Common use of Litigation Assistance Clause in Contracts

Litigation Assistance. Following the termination of Executive's employment for whatever reason, Executive agrees to assist the Employer (upon the Employer's request) with regard to threatened or actual litigation concerning the Employer where Executive has knowledge of the facts relating to such threatened or actual litigation. Executive's assistance in such matter may include, but not be limited to, meeting with the Employer's attorneys and other professional advisors; providing truthful testimony at a deposition, hearing and/or trial; and providing witness statements or affidavits. Employer agrees to provide Executive with reasonable notice of the need for such assistance and to use reasonable efforts to accommodate Executive's schedule and minimize the burdens on Executive. Employer shall, as soon as practicable, reimburse Executive's reasonable out-of-pocket expenses associated with such assistance and shall, as soon as practicable, pay to Executive the sum of $150 per hour for Executive's time devoted to these obligations; provided, however, that any reimbursement payments or other payments made to Executive pursuant to this Section 11 shall be paid no later than March 15 of the calendar year immediately following the expiration of the calendar year in which the related expense was incurred or the service was rendered, as applicable.

Appears in 4 contracts

Samples: Employment Agreement (Atherogenics Inc), Employment Agreement (Atherogenics Inc), Employment Agreement (Atherogenics Inc)

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Litigation Assistance. Following the termination of Executive's ’s employment for whatever reason, Executive agrees to assist the Employer (upon the Employer's ’s request) with regard to threatened or actual litigation concerning the Employer where Executive has knowledge of the facts relating to such threatened or actual litigation. Executive's ’s assistance in such matter may include, but not be limited to, meeting with the Employer's ’s attorneys and other professional advisors; providing truthful testimony at a deposition, hearing and/or trial; and providing witness statements or affidavits. Employer agrees to provide Executive with reasonable notice of the need for such assistance and to use reasonable efforts to accommodate Executive's ’s schedule and minimize the burdens on Executive. Employer shall, as soon as practicable, reimburse Executive's ’s reasonable out-of-pocket expenses associated with such assistance and shall, as soon as practicable, pay to Executive the sum of $150 per hour for Executive's ’s time devoted to these obligations; provided, however, that any reimbursement payments or other payments made to Executive pursuant to this Section 11 shall be paid no later than March 15 of the calendar year immediately following the expiration of the calendar year in which the related expense was incurred or the service was rendered, as applicable.

Appears in 4 contracts

Samples: Amended Employment Agreement (Atherogenics Inc), Amended Employment Agreement (Atherogenics Inc), Amended Employment Agreement (Atherogenics Inc)

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