Common use of Non-Applicability Clause in Contracts

Non-Applicability. Notwithstanding the terms of Sections 6.2 and 3.2, the parties agree that any payments to be made to the EXECUTIVE for termination for any reason or non-renewal after the expiration of the Term, other than as set out in Section 6.2 (i) and (ii), shall not be payable in the event that continued employment by BIRKS and the reinstatement as a consultant for Iniziativa, S.A. is offered and available to the EXECUTIVE.