Common use of Separation Agreement and Release of Claims Clause in Contracts

Separation Agreement and Release of Claims. The Executive’s receipt of any severance payments or benefits upon the Executive’s Qualified Termination under Section 3 is subject to the Executive signing and not revoking the Company’s then-standard separation agreement and release of claims (which may include an agreement not to disparage any member of the Company, non-solicit provisions, and other standard terms and conditions) (the “Release” and such requirement, the “Release Requirement”), which must become effective and irrevocable no later than the date specified by the Company in the Release (the “Release Deadline”); provided that the Release Deadline will be no later than 60 days following the Executive’s Qualified Termination. If the Release does not become effective and irrevocable by the Release Deadline, the Executive will forfeit any right to severance payments or benefits under Section 3. In no event will severance payments or benefits under Section 3 be paid or provided until the Release actually becomes effective and irrevocable. None of the severance payments and benefits payable upon such Executive’s Qualified Termination under Section 3 will be paid or otherwise provided prior to the 60th day following the Executive’s Qualified Termination. Except to the extent that payments are delayed under Section 5(b), on the first regular payroll pay day following the 60th day following the Executive’s Qualified Termination, the Company will pay or provide the Executive the severance payments and benefits that the Executive would otherwise have received under Section 3 on or prior to such date, with the balance of such severance payments and benefits being paid or provided as originally scheduled.

Appears in 11 contracts

Samples: Change in Control and Severance Agreement (Anaplan, Inc.), Change in Control and Severance Agreement, Change in Control and Severance Agreement

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Separation Agreement and Release of Claims. The Executive’s receipt of any severance payments or benefits upon the Executive’s Qualified Termination under Section 3 7 is subject to the Executive signing and not revoking the Company’s then-standard separation agreement and release of claims (which may include restrictive covenants, including, but not limited to, an agreement not to disparage any member of the CompanyCompany Group, non-solicit provisions, an agreement to assist in any litigation matters, and other standard terms and conditions) (the “Release” and such that requirement, the “Release Requirement”), which must become effective and irrevocable no later than the date specified by the Company in the Release 60th day following Executive’s Qualified Termination (the “Release Deadline”); provided that the Release Deadline will be no later than 60 days following the Executive’s Qualified Termination. If the Release does not become effective and irrevocable by the Release Deadline, the Executive will forfeit any right to severance payments or benefits under Section 37. In no event will severance payments or benefits under Section 3 7 be paid or provided until the Release actually becomes effective and irrevocable. None of the severance payments and benefits payable upon such Executive’s Qualified Termination under Section 3 will be paid or otherwise provided prior to the 60th day following the Executive’s Qualified Termination. Except to To the extent that payments are delayed under Section 5(b9(c), on the first regular payroll pay day following the 60th day following the Executive’s Qualified Termination, the Company will pay or provide the Executive the severance payments and benefits that the Executive would otherwise have received under Section 3 7 on or prior to such that date, with the balance of such the severance payments and benefits being paid or provided as originally scheduled.

Appears in 4 contracts

Samples: Executive Employment Agreement (Nlight, Inc.), Executive Employment Agreement (Nlight, Inc.), Executive Employment Agreement (Nlight, Inc.)

Separation Agreement and Release of Claims. The Executive’s receipt of any severance payments or benefits upon the Executive’s Qualified Termination under Section 3 3(a) or (b) is subject to the Executive signing and not revoking the Company’s then-standard separation agreement and release of claims (which may include an agreement not to disparage any member of the CompanyCompany Group, non-solicit provisions, and other standard terms and conditions) (the “Release” and such requirement, the “Release Requirement”), which must become effective and irrevocable no later than the date specified by 60th day following the Company in the Release Executive’s termination of employment (the “Release Deadline”); provided that the Release Deadline will be no later than 60 days following the Executive’s Qualified Termination. If the Release does not become effective and irrevocable by the Release Deadline, the Executive will forfeit any right to severance payments or benefits under Section 3. In no event will severance payments or benefits under Section 3 be paid or provided until the Release actually becomes effective and irrevocable. None of the severance payments and benefits payable upon such Executive’s Qualified Termination under Section 3 will be paid or otherwise provided prior to the 60th 55th day following the Executive’s Qualified Termination. Except to the extent that payments are delayed under Section 5(b), on the first regular payroll pay day following the 60th 55th day following the Executive’s Qualified Termination, the Company will pay or provide the Executive the severance payments and benefits that the Executive would otherwise have received under Section 3 on or prior to such date, with the balance of such severance payments and benefits being paid or provided as originally scheduled.

