Claw-Back. To the fullest extent permitted by law, in the event that Executive breaches any of the provisions of Sections 8(a), (b) or (c), Employers shall be entitled to recoup payments made to Executive pursuant to Section 8 (d) hereof, provided, however, that, in the event of a breach of Section 8(a), such recoupment shall be limited to the reasonable damages incurred by Employers as a result of such breach and, in the event of a breach of Section 8(b) or Section 8(c), such recoupment shall be equal to the total payments made to Executive pursuant to Section 8(d) multiplied by a fraction, the numerator of which is the number of months remaining from the date of such breach to the first anniversary of the date such Executive’s employment was terminated as set forth in Section 8(d), and the denominator of which is twelve (12) months
Appears in 6 contracts
Samples: Change in Control/Noncompetition Agreement (Enterprise Bancorp Inc /Ma/), Change in Control/Noncompetition Agreement (Enterprise Bancorp Inc /Ma/), Change in Control/Noncompetition Agreement (Enterprise Bancorp Inc /Ma/)
Claw-Back. To the fullest extent permitted by law, in the event that Executive breaches any of the provisions of Sections 8(a), (b) or (c), Employers shall be entitled to recoup payments made to Executive pursuant to Section 8 (d) hereof, provided, however, that, in the inthe event of a breach of Section 8(a), such recoupment shall be limited to the reasonable damages incurred by Employers as a result of such breach and, in the event of a breach of Section 8(b) or Section 8(c), such recoupment shall be equal to the total payments made to Executive pursuant to Section 8(d) multiplied by a fraction, the numerator of which is the number of months remaining from the date of such breach to the first anniversary of the date such Executive’s Executive 's employment was terminated as set forth in Section 8(d), and the denominator of which is twelve (12) months
Appears in 1 contract
Samples: Change in Control/Noncompetition Agreement (Enterprise Bancorp Inc /Ma/)