Common use of Availability of Relief Clause in Contracts

Availability of Relief. A. In the event that the Executive fails to abide by any of the terms of the Agreement, the Company may, in addition to any other remedies it may have, terminate any benefits or payments that are subsequently due under the Agreement, without waiving the release granted herein.

Appears in 4 contracts

Samples: Separation Agreement (Metromedia International Group Inc), Separation Agreement and General Release (Interline Brands, Inc./De), Sports Authority Inc /De/

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Availability of Relief. A. (a) In the event that the Executive knowingly and materially fails to abide by any of the terms of the Agreement, including but not limited to the Restrictive Covenants, after receiving reasonable notice of such failure in writing from the Company and failing to subsequently remedy such failure within a reasonable period of time, the Company may, in addition to any other remedies it may have, terminate any benefits or payments that are subsequently due under the Agreement, without waiving the release granted herein.

Appears in 2 contracts

Samples: Separation Agreement (BKF Capital Group Inc), Separation Agreement (BKF Capital Group Inc)

Availability of Relief. A. In the event that the Executive fails to abide by any of the terms of the this Agreement, the Company may, in addition to any other remedies it may have, terminate immediately cease any benefits or payments that are subsequently due under the this Agreement, without waiving the release granted herein. Notwithstanding the foregoing, the Company may not offset or otherwise withhold any benefits or payments that may be due to Executive.

Appears in 2 contracts

Samples: Employment Agreement (Infospace Inc), Employment Agreement (Infospace Inc)

Availability of Relief. A. In the event that the Executive fails to abide by any of the terms of the this Agreement, the Company may, in addition to any other remedies it may have, terminate any benefits or payments that are subsequently due under the this Agreement, without waiving the release granted by Executive herein.

Appears in 1 contract

Samples: Separation Agreement (ExlService Holdings, Inc.)

Availability of Relief. A. In the event that the Executive fails in any material respect to abide by any of the terms of this Agreement (which failure, if curable, continues after the AgreementCompany has provided Executive with written notice thereof and a reasonable opportunity to cure), the Company may, in addition to any other remedies it may have, terminate offset any benefits or payments that are subsequently due under the this Agreement, without waiving the release granted herein.

Appears in 1 contract

Samples: Separation Agreement (Wet Seal Inc)

Availability of Relief. A. In the event that the Executive fails to abide by any of the terms of the this Agreement, after written notice and an reasonable opportunity to cure such failure (and such failure is not cured to the reasonable satisfaction of the Company) the Company may, in addition to any other remedies it may have, terminate any benefits or payments that are subsequently due under the this Agreement, without waiving the release granted herein; provided that in no event shall the Company have the right to terminate pension or other benefits which had vested on or prior to the date of termination.

Appears in 1 contract

Samples: Separation Agreement and General (Itt Industries Inc)

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Availability of Relief. A. In the event that the Executive fails to abide by any of the terms of the this Agreement, the Company may, in addition to any other remedies it may have, terminate immediately cease any benefits or payments that are subsequently due under the this Agreement, without waiving the release granted herein.

Appears in 1 contract

Samples: Separation Agreement and General Release (MedQuist Holdings Inc.)

Availability of Relief. A. In the event that the Executive fails to abide substantially by any of the material terms of the Agreement, the Company may, in addition to any other remedies it may have, terminate any benefits or payments that are subsequently due under the Agreement, without waiving the release granted herein.

Appears in 1 contract

Samples: Separation Agreement (Metromedia International Group Inc)

Availability of Relief. A. In the event that the Executive fails to abide by any of the terms of the this Agreement, the Company may, in addition to any other remedies it may have, terminate immediately cease any benefits or payments that are subsequently due under the this Agreement, without waiving the release granted herein. Notwithstanding the foregoing, the Company may not offset or otherwise withhold any benefits or payments that are due under Section 3A of this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Infospace Inc)

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