Payments Contingent on Release. The Company’s obligation to make any payments of base salary or bonus under this Section 7 (other than wages for services performed prior to the Termination Date) shall be contingent upon the Executive executing a general release concerning the Executive’s employment in form and substance reasonably acceptable to the Company and the Executive, within 45 days following the Termination Date. No such contingency shall apply to any obligation to provide benefits under this Section 7.
Payments Contingent on Release. The Company’s obligation to make any payments of salary or bonus under this Section 7 shall be contingent upon the Executive executing a general release concerning the Executive’s employment in form and substance reasonably acceptable to the Company and the Executive. No such contingency shall apply to any obligation to provide benefits under this Section 7.
Payments Contingent on Release. The Separation Payment payable under paragraph 5(b) shall be subject to, and contingent upon, Employee providing the Company with a signed mutual release agreement, satisfactory to Employee and the Company, releasing the Company and all affiliates of any and all claims, charges and causes of action the Employee may have arising out of or relating in any way to the Employee’s employment by the Company and its affiliated companies and the termination of such employment.
Payments Contingent on Release. The Company’s obligation to make any salary continuation or COBRA coverage payments under this Section 7 (other than wages for services performed prior to the Termination Date) shall be contingent upon the Executive executing a general release concerning the Executive’s employment in form and substance reasonably acceptable to the Company and the Executive, within 45 days following the Termination Date.
Payments Contingent on Release. The Separation Payment payable under paragraph 5(b) shall be subject to, and contingent upon, Employee’s execution of a General Release Agreement in favor of the Company within 60 days of Employee’s Date of Termination in substantially the form and substance as the one attached hereto as Schedule A.
Payments Contingent on Release. The Executive acknowledges that the payments and rights set forth in Section 2(b)-(f) of this Agreement, in accordance with the terms of his Severance Agreement, are conditioned upon his release of all claims against Boulder Brands in accordance with the Executive's execution and delivery of a release agreement in a form attached hereto as Exhibit A and his compliance with all the terms and conditions of this Agreement.
Payments Contingent on Release. I understand and agree that I would not receive the Payments and Promises set forth above as item numbers 1, 2 and/or 3 except for my execution of this Release and the fulfillment of my Promises as set forth herein.
Payments Contingent on Release. The Executive acknowledges that the payments and rights set forth in Section 2(b)-(d) of this Agreement are conditioned upon his release of all claims against Boulder Brands on or before the date hereof in accordance with the Executive’s execution and delivery of a release agreement in a form attached hereto as Exhibit A and his compliance with all the terms and conditions of this Agreement. For avoidance of doubt, nothing in the release agreement shall be interpreted to release or waive any rights under the Indemnification Agreement by and amount the Executive, Boulder Brands and GFA Brands, Inc. dated November 26, 2014 (the “Indemnification Agreement”).
Payments Contingent on Release. Notwithstanding anything to the contrary, no amount shall be payable to the Executive (or the Executive’s executor or other legal representative in the case of the Executive’s death or disability) pursuant to Section 4, other than (i) accrued Base Salary and vacation pay through and including the Executive’s date of termination or death and (ii) other Employee Benefits to which the Executive is entitled upon termination of employment in accordance with the terms of the plans and programs of the Company, as the case may be, unless and until thirty (30) days after the Executive (or the Executive’s executor or other legal representative in the case of the Executive’s death or disability) executes and delivers to the Company, in accordance with Section 13, a general release prescribed by the Company, substantially in the form of Exhibit A attached hereto (the “Release”), provided such Release is executed and delivered to Company within twenty-two (22) days of the Executive’s cessation of employment, or within forty-five (45) days in the event of the Executive’s death or disability. Whether the Executive’s employment is terminated with Cause or without Cause, in no event shall the Company be required to pay the Executive damages on account of an alleged breach of this Agreement (which shall not include any noncontractual claims, such as statutory discrimination claims) in excess of the consideration set forth in Section 4(d).
Payments Contingent on Release. The Executive acknowledges that the payments to be made pursuant to this Agreement exceed those to which he would otherwise be entitled under the normal operation of any benefit plan, policy or procedure of Smart Balance or under any previous agreement (written or oral) between him and Smart Balance, including, without limitation, the Prior Agreement and the Change of Control Agreement (except as set forth in Section 5 below). The Executive further acknowledges that the agreement by Smart Balance to provide such additional payments beyond his entitlement, if any, is conditioned upon his release of all claims against Smart Balance and his compliance with all the terms and conditions of this Agreement.
