Common use of General Release and Waiver Clause in Contracts

General Release and Waiver. Upon Executive’s Date of Termination (whether initiated by Sears or Executive in accordance with subsection 1(a) above) potentially entitling Executive to Severance Benefits, Executive will execute a binding general release and waiver of claims in a form to be provided by Sears (“General Release and Waiver”), which is incorporated by reference under this Agreement. This General Release and Waiver will be in a form substantially similar to the attached sample. If the General Release and Waiver is not signed within the time required by the waiver or is signed but subsequently revoked, Executive will not continue to receive any Severance Benefits otherwise payable under subsection 1(a) above. Further, Executive shall be obligated to reimburse Sears for any portion of (i) the Salary Continuation paid during the Salary Continuation Period under subsection (1)(a)(i) herein, and (ii) the cost for the benefits provided during the Salary Continuation Period under subsection (1)(a)(ii) herein. A sample of this General Release and Waiver is provided as Exhibit A to this Agreement.

Appears in 9 contracts

Samples: Executive Severance Agreement (Sears Holdings Corp), Executive Severance Agreement (Sears Hometown & Outlet Stores, Inc.), Executive Severance Agreement (Sears Holdings Corp)

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General Release and Waiver. Upon Executive’s 's Date of Termination (whether initiated by Sears Pier 1 Imports or Executive in accordance with subsection 1(a) aboveExecutive) potentially entitling Executive to Severance Benefits, Executive will execute be provided with a binding general release and waiver of claims in a form to be provided by Sears (“General Release and Waiver”), which is incorporated by reference under this Agreement. This General Release and Waiver will be ) in a form substantially similar to the General Release and Waiver attached samplehereto as Exhibit “A” and made a part hereof. If the General Release and Waiver is not signed within the time required by specified in the waiver General Release and Waiver or is signed but subsequently revoked, Executive will not continue to receive any Severance Benefits otherwise payable under subsection 1(a) above. Further, Executive shall be obligated to reimburse Sears Pier 1 Imports for any portion of (i) the Salary Continuation paid during the Salary Continuation Period under subsection (1)(a)(i) herein, herein and (ii) the cost for the benefits provided of other Severance Benefits received by Executive during the Salary Continuation Period under subsection (1)(a)(ii) herein. A sample of this General Release and Waiver is provided as Exhibit A to this AgreementPeriod.

Appears in 3 contracts

Samples: Executive Agreement (Pier 1 Imports Inc/De), Executive Agreement (Pier 1 Imports Inc/De), Executive Agreement (Pier 1 Imports Inc/De)

General Release and Waiver. Upon Executive’s Date of Termination (whether initiated by Sears OSH or Executive in accordance with subsection 1(a) above) potentially entitling Executive to Severance Benefits, Executive will execute a binding general release and waiver of claims in a form to be provided by Sears OSH (“General Release and Waiver”), which is incorporated by reference under this Agreement. This General Release and Waiver will be in a form substantially similar to the attached sample. If the General Release and Waiver is not signed within the time required by the waiver or is signed but subsequently revoked, Executive will not continue to receive any Severance Benefits otherwise payable under subsection 1(a) above. Further, Executive shall be obligated to reimburse Sears OSH for any portion of (i) the Salary Continuation paid during the Salary Continuation Period under subsection (1)(a)(i) herein, and (ii) the cost for the benefits provided during the Salary Continuation Period under subsection (1)(a)(ii) herein. A sample of this General Release and Waiver is provided as Exhibit A to this Agreement.

Appears in 2 contracts

Samples: Executive Severance Agreement (Orchard Supply Hardware Stores Corp), Executive Severance Agreement (Orchard Supply Hardware Stores Corp)

General Release and Waiver. Upon Executive’s Date of Termination (whether initiated by Sears or Executive in accordance with subsection 1(a) above) potentially entitling Executive to Severance Benefits, Executive will execute a binding general release and waiver of claims in a form to be provided by Sears (“General Release and Waiver”), which is incorporated by reference under this Agreement. This General Release and Waiver will be in a form substantially similar to the attached sample. If the General Release and Waiver is not signed within the time required by the waiver or is signed but subsequently revoked, Executive will not continue to receive any Severance Benefits otherwise payable under subsection 1(a) above. Further, Executive shall be obligated to reimburse Sears for any portion of (i) the Salary Continuation paid during the Salary Continuation Period under subsection (1)(a)(i) herein, and (ii) the cost for the benefits provided during the Salary Benefits Continuation Period under subsection (1)(a)(ii) herein. A sample of this General Release and Waiver is provided as Exhibit A to this Agreement.

