Common use of Survival of Commitments; Potential Recapture of Award and Proceeds Clause in Contracts

Survival of Commitments; Potential Recapture of Award and Proceeds. The Participant acknowledges and agrees that the terms and conditions of this Section regarding confidentiality and non-solicitation shall survive both (i) the termination of Participant’s employment with the Company for any reason, and (ii) the termination of the Plan, for any reason. The Participant acknowledges and agrees that the grant of Options in this Award Agreement is just and adequate consideration for the survival of the restrictions set forth herein, and that the Company may pursue any or all of the following remedies if the Participant either violates the terms of this Section or succeeds for any reason in invalidating any part of it (it being understood that the invalidity of any term hereof would result in a failure of consideration for the Award):

Appears in 8 contracts

Samples: 2005 Stock Incentive Plan (Vapotherm Inc), Award Agreement (Versar Inc), Sar Award Agreement (Versar Inc)

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Survival of Commitments; Potential Recapture of Award and Proceeds. The Participant acknowledges and agrees that the terms and conditions of this Section regarding confidentiality and non-solicitation shall survive both (i) the termination of Participant’s employment with the Company Group for any reason, and (ii) the termination of the Plan, for any reason. The Participant acknowledges and agrees that the grant of Options Restricted Shares in this Award Agreement is just and adequate consideration for the survival of the restrictions set forth herein, and that the Company Group may pursue any or all of the following remedies if the Participant either violates the terms of this Section or succeeds for any reason in invalidating any part of it (it being understood that the invalidity of any term hereof of this Section would result in a failure of consideration for the Award):

Appears in 6 contracts

Samples: Employment Agreement (Commerce Energy Group, Inc.), Restricted Share Award Agreement (Commerce Energy Group, Inc.), Restricted Share Award Agreement (Commerce Energy Group, Inc.)

Survival of Commitments; Potential Recapture of Award and Proceeds. The Participant acknowledges and agrees that the terms and conditions of this Section regarding confidentiality and non-solicitation shall survive both (i) the termination of Participant’s employment with the Company Group for any reason, and (ii) the termination of the Plan, for any reason. The Participant acknowledges and agrees that the grant of Options in this Award Agreement is just and adequate consideration for the survival of the restrictions set forth herein, and that the Company Group may pursue any or all of the following remedies if the Participant either violates the terms of this Section or succeeds for any reason in invalidating any part of it (it being understood that the invalidity of any term hereof of this Section would result in a failure of consideration for the Award):

Appears in 6 contracts

Samples: Employment Agreement (Commerce Energy Group, Inc.), Stock Option Award Agreement (Commerce Energy Group, Inc.), Indemnification Agreement (Commerce Energy Group, Inc.)

Survival of Commitments; Potential Recapture of Award and Proceeds. The Participant acknowledges and agrees that the terms and conditions of this Section 6 regarding confidentiality and non-solicitation shall survive both (i) the termination of Participant’s employment with the Company for any reason, and (ii) the termination of the Plan, for any reason. The Participant acknowledges and agrees that the grant of Options Restricted Shares in this Award Agreement is just and adequate consideration for the survival of the restrictions set forth herein, and that the Company may pursue any or all of the following remedies if the Participant either violates the terms of this Section or succeeds for any reason in invalidating any part of it (it being understood that the invalidity of any term hereof would result in a failure of consideration for the Award):

Appears in 4 contracts

Samples: Restricted Shares Award Agreement (Glacier Bancorp Inc), Restricted Share Award Agreement (Versar Inc), Award Agreement (Iberiabank Corp)

Survival of Commitments; Potential Recapture of Award and Proceeds. The Participant acknowledges You acknowledge and agrees agree that the terms and conditions of this Section regarding confidentiality and non-solicitation shall survive both (i) the termination of Participant’s your employment with the Company for any reason, and (ii) the termination of the Plan, for any reason. The Participant acknowledges You acknowledge and agrees agree that the grant of Options Restricted Shares in this Award Agreement is just and adequate consideration for the survival of the restrictions set forth herein, and that the Company may pursue any or all of the following remedies if the Participant you either violates violate the terms of this Section or succeeds succeed for any reason in invalidating any part of it (it being understood that the invalidity of any term hereof would result in a failure of consideration for the Award):

Appears in 3 contracts

Samples: Restricted Share Award Agreement (Capital Trust Inc), Restricted Share Award Agreement (Ddi Corp), Restricted Share Award Agreement (Ddi Corp)

Survival of Commitments; Potential Recapture of Award and Proceeds. The Participant acknowledges and agrees that the terms and conditions of this Section regarding confidentiality and non-solicitation shall survive both (i) the termination of Participant’s 's employment with the Company Group for any reason, and (ii) the termination of the Plan, for any reason. The Participant acknowledges and agrees that the grant of Options in this Award Agreement is just and adequate consideration for the survival of the restrictions set forth herein, and that the Company Group may pursue any or all of the following remedies if the Participant either violates the terms of this Section or succeeds for any reason in invalidating any part of it (it being understood that the invalidity of any term hereof of this Section would result in a failure of consideration for the Award):

Appears in 2 contracts

Samples: Stock Option Award Agreement (Commerce Energy Group, Inc.), Commerce Energy Group, Inc.

