Survival of Employment Agreement Provisions. Executive and the Company acknowledge and agree that Sections 6(a), 6(d), 8, 9, 10, 11, 12, 13 and 14, together with all subsections thereof, of the Employment Agreement shall remain in full force and effect, and nothing herein terminates, amends or otherwise modifies any provision therein.
Survival of Employment Agreement Provisions. The Term of the Employment Agreement shall end on the Termination Date. The parties acknowledge that the following provisions of the Employment Agreement shall survive the Term of the Employment Agreement: Section 6.10 (Alternative Payment Date for Tax Compliance), all of Article 8 (Excise Taxes), all of Article 9 (Mitigation or Offset; Insurance), Section 10.3 (Enforcement), Sections 11.1 through 11.10 (Release of Claims, Entire Agreement and Modification, Successors, No Waiver, Remedies Not Exclusive, Notices, Governing Law, Counterparts, Captions and Severability) and Section 11.13 (Attorneys Fees). Sections 6.8 (Severance Payment and Benefits Following a Change in Control) and 7.1 (Change in Control) remain in effect for 120 days after the Termination Date. Section 10.1 (Confidentiality) remains in effect for five years after the Termination Date. Section 10.2 (Solicitation of Employees) remains in effect for two years after the Termination Date. All of the provisions enumerated above are referred to in this Agreement as the “Surviving Provisions.”
Survival of Employment Agreement Provisions. Sections 7, 9, 10, 13 and 14 of the Employment Agreement and Sections I.3, Sections II, III, IV, V and VI.18 of the Supplementary Terms and, in each case, all related definitions, shall survive the Termination Date and be effective for such respective periods contemplated by the Employment Agreement and the Supplementary Terms.
Survival of Employment Agreement Provisions. The provisions of Sections III(D), V, VI, VIII, IX and X of the Employment Agreement are incorporated herein by reference, shall survive after the Effective Date and expiration of the Employment Agreement and shall continue in full force and effect as though expressly set forth in this Agreement. Executive and BancTec each hereby ratify Sections III(D), V, VI, VIII, IX and X of the Employment Agreement. Notwithstanding the foregoing, if BancTec involuntarily terminates an officer or employee, then the Executive shall not be prohibited from soliciting such terminated officer or employee under Section IX of the Employment
Survival of Employment Agreement Provisions. The provisions of Sections V, VIII, IX and X of the Employment Agreement are incorporated herein by reference, shall survive after the Effective Date and expiration of the Employment Agreement and shall continue in full force and effect as though expressly set forth in this Agreement. Executive and BancTec each hereby ratify Sections V, VIII, IX and X of the Employment Agreement. Notwithstanding the foregoing, if BancTec involuntarily terminates an officer or employee, then the Executive shall not be prohibited from soliciting such terminated officer or employee under Section IX of the Employment Agreement. Executive further acknowledges and agrees that (a) Executive has received Protected Information (defined in the Employment Agreement); (b) that BancTec is relying on Executive’s continuing agreement to comply with Sections VIII, IX and X of the Employment Agreement in entering into this Agreement; and (c) Executive is receiving consideration for his agreement to continue to comply with Sections VIII, IX and X of the Employment Agreement. In addition, Executive and BancTec agree to keep completely confidential the amount and terms of this Agreement and the circumstances giving rise to this Agreement, and will not disclose, directly or indirectly, any such information to any person or entity (unless the terms hereof have been made public by BancTec) with the exception that the Contracting Parties may disclose information regarding this Agreement to their attorneys, spouses, and to a professional tax advisor or tax return preparer for the limited purpose of obtaining advice regarding or preparing such tax return or returns as may be necessary and BancTec may advise its corporate officers and HR management personnel. In the event that the Contracting Parties make such limited disclosure to such persons as authorized by this Agreement, the Contracting Party making such disclosure shall affirmatively instruct such persons to abide strictly by the conditions of confidentiality imposed hereunder.
Survival of Employment Agreement Provisions. The parties acknowledge and agree that, without limiting the provisions hereof, pursuant to Article VI, Section 5 of the Employment Agreement, Article III (Inventions, Discoveries and Improvements), and Section IV (Confidentiality of Proprietary Data) shall survive termination of the Employment Agreement.
Survival of Employment Agreement Provisions. The following paragraphs of the Employment Agreement shall continue to apply after the Termination Date in accordance with their terms: Paragraph 7(f) (relating to offset for subsequent employment), Paragraph 8 (relating to noncompetition, nonsolicitation and confidentiality and non-disparagement), 9 (c) (relating to arbitration) and 9 (n) (relating to governing law). It is expressly agreed by the Company, however, that Paragraph 7 (f) shall have no applicability and be of no force or effect prior to January 15, 2005 so that Executive shall be guaranteed a minimum severance of at least four (4) months Salary.
Survival of Employment Agreement Provisions. Sections 9 through 12 inclusive of the Employment Agreement and all related definitions shall survive the Termination Date and be effective for such respective periods contemplated by the Employment Agreement.
Survival of Employment Agreement Provisions. 6.1 The Consultant acknowledges and agrees that in accordance with paragraph 10 of the Employment Agreement certain provisions of the Employment Agreement (including, without limitation, provisions regarding “Confidential Information” and “Work Product” as such terms are defined therein) survive the termination of the Employment Agreement and the termination of Consultant’s employment by the Company.
Survival of Employment Agreement Provisions. I and the Bank acknowledge and agree that the provisions of the Employment Agreement under Sections 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 shall continue in effect notwithstanding the termination of my employment.