Appears in 2 contracts

Samples: Executive Severance Agreement (Lands End Inc), Executive Severance Agreement (Lands End Inc)

General Release and Waiver. Upon Executive’s Date of Termination (whether initiated by Sears OSH or Executive in accordance with subsection 1(al(a) above) potentially entitling Executive to Severance Benefits, Executive will execute a binding general release and waiver of claims in a form to be provided by Sears OSH (“General Release and Waiver”), which is incorporated by reference under this Agreement. This General Release and Waiver will be in a form substantially similar to the attached sample. If the General Release and Waiver is not signed within the time required by the waiver or is signed but subsequently revoked, Executive will not continue to receive any Severance / /20 Benefits otherwise payable under subsection 1(a) above. Further, Executive shall be obligated to reimburse Sears OSH for any portion of (i) the Salary Continuation paid during the Salary Continuation Period under subsection (1)(a)(i) herein, and (ii) the cost for the benefits provided during the Salary Continuation Period under subsection (1)(a)(ii) herein. A sample of this General Release and Waiver is provided as Exhibit A to this Agreement.

Appears in 1 contract

Samples: Executive Severance Agreement (Orchard Supply Hardware Stores Corp)

General Release and Waiver. Upon Executive’s Date of Termination (whether initiated by Sears OSH or Executive in accordance with subsection 1(a) above) potentially entitling Executive to Severance Benefits, Executive will execute a binding general release and waiver of claims in a form to be provided by Sears OSH (“General Release and Waiver”), which is incorporated by reference under this Agreement. This General Release and Waiver will be in a form substantially similar to the attached sample. If the General Release and Waiver is not signed within the time required by the waiver or is signed but subsequently revoked, Executive will not continue to receive any Severance Benefits otherwise payable under subsection 1(a) above. Further, Executive shall be obligated to reimburse Sears OSH for any portion of (i) the Salary Continuation paid during the Salary Continuation Period under subsection (1)(a)(i) herein, and (ii) the cost for the benefits provided during the Salary Continuation Period under subsection (1)(a)(ii) herein. A sample of this General Release and Waiver is provided as Exhibit A to this Agreement.)

Appears in 1 contract

Samples: Executive Severance Agreement (Orchard Supply Hardware Stores Corp)

General Release and Waiver. Upon Executive’s Date of Termination (whether initiated by Sears OSH or Executive in accordance with subsection 1(al(a) above) potentially entitling Executive to Severance Benefits, Executive will execute a binding general release and waiver of claims in a form to be provided by Sears OSH (“General Release and Waiver”), which is incorporated by reference under this Agreement. This General Release and Waiver will be in a form substantially similar to the attached sample. If the General Release and Waiver is not signed within the time required by the waiver or is signed but subsequently revoked, Executive will not continue to receive any Severance Benefits otherwise payable under subsection 1(al(a) above. Further, Executive shall be obligated to reimburse Sears OSH for any portion of (i) the Salary Continuation paid during the Salary Continuation Period under subsection (1)(a)(il)(a)(i) herein, and (ii) the cost for the benefits provided during the Salary Continuation Period under subsection (1)(a)(iil)(a)(ii) herein. A sample of this General Release and Waiver is provided as Exhibit A to this Agreement.

Appears in 1 contract

Samples: Executive Severance Agreement (Orchard Supply Hardware Stores Corp)

General Release and Waiver. Upon Executive’s Date of Termination (whether initiated by Sears OSH or Executive in accordance with subsection 1(a) above) potentially entitling Executive to Severance Benefits, Executive will execute a binding general release and waiver of claims in a form to be provided by Sears OSH (“General Release and Waiver”), which is incorporated by reference under this Agreement. This General Release and Waiver will be in a form substantially similar to the attached sample. If the General Release and Waiver is not signed within the time required by the waiver or is signed but subsequently revoked, Executive will not continue to receive any Severance Benefits otherwise payable under subsection 1(a) above. Further, Executive shall be obligated to reimburse Sears OSH for any portion of (i) the Salary Continuation paid during the Salary Continuation Period under subsection (1)(a)(il)(a)(i) herein, and (ii) the cost for the benefits provided during the Salary Continuation Period under subsection (1)(a)(iil)(a)(ii) herein. A sample of this General Release and Waiver is provided as Exhibit A to this Agreement.

