Common use of Forfeiture Upon Breach Clause in Contracts

Forfeiture Upon Breach. If the Executive is eligible to receive severance payments under this Section 6(e)(ii), then in the event the Executive violates any of the provisions of Section 4 or Section 5 above, all remaining payments shall be forfeited and the Company shall be entitled to reimbursement from the Executive for any and all severance payments previously made to Executive during the period of such violation. If Executive or anyone acting on his behalf brings a claim against the Company seeking to declare any term of this Agreement void or unenforceable, including Section 4 and Section 5 of this Agreement, and if one or more material terms of this Agreement are ruled by a court or arbitrator to be void or unenforceable or subject to reduction or modification, then the Company shall be entitled to (i) refuse to make any severance payments, or any additional severance payments, described in Section 6(e) of this Agreement; (ii) recover from Executive all Severance payments, as described in Section 6(e), already paid to Executive; and (iii) recover its attorneys’ fees incurred in defending such action and seeking recovery of such amounts.

Forfeiture Upon Breach. If the Executive is eligible to receive severance payments under this Section 6(e)(ii), then in the event the Executive violates any of the provisions of Section 4 or Section 5 above, all remaining payments shall be forfeited and the Company shall be entitled to reimbursement from the Executive for any and all severance payments previously made to Executive during the period of such violation. If Executive or anyone acting on his behalf brings a claim against the Company seeking to declare any term of this Agreement void or unenforceable, including Section 4 and Section 5 of this Agreement, and if one or more material terms of this Agreement are ruled by a court or arbitrator to be void or unenforceable or subject to reduction or modification, then the Company shall be entitled to (i) refuse to make any severance payments, or any additional severance payments, described in Section 6(e) of this Agreement; (ii) recover from Executive all Severance payments, as described in Section 6(e), already paid to Executive; and (iii) recover its attorneys’ ' fees incurred in defending such action and seeking recovery of such amounts.

Forfeiture Upon Breach. If the Executive is eligible to receive severance payments under this Section 6(e)(ii8(e)(ii), then in the event the Executive violates any of the provisions of Section 4 6 or Section 5 7 above, all remaining payments shall be forfeited and the Company shall be entitled to reimbursement from the Executive for any and all severance payments previously made to Executive during the period of such violation. If Executive or anyone acting on his behalf brings a claim against the Company seeking to declare any term of this Agreement void or unenforceable, including Section 4 6 and Section 5 7 of this Agreement, and if one or more material terms of this Agreement are ruled by a court or arbitrator to be void or unenforceable or subject to reduction or modification, then the Company Triad shall be entitled to (i) refuse to make any severance payments, or any additional severance payments, described in Section 6(e8(e) of this Agreement; (ii) recover from Executive all Severance payments, as described in Section 6(e8(e), already paid to Executive; and (iii) recover its attorneys’ ' fees incurred in defending such action and seeking recovery of such amounts.