Common use of Material breach by Employee Clause in Contracts

Material breach by Employee. In the event that Xx. Xxxx breaches any material provision of this Agreement, including but not necessarily limited to paragraphs 4, 5, 6, 7, 8 and/or 9 and fails to cure said breach upon reasonable notice, the Company will be entitled to recover any actual damages and to recalculate any future pension benefit entitlement without the additional credited age he received or would have received under this Agreement. Despite any breach by Xx. Xxxx, his other duties and obligations under this Agreement, including his waivers and releases, will remain in full force and effect. In the event of a breach or threatened breach by Xx. Xxxx of any of the provisions in paragraphs 4, 5, 6, 7, 8, and/or 9, the Company will, in addition to any other remedies provided in this Agreement, be entitled to equitable and/or injunctive relief and because the damages for such a breach or threatened breach will be difficult to determine and will not provide a full and adequate remedy, the Company will also be entitled to specific performance by Xx. Xxxx of his obligations under paragraphs 4, 5, 6, 7, 8, and/or 9.

Appears in 2 contracts

Samples: Separation Agreement (PACIFIC GAS & ELECTRIC Co), Separation Agreement (PACIFIC GAS & ELECTRIC Co)

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Material breach by Employee. In the event that Xx. Xxxx Xxxxxx breaches any material provision of this Agreement, including but not necessarily limited to paragraphs 4, 5, 6, 7, 8 and/or 9 and fails to cure said breach upon reasonable notice, the Company Corporation will be entitled to recover any actual damages and to recalculate any future pension benefit entitlement without the additional credited age he received or would have received under this Agreement. Despite any breach by Xx. XxxxXxxxxx, his other duties and obligations under this Agreement, including his waivers and releases, will remain in full force and effect. In the event of a breach or threatened breach by Xx. Xxxx Xxxxxx of any of the provisions in paragraphs 4, 5, 6, 7, 8, and/or 9, the Company Corporation will, in addition to any other remedies provided in this Agreement, be entitled to equitable and/or injunctive relief and because the damages for such a breach or threatened breach will be difficult to determine and will not provide a full and adequate remedy, the Company Corporation will also be entitled to specific performance by Xx. Xxxx Xxxxxx of his obligations under paragraphs 4, 5, 6, 7, 8, and/or 9.

Appears in 1 contract

Samples: Separation Agreement (PACIFIC GAS & ELECTRIC Co)

Material breach by Employee. In the event that Xx. Xxxx Xxxxxxxx breaches any material provision of this Agreement, including but not necessarily limited to paragraphs 4, 5, 6, 7, 8 and/or 9 and fails to cure said breach upon reasonable notice, the Company will be entitled to recover any actual damages and to recalculate any future pension benefit entitlement without the additional credited age he received or would have received under this Agreement. Despite any breach by Xx. XxxxXxxxxxxx, his other duties and obligations under this Agreement, including his waivers and releases, will remain in full force and effect. In the event of a breach or threatened breach by Xx. Xxxx Xxxxxxxx of any of the provisions in paragraphs 4, 5, 6, 7, 8, and/or 9, the Company will, in addition to any other remedies provided in this Agreement, be entitled to equitable and/or injunctive relief and because the damages for such a breach or threatened breach will be difficult to determine and will not provide a full and adequate remedy, the Company will also be entitled to specific performance by Xx. Xxxx Xxxxxxxx of his obligations under paragraphs 4, 5, 6, 7, 8, and/or 9.

Appears in 1 contract

Samples: Separation Agreement (PACIFIC GAS & ELECTRIC Co)

Material breach by Employee. In the event that Xx. Xxxx Xxxxxx breaches any material provision of this Agreement, including but not necessarily limited to paragraphs 4, 5, 6, 7, 8 8, and/or 9 9, and fails to cure said such breach upon reasonable notice, the Company PG&E will be entitled to recover any actual damages and to recalculate any future pension benefit entitlement without the additional credited age he received or would have received under this Agreement. Despite any breach by Xx. XxxxXxxxxx, his other duties and obligations under this the Agreement, including his waivers and releases, will remain in full force and effect. In the event of a breach or threatened breach by Xx. Xxxx Xxxxxx of any of the provisions in paragraphs 4, 5, 6, 7, 8, and/or 9, the Company PG&E will, in addition to any other remedies provided in this Agreement, be entitled to equitable and/or injunctive relief and because the damages for such a breach or threatened breach will be difficult to determine and will not provide a full and adequate remedy, the Company PG&E will also be entitled to specific performance by Xx. Xxxx Xxxxxx of his obligations under paragraphs 4, 5, 6, 7, 8, and/or 9.

Appears in 1 contract

Samples: Separation Agreement (PACIFIC GAS & ELECTRIC Co)

Material breach by Employee. In the event that Xx. Xxxx Xxxxx breaches any material provision of this Agreement, including but not necessarily limited to paragraphs 4, 5, 6, 7, 7 and/or 8 and/or 9 and fails to cure said breach upon reasonable noticewithin 45 days of notice of such breach, the Company will be entitled to recover any actual damages and to recalculate any future pension benefit entitlement without the additional credited age he received or would have received under this Agreementand/or seek injunctive relief. Despite any breach by Xx. XxxxXxxxx, his other duties and obligations under this Agreement, including his waivers and releases, will remain in full force and effect. In For avoidance of doubt, in the event of a breach or threatened breach by Xx. Xxxx Xxxxx of any of the provisions in paragraphs 4, 5, 6, 7, 7 and/or 8, and/or 9, the Company will, in addition to any other remedies provided in this Agreement, be entitled to equitable and/or injunctive relief and because the damages for such a breach or threatened breach will may be difficult to determine and will may not provide a full and adequate remedy, the Company will also be entitled to specific performance by Xx. Xxxx Xxxxx of his obligations under paragraphs 4, 5, 6, 7, 7 and/or 8, and/or 9.

