Disputes Relating to Agreement. If (a) a Dispute (as hereinafter defined) arises, and (b) either a court, governmental agency, or similar body of competent jurisdiction issues a final, nonappealable order, judgment or decree (a "Final Order"), or Executive and the Company reach a definitive settlement of the Dispute (a "Settlement"), that sustains the position in the Dispute taken by Executive prior to the Dispute Date (as hereinafter defined), then the Company shall reimburse Executive for his reasonable legal expenses actually incurred from and after the Dispute Date in connection with obtaining the Final Order or Settlement, to the extent such expenses exceeded any award for legal expenses contained in any such Final Order. For purposes hereof, the "Dispute Date" shall be ten (10) business days after the date upon which Executive delivers to the Company, in accordance with Section 9.7, written notice setting forth the particulars of a matter covered by this Agreement about which Executive and the Company disagree (the "Dispute") and stating his intention to seek legal counsel for assistance regarding such matter. Except as expressly set forth above, the Company undertakes no obligation to advance, reimburse, or otherwise pay or assume any expense of Executive incurred in interpreting or enforcing this Agreement.
Appears in 3 contracts
Samples: Employment Agreement (Jwgenesis Financial Corp /), Employment Agreement (Jwgenesis Financial Corp /), Employment Agreement (Jwgenesis Financial Corp /)
Disputes Relating to Agreement. If (a) a Dispute (as hereinafter ------------------------------ defined) arises, and (b) either a court, governmental agency, or similar body of --- competent jurisdiction issues a final, nonappealable order, judgment or decree (a "Final Order"), or Executive and the Company reach a definitive settlement of the Dispute (a "Settlement"), that sustains the position in the Dispute taken by Executive prior to the Dispute Date (as hereinafter defined), then the Company ---- shall reimburse Executive for his reasonable legal expenses actually incurred from and after the Dispute Date in connection with obtaining the Final Order or Settlement, to the extent such expenses exceeded any award for legal expenses contained in any such Final Order. For purposes hereof, the "Dispute Date" shall be ten (10) business days after the date upon which Executive delivers to the Company, in accordance with Section 9.7, written notice setting forth the particulars of a matter covered by this Agreement about which Executive and the Company disagree (the "Dispute") and stating his intention to seek legal counsel for assistance regarding such matter. Except as expressly set forth above, the Company undertakes no obligation to advance, reimburse, or otherwise pay or assume any expense of Executive incurred in interpreting or enforcing this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Combination (J W Genesis Financial Corp), Employment Agreement (J W Genesis Financial Corp)
Disputes Relating to Agreement. If (a) a Dispute (as hereinafter ------------------------------ defined) arises, and (b) either a court, governmental agency, or similar body of --- competent jurisdiction issues a final, nonappealable order, judgment or decree (a "Final Order"), or Executive and the Company reach a definitive settlement of the Dispute (a "Settlement"), that sustains the position in the Dispute taken by Executive prior to the Dispute Date (as hereinafter defined), then the Company ---- shall reimburse Executive for his reasonable legal expenses actually incurred from and after the Dispute Date in connection with obtaining the Final Order or Settlement, to the extent such expenses exceeded any award for legal expenses contained in any such Final Order. For purposes hereof, the "Dispute Date" shall be ten (10) business days after the date upon which Executive delivers to the Company, in accordance with Section 9.7, written notice setting forth the particulars of a matter covered by this Agreement about which Executive and the Company disagree (the "Dispute") and stating his intention to seek legal counsel for assistance regarding such matter. Except as expressly set forth above, the Company undertakes no obligation to advance, reimburse, or otherwise pay or assume any expense of Executive incurred in interpreting or enforcing this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Combination (J W Genesis Financial Corp), Employment Agreement (J W Genesis Financial Corp)
Disputes Relating to Agreement. If (a) a Dispute (as hereinafter defined) arises, and (b) either a court, governmental agency, or similar body of competent jurisdiction issues a final, nonappealable order, judgment or decree (a "Final Order"), or Executive and the Company reach a definitive settlement of the Dispute (a "Settlement"), that sustains the position in the Dispute taken by Executive prior to the Dispute Date (as hereinafter defined), then the Company shall reimburse Executive for his reasonable legal expenses actually incurred from and after the Dispute Date in connection with obtaining the Final Order or Settlement, to the extent such expenses exceeded any award for legal expenses contained in any such Final Order. For purposes hereof, the "Dispute Date" shall be ten (10) business days after the date upon which Executive delivers to the Company, in accordance with Section 9.7, written notice setting forth the particulars of a matter covered by this Agreement about which Executive and the Company disagree (the "Dispute") and stating his intention to seek legal counsel for assistance regarding such matter. Except as expressly set forth above, the Company undertakes no obligation to advance, reimburse, or otherwise pay or assume any expense of Executive incurred in interpreting or enforcing this Agreement.which
Appears in 1 contract
Disputes Relating to Agreement. If (a) a Dispute (as hereinafter defined) arises, and (b) either a court, governmental agency, or similar body of competent jurisdiction issues a final, nonappealable order, judgment or decree (a "Final Order"), or Executive and the Company reach a definitive settlement of the Dispute (a "Settlement"), that sustains the position in the Dispute taken by Executive prior to the Dispute Date (as hereinafter defined), then the Company shall reimburse Executive for his reasonable legal expenses actually incurred from and after the Dispute Date in connection with obtaining the Final Order or Settlement, to the extent such expenses exceeded any award for legal expenses contained in any such Final Order. For purposes hereof, the "Dispute Date" shall be ten (10) business days after the date upon which Executive delivers to the Company, in accordance with Section 9.7, written notice setting forth the particulars of a matter covered by this Agreement about which Executive and the Company disagree (the "Dispute") and stating his intention to seek legal counsel for assistance regarding such matter. Except as expressly set forth above, the Company undertakes no obligation to advance, reimburse, or otherwise pay or assume any expense of Executive incurred in interpreting or enforcing this Agreement.
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