Common use of Eligibility for Payment Clause in Contracts

Eligibility for Payment. 8.1 Any and all payments due hereunder may be denied if not already begun, or terminated if they have begun, if in the Company’s sole judgment Executive is either not eligible for such payments, or once such payments have begun is found to be or found to have been ineligible. 8.2 Executive shall not be eligible for any payments hereunder if the Company, in its sole discretion, finds that during or subsequent to his employment with the Company he: (a) breaches, or has breached any term, provision or obligation enumerated herein; (b) committed any act by commission or omission which materially and substantially adversely affects the Company’s business or reputation; or (c) is convicted of any violation of the Federal Food, Drug and Cosmetic Act, or the violation of any other statute of material relevance to the Company’s business. 8.3 Should Executive be paid any benefits hereunder and thereafter be found ineligible, or to have been ineligible, he must return to the Company that portion of the benefit paid to him for the period of his ineligibility.

Eligibility for Payment. 8.1 Any and all payments due hereunder may be denied if not already begun, or terminated if they have begun, if in the Company’s sole judgment Executive is either not eligible for such payments, or once such payments have begun is found to be or found to have been ineligible. 8.2 Executive shall not be eligible for any payments hereunder if the Company, in its sole discretion, finds that during or subsequent to his her employment with the Company heshe: (a) breaches, or has breached any term, provision or obligation enumerated herein; (b) committed any act by commission or omission which materially and substantially adversely affects the Company’s business or reputation; or (c) is convicted of any violation of the Federal Food, Drug and Cosmetic Act, or the violation of any other statute of material relevance to the Company’s business. 8.3 Should Executive be paid any benefits hereunder and thereafter be found ineligible, or to have been ineligible, he she must return to the Company that portion of the benefit paid to him her for the period of his her ineligibility.