Sole Remedy; Release. The applicable payments provided in this Section 6 shall be the sole remedy for any claim the Executive may have arising out of termination of the Executive’s employment by the Company or the termination of this Agreement. Notwithstanding any provision of this Agreement to the contrary, the Company shall not be obligated to make any payment under Section 6(e)(ii) unless the Executive timely executes and delivers to the Company The Separation Agreement and Release, a copy of which is attached hereto, marked as Exhibit “A”, and incorporated herein by reference for all purposes.
Appears in 2 contracts
Samples: Employment Agreement (Triad Financial Corp), Employment Agreement (Triad Financial Corp)
Sole Remedy; Release. The applicable payments provided in this Section 6 8 shall be the sole remedy for any claim the Executive may have arising out of termination of the Executive’s 's employment by the Company or the termination of this Agreement. Notwithstanding any provision of this Agreement to the contrary, the Company shall not be obligated to make any payment under Section 6(e)(ii8(e)(ii) unless the Executive timely executes and delivers to the Company The Separation Agreement a general release of claims and Releasecovenant not to xxx the Company and/or its stockholders, a copy of which is in form and substance reasonably satisfactory to the Company (form attached hereto, marked as Exhibit “A”, and incorporated herein by reference for all purposes).
Appears in 1 contract
Sole Remedy; Release. The applicable payments provided in this Section 6 shall be the sole remedy for any claim the Executive may have arising out of termination of the Executive’s 's employment by the Company or the termination of this Agreement. Notwithstanding any provision of this Agreement to the contrary, the Company shall not be obligated to make any payment under Section 6(e)(ii) unless the Executive timely executes and delivers to the Company The Separation Agreement and Release, a copy of which is attached hereto, marked as Exhibit “"A”", and incorporated herein by reference for all purposes.
Appears in 1 contract