Common use of SOURCE OF PAYMENTS; NO DUPLICATION OF PAYMENTS Clause in Contracts

SOURCE OF PAYMENTS; NO DUPLICATION OF PAYMENTS. (a) All the payments provided in this Agreement shall be timely paid in cash or check from the general funds of the Company. (b) Notwithstanding any provision herein to the contrary, to the extent that payments and benefits, as provided by this Agreement, are paid to or received by Executive under the Employment Agreement dated as of December __, 2008 governing the terms and conditions of Executive's employment by the Bank (the "Bank Agreement"), such compensation payments and benefits paid by the Bank will be subtracted from any amount due Executive under this Agreement. Payments pursuant to this Agreement and the Bank Agreement shall be allocated in proportion to the level of activity and the time expended on such activities by Executive as determined by the Company and the Bank on a quarterly basis.

Appears in 4 contracts

Samples: Employment Agreement (ES Bancshares, Inc.), Employment Agreement (ES Bancshares, Inc.), Employment Agreement (ES Bancshares, Inc.)

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SOURCE OF PAYMENTS; NO DUPLICATION OF PAYMENTS. (a) All the payments provided in this Agreement shall be timely paid in cash or check from the general funds of the CompanyBank. (b) Notwithstanding any provision herein to the contrary, to the extent that payments and benefits, as provided by this Agreement, are paid to or received by Executive under the Employment Agreement dated as of December __, 2008 governing the terms and conditions of Executive's employment by the Bank Company (the "Bank Company Agreement"), such compensation payments and benefits paid by the Bank will be subtracted from any amount due Executive under this Agreement. Payments pursuant to this Agreement and the Bank Company Agreement shall be allocated in proportion to the level of activity and the time expended on such activities by Executive as determined by the Company and the Bank on a quarterly basis.

Appears in 4 contracts

Samples: Employment Agreement (ES Bancshares, Inc.), Employment Agreement (ES Bancshares, Inc.), Employment Agreement (ES Bancshares, Inc.)

SOURCE OF PAYMENTS; NO DUPLICATION OF PAYMENTS. (a) All the payments provided in this Agreement shall be timely paid in cash or check from the general funds of the CompanyBank. (b) Notwithstanding any provision herein to the contrary, to the extent that payments and benefits, as provided by this Agreement, are paid to or received by Executive under the Employment Agreement dated as of December January __, 2008 2010 governing the terms and conditions of Executive's employment by the Bank Company (the "Bank Company Agreement"), such compensation payments and benefits paid by the Bank will be subtracted from any amount due Executive under this Agreement. Payments pursuant to this Agreement and the Bank Company Agreement shall be allocated in proportion to the level of activity and the time expended on such activities by Executive as determined by the Company and the Bank on a quarterly basis.

Appears in 1 contract

Samples: Employment Agreement (ES Bancshares, Inc.)

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SOURCE OF PAYMENTS; NO DUPLICATION OF PAYMENTS. (a) All the payments provided in this Agreement shall be timely paid in cash or check from the general funds of the Company. (b) Notwithstanding any provision herein to the contrary, to the extent that payments and benefits, as provided by this Agreement, are paid to or received by Executive under the Employment Agreement dated as of December January __, 2008 2010 governing the terms and conditions of Executive's employment by the Bank (the "Bank Agreement"), such compensation payments and benefits paid by the Bank will be subtracted from any amount due Executive under this Agreement. Payments pursuant to this Agreement and the Bank Agreement shall be allocated in proportion to the level of activity and the time expended on such activities by Executive as determined by the Company and the Bank on a quarterly basis.

Appears in 1 contract

Samples: Employment Agreement (ES Bancshares, Inc.)

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