Severance Release. Executive acknowledges and agrees that as a condition to receiving any of the severance compensation (including the Supplemental Severance Payments) pursuant to Section 8.3 or 8.6 of this Agreement (such severance compensation being collectively referred to as the "Severance Compensation"), Executive shall execute and deliver to the Companies a Release Agreement in form and substance reasonably satisfactory to the Companies pursuant to which Executive releases and waives any and all claims against the Companies and their affiliates arising out of this Agreement, Executive’s employment with the Companies, Executive’s work for the Companies or their affiliates and/or the termination of Executive’s employment with the Companies; provided, however, that such Release Agreement shall not affect or relinquish (a) any vested rights Executive may have under any insurance or other employee benefit plans sponsored by any of the Companies, (b) any claims for salary or other compensation earned by Executive prior to the employment termination date; (c) any claims for reimbursement of business expenses incurred prior to the employment termination date, (d) any rights to Severance Compensation; or (e) Executive's rights to indemnification pursuant to Section 12 of this Agreement or by law. In the event Executive dies during the period he is receiving any Severance Compensation, the Companies' obligation to pay such Severance Compensation shall not terminate, and the unpaid portion of such Severance Compensation shall be paid in a lump sum to Executive's estate as soon as administratively feasible.
Appears in 2 contracts
Samples: Employment Agreement (Ata Holdings Corp), Employment Agreement (Ata Holdings Corp)
Severance Release. Executive acknowledges and agrees that as a condition to receiving any of the severance compensation (including the Supplemental Severance Payments) pursuant to Section 8.3 or 8.6 6.3 of this Agreement (such severance compensation being collectively referred to as the "“Severance Compensation"”), Executive shall execute and deliver to the Companies Company a Release Agreement in form and substance reasonably satisfactory to the Companies Company pursuant to all of which subsidiaries and Executive releases and waives any and all claims against the Companies Company and all of their subsidiaries and Affiliates and its and their affiliates shareholders, directors, officers and employees arising out of this Agreement, Executive’s employment with the CompaniesCompany, Executive’s work for the Companies Company or their affiliates any of its Affiliates and/or the termination of Executive’s employment with the CompaniesCompany; provided, however, that such Release Agreement shall not affect or relinquish relinquish:
(a) any vested rights Executive may have under any insurance or other employee benefit benefits plans sponsored by any of the Companies, Company;
(b) any claims for salary or other compensation earned by Executive prior to the employment termination date; ;
(c) any claims for reimbursement of business expenses incurred prior to the employment termination date, ;
(d) any rights to Severance Compensation; or or
(e) Executive's ’s rights to indemnification pursuant to Section 12 11 of this Agreement or by law. In the event Executive dies during the period he Executive is receiving any cash Severance Compensation, the Companies' Company’s obligation to pay such Severance Compensation shall not terminate, and the unpaid portion of such Severance Compensation shall be paid in a lump sum to Executive's ’s estate as soon as administratively feasiblewithin thirty (30) days following the death of the Executive.
Appears in 1 contract
Samples: Employment Agreement (Global Aviation Holdings Inc.)
Severance Release. Executive acknowledges and agrees that as a a, condition to receiving any of the severance compensation (including the Supplemental Severance Payments) pursuant to Section 8.3 or 8.6 6.3 of this Agreement (such severance compensation being collectively referred to as the "“Severance Compensation"”), Executive shall execute and deliver to the Companies Company a Release Agreement in form and substance reasonably satisfactory to the Companies Company pursuant to all of which subsidiaries and Executive releases and waives any and all claims against the Companies Company and all of their subsidiaries and Affiliates and its and their affiliates shareholders, directors, officers and employees arising out of this Agreement, Executive’s employment with the CompaniesCompany, Executive’s work for the Companies Company or their affiliates any of its Affiliates and/or the termination of Executive’s employment with the Companies; Company;’ provided, however, that such Release Agreement shall not affect or relinquish relinquish:
(a) any vested rights Executive may have under any insurance or other other, employee benefit benefits plans sponsored by any of the Companies, Company;
(b) any claims for salary or other compensation earned by Executive prior to the employment termination date; ;
(c) any claims for reimbursement of business expenses incurred prior to the employment termination date, ;
(d) any rights to Severance Compensation; or or
(e) Executive's ’s rights to indemnification pursuant to Section 12 11 of this Agreement or by law. In the event Executive dies during the period he Executive is receiving any cash Severance Compensation, the Companies' Company’s obligation to pay such Severance Compensation shall not terminate, and the unpaid portion of such Severance Compensation shall be paid in a lump sum to Executive's ’s estate as soon as administratively feasiblewithin thirty (30) days following the death of the Executive.
Appears in 1 contract
Samples: Employment Agreement (Global Aviation Holdings Inc.)
Severance Release. Executive acknowledges and agrees that as a condition to receiving any of the severance compensation (including the Supplemental Severance Payments) pursuant to Section 8.3 or 8.6 6.3 of this Agreement (such severance compensation being collectively referred to as the "“Severance Compensation"”), Executive shall execute and deliver to the Companies Company a Release Agreement in form and substance reasonably satisfactory to the Companies Company pursuant to all of which subsidiaries and Executive releases and waives any and all claims against the Companies Company and all of their subsidiaries and Affiliates and its and their affiliates shareholders, directors, officers and employees arising out of this Agreement, Executive’s employment with the CompaniesCompany, Executive’s work for the Companies Company or their affiliates any of its Affiliates and/or the termination of Executive’s employment with the CompaniesCompany; provided, however, that such Release Agreement shall not affect or relinquish relinquish:
(a) any vested rights Executive may have under any insurance or other employee benefit benefits plans sponsored by any of the Companies, Company;
(b) any claims for salary or other compensation earned by Executive prior to the employment termination date; ;
(c) any claims for reimbursement of business expenses incurred prior to the employment termination date, ;
(d) any rights to Severance Compensation; or or
(e) Executive's ’s rights to indemnification pursuant to Section 12 II of this Agreement or by law. In the event Executive dies during the period he Executive is receiving any cash Severance Compensation, the Companies' Company’s obligation to pay such Severance Compensation shall not terminate, and the unpaid portion of such Severance Compensation shall be paid in a lump sum to Executive's ’s estate as soon as administratively feasiblewithin thirty (30) days following the death of the Executive.
Appears in 1 contract
Samples: Employment Agreement (Global Aviation Holdings Inc.)