Expenses and Interest. If, after the Effective Date, (i) a dispute arises with respect to the enforcement of the Executive's rights under this Agreement or (ii) any legal or arbitration proceeding shall be brought to enforce or interpret any provision contained herein or to recover damages for breach hereof, in either case so long as the Executive is not acting in bad faith, the Executive shall recover from the Company any reasonable attorneys' fees and necessary costs and disbursements incurred as a result of such dispute, legal or arbitration proceeding ("Expenses"), and prejudgment interest on any money judgment or arbitration award obtained by the Executive calculated at the rate of interest announced by Firstar Bank, N.A., Milwaukee, Wisconsin (or any successor bank thereto) from time to time as its prime or base lending rate from the date that payments to him should have been made under this Agreement. Within ten days after the Executive's written request therefor, the Company shall pay to the Executive, or such other person or entity as the Executive may designate in writing to the Company, the Executive's reasonable Expenses in advance of the final disposition or conclusion of any such dispute, legal or arbitration proceeding.
Appears in 3 contracts
Samples: Executive Employment and Severance Agreement (Banta Corp), Executive Employment and Severance Agreement (Banta Corp), Key Executive Employment and Severance Agreement (Banta Corp)
Expenses and Interest. If, after a Change in Control of the Effective DateCompany, (i) a dispute arises with respect to the enforcement of the Executive's rights under this Agreement or (ii) any legal or arbitration proceeding shall be brought to enforce or interpret any provision contained herein or to recover damages for breach hereof, in either case so long as the Executive is not acting in bad faith, the Executive shall recover from the Company any reasonable attorneys' fees and necessary costs and disbursements incurred as a result of such dispute, legal or arbitration proceeding ("Expenses"), and prejudgment interest on any money judgment or arbitration award obtained by the Executive calculated at the rate of interest announced by Firstar BankBank Milwaukee, N.A.National Association, Milwaukee, Wisconsin (Wisconsin, or any successor bank thereto) , from time to time as its prime or base lending rate from the date that payments to him should have been made under this Agreement. Within ten days after the Executive's written request therefor, the Company shall pay to the Executive, or such other person or entity as the Executive may designate in writing to the Company, the Executive's reasonable Expenses in advance of the final disposition or conclusion of any such dispute, legal or arbitration proceeding.
Appears in 2 contracts
Samples: Key Executive Employment and Severance Agreement (Wisconsin Public Service Corp), Key Executive Employment and Severance Agreement (Wisconsin Public Service Corp)
Expenses and Interest. If, after the Effective Date, (i) a dispute arises with respect to the enforcement of the Executive's rights under this Agreement or (ii) any legal or arbitration proceeding shall be brought to enforce or interpret any provision contained herein or to recover damages for breach hereof, in either case so long as the Executive is not acting in bad faith, the Executive shall recover from the Company any reasonable attorneys' fees and necessary costs and disbursements incurred as a result of such dispute, legal or arbitration proceeding ("Expenses"), and prejudgment interest on any money judgment or arbitration award obtained by the Executive calculated at the rate of interest announced by Firstar BankBank Milwaukee, N.A., Milwaukee, Wisconsin (or any successor bank thereto) from time to time as its prime or base lending rate from the date that payments to him should have been made under this Agreement. Within ten days after the Executive's written request therefor, the Company shall pay to the Executive, or such other person or entity as the Executive may designate in writing to the Company, the Executive's reasonable Expenses in advance of the final disposition or conclusion of any such dispute, legal or arbitration proceeding.
Appears in 2 contracts
Samples: Key Executive Employment and Severance Agreement (Banta Corp), Key Executive Employment and Severance Agreement (Banta Corp)
Expenses and Interest. If, after a Change in --------------------- Control of the Effective DateCompany, (i) a dispute arises with respect to the enforcement of the Executive's rights under this Agreement or (ii) any legal or arbitration proceeding shall be brought to enforce or interpret any provision contained herein or to recover damages for breach hereof, in either case so long as the Executive is not acting in bad faith, the Executive shall recover from the Company any reasonable attorneys' fees and necessary costs and disbursements incurred as a result of such dispute, legal or arbitration proceeding ("Expenses"), and prejudgment interest on any money judgment or arbitration award obtained by the Executive calculated at the rate of interest announced by Firstar BankBank Milwaukee, N.A.National Association, Milwaukee, Wisconsin (or any successor bank thereto) Wisconsin, from time to time as its prime or base lending rate from the date that payments to him should have been made under this Agreement. Within ten days after the Executive's written request therefor, the Company shall pay to the Executive, or such other person or entity as the Executive may designate in writing to the Company, the Executive's reasonable Expenses in advance of the final disposition or conclusion of any such dispute, legal or arbitration proceeding.
