Conditional Payments. Subject to Section 7, any payments or benefits made pursuant to this Section 6 will be subject to and conditioned upon the Executive’s compliance with the provisions, restrictions and limitations of Section 5 of this Agreement, but not otherwise subject to offset or mitigation. In addition, unless on or prior to the sixtieth (60th) day following the date of termination: (i) the Executive or the Executive’s estate (as applicable) shall have signed, and the Company shall have received, a Release and Agreement releasing the Company, Related Companies, and their respective directors, officers, employees and agents (“Released Parties”) from any and all claims and liabilities, and promising to the fullest extent allowed by law, never to xxx any of the Released Parties (such Release and Agreement shall be in the form set forth in Appendix III); and (ii) such Release and Agreement shall have become irrevocable, then: (A) no payment shall be paid or made available to the Executive under Section 6(a)(i) or 6(b)(i), (B) no unvested Equity Incentive shall become vested pursuant to Section 6(b)(iii) and instead, all then unvested Equity Incentives shall be immediately forfeited, (C) the Company shall be relieved of all obligations to make any further payments, or provide or make available any Benefits, to the Executive pursuant to Section 6(a)(iv) or 6(b)(iv) and (D) the Executive shall be required to repay the Company, in cash, within five (5) business days after written demand is made therefor by the Company, an amount equal to the value of any Benefits received by the Executive pursuant to Section 6(a)(iv) or 6(b)(iv).
Conditional Payments. Reimbursements are conditioned on the Scope of Work being performed in compliance with the Contract. Performing Party shall return payment to TCEQ for either overpayment or activities undertaken that are not compliant with the Scope of Work. This does not limit or waive any other TCEQ remedy.
Conditional Payments. Any payments or benefits made pursuant to this Section 6 will be subject to (i) the provisions, restrictions, and limitations of Section 5 of this Agreement, but not otherwise subject to offset or mitigation, (ii) the Executive’s signing (following his termination of employment), and the Company’s receipt of, a Release and Agreement releasing the Company, Related Companies, and their respective directors, officers, employees and agents (“Indemnitees”) from any and all claims and liabilities, and promising never to xxx any of the Indemnitees (such Release and Agreement shall be in such form as is then currently in use for departing Company senior executives), and (iii) the Company’s receipt of the Executive’s resignation from all offices, directorships, and fiduciary positions with the Company, its Related Companies, and their respective employee benefit plans.
Conditional Payments. Any payments or benefits made pursuant to this Section 6 will be subject to and conditioned upon (i) Executive’s compliance with the provisions, restrictions, and limitations of Section 5 of this Agreement, but not otherwise subject to offset or mitigation, (ii) the Executive’s signing and not revoking (following his date of termination), and the Company’s receipt of, a Release and Agreement releasing the Company, Related Companies, and their respective directors, officers, employees and agents (“Released Parties”) from any and all claims and liabilities, and promising, to the fullest extent allowed by law, never to xxx any of the Released Parties (such Release and Agreement shall be in the form set forth in Appendix III), and (iii) the Company’s receipt of the Executive’s resignation from all offices, directorships, and fiduciary positions with the Company, its Related Companies, and their respective employee benefit plans.
Conditional Payments. Subject to the terms and conditions of this Agreement and Section 5.4 below, MERCK shall pay to Protiva Biotherapeutics Inc. the following conditional payments:
Conditional Payments. City shall have the right to condition any disbursement upon receipt and approval of such documentation, evidence or information that City may reasonably request, including, but not limited to, vouchers, invoices and similar documentation.
Conditional Payments. Payments are conditioned on the Scope of Work being performed in compliance with the Agreement. Performing Party shall return payment to PTO for either overpayment or activities undertaken that are not compliant with the Scope of Work. This does not limit or waive any other PTO remedy.
Conditional Payments. (a) In the event the price of nickel exceeds US$10.00/pound, as reported by the Xxxxxxxxxxx.xxx, for a period of thirty consecutive Business Days, at any time beginning on the Closing Date and ending on December 31, 2023 (the “Bonus Share Condition”), VN may deliver a written notice to ELEF at any time within ten days of the satisfaction of the Bonus Share Condition, that the Bonus Share Condition has been met (the “Bonus Share Notice”) and requesting issuance of the Bonus Shares. Upon receipt of the Bonus Share Notice and ELEF confirming the satisfaction of the Bonus Share Condition, ELEF will issue to VN that number of ELEF Shares (the “Bonus Shares”) as is equal to the result of dividing C$2,000,000by the VWAP for the five Trading Days preceding the date on which VN delivered the Bonus Share Notice to ELEF.
Conditional Payments. Reimbursements are conditioned on the Grant Activities being performed in compliance with the Contract. Grantee shall return payment to TCEQ for either overpayment or activities undertaken that are not compliant with the Grant Activities. This does not limit or waive any other TCEQ remedy.
Conditional Payments. Any payments or benefits made pursuant to this Section 6 will be subject to (i) the provisions, restrictions, and limitations of Section 5 of this Agreement, but not otherwise subject to offset or mitigation, and (ii) the Executive’s signing (following his termination of employment), and not revoking, and the Company’s receipt of, a Release and Agreement within 50 days of termination of employment releasing the Company, related companies, and their respective directors, officers, employees and agents (“Indemnities”) from any and all claims and liabilities, and promising never to xxx any of the Indemnities (such Release and Agreement shall be in such form as is then currently in use for departing Company senior executives).
