VIOLATION AND REMEDY. If the Company reasonably determines that Executive has breached any of the provisions of this Section 5, in addition to any other remedies available to the Company in law or equity, the Company shall be entitled to immediately suspend as of the date of such breach the provision to Executive of any payments or benefits under this Agreement, including without limitation, the Severance Benefit outlined in Section 4 of this Agreement, and any Severance Benefits already paid shall be immediately returned to the Company. In addition, should the Company breach any of its obligations under this Agreement, including without limitation, the Severance Benefit outlined in Section 4, Executive will not be bound by the provisions of Sections 5.02 and 5.03.
Appears in 7 contracts
Samples: Employment Agreement (Mpower Holding Corp), Employment Agreement (Mpower Holding Corp), Employment Agreement (Mpower Holding Corp)
VIOLATION AND REMEDY. If the Company reasonably determines that Executive has breached any of the provisions of this Section 5, in addition to any other remedies available to the Company in law or equity, the Company shall be entitled to immediately suspend as of the date of such breach the provision to Executive of any payments or benefits under this Agreement, including without limitation, the Severance Benefit outlined in Section 4 of this Agreement, and any Severance Benefits already paid shall be immediately returned to the Company. In addition, should the Company breach any of its obligations under this Agreement, including without limitation, the Severance Benefit outlined in Section 4, Executive will not be bound by the provisions of Sections 5.02 and 5.03.
Appears in 1 contract
Samples: Retirement and Employment Agreement (Mpower Communications Corp)
