Common use of Failure of Executive to Comply Clause in Contracts

Failure of Executive to Comply. If Executive shall, without written consent of the Company, fail to comply with the provisions of this Section 10, his rights to any future payments or other benefits hereunder shall terminate (without prejudice to any other rights, including recovery of damages of the Company), and the Company's obligations to make such payments and provide such benefits shall cease; provided, however, that, for purposes of Section 10.3, no such failure to comply with any provision of this Section 10 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, solely with respect to any failure to comply with any provision of this Section 10, if such failure is an unintentional violation of this Section 10, Executive has not cured such failure within thirty (30) days after such notice.

Failure of Executive to Comply. If Executive shall, without written consent of the Company, fail to comply with the provisions of this Section 109, his rights to any future payments or other benefits hereunder hereunder, other than the Accrued Benefits, shall terminate (without prejudice to any other rights, including recovery of damages of the Company), and the Company's ’s obligations to make such payments and provide such benefits shall cease; provided, however, that, for purposes of Section 10.39.3, no such failure to comply with any provision of this Section 10 9 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, solely with respect to any failure to comply with any provision of this Section 109, if such failure is an unintentional violation of this Section 109, Executive has not cured such failure within thirty (30) days after such notice.