Exclusive Remedy. In the event of a termination of Executive’s employment as set forth in Section 3(a) or (b) of this Agreement, the provisions of Section 3 are intended to be and are exclusive and in lieu of any other rights or remedies to which Executive or the Company otherwise may be entitled, whether at law, tort or contract, in equity, or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and any unreimbursed reimbursable expenses). Executive will be entitled to no benefits, compensation or other payments or rights upon a termination of employment other than those benefits expressly set forth in Section 3 of this Agreement.
Appears in 33 contracts
Samples: Change of Control and Severance Agreement (Veracyte, Inc.), Change of Control and Severance Agreement (Veracyte, Inc.), Change of Control and Severance Agreement (Veracyte, Inc.)
Exclusive Remedy. In the event of a termination of Executive’s employment as set forth in Section Sections 3(a) or (band 3(b) of this Agreement, the provisions of Section 3 are intended to be and are exclusive and in lieu of and supersede any other rights or remedies to which Executive or the Company otherwise may be entitled, whether at law, tort or contract, contract or in equity, or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and any unreimbursed reimbursable expenses). Executive will be entitled to no benefits, compensation or other payments or rights upon a termination of employment other than those benefits expressly set forth in Section 3 of this Agreement.
Appears in 13 contracts
Samples: Change in Control Severance Agreement (Gigamon Inc.), Change in Control Severance Agreement (Gigamon Inc.), Change in Control Severance Agreement (Gigamon Inc.)
Exclusive Remedy. In the event of a termination of Executive’s employment as set forth in Section 3(a) or (b) of this Agreementwith the Company, the provisions of this Section 3 are intended to be and are exclusive and in lieu of any other rights or remedies to which Executive or the Company may otherwise may be entitled, whether at law, tort or contract, in equity, or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and any unreimbursed reimbursable expenses). Executive will be entitled to no other severance, benefits, compensation or other payments or rights upon a termination of employment employment, including, without limitation, any severance payments and/or benefits provided in the Employment Agreement, other than those benefits expressly set forth in Section 3 of this AgreementAgreement or pursuant to written equity award agreements with the Company.
Appears in 10 contracts
Samples: Severance and Change in Control Agreement (Resonant Inc), Severance and Change in Control Agreement (Resonant Inc), Severance and Change in Control Agreement (Resonant Inc)
Exclusive Remedy. In the event of a termination of Executive’s employment as set forth in Section 3(a) or (band Section 3(b) of this Agreement, the provisions of this Section 3 are intended to be and are exclusive and in lieu of any other rights or remedies to which Executive or the Company otherwise may be entitled, whether at law, tort or contract, in equity, or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and any unreimbursed reimbursable expenses). Executive will be entitled to no benefits, compensation or other payments or rights upon a termination of employment prior to or following a Change of Control other than those benefits expressly set forth in Section 3 of this Agreement.
Appears in 8 contracts
Samples: Change of Control and Severance Agreement (Cutera Inc), Change of Control and Severance Agreement (Cutera Inc), Change of Control and Severance Agreement (Cutera Inc)
Exclusive Remedy. In the event of a termination of Executive’s employment as set forth in Section 3(a) or (bSection 3(b) of this Agreement, the provisions of Section 3 are intended to be and are exclusive and in lieu of any other rights or remedies to which Executive or the Company otherwise may be entitled, whether at law, tort or contract, in equity, or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and any unreimbursed reimbursable expenses). Executive will be entitled to no benefits, compensation or other payments or rights upon a termination of employment other than those benefits expressly set forth in Section 3 of this Agreement.
