Remedy for Breach of Section 7. In the event the Executive willfully breaches any provision contained in this Section 7 in any material manner, and notwithstanding anything else to the contrary, then, in addition to any other legal remedies the Corporation may have, the Corporation shall have the right to take any or all of the following actions: (a) terminate the payments and benefits contemplated by this Agreement and/or (b) terminate any and all stock options and other equity-based awards theretofore granted to the Executive by the Corporation (to the extent not theretofore exercised or paid, as applicable); provided, however, that if a cure is reasonably possible in the circumstances, the Corporation shall provide the Executive with written notice of the breach and shall not take any of the above actions unless the Executive fails to cure the breach within ten (10) business days’ after such notice.
Remedy for Breach of Section 7. (a) In the event the Executive willfully breaches Section 7.3 in any material manner, and notwithstanding anything else to the contrary, then, in addition to any other legal remedies the Corporation may have, the Corporation shall have the right, in its sole discretion, to take any or all of the following actions: (i) terminate the payments and benefits otherwise due pursuant to Section 5.3(b)(i) and/or (ii) terminate any and all stock options theretofore granted to the Executive by the Corporation (to the extent not theretofore exercised); provided, however, that if a cure is reasonably possible in the circumstances, the Corporation shall provide the Executive with written notice of the breach and shall not take any of the above actions unless the Executive fails to cure the breach within ten (10) business days’ after such notice, and the Executive agrees to not exercise any such stock options after the Corporation provides the Executive with such notice and before such cure is made.
Remedy for Breach of Section 7. (a) In the event the Executive willfully breaches Section 7.3 in any material manner, and notwithstanding anything else to the contrary, then, in addition to any other legal remedies the Corporation may have, the Corporation shall have the right, in its sole discretion, to take any or all of the following actions: (i) terminate the payments and benefits otherwise due pursuant to Section 5.3(b)(i) and/or (ii) terminate any and all stock options and other equity-based awards theretofore granted to the Executive by the Corporation (to the extent not vested prior to such breach by the Executive); provided, however, that if a cure is reasonably possible in the circumstances, the Corporation shall provide the Executive with written notice of the breach and shall not take any of the above actions unless the Executive fails to cure the breach within ten (10) business days’ after such notice, and the Executive agrees to not exercise any such stock options after the Corporation provides the Executive with such notice and before such cure is made. Notwithstanding anything else to the contrary, including without limitation, pursuant to any applicable award agreement or plan, any determination of whether the Executive’s equity awards granted on or prior to December 31, 2009 are subject to forfeiture for violating any restrictions on the Executive’s activities during or following employment shall be determined solely in accordance with this Section 7.8(a).
Remedy for Breach of Section 7. This provisions of this Section 7.8 control notwithstanding anything to the contrary in Section 5.3. In the event the Executive breaches any provision of Section 7 in any willful and material manner the Executive will no longer be entitled to, and the Corporation will no longer be obligated to pay, any remaining unpaid portion of any benefits contemplated by Section 5.3(b) and, in addition to any other legal remedies the Corporation may have in such circumstances, the Corporation shall have the right, in its sole discretion, to take any or all of the following actions: (i) terminate the payments and benefits otherwise due pursuant to Section 5.3(b), (ii) require the Executive to repay to the Corporation any amount theretofore paid to the Executive pursuant to Section 5.3(b), and/or (iii) terminate any and all stock options theretofore granted to the Executive by the Corporation (to the extent not theretofore exercised); provided, however, that if a cure is reasonably possible in the circumstances, the Corporation shall provide the Executive with written notice of the breach and shall not take any of the above actions unless the Executive fails to cure the breach within ten (10) business days’ after such notice, and the Executive agrees to not exercise any such stock options after the Corporation provides the Executive with such notice and before such cure is made. In no case where benefits are otherwise triggered under Section 5.3(b), however, shall the Executive be entitled to benefits pursuant to Section 5.3(b)(i) of less than $5,000, which amount the parties agree is good and adequate consideration, in and of itself, for the Executive’s release contemplated by Section 5.4.
