No Other Entitlements. Employee acknowledges and agrees that the payments and benefits provided in Sections 1(a) through (h) constitute consideration beyond that which, but for the mutual covenants set forth in this Agreement, the Company otherwise would not be obligated to provide to Employee as of the Separation Date. Employee acknowledges that he will no longer be entitled to any other benefits, payments or contributions from the Company or its subsidiaries other than those specifically provided for in this Agreement or under an employee benefit plan governed by the Employee Retirement Income Security Act of 1974, as amended.
No Other Entitlements. Except for the compensation, monies and benefits expressly set forth in Section 2, Employee acknowledges that he is not entitled to any other compensation, monies or benefits from the Company, including but not limited to bonuses, commissions, or other forms of compensation or benefits, repayments of debts, or reimbursements of expenses.
No Other Entitlements. Upon the termination of this Agreement for any reason, as applicable, the Company shall provide the Advisor with only the fees accrued and owing to the Advisor up to and including the termination date, as applicable, upon the Advisor’s provision of an invoice, as well as reimbursement for all eligible expenses that have been incurred by the Advisor and remain outstanding as of the expiration or earlier termination date, as applicable, upon the Advisor’s submission of satisfactory statements and receipts .The Advisor acknowledges and agrees that she shall have no further entitlements (including to pay in lieu of fees, RSUs or damages of any kind), whether under contract, statute, common law or otherwise. The Breathe Group does not make any representation as to the length of any engagement with the Advisor, including any fees, RSUs or compensation whatsoever.
No Other Entitlements. The parties acknowledge and agree that damages resulting from the Executive’s separation from service hereunder shall be extremely difficult or impossible to establish or prove, and agree that the Severance Benefits shall constitute damages stipulated by the parties for the Executive’s separation from service. The Executive agrees that, except for such other payments and benefits to which the Executive may be entitled as expressly provided by the terms of any other applicable benefit plan (other than retiree medical), such damages shall be in lieu of all other claims that the Executive may make by reason of the Executive’s separation from service hereunder. The Executive shall forfeit all rights to the Severance Benefits unless the Executive executes and timely re-executes this Agreement and delivers the Agreement to the Employer, and the Agreement has become irrevocable by virtue of the expiration of the applicable Revocation Period without the Agreement having been revoked. The Employer and Company Affiliates shall have no obligation to provide the Severance Benefits prior to the end of the Revocation Period that begins following the Executive’s re-execution of this Agreement. If the Executive fails to comply with the Executive’s obligations under Section 6 hereof, the Executive shall (i) forfeit outstanding equity awards, (ii) transfer the shares underlying any equity awards that were accelerated pursuant to the terms of the related plan or award agreements and settled in shares to Parent for no consideration and (iii) repay the after-tax amount of the Severance Benefits and any equity awards that were accelerated pursuant to the terms of the related plan or award agreements and settled in cash or sold.
No Other Entitlements. You understand and agree that the compensation, payments and benefits provided for in Paragraph 3 of this Agreement are in excess of those to which you may be entitled from the Company. Once the Company has made to you the payments provided for in Paragraph 3 of this Agreement, you acknowledge and agree that you will have received all entitlements due from the Company relating to your employment with the Company, including but not limited to, all wages earned, sick pay, vacation pay, bonus awards, and any paid and unpaid personal leave for which you were eligible and entitled, and that no other entitlements are due to you other than as set forth in this Agreement.
No Other Entitlements. The Consultant acknowledges and agrees that the notice and provisions for compensation on termination provided in this Section are fair and reasonable and agrees that upon any termination of the Consultant’s services by the Company, or upon any termination of this Agreement by the Consultant, neither the Consultant nor Loretto will have any action, cause of action, claim or demand against the Company or any other person as a consequence of such termination.
No Other Entitlements. By executing this Release, Executive does not waive:
a. Rights through October 31, 2007, to reimbursement of reasonable business expenses, if any, incurred by Executive for the benefit of the Company, in accordance with the general policies of the Company as adopted from time to time.
b. Rights to indemnification as set forth in Article 18 of the 1995 Agreement.
c. Rights Executive may have to any bonus Executive has earned under the Company’s Management Incentive Plan for the fiscal year ended March 31, 2007. The Company shall pay such bonus, if any, to Executive on or before July 31, 2007.
d. Rights Executive may have to any bonus Executive has earned under the Company’s Special Long-Term Incentive Plan for the two-year period ended March 31, 2007. The Company shall pay such bonus, if any, to Executive on or before July 31, 2007.
e. Rights Executive may have under the terms of the DIMON Incorporated Split Dollar Insurance Agreement between the Company and Executive, a copy of which is attached hereto as Exhibit C and incorporated herein by reference (the “Split Dollar Agreement”), which shall continue in full force and effect following the Termination Date in accordance with its terms. The Company and Executive agree that Executive’s obligation to reimburse the Company for the Term Cost (as that term is defined under the Split Dollar Agreement) of the applicable premiums shall be satisfied by the Company withholding the amount of such Term Cost from the monthly payments described in Sections 2(b) and (c) above during the period over which such monthly payments are payable, and that Executive shall reimburse the Company directly for the amount of such Term Costs for 2007 and for all other periods during which applicable premiums are paid.
f. Rights Executive may have under the terms of any other Company employee benefit plan, including, but not limited to, (1) any vested benefits Executive has accrued under the Alliance One International, Inc. Pension Plan and under the Company’s tax-qualified 401(k) plan, (2) vested benefits Executive has accrued under the Alliance One International, Inc. Pension Equity Plan (the “PEP”), (3) vested benefits Executive has accrued under deferred compensation agreements dated January 1, 1978 and October 1, 1980 between Executive and Dibrell Brothers, Inc., which the parties have amended and restated as set forth and incorporated herein by reference as Exhibit D, (4) rights Executive may have to retiree health benefits under...
No Other Entitlements. Except for the compensation, monies, expenses, and benefits expressly set forth in this Agreement, Employee acknowledges that he is not entitled to any other compensation, monies or benefits from the Company, including, but not limited to, additional compensation for accrued vacation or other time off, bonuses, commissions, severance, expenses, or other forms of compensation or benefits, repayments of debts, or reimbursements of expenses and Employee hereby releases the Company and its affiliates of and from any obligations to make any other payment or provide any other benefit, and Employee waives all rights to said payments or benefits.
No Other Entitlements. The Executive acknowledges that, provided Extraction complies with its obligations hereunder, the Executive will no longer be entitled to any other benefits, payments or contributions from Extraction other than those specifically provided for in this Agreement.
No Other Entitlements. Except for the compensation, monies and benefits expressly set forth in Section 2 and the rights reserved under Section 3, Employee acknowledges that he is not entitled to any other compensation, monies or benefits from the Company, including but not limited to compensation for vacation or other time off, bonuses, commissions, expense reimbursements, or other forms of compensation or benefits, repayments of debts, or reimbursements of expenses, except for those reimbursements for business expenses incurred on or prior to the Separation Date in the ordinary course of business.
