Common use of Effect of Failure Clause in Contracts

Effect of Failure. In the event Executive fails to deliver or revokes the release referred to in Section 5(a) above, Executive shall not be entitled to any of the payments described in Section 2(a) or 3(c) above. In the event that, prior to the end of the Severance Period, Executive breaches any of his obligations under this Agreement, including this Section 5, the Company’s obligations to provide the payments under Sections 2(a) and 3(c) shall thereupon cease and the Company shall be entitled to recover from Executive any and all amounts theretofore paid to Executive pursuant to Section 2(a) or 3(c).

Appears in 3 contracts

Samples: Severance Agreement (Questcor Pharmaceuticals Inc), Severance Agreement (Questcor Pharmaceuticals Inc), Severance Agreement (Questcor Pharmaceuticals Inc)

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Effect of Failure. In the event Executive fails to deliver or revokes the release referred to in Section 5(a10(a) above, Executive shall not be entitled to any of the payments described in Section 2(a6(a), 7(c) or 3(c) 10 above. In the event that, prior to the end of the Severance Period, Executive breaches any of his obligations under this Agreement, including this Section 5Sections 10 or 12 hereof, the Company’s obligations to provide the payments under Sections 2(a6(a), 7(c) and 3(c) 9 shall thereupon cease and the Company shall be entitled to recover from Executive any and all amounts theretofore paid to Executive pursuant to Section 2(a6(a), 7(c) or 3(c)9.

Appears in 1 contract

Samples: Employment Agreement (Questcor Pharmaceuticals Inc)

Effect of Failure. In the event Executive fails to deliver or revokes the release referred to in Section 5(a4(a) above, Executive shall not be entitled to any of the payments described in Section 2(a) or 3(c) above. In the event that, prior to the end of the Severance Period, Executive breaches any of his obligations under this Agreement, including this Section 54, the Company’s obligations to provide the payments under Sections 2(a) and 3(c) shall thereupon cease and the Company shall be entitled to recover from Executive any and all amounts theretofore paid to Executive pursuant to Section 2(a) or 3(c).

Appears in 1 contract

Samples: Severance Agreement (Questcor Pharmaceuticals Inc)

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Effect of Failure. In the event Executive fails to deliver or revokes the release referred to in Section 5(a9(a) above, Executive shall not be entitled to any of the payments described in Section 2(a6(a), 7(c) or 3(c) 9 above. In the event that, prior to the end of the Severance Period, Executive breaches any of his obligations under this Agreement, including this Section 5Sections 9 or 11 hereof, the Company’s obligations to provide the payments under Sections 2(a6(a), 7(c) and 3(c) 8 shall thereupon cease and the Company shall be entitled to recover from Executive any and all amounts theretofore paid to Executive pursuant to Section 2(a6(a), 7(c) or 3(c)8.

Appears in 1 contract

Samples: Employment Agreement (Questcor Pharmaceuticals Inc)

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