Forfeiture of Severance Payments. In the event the Executive breaches any provision of Section 6.1, in addition to any other remedies that the Company may have at law or in equity, the Executive shall promptly reimburse the Company for any Severance Payments received from, or payable by, the Company. In addition, the Company shall be entitled in its sole discretion to offset all or any portion of the amount of any unpaid reimbursements against any amount owed by the Company to the Executive.
Forfeiture of Severance Payments. If Executive breaches Sections 5, 6, or 7 of this Agreement during the term that severance payments are made pursuant to Sections 4(c), 4(e), or 4(f) of this Agreement, Executive shall pay back to Employer all severance payments received to date. Nothing contained in this Section 9 shall be construed as prohibiting Employer from pursuing any other remedies available to it in the event of the breach of Sections 5, 6, or 7, including the equitable remedies set forth in Section 11.
Forfeiture of Severance Payments. In the event Executive breaches any provision of Section 13, in addition to any other remedies that the Company may have at law or in equity, all severance payments and benefits pursuant to this Agreement shall immediately cease and Executive shall promptly reimburse the Company for any severance payments or benefits received from, or payable by, the Company. In addition, the Company shall be entitled, and Executive authorizes the Company to do so by signing this Agreement, to offset within the Company’s sole discretion all or any portion of the amount of any unpaid reimbursements against any amount owed by the Company to Executive.
Forfeiture of Severance Payments. Executive agrees that receipt of severance pay under Section 6 is conditioned upon Executive’s observance of the covenants contained in Section 7. Executive further agrees that in the event of his failure to observe the provisions of Section 7, (i) Executive shall forfeit the right to receive any portion of any bonus, and (ii) the Company shall be entitled to discontinue further severance payments under Section 7, provided that Executive fails to cure the breach in all material respects within thirty (30) days after written notice thereof from the Board or its designee.
Forfeiture of Severance Payments. If Executive breaches Sections 5, 6, or 7 of this Agreement during the term that severance payments are made pursuant to Section 4(c), 4(e), or 4(f) of this Agreement, Executive shall pay back to Employer all severance payments received through the date of such breach; provided, however, that Executive shall be permitted to retain $10,000 (or, if the severance payments received up to the date of the breach are less than $10,000, then the total severance payments received up to the date of the breach), which shall be deemed consideration for Executive's release and waiver of any claims, causes of action, and demands of any kind arising under the Age Discrimination in Employment Act, and the Older Workers Benefit Protection Act, referenced in the Severance Agreement and Release substantially in the form attached hereto as Exhibit B. Nothing contained in this Section 9 shall be construed as prohibiting Employer from pursuing any other remedies available to it in the event of the breach of Sections 5, 6, or 7, including the equitable remedies set forth in Section 12.
Forfeiture of Severance Payments. In addition to the remedies available to Company pursuant to the provisions of Paragraph 10(a) above, upon the occurrence of any breach by Executive of the provisions of Paragraphs 8 and 9 of this Agreement, Executive shall immediately forfeit all Severance Payments due and payable pursuant to the provisions of Paragraph 7(c) of this Agreement, and return any Severance Payments made prior to such breach. Executive acknowledges and agrees that Company’s obligation to make the Severance Payments is expressly conditioned upon Executive’s compliance with the provisions of Paragraphs 8 and 9 of this Agreement.
Forfeiture of Severance Payments. Executive agrees that receipt of severance pay under Section 7 is conditioned upon Executive’s observance of the covenants contained in Section 8. Executive further agrees that in the event of his failure to observe the provisions of Section 8, (i) Executive shall forfeit the right to receive any portion of any bonus, and (ii) the Company shall be entitled to discontinue further severance payments under Section 8.
Forfeiture of Severance Payments. In the event the Executive breaches any provision of Sections 6.1, 6.2, 6.3, 6.4 or 7.2, in addition to any other remedies that the Company may have at law or in equity, (i) the Executive shall promptly reimburse the Company for any Severance Payments received from, or payable by, the Company and (ii) the Company’s obligation to continue to provide any payments or benefits to the Executive after the date of such breach shall cease and the Executive shall no longer be entitled to receive such payments or benefits. In addition, the Company shall be entitled in its sole discretion to offset all or any portion of the amount of any unpaid reimbursements against any amount owed by the Company to the Executive.
Forfeiture of Severance Payments. In the event the Executive materially breaches any provision of Sections 6.1, 6.2, 6.3, 6.4, or 7.2, and fails to cure such breach within ten business days after receipt of a notice from the Company specifying the provision that he allegedly breached and the act or acts he committed that created the alleged breach, in addition to any other remedies that the Company may have at law or in equity, (i) the Executive shall promptly reimburse the Company for any severance payments or benefits payable under Sections 5.2 or 5.3 (“Severance Payments”) received from, or payable by, the Company and (ii) the Company’s obligation to continue to provide any payments or benefits to the Executive after the date of such breach shall cease and the Executive shall no longer be entitled to receive such payments or benefits; provided, however that the Executive shall not be given an opportunity to cure such breach if, in the good faith judgment of the Board, the breach is not capable of being cured; and provided, further, that a breach of Section 6.2 as it pertains to a Target Client and a breach of Section 6.3 as it relates to a Listed Employee shall not be capable of cure under this Agreement. In addition, to the extent permitted by law, the Company shall be entitled in its sole discretion to offset all or any portion of the amount of any unpaid reimbursements against any amount owed by the Company to the Executive.
Forfeiture of Severance Payments. In the event that a final determination has been made pursuant to Section 10 that Executive has materially breached any provision of this Section 9, then in addition to any other remedies that the Company may have at law or in equity, all severance payments and benefits pursuant to Section 4(a),(b),(c) or (d) of this Agreement shall immediately cease and Executive shall promptly reimburse the Company for any severance payments or benefits received from, or payable by, the Company pursuant to Section 4(a), (b), (c) or (d).
