Continued Payments. In the event after a Change in Control either party files for arbitration to resolve any dispute as to whether a termination is for Cause or Good Reason, until such dispute is determined by the arbitrators, the Executive shall continue to be treated economically and benefit wise in the manner asserted by him in the arbitration effective as of the date of the filing of the arbitration, subject to the Executive promptly refunding any amounts paid to him, paying the cost of any benefits provided to him and paying to the Company the profits in any stock option or other equity awards exercised or otherwise realized by him during the pendency of the arbitration which he is ultimately held not to be entitled to; provided the arbitrators may terminate such payments and benefits in the event that they determine at any point that the Executive is intentionally delaying conclusion of the arbitration.
Continued Payments. If the Company terminates this Agreement for any reason other than for Cause, or Executive terminates this Agreement for Good Reason and in accordance with Section 3.3, then in lieu of any other payments otherwise required hereunder, the Company shall, subject to Executive's compliance with Sections 5, 6, 7 and 8 hereof, pay Executive, as liquidated damages and not as a penalty, (a) within fifteen (15) days after the termination date, all accrued and unpaid salary and benefits (including accrued but unused vacation time) through the termination date and (b) the lesser of (i) an amount equal to his salary payments at the time of the termination, in accordance with the Company's then payment policy, and benefits provided for herein during the six-month period following the termination date, and (ii) the entire amount of the salary remaining due and payable from the date of such termination to the scheduled expiration of this Agreement; provided, however, that if such termination occurs prior to the first anniversary of the Effective Date, then in addition to items (a) and (b) above, Executive shall be entitled to continue to receive, in accordance with the Company's then payment policy, an amount equal to his salary payments and, to the extent Executive is not otherwise employed, health benefits, until the first anniversary of the Effective Date. In the event that this Agreement is terminated due to the death or disability of Executive, Company shall pay to Executive a portion of any bonus otherwise payable to Executive in accordance with Section 2.2 hereof, prorated to reflect any early termination of this Agreement relative to the performance period to which the bonus relates.
Continued Payments. Unless otherwise required under Section 4.1(b) below, the Company shall pay monthly to the Executive an amount equal to 1/12th of his current annual Model Compensation as of the Date of Termination for a period of twenty-four (24) months from the Date of Termination (the “Severance Period”). Except as otherwise expressly provided herein, under no circumstances shall the Executive receive more than a total of twenty-four (24) months of payments under this Agreement. All such continued payments shall be in accord with the Company’s customary pay practices.
Continued Payments. The Executive agrees that the Company shall not be ------------------ obligated to make any further payments (including any severance payments) or provide any benefits provided for herein, if the Executive shall, during the period in which such payments are being made, engage in Competition with the Company as defined in Section 7(a) above, or breach his obligations under Section 6. The provisions of Section 8 and 9 are in addition to and not by way of limitation of any other rights or remedies available to the Company.
Continued Payments. Subject to the effectiveness of the Release, the Company shall continue to pay the Executive’s Base Salary during the eighteen (18) month period following the Transition Date, at the current annual rate of $540,000 payable in accordance with the Company’s payroll schedule (with such payments to commence on the first Company payroll date which occurs on or following the 61st day following the Transition Date (the “Payment Commencement Date”) and with any payments which would otherwise have been payable during such 61 day period being paid on the Payment Commencement Date. In addition (also subject to the effectiveness of the Release), the Company shall pay to the Executive an amount equal to one and one half times her Target Bonus (as defined in the Employment Agreement) based upon the average percentage of achievement of target objectives for the prior three (3) years, which amount shall be payable in eighteen (18) equal monthly payments (commencing on the Payment Commencement Date and with any payments which would otherwise have been payable during such 61 day period being paid on the Payment Commencement Date). For the avoidance of doubt, the aggregate gross amount payable pursuant to the preceding sentence is agreed to be $420,390. In addition, the Company will continue to reimburse the Executive for her international calling plan charges in accordance with past practice, through January, 2017.
Continued Payments. If the Company terminates this Agreement for any reason not specified in Section 3.2 hereof, or Chairman terminates this Agreement pursuant to Section 3.3 hereof, then the Company shall continue, for the duration of the Term, (i) to pay Chairman his salary as set forth in Section 2, and (ii) to provide to Chairman the benefits described in Section 2.
Continued Payments. Provided you support the Company with the orderly transition of your work, the Company will provide you with payments equivalent to your base salary in effect as of the Separation Date for two (2) months following the Separation Date. These payments will be made subject to standard payroll deductions and withholdings on the Company’s regular payroll dates, beginning with the first such date to occur at least five (5) business days following the “Effective Date of Updated Release” (as defined in Exhibit A).
Continued Payments. Merchant charge-backs are subject to Mastercard rules and regulations, which rules and regulations can be reviewed at www. xxxxxxxxxx.xx. Even if you have problems or disputes with a merchant, you acknowledge and agree that you still owe the New Balance which includes those arising from the disputed Transaction(s). If a merchant gives you a refund and we receive a credit voucher from the merchant, we will deduct the amount of the credit voucher from the amount you owe on the Account. Until we receive the credit, you must make at least the Minimum Payment by the applicable Due Date in order to keep the Account in good standing. If we have charged you any interest as a result of disputed Transaction(s), we may not refund this interest to you. If we agree to credit the Account in respect of a merchant dispute, you agree that your rights and claims with respect to the credit are automatically assigned to us. In certain situations, you may be required to sign additional documentation before we can credit the Account and you covenant and agree to do so.
Continued Payments. For a period of three (3) years from the Employment Agreement Termination Date (the "Payment Term"), the Company shall pay the Executive an annual amount of $510,000, payable in equal installments in accordance with its usual and customary payroll practices. During the Retention Term, the amounts payable in this Section 3(A)(ii) shall be offset and payments hereunder shall be reduced by the amount of salary Executive receives from the Company for employment under Section 2(B) hereto.
Continued Payments. In the event after a Change in Control either party files for arbitration to resolve any dispute as to whether a termination is for Cause or Good Reason, until such dispute is determined by the arbitrators, the Executive shall continue to be treated economically and benefit wise in the manner asserted by him in the arbitration effective as of the date of the filing of the arbitration, subject to the Executive's undertaking in writing promptly to refund any amounts paid to him, pay the cost of any benefits provided to him and pay to the Company any profits in any stock option or other equity awards exercised or otherwise realized by him during the pendency of the arbitration, in each case to which he is ultimately held not to be entitled; provided the arbitrators may terminate such payments and benefits in the event that they determine at any point that the Executive is intentionally delaying conclusion of the arbitration.]
