Release and Other Agreements. Notwithstanding any other provision in this Agreement to the contrary, in consideration for receiving the severance benefits described in this Agreement, Employee hereby agrees to execute (and not revoke) a release in substantially the form attached hereto as Exhibit A (the “Release”) and such other documents and agreements as reasonably required by the Company, in the form and pursuant to the procedures reasonably established by the Company. If Employee fails to properly execute and deliver the Release and such other documents or agreements (or revokes the Release or such other documents or agreements), Employee agrees that Employee shall not be entitled to receive the severance benefits described in this Agreement. Without limiting the foregoing, in consideration for receiving the severance benefits described in this Agreement, upon any termination of Employee’s employment (other than by reason of death), whether Employee’s employment is terminated by Employee or by the Company, Employee hereby agrees to resign in writing, in form and substance reasonably acceptable to the Company, from all officer and/or director positions with the Company or any Subsidiary or Affiliate thereof, effective on the Date of Termination. For purposes of this Agreement, the Release and the resignation shall be considered to have been executed by Employee if it is signed by Employee’s legal representative in the case of Employee’s legal incompetence or on behalf of Employee’s estate in the case of Employee’s death. Upon Employee’s execution and delivery of the Release, the Company shall also promptly execute and deliver the Release.
Release and Other Agreements. Notwithstanding any other provision in this Agreement to the contrary, as a condition to receiving the benefits described in this Agreement, upon any termination of your employment hereunder you hereby agree to execute (and not revoke) a release in substantially the form attached hereto as Exhibit A (the “Release”) and such other documents and agreements as required by the Company, in the form and pursuant to the procedures reasonably established by the Company. For purposes of this Agreement, the Release will be considered to have been executed by you if it is signed by your legal representative in the case of your legal incompetence or on behalf of your estate in the case of your death. Upon your execution and delivery of the Release, the Company will also promptly execute and deliver the Release.
Release and Other Agreements. Notwithstanding any other provision in this Agreement to the contrary, as consideration for receiving benefits under this Agreement, the Employee may be required to execute (and not revoke) a general release as may be reasonably requested by the Company, pursuant to the procedures established by the Company. If the Employee fails to properly execute such release (or revokes such release), the Employee shall not receive any benefits under this Agreement.
Release and Other Agreements. The Optionholder does hereby forever release, discharge and acquit the Company, the Parent the Acquiror and each of their respective Affiliates (the “Released Parties”) and from all claims, demands, obligations and liabilities, whenever arising out of, connected with or relating to, the Options and the cancellation thereof; provided, however, that such release and waiver does not extend to claims, demands, obligations and liabilities arising out of this Agreement. Notwithstanding the foregoing, the Optionholder hereby agrees that the Optionholder shall not make and irrevocably waives any right to make any claim for indemnification against the Company or any of its Subsidiaries or Affiliates by reason of the fact that the Optionholder was a director, officer, employee or agent of any such entity or serving at the request of any such entity as a partner, trustee, director, officer, employee or agent of another entity (whether such claim is for judgments, damages, penalties, fines, costs, amounts paid in settlement, losses, expenses, including any advancement thereof, or otherwise and whether such claim is pursuant to any statute, charter document, by-law, agreement or otherwise) with respect to any action, suit, proceeding, complaint, claim or demand brought by any of the Released Parties against the Optionholder (whether such action, suit, proceeding, complaint, claim or demand is pursuant to this Agreement, the Arrangement Agreement, applicable law or otherwise).
Release and Other Agreements. Notwithstanding any other provision in this Agreement to the contrary, as consideration for receiving severance benefits under this Agreement, the Executive must execute (and not revoke) a release in the form attached hereto as Exhibit A. If the Executive fails to properly execute such release (or revokes such release), then Executive shall receive no severance benefits under this Agreement.
Release and Other Agreements. Notwithstanding any other provision in this Agreement to the contrary, in consideration for receiving the severance benefits described in Sections 5(c)(v) and 5(c)(vi), Rxxxxxx hereby agrees to execute (and not revoke) a release within 60 days of the Date of Termination in substantially the form attached hereto as Exhibit A (the “Release”). If Rxxxxxx fails to properly execute and deliver the Release (or revokes the Release), Rxxxxxx agrees that Rxxxxxx shall not be entitled to receive such severance benefits.
Release and Other Agreements. Notwithstanding any other provision in this Agreement to the contrary, in consideration for receiving the severance benefits described in Sections 5(c)(v) and 5(c)(vi), Employee hereby agrees to execute (and not revoke) a Release and Separation Agreement and a Waiver and Release within 60 days of the Date of Termination in substantially the forms attached hereto as Exhibit A (the “Release”). If Employee fails to properly execute and deliver the Release (or revokes the Release), Employee agrees that Employee shall not be entitled to receive such severance benefits.
Release and Other Agreements. A. OMP, on the one side, and The Insurers, on the other side, each on its own behalf and on behalf of each of their respective parents, subsidiaries, divisions, holding companies, merged companies, affiliated companies, acquired companies, predecessors-in-interest, successors-in-interest, assigns, attorneys, and affiliates of each of those companies, all solely in their capacities as such; and each of their directors, officers, stockholders, attorneys, agents and employees, all solely in their capacities as such (collectively, the “Releasing Parties”), hereby releases each of the others’ respective Releasing Parties (and in the case of the Insurers, each of their respective Policies), of and from any claims and disputes based upon and/or arising out of The Obagi Actions and all matters released therein; The Obagi Claims, the ZO Skin Health Lawsuit, the Obagi Arbitration, the Defense Costs, the Settlement Costs and the Coverage Action, including, without limitation, any and all claims that were or could have been asserted in the Coverage Action. For the avoidance of doubt, the foregoing release includes a release by OMP and its respective Releasing Parties, and each of them, of all claims that OMP did assert or could have asserted in the Coverage Action for breach of contract, breach of the covenant of good faith and fair dealing, unfair claims handling or settlement practice, fraud, misrepresentation, claims for attorneys’ fees (including “Xxxxxx” fees) and costs, interest, statutory, code or regulatory violations, and punitive/exemplary damages and/or any other basis for any claim for damages, injury, other fees or costs arising out of, related to or connected with the Insurers’ evaluation and handling of Xxx Xxxxx Xxxxxxx, Xxx Xxxxx Xxxxxx and/or the filing of the Coverage Action, provided however, that the releases set forth in this Agreement do not release: (1) The Insurers, their respective released Parties, and/or any of their respective Policies of or for claims or matters other than those released by this Agreement (in other words, the foregoing release is a broad claim-release, not a policy release) and (2) any of the obligations established by this Agreement.
Release and Other Agreements. Notwithstanding any other provision in this Agreement to the contrary, as a condition to receiving the benefits described in Sections 3(a), (d) and (e) of this Agreement and in any other agreement entered into pursuant hereto, you hereby agree to execute (and not revoke) a release in substantially the form attached hereto as Exhibit A (the “Release”) and such other documents and agreements as required by the Company, in the form and pursuant to the procedures reasonably established by the Company.
Release and Other Agreements. Notwithstanding any other provision in this Agreement to the contrary, if Executive fails to execute the Release or timely revokes this Agreement or the Release within the seven day revocation period applicable to each, then this Agreement shall be null and void ab initio.
