Common use of Release of Claims Required Clause in Contracts

Release of Claims Required. (a) Notwithstanding any other provision of this Agreement, no benefits shall be paid pursuant to Section 4(a) if Executive: (i) fails to execute and deliver to the Company a release of claims (the “Release of Claims”) in the form and manner prescribed by the Company, within the time set forth in the Release of Claims, or (ii) revokes or rescinds such Release of Claims during the revocation or rescission period set forth in such Release of Claims. (b) The Release of Claims will include Executive’s agreements related to confidentiality, non-competition, non-solicitation, non-disparagement and arbitration. (c) It is the responsibility of the Company to deliver to Executive the Company’s form of Release of Claims sufficiently before the date specified in Section 4(a) for payment, such that Executive is afforded such period as may be required by applicable statute or regulation to consider whether to sign the Release of Claims and whether to revoke or rescind such Release of Claims. If the Company shall fail to do so, Executive’s obligation to execute and deliver a Release of Claims is waived.

Appears in 2 contracts

Samples: Change in Control Severance Agreement (Apogee Enterprises, Inc.), Change in Control Severance Agreement (Apogee Enterprises Inc)

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Release of Claims Required. (ai) Notwithstanding any other provision of this Agreement, no benefits shall be paid pursuant to Section 4(a) if Executive: (i1) fails to execute and deliver to the Company a release of claims (the “Release of Claims”) in the form and manner prescribed by the Company, within the time set forth in the Release of Claims, or (ii2) revokes or rescinds such Release of Claims and Agreement during the revocation or rescission period set forth in such Release of Claims. (bii) The Release of Claims will include Executive’s agreements related to confidentiality, non-competition, non-solicitation, non-disparagement and arbitration. (ciii) It is the responsibility of the Company to deliver to Executive the Company’s form of Release of Claims sufficiently before the date specified in Section 4(a) for paymentpayment (including, if applicable, such later date as is specified under Section 4(h)), such that Executive is afforded such period as may be required by applicable statute or regulation to consider whether to sign the Release of Claims and whether to revoke or rescind such Release of Claims. If the Company shall fail to do so, Executive’s obligation to execute and deliver a Release of Claims is waived.

Appears in 1 contract

Samples: Change of Control Severance Agreement (Supervalu Inc)

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Release of Claims Required. (a) Notwithstanding any other provision of this Agreement, no benefits shall be paid pursuant to Section 4(a) if Executive: (i) fails to execute and deliver to the Company a release of claims (the “Release of Claims”) in the form and manner prescribed by the Company, within the time set forth in the Release of Claims, or (ii) revokes or rescinds such Release of Claims during the revocation or rescission period set forth in such Release of Claims. (b) The Release of Claims will include Executive’s agreements related to confidentiality, non-competition, non-solicitation, non-disparagement and arbitration. (c) It is the responsibility of the Company to deliver to Executive the Company’s form of Release of Claims sufficiently before the date specified in Section 4(a) for payment, such that Executive is afforded such period as may be required by applicable statute or regulation to consider whether to sign the Release of Claims and whether to revoke or rescind such Release of Claims. If the Company shall fail to do so, Executive’s obligation to execute and deliver a Release of Claims is shall be waived.

Appears in 1 contract

Samples: Change in Control Severance Agreement (Uranerz Energy Corp.)

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