Common use of Return of Consideration Clause in Contracts

Return of Consideration. The Participant specifically recognizes and agrees that the covenants set forth in the Participant Covenants are material and important terms of this Agreement, and the Participant further agrees that should all or any part or application of SECTION 4.2 be held or found invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction in an action between the Participant and the Company (despite, and after application of, any applicable rights to reformation that could add or renew enforceability), the Company shall be entitled to receive from the Participant the cash equivalent of the Fair Market Value of all Shares paid to the Participant pursuant to the terms of this Agreement, which Fair Market Value shall be determined as of the date of payment or exercise, as the case may be, to the Participant pursuant to Section 4 of this Agreement. The return of consideration provided for in this SECTION 8 is in addition to the remedies for breach provided for in SECTION 7.

Return of Consideration. The Participant specifically recognizes and agrees that the covenants set forth in the Participant Covenants this Exhibit A are material and important terms of this Agreement, and the Participant further agrees that should all or any part or application of SECTION 4.2 be held or found invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction in an action between the Participant and the Company (despite, and after application of, any applicable rights to reformation that could add or renew enforceability), the Company shall be entitled to receive from the Participant the cash equivalent of the Fair Market Value of all Shares paid to the Participant pursuant to the terms of this Agreement, which Fair Market Value shall be determined as of the date of payment or exercise, as the case may be, to the Participant pursuant to Section 4 4(a) of this Agreement. The return of consideration provided for in this SECTION 8 is in addition to the remedies for breach provided for in SECTION 7.

Return of Consideration. The Participant specifically recognizes and agrees that the covenants set forth in the Participant Covenants this Exhibit A are material and important terms of this Agreement, and the Participant further agrees that should all or any part or application of SECTION 4.2 be held or found invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction in an action between the Participant and the Company (despite, and after application of, any applicable rights to reformation that could add or renew enforceability), the Company shall be entitled to receive from the Participant the cash equivalent of the Fair Market Value of all Shares paid to the Participant pursuant to the terms of this Agreement, which Fair Market Value shall be determined as of the date of payment or exercise, as the case may be, to the Participant pursuant to Section 4 4(a) of this Agreement. The return of 56257325v.5 Exhibit 10.5 consideration provided for in this SECTION 8 is in addition to the remedies for breach provided for in SECTION 7.