Common use of Return of Severance Benefits Clause in Contracts

Return of Severance Benefits. With respect to Change in Control Severance Benefits or General Severance Benefits provided pursuant to Sections 4.1, 4.2, 5.1 or 5.2, if at any time the Executive breaches any provision of (i) the General Release or (ii) the Non-Competition Agreement (or, with respect to an Executive who has previously executed a Non-Competition Agreement, the written affirmation of the Executive’s obligations thereunder), each as executed by the Executive in accordance with Section 3.4 of this Agreement, then in addition to all other rights and remedies available to it in law or equity, the Participating Company may cease to provide any further Severance Benefits under this Agreement, and upon the Participating Company’s written demand, the Executive shall repay to the Participating Company the Severance Benefits and any other amount previously received under this Agreement. Any amount to be repaid pursuant to this Section 7.4 shall be (A) determined by the Participating Company in its sole and absolute discretion, (B) held by the Executive in constructive trust for the benefit of the Participating Company and (C) paid by the Executive to the Participating Company within ten (10) days of the Executive’s receipt of written notice from the Participating Company. The Participating Company shall have the right to offset such amount against any amounts otherwise owed to the Executive by the Participating Company.

Return of Severance Benefits. With respect to Change in Control Severance Benefits or General Severance Benefits provided pursuant to Sections 4.1, 4.1 or 4.2, 5.1 or 5.2, if at any time the Executive breaches any provision of (i) the General Release or (ii) the Non-Competition Agreement (or, with respect to an Executive who has previously executed a Non-Competition Agreement, the written affirmation of the Executive’s obligations thereunder), each as executed by the Executive in accordance with Section 3.4 of this Agreement, then in addition to all other rights and remedies available to it in law or equity, the Participating Company may cease to provide any further Severance Benefits under this Agreement, and upon the Participating Company’s written demand, the Executive shall repay to the Participating Company the Severance Benefits and any other amount previously received under this Agreement. Any amount to be repaid pursuant to this Section 7.4 6.4 shall be (A) determined by the Participating Company in its sole and absolute discretion, (B) held by the Executive in constructive trust for the benefit of the Participating Company and (C) paid by the Executive to the Participating Company within ten (10) days of the Executive’s receipt of written notice from the Participating Company. The Participating Company shall have the right to offset such amount against any amounts otherwise owed to the Executive by the Participating Company.