Appears in 3 contracts

Samples: Change of Control and Severance Agreement (Talend S.A.), Change of Control and Severance Agreement (Talend S.A.), Change of Control and Severance Agreement (Talend SA)

Separation Agreement and Release of Claims. The Executive’s receipt of any severance payments or benefits upon the Executive’s Qualified Termination under Section 3 is subject to the Executive signing and not revoking the Company’s then-standard separation agreement and release of claims (which may include an agreement not to disparage any member of the CompanyCompany Group, a confidentiality clause, non-solicit provisions, an agreement to assist in any litigation matters, and other standard terms and conditions) (the “Release” and such that requirement, the “Release Requirement”), which must become effective and irrevocable no later than the date specified by 60th day following the Company in the Release Executive’s Qualified Termination (the “Release Deadline”); provided that the Release Deadline will be no later than 60 days following the Executive’s Qualified Termination. If the Release does not become effective and irrevocable by the Release Deadline, the Executive will forfeit any right to severance payments or benefits under Section 3. In no event will severance payments or benefits under Section 3 be paid earned or provided until the Release actually becomes effective and irrevocable. None If earned, none of the severance payments and benefits payable upon such the Executive’s Qualified Termination under Section 3 will be paid or otherwise provided prior to the 60th day following the Executive’s Qualified Termination. Except with respect to (1) the extent that payments are delayed under Section 5(b5(c), or (2) the timing of settlement of equity awards under [Section 3(a)(iii) or] Section 3(b)(iv), on the first regular payroll pay day following the 60th day following the Executive’s Qualified Termination, the Company will pay or provide the Executive the severance payments and benefits that the Executive would otherwise have received under Section 3 on or prior to such that date, with the balance of such the severance payments and benefits being paid or provided as originally scheduled.

Appears in 2 contracts

Samples: Change in Control and Severance Agreement, Change in Control and Severance Agreement (Dropbox, Inc.)

Separation Agreement and Release of Claims. The Executive’s receipt of any severance payments or benefits upon the Executive’s Qualified Termination qualified termination under Section 3 is subject to the Executive signing and not revoking the CompanyCompany Group’s then-standard separation agreement and release of claims (which may include an agreement not to disparage any member of the CompanyCompany Group, a confidentiality clause, non-solicit provisions, an agreement to assist in any litigation matters, and other standard terms and conditions) (the “Release” and such that requirement, the “Release Requirement”), which must become effective and irrevocable no later than the date specified by 60th day following the Company in the Release Executive’s qualified termination (the “Release Deadline”); provided that the Release Deadline will be no later than 60 days following the Executive’s Qualified Termination. If the Release does not become effective and irrevocable by the Release DeadlineDeadline due to the actions of the Executive (including refusal to sign the Release), the Executive will forfeit any right to severance payments or benefits under Section 3. In no event will severance payments or benefits under Section 3 be paid earned or provided until the Release actually becomes effective and irrevocable. None If earned, none of the severance payments and benefits payable upon such the Executive’s Qualified Termination qualified termination under Section 3 will be paid or otherwise provided prior to the 60th day following the Executive’s Qualified Terminationqualified termination. Except with respect to (1) the extent that payments are delayed under Section 5(b5(c), or (2) the timing of settlement of equity awards under Section 3(b)(iv), on the first regular payroll pay day following the 60th day following the Executive’s Qualified Terminationqualified termination, the Company or the Employer will pay or provide the Executive the severance payments and benefits that the Executive would otherwise have received under Section 3 on or prior to such that date, with the balance of such the severance payments and benefits being paid or provided as originally scheduled.

