Common use of Agreement to Repay Clause in Contracts

Agreement to Repay. Pursuant to the letter agreement between you and the Company dated as of the Separation Date (the “Letter Agreement”), the benefits provided to you pursuant to Sections 2 and 3 above, except for the Bonus, and any payment by the Company of COBRA Premiums pursuant to Section 8 below, are subject to your agreement to repay such benefits and payments in the event that it is finally determined by a court that you engaged in any act for which you would not be entitled to indemnification under Section 8.1 of the Company’s by-laws.

Agreement to Repay. Pursuant to the letter agreement between you and the Company dated as of the Separation Date (the “Letter Agreement”), the payments and benefits provided to you pursuant to Sections 2 and 3 above, except for the Bonus, and any payment by the Company of COBRA Premiums pursuant to Section 8 belowbelow (collectively, the “Severance Benefits”), are subject to your agreement to repay such benefits and payments the Severance Benefits in the event that it is finally determined by a court that you engaged in any act for which you would not be entitled to indemnification under Section 8.1 of the Company’s by-lawsAmended and Restated Bylaws.