Survival of Commitments; Potential Recapture of Award and Proceeds. The Participant acknowledges You acknowledge and agrees agree that the terms and conditions of this Section regarding confidentiality and non-solicitation shall survive both (i) the termination of Participant’s your employment with the Company for any reason, and (ii) the termination of the Plan, for any reason. The Participant acknowledges You acknowledge and agrees agree that the grant of Options Share Appreciation Rights in this Award Agreement is just and adequate consideration for the survival of the restrictions set forth herein, and that the Company may pursue any or all of the following remedies if the Participant you either violates violate the terms of this Section or succeeds succeed for any reason in invalidating any part of it (it being understood that the invalidity of any term hereof would result in a failure of consideration for the Award):

Appears in 2 contracts

Samples: Share Award Agreement (Capital Trust Inc), Sar Award Agreement (Capital Trust Inc)

Survival of Commitments; Potential Recapture of Award and Proceeds. The Participant acknowledges and agrees that the terms and conditions of this Section 5 regarding confidentiality and non-solicitation shall survive both (i) the termination of Participant’s employment with the Company for any reason, and (ii) the termination of the Plan, for any reason. The Participant acknowledges and agrees that the grant of Options in this Award Agreement is just and adequate consideration for the survival of the restrictions set forth herein, and that the Company may pursue any or all of the following remedies if the Participant either violates the terms of this Section or succeeds for any reason in invalidating any part of it (it being understood that the invalidity of any term hereof would result in a failure of consideration for the Award):

Appears in 2 contracts

Samples: Stock Option Award Agreement (Glacier Bancorp Inc), Stock Option Award Agreement (Ddi Corp)

Survival of Commitments; Potential Recapture of Award and Proceeds. The Participant acknowledges and agrees that the terms and conditions of this Section regarding confidentiality and non-solicitation [and non-competition] shall survive both (i) the termination of Participant’s employment with the Company for any reason, and (ii) the termination of the Plan, for any reason. The Participant acknowledges and agrees that the grant of Options in this Award Agreement is just and adequate consideration for the survival of the restrictions set forth herein, and that the Company may pursue any or all of the following remedies if the Participant either violates the terms of this Section or succeeds for any reason in invalidating any part of it (it being understood that the invalidity of any term hereof would result in a failure of consideration for the Award):

Appears in 2 contracts

Samples: Sar Award Agreement (Iberiabank Corp), Sar Award Agreement (Commerce Energy Group Inc)

Survival of Commitments; Potential Recapture of Award and Proceeds. The Participant acknowledges and agrees that the terms and conditions of this Section regarding confidentiality and non-solicitation [and non-competition] shall survive both (i) the termination of Participant’s employment with the Company Group for any reason, and (ii) the termination of the Plan, for any reason. The Participant acknowledges and agrees that the grant of Options in this Award Agreement is just and adequate consideration for the survival of the restrictions set forth herein, and that the Company Group may pursue any or all of the following remedies if the Participant either violates the terms of this Section or succeeds for any reason in invalidating any part of it (it being understood that the invalidity of any term hereof would result in a failure of consideration for the Award):

Appears in 2 contracts

Samples: Stock Option Award Agreement (Commerce Energy Group Inc), Share Unit Award Agreement (Commerce Energy Group Inc)

Survival of Commitments; Potential Recapture of Award and Proceeds. The Participant acknowledges and agrees that the terms and conditions of this Section regarding confidentiality and non-solicitation shall survive both (i) the termination of Participant’s employment with the Company Group for any reason, and (ii) the termination of the Plan, for any reason. The Participant acknowledges and agrees that the grant of Options Restricted Shares in this Award Agreement is just and adequate consideration for the survival of the restrictions set forth herein, and that the Company Group may pursue any or all of the following remedies if the Participant either violates the terms of this Section or succeeds for any reason in invalidating any part of it (it being understood that the invalidity of any term hereof would result in a failure of consideration for the Award):

Appears in 1 contract

Samples: Award Agreement (Commerce Energy Group Inc)

