Common use of Salary Continuation and Other Benefits Clause in Contracts

Salary Continuation and Other Benefits. (a) In General If, while this Agreement is in effect, (i) Executive’s employment is involuntarily terminated by Employer without Cause or Executive terminates [his/her] employment for Good Reason and Executive satisfies [his/her] obligations set forth in Section 4 of this Agreement including, but not limited to, the execution and delivery of the Waiver and Release described in Section 4(e), [he/she] shall be entitled to the payments and benefits described in this Section 3. Notwithstanding the foregoing, if Employer determines that Executive has breached any provision of this Agreement, Executive shall repay the Salary Continuation Payment and forfeit any future benefits provided under this Agreement, excluding the lesser of (i) twenty percent of [his/her] total Salary Continuation Payment or (ii) $5,000. The retained amount shall be deemed to be continuing consideration for signing and not revoking the applicable Waiver and Release. Termination of Executive’s employment by reason of death or disability shall not constitute involuntary termination by Employer under this Agreement and, in such event, no payments or benefits shall be provided under this Agreement.

Appears in 6 contracts

Samples: Severance Agreement, Severance Agreement (Nobel Learning Communities Inc), Severance Agreement (Nobel Learning Communities Inc)

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Salary Continuation and Other Benefits. (a) In General If, while this Agreement is in effect, (i) Executive’s employment is involuntarily terminated by Employer without Cause or Executive terminates [his/her] her employment for Good Reason and Executive satisfies [his/her] her obligations set forth in Section 4 of this Agreement including, but not limited to, the execution and delivery of the Waiver and Release described in Section 4(e), [he/she] she shall be entitled to the payments and benefits described in this Section 3. Notwithstanding the foregoing, if Employer determines that Executive has breached any provision of this Agreement, Executive shall repay the Salary Continuation Payment and forfeit any future benefits provided under this Agreement, excluding the lesser of (i) twenty percent of [his/her] her total Salary Continuation Payment or (ii) $5,000. The retained amount shall be deemed to be continuing consideration for signing and not revoking the applicable Waiver and Release. Termination of Executive’s employment by reason of death or disability shall not constitute involuntary termination by Employer under this Agreement and, in such event, no payments or benefits shall be provided under this Agreement.

Appears in 1 contract

Samples: Severance Agreement (Nobel Learning Communities Inc)

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Salary Continuation and Other Benefits. (a) In General If, while this Agreement is in effect, (i) Executive’s employment is involuntarily terminated by Employer without Cause or Executive terminates [his/her] his employment for Good Reason and Executive satisfies [his/her] his obligations set forth in Section 4 of this Agreement including, but not limited to, the execution and delivery of the Waiver and Release described in Section 4(e), [he/she] he shall be entitled to the payments and benefits described in this Section 3. Notwithstanding the foregoing, if Employer determines that Executive has breached any provision of this Agreement, Executive shall repay the Salary Continuation Payment and forfeit any future benefits provided under this Agreement, excluding the lesser of (i) twenty percent of [his/her] his total Salary Continuation Payment or (ii) $5,000. The retained amount shall be deemed to be continuing consideration for signing and not revoking the applicable Waiver and Release. Termination of Executive’s employment by reason of death or disability shall not constitute involuntary termination by Employer under this Agreement and, in such event, no payments or benefits shall be provided under this Agreement.

Appears in 1 contract

Samples: Severance Agreement (Nobel Learning Communities Inc)

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