Common use of Return of Consideration Clause in Contracts

Return of Consideration. Employee understands that this Agreement is final and binding. Employee agrees not to challenge its enforceability. If Employee attempts to challenge the enforceability of this Agreement, he shall initially tender to the Company, by certified funds delivered to the Company, all monies and other value he receives pursuant to this Agreement, and shall invite the Company to retain such monies and agree with him to cancel this Agreement. In the event the Company accepts this offer, the Company shall retain such monies and this Agreement shall be cancelled. In the event the Company does not accept such offer, the Company shall so notify Employee, and shall place such monies in an interest-bearing escrow account pending resolution of the dispute as to whether this Agreement shall be set aside and/or otherwise rendered unenforceable.

Appears in 2 contracts

Samples: Separation Agreement and General Release (Goodys Family Clothing Inc /Tn), Separation Agreement and General Release (Pinnacle Airlines Corp)

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Return of Consideration. Subject to Section 11 of this Agreement, Employee understands that this Agreement is final and binding. Employee agrees not to challenge its enforceability. If Employee attempts to challenge the enforceability of this Agreement, he shall initially tender to the Company, by certified funds delivered to the Company, all monies and other value he receives pursuant to this Agreement, and shall invite the Company to retain such monies and agree with him to cancel this Agreement. In the event the Company accepts this offer, the Company shall retain such monies and this Agreement shall be cancelled. In the event the Company does not accept such offer, the Company shall so notify Employee, and shall place such monies in an interest-bearing escrow account pending resolution of the dispute as to whether this Agreement shall be set aside and/or otherwise rendered unenforceable.

Appears in 1 contract

Samples: Separation Agreement and General Release (Goodys Family Clothing Inc /Tn)

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Return of Consideration. Employee understands that this Agreement is final and binding. Employee agrees not to challenge its enforceability. If Employee attempts to challenge the enforceability of this Agreement, he she shall initially tender to the Company, by certified funds delivered to the Company, all monies and other value he she receives pursuant to this Agreement, and shall invite the Company to retain such monies and agree with him her to cancel this Agreement. In the event the Company accepts this offer, the Company shall retain such monies and this Agreement shall be cancelled. In the event the Company does not accept such offer, the Company shall so notify Employee, and shall place such monies in an interest-bearing escrow account pending resolution of the dispute as to whether this Agreement shall be set aside and/or otherwise rendered unenforceable.

Appears in 1 contract

Samples: Separation Agreement and General Release (Pinnacle Airlines Corp)

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