Appears in 7 contracts
Samples: Change of Control Severance Agreement (Cornerstone OnDemand Inc), Change of Control Severance Agreement (Cornerstone OnDemand Inc), Change of Control Severance Agreement (Cornerstone OnDemand Inc)
Exclusive Remedy. In the event of a termination of Executive’s employment as set forth in Section 3(a) or (b) of this Agreement, the provisions of Section 3 are intended to be and are exclusive and in lieu of and supersede any other rights or remedies to which Executive or the Company otherwise may be entitled, whether at law, tort or contract, contract or in equity, or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and any unreimbursed reimbursable expenses). Executive will be entitled to no benefits, compensation or other payments or rights upon a termination of employment other than those benefits expressly set forth in Section 3 of this Agreement.
Appears in 7 contracts
Samples: Control Severance Agreement (Pacific Biosciences of California, Inc.), Control Severance Agreement (Pacific Biosciences of California Inc), Control Severance Agreement (Pacific Biosciences of California Inc)
Exclusive Remedy. In the event of a termination of Executive’s employment as set forth in with the Company pursuant to Section 3(a) or (b) of this AgreementSection 3(b), the provisions of this Section 3 are intended to be and are exclusive and in lieu of any other rights or remedies to which Executive or the Company may otherwise may be entitled, whether at law, tort or contract, in equity, or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and any unreimbursed reimbursable expenses). Executive will be entitled to no other severance, benefits, compensation or other payments or rights upon a termination of employment employment, including, without limitation, any severance payments and/or benefits provided in the Employment Agreement, other than those benefits expressly set forth in Section 3 of this AgreementAgreement or pursuant to written equity award agreements with the Company.
Appears in 6 contracts
Samples: Severance and Change in Control Agreement (Arcadia Biosciences, Inc.), Severance and Change in Control Agreement (Arcadia Biosciences, Inc.), Control Agreement (Arcadia Biosciences, Inc.)
Exclusive Remedy. In the event of a termination of Executive’s employment as set forth in Section 3(a) or (b) of this Agreement), the provisions of Section 3 are intended to be and are exclusive and in lieu of any other rights or remedies to which Executive or the Company may otherwise may be entitled, whether at law, tort or contract, in equity, or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and any unreimbursed reimbursable expenses). Executive will be entitled to no benefits, compensation or other payments or rights upon a termination of employment following a Change of Control other than those benefits expressly set forth in this Section 3 of this Agreement3.
Appears in 5 contracts
Samples: Change of Control Severance Agreement (NetApp, Inc.), Control Severance Agreement (NetApp, Inc.), Control Severance Agreement (NetApp, Inc.)
Exclusive Remedy. In the event of a termination of Executive’s Executive employment as set forth in Section 3(a) or (b) of this Agreement, the provisions of Section 3 are intended to be and are exclusive and in lieu of any other rights or remedies to which Executive or the Company otherwise may be entitled, whether at law, tort or contract, in equity, or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and any unreimbursed reimbursable expenses). Executive will be entitled to no benefits, compensation or other payments or rights upon a termination of employment other than those benefits expressly set forth in Section 3 of this Agreement.
Appears in 5 contracts
Samples: Change of Control Severance Agreement (Rambus Inc), Change of Control Severance Agreement (Analog Devices Inc), Change of Control Severance Agreement (Linear Technology Corp /Ca/)
Exclusive Remedy. In the event of a termination of Executive’s employment as set forth in Section 3(a) or (b) of this Agreementemployment, the provisions of Section 3 are intended to be and are exclusive and an in lieu of any other rights or remedies to which Executive or the Company otherwise may be entitled, whether at law, tort tort, or contract, in equity, or under this Agreement (other than the payment of accrued but unpaid wagesAccrued Compensation). For the avoidance of doubt, Executive shall in no circumstances be entitled to both benefits pursuant to Section 3(b) and the benefits pursuant to Section 3(c), except as required by law, and any unreimbursed reimbursable expensesspecifically set out in Section 3(c). Executive will be entitled to no benefits, compensation compensation, or other payments or rights upon a termination of employment other than those benefits expressly set forth in Section 3 of this Agreement.
