Forfeitures. In the event that the Executive breaches any of the restrictions in this Paragraph 8, he shall forfeit all of the applicable payments and benefits under this Agreement, including but not limited to such payments and benefits pursuant to Paragraph 7, and the Employer shall have the right to recapture and seek repayment of any such applicable payments and benefits under this Agreement. The Employer and the Executive acknowledge that the remedy set forth hereunder is not to be considered a form of liquidated damages and the forfeiture, recapture or repayment shall not be the exclusive remedy hereunder.
Appears in 9 contracts
Samples: Employment Agreement (Zebra Technologies Corp/De), Employment Agreement (Zebra Technologies Corp/De), Employment Agreement (Zebra Technologies Corp/De)
Forfeitures. In the event that the Executive materially breaches any of the restrictions in this Paragraph Section 8, he shall forfeit all of the applicable payments and benefits under this Agreement, including but not limited to such payments and benefits pursuant to Paragraph Section 7, and the Employer Company shall have the right to recapture and seek repayment of any such applicable payments and benefits under this Agreement. The Employer and the Executive acknowledge that the remedy set forth hereunder is not to be considered a form of liquidated damages and the forfeiture, recapture or repayment shall not be the exclusive remedy hereunder.
Appears in 5 contracts
Samples: Employment Agreement (FreightCar America, Inc.), Employment Agreement (FreightCar America, Inc.), Employment Agreement (FreightCar America, Inc.)
Forfeitures. In the event that the Executive breaches any of the restrictions in this Paragraph 8, he shall forfeit all of the applicable payments and benefits under this Agreement, including but not limited to such payments and benefits pursuant to Paragraph 77 (except those contained in Paragraph 7A or as otherwise prohibited by law), and the Employer shall have the right to recapture and seek repayment of any such applicable payments and benefits under this Agreement. The Employer and the Executive acknowledge that the remedy set forth hereunder is not to be considered a form of liquidated damages and the forfeiture, recapture or repayment shall not be the exclusive remedy hereunder.
Appears in 3 contracts
Samples: Employment Agreement (Zebra Technologies Corp), Employment Agreement (Zebra Technologies Corp), Restricted Stock Agreement (Zebra Technologies Corp)
Forfeitures. In the event that the Executive breaches any of the restrictions in this Paragraph 8, he the Executive shall forfeit all of the applicable payments and benefits under this Agreement, including but not limited to such payments and benefits pursuant to Paragraph 77 (except those contained in Paragraph 7A or as otherwise prohibited by law), and the Employer shall have the right to recapture and seek repayment of any such applicable payments and benefits under this Agreement. The Employer and the Executive acknowledge that the remedy set forth hereunder is not to be considered a form of liquidated damages and the forfeiture, recapture or repayment shall not be the exclusive remedy hereunder.
Appears in 2 contracts
Samples: Employment Agreement (Zebra Technologies Corp), Employment Agreement (Zebra Technologies Corp)
Forfeitures. In the event that the Executive breaches any of the restrictions in this Paragraph 8, he she shall forfeit all of the applicable payments and benefits under this Agreement, including but not limited to such payments and benefits pursuant to Paragraph 7, and the Employer shall have the right to recapture and seek repayment of any such applicable payments and benefits under this Agreement. The Employer and the Executive acknowledge that the remedy set forth hereunder is not to be considered a form of liquidated damages and the forfeiture, recapture or repayment shall not be the exclusive remedy hereunder.
Appears in 1 contract