Appears in 2 contracts

Samples: Change in Control and Severance Agreement (QuantumScape Corp), Change in Control and Severance Agreement (QuantumScape Corp)

Separation Agreement and Release of Claims. The Executive’s receipt of any severance payments or benefits upon the Executive’s Qualified Termination under Section 3 4 is subject to the Executive signing and not revoking the Company’s then-standard separation agreement and release of claims (which may include an agreement not to disparage any member of the CompanyCompany Group, non-solicit provisions, and other standard terms and conditions) (the “Release” and such requirement, the “Release Requirement”), which must become effective and irrevocable no later than the date specified by 60th day following the Company in the Release Executive’s Qualified Termination (the “Release Deadline”); provided that the Release Deadline will be no later than 60 days following the Executive’s Qualified Termination. If the Release does not become effective and irrevocable by the Release Deadline, the Executive will forfeit any right to severance payments or benefits under Section 34. In no event will severance payments or benefits under Section 3 4 be paid or provided until the Release actually becomes effective and irrevocable. None of the severance payments and benefits payable upon such Executive’s Qualified Termination under Section 3 4 will be paid or otherwise provided prior to the 60th day following the Executive’s Qualified Termination. Except to the extent that payments are delayed under Section 5(b6(b), on the first regular payroll pay day following the 60th day following the Executive’s Qualified Termination, the Company will pay or provide the Executive the severance payments and benefits that the Executive would otherwise have received under Section 3 4 on or prior to such date, with the balance of such severance payments and benefits being paid or provided as originally scheduled.

Appears in 1 contract

Samples: Change of Control and Severance Agreement (Square, Inc.)

Separation Agreement and Release of Claims. The Executive’s receipt of any severance payments or benefits upon the Executive’s Qualified Termination under Section 3 is subject to the Executive signing and not revoking the Company’s then-standard separation agreement and release of claims (which may include an agreement not to disparage any member of the Company, non-solicit provisions, and other standard terms and conditions) (the “Release” and such requirement, the “Release Requirement”), which must become effective and irrevocable no later than the date specified by 60th day following the Company in the Release Executive’s termination (the “Release Deadline”); provided that the Release Deadline will be no later than 60 days following the Executive’s Qualified Termination. If the Release does not become effective and irrevocable by the Release Deadline, the Executive will forfeit any right to severance payments or benefits under Section 3. In no event will severance Severance payments or benefits under Section 3 will not be paid or provided until the Release actually becomes effective and irrevocable. None of the severance payments and benefits payable upon such Executive’s Qualified Termination termination under Section 3 will be paid or otherwise provided prior to the 60th sixtieth (60th) day following the Executive’s Qualified Terminationtermination. Except to the extent that payments are delayed under Section 5(b), on the first regular payroll pay day following the 60th day following the Executive’s Qualified Terminationtermination, the Company will pay or provide the Executive the severance payments and benefits that the Executive would otherwise have received under Section 3 on or prior to such date, with the balance of such severance payments and benefits being paid or provided as originally scheduled.

Appears in 1 contract

Samples: Change of Control and Severance Agreement (BioCardia, Inc.)