Appears in 5 contracts
Samples: Involuntary Termination Protection Agreement (Vivint Solar, Inc.), Involuntary Termination Protection Agreement (Vivint Solar, Inc.), Involuntary Termination Protection Agreement (Vivint Solar, Inc.)
Exclusive Remedy. In the event of a termination of Executive’s employment as set forth in Section 3(a) or (b) 3 of this Agreement, the provisions of Section 3 are intended to be and are exclusive and in lieu of any other rights or remedies to which Executive or the Company may otherwise may be entitled, whether at law, tort or contract, in equity, or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and or any unreimbursed reimbursable expenses). During the term of this Agreement, Executive will be entitled to no benefits, compensation or other payments or rights upon a termination of employment employment, including under any offer letter or other agreement with the Company, other than those benefits expressly set forth in Section 3 of this Agreement.
Appears in 5 contracts
Samples: Control and Severance Agreement Neo (Cerence Inc.), Change of Control and Severance Agreement (Nuance Communications, Inc.), Control and Severance Agreement SVP (Nuance Communications, Inc.)
Exclusive Remedy. In the event of a termination of Executive’s employment as set forth in Section 3(a) or (b) 3 of this Agreement, the provisions of Section 3 are intended to be and are exclusive and in lieu of any other rights or remedies to which Executive or the Company may otherwise may be entitled, whether at law, tort or contract, in equity, or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and or any unreimbursed reimbursable expenses). During the term of this Agreement, Executive will be entitled to no benefits, compensation or other payments or rights upon a termination of employment employment, including under the Offer Letter or any other agreement with the Company, other than those benefits expressly set forth in Section 3 of this Agreement.
Appears in 5 contracts
Samples: Change of Control and Severance Agreement (Cerence Inc.), Change of Control and Severance Agreement (Cerence LLC), Change of Control and Severance Agreement (Cerence LLC)
Exclusive Remedy. In the event of a termination of Executive’s employment as set forth in Section 3(a4(a) or (b) of this Agreement, the provisions of Section 3 4 are intended to be and are exclusive and in lieu of any other rights or remedies to which Executive or the Company otherwise may be entitled, whether at law, tort or contract, in equity, or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and any unreimbursed reimbursable expenses). Executive will be entitled to no benefits, compensation or other payments or rights upon a termination of employment other than those benefits expressly set forth in Section 3 4 of this Agreement.
Appears in 4 contracts
Samples: Change in Control and Severance Agreement (On Deck Capital, Inc.), Change in Control and Severance Agreement (On Deck Capital, Inc.), Change in Control and Severance Agreement (On Deck Capital Inc)
Exclusive Remedy. In the event of a termination of Executive’s employment as set forth in Section 3(a) or (b) of this Agreement, the provisions of Section 3 3, as applicable, are intended to be and are exclusive and in lieu of any other rights or remedies to which Executive or the Company may otherwise may be entitled, whether at law, tort or contract, in equity, or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and any unreimbursed reimbursable expenses). Executive will be entitled to no benefits, compensation or other payments or rights upon a Change in Control or a termination of employment following a Change in Control other than those benefits expressly set forth in Section 3 of this AgreementAgreement or pursuant to written agreements with the Company, including equity award agreements.
Appears in 3 contracts
Samples: Change in Control Severance Agreement (Riverbed Technology, Inc.), Change in Control Severance Agreement (Riverbed Technology, Inc.), Control Severance Agreement (Riverbed Technology, Inc.)
Exclusive Remedy. In the event of a termination of Executive’s employment as set forth in Section 3(a) or (b3(b) of this Agreement, the provisions of Section 3 3(a) or 3(b), as applicable, are intended to be and are exclusive and in lieu of any other rights or remedies to which Executive or the Company may otherwise may be entitled, whether at law, tort or contract, in equity, or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and any unreimbursed reimbursable expenses). Executive will be entitled to no benefits, compensation or other payments or rights upon a termination of employment other than those benefits expressly set forth in Section 3 of this Agreement.
