Common use of Release and Forfeiture of Severance Benefits Clause in Contracts

Release and Forfeiture of Severance Benefits. The right of Employee to receive or to retain Severance Benefits shall be in consideration for, and subject to, (1) execution of and delivery to the Company of a release of claims substantially in the form attached as Exhibit C to this Agreement, amended as necessary to comply with applicable law (the “Release”) and lapse of the period for revocation, if any, of the Release without the Release having been revoked no later than 60 days after the Termination Date, and (2) Employee’s continued compliance with the covenants hereof. In the event that Employee breaches any of the Covenants, Company shall have the right to (a) terminate any further provision of Severance Benefits not yet paid or provided, (b) seek reimbursement from Employee for any and all such Severance Benefits previously paid or provided to Employee, (c) recover from Employee all shares of stock of Company the vesting of which, or the option to purchase, was accelerated by reason of the Severance Benefits (or the proceeds therefrom, reduced by any exercise or purchase price paid to acquire such shares), and (d) to immediately cancel all equity awards the vesting of which was accelerated by reason of the Severance Benefits. No Severance Benefits shall be paid until the 60th day following the Termination Date, subject to Section 24(b) hereof.

Release and Forfeiture of Severance Benefits. The right of Employee Executive to receive or to retain Severance Benefits pursuant to Section 8.2 or 8.3 shall be in consideration for, and subject to, (1) execution of and delivery to the Company of a release of claims substantially in the form attached as Exhibit C A to this Agreement, amended as necessary to comply with applicable law (the “Release”) and lapse of the period for revocation, if any, of the Release on or before the Payment Date without the Release having been revoked no later than 60 days after the Termination Date, and (2) EmployeeExecutive’s continued compliance with the covenants hereofCovenants (as defined in Sections 13 and 14 of this Agreement). In the event that Employee Executive breaches any of the Covenants, Company shall have the right to (a) terminate any further provision of Severance Benefits not yet paid or provided, (b) seek reimbursement from Employee Executive for any and all such Severance Benefits previously paid or provided to EmployeeExecutive, (c) recover from Employee Executive all shares of stock of Company the vesting of which, or the option to purchase, was accelerated by reason of the Severance Benefits (or the proceeds therefrom, reduced by any exercise or purchase price paid to acquire such shares), and (d) to immediately cancel all equity awards Equity Awards the vesting of which was accelerated by reason of the Severance Benefits. No Severance Benefits shall be paid until the 60th day following the Termination Date, subject to Section 24(b) hereof.

Release and Forfeiture of Severance Benefits. The right of Employee Executive to receive or to retain Severance Benefits pursuant to Section 7.2 shall be in consideration for, and subject to, (1) execution of and delivery to the Company of a release of claims substantially in the form attached as Exhibit C to this Agreement, amended as necessary to comply with applicable law (the “Release”) and lapse of the period for revocation, if any, of the Release without the Release having been revoked no later than 60 sixty (60) days after the Termination Date, and (2) EmployeeExecutive’s continued compliance with the covenants hereofCovenants (as defined in Sections 121 and 13 of this Agreement). In the event that Employee Executive breaches any of the Covenants, Company shall have the right to (a) terminate any further provision of Severance Benefits not yet paid or provided, (b) seek reimbursement from Employee Executive for any and all such Severance Benefits previously paid or provided to EmployeeExecutive, (c) recover from Employee Executive all shares of stock of Company the vesting of which, or the option to purchase, was accelerated by reason of the Severance Benefits (or the proceeds therefrom, reduced by any exercise or purchase price paid to acquire such shares), and (d) to immediately cancel all equity awards Equity Awards the vesting of which was accelerated by reason of the Severance Benefits. No Severance Benefits shall be paid until the 60th day following the Termination Date, subject to Section 24(b) hereof.

