Common use of Separation Agreement and Release of Claims Clause in Contracts

Separation Agreement and Release of Claims. The Executive’s receipt of any severance payments or benefits upon the Executive’s Qualified Termination under Section 3 is subject to the Executive signing and not revoking the Company’s then-standard separation agreement and release of claims (which may include an agreement not to disparage any member of the Company, non-solicit provisions, and other standard terms and conditions) (the “Release” and such requirement, the “Release Requirement”), which must become effective and irrevocable no later than the date specified by the Company in the Release (the “Release Deadline”); provided that the Release Deadline will be no later than 60 days following the Executive’s Qualified Termination. If the Release does not become effective and irrevocable by the Release Deadline, the Executive will forfeit any right to severance payments or benefits under Section 3. In no event will severance payments or benefits under Section 3 be paid or provided until the Release actually becomes effective and irrevocable. None of the severance payments and benefits payable upon such Executive’s Qualified Termination under Section 3 will be paid or otherwise provided prior to the 60th day following the Executive’s Qualified Termination. Except to the extent that payments are delayed under Section 5(b), on the first regular payroll pay day following the 60th day following the Executive’s Qualified Termination, the Company will pay or provide the Executive the severance payments and benefits that the Executive would otherwise have received under Section 3 on or prior to such date, with the balance of such severance payments and benefits being paid or provided as originally scheduled.

Separation Agreement and Release of Claims. The Executive’s receipt payment of any severance payments or benefits set forth in Section 6(a) and Section 6(b) above is contingent upon the Executive’s Qualified Termination under Section 3 is subject to the Executive signing and not revoking the Company’s then-standard a separation agreement and release of claims agreement with the Company (which may include an agreement not to disparage any member of the Company, non-solicit provisions, and provisions and/or other standard terms and conditions) in a form reasonably acceptable to the Company (the “Release” ”) upon or following Executive’s separation from service and such requirement, the “Release Requirement”), which must become becoming effective and irrevocable no later than the date specified by the Company in the Release sixty (60) days following Executive’s separation from service (such deadline, the “Release Deadline”); provided that the Release Deadline will be no later than 60 days following the Executive’s Qualified Termination. If the Release does not become effective and irrevocable by the Release Deadline, the Executive will forfeit any right rights to severance payments or benefits under Section 3this Agreement. In no event will severance payments or benefits under Section 3 be paid or provided until the Release actually becomes effective and irrevocableeffective. None of the Any severance payments and benefits payable upon such Executive’s Qualified Termination under Section 3 this Agreement will be paid or otherwise provided prior to on, or, in the 60th case of installments, will not commence until, the sixtieth (60th) day following the Executive’s Qualified Terminationseparation from service, or, if later, such time as required by Section 7(b)(ii). Except to the extent that payments are delayed under as required by Section 5(b7(b)(ii), on the first regular payroll pay day following the 60th day following the Executive’s Qualified Termination, the Company will pay or provide the Executive the severance any payments and benefits that would have been made to Executive during the sixty (60)-day period immediately following Executive’s separation from service but for the preceding sentence will be paid to Executive would otherwise on the sixtieth (60th) day following Executive’s separation from service and the remaining payments will be made as provided in this Agreement. In no event will Executive have received under Section 3 on or prior discretion to such date, with determine the balance taxable year of such payment of any severance payments and benefits being paid or provided as originally scheduledbenefits.

Separation Agreement and Release of Claims. The Executive’s receipt of any severance payments or benefits upon the Executive’s Qualified Termination under Section 3 7 is subject to the Executive signing and not revoking the Company’s then-standard separation agreement and release of claims (which may include restrictive covenants, including, but not limited to, an agreement not to disparage any member of the CompanyCompany Group, non-solicit provisions, an agreement to assist in any litigation matters, and other standard terms and conditions) (the “Release” and such that requirement, the “Release Requirement”), which must become effective and irrevocable no later than the date specified by the Company in the Release 60th day following Executive’s Qualified Termination (the “Release Deadline”); provided that the Release Deadline will be no later than 60 days following the Executive’s Qualified Termination. If the Release does not become effective and irrevocable by the Release Deadline, the Executive will forfeit any right to severance payments or benefits under Section 37. In no event will severance payments or benefits under Section 3 7 be paid or provided until the Release actually becomes effective and irrevocable. None of the severance payments and benefits payable upon such Executive’s Qualified Termination under Section 3 will be paid or otherwise provided prior to the 60th day following the Executive’s Qualified Termination. Except to To the extent that payments are delayed under Section 5(b9(c), on the first regular payroll pay day following the 60th day following the Executive’s Qualified Termination, the Company will pay or provide the Executive the severance payments and benefits that the Executive would otherwise have received under Section 3 7 on or prior to such that date, with the balance of such the severance payments and benefits being paid or provided as originally scheduled.

