Common use of Material breach by Employee Clause in Contracts

Material breach by Employee. In the event that Xx. Xxxxxxxxxxx breaches any material provision of this Agreement, including but not necessarily limited to paragraphs 4, 5, 6, 7, and/or 8, the Company will have no further obligation to pay or provide to him any unpaid amounts or benefits specified in this Agreement and will be entitled to immediate return of any and all amounts or benefits previously paid or provided to him under this Agreement 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. 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 Xx. Xxxxxxxxxxx of any of the provisions in paragraphs 4, 5, 6, 7, and/or 8, 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. Xxxxxxxxxxx of his obligations under paragraphs 4, 5, 6, 7, and/or 8.

Material breach by Employee. In the event that Xx. Xxxxxxxxxxx Xxxxxx breaches any material provision of this Agreement, including but not necessarily limited to paragraphs 4, 5, 6, 7, and/or 8, the Company Corporation will have no further obligation to pay or provide to him any unpaid amounts or benefits specified in this Agreement and will be entitled to immediate return of any and all amounts or benefits previously paid or provided to him under this Agreement 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. XxxxxxxxxxxXxxxxx, 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. Xxxxxxxxxxx Xxxxxx of any of the provisions in paragraphs 4, 5, 6, 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 Xx. Xxxxxxxxxxx Xxxxxx of his obligations under paragraphs 4, 5, 6, 7, and/or 8. Pursuant to paragraph 14, and except as otherwise prohibited or limited by law, Xx. Xxxxxx will also be liable for any litigation costs and expenses that the Corporation incurs in successfully seeking enforcement of its rights under this Agreement, including reasonable attorney’s fees.

Material breach by Employee. In the event that Xx. Xxxxxxxxxxx the Executive 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 will have no further obligation to pay may cease paying or provide to him 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 Agreement, except as otherwise required by law or subsequently determined to be due and will 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 immediate 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 and to recalculate any future pension benefit entitlement without the additional credited age he received or would have received under this Agreementnot otherwise required by law. Despite any breach by Xx. Xxxxxxxxxxxthe 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 Xx. Xxxxxxxxxxx the Executive of any of the provisions in paragraphs 4, 5, 6, and/or 7, and/or 8, 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. Xxxxxxxxxxx the Executive of his obligations under paragraphs 4, 5, 6, and/or 7, and/or 8without any requirement to post any bond, which is hereby expressly waived by the Executive.