Common use of RELEASE; CONTINUING OBLIGATIONS Clause in Contracts

RELEASE; CONTINUING OBLIGATIONS. Employee acknowledges and agrees that the applicable payments set forth in Section 9 of this Agreement constitute liquidated damages for any claim by Employee of breach of contract or any other matters related to the non-renewal of this Agreement or termination of Employee’s employment by the Company hereunder. Furthermore, in order to receive any of the applicable payments set forth in Section 9 above upon the termination of his/her employment, and as an express condition to the Company’s obligation to make such payments, (a) within 30 days following the Employee’s termination date, (i) Employee shall execute and agree to be bound by an agreement providing for the waiver and general release of any and all claims arising out of or relating to Employee’s employment and termination of employment (the “Release”), which Release shall be in such form as PRA’s Office of General Counsel may require, and (ii) to the extent the Release includes a statutory revocation/rescission period, such period shall have expired without Employee having revoked the Release; and (b) Employee shall agree to continue to be bound by, and shall continue to comply with, all surviving obligations of Employee hereunder, including, without limitation, Employee’s obligations under Sections 10, 11 and 12 hereof.

Appears in 6 contracts

Samples: Employment Agreement (Portfolio Recovery Associates Inc), Employment Agreement (Portfolio Recovery Associates Inc), Employment Agreement (Portfolio Recovery Associates Inc)

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RELEASE; CONTINUING OBLIGATIONS. Employee acknowledges and agrees that the applicable payments set forth in Section 9 of this Agreement constitute liquidated damages for any claim by Employee of breach of contract or any other matters related to the non-renewal of this Agreement or termination of Employee’s 's employment by the Company hereunder. Furthermore, in order to receive any of the applicable payments set forth in Section 9 above upon the termination of his/her employment, and as an express condition to the Company’s 's obligation to make such payments, (a) within 30 days following the Employee’s 's termination date, (i) Employee shall execute and agree to be bound by an agreement providing for the waiver and general release of any and all claims arising out of or relating to Employee’s 's employment and termination of employment (the "Release"), which Release shall be in such form as PRA’s the Company's Office of General Counsel may require, and (ii) to the extent the Release includes a statutory revocation/rescission period, such period shall have expired without Employee having revoked the Release; and (b) Employee shall agree to continue to be bound by, and shall continue to comply with, all surviving obligations of Employee hereunder, including, without limitation, Employee’s 's obligations under Sections 10, 11 and 12 hereof.

Appears in 5 contracts

Samples: Employment Agreement (Pra Group Inc), Employment Agreement (Pra Group Inc), Employment Agreement (Pra Group Inc)

RELEASE; CONTINUING OBLIGATIONS. Employee acknowledges and agrees that the applicable payments set forth in Section 9 of this Agreement constitute liquidated damages for any claim by Employee of breach of contract or any other matters related to the non-renewal of this Agreement or termination of Employee’s 's employment by the Company hereunder. Furthermore, in order to receive any of the applicable payments set forth in Section 9 above upon the termination of his/her employmentemployment (other than Employee's base Salary and accrued PTO through the date of Termination), and as an express condition to the Company’s 's obligation to make such payments, (a) within 30 days following the Employee’s 's termination date, (i) Employee shall execute and agree to be bound by an agreement providing for the waiver and general release of any and all claims arising out of or relating to Employee’s 's employment and termination of employment (the "Release"), which Release shall be in such form as PRA’s the Company's Office of General Counsel may require, and (ii) to the extent the Release includes a statutory revocation/rescission period, such period shall have expired without Employee having revoked the Release; and (b) Employee shall agree to continue to be bound by, and shall continue to comply with, all surviving obligations of Employee hereunder, including, without limitation, Employee’s 's obligations under Sections 10, 11 and 12 hereof. If the consideration and revocation period for the Release crosses calendar years, any amounts payable pursuant to Section 9 that are subject to Section 409A of the Internal Revenue Code shall be paid in the second calendar year.

Appears in 1 contract

Samples: Employment Agreement (Pra Group Inc)

RELEASE; CONTINUING OBLIGATIONS. Employee acknowledges and agrees that that, except for the applicable Standard Termination Payments, the payments set forth in Section 9 of this Agreement constitute liquidated damages for any claim by Employee of for breach of contract or any other matters related to the non-renewal of this Agreement or termination of Employee’s employment by the Company hereunder. Furthermore, in order to receive any of the applicable payments set forth in Section 9 above Sections 9(b) or (c) upon the termination of his/her employmentEmployee’s employment (other than the Standard Termination Payments), and as an express condition to the Company’s obligation to make such payments, (a) within 30 days following the Employee’s termination date, (i) Employee shall execute and agree to be bound by an agreement providing for the waiver and general release of any and all claims arising out of or relating to Employee’s employment and termination of employment through the effective date of Employee’s termination (the “Release”), which Release shall be in such form as PRAthe Company’s Office of General Counsel may require, that becomes effective and (ii) to the extent irrevocable within no more than 60 days after the Release includes a statutory revocation/rescission period, such period shall have expired without Employee having revoked the Releaseis provided to Employee; and (b) Employee shall agree to continue to be bound by, and shall continue to comply with, all surviving obligations of Employee hereunder, including, without limitation, Employee’s obligations under Sections 1011, 11 12 and 12 22 hereof. If the consideration and revocation periods for the Release cross calendar years, any amounts payable pursuant to Sections 9(b) or (c) that are subject to Section 409A of the Internal Revenue Code shall be paid in the second calendar year.

