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.

Release; Continued Compliance. Any and all amounts payable and benefits or additional rights provided upon termination of employment pursuant to this Agreement beyond the Accrued Benefits pursuant to Section 8(c9(c) or Section 8(d), as applicable 9(d) (the “Severance Benefits”) will only shall be payable if and only if the Executive delivers to the Company Company, and does not revoke revoke, a general release of claims in favor of the Company in a substantially the form reasonably satisfactory to the Company. attached hereto as Exhibit A. Such release will be executed and delivered (and no longer subject to revocation, if applicable) within 60 sixty (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 (a) the Company discovers grounds constituting Cause existed before the Executive’s termination of employment (as determined within twelve (12) months following the date of the Executive’s termination of employment) or (b) the Executive materially breaches any of the restrictive covenants set forth in Section 10 this Agreement or Section 11the Employee Proprietary Information and Invention Assignment Agreement attached to this Agreement as Exhibit B, the Executive’s right to receive the Severance Benefits will immediately cease and be forfeited, forfeited and any previously paid Severance Benefits previously paid to the Executive will shall be immediately repaid by the ExecutiveExecutive to the Company.