Common use of Release and Other Agreements Clause in Contracts

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.

Appears in 5 contracts

Samples: Employment Agreement (Odyssey Healthcare Inc), Employment Agreement (Odyssey Healthcare Inc), Employment Agreement (Odyssey Healthcare Inc)

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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(i) Sections 5(c)(v), 5(c)(vi) and 5(c)(vii) or (ii) Sections 6(a)(iii)(E), 6(a)(iii)(F) and 6(a)(iii)(G), as the case may be, Employee hereby agrees to execute (and not revoke) a release in substantially the form attached hereto as Exhibit A B (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 agreementsRelease), Employee agrees that Employee shall not be entitled to receive the such severance benefits described in this Agreementbenefits. Without limiting the foregoing, in consideration for receiving the such severance benefits described in this Agreementbenefits, 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.

Appears in 3 contracts

Samples: Employment Agreement (Odyssey Healthcare Inc), Employment Agreement (Odyssey Healthcare Inc), Employment Agreement (Odyssey Healthcare Inc)

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 within forty-five (45) days of the Date of Termination (and not revokerevoke thereafter) 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 agreementsRelease), Employee agrees that Employee shall not be entitled to receive the such severance benefits described in this Agreementbenefits. Without limiting the foregoing, in consideration for receiving the such severance benefits described in this Agreementbenefits, 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.

Appears in 2 contracts

Samples: Employment Agreement (Odyssey Healthcare Inc), Employment Agreement (Odyssey Healthcare Inc)

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 within forty-five (45) days of the Date of Termination (and not revokerevoke thereafter) a release in substantially the form attached hereto as Exhibit A B (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 agreementsRelease), Employee agrees that Employee shall not be entitled to receive the such severance benefits described in this Agreementbenefits. Without limiting the foregoing, in consideration for receiving the such severance benefits described in this Agreementbenefits, 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.

Appears in 2 contracts

Samples: Employment Agreement (Odyssey Healthcare Inc), Employment Agreement (Odyssey Healthcare Inc)

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 within forty-five (45) days of the Date of Termination (and not revokerevoke thereafter) 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.

Appears in 1 contract

Samples: Employment Agreement (Odyssey Healthcare Inc)

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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 within forty-five (45) days of the Date of Termination 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.

Appears in 1 contract

Samples: Employment Agreement (Odyssey Healthcare Inc)

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(i) Sections 5(c)(v), 5(c)(vi) and 5(c)(vii) or (ii) Sections 6(a)(iii)(E), 6(a)(iii)(F) and 6(a)(iii)(G), as the case may be, 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 agreementsRelease), Employee agrees that Employee shall not be entitled to receive the such severance benefits described in this Agreementbenefits. Without limiting the foregoing, in consideration for receiving the such severance benefits described in this Agreementbenefits, 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.

Appears in 1 contract

Samples: Employment Agreement (Odyssey Healthcare Inc)

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