Common use of Failure of Executive to Comply Clause in Contracts

Failure of Executive to Comply. If for any reason other than death or disability, Executive shall, without written consent of the Company, fail to comply with the provisions of Section 9(a) above, his rights to any future payments or other benefits hereunder shall terminate, and the Company's obligations to make such payments and provide such benefits shall cease; provided, however, that no failure to comply with any provision of Section 9(a) above shall be deemed to have occurred unless and until Executive receives written notice from the Company, specifying the conduct alleged to constitute such failure, and Executive has thereafter continued to engage in such conduct after a reasonable opportunity and a reasonable period to refrain from such conduct. In no event shall Executive be under any obligation to repay the Company any amounts theretofore paid him hereunder.

Failure of Executive to Comply. If for any reason other than death or disability, Executive shall, without written consent of the Company, fail to comply with the provisions of Section 9(a) above, his her rights to any future payments or other benefits hereunder shall terminate, and the Company's obligations to make such payments and provide such benefits shall cease; provided, however, that no failure to comply with any provision of Section 9(a) above shall be deemed to have occurred unless and until Executive receives written notice from the Company, specifying the conduct alleged to constitute such failure, and Executive has thereafter continued to engage in such conduct after a reasonable opportunity and a reasonable period to refrain from such conduct. In no event shall Executive be under any obligation to repay the Company any amounts theretofore paid him her hereunder.