Common use of Subsequent Information Clause in Contracts

Subsequent Information. The terms of Section 5.04 will apply if, after the Executive terminates under any other provision of Section 5.00, the Company learns of an event that, had it been known before the Executive terminated employment, would have justified a termination for Cause. In this case, the Company will be entitled to recover (and the Executive agrees to repay) any amounts (other than legally protected benefits) that the Executive received under any other provision of Section 5.00 reduced by the amount the Executive is entitled to receive under Section 5.04.

Subsequent Information. The terms of Section 5.04 also will apply if, within 6 consecutive calendar months beginning after the Executive terminates under any other provision of Section 5.00, the Company learns of an event that, had it been known before the Executive terminated employment, would have justified a termination for Cause. In this case, the Company will be entitled to recover (and the Executive agrees to repay) any amounts (other than legally protected benefits) that the Executive or any beneficiary received under any other provision of Section 5.00 5.00, reduced by the amount the Executive is entitled to receive under this Section 5.045.04 and any other legally protected benefits paid or made available under this Agreement that originally was applied when the Executive terminated.

Subsequent Information. The terms of Section 5.04 also will apply if, within six (6) consecutive calendar months beginning after the Executive terminates under any other provision of Section 5.00, the Company learns of an event that, had it been known before the Executive terminated employment, would have justified a termination for Cause. In this case, the Company will be entitled to recover (and the Executive agrees to repay) any amounts (other than legally protected benefits) that the Executive or any beneficiary received under any other provision of Section 5.00 5.00, reduced by the amount the Executive is entitled to receive under this Section 5.045.04 and any other legally protected benefits paid or made available under this Agreement that originally was applied when the Executive terminated.

Subsequent Information. The terms of Section 5.04 will apply if, within one year after the Executive terminates under any other provision of Section 5.00, the Company learns and notifies Executive of an event that, had it been known before the Executive terminated employment, would have justified a termination for Cause. In this case, the Company will be entitled to recover (and the Executive agrees to repay) any amounts (other than legally protected benefits) that the Executive received under any other provision of Section 5.00 reduced by the amount the Executive is entitled to receive under Section 5.04.

Subsequent Information. The terms of Section 5.04 also will apply if, within six (6) consecutive calendar months beginning after the Executive terminates under any other provision of Section 5.00, the Company learns of an event that, had it been known before the Executive terminated employment, would have justified a termination for Cause. In this case, the Company will be entitled to recover (and the Executive agrees to repay) any amounts (other than legally protected benefits) that the Executive or any beneficiary received under any other provision of Section 5.00 5.00, reduced by the amount the Executive is entitled to receive under this Section 5.045.04 and any other legally protected benefits paid or made available under this Agreement, that originally was applied when the Executive terminated.

Subsequent Information. The terms of Section 5.04 will apply if, within 24 months after the Executive terminates under any other provision of Section 5.00, the Company learns of an event that, had it been known before the Executive terminated employment, would have justified a termination for Cause. In this case, the Company will be entitled to recover (and the Executive agrees to repay) any amounts (other than legally protected benefits) that the Executive received under any other provision of Section 5.00 reduced by the amount the Executive is entitled to receive under Section 5.04.

Subsequent Information. The terms of Section 5.04 will apply if, within one year after the Executive terminates under any other provision of Section 5.00, the Company learns and notifies Executive of an event that, had it been known before the Executive terminated employment, would have justified a termination for CauseCause . In this case, the Company will be entitled to recover (and the Executive agrees to repay) any amounts (other than legally protected benefits) that the Executive received under any other provision of Section 5.00 reduced by the amount the Executive is entitled to receive under Section 5.04.

Subsequent Information. The terms of Section 5.04 will apply if, after the Executive terminates under any other provision of Section 5.00, the Company learns of an event that, had it been known before the Executive terminated employment, would have justified a termination for Cause. In this case, the Company will be entitled to recover (and the Executive agrees to repay) any amounts (other than legally protected benefits) that the Executive received under any other provision of Section 5.00 reduced by the amount the Executive is entitled to receive under Section 5.04.. 9 Initials RS Date 11-08-04