Common use of Conditional Nature of Severance Payments Clause in Contracts

Conditional Nature of Severance Payments. The Executive agrees and acknowledges that the Executive’s right to receive the severance payments set forth in Section 3.3 (to the extent the Executive is otherwise entitled to such payments) shall be conditioned upon compliance with the restrictions in this Section 5 and of Article III of the Technology and Intellectual Property Purchase Agreement to which Executive is a party.

Appears in 5 contracts

Samples: Technology and Intellectual Property Purchase Agreement (Next Fuel, Inc.), Employment Agreement (Next Fuel, Inc.), Employment Agreement (Next Fuel, Inc.)

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Conditional Nature of Severance Payments. The Executive agrees and acknowledges that the Executive’s right to receive the severance payments set forth in Section 3.3 9 (to the extent that the Executive is otherwise entitled to such payments) shall will be conditioned upon compliance with the restrictions contained in this Section 5 and of Article III of the Technology and Intellectual Property Purchase Agreement to which Executive is a party11.

Appears in 2 contracts

Samples: Executive Employment Agreement (Nextg Networks Inc), Executive Employment Agreement (Nextg Networks Inc)

Conditional Nature of Severance Payments. The Executive agrees and acknowledges that the Executive’s right to receive the severance payments set forth in Section 3.3 8 (to the extent the Executive is otherwise entitled to such payments) are contingent upon Executive complying with the terms and conditions of the Company’s Confidential Information Agreement and upon any breach of such agreement all severance payments pursuant to this Agreement shall be conditioned upon immediately cease and any severance payments or benefits provided to Executive following any non-compliance with the restrictions in this Section 5 and of Article III of Confidential Information Agreement shall be immediately reimbursed to the Technology and Intellectual Property Purchase Agreement to which Executive is a partyCompany.

Appears in 2 contracts

Samples: Employment Agreement (Healthetech Inc), Stephen Webb Employment Agreement (Healthetech Inc)

Conditional Nature of Severance Payments. The Executive agrees and acknowledges that the Executive’s right to receive the severance payments set forth in Section 3.3 7 (to the extent the Executive is otherwise entitled to such payments) shall be conditioned upon compliance with the restrictions restriction in this Section 5 and of Article III of the Technology and Intellectual Property Purchase Agreement to which Executive is a party9.

Appears in 2 contracts

Samples: Employment Agreement (Veracyte, Inc.), Employment Agreement (Veracyte, Inc.)

Conditional Nature of Severance Payments. The Executive agrees and acknowledges that the Executive’s right to receive the severance payments set forth in Section 3.3 Sections 7 and 8 (to the extent the Executive is otherwise entitled to such payments) shall be conditioned upon compliance with the restrictions restriction in this Section 5 11. In the event of any breach of this Section 11, the Company shall be entitled to recover from the Executive, and of Article III of the Technology and Intellectual Property Purchase Agreement Executive shall pay to which the Company, the amount equal to the amount paid to the Executive is a partypursuant to Section 7 or 8.

Appears in 2 contracts

Samples: Employment Agreement (Ellie Mae Inc), Employment Agreement (Ellie Mae Inc)

Conditional Nature of Severance Payments. The Executive agrees and acknowledges that the Executive’s 's right to receive the severance payments set forth in Section 3.3 9 (to the extent the Executive is otherwise entitled to such payments) shall be conditioned upon compliance with the restrictions non-solicitation obligation set forth in this Section 5 and of Article III of the Technology and Intellectual Property Purchase Agreement to which Executive is a party11.

Appears in 1 contract

Samples: Employment Agreement (Digitalthink Inc)

Conditional Nature of Severance Payments. The Executive agrees and acknowledges that the Executive’s right to receive the severance payments set forth in Section 3.3 paragraph 9 (to the extent the Executive is otherwise entitled to such payments) shall be conditioned upon compliance with the restrictions restriction in this Section 5 and of Article III of the Technology and Intellectual Property Purchase Agreement to which Executive is a partyparagraph 11.

Appears in 1 contract

Samples: Passarello Employment Agreement (Therma Wave Inc)

Conditional Nature of Severance Payments. The Executive agrees and acknowledges that the Executive’s right to receive the severance payments set forth in Section 3.3 4 (to the extent the Executive is otherwise entitled to such payments) shall be conditioned upon compliance with the restrictions restriction in this Section 5 11. In the event of any breach of this Section 11, the Company shall be entitled to recover from the Executive, and of Article III of the Technology and Intellectual Property Purchase Agreement Executive shall pay to which the Company, the amount equal to the amount paid to the Executive is a partypursuant to Section 7.

Appears in 1 contract

Samples: Employment Agreement (Ellie Mae Inc)

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Conditional Nature of Severance Payments. The Executive agrees and acknowledges that the Executive’s right to receive the severance payments set forth in Section 3.3 3 (to the extent the Executive is otherwise entitled to such payments) shall be conditioned upon compliance with the restrictions restriction in this Section 5 9. In the event of any breach of this Section 9, the Company shall be entitled to recover from the Executive, and of Article III of the Technology and Intellectual Property Purchase Agreement Executive shall pay to which the Company, the amount equal to the amount paid to the Executive is a partypursuant to Section 3.

Appears in 1 contract

Samples: Change in Control Severance Agreement (Ellie Mae Inc)

Conditional Nature of Severance Payments. The Executive agrees and acknowledges that the Executive’s right to receive the severance payments set forth in Section 3.3 Sections 7, 8 and 9 (to the extent the Executive is otherwise entitled to such payments) shall be conditioned upon compliance with the restrictions restriction in this Section 5 12. In the event of any breach of this Section 12, the Company shall be entitled to recover from the Executive, and of Article III of the Technology and Intellectual Property Purchase Agreement Executive shall pay to which the Company, the amount equal to the amount paid to the Executive is a partypursuant to Section 7, 8 or 9.

Appears in 1 contract

Samples: Employment Agreement (Ellie Mae Inc)

Conditional Nature of Severance Payments. The Executive agrees and acknowledges that the Executive’s right to receive the severance payments set forth in Section 3.3 Sections 6, 7 and 8 (to the extent the Executive is otherwise entitled to such payments) shall be conditioned upon compliance with the restrictions restriction in this Section 5 11. In the event of any breach of this Section 11, the Company shall be entitled to recover from the Executive, and of Article III of the Technology and Intellectual Property Purchase Agreement Executive shall pay to which the Company, the amount equal to the amount paid to the Executive is a partypursuant to Section 6, 7 or 8.

Appears in 1 contract

Samples: Employment Agreement (Ellie Mae Inc)

Conditional Nature of Severance Payments. The Executive agrees and acknowledges that the Executive’s 's right to receive the severance payments set forth in Section 3.3 3 (to the extent the Executive is otherwise entitled to such payments) shall be conditioned upon compliance with the restrictions restriction in this Section 5 9. In the event of any breach of this Section 9, the Company shall be entitled to recover from the Executive, and of Article III of the Technology and Intellectual Property Purchase Agreement Executive shall pay to which the Company, the amount equal to the amount paid to the Executive is a partypursuant to Section 3.

Appears in 1 contract

Samples: Control Severance Agreement (Ellie Mae Inc)

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