Common use of No Further Liability; Release Clause in Contracts

No Further Liability; Release. Payment made and performance by the Company in accordance with this Section 5 shall operate to fully discharge and release the Company and its directors, officers, employees, affiliates, stockholders, successors, assigns, agents and representatives from any further obligation or liability with respect to Executive’s employment and termination of employment. Other than providing the compensation and benefits provided for in accordance with this Section 5, the Company and its directors, officers, employees, affiliates, stockholders, successors, assigns, agents and representatives shall have no further obligation or liability to Executive or any other person under this Agreement or with respect to Executive’s employment or the termination thereof, with the exception of indemnification obligations under Section 3(e) hereof. The payment of any amounts pursuant to this Section 5 (other than payments required by law and the Standard Termination Payments) is expressly conditioned upon the timely delivery (and non-revocation) by Executive to the Company of a release, substantially in the form attached hereto as Exhibit A, of any and all claims Executive may have against the Company and its directors, officers, employees, affiliates, stockholders, successors, assigns, agents and representatives arising out of or related to Executive’s employment by the Company and the termination of such employment and Executive’s non-revocation of such release. Such release must be returned to the Company in accordance with the term set forth in such release agreement but no later than forty-five (45) days after Executive’s termination of employment and must become irrevocable at the expiration of any applicable revocation period. The payment of any amounts pursuant to this Section 5 (other than payments required by law and the Standard Termination Payments) will commence within thirty (30) days following the expiration of any applicable revocation period with respect to such release that has been timely executed by Executive and returned to the Company. However, if, pursuant to this Section 5(f), a payment may be made in one of two tax years, such payment will be made in the latter tax year.

Appears in 9 contracts

Samples: Employment Agreement (Siga Technologies Inc), Employment Agreement (Siga Technologies Inc), Employment Agreement (Siga Technologies Inc)

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No Further Liability; Release. Payment made and performance by the Company in accordance with this Section 5 shall operate to fully discharge and release the Company and its directors, officers, employees, affiliates, stockholders, successors, assigns, agents and representatives from any further obligation or liability with respect to Executive’s employment and termination of employment. Other than providing the compensation and benefits provided for in accordance with this Section 54, upon and following Executive’s termination of employment, the Company and its directors, officers, employees, subsidiaries, affiliates, stockholders, successors, assigns, agents and representatives shall have no further obligation or liability to Executive or any other person under this Agreement or with respect to Executive’s employment or the termination thereof, with the exception of indemnification obligations under Section 3(e) hereofAgreement. The payment of any amounts pursuant to this Section 5 4 (other than payments required by law and the Standard Termination Paymentslaw) is expressly conditioned upon (i) the timely delivery (and non-revocation) by Executive to the Company of a release, substantially release in form and substance reasonably satisfactory to the form attached hereto as Exhibit A, Company of any and all claims Executive may have against the Company and its directors, officers, employees, subsidiaries, affiliates, stockholders, successors, assigns, agents and representatives arising out of or related to Executive’s employment by the Company and the termination of such employment and (ii) Executive not revoking such release within the seven (7) day revocation period following his delivery of the release. The Company shall provide Executive with the proposed form of such release no later than seven (7) days following the date of termination, and Executive shall execute and cause to become irrevocable such release no later than fifty-two (52) days after the date of Executive’s non-termination (and Executive shall be provided a seven (7) day revocation period following his delivery of such release). Such release must be returned Subject to the Company in accordance with the term set forth in such release agreement but no later than forty-five (45Section 7(i) days after Executive’s termination of employment and must become irrevocable at the expiration of hereof, any applicable revocation period. The payment of any amounts lump sum payments provided pursuant to this Section 5 (other than payments required by law and the Standard Termination Payments) 4 will commence be paid to Executive within thirty (30) 30 days following the expiration of any applicable revocation period with respect to after such release becomes effective; provided, however, that has been timely executed by Executive and returned to the Company. However, if, pursuant to this Section 5(f), if Executive’s date of termination occurs on or after November 1 of a payment may be made in one of two tax yearsgiven calendar year, such payment will will, subject to Section 7(i) hereof, be made paid in January of the latter tax immediately following calendar year.

