Common use of Material breach by Employee Clause in Contracts

Material breach by Employee. In the event that the Executive breaches any material provision of this Agreement, including but not necessarily limited to paragraphs 4, 5, 6, and/or 7, the Company may cease paying or providing any unpaid amounts or benefits (including, without limitation, continued salary payments and vesting of restricted stock grants and performance share grants) specified in this Agreement, except as otherwise required by law or subsequently determined to be due and owing pursuant to arbitration and a determination of an appropriate offset, if any, based on established liability and damages. Subject to the Company�s establishment of breach and proof of damages, the Company shall also be entitled to the return of any and all amounts or benefits (including, without limitation, continued salary payments and vesting of restricted stock grants and performance share grants) previously paid or provided to him under this Agreement not otherwise required by law. Despite any breach by the Executive, 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 the Executive of any of the provisions in paragraphs 4, 5, 6, and/or 7, 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 the Executive of his obligations under paragraphs 4, 5, 6, and/or 7, without any requirement to post any bond, which is hereby expressly waived by the Executive.

Material breach by Employee. In the event that the Executive Xx. Xxxxxxxxxxx breaches any material provision of this Agreement, including but not necessarily limited to paragraphs 4, 5, 6, 7, and/or 78, the Company may cease paying will have no further obligation to pay or providing provide to him any unpaid amounts or benefits (including, without limitation, continued salary payments and vesting of restricted stock grants and performance share grants) specified in this Agreement, except as otherwise required by law or subsequently determined to be due Agreement and owing pursuant to arbitration and a determination of an appropriate offset, if any, based on established liability and damages. Subject to the Company�s establishment of breach and proof of damages, the Company shall also will be entitled to the immediate return of any and all amounts or benefits (including, without limitation, continued salary payments and vesting of restricted stock grants and performance share grants) previously paid or provided to him under this Agreement not otherwise required by lawand 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 the ExecutiveXx. Xxxxxxxxxxx, 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 the Executive Xx. Xxxxxxxxxxx of any of the provisions in paragraphs 4, 5, 6, 7, and/or 78, 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 the Executive Xx. Xxxxxxxxxxx of his obligations under paragraphs 4, 5, 6, and/or 7, without any requirement to post any bond, which is hereby expressly waived by the Executiveand/or 8.

Material breach by Employee. In the event that the Executive Xx. Xxxxxx breaches any material provision of this Agreement, including but not necessarily limited to paragraphs 4, 5, 6, and/or 7, and/or 8, the Company may cease paying Corporation will have no further obligation to pay or providing provide to him any unpaid amounts or benefits (including, without limitation, continued salary payments and vesting of restricted stock grants and performance share grants) specified in this Agreement, except as otherwise required by law or subsequently determined to be due Agreement and owing pursuant to arbitration and a determination of an appropriate offset, if any, based on established liability and damages. Subject to the Company�s establishment of breach and proof of damages, the Company shall also will be entitled to the immediate return of any and all amounts or benefits (including, without limitation, continued salary payments and vesting of restricted stock grants and performance share grants) previously paid or provided to him under this Agreement not otherwise required by lawand 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 the ExecutiveXx. Xxxxxx, 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 the Executive Xx. Xxxxxx of any of the provisions in paragraphs 4, 5, 6, and/or 7, and/or 8, 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 the Executive Xx. Xxxxxx of his obligations under paragraphs 4, 5, 6, and/or 7, without and/or 8. Pursuant to paragraph 14, and except as otherwise prohibited or limited by law, Xx. Xxxxxx will also be liable for any requirement to post any bondlitigation costs and expenses that the Corporation incurs in successfully seeking enforcement of its rights under this Agreement, which is hereby expressly waived by the Executiveincluding reasonable attorney’s fees.