Appears in 3 contracts
Samples: Change of Control and Severance Agreement (Thermage Inc), Change of Control and Severance Agreement (Thermage Inc), Change of Control and Severance Agreement (Thermage Inc)
Exclusive Remedy. In the event of a termination of Executive’s employment as set forth in Section 3(a) or (b3(b) of this Agreement, the provisions of Section 3 3(a) or 3(b), as applicable, are intended to be and are exclusive and in lieu of any other rights or remedies to which Executive or the Company may otherwise may be entitled, whether at law, tort or contract, in equity, or under this Agreement (other than the payment of accrued but unpaid wages, PTO and FH, as required by law, and any unreimbursed reimbursable expenses). Executive will be entitled to no benefits, compensation or other payments or rights upon a termination of employment other than those benefits expressly set forth in Section 3 of this Agreement.
Appears in 3 contracts
Samples: Change of Control and Severance Agreement (Solta Medical Inc), Control and Severance Agreement (Solta Medical Inc), Change of Control and Severance Agreement (Solta Medical Inc)
Exclusive Remedy. In the event of a termination of Executive’s employment as set forth in Section 3(a) or and (b) of this Agreement, the provisions of Section 3 are intended to be and are exclusive and in lieu of any other rights or remedies to which Executive or the Company otherwise may be entitled, whether at law, tort or contract, in equity, or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and any unreimbursed reimbursable expenses). Executive will be entitled to no benefits, compensation or other payments or rights upon a termination of employment other than those benefits expressly set forth in Section 3 of this Agreement.
Appears in 3 contracts
Samples: Change of Control and Severance Agreement (Comscore, Inc.), Change of Control and Severance Agreement (Comscore, Inc.), Change of Control and Severance Agreement (Comscore, Inc.)
Exclusive Remedy. In the event of a termination of Executive’s employment as set forth in Section 3(a) or (b3(b) of this Agreement, the provisions of Section 3 are intended to be and are exclusive and in lieu of and supersede any other rights or remedies to which Executive or the Company otherwise may be entitled, whether at law, tort or contract, in equity, or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and any unreimbursed reimbursable expenses). Executive will be entitled to no benefits, compensation or other payments or rights upon a termination of employment other than those benefits expressly set forth in Section 3 of this Agreement.
Appears in 3 contracts
Samples: Control and Severance Agreement (A10 Networks, Inc.), Change in Control and Severance Agreement (A10 Networks, Inc.), Severance and Change in Control Agreement (Cyan Inc)
Exclusive Remedy. In the event of a termination of Executive’s employment as set forth in Section 3(a) or (b) 3 of this Agreement, the provisions of Section 3 are intended to be and are exclusive and in lieu of and supersede any other rights or remedies to which Executive or the Company otherwise may be entitled, whether at law, tort or contract, contract or in equity, or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and any unreimbursed reimbursable expenses). Executive will be entitled to no benefits, compensation or other payments or rights upon a termination of employment other than those benefits expressly set forth in Section 3 of this Agreement.
Appears in 3 contracts
Samples: Severance Agreement (Intevac Inc), Severance Agreement (Intevac Inc), Severance Agreement (Intevac Inc)
Exclusive Remedy. In the event of a termination of Executive’s employment as set forth in Section 3(a) or (b) 3 of this AgreementAgreement during the Term, the provisions of Section 3 are intended to be and are exclusive and in lieu of any other rights or remedies to which Executive or the Company may otherwise may be entitled, whether at law, tort or contract, in equity, or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and or any unreimbursed reimbursable expenses). During the Term of this Agreement, Executive will be entitled to no benefits, compensation or other payments or rights upon a termination of employment employment, including under any offer letter or other agreement with the Company, other than those benefits expressly set forth in Section 3 of this Agreement.