Separation Agreement and Release of Claims. The Executive’s receipt of any severance payments or benefits upon the Executive’s Qualified Termination under Section 3 3(a) or (b) is subject to the Executive signing and not revoking the Company’s then-standard separation agreement and release of claims (which may include an agreement not to disparage any member of the CompanyCompany Group, non-solicit provisions, and other standard terms and conditions) (the “Release” and such requirement, the “Release Requirement”), which must become effective and irrevocable no later than the date specified by 60th day following the Company in the Release Executive’s termination of employment (the “Release Deadline”); provided that the Release Deadline will be no later than 60 days following the Executive’s Qualified Termination. If the Release does not become effective and irrevocable by the Release Deadline, the Executive will forfeit any right to severance payments or benefits under Section 3. In no event will severance payments or benefits under Section 3 be paid or provided until the Release actually becomes effective and irrevocable. None of the severance payments and benefits payable upon such Executive’s Qualified Termination under Section 3 will be paid or otherwise provided prior to the 60th 55th day following the Executive’s Qualified Termination. Except to the extent that payments are delayed under Section 5(b), on the first regular payroll pay day following the 60th 55th day following the Executive’s Qualified Termination, the Company will pay or provide the Executive the severance payments and benefits that the Executive would otherwise have received under Section 3 on or prior to such date, with the balance of such severance payments and benefits being paid or provided as originally scheduled.

Separation Agreement and Release of Claims. The Executive’s receipt of any severance payments or benefits upon the Executive’s Qualified Termination qualified termination under Section 3 is subject to the Executive signing and not revoking the CompanyCompany Group’s then-standard separation agreement and release of claims (which may include an agreement not to disparage any member of the CompanyCompany Group, a confidentiality clause, non-solicit provisions, an agreement to assist in any litigation matters, and other standard terms and conditions) (the “Release” and such that requirement, the “Release Requirement”), which must become effective and irrevocable no later than the date specified by 60th day following the Company in the Release Executive’s qualified termination (the “Release Deadline”); provided that the Release Deadline will be no later than 60 days following the Executive’s Qualified Termination. If the Release does not become effective and irrevocable by the Release DeadlineDeadline due to the actions of the Executive (including refusal to sign the Release), the Executive will forfeit any right to severance payments or benefits under Section 3. In no event will severance payments or benefits under Section 3 be paid earned or provided until the Release actually becomes effective and irrevocable. None If earned, none of the severance payments and benefits payable upon such the Executive’s Qualified Termination qualified termination under Section 3 will be paid or otherwise provided prior to the 60th day following the Executive’s Qualified Terminationqualified termination. Except with respect to (1) the extent that payments are delayed under Section 5(b5(c), or (2) the timing of settlement of equity awards under Section 3(b)(iv), on the first regular payroll pay day following the 60th day following the Executive’s Qualified Terminationqualified termination, the Company or the Employer will pay or provide the Executive the severance payments and benefits that the Executive would otherwise have received under Section 3 on or prior to such that date, with the balance of such the severance payments and benefits being paid or provided as originally scheduled.

Separation Agreement and Release of Claims. The Executive’s receipt of any severance payments or benefits upon the Executive’s Qualified Termination under Section 3 is subject to the Executive signing and not revoking the Company’s then-standard separation agreement and release of claims (which may include an agreement not to disparage any member of the CompanyCompany Group, a confidentiality clause, non-solicit provisions, an agreement to assist in any litigation matters, and other standard terms and conditions) (the “Release” and such that requirement, the “Release Requirement”), which must become effective and irrevocable no later than the date specified by 60th day following the Company in the Release Executive’s Qualified Termination (the “Release Deadline”); provided that the Release Deadline will be no later than 60 days following the Executive’s Qualified Termination. If the Release does not become effective and irrevocable by the Release Deadline, the Executive will forfeit any right to severance payments or benefits under Section 3. In no event will severance payments or benefits under Section 3 be paid earned or provided until the Release actually becomes effective and irrevocable. None If earned, none of the severance payments and benefits payable upon such the Executive’s Qualified Termination under Section 3 will be paid or otherwise provided prior to the 60th day following the Executive’s Qualified Termination. Except with respect to (1) the extent that payments are delayed under Section 5(b5(c), or (2) the timing of settlement of equity awards under [Section 3(a)(iii) or] Section 3(b)(iv), on the first regular payroll pay day following the 60th day following the Executive’s Qualified Termination, the Company will pay or provide the Executive the severance payments and benefits that the Executive would otherwise have received under Section 3 on or prior to such that date, with the balance of such the severance payments and benefits being paid or provided as originally scheduled.

