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. 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. Any severance payments or other payments or benefits payable to Xx. Xxxxx under this Agreement will immediately cease, without notice, if Xx. Xxxxx breaches any term of this Agreement. Xx. Xxxxx agrees that if he breaches any of the provisions of Paragraphs 8, 10, 17 and 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,
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, Inc. Executive agrees that if he accepts an offer of employment from any of the above referenced companies within six (6) 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 in limitation thereof, or in limitation of any right or remedy otherwise available to the Company, if the Executive violates any provision of this Agreement, including those set forth in Sections 5 or 6 , any and all payments or benefits then or thereafter due from the Company to the Executive hereunder, including, without limitation the severance benefits under Section 4, 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. In the event of a proven breach by the Company, Executive shall be entitled to her reasonable attorney fees and costs.
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 way in limitation thereof or in limitation of any right or remedy otherwise available to the Company, if the Employee violates any material provision of this Agreement, (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. 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.
Termination of Severance Payments. As of the Execution Date and the Effective Date, Releasor's entitlement to any future payment under Paragraph A of this Release Agreement shall end, and Blackhawk shall have no further obligations to Releasor, immediately upon Releasor's commencement of employment with, or undertaking to provide any paid or unpaid consulting services to, any person or entity in the gift card payments business, including those listed on Schedule A (“Gift Card Payments Business Companies”) in any geographical location, regardless of whether that is the geographical location in which Releasor was, is or will be assigned to work. Blackhawk shall be entitled to recover (and Releasor shall be deemed to have forfeited) any payments made to Releasor under Paragraph A, if Releasor accepts any employment with such Gift Cards Payments Business Companies during the period equal to twelve (12) months following the Effective Date. Notwithstanding this Paragraph, Releasor shall be entitled to 10% of the total amount of severance payments under this Release Agreement as consideration for Releasor’s remaining obligations under the Release Agreement, including the Release of Claims in Paragraph 3.