Appears in 2 contracts

Samples: Employment Agreement (United Rentals North America Inc), Employment Agreement (United Rentals North America Inc)

No Further Liability; Release. The Company conditions the payment of any severance or other amounts pursuant to Sections 6 and 7 (other than any accrued but unpaid Base Salary for services rendered to the date of termination, any accrued but unpaid expenses required to be reimbursed in accordance with Section 4, any unused vacation as of the date of termination, and any payments under Section 6(a)) upon (a) the delivery by Executive to the Company of a release in the form satisfactory to the Company, substantially in the form attached hereto as Attachment 2, within such time following Executive’s termination of employment as will permit the release to become irrevocable on or before the fifty-second (52nd) day after Executive’s termination of employment and (b) such release actually becoming irrevocable by the fifty-second (52nd) day after Executive’s termination of employment. If Executive fails to execute such release or the release does not become irrevocable by the fifty-second (52nd) day after Executive’s termination of employment, Executive will forfeit any benefits under Sections 6 and 7 (other than any accrued but unpaid Base Salary for services rendered to the date of termination, any accrued but unpaid expenses required to be reimbursed in accordance with Section 4, any unused vacation as of the date of termination, and any payments under Section 6(a)). Payment made and performance by the Company in accordance with this Section 5 Sections 6 and 7, as applicable, shall operate to fully discharge and release the Company and its directors, officers, employees, subsidiaries, affiliates, stockholders, successors, assigns, agents and representatives from any further obligation or liability with respect to Executive’s employment and termination of employment. Other than providing the compensation and benefits provided for in accordance with this Section 5, the Company and its directors, officers, employees, affiliates, stockholders, successors, assigns, agents and representatives shall have no further obligation or liability to Executive or any other person rights under this Agreement or with respect to Executive’s employment or the termination thereof, with the exception of indemnification obligations under Section 3(e) hereof. The payment of any amounts pursuant to this Section 5 (other than payments required by law and the Standard Termination Payments) is expressly conditioned upon the timely delivery (and non-revocation) by Executive to the Company of a release, substantially in the form attached hereto as Exhibit A, of any and all claims Executive may have against the Company and its directors, officers, employees, affiliates, stockholders, successors, assigns, agents and representatives arising out of or related to Executive’s employment by the Company and the termination of such employment and Executive’s non-revocation of such release. Such release must be returned to the Company in accordance with the term set forth in such release agreement but no later than forty-five (45) days after Executive’s termination of employment and must become irrevocable at the expiration of any applicable revocation period. The payment of any amounts pursuant to this Section 5 (other than payments required by law and the Standard Termination Payments) will commence within thirty (30) days following the expiration of any applicable revocation period with respect to such release that has been timely executed by Executive and returned to the Company. However, if, pursuant to this Section 5(f), a payment may be made in one of two tax years, such payment will be made in the latter tax yearAgreement.

Appears in 2 contracts

Samples: Employment Agreement (Tesoro Logistics Lp), Employment Agreement (Tesoro Corp /New/)

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No Further Liability; Release. Payment made and performance by the Company in accordance with this Section 5 shall operate to fully discharge and release the Company and its directors, officers, employees, affiliates, stockholders, successors, assigns, agents and representatives from any further obligation or liability with respect to Executive’s 's employment and termination of employment. Other than providing the compensation and benefits provided for in accordance with this Section 5, the Company and its directors, officers, employees, affiliates, stockholders, successors, assigns, agents and representatives shall have no further obligation or liability to Executive or any other person under this Agreement or with respect to Executive’s 's employment or the termination thereof, with the exception of indemnification obligations under Section 3(e) hereof. The payment of any amounts pursuant to this Section 5 (other than payments required by law and the Standard Termination Payments) is expressly conditioned upon the timely delivery (and non-revocation) by Executive to the Company of a release, substantially in the form attached hereto as Exhibit A, of any and all claims Executive may have against the Company and its directors, officers, employees, affiliates, stockholders, successors, assigns, agents and representatives arising out of or related to Executive’s 's employment by the Company and the termination of such employment and Executive’s 's non-revocation of such release. Such release must be returned to the Company in accordance with the term set forth in such release agreement but no later than forty-five (45) days after Executive’s 's termination of employment and must become irrevocable at the expiration of any applicable revocation period. The payment of any amounts pursuant to this Section 5 (other than payments required by law and the Standard Termination Payments) will commence within thirty (30) days following the expiration of any applicable revocation period with respect to such release that has been timely executed by Executive and returned to the Company. However, if, pursuant to this Section 5(f), a payment may be made in one of two tax years, such payment will be made in the latter tax year.

Appears in 1 contract

Samples: Employment Agreement (Siga Technologies Inc)

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