Common use of Conditions to Receipt of Severance Clause in Contracts

Conditions to Receipt of Severance. Notwithstanding any other provisions of this Agreement, the receipt of any termination benefits (not otherwise required to be provided to Employer under applicable law)pursuant to this Section 8 will be subject to Executive signing and not revoking a separation agreement and release of claims with Employer in substantially the form attached hereto as Exhibit B (the "Release") and provided that such Release becomes effective and irrevocable no later than sixty (60) days following Executive's termination of employment (the "Release Deadline"). Notwithstanding the foregoing, the termination benefits shall be paid or provided or shall commence on the first payroll period following the date the Release becomes effective (the "Payment Date"), and the first payment shall include all accrued amounts from the date of termination; provided that if termination of employment occurs in one calendar year and the Release Deadline occurs in the next calendar year, then the Payment Date shall be no earlier than January 1 of year in which Release Deadline occurs. If the Release does not become effective and irrevocable by the Release Deadline, then Executive will forfeit any rights to termination benefits under this Agreement. In no event will termination benefits be paid or provided until and unless the Release becomes effective and irrevocable by the Release Deadline. In addition, in the event that Executive materially breaches (and fails to cure, within ten (10) business days of receipt of written notice from Employer of such material breach, if such breach is capable of cure) the provisions of Sections 4 and 1 and all Compensation Continuation and benefits to which Executive may otherwise be entitled pursuant to this Section 8 will immediately cease.

Appears in 2 contracts

Samples: Executive Employment Agreement (Histogen Inc.), Executive Employment Agreement (Histogen Inc.)

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Conditions to Receipt of Severance. Notwithstanding any other provisions of this Agreement, the receipt of any termination benefits (not otherwise required to be provided to Employer under applicable law)pursuant to this Section 8 will be subject to Executive signing and not revoking a separation agreement and release of claims with 4856-3331-9237.1 / 118132-1000 Employer in substantially the form attached hereto as Exhibit B (the "Release") and provided that such Release becomes effective and irrevocable no later than sixty (60) days following Executive's termination of employment (the "Release Deadline"). Notwithstanding the foregoing, the termination benefits shall be paid or provided or shall commence on the first payroll period following the date the Release becomes effective (the "Payment Date"), and the first payment shall include all accrued amounts from the date of termination; provided that if termination of employment occurs in one calendar year and the Release Deadline occurs in the next calendar year, then the Payment Date shall be no earlier than January 1 of year in which Release Deadline occurs. If the Release does not become effective and irrevocable by the Release Deadline, then Executive will forfeit any rights to termination benefits under this Agreement. In no event will termination benefits be paid or provided until and unless the Release becomes effective and irrevocable by the Release Deadline. In addition, in the event that Executive materially breaches (and fails to cure, within ten (10) business days of receipt of written notice from Employer of such material breach, if such breach is capable of cure) the provisions of Sections 4 and 1 and all Compensation Continuation and benefits to which Executive may otherwise be entitled pursuant to this Section 8 will immediately cease.

Appears in 2 contracts

Samples: Executive Employment Agreement (Histogen Inc.), Executive Employment Agreement (Histogen Inc.)

Conditions to Receipt of Severance. Notwithstanding any other provisions of this Agreement, the receipt of any termination benefits (not otherwise required to be provided to Employer under applicable law)pursuant law) pursuant to this Section 8 will be subject to Executive signing and not revoking a separation agreement and release of claims with Employer in substantially the form attached hereto as Exhibit B (the "Release") and provided that such Release becomes effective and irrevocable no later than sixty (60) days following Executive's termination of employment (the "Release Deadline"). Notwithstanding the foregoing, the termination benefits shall be paid or provided or shall commence on the first payroll period following the date the Release becomes effective (the "Payment Date"), and the first payment shall include all accrued amounts from the date of termination; provided that if termination of employment occurs in one calendar year and the Release Deadline occurs in the next calendar year, then the Payment Date shall be no earlier than January 1 of year in which Release Deadline occurs. If the Release does not become effective and irrevocable by the Release Deadline, then Executive will forfeit any rights to termination benefits under this Agreement. In no event will termination benefits be paid or provided until and unless the Release becomes effective and irrevocable by the Release Deadline. In addition, in the event that Executive materially breaches (and fails to cure, within ten (10) business days of receipt of written notice from Employer of such material breach, if such breach is capable of cure) the provisions of Sections 4 and 1 and all Compensation Continuation and benefits to which Executive may otherwise be entitled pursuant to this Section 8 will immediately cease.

Appears in 1 contract

Samples: Executive Employment Agreement (Histogen Inc.)

