Confidentiality and Non-Disparagement; Restrictive Covenant AgreementAffirmation of Compliance; Severability and Governing Law; and Other Agreements, Survivability and Successorship Successorship; and Code Section 409A (collectively, the “Material Provisions”). Executive further acknowledges that (i) the first $50,000 10,000.00 payable to Executive as payments pursuant to subparagraph (a) of the “Payments and Benefits” paragraph of this Separation Agreement is consideration (the “ADEA Consideration”) for Executive’s release and waiver in the “Complete Release” paragraph of this Separation Agreement of any claims, causes of action and demands of any kind arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA Released Claims”) ); and (ii) the remainder of the amount amounts payable to Executive as payments and benefits described in pursuant to subparagraph (a) of the “Payments and Benefits” paragraph of this Separation Agreement and the benefits described in subparagraph (d) of the “Payments and Benefits” paragraph of this Separation Agreement are consideration (the “Other Consideration”) for (a) the Executive’s release and waiver in the “Complete Release” paragraph of this Separation Agreement of any claims, causes of action and demands of any kind other than the ADEA Released Claims (the “Other Released Claims”) ); and (b) the Executive’s obligations pursuant to the Material Provisions. In the event of a breach by the Executive of the Material Provisions (excluding ADEA Released Claims) or in the event Executive challenges the enforceability of this Separation Agreement as to any of the Other Released Claims, the Company shall be entitled to immediately cease providing to the Executive the Other Consideration and any other benefits under this Separation Agreement, except to the extent that such payments and benefits are required, either under this paragraph 11 or by law. In the event of a breach of this Agreement by either partyThe Company, the other party Western Union, and/or their subsidiaries and Affiliates shall also be entitled to all remedies available at law or equity.

Consideration and Remedy. Executive acknowledges that the following paragraphs are material provisions of this AgreementFebruary 28, 2014 Release: Complete Release, ; Return of Company Property; Non-Solicitation and Non-Disclosure; Commencing Another Position; Cooperation; Confidentiality and Non-Disparagement; Restrictive Covenant AgreementAffirmation of Compliance; Severability and Governing Law; and Other Agreements, Survivability and Successorship Successorship; and Code Section 409A (collectively, the “Material Provisions”). Executive further acknowledges that (i) the first $50,000 50,000.00 payable to Executive as payments pursuant to subparagraph (a) of the “Payments and Benefits” paragraph of this Agreement February 28, 2014 Release is consideration (the “ADEA Consideration”) for Executive’s release and waiver in the “Complete Release” paragraph of this Agreement February 28, 2014 Release of any claims, causes of action and demands of any kind arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA Released Claims”) ); and (ii) the remainder of the amount payable to Executive as payments and benefits described in the “Payments and Benefits” paragraph of this Agreement February 28, 2014 Release are consideration (the “Other Consideration”) for (a) the Executive’s release and waiver in the “Complete Release” paragraph of this Agreement February 28, 2014 Release of any claims, causes of action and demands of any kind other than the ADEA Released Claims (the “Other Released Claims”) ); and (b) the Executive’s obligations pursuant to the Material Provisions. In the event of a breach by the Executive of the Material Provisions (excluding ADEA Released Claims) or in the event Executive challenges the enforceability of this Agreement February 28, 2014 Release as to any of the Other Released Claims, the Company shall be entitled to immediately cease providing to the Executive the Other Consideration and any other benefits under this February 28, 2014 Release and under the Separation Agreement, except to the extent that such payments and benefits are required, either under this paragraph 11 or by law. In the event of a breach of this Agreement by either partyThe Company, the other party Western Union, and/or their subsidiaries and Affiliates shall also be entitled to all remedies available at law or equity.

