Common use of Release etc Clause in Contracts

Release etc. Notwithstanding any other provision of this Agreement to the contrary, Executive acknowledges and agrees that any and all payments to which Executive is entitled under this Section 7 which are described as being subject to this Section 7(f) are conditioned upon and subject to (i) Executive’s execution of an agreement in such reasonable and customary form as shall be prepared by the Employer reaffirming Executive’s obligations under Section 8 hereof, and (ii) Executive’s execution of, and not having revoked within any applicable revocation period, a general release and waiver, in such reasonable and customary form as shall be prepared by the Employer, of all claims Executive may have against the Employer and its directors, officers, subsidiaries and affiliates, except as to (x) matters covered by provisions of this Agreement that expressly survive the termination of this Agreement or are covered by the grant referred to in Section 9 hereof, and (y) any Accrued and Vested Benefits to which Executive may be entitled. Unless such release becomes irrevocable within 55 days of Executive’s termination of employment, Executive shall not be entitled to any severance benefits that are described as being subject to this Section 7(f). If the release has become irrevocable within such 55-day period, the Employer shall pay such severance benefits to Executive on the 60th day following his termination of employment, subject to Section 7(h).

Appears in 2 contracts

Samples: Employment Agreement (Rhino Resource Partners LP), Employment Agreement (Rhino Resource Partners LP)

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Release etc. Notwithstanding any other provision of this Agreement to the contrary, Executive acknowledges and agrees that any and all payments to which Executive is entitled under this Section 7 which are described as being subject to this Section 7(f) are conditioned upon and subject to (i) Executive’s execution of an agreement in such reasonable and customary form as shall be prepared by the Employer reaffirming Executive’s obligations under Section 8 hereof, and (ii) Executive’s execution of, and not having revoked within any applicable revocation period, a general release and waiver, in such reasonable and customary form as shall be prepared by the Employer, of all claims Executive may have against the Employer and its directors, officers, subsidiaries and affiliates, except as to (x) matters covered by provisions of this Agreement that expressly survive the termination of this Agreement or are covered by the grant referred to in Section 9 hereof, and (y) any Accrued and Vested Benefits to which Executive may be entitled. Unless such release becomes irrevocable within 55 days of Executive’s termination of employment, Executive shall not be entitled to any severance benefits that are described as being subject to this Section 7(f). If the release has become irrevocable within such 55-day period, the Employer shall pay such severance benefits to Executive on the 60th day following within 60 days of his termination of employment, subject to Section 7(h).

Appears in 2 contracts

Samples: Employment Agreement (Rhino Resource Partners, L.P.), Employment Agreement (Rhino Resource Partners, L.P.)

Release etc. Notwithstanding any other provision of this Agreement to the contrary, Executive acknowledges and agrees that any and all payments to which Executive is entitled under this Section 7 6 which are described as being subject to this Section 7(f6(f) are conditioned upon and subject to (i) Executive’s execution of an agreement in such reasonable and customary form as shall be prepared by the Employer reaffirming Executive’s obligations under Section 8 7 hereof, and (ii) Executive’s execution of, and not having revoked within any applicable revocation period, a general release and waiver, in such reasonable and customary form as shall be prepared by the Employer, of all claims Executive may have against the Employer and its directors, officers, subsidiaries and affiliates, except as to (x) matters covered by provisions of this Agreement that expressly survive the termination of this Agreement or are covered by the grant referred to in Section 9 hereofthis, and (y) any Accrued and Vested Benefits to which Executive may be entitled. Unless such release becomes irrevocable within 55 days of Executive’s termination of employment, Executive shall not be entitled to any severance benefits that are described as being subject to this Section 7(f6(f). If the release has become irrevocable within such 55-day period, the Employer shall pay such severance benefits to Executive on the 60th day following his termination of employment, subject to Section 7(h6(h).

Appears in 1 contract

Samples: Employment Agreement (Rhino Resource Partners LP)

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Release etc. Notwithstanding any other provision of this Agreement agreement to the contrary, Executive Employee acknowledges and agrees that any and all payments to which Executive is entitled under this Section 7 11 which are described as being subject to this Section 7(f) are conditioned upon and subject to (i) ExecutiveEmployee’s execution of an agreement in such reasonable and customary form as shall be prepared by the Employer reaffirming ExecutiveEmployee’s obligations under Section 8 7 hereof, and (ii) Executive’s execution of, and not having revoked within any and applicable revocation period, a general release and waiver, in such reasonable and customary form as forms shall be prepared by the EmployerEmployer , of all claims Executive Employee may have against the Employer and its directors, officers, subsidiaries and affiliates, except as to (x) matters covered by provisions of this Agreement that expressly survive the termination of this Agreement agreement or are covered by the grant referred to in Section 9 8 hereof, and (y) any Accrued and Vested Benefits to which Executive Employee may be entitled. Unless such release becomes irrevocable within 55 days of ExecutiveEmployee’s termination of employment, Executive Employee shall not be entitled to any severance benefits that are described as being subject to this Section 7(f)Section. If the release has become irrevocable within such 55-55 day period, the Employer shall pay such severance benefits to Executive Employee on the 60th day following his termination of employment, subject to Section 7(h).

Appears in 1 contract

Samples: Employment Agreement (Rhino Resource Partners LP)

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