Conditions to Receipt of Severance. Notwithstanding any (i) Executive will not receive severance pay or benefits other provisions of this Agreement, than the receipt of any termination benefits Accrued Benefits and Other Benefits unless (x) Executive signs and does not otherwise required to be provided to Employer under applicable law)pursuant to this Section 8 will be subject to Executive signing and not revoking a revoke Loop Group’s customary separation agreement and release of claims with Employer in substantially the form attached hereto as Exhibit B (the "Release") and provided that (y) such Release becomes effective and irrevocable no later than sixty (60) days following Executive's the termination of employment date (such deadline, the "Release Deadline"). Notwithstanding the foregoing, the termination benefits shall be paid or provided or shall commence on the first payroll period following the date the Release becomes effective (the "Payment Date"), and the first payment shall include all accrued amounts from the date of termination; provided that if termination of employment occurs in one calendar year and the Release Deadline occurs in the next calendar year, then the Payment Date shall be no earlier than January 1 of year in which Release Deadline occurs. If the Release does not become effective and irrevocable by the Release Deadline, then Executive will forfeit any rights to termination severance or benefits under this Agreement. In no event All payments will termination be made upon the effectiveness of the Release but will be delayed until a subsequent calendar year if necessary so their timing does not result in the imposition on Executive of additional taxes under Section 409A, if applicable. Severance payments or benefits will not be paid or provided until and unless the Release becomes effective and irrevocable by irrevocable. Notwithstanding the Release Deadline. In additionforegoing, in the event that Executive materially breaches (and fails all termination pay or benefits is subject to cureExecutive, within ten (10) business days of receipt of written notice from Employer of such material breachor his estate, if such breach is capable of cure) not violating the provisions of the Proprietary Agreement (as defined below), and Sections 4 12, 13 and 1 and 14 (the “Ongoing Obligations”). In the event Executive, or his assigns, agents or successors, violates the Ongoing Obligations, all Compensation Continuation and continuing termination pay or benefits to which Executive Executive, or his estate, may otherwise be entitled pursuant to this Section 8 4 will be immediately ceasesuspended, except as otherwise required by applicable law, provided that if it is subsequently determined by arbitration or by a court of competent jurisdiction that Executive, or his estate, did not breach such provisions, all suspended amount shall be promptly paid to Executive or his estate.

Appears in 1 contract

Samples: Employment Agreement (Loop Industries, Inc.)

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Conditions to Receipt of Severance. Notwithstanding any other provisions provision of this Agreement, the receipt of any termination benefits (not otherwise required to be provided to Employer under applicable law)pursuant law) pursuant to this Section 8 will be subject to Executive Employee signing and not revoking a separation agreement and release of claims with Employer in substantially the form attached hereto as Exhibit B C (the "Release") and provided that such Release becomes effective and irrevocable no later than sixty (60) days following Executive's Employee’s termination of employment (the "Release Deadline"). Notwithstanding the foregoing, the termination benefits shall be paid or provided or shall commence on the first payroll period following the date the Release becomes effective (the "Payment Date"), and the first payment shall include all accrued amounts from the date of termination; provided provided, that if termination of employment occurs in one calendar year and the Release Deadline occurs in the next calendar year, then the Payment Date shall be no earlier than January 1 of year in which Release Deadline occurs. If the Release does not become effective and irrevocable by the Release Deadline, then Executive Employee will forfeit any rights to termination benefits under this Agreement. In no event will termination benefits be paid or provided until and unless the Release becomes effective and irrevocable by the Release Deadline. In addition, in the event that Executive Employee materially breaches (and fails to cure, within ten (10) business days of receipt of written notice from Employer of such material breach, if such breach is capable of cure) the provisions of Sections 4 and 1 and 5, all Compensation Continuation and benefits to which Executive she may otherwise be entitled pursuant to this Section 8 will immediately cease.

Appears in 1 contract

Samples: Executive Employment Agreement (Histogen Inc.)

Conditions to Receipt of Severance. Notwithstanding any other provisions provision of this Agreement, the receipt of any termination benefits (not otherwise required to be provided to Employer under applicable law)pursuant law) pursuant to this Section 8 will be subject to Executive Employee signing and not revoking a separation agreement and release of claims with Employer in substantially the form attached hereto as Exhibit B C (the "Release") and provided that such Release becomes effective and irrevocable no later than sixty (60) days following Executive's termination Employee’s “separation of employment service” within the meaning of Section 409A of the Internal Revenue Code of 1986, as amended and restated (the "“Code” and such Code section, “Section 409A”) (the “Release Deadline"). Notwithstanding the foregoing, the The termination benefits shall be paid or provided or shall commence on the first payroll period following the date the Release becomes effective (the "Payment Date"), ”) and the first payment shall include all accrued amounts from the date of termination; , provided that if termination of employment occurs in one calendar year and the period during which you may deliver the Release Deadline occurs in the next required hereunder spans two (2) calendar yearyears, then the Payment Date shall be no earlier than January 1 of year in the second calendar year, provided that if the period during which the Release Deadline occursmay occur spans two calendar years, the Payment Date will be no earlier than January 1 of the second calendar year. If the Release does not become effective and irrevocable by the Release Deadline, then Executive Employee will forfeit any rights to termination benefits under this Agreement. In no event will termination benefits be paid or provided until and unless the Release becomes effective and irrevocable by the Release Deadline. In addition, in the event that Executive Employee materially breaches (and fails to cure, within ten (10) business days of receipt of written notice from Employer of such material breach, if such breach is capable of cure) the provisions of Sections 4 and 1 and 5, all Compensation Continuation and benefits to which Executive he may otherwise be entitled pursuant to this Section 8 will immediately cease.

Appears in 1 contract

Samples: Executive Employment Agreement (Conatus Pharmaceuticals Inc.)

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