Termination of Severance Payments. In the event Employee breaches any of the provisions of this Section 6, the Company shall be entitled to immediately cease all payments under Section 5(a) above.
Termination of Severance Payments. In addition to the foregoing, and not in any way in limitation thereof or in limitation of any right or remedy otherwise available to the Company, if the Employee violates any provision of this Agreement, or facts or circumstances have been made known that if known as of the Termination Date, the Employee would not have been entitled to the benefits of Section 4(a)(ii), (i) the provisions set forth in Section 4(a)(ii), and the Company’s obligations thereunder, shall be terminated and of no further force or effect, without limiting or affecting the Employee’s obligations under Sections 5, 6, 7, or 10, or the Company’s other rights and remedies available at law or equity and (ii) the Employee shall promptly pay the Company any amounts received pursuant to Section 4(a)(ii).
Termination of Severance Payments. Any severance payments or other payments or benefits payable to Mx. Xxxxx under this Agreement will immediately cease, without notice, if Mx. Xxxxx breaches any term of this Agreement. Mx. Xxxxx agrees that if he breaches any of the provisions of Paragraphs 8, 10, 17 or 18, such breach likely will not have an adequate remedy at law and that O’Charley’s will be entitled, in addition to all other legal and/or equitable remedies available to it, to cease making the payments provided under Paragraph 13 and to apply to and obtain from a court of competent jurisdiction an injunction against any violation thereof with the prevailing party entitled to recover all costs of such action, including reasonable attorneys’ fees. These rights and remedies will be cumulative and not alternative. Without limiting the generality of the foregoing, the prevailing party in any action brought to enforce the terms and conditions of this Agreement (not just those of Paragraphs 8, 10, 17 and 18) will be entitled to recoup their reasonable attorneys’ fees in enforcing this Agreement.
Termination of Severance Payments. In the event that Executive breaches this Agreement, the Company’s obligation to continue to pay any severance as described in this paragraph ceases.
Termination of Severance Payments. If Executive violates or breaches --------------------------------- any of the agreements and covenants contained in this Agreement, the Company shall, in addition to other remedies under law or equity, be entitled to discontinue further severance payments and benefits to be made hereunder.
Termination of Severance Payments. Notwithstanding Section 4(a) above, if Executive violates the provisions of Section 6 of this Agreement after Executive's termination of employment by the Company, Executive shall have no further right to the payment of any Severance Amount payable thereafter under this Agreement.
Termination of Severance Payments. In addition to the foregoing, and not in any in limitation thereof, or in limitation of any right or remedy otherwise available to the Company, if the Executive violates any provision of the foregoing Sections 5 or 6, any and all payments or benefits then or thereafter due from the Company to the Executive hereunder shall be terminated forthwith and the Company’s obligation to pay and the Executive’s right to receive such payments or benefits shall terminate and be of no further force or effect, in each case without limiting or affecting the Executive’s obligations under Sections 5 and 6 or the Company’s other rights and remedies available at law or equity.
Termination of Severance Payments. Executive acknowledges and agrees that should he accept employment with any of the following of the Company’s competitors, his severance payments shall cease immediately: (1) Linksys Group (2) Dlink Systems, Inc.; (3) Dell Computer Corporation, Networking Division (4) 3Com Corporation; (5) Hewlett Packard Company, Networking Division; and (6) Cisco Systems. Executive agrees that if he accepts an offer of employment from any of the above referenced companies within nine (9) months following the Effective Date of this Agreement, he shall notify the Company not later than 48 hours following his acceptance of any such employment offer, whether written or oral.
Termination of Severance Payments. In addition to the foregoing, and not in any way in limitation thereof, or in limitation of any right or remedy otherwise available to the Company, if, after any termination of employment, the Employee violates (a) any provision of Section 6, 7, 8, 9, 10, 11 or 12 of this Agreement or (b) any other provision of this Agreement in any material respect and (in the case of this clause (b)) such violation shall have continued for a period of ten (10) days after the Company gives written notice to Employee specifying such violation, then in either case, the provisions set forth in clauses (ii), (iii) and (iv) of Section 5(a) and clause (ii) of Section 5(c), and the Company’s obligations thereunder, shall be terminated and of no further force or effect, without limiting or affecting the Employee’s obligations under Sections 6, 7, 8, 9, 10, 11 or 12, or the Company’s other rights and remedies available at law or equity.
Termination of Severance Payments. Severance payments and the other benefits under this Agreement shall cease if Xx. Xxxxx materially breaches any material term of this Agreement, but only after written notice to Xx. Xxxxx describing the alleged material breach in detail, including the specific actions of Xx. Xxxxx which X’Xxxxxxx’x alleges constitute such a breach and the specific section of this Agreement which O’Charley’s alleges were breached. Xx. Xxxxx shall have fifteen (15) days to cure such breach, and if the breach is cured, the Severance Payments shall resume upon the next scheduled payday and any missed Severance Payments due to the alleged breach shall also be paid on the next scheduled payday. Should such breach not be cured within such fifteen (15) day period, then O’Charley’s shall have no obligation to make any further severance payments or provide any additional benefits hereunder. Xx. Xxxxx agrees that if he breaches any of the provisions of Paragraphs 8, 10, 16 and 17, such breach likely will not have an adequate remedy at law and that O’Charley’s shall be entitled, in addition to all other legal and/or equitable remedies available to it, to cease making the payments provided under paragraph 13 and apply to and obtain from a court of competent jurisdiction an injunction against any violation thereof with the prevailing party entitled to recover all costs of such action, including reasonable attorneys’ fees. These rights and remedies shall be cumulative and not alternative. Without limiting the generality of the foregoing, the prevailing party in any action brought to enforce the terms and conditions of this Agreement (not just those of Paragraphs 8, 10, 16 and 17), will be entitled to recoup their reasonable attorneys fees in enforcing this Agreement.
