Common use of Material breach by Employee Clause in Contracts

Material breach by Employee. In the event that Xx. Xxxxxx breaches any material provision of this Agreement, including but not necessarily limited to paragraphs 4, 5, 6, 7, 8 and/or 9, the Company will have no further obligation to pay or provide to her 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 her under this Agreement and to recalculate any future pension benefit entitlement without the additional credited age she received or would have received under this Agreement. Despite any breach by Xx. Xxxxxx, her other duties and obligations under this Agreement, including her waivers and releases, will remain in full force and effect. In the event of a breach or threatened breach by Xx. 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. Xxxxxx of her obligations under paragraphs 4, 5, 6, 7, 8, and/or 9. Pursuant to paragraph 15, and except as otherwise prohibited or limited by law, Xx. Xxxxxx will also be liable for any litigation costs and expenses that the Company 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. Xxxxxx XxXxxxxx breaches any material provision of this Agreement, including but not necessarily limited to paragraphs 4, 5, 6, 7, 8 and/or 9, the Company will have no further obligation to pay or provide to her 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 her under this Agreement and to recalculate any future pension benefit entitlement without the additional credited age she received or would have received under this Agreement. Despite any breach by Xx. XxxxxxXxXxxxxx, her other duties and obligations under this Agreement, including her waivers and releases, will remain in full force and effect. In the event of a breach or threatened breach by Xx. Xxxxxx 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. Xxxxxx XxXxxxxx of her obligations under paragraphs 4, 5, 6, 7, 8, and/or 9. Pursuant to paragraph 15, and except as otherwise prohibited or limited by law, Xx. Xxxxxx XxXxxxxx will also be liable for any litigation costs and expenses that the Company incurs in successfully seeking enforcement of its rights under this Agreement, including reasonable attorney’s fees.

Material breach by Employee. In the event that XxMx. Xxxxxx breaches any material provision of this Agreement, including but not necessarily limited to paragraphs 4, 5, 6, 7, 8 and/or 98, the Company will have no further obligation to pay or provide to her Mx. Xxxxxx 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 her Mx. Xxxxxx under this Agreement and to recalculate any future pension benefit entitlement without the additional credited service and/or age she Mx. Xxxxxx received or would have received under this Agreement. Despite any breach by XxMx. Xxxxxx, her Mx. Xxxxxx’x other duties and obligations under this Agreement, including her Mx. Xxxxxx’x waivers and releases, will remain in full force and effect. In the event of a breach or threatened breach by XxMx. Xxxxxx of any of the provisions in paragraphs 4, 5, 6, 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 be difficult to determine and will not provide a full and adequate remedy, the Company will also be entitled to specific performance by XxMx. Xxxxxx of her Mx. Xxxxxx’x obligations under paragraphs 4, 5, 6, 7, and/or 8, and/or 9. Pursuant to paragraph 1514, and except as otherwise prohibited or limited by law, XxMx. Xxxxxx will also be liable for any litigation costs and expenses that the Company incurs in successfully seeking enforcement of its rights under this Agreement, including reasonable attorney’s fees.