Consideration and Remedy. Executive acknowledges that that, in addition to this paragraph, the following paragraphs are material provisions of this Agreement: Complete Release1, Return of Company Property; Commencing Another Position; Cooperation; Confidentiality 2, 3, 4, 5, 6, 7, 8, 10, and Non-Disparagement; Restrictive Covenant Agreement; Severability and Governing Law; and Other Agreements, Survivability and Successorship 12 (collectively, the “Material Provisions”). Executive further acknowledges that (i) the first installment of $50,000 312,500.00 that will become payable to Executive as payments pursuant to subparagraph (a) of the “Payments and Benefits” paragraph of him under this Agreement is consideration (the “ADEA Consideration”) for Executive’s his release and waiver in the “Complete Release” paragraph of this Agreement 2 of any claims, causes of action and demands of any kind arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA Released Claims”) and (ii) ). Executive also acknowledges that the remainder of the amount that will become payable to Executive as payments and benefits described in the “Payments and Benefits” paragraph 1(a) of this Agreement are consideration (the “Other Consideration”) for (a) the Executive’s release and waiver in the “Complete Release” paragraph of this Agreement 2 of any claims, causes of action and demands of any kind other than the ADEA Released Claims (the “Other Released Claims”) and (b) the Executive’s obligations pursuant to the Material Provisions. In the event of of: (i) a breach or a threatened breach by Executive of any of the Material Provisions of this Agreement (excluding ADEA Released Claims); (ii) or in the event a challenge by Executive challenges of the enforceability of this Agreement as to any of the Other Released Claims; (iii) the discovery by the Company on or after Executive’s Resignation Date that Executive has engaged in any act constituting Cause (as defined in Executive’s Employment Agreement) or (iv) a violation of any material Company policy on or before his Resignation Date, the Company shall will be entitled to immediately cease providing to Executive the Other Consideration and any other payments or benefits under this Agreement. Notwithstanding the foregoing, except to the extent that such payments and benefits are required, either under this paragraph 11 or by lawAgreement shall only terminate after written notice of such breach and if Executive has not cured such breach within ten (10) business days following the delivery of such notice. In the event of a Whether Executive has cured such breach of this Agreement by either party, the other party shall be entitled to all remedies available at law or equitydetermined in the reasonable judgment of the Company Board of Directors.

Consideration and Remedy. Executive acknowledges that the following paragraphs are material provisions of this AgreementRelease: Complete Release, Return of Company Property; Commencing Another PositionRestrictive Covenant Agreement; Cooperation; Confidentiality and Non-Disparagement; Restrictive Covenant Agreement; Severability and Governing LawAffirmation of Compliance; and Other Agreements, Survivability and Successorship (collectively, the “Material Provisions”). Executive further acknowledges that (i) the first $50,000 payable to Executive as payments pursuant to subparagraph (a) of the “Payments and Benefits” paragraph of this Consulting Agreement is consideration (the “ADEA Consideration”) for Executive’s release and waiver in the “Complete Release” paragraph of this Agreement Release of any claims, causes of action and demands of any kind arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA Released Claims”) ); and (ii) the remainder of the amount payable to Executive as payments and benefits described in pursuant to the “Payments and Benefits” paragraph of this Consulting Agreement are is consideration (the “Other Consideration”) for (a) the Executive’s release and waiver in the “Complete Release” paragraph of this Agreement Release of any claims, causes of action and demands of any kind other than the ADEA Released Claims (the “Other Released Claims”) ); and (b) the Executive’s obligations pursuant to the Material Provisions. In the event of a breach by the Executive of the Material Provisions (excluding ADEA Released Claims) or in the event Executive challenges the enforceability of this Agreement Release as to any of the Other Released Claims, the Company shall be entitled to immediately cease providing to the Executive the Other Consideration and any other benefits under this AgreementRelease, except to the extent that such payments and benefits are required, either under this paragraph 11 or by law. In the event of a breach of this Agreement by either partyThe Company, the other party Western Union, and/or their subsidiaries and Affiliates shall also be entitled to all remedies available at law or equity.