Existing Entitlements Clause Samples

Existing Entitlements. (a) Upon the Effective Date, this Agreement shall replace and supersede in its entirety the Prior Agreement, which shall have no further force or effect; provided, however, that the Executive Chairman shall continue to be entitled to the payments and benefits under the Prior Agreement that are described in Section 4(b) hereof. In addition, the Company shall, and shall cause its subsidiaries (including the Prior Employer) to, honor, in accordance with their terms, the Executive Chairman’s existing entitlements under each plan or arrangement described in Section 4(c) hereof. (b) The Executive Chairman shall remain entitled to, or otherwise agrees to modify, the following payments and benefits under the Prior Agreement as set forth in this Section 4(b), which such payments and benefits shall, for the avoidance of doubt, survive a termination of the Executive Chairman’s employment and a termination of this Agreement for any reason. (i) Notwithstanding the occurrence of a “separation from service” (within the meaning of Section 409A of the Code and the regulations thereunder) from the Prior Employer as of the Effective Date, immediately following the Effective Date, the Executive Chairman hereby waives his entitlement to the Severance Payment (as defined in Section 4.2(b) of the Prior Agreement); provided, however, that, solely for purposes of calculating the amount payable to the Executive Chairman under the Prior Employer’s Supplemental Executive Retirement Plan (the “SERP”), the Executive Chairman shall be considered to have been entitled to receive such Severance Payment as a result of the separation from service. (ii) Immediately following the Effective Date, the Executive Chairman hereby waives his entitlement to the Gross-Up Payment (as defined in Section 4.2(e) of the Prior Agreement) in respect of the Merger. (iii) To the extent not previously paid by the Prior Employer, the Executive Chairman shall be entitled to reimbursement for any legal fees and expenses incurred and payable in accordance with Section 4.2(d) of the Prior Agreement, which, notwithstanding the waiver under Section 4(b)(ii) hereof, shall include the application of Section 4999 of the Code to all payments and benefits under this Agreement in connection with the Merger. (iv) In the event the Executive Chairman’s employment is terminated by the Company other than for Cause (including, solely for purposes of this Section 4(b)(iv), a termination for any reason upon the third anniversary o...

Existing Entitlements. The County previously approved the following entitlements for the Property (collectively, the “Existing Entitlement Documents”): a Preliminary Plat and a Preliminary Development Plan. Seller shall provide a copy of the Existing Entitlement Documents to Purchaser as part of the Seller Documents.

Existing Entitlements. Notwithstanding anything herein to the contrary, (a) you shall be entitled to receive any salary and annual bonus compensation earned but unpaid as of the Effective Date and (b) for purposes of any outstanding equity compensation awards (including for purposes of vesting), you shall be deemed to have continuous and uninterrupted employment with the Company through the expiration of the Initial Term or the Renewal Term.

Existing Entitlements. As discussed in Recital D, mining of the East Pit is subject to Use Permit U06-012, attached herein as Exhibit C.. U06-012 was approved by the County Planning Commission on July 26, 2007, for a term of twenty (20) years. U06-012 has an expiration date of July 26, 2027. Reclamation of the East Pit is subject to Reclamation Plan RP06-001, also approved on July 26, 2007.

Existing Entitlements. Regardless of whether the Minister signs this Agreement, pay for the time worked for which the Minister has not received payment and all vacation pay accrued but unused through the period of employment will be paid in a lump sum minus applicable deductions at the Effective Date. The Minister is also entitled to receive any study leave payments, sick leave payments, or personal time off payments, if any, to which the Minister may otherwise be entitled under the Church's personnel policies, but any unused portions will not be paid upon termination. If the Minister signs this Agreement, the Minister acknowledges that this Agreement describes all wages due through the Effective Date, all leave (paid or unpaid), compensation, wages, bonuses, commissions, and/or benefits to which the Minister may be entitled and that no other leave (paid or unpaid), compensation, wages, bonuses, commissions and/or benefits are due to the Minister, except as provided in this Agreement. The Minister further acknowledges that Paragraph 3 above describes all vacation pay in lieu of vacation as has accrued or will accrue through the Effective Date, and all other payments (if any) as have accrued or will accrue as of the Effective Date, to the extent to which the Minister is entitled to payment, and that vacation pay will continue to accrue through the Effective Date only to the extent that the Minister performs services for the Church through the Effective Date. The Church shall pay expense reimbursements to the Minister, as supported by proper receipts and documentation, received by the Church on or before the Effective Date as may be approved in writing in a manner consistent with the Church’s personnel and accounting policies. Other than as expressly provided in this Agreement, the Church shall not be obligated to make any other payments or reimbursements to or for the Minister including, but not limited to, payment of allowances for personal or professional expenses, mileage, car expenses, travel expenses, cell phone expenses, internet expenses, any fees or costs in connection with any continuing education, etc.

Existing Entitlements. ‌ 14.1. This Part shall not operate to deprive a Transferred Employee assigned to work at a new location, prior to the making of this Agreement, of any existing entitlements to compensation.