Appears in 3 contracts
Samples: Change of Control and Severance Agreement (Cerence Inc.), Change of Control and Severance Agreement (Cerence Inc.), Change of Control and Severance Agreement (Cerence Inc.)
Exclusive Remedy. In the event of a termination of Executive’s 's employment as set forth in Section Sections 3(a) or (band 3(b) of this Agreement, the provisions of Section 3 are intended to be and are exclusive and in lieu of and supersede any other rights or remedies to which Executive or the Company otherwise may be entitled, whether at law, tort or contract, contract or in equity, or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and any unreimbursed reimbursable expenses). Executive will be entitled to no benefits, compensation or other payments or rights upon a termination of employment other than those benefits expressly set forth in Section 3 of this Agreement.
Appears in 2 contracts
Samples: Change in Control Severance Agreement (Gigamon Inc.), Change in Control Severance Agreement (Gigamon Inc.)
Exclusive Remedy. In the event of a termination of Executive’s employment as set forth in Section 3(a) or (b3(b) of this Agreement, the provisions of Section 3 are intended to be and are exclusive and in lieu of any other rights or remedies to which Executive or the Company otherwise may be entitled, whether at law, tort or contract, in equity, or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and any unreimbursed reimbursable expenses). Executive will be entitled to no benefits, compensation or other payments or rights upon a termination of employment other than those benefits expressly set forth in Section 3 of this Agreement.
Appears in 2 contracts
Samples: Change of Control and Severance Agreement (Comscore, Inc.), Change of Control and Severance Agreement (Comscore, Inc.)
Exclusive Remedy. In the event of a termination of Executive’s employment as set forth in Section 3(a) or (b) of this Agreement, the provisions of Section 3 are intended to be and are exclusive and in lieu of any other rights or remedies to which Executive or the Company otherwise may be entitled, whether at law, tort or contract, in equity, or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and any unreimbursed reimbursable expenses). Executive will be entitled to no benefits, compensation or other payments or rights upon a termination of employment other than those benefits expressly set forth in Section 3 of this Agreement, other than benefits, compensation or other payments or rights generally available to employees of the Company upon termination of employment or pursuant to any indemnification agreement between Executive and the Company or indemnification policy of the Company.
Appears in 2 contracts
Samples: Change of Control and Severance Agreement (Altera Corp), Change of Control and Severance Agreement (Altera Corp)
Exclusive Remedy. In the event of a termination of Executive’s employment as set forth in Section 3(a) with the Company (or (b) any parent, subsidiary or successor of this Agreementthe Company), the provisions of this Section 3 are intended to be and are exclusive and in lieu of any other rights or remedies to which Executive or the Company may otherwise may be entitled, whether at law, tort or contract, in equity, or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and any unreimbursed reimbursable expensesAccrued Benefits). Except with respect to the Accrued Benefits(but without taking into account any reduction in Base Salary that gives rise to a termination for Good Reason), Executive will be entitled to no other severance, benefits, compensation or other payments or rights upon a termination of employment other than those benefits expressly set forth in Section 3 of this Agreementemployment.
Appears in 2 contracts
Samples: Severance and Change in Control Agreement (SOC Telemed, Inc.), Severance and Change in Control Agreement (SOC Telemed, Inc.)
Exclusive Remedy. In the event of a termination of Executive’s employment as set forth in Section 3(a) or (b) of this Agreement, the provisions of Section 3 are intended to be and are exclusive and in lieu of any other rights or remedies to which Executive or the Company otherwise may be entitled, whether at law, tort or contract, in equity, or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and any unreimbursed reimbursable expenses). For the avoidance of doubt, Executive shall in no circumstances be entitled to both the benefits pursuant to Section 3(a) and the benefits pursuant to Section 3(b). Executive will be entitled to no benefits, compensation or other payments or rights upon a termination of employment other than those benefits expressly set forth in Section 3 of this Agreement.