Appears in 1 contract

Samples: Separation Agreement (PACIFIC GAS & ELECTRIC Co)

Material breach by Employee. In the event that Xx. Xxxx Xxxxxxxx breaches any material provision of this Agreement, including but not necessarily limited to paragraphs 4, 5, 6, 7, 8 and/or 9 and fails to cure said breach upon reasonable notice, the Company Corporation will be entitled to recover any actual damages and to recalculate any future pension benefit entitlement without the additional credited age he she received or would have received under this Agreement. Despite any breach by Xx. XxxxXxxxxxxx, his her other duties and obligations under this Agreement, including his her waivers and releases, will remain in full force and effect. In the event of a breach or threatened breach by Xx. Xxxx Xxxxxxxx of any of the provisions in paragraphs 4, 5, 6, 7, 8, and/or 9, the Company Corporation will, in addition to any other remedies provided in this Agreement, be entitled to equitable and/or injunctive relief and because the damages for such a breach or threatened breach will be difficult to determine and will not provide a full and adequate remedy, the Company Corporation will also be entitled to specific performance by Xx. Xxxx Xxxxxxxx of his her obligations under paragraphs 4, 5, 6, 7, 8, and/or 9.

Appears in 1 contract

Samples: Separation Agreement (PACIFIC GAS & ELECTRIC Co)

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Material breach by Employee. In the event that Xx. Xxxx breaches any material provision of this Agreement, including but not necessarily limited to paragraphs 4, 5, 6, 7, 8 and/or 9 and fails to cure said breach upon reasonable notice, the Company will be entitled to recover any actual damages and to recalculate any future pension benefit entitlement without the additional credited age he she received or would have received under this Agreement. Despite any breach by Xx. Xxxx, his her other duties and obligations under this Agreement, including his her waivers and releases, will remain in full force and effect. In the event of a breach or threatened breach by Xx. Xxxx of any of the provisions in paragraphs 4, 5, 6, 7, 8, and/or 9, the Company will, in addition to any other remedies provided in this Agreement, be entitled to equitable and/or injunctive relief and because the damages for such a breach or threatened breach will be difficult to determine and will not provide a full and adequate remedy, the Company will also be entitled to specific performance by Xx. Xxxx of his her obligations under paragraphs 4, 5, 6, 7, 8, and/or 9.

Appears in 1 contract

Samples: Separation Agreement (PG&E Corp)

Material breach by Employee. In the event that Xx. Xxxx Xxxxx breaches any material provision of this Agreement, including but not necessarily limited to paragraphs 4, 5, 6, 7, 8 and/or 9 and fails to cure said breach upon reasonable notice, the Company will be entitled to recover any actual damages and to recalculate any future pension benefit entitlement without the additional credited age he received or would have received under this Agreement. Despite any breach by Xx. XxxxXxxxx, his other duties and obligations under this Agreement, including his waivers and releases, will remain in full force and effect. In the event of a breach or threatened breach by Xx. Xxxx Xxxxx of any of the provisions in paragraphs 4, 5, 6, 7, 8, and/or 9, the Company will, in addition to any other remedies provided in this Agreement, be entitled to equitable and/or injunctive relief and because the damages for such a breach or threatened breach will be difficult to determine and will not provide a full and adequate remedy, the Company will also be entitled to specific performance by Xx. Xxxx Xxxxx of his obligations under paragraphs 4, 5, 6, 7, 8, and/or 9.

Appears in 1 contract

Samples: Separation Agreement (PACIFIC GAS & ELECTRIC Co)

Material breach by Employee. In the event that Xx. Xxxx Xxxxxx breaches any material provision of this Agreement, including but not necessarily limited to paragraphs 4, 5, 6, 7, 8 and/or 9 and fails to cure said breach upon reasonable notice, the Company will be entitled to recover any actual damages and to recalculate any future pension benefit entitlement without the additional credited age he she received or would have received under this Agreement. Despite any breach by Xx. XxxxXxxxxx, his her other duties and obligations under this Agreement, including his her waivers and releases, will remain in full force and effect. In the event of a breach or threatened breach by Xx. Xxxx Xxxxxx of any of the provisions in paragraphs 4, 5, 6, 7, 8, and/or 9, the Company will, in addition to any other remedies provided in this Agreement, be entitled to equitable and/or injunctive relief and because the damages for such a breach or threatened breach will be difficult to determine and will not provide a full and adequate remedy, the Company will also be entitled to specific performance by Xx. Xxxx Xxxxxx of his her obligations under paragraphs 4, 5, 6, 7, 8, and/or 9.

Appears in 1 contract

Samples: Separation Agreement (PACIFIC GAS & ELECTRIC Co)

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