Appears in 1 contract

Samples: Executive Severance Agreement (Orchard Supply Hardware Stores Corp)

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General Release and Waiver. Upon Executive’s Date of Termination (whether initiated by Sears OSH or Executive in accordance with subsection 1(a) above) potentially entitling Executive to Severance Benefits, Executive will execute a binding general release and waiver of claims in a form to be provided by Sears OSH (“General Release and Waiver”), which is incorporated by reference under this Agreement. This General Release and Waiver will be in a form substantially similar to the attached sample. If the General Release and Waiver is not signed within the time required by the waiver or is signed but subsequently revoked, Executive will not continue to receive any Severance / /20 Benefits otherwise payable under subsection 1(a) above. Further, Executive shall be obligated to reimburse Sears OSH for any portion of (i) the Salary Continuation paid during the Salary Continuation Period under subsection (1)(a)(i) herein, and (ii) the cost for the benefits provided during the Salary Continuation Period under subsection (1)(a)(ii) herein. A sample of this General Release and Waiver is provided as Exhibit A to this Agreement.

Appears in 1 contract

Samples: Executive Severance Agreement (Orchard Supply Hardware Stores Corp)

General Release and Waiver. Upon Executive’s Date of Termination (whether initiated by Sears or Executive in accordance with subsection 1(a) above) potentially entitling Executive to Severance Benefits, Executive will execute a binding general release and waiver of claims in a form to be provided by Sears (“General March 2016 Release and Waiver”), which is incorporated by reference under this Agreement. This General Release and Waiver will be in a form substantially similar to the attached sample. If the General Release and Waiver is not signed within the time required by the waiver or is signed but subsequently revoked, Executive will not continue to receive any Severance Benefits otherwise payable under subsection 1(a) above. Further, Executive shall be obligated to reimburse Sears for any portion of (i) the Salary Continuation paid during the Salary Continuation Period under subsection (1)(a)(i) herein, and (ii) the cost for the benefits provided during the Salary Continuation Period under subsection (1)(a)(ii) herein. A sample of this General Release and Waiver is provided as Exhibit A to this Agreement.

Appears in 1 contract

Samples: Executive Severance Agreement (Sears Holdings Corp)

General Release and Waiver. Upon Executive’s Date of Termination (whether initiated by Sears or Executive in accordance with subsection 1(a) above) potentially entitling Executive to Severance Benefits, Executive will execute a binding general release and waiver of claims in a form to be provided by Sears (“General Release and Waiver”), which is incorporated by reference under this Agreement. This General Release and Waiver will be in a form substantially similar to the attached sample. If the General Release and Waiver is not signed within the time required by the waiver or is signed but subsequently revoked, Executive will not continue to receive any Severance Benefits otherwise payable under subsection 1(a) above. Further, Executive shall be obligated to reimburse Sears for any portion of (i) the Salary Continuation paid during the Salary Continuation Period under subsection (1)(a)(i) herein, and (ii) the cost for the benefits provided during the Salary Continuation Period under subsection (1)(a)(ii) herein. A sample of this General Release and Waiver is provided as Exhibit A to this Agreement. Upon Executive’s executing the General Release and Waiver, Sears agrees to sign a binding general release and waiver of claims against Executive, which shall exclude claims provided for under any applicable compensation or benefit agreement or plan document and claims regarding compliance with this Agreement and shall be subject to the Sears corporate charter and bylaws.

Appears in 1 contract

Samples: Executive Severance Agreement (Sears Holdings Corp)

General Release and Waiver. Upon Executive’s Date of Termination termination (whether initiated by Sears SHO or Executive in accordance with subsection 1(al (a) above) potentially entitling Executive to Severance Benefits, Executive will execute a binding general release and waiver of claims in a form to be provided by Sears SHO (“General Release and Waiver”), which is incorporated by reference under in this Agreement. This The General Release and Waiver will be in a form substantially similar to the form attached sampleas Appendix B to this Agreement. If the General Release and Waiver is not signed within the time required by the waiver or is signed but subsequently revoked, Executive will not continue to receive any Severance Benefits otherwise payable under subsection 1(aI (a) above. Further, Executive shall be obligated to reimburse Sears SHO for any portion of (i) the Salary Continuation paid during the Salary Continuation Period under subsection (1)(a)(i1 ) (a)(i) herein, and (ii) the cost for the benefits provided during the Salary Continuation Period under subsection (1)(a)(iil)(a)(ii) herein. A sample of this General Release and Waiver is provided as Exhibit A to this Agreement.

Appears in 1 contract

Samples: Executive Severance Agreement (Sears Hometown & Outlet Stores, Inc.)

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