Appears in 1 contract
Samples: Change of Control and Severance Agreement (Vital Therapies Inc)
Exclusive Remedy. In the event of a termination of Executive’s employment as set forth in Section 3(a) or (b) of this Agreement, the provisions of Section 3 are intended to be and are exclusive and in lieu of and supersede any other rights or remedies to which Executive or the Company otherwise may be entitled, whether at law, tort or contract, contract or in equity, or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and any unreimbursed reimbursable expenses). Executive will be entitled to no benefits, compensation or other payments or rights upon a termination of employment other than those benefits expressly set forth in Section 3 of this Agreement..
Appears in 1 contract
Samples: Change in Control Severance Agreement (Pacific Biosciences of California, Inc.)
Exclusive Remedy. In the event of a termination of Executive’s employment as set forth in Section 3(a) or (b) 3 of this Agreement, the provisions of Section 3 are intended to be and are exclusive and in lieu of any other rights or remedies to which Executive or the Company may otherwise may be entitled, whether at law, tort or contract, in equity, or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and or any unreimbursed reimbursable expenses). During the term of this Agreement, Executive will be entitled to no benefits, compensation or other payments or rights upon a termination of employment employment, including under the Employment Agreement or other agreement with the Company, other than those benefits expressly set forth in Section 3 of this Agreement.
Appears in 1 contract
Samples: Change of Control and Severance Agreement (Nuance Communications, Inc.)
Exclusive Remedy. In the event of a termination of Executive’s employment as set forth in Section 3(a) or and (b) of this Agreement, the provisions of Section 3 are intended to be and are exclusive and in lieu of any other rights or remedies to which Executive or the Company otherwise may be entitled, whether at law, tort or contract, in equity, or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and any unreimbursed reimbursable expenses). , Executive will be entitled to no benefits, compensation or other payments or rights upon a termination of employment other than those benefits expressly set forth in Section 3 of this Agreement.
Appears in 1 contract
Samples: Retirement and Transition Services Agreement (Comscore, Inc.)
Exclusive Remedy. In the event of a termination of Executive’s employment as set forth in Section 3(a), (b) or (bc) of this Agreement, the provisions of Section 3 are intended to be and are exclusive and in lieu of any other rights or remedies to which Executive or the Company otherwise may be entitled, whether at law, tort or contract, in equity, or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and any unreimbursed reimbursable expenses). Executive will be entitled to no benefits, compensation or other payments or rights upon a termination of employment other than those benefits expressly set forth in Section 3 of this Agreement.
Appears in 1 contract
Samples: Change of Control and Severance Agreement (Veracyte, Inc.)
Exclusive Remedy. In the event of a termination of Executive’s employment as set forth in Section 3(a) or (b) of this Agreement, the provisions of Section 3 are intended to be and are exclusive and in lieu of any other rights or remedies to which Executive or the Company otherwise may be entitled, whether at law, tort or contract, in equity, or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and any unreimbursed reimbursable expenses). Executive will be entitled to no benefits, compensation or other payments or rights upon a termination of employment other than those benefits expressly set forth in Section 3 of this Agreement.
Appears in 1 contract
Samples: Severance Agreement (Audience Inc)
Exclusive Remedy. In the event of a termination of Executive’s employment as set forth in with the Company pursuant to Section 3(a) or (b) of this AgreementSection 3(b), the provisions of this Section 3 are intended to be and are exclusive and in lieu of any other rights or remedies to which Executive or the Company may otherwise may be entitled, whether at law, tort or contract, in equity, or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and any unreimbursed reimbursable expenses). Executive will be entitled to no other severance, benefits, compensation or other payments or rights upon a termination of employment employment, other than those benefits expressly set forth in Section 3 of this AgreementAgreement or pursuant to written equity award agreements with the Company.
Appears in 1 contract
Samples: Severance and Change in Control Agreement (Silver Bay Realty Trust Corp.)
