Common use of Voluntary Termination and Termination for Cause Clause in Contracts

Voluntary Termination and Termination for Cause. (a) If Employee voluntarily terminates his employment as provided in Section 4.1 (except under circumstances constituting a “Constructive Discharge” as defined in Section 5.4), or if Employee’s employment is terminated by Company for Cause as provided in Section 4.2, then in such event (i) Company shall only pay Employee (A) the accrued value of Base Salary through the date of such termination only and (B) any accrued and unused vacation time and (ii) the Employee shall be deemed to have forfeited and Company shall be entitled to retain and/or terminate any Incentive Compensation achieved but not yet paid under this Agreement, any Unvested Incentive Compensation, and any Escrowed Installment Payments (together, the “Forfeited Contingent Payments”), it being understood that such Forfeited Contingent Payments shall be deemed to have been unearned upon such termination. (b) Notwithstanding anything to the contrary in this Agreement, for the avoidance of doubt the Parties expressly agree that the Forfeited Contingent Payments will not limit, and shall be in addition to, any and all remedies and/or monetary damages available to the Company or Xxxxxxxx at law and in equity in connection with, as a result of, or arising out of Employee’s breach of this Agreement, including, without limitation, breach of those covenants contained in Article VI of this Agreement.