Common use of Challenge Clause in Contracts

Challenge. If Employee violates or challenges the enforceability of this Release (other than for purposes of bringing a claim not released as provided in Section 2.3), no further payments, rights or benefits under Section 5.1 of the Agreement will be due to Employee.

Appears in 2 contracts

Sources: Separation and Release Agreement, Separation and Release Agreement (Destination Maternity Corp)

Challenge. If Employee violates or challenges the enforceability of this Release (other than for purposes of bringing a claim not released as provided in Section 2.3)Release, no further payments, rights or benefits under Section 5.1 4.A of the Agreement will be due to Employee.

Appears in 2 contracts

Sources: Separation and Release Agreement, Separation and Release Agreement (Destination Maternity Corp)

Challenge. If Employee violates or challenges the enforceability of this Release (other than for purposes of bringing a claim not released as provided in Section 2.3)Release, no further payments, rights or benefits under Section 5.1 1.3 of the Release (or under the Section of the Agreement entitled “Bonus”) will be due to Employee.

Appears in 2 contracts

Sources: Release Agreement (Destination Maternity Corp), Retirement and Release Agreement (Destination Maternity Corp)

Challenge. If Employee violates or challenges the enforceability of this Release (other than for purposes of bringing a claim not released as provided in Section 2.3)Release, no further payments, rights or benefits under Section 5.1 4.[__] of the Agreement will be due to Employee.

Appears in 1 contract

Sources: Employment Agreement (Destination Maternity Corp)

Challenge. If the Employee violates or challenges the enforceability of any provisions of this Release (other than for purposes of bringing a claim not released as provided in Section 2.3)Release, no further payments, rights or benefits under Section 5.1 3 of the Change in Control Agreement will be due to the Employee.

Appears in 1 contract

Sources: Change in Control Agreement (Valera Pharmaceuticals Inc)

Challenge. If Employee violates or challenges the enforceability of this Release (other than for purposes of bringing a claim not released as provided in Section 2.3)Release, no further payments, rights or benefits under Section 5.1 paragraph 2(B) or paragraph 4 of the Agreement will be due to Employee.

Appears in 1 contract

Sources: Separation and Release Agreement (Destination Maternity Corp)