Exclusive Remedy. In the event of a termination of Executive’s 's employment as set forth in Section 3(a) or (bSection 3(b) of this Agreement, the provisions of Section 3 are intended to be and are exclusive and in lieu of any other rights or remedies to which Executive or the Company otherwise may be entitled, whether at law, tort or contract, in equity, or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and any unreimbursed reimbursable expenses). Executive will be entitled to no benefits, compensation or other payments or rights upon a termination of employment other than those benefits expressly set forth in Section 3 of this Agreement.
Appears in 1 contract
Samples: Change of Control Severance Agreement (Cornerstone OnDemand Inc)
Exclusive Remedy. In the event of a termination of Executive’s employment as set forth provided in Section paragraph 3(a) or (b) of this Agreement), the provisions of this Section 3 and any Equity Award Agreement are intended to be and are exclusive and in lieu of any other rights or remedies to which Executive or the Company may otherwise may be entitled, whether at law, tort or contract, in equity, or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and any unreimbursed reimbursable expenses). Executive will be entitled to no benefits, compensation or other payments or rights upon a termination of employment as provided in paragraph 3(a) other than those benefits expressly set forth in this Section 3 of this 3, except as may be provided in any Equity Award Agreement.
Appears in 1 contract
Samples: Change of Control Severance Agreement (Outdoor Channel Holdings Inc)
Exclusive Remedy. In the event of a termination of Executive’s employment as set forth in this Section 3(a) or (b) of this Agreement3, the provisions of Section 3 are intended to be and are exclusive and in lieu of any other rights or remedies to which Executive or the Company otherwise may be entitled, whether at law, tort or contract, in equity, or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and any unreimbursed reimbursable expensesAccrued Obligations). Executive will be entitled to no benefits, compensation or other payments or rights upon a termination of employment other than the Accrued Obligations and, if payable pursuant to the terms of this Agreement, those benefits expressly set forth in Section 3 of this Agreement.
Appears in 1 contract
Samples: Change in Control Agreement (New York Mortgage Trust Inc)
Exclusive Remedy. In the event of a termination of Executive’s 's employment as set forth in Section 3(a) or (b) of this Agreement), the provisions of Section 3 are intended to be and are exclusive and in lieu of any other rights or remedies to which Executive or the Company may otherwise may be entitled, whether at law, tort or contract, in equity, or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and any unreimbursed reimbursable expenses). Executive will be entitled to no benefits, compensation or other payments or rights upon a termination of employment following a Change of Control other than those benefits expressly set forth in this Section 3 of this Agreement3.
Appears in 1 contract
Samples: Change of Control Severance Agreement (BofI Holding, Inc.)
Exclusive Remedy. In the event of a termination of Executive’s 's employment as set forth in Section Sections 3(a) or (band 3(b) of this AgreementAgreement , the provisions of Section 3 are intended to be and are exclusive and in lieu of and supersede any other rights or remedies to which Executive or the Company otherwise may be entitled, whether at law, tort or contract, contract or in equity, or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and any unreimbursed reimbursable expenses). Executive will be entitled to no benefits, compensation or other payments or rights upon a termination of employment other than those benefits expressly set forth in Section 3 of this Agreement.
Appears in 1 contract
Samples: Separation Agreement and Release of Claims (Endocyte Inc)
Exclusive Remedy. In the event of a termination of Executive’s employment as set forth in Section 3(a) or (b) of this Agreement, the provisions of Section 3 are intended to be and are exclusive and in lieu of any other rights or remedies to which Executive or the Company otherwise may be entitled, whether at law, tort or contract, in equity, equity or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and any unreimbursed reimbursable expenses). Executive will be entitled to no benefits, compensation or other payments or rights upon a termination of employment other than those benefits expressly set forth in Section 3 of this Agreement.
Appears in 1 contract
Samples: Change of Control and Severance Agreement (CareDx, Inc.)