Release and Forfeiture of Severance Benefits. The right of Employee to receive or to retain Severance Benefits shall be in consideration for, and subject to, (1) execution of and delivery to the Company Parent of a release of claims substantially in the form attached as Exhibit C to this Agreement, amended as necessary to comply with applicable law (the “Release”) and lapse of the period for revocation, if any, of the Release without the Release having been revoked no later than 60 days after the Termination Date, and (2) Employee’s continued compliance with the covenants hereof. In the event that Employee breaches any of the Covenantscovenants, Company Parent shall have the right to (a) terminate any further provision of Severance Benefits not yet paid or provided, (b) seek reimbursement from Employee for any and all such Severance Benefits previously paid or provided to Employee, (c) recover from Employee all shares of stock of Company Parent the vesting of which, or the option to purchase, was accelerated by reason of the Severance Benefits (or the proceeds therefrom, reduced by any exercise or purchase price paid to acquire such shares), and (d) to immediately cancel all equity awards the vesting of which was accelerated by reason of the Severance Benefits. No Severance Benefits shall be paid until the 60th day following the Termination Date, subject to Section 24(b) hereof.

Release and Forfeiture of Severance Benefits. The right of Employee Executive to receive or to retain Severance Benefits pursuant to Section 9.2 or Section 9.3 shall be in consideration for, and subject to, (1a) execution of and delivery to the Company of a release Separation Agreement and General Release of claims substantially in the form attached as Exhibit C A to this Agreement, amended as necessary to comply with applicable law (the “Release”) and lapse of the period for revocation, if any, of the Release without the Release having been revoked no later than 60 days after the Termination Date, and (2b) EmployeeExecutive’s continued compliance with the covenants hereofCovenants (as defined in Sections 12, 13 and 14 of this Agreement). The right of Executive’s estate or designated beneficiaries to receive or to retain Severance Benefits pursuant to Section 9.4 shall be in consideration for, and subject to execution and deliver to the Company of the Release. The Release will not include a waiver of (i) Executive’s existing rights of indemnification or Directors and Officers liability insurance coverage, (ii) Executive’s existing rights under any outstanding equity awards, (iii) Executive’s rights as a stockholder in the Company or (iv) claims for accrued vested benefits under any employee benefit plan or pension plan. In the event that Employee Executive breaches any of the Covenants, the Company shall have the right to (a1) terminate any further provision of Severance Benefits not yet paid or provided, (b) seek reimbursement from Employee for any and all such Severance Benefits previously paid or provided to Employee, (c2) recover from Employee Executive all shares of stock of the Company the vesting of which, or the option to purchase, was accelerated by reason of the Severance Benefits (or the proceeds therefrom, reduced by any exercise or purchase price paid to acquire such shares), and (d3) to immediately cancel all equity awards Equity Awards the vesting of which was accelerated by reason of the Severance Benefits. No Severance Benefits shall be paid until the 60th day following the Termination Date, subject to Section 24(b) hereof.

Release and Forfeiture of Severance Benefits. The right of Employee Executive to receive or to retain Severance Benefits pursuant to Section 8 shall be in consideration for, and subject to, (1i) execution of and delivery to the Company of a release of claims substantially in the form attached as Exhibit C A to this Agreement, amended as necessary to comply with applicable law (the “Release”) and lapse of the period for revocation, if any, of the Release on or before the sixtieth (60th) day following the Termination Date without the Release having been revoked no later than 60 days after the Termination Date, and (2ii) EmployeeExecutive’s continued compliance with the covenants hereofCovenants as described in this Agreement, its attachments and exhibits, including those referenced in Section 11 and of this Agreement. In the event that Employee Executive breaches any of the Covenants, Company shall have the right to (a) terminate any further provision of Severance Benefits not yet paid or provided, (b) seek reimbursement from Employee Executive for any and all such Severance Benefits previously paid or provided to EmployeeExecutive, (c) recover from Employee Executive all shares of stock of Company the vesting of which, or the option to purchase, was accelerated by reason of the Severance Benefits (or the proceeds therefrom, reduced by any exercise or purchase price paid to acquire such shares), and (d) to immediately cancel all equity awards Equity Awards the vesting of which was accelerated by reason of the Severance Benefits. No Severance Benefits shall be paid until the 60th day following the Termination Date, subject to Section 24(b) hereof.