Appears in 1 contract

Samples: Employment Agreement (Pra Group Inc)

RELEASE; CONTINUING OBLIGATIONS. Employee acknowledges and agrees that the applicable payments set forth in Section 9 of this Agreement constitute liquidated damages for any claim by Employee of breach of contract or any other matters related to the non-renewal of this Agreement or termination of Employee’s 's employment by the Company hereunder. Furthermore, in order to receive any of the applicable payments set forth in Section 9 above upon the termination of his/her his employment, and as an express condition to the Company’s 's obligation to make such payments, (a) within 30 days following the Employee’s 's termination date, (i) Employee shall execute and agree to be bound by an agreement providing for the waiver and general release of any and all claims arising out of or relating to Employee’s 's employment and termination of employment (the "Release"), which Release shall be in such form as PRA’s the Company's Office of General Counsel may require, and (ii) to the extent the Release includes a statutory revocation/rescission period, such period shall have expired without Employee having revoked the Release; and (b) Employee shall agree to continue to be bound by, and shall continue to comply with, all surviving obligations of Employee hereunder, including, without limitation, Employee’s 's obligations under Sections 10, 11 and 12 hereof.

Appears in 1 contract

Samples: Employment Agreement (Pra Group Inc)

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RELEASE; CONTINUING OBLIGATIONS. Employee acknowledges and agrees that the applicable payments set forth in Section 9 of this Agreement constitute liquidated damages for any claim by Employee of breach of contract or any other matters related to the non-renewal of this Agreement or termination of Employee’s employment by the Company hereunder. Furthermore, in order to receive any of the applicable payments set forth in Section 9 above upon the termination of his/her employmentEmployee’s employment (other than Employee’s Base Salary and accrued PTO through the date of Termination), and as an express condition to the Company’s obligation to make such payments, (a) within 30 days following the Employee’s termination date, (i) Employee shall execute and agree to be bound by an agreement providing for the waiver and general release of any and all claims arising out of or relating to Employee’s employment and termination of employment (the “Release”), which Release shall be in such form as PRAthe Company’s Office of General Counsel may require, require that becomes effective and (ii) to the extent irrevocable within 52 days after the Release includes a statutory revocation/rescission period, such period shall have expired without Employee having revoked the Releaseis provided to Employee; and (b) Employee shall agree to continue to be bound by, and shall continue to comply with, all surviving obligations of Employee hereunder, including, without limitation, Employee’s obligations under Sections 10, 11 and 12 hereof. If the consideration and revocation period for the Release crosses calendar years, any amounts payable pursuant to Section 9 that are subject to Section 409A of the Internal Revenue Code shall be paid in the second calendar year.

Appears in 1 contract

Samples: Employment Agreement (Pra Group Inc)

RELEASE; CONTINUING OBLIGATIONS. Employee acknowledges and agrees that that, except for the applicable Standard Termination Payments, the payments set forth in Section 9 of this Employment Agreement constitute liquidated damages for any claim by Employee of for breach of contract or any other matters related to the non-renewal of this Employment Agreement or termination of Employee’s employment by the Company hereunder. Furthermore, in order to receive any of the applicable payments set forth in Section 9 above 9(b) upon the termination of his/her employmentEmployee’s employment (other than the Standard Termination Payments), and as an express condition to the Company’s obligation to make such payments, (a) within 30 days following the Employee’s termination date, (i) Employee shall execute and agree to be bound by an agreement providing for the waiver and general release of any and all claims arising out of or relating to Employee’s employment and termination of employment through the effective date of Employee’s termination (the “Release”), which Release shall be in such form as PRAthe Company’s Office of General Counsel may require, that becomes effective and (ii) to the extent irrevocable within no more than 60 days after the Release includes a statutory revocation/rescission period, such period shall have expired without Employee having revoked the Releaseis provided to Employee; and (b) Employee shall agree to continue to be bound by, and shall continue to comply with, all surviving obligations of Employee hereunder, including, without limitation, Employee’s obligations under Sections 1011, 11 12 and 12 22 hereof. If the consideration and revocation periods for the Release cross calendar years, any amounts payable pursuant to Section 9(b) that are subject to Section 409A of the Internal Revenue Code shall be paid in the second calendar year.

Appears in 1 contract

Samples: Employment Agreement (Pra Group Inc)

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