Release and Other Conditions. Notwithstanding any other provisions of this Agreement, neither the Company nor any Successor shall be obligated to provide the Termination Payments or Health Benefits under Sections 4 or 5 unless (a) Executive shall have signed a full release of any and all claims in favor of the Company (and any Successor), pursuant to a form of release acceptable to counsel to the Company, (b) all applicable consideration periods and rescission periods provided by law shall have expired, and (c) Executive is in strict compliance with the terms of this Agreement and the Proprietary Information Agreement as of the dates the Company provides any Termination Payments or Health Benefits.
Appears in 4 contracts
Samples: Change in Control Agreement (Sunshine Heart, Inc.), Change in Control Agreement (Sunshine Heart, Inc.), Change in Control Agreement (Sunshine Heart, Inc.)
