Common use of Rescission, Forfeiture and Other Remedies Clause in Contracts

Rescission, Forfeiture and Other Remedies. If the Company determines that you have violated any applicable provisions of Section 10(c) above during the Non-Competition and Non-Solicitation Period, in addition to injunctive relief and damages, you agree and covenant that: (i) any unvested portion of the Performance Share Units shall be immediately rescinded; (ii) you shall automatically forfeit any rights you may have with respect to the Performance Share Units as of the date of such determination; (iii) if the Performance Share Units vests within the twelve-month period immediately preceding a violation of Section 10(c) above (or following the date of any such violation), upon the Company’s demand, you shall immediately deliver to it a certificate or certificates for Shares that you acquired upon settlement of such Performance Share Units (or an equivalent number of other shares); and (iv) the foregoing remedies set forth in this Section 10(d) shall not be the Company’s exclusive remedies. The Company reserves all other rights and remedies available to it at law or in equity.

Rescission, Forfeiture and Other Remedies. If the Company determines that you have violated any applicable provisions of Section 10(c10(a) above during the Non-Competition and Non-Solicitation Period, in addition to injunctive relief and damages, you agree and covenant that: (i) any unvested portion of the Performance Share Units shall be immediately rescinded; (ii) you shall automatically forfeit any rights you may have with respect to the Performance Share Units as of the date of such determination; (iii) if any part of the Performance Share Units vests within the twelve-month period immediately preceding a violation of Section 10(c10(a) above (or following the date of any such violation), upon the Company’s demand, you shall immediately deliver to it a certificate or certificates for Shares that you acquired upon settlement of such Performance Share Units (or an equivalent number of other shares); and (iv) the foregoing remedies set forth in this Section 10(d10(b) shall not be the Company’s exclusive remedies. The Company reserves all other rights and remedies available to it at law or in equity.