Separation Agreement and Release of Claims. The Executive’s receipt of any severance payments or benefits upon the Executive’s Qualified Termination under Section 3 4 is subject to the Executive signing and not revoking the Company’s then-standard a separation agreement and release of claims to be provided by the Company Group (which may include an agreement not to disparage any member of the CompanyCompany Group, non-solicit provisions, and other standard terms and conditions) (the “Release” and such requirement, the “Release Requirement”), which must become effective and irrevocable no later than the date specified by 60th day following the Company in the Release Executive’s Qualified Termination (the “Release Deadline”); provided that the Release Deadline will be no later than 60 days following the Executive’s Qualified Termination. If the Release does not become effective and irrevocable by the Release Deadline, the Executive will forfeit any right to severance payments or benefits under Section 34. In no event will severance payments or benefits under Section 3 4 be paid or provided until the Release actually becomes effective and irrevocable. None of the severance payments and benefits payable upon such Executive’s Qualified Termination under Section 3 4 will be paid or otherwise provided prior to the 60th day following the Executive’s Qualified Termination. Except to the extent that payments are delayed under Section 5(b6(b), on the first regular payroll pay day following the 60th day following the Executive’s Qualified Termination, the Company will pay or provide the Executive the severance payments and benefits that the Executive would otherwise have received under Section 3 4 on or prior to such date, with the balance of such severance payments and benefits being paid or provided as originally scheduled.

Separation Agreement and Release of Claims. The Executive’s receipt of any severance payments or benefits upon the Executive’s Qualified Termination under Section 3 is subject to the Executive signing and not revoking the Company’s then-standard separation agreement and release of claims (which may include an agreement not to disparage any member of the CompanyCompany Group, a confidentiality clause, non-solicit provisions, an agreement to assist in any litigation matters, and other standard terms and conditions) (the “Release” and such that requirement, the “Release Requirement”), which must become effective and irrevocable no later than the date specified by 60th day following the Company in the Release Executive’s Qualified Termination (the “Release Deadline”); provided that the Release Deadline will be no later than 60 days following the Executive’s Qualified Termination. If the Release does not become effective and irrevocable by the Release Deadline, the Executive will forfeit any right to severance payments or benefits under Section 3‎3. In no event will severance payments or benefits under Section 3 ‎3 be paid earned or provided until the Release actually becomes effective and irrevocable. None If earned, none of the severance payments and benefits payable upon such the Executive’s Qualified Termination under Section 3 ‎3 will be paid or otherwise provided prior to the 60th day following the Executive’s Qualified Termination. Except with respect to (1) the extent that payments are delayed under Section 5(b5(c), or (2) the timing of settlement of equity awards under Section 3(a)(iii) or Section 3(b)(iv), on the first regular payroll pay day following the 60th day following the Executive’s Qualified Termination, the Company will pay or provide the Executive the severance payments and benefits that the Executive would otherwise have received under Section 3 ‎3 on or prior to such that date, with the balance of such the severance payments and benefits being paid or provided as originally scheduled.