Release and Forfeiture of Severance Benefits. The right of Employee Executive to receive or to retain Severance Benefits pursuant to Section 8.2 shall be in consideration for, and subject to, (1) execution of and delivery to the Company of a release of claims substantially in the form attached as Exhibit C to this Agreement, amended as necessary to comply with applicable law (the “Release”) and lapse of the period for revocation, if any, of the Release without the Release having been revoked no later than 60 days after the Termination Date, and (2) EmployeeExecutive’s continued compliance with the covenants hereofCovenants (as defined in Sections 13 and 14 of this Agreement). In the event that Employee Executive breaches any of the Covenants, Company shall have the right to (a) terminate any further provision of Severance Benefits not yet paid or provided, (b) seek reimbursement from Employee Executive for any and all such Severance Benefits previously paid or provided to EmployeeExecutive, (c) recover from Employee Executive all shares of stock of Company the vesting of which, or the option to purchase, was accelerated by reason of the Severance Benefits (or the proceeds therefrom, reduced by any exercise or purchase price paid to acquire such shares), and (d) to immediately cancel all equity awards Equity Awards the vesting of which was accelerated by reason of the Severance Benefits. No Severance Benefits shall be paid until the 60th day following the Termination Date, subject to Section 24(b) hereof.

Release and Forfeiture of Severance Benefits. The right of Employee Executive to receive or to retain Severance Benefits pursuant to Section 8 shall be in consideration for, and subject to, (1i) execution of and delivery to the Company of a release of claims substantially in the form attached as Exhibit C A to this Agreement, as amended from time to time and as necessary to comply with applicable law (the “Release”) and lapse of the period for revocation, if any, of the Release on or before the sixtieth (60th) day following the Termination Date without the Release having been revoked no later than 60 days after the Termination Date, and (2ii) EmployeeExecutive’s continued compliance with the covenants hereofas described in this Agreement, its attachments and exhibits, including those referenced in Section 11 and of this Agreement. In the event that Employee Executive breaches any of the Covenantssuch covenants, Company shall have the right to (a) terminate any further provision of Severance Benefits not yet paid or provided, (b) seek reimbursement from Employee Executive for any and all such Severance Benefits previously paid or provided to EmployeeExecutive, (c) recover from Employee Executive all shares of stock of Company the Company, the vesting of which, or the option to purchase, was accelerated by reason of the Severance Benefits (or the proceeds therefrom, reduced by any exercise or purchase price paid to acquire such shares), and (d) to immediately cancel all equity awards Equity Awards the vesting of which was accelerated by reason of the Severance Benefits. No Severance Benefits shall be paid until the 60th day following the Termination Date, subject to Section 24(b) hereof.

Release and Forfeiture of Severance Benefits. The right of Employee to receive or to retain Severance Benefits shall be in consideration for, and subject to, (1) execution of and delivery to the Company of a release of claims substantially in the form attached as Exhibit C to this Agreement, amended as necessary to comply with applicable law (the “Release”) and lapse of the period for revocation, if any, of the Release without the Release having been revoked no later than 60 days after the Termination Date, and (2) Employee’s continued compliance with the covenants hereof. In the event that Employee breaches any of the Covenants, Company shall have the right to (a) terminate any further provision of Severance Benefits not yet paid or provided, (b) seek reimbursement from Employee for any and all such Severance Benefits previously paid or provided to Employee, (c) recover from Employee all shares of stock of Company the vesting of which, or the option to purchase, was accelerated by reason of the Severance Benefits (or the proceeds therefrom, reduced by any exercise or purchase price paid to acquire such shares), and (d) to immediately cancel all equity awards the vesting of which was accelerated by reason of the Severance Benefits. No Severance Benefits shall be paid until the 60th day following the Termination Date, subject to Section 24(b) hereof. [Signature Page follows; remainder of this page is blank.]

Release and Forfeiture of Severance Benefits. The right of Employee Executive to receive or to retain Severance Benefits shall be in consideration for, and subject to, (1) execution of and delivery to the Company of a release of claims substantially in the form attached as Exhibit C to this Agreement, amended as necessary to comply with applicable law (the “Release”) and lapse of the period for revocation, if any, of the Release without the Release having been revoked no later than 60 days after the Termination Date, and (2) EmployeeExecutive’s continued compliance with the covenants hereof. In the event that Employee Executive breaches any of the Covenants, Company shall have the right to (a) terminate any further provision of Severance Benefits not yet paid or provided, (b) seek reimbursement from Employee Executive for any and all such Severance Benefits previously paid or provided to EmployeeExecutive, (c) recover from Employee Executive all shares of stock of Company the vesting of which, or the option to purchase, was accelerated by reason of the Severance Benefits (or the proceeds therefrom, reduced by any exercise or purchase price paid to acquire such shares), and (d) to immediately cancel all equity awards the vesting of which was accelerated by reason of the Severance Benefits. No Severance Benefits shall be paid until the 60th day following the Termination Date, subject to Section 24(b) hereof.

