Execution of Separation Agreement. Company shall not be obligated to pay Executive severance payments or benefits described in this Section 4 unless Executive has executed (without revocation) a timely separation agreement in a form acceptable to Company, which shall include a release of claims and standard terms regarding non-disparagement, confidentiality, cooperation and the like, which shall be provided to Executive within ten (10) days following separation from service, and signed by Executive and returned to Company no later than sixty (60) days following Executive’s separation from service (the “Review Period”).
Execution of Separation Agreement. As a condition to receiving the Severance Pay or the Change in Control Payment set forth in Section 3.1, 3.3 or 3.4, respectively, Executive must execute and return to the Company, and not revoke any part of, a separation agreement containing a general release and waiver of claims against the Company and its respective officers, directors, stockholders, employees and affiliates with respect to Executive’s employment, and other customary terms, in a form and substance reasonably acceptable to the Company and the Executive. The Company shall deliver to Executive such release within ten (10) days following Executive’s termination of employment and the Executive shall deliver an original, signed release to the Company within twenty-one (21) business days (or such longer period as may be required by applicable law to constitute an effective release of all claims, but no longer than 45 days after the after receipt of the same from the Company) (the “Release Effective Date”). Notwithstanding anything in this Agreement to the contrary, no payments pursuant to Section 3.1, 3.3 or 3.4 shall be made prior to the date that both (i) Executive has delivered an original, signed release to the Company and (ii) the revocability period (if any) has elapsed, and provided that any payments that would otherwise be made during the first sixty (60) days following Executive’s termination of employment will be made on the 65th day. If the Executive does not deliver an original, signed release to the Company by the Release Effective Date, Executive’s rights shall be limited to those made available to the Executive under Section 3.2 above, and (ii) the Company shall have no obligation to pay or provide to the Executive any amount or benefits described in Section 3.1, 3.3 or 3.4, or any other monies on account of the termination of Executive’s employment. Any obligation of the Company to provide the Severance Pay shall cease: (i) upon Executive’s death, if Company provided life insurance proceeds are paid to Executive’s estate; (ii) if Executive materially breaches any of his obligations under Articles IV or V; or (iii) if, after Executive’s Termination Date, the Company discovers facts or information that establish that Executive committed an act that would have constituted Cause, as defined under Section 3.2(a), (b) or (c).
Execution of Separation Agreement. Should employee wish to accept this Agreement, it must be signed and returned to ________________________________ by ______________.
Execution of Separation Agreement. As a condition to receiving Severance Pay or Change in Control Payments, Executive must execute and return to the Company, and not revoke any part of, a general release and waiver of claims against the Company and its officers, directors, stockholders, employees and affiliates with respect to Executive’s employment (including, without limitation, a release of claims under the Age Discrimination in Employment Act (the “ADEA Release”)), and other customary terms, in a form and substance reasonably acceptable to the Company (the “Release”). Executive must deliver the executed Release within the minimum time period required by law or, if none, within twenty-one (21) days after Executive receives the Release from the Company, which shall not be more than fifteen (15) days after Executive’s termination of Employment. The Release will become effective on the date the revocation period of the ADEA Release expires without Executive revoking the ADEA Release (the “Release Effective Date”). Any obligation of the Company to provide the Severance Pay shall cease: (i) if Executive materially breached or breaches his contractual obligations to the Company, including those set forth in Article IV or Article V herein, or in the Release or (ii) if, after Executive’s termination, the Company discovers facts and circumstances that would have justified a termination for Cause during the Employment Period.
Execution of Separation Agreement. As a condition to receiving the Severance Pay or the Change in Control Payment set forth in Section 3.3 or Section 3.4, respectively, Executive must execute and return to the Company, within sixty (60) days of Executive’s last day of employment with the Company, and not revoke any part of, a separation agreement containing a general release and waiver of claims against the Company and its respective officers, directors, stockholders, employees, and affiliates with respect to Executive’s employment, and other customary terms, in a form and substance reasonably acceptable to the Company. Such release will become effective on the date the revocation period specified in the separation agreement expires without Executive revoking the separation agreement (the “Release Effective Date”). Any obligation of the Company to provide the Severance Pay shall cease: (a) upon Executive’s material breach of his contractual obligations to the Company, including those set forth in Article IV or Article V herein, or in the separation agreement; or (b) if, after Executive’s termination, the Company discovers facts and circumstances that would have justified a termination for Cause.