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Separation Agreement and Release of Claims. The Executive’s receipt of any severance payments or benefits upon the Executive’s Qualified Termination under Section 3 is subject to the Executive signing and not revoking the Company’s then-standard separation agreement and release of claims (which may include an agreement not to disparage any member of the CompanyCompany Group, a confidentiality clause, non-solicit provisions, an agreement to assist in any litigation matters, and other standard terms and conditions) (the “Release” and such that requirement, the “Release Requirement”), which must become effective and irrevocable no later than the date specified by 60th day following the Company in the Release Executive’s Qualified Termination (the “Release Deadline”); provided that the Release Deadline will be no later than 60 days following the Executive’s Qualified Termination. If the Release does not become effective and irrevocable by the Release Deadline, the Executive will forfeit any right to severance payments or benefits under Section 3‎3. In no event will severance payments or benefits under Section 3 ‎3 be paid earned or provided until the Release actually becomes effective and irrevocable. None If earned, none of the severance payments and benefits payable upon such the Executive’s Qualified Termination under Section 3 ‎3 will be paid or otherwise provided prior to the 60th day following the Executive’s Qualified Termination. Except with respect to (1) the extent that payments are delayed under Section 5(b5(c), or (2) the timing of settlement of equity awards under Section 3(a)(iii) or Section 3(b)(iv), on the first regular payroll pay day following the 60th day following the Executive’s Qualified Termination, the Company will pay or provide the Executive the severance payments and benefits that the Executive would otherwise have received under Section 3 ‎3 on or prior to such that date, with the balance of such the severance payments and benefits being paid or provided as originally scheduled.

Appears in 1 contract

Samples: Change in Control and Severance Agreement (Dropbox, Inc.)

Separation Agreement and Release of Claims. The Executive’s receipt of any severance payments or benefits upon the Executive’s Qualified Termination under Section 3 4 is subject to the Executive signing and not revoking the Company’s then-standard a separation agreement and general release of claims to be provided by the Company Group (which may include an agreement not to disparage any member of the CompanyCompany Group, non-solicit provisions, and other standard terms and conditions) (the “Release” and such requirement, the “Release Requirement”), which must become effective and irrevocable no later than the date specified by 60th day following the Company in the Release Executive’s Qualified Termination (the “Release Deadline”); provided that the Release Deadline will be no later than 60 days following the Executive’s Qualified Termination. If the Release does not become effective and irrevocable by the Release Deadline, the Executive will forfeit any right to severance payments or benefits under Section 34. In no event will severance payments or benefits under Section 3 4 be paid or provided until the Release actually becomes effective and irrevocable. None of the severance payments and benefits payable upon such Executive’s Qualified Termination under Section 3 4 will be paid or otherwise provided prior to the 60th day following the Executive’s Qualified Termination. Except to the extent that payments are delayed under Section 5(b6(b), on the first regular payroll pay day following the 60th day following the Executive’s Qualified Termination, the Company will pay or provide the Executive the severance payments and benefits that the Executive would otherwise have received under Section 3 4 on or prior to such date, with the balance of such severance payments and benefits being paid or provided as originally scheduled.

Appears in 1 contract

Samples: Change of Control and Severance Agreement (Block, Inc.)

Separation Agreement and Release of Claims. The Executive’s receipt of any severance payments or benefits upon the Executive’s Qualified Termination under Section 3 4 is subject to the Executive signing and not revoking the Company’s then-standard a separation agreement and release of claims to be provided by the Company Group (which may include an agreement not to disparage any member of the CompanyCompany Group, non-solicit provisions, and other standard terms and conditions) (the “Release” and such requirement, the “Release Requirement”), which must become effective and irrevocable no later than the date specified by 60th day following the Company in the Release Executive’s Qualified Termination (the “Release Deadline”); provided that the Release Deadline will be no later than 60 days following the Executive’s Qualified Termination. If the Release does not become effective and irrevocable by the Release Deadline, the Executive will forfeit any right to severance payments or benefits under Section 34. In no event will severance payments or benefits under Section 3 4 be paid or provided until the Release actually becomes effective and irrevocable. None of the severance payments and benefits payable upon such Executive’s Qualified Termination under Section 3 4 will be paid or otherwise provided prior to the 60th day following the Executive’s Qualified Termination. Except to the extent that payments are delayed under Section 5(b6(b), on the first regular payroll pay day following the 60th day following the Executive’s Qualified Termination, the Company will pay or provide the Executive the severance payments and benefits that the Executive would otherwise have received under Section 3 4 on or prior to such date, with the balance of such severance payments and benefits being paid or provided as originally scheduled.

Appears in 1 contract

Samples: Change of Control and Severance Agreement (Square, Inc.)

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