Release and Forfeiture of Severance Benefits. The right of Employee Executive to receive or to retain Severance Benefits pursuant to Section 8.2 shall be in consideration for, and subject to, (1) execution of and delivery to the Company of a release of claims substantially in the form attached as Exhibit C A to this Agreement, amended as necessary to comply with applicable law (the “Release”) and lapse of the period for revocation, if any, of the Release without the Release having been revoked no later than 60 days after the Termination Date, and (2) EmployeeExecutive’s continued compliance with the covenants hereofCovenants (as defined in Sections 13 and 14 of this Agreement). In the event that Employee Executive breaches any of the Covenants, Company shall have the right to (a) terminate any further provision of Severance Benefits not yet paid or provided, (b) seek reimbursement from Employee Executive for any and all such Severance Benefits previously paid or provided to EmployeeExecutive, (c) recover from Employee Executive all shares of stock of Company the vesting of which, or the option to purchase, was accelerated by reason of the Severance Benefits (or the proceeds therefrom, reduced by any exercise or purchase price paid to acquire such shares), and (d) to immediately cancel all equity awards Equity Awards the vesting of which was accelerated by reason of the Severance Benefits. No Severance Benefits shall be paid until the 60th day following the Termination Date, subject to Section 24(b) hereof.

Release and Forfeiture of Severance Benefits. The right of Employee Executive to receive or to retain Severance Benefits pursuant to this Section 8 shall be in consideration for, and subject to, (1i) execution of and delivery to the Company of a general release of claims substantially relating to Executive’s employment and service as an officer with the Group Companies in the a form attached as Exhibit C reasonably satisfactory to this Agreement, amended as necessary to comply with applicable law Company (the “Release”) and lapse of the period for revocation, if any, of the Release within the period of time following the Termination Date set forth in the Release without the Release having been revoked no later than 60 days after the Termination Date, and (2ii) EmployeeExecutive’s continued compliance with the covenants hereofdescribed in this Agreement and its exhibits, including those referenced in Section 11 of this Agreement (collectively, the “Covenants”). In the event that Employee Executive breaches any of the Covenants, Company shall have the right to (a) terminate any further provision of Severance Benefits not yet paid or provided, (b) seek reimbursement from Employee Executive for any and all such Severance Benefits previously paid or provided to EmployeeExecutive, (c) recover from Employee Executive all shares of stock of Company the vesting of which, or the option to purchase, was accelerated by reason of the Severance Benefits or Section 8.3 (or the proceeds therefrom, reduced by any exercise or purchase price paid to acquire such shares), and (d) to immediately cancel all equity awards Equity Awards the vesting of which was accelerated by reason of the Severance Benefits. No Severance Benefits shall be paid until the 60th day following the Termination Date, subject to or Section 24(b) hereof8.3.

Release and Forfeiture of Severance Benefits. The right of Employee Executive to receive or to retain Severance Benefits pursuant to this Section 8 shall be in consideration for, and subject to, (1i) execution of and delivery to the Company of a general release of claims substantially relating to Executive’s employment and service as an officer with the Group Companies in the a form attached as Exhibit C reasonably satisfactory to this Agreement, amended as necessary to comply with applicable law Company (the “Release”) and lapse of the period for revocation, if any, of the Release within the period of time following the Termination Date set forth in the Release without the Release having been revoked no later than 60 days after the Termination Date, and (2ii) EmployeeExecutive’s continued compliance with the covenants hereofdescribed in this Agreement and its exhibits, including those referenced in Section 11 of this Agreement (collectively, the “Covenants”). In the event that Employee Executive breaches any of the Covenants, Company the Group Companies shall have the right to (a) terminate any further provision of Severance Benefits not yet paid or provided, (b) seek reimbursement from Employee Executive for any and all such Severance Benefits previously paid or provided to EmployeeExecutive, (c) recover from Employee Executive all shares of stock of Company the vesting of which, or the option to purchase, was accelerated by reason of the Severance Benefits or Section 8.3 (or the proceeds therefrom, reduced by any exercise or purchase price paid to acquire such shares), and (d) to immediately cancel all equity awards Equity Awards the vesting of which was accelerated by reason of the Severance Benefits. No Severance Benefits shall be paid until the 60th day following the Termination Date, subject to or Section 24(b) hereof8.3.