Appears in 1 contract
Samples: Executive Employment and Severance Agreement (WPS Resources Corp)
Expenses and Interest. If, after a Change in Control of the Effective DateCompany, (ia) a dispute arises with respect to the enforcement of the Executive's ’s rights under this Agreement or (iib) any legal or arbitration proceeding shall be brought to enforce or interpret any provision contained herein or to recover damages for breach hereof, in either case so long as the Executive is not acting in bad faith, then the Company shall reimburse the Executive shall recover from the Company for any reasonable attorneys' ’ fees and necessary costs and disbursements incurred as a result of such the dispute, legal or arbitration proceeding ("“Expenses"”), and prejudgment interest on any money judgment or arbitration award obtained by the Executive calculated at the rate of interest announced by Firstar BankU.S. Bank National Association, N.A.Minneapolis, MilwaukeeMinnesota, Wisconsin (or any successor bank thereto) from time to time as at its prime or base lending rate from the date that payments to him or her should have been made under this Agreement. Within ten days after the Executive's ’s written request therefor, the Company shall pay to the Executive, or such other person or entity as the Executive may designate in writing to the Company, the Executive's ’s reasonable Expenses in advance of the final disposition or conclusion of any such dispute, legal or arbitration proceeding.
Appears in 1 contract
Samples: Key Executive Employment and Severance Agreement (Pentair Inc)
Expenses and Interest. If, after the Effective Date, (i) a dispute arises with respect to the enforcement of the Executive's rights under this Agreement or (ii) any legal or arbitration proceeding shall be brought to enforce or interpret any provision contained herein or to recover damages for breach hereof, in either case so long as the Executive is not acting in bad faith, then the Company shall reimburse the Executive shall recover from the Company for any reasonable attorneys' fees and necessary costs and disbursements incurred as a result of such dispute, legal or arbitration proceeding or tax audit or proceeding ("Expenses"), and prejudgment interest on any money judgment or arbitration award obtained by the Executive calculated at the rate of interest announced by Firstar Bank, N.A.N. A., Milwaukee, Wisconsin (Wisconsin, or any successor bank thereto) its successors, from time to time as its prime or base lending rate from the date that payments to him the Executive should have been made under this Agreement. Within ten days after the Executive's written request therefor, the Company shall pay to the Executive, or such other person or entity as the Executive may designate in writing to the Company, the Executive's reasonable Expenses in advance of the final disposition or conclusion of any such dispute, legal or arbitration proceeding.
Appears in 1 contract
Samples: Key Executive Employment and Severance Agreement (Oshkosh Truck Corp)
Expenses and Interest. If, after a Change in Control of the Effective DateCompany, (i) a dispute arises with respect to the enforcement of the Executive's rights under this Agreement or (ii) any legal or arbitration proceeding shall be brought to enforce or interpret any provision contained herein or to recover damages for breach hereof, in either case so long as the Executive is not acting in bad faith, the Executive shall recover from the Company any reasonable attorneys' fees and necessary costs and disbursements incurred as a result of such dispute, legal or arbitration proceeding ("Expenses"), and prejudgment interest on any money judgment or arbitration award obtained by the Executive calculated at the rate of interest announced by Firstar BankBank Milwaukee, N.A.National Association, Milwaukee, Wisconsin (or any successor bank thereto) Wisconsin, from time to time as its prime or base lending rate from the date that payments to him should have been made under this Agreement. Within ten days after the Executive's written request therefortherefore, the Company shall pay to the Executive, or such other person or entity as the Executive may designate in writing to the Company, the Executive's reasonable Expenses in advance of the final disposition or conclusion of any such dispute, legal or arbitration proceeding.
Appears in 1 contract
Samples: Executive Employment and Severance Agreement (Wisconsin Public Service Corp)