Execution of Separation Agreement. Company shall not be obligated to pay Executive severance payments or benefits described in this Section 4 unless Executive has executed (without revocation) a timely separation agreement in a form provided by Company, which shall include a release of claims and standard terms regarding non-disparagement, confidentiality, a reaffirmation and incorporation of the Executive’s noncompetition and other restrictive covenant obligations contained in the Confidentiality Agreement, cooperation and the like, signed by Executive and returned to Company within the time period required by the separation agreement and in no event later than sixty (60) days following Executive’s separation from service (the “Review Period”). Executive acknowledges that Executive is bound by the terms of that certain Employee Confidentiality and Assignment Agreement between the Company and Executive, dated as of the date hereof and effective as of the date specified therein (the “Confidentiality and Assignment Agreement”), which is incorporated herein by reference, including the restrictions on non-competition contained therein. For the purposes of clarity, the separation agreement will not contain any additional restrictive covenant obligations with regards to non-competition but will reaffirm and incorporate the noncompetition and other covenants contained in the Confidentiality and Assignment Agreement.
Execution of Separation Agreement. As a condition to receiving the Severance Pay or the Change in Control Payment set forth in Section 3.3 or Section 3.4, respectively, Executive must execute and return to the Company, and not revoke any part of, a separation agreement containing a general release and waiver of claims against the Company and its respective officers, directors, stockholders, employees and affiliates with respect to Executive’s employment, and other customary terms, in a form and substance reasonably acceptable to the Company. Executive must deliver the executed separation agreement within the minimum time period required by law or, if none, within 14 days after the Executive receives the separation agreement from the Company. Such release will become effective on the date the revocation period of the ADEA claims release expires without the Executive revoking such claims (the “Release Effective Date”). Any obligation of the Company to provide the Severance Pay shall cease: (i) upon Executive’s death; (ii) if Executive materially breached or breaches his contractual obligations to the Company, including those set forth in Article IV or Article V herein, or in the release agreement; or (iii) if, after Executive’s termination, the Company discovers facts and circumstances that would have justified a termination for Cause.
Execution of Separation Agreement. As a condition to receiving the severance benefits described in Section 3.3 or 3.6, as applicable, Executive must execute and return to the Company, and not revoke any part of, a general release and waiver of claims against the Company and its officers, directors, stockholders, employees and affiliates with respect to Executive’s employment, and other customary terms, on a form provided by the Company on or around Executive’s date of employment termination (the “Release”). Executive must deliver the executed Release within 60 days following Executive’s termination (or such shorter period as the Company specifies in providing the Release (which will be provided not more than 15 days after Executive’s termination of Employment)). The Release will become effective on the date the revocation period of the Release expires without Executive revoking the Release (the “Release Effective Date”). Payment of the Severance Pay will begin (or be made, as applicable) in the first payroll whose cutoff date follows the Release Effective Date, provided that if the 60th day following Executive’s termination of employment is in the calendar year subsequent to termination, the payment will not be made earlier than the first business day of such subsequent year unless earlier payment can be made without violation of Section 409A. Any obligation of the Company to provide the Severance Pay shall cease: (i) if Executive materially breached or breaches his contractual obligations to the Company, including those set forth in Article IV or Article V herein, or in the Release or (ii) if, within 90 days after Executive’s termination, the Company discovers facts and circumstances that would have justified a termination for Cause during the Employment Period.
Execution of Separation Agreement. Company shall not be obligated to pay Executive any of the Severance Benefit set forth in Section 4(b)-(d), as applicable, unless and until Executive has executed (without revocation) a timely separation agreement in a form that is acceptable to the Company which must be signed by Executive and returned to Company no later than sixty (60) days following Executive’s separation from service (the “Review Period”). Such separation agreement shall include, at a minimum, a complete general release of all claims against Company and its affiliated entities and each of their officers, directors, employees and others associated with Company and its affiliated entities, the form of which need only be acceptable to the Company. If Executive fails or refuses to return such agreement within the Review Period, Executive’s Severance Benefit shall be forfeited.
Execution of Separation Agreement. As a condition to receiving the Severance Pay or the Change in Control Payment set forth in Section 3.3 or Section 3.4, respectively, Executive must execute and return to the Company, and not revoke any part of, a separation agreement containing a general release and waiver of claims against the Company and its respective officers, directors, stockholders, employees and affiliates with respect to Executive’s employment, and other customary terms, in a form and substance reasonably acceptable to the Company. Executive must deliver the executed separation agreement within twenty-one (21) days after Executive receives the separation agreement from the Company (unless the agreement provides a forty-five (45) day signing window, in which case, the Agreement must be delivered within forty-five (45) days from receipt thereof), but in no event later than sixty (60) days following the Termination Date. Such release will become effective on the date the revocation period of the ADEA claims release expires without Executive revoking such claims (the “Release Effective Date”). Any obligation of the Company to provide the Severance Pay or Change in Control Payment shall cease: (a) upon Executive’s death; (b) if Executive materially breached or breaches Executive’s contractual obligations to the Company, including those set forth in Article IV or Article V herein, or in the release agreement; or (c) if, after Executive’s termination, the Company discovers facts and circumstances that would have justified a termination for Cause, in accordance with the Company’s forfeiture and recoupment policies as set forth in Section 3.11, below.
