Common use of Tender Back Clause in Contracts

Tender Back. You agree that in the event of any breach of this Agreement, including but not limited to, your bringing any claim against any Released Party, you will immediately repay all or any portion of the payments made to you and the Company will have no obligation to make any further payments to you under this Agreement, provided, however, that these provisions do not apply to any claims brought pursuant to the Age Discrimination in Employment Act or the Older Workers Benefit Protection Act.

Appears in 4 contracts

Samples: Separation Agreement (SPX Corp), Separation Agreement and General Release (SPX Corp), Separation Agreement and General Release (SPX Corp)

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Tender Back. You agree that in the event of any breach of this Agreement, including but not limited to, your bringing any claim against any Released Party, you will immediately repay all or any portion of the payments made to you hereunder, and the Company will have no obligation to make any further payments to you under this Agreement, provided, however, that these provisions do not apply to any claims brought pursuant to the Age Discrimination in Employment Act or the Older Workers Benefit Protection Act, or other claims for which tender back may be prohibited under applicable law.

Appears in 2 contracts

Samples: Employment Agreement (Orchard Enterprises, Inc.), Employment Agreement (Digital Music Group, Inc.)

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