Examples of Compensation and Benefits Assurance Agreement in a sentence
Capitalized terms used in this Agreement that (i) are not expressly defined herein and (ii) are defined in the Compensation and Benefits Assurance Agreement shall have the respective meanings given to those terms in the Compensation and Benefits Assurance Agreement.
The Company and Executive entered into an Amended and Restated Compensation and Benefits Assurance Agreement dated April 24, 2008 (the “CIC Agreement”).
The Company shall withhold from any amounts payable under this Compensation and Benefits Assurance Agreement all federal, state, city, or other taxes as legally required to be withheld.
In the event any provision of this Compensation and Benefits Assurance Agreement shall be held illegal or invalid for any reason, the illegality or invalidity shall not affect the remaining parts of this Compensation and Benefits Assurance Agreement, and this Compensation and Benefits Assurance Agreement shall be construed and enforced as if the illegal or invalid provision had not been included.
Moreover, the Compensation and Benefits Assurance Agreement may be terminated by the Company at the end of the Company's fiscal year during which Executive attains the age of sixty (60) years.
Therefore, it is important to the continued success of the Company that the Company continue to have the benefit of Executive’s advice, counsel and services, and for such reasons the Company desires to provide Executive with the benefits set forth in this Amended and Restated Compensation and Benefits Assurance Agreement (as amended and restated, this “Agreement”).
The Company will require any successor (whether via a Change in Control, direct or indirect, by purchase, merger, consolidation, or otherwise) of the Company to expressly assume and agree to perform the obligations under this Compensation and Benefits Assurance Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place.
In no event shall Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to Executive under any of the provisions of this Compensation and Benefits Assurance Agreement, nor shall the amount of any payment hereunder be reduced by any compensation earned by Executive as a result of employment by another employer, other than as provided in Subparagraph 4(c)(v) herein.
This Compensation and Benefits Assurance Agreement establishes in Executive a right to the benefits to which Executive is entitled hereunder.
To the extent not preempted by the laws of the United States, the laws of the State of North Carolina shall be the controlling law in all matters relating to this Compensation and Benefits Assurance Agreement.