Common use of Release; Continued Compliance Clause in Contracts

Release; Continued Compliance. Any and all amounts payable and benefits provided beyond the Accrued Benefits pursuant to Section 8(c) or Section 8(d), as applicable (the “Severance Benefits”) will only be payable if the Executive delivers to the Company and does not revoke a general release of claims in favor of the Company in a form reasonably satisfactory to the Company. Such release will be executed and delivered (and no longer subject to revocation, if applicable) within 60 days following termination. The first such payment of the Severance Benefits will include all amounts that otherwise would have been due prior thereto under the terms of this Agreement had such payments commenced immediately upon the effective date of the Executive’s termination of employment. Any delay in the payment of the Severance Benefits will not extend the period of time that the Severance Benefits are payable pursuant to Section 8(c) or Section 8(d), as applicable. During such time that the Executive is receiving the Severance Benefits, if the Executive breaches any of the covenants set forth in Section 10 or Section 11, the Executive’s right to receive the Severance Benefits will immediately cease and be forfeited, and any Severance Benefits previously paid to the Executive will be immediately repaid by the Executive.