Common use of Delivery of Release Clause in Contracts

Delivery of Release. Within thirty (30) days after ------------------- termination of Executive's employment (other than due to death of Executive) in anticipation of, on or after the occurrence of a Change in Control, the Company shall provide to Executive, or Executive's legal representative, a form of written release, which form shall be reasonably satisfactory to the Company and generally consistent with the form of release used by the Company prior to the earlier of (a) such termination of employment, if the Company has terminated Executive's employment in anticipation of a Change of Control, or (b) the occurrence of the Change in Control. As a condition to the obligation of the Company to make the payments provided for in this Agreement and otherwise perform its obligations hereunder to Executive upon termination of Executive's employment (other than due to death of Executive) Executive, or Executive's legal representative, shall deliver to the Company a written release, substantially in the form described above and provided to Executive by the Company within such thirty (30) day period, releasing the Company and its affiliates from any and all liability related to Executive's employment or the termination thereof, other than liabilities arising under this Agreement.

Appears in 5 contracts

Samples: Change in Control Agreement (Mail Well Inc), Change in Control Agreement (Mail Well Inc), Change in Control Agreement (Mail Well Inc)

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Delivery of Release. Within thirty (30) days after termination ------------------- termination of Executive's employment (other than due to death of Executive) in anticipation of, on or after the occurrence of a Change in ControlTriggering Event, the Company shall provide to Executive, or Executive's legal representative, a form of written release, which form shall be reasonably satisfactory to the Company and generally consistent with the form of release used by the Company prior to the earlier of (a) such termination of employment, if the Company has terminated Executive's employment in anticipation of a Change of ControlTriggering Event, or (b) the occurrence of the Change in ControlTriggering Event. As a condition to the obligation of the Company to make the payments provided for in this Agreement and otherwise perform its obligations hereunder to Executive upon termination of Executive's employment (other than due to death of Executive) Executive, or Executive's legal representative, shall deliver to the Company a written release, substantially in the form described above and provided to Executive by the Company within such thirty (30) day period, releasing the Company and its affiliates from any and all liability related to Executive's employment or the termination thereof, other than liabilities arising under this Agreement.

Appears in 1 contract

Samples: Executive Severance Agreement (Mail Well Inc)

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