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Survival of Commitments; Potential Recapture of Award and Proceeds. The Participant acknowledges You acknowledge and agrees agree that the terms and conditions of this Section regarding confidentiality and non-solicitation [and non-competition] shall survive both (i) the termination of Participant’s your employment with the Company for any reason, and (ii) the termination of the Plan, for any reason. The Participant acknowledges You acknowledge and agrees agree that the grant of Options Share Appreciation Rights in this Award Agreement is just and adequate consideration for the survival of the restrictions set forth herein, and that the Company may pursue any or all of the following remedies if the Participant you either violates violate the terms of this Section or succeeds succeed for any reason in invalidating any part of it (it being understood that the invalidity of any term hereof would result in a failure of consideration for the Award):

Appears in 1 contract

Samples: Stock Incentive Plan (Sciele Pharma, Inc.)

Survival of Commitments; Potential Recapture of Award and Proceeds. The Participant acknowledges You acknowledge and agrees agree that the terms and conditions of this Section regarding confidentiality and non-solicitation and non-competition shall survive both (i) the termination of Participant’s your employment with the Company for any reason, and (ii) the termination of the Plan, for any reason. The Participant acknowledges You acknowledge and agrees agree that the grant of Options Restricted Shares in this Award Agreement is just and adequate consideration for the survival of the restrictions set forth herein, and that the Company may pursue any or all of the following remedies if the Participant you either violates violate the terms of this Section or succeeds succeed for any reason in invalidating any part of it (it being understood that the invalidity of any term hereof would result in a failure of consideration for the Award):

Appears in 1 contract

Samples: Restricted Share Award Agreement (ExamWorks Group, Inc.)

Survival of Commitments; Potential Recapture of Award and Proceeds. The Participant acknowledges and agrees that the terms and conditions of this Section 8 regarding confidentiality and non-solicitation shall survive both (i) the termination of Participant’s his/her employment with the Company for any reason, and (ii) the termination of the Plan, for any reason. The Participant acknowledges and agrees that the grant of Options Restricted Shares in this Award Agreement is just and adequate consideration for the survival of the restrictions set forth herein, and that the Company may pursue any or all of the following remedies if the Participant either violates the terms of this Section or succeeds for any reason in invalidating any part of it (it being understood that the invalidity of any term hereof would result in a failure of consideration for the Award):

Appears in 1 contract

Samples: Restricted Stock Agreement (Euronet Worldwide Inc)

Survival of Commitments; Potential Recapture of Award and Proceeds. The Participant acknowledges and agrees that the terms and conditions of this Section regarding confidentiality and non-solicitation shall survive both (i) the termination of Participant’s 's employment with the Company Group for any reason, and (ii) the termination of the Plan, for any reason. The Participant acknowledges and agrees that the grant of Options Restricted Shares in this Award Agreement is just and adequate consideration for the survival of the restrictions set forth herein, and that the Company Group may pursue any or all of the following remedies if the Participant either violates the terms of this Section or succeeds for any reason in invalidating any part of it (it being understood that the invalidity of any term hereof would result in a failure of consideration for the Award):

Appears in 1 contract

Samples: Award Agreement (Commerce Energy Group, Inc.)

Survival of Commitments; Potential Recapture of Award and Proceeds. The Participant acknowledges You acknowledge and agrees agree that the terms and conditions of this Section regarding confidentiality and non-solicitation [and non-competition] shall survive both (i) the termination of Participant’s your employment with the Company for any reason, and (ii) the termination of the Plan, for any reason. The Participant acknowledges You acknowledge and agrees agree that the grant of Options Deferred Share Units in this Award Agreement is just and adequate consideration for the survival of the restrictions set forth herein, and that the Company may pursue any or all of the following remedies if the Participant you either violates violate the terms of this Section or succeeds succeed for any reason in invalidating any part of it (it being understood that the invalidity of any term hereof would result in a failure of consideration for the Award):

Appears in 1 contract

Samples: Deferral Agreement (Sciele Pharma, Inc.)

Survival of Commitments; Potential Recapture of Award and Proceeds. The Participant acknowledges and agrees that the terms and conditions of this Section 8 regarding confidentiality and non-solicitation shall survive both (i) the termination of Participant’s his/her employment with the Company for any reason, and (ii) the termination of the Plan, for any reason. The Participant acknowledges and agrees that the grant of Options RSUs in this Award Agreement is just and adequate consideration for the survival of the restrictions set forth herein, and that the Company may pursue any or all of the following remedies if the Participant either violates the terms of this Section or succeeds for any reason in invalidating any part of it (it being understood that the invalidity of any term hereof would result in a failure of consideration for the Award):

Appears in 1 contract

Samples: Restricted Stock Unit Agreement (Euronet Worldwide Inc)

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