Separation Agreement and Release of Claims. The Executive’s receipt of any severance payments or other benefits upon the Executive’s Qualified Termination under pursuant to Section 3 is 7(a) or 7(b) will be subject to the Executive signing and not revoking the Company’s then-standard a separation agreement and release of claims (which may include an agreement not to disparage any member of substantially in the Company, non-solicit provisions, and other standard terms and conditions) form appended hereto as Exhibit A (the “Release” ”) and such requirement, provided that the “Release Requirement”), which must become becomes effective and irrevocable no later than sixty (60) days following the termination date specified by the Company in the Release (such deadline, the “Release Deadline”); provided that . The Company shall deliver the Release Deadline in final version to Executive within five (5) business days after the date of termination. No severance or other benefits pursuant to Section 7(a) or 7(b) will be no later than 60 days following paid or provided until the Executive’s Qualified TerminationRelease becomes effective and irrevocable. If the Release does not become effective and irrevocable by the Release Deadline, the Executive will forfeit any right rights to severance or benefits under this Agreement. Any severance payments or benefits under this Agreement that would be considered Deferred Compensation Severance Benefits (as defined in Section 3. In no event 24), will severance payments or benefits under Section 3 be paid or on, or, in the case of installments, will not commence until, the sixtieth (60th) day following Executive’s “separation from service”, or, if later, such time as required by Section 24. Any installment payments that would have been made to Executive during the sixty (60) day period immediately following Executive’s “separation from service” but for the preceding sentence will be paid to Executive on the sixtieth (60th) day following Executive’s “separation from service” and the remaining payments will be made as provided until the Release actually becomes effective and irrevocablein this Agreement. None If Executive should die before all of the severance payments and benefits payable upon amounts have been paid, such Executive’s Qualified Termination under Section 3 unpaid amounts will be paid in a lump-sum payment promptly following such event to Executive’s designated beneficiary, if living, or otherwise provided prior to the 60th day following the personal representative of Executive’s Qualified Termination. Except to the extent that payments are delayed under Section 5(b), on the first regular payroll pay day following the 60th day following the Executive’s Qualified Termination, the Company will pay or provide the Executive the severance payments and benefits that the Executive would otherwise have received under Section 3 on or prior to such date, with the balance of such severance payments and benefits being paid or provided as originally scheduledestate.

Separation Agreement and Release of Claims. The Executive’s receipt of any severance payments or benefits upon the Executive’s Qualified Termination under Section 3 is subject to the Executive signing and not revoking the Company’s then-standard separation agreement and release of claims (which may include an agreement not to disparage any member of the CompanyCompany Group, a confidentiality clause, non-solicit provisions, an agreement to assist in any litigation matters, and other standard terms and conditions) (the “Release” and such that requirement, the “Release Requirement”), which must become effective and irrevocable no later than the date specified by 60th day following the Company in the Release Executive’s Qualified Termination (the “Release Deadline”); provided that the Release Deadline will be no later than 60 days following the Executive’s Qualified Termination. If the Release does not become effective and irrevocable by the Release Deadline, the Executive will forfeit any right to severance payments or benefits under Section 3. In no event will severance payments or benefits under Section 3 be paid earned or provided until the Release actually becomes effective and irrevocable. None If earned, none of the severance payments and benefits payable upon such the Executive’s Qualified Termination under Section 3 will be paid or otherwise provided prior to the 60th day following the Executive’s Qualified TerminationTermination except that the vesting of options or stock appreciation rights under Section 3(a)(iii) or Section 3(b)(iv) will occur on the date the Release becomes effective and irrevocable. Except with respect to (1) the extent that payments are delayed under Section 5(b5(c), or (2) the timing of vesting or settlement of equity awards under Section 3(a)(iii) or Section 3(b)(iv) or as provided herein, on the first regular payroll pay day following the 60th day following the Executive’s Qualified Termination, the Company will pay or provide the Executive the severance payments and benefits that the Executive would otherwise have received under Section 3 on or prior to such that date, with the balance of such the severance payments and benefits being paid or provided as originally scheduled.

Separation Agreement and Release of Claims. The Executive’s receipt of any severance payments or benefits upon the Executive’s Qualified Termination under Section 3 4 is subject to the Executive signing and not revoking the Company’s then-standard separation agreement and release of claims (which may include an agreement not to disparage any member of the CompanyCompany Group, non-solicit provisions, and other standard terms and conditions) (the “Release” and such requirement, the “Release Requirement”), which must become effective and irrevocable no later than the date specified by 60th day following the Company in the Release Executive’s Qualified Termination (the “Release Deadline”); provided that the Release Deadline will be no later than 60 days following the Executive’s Qualified Termination. If the Release does not become effective and irrevocable by the Release Deadline, the Executive will forfeit any right to severance payments or benefits under Section 34. In no event will severance payments or benefits under Section 3 4 be paid or provided until the Release actually becomes effective and irrevocable. None of the severance payments and benefits payable upon such Executive’s Qualified Termination under Section 3 4 will be paid or otherwise provided prior to the 60th day following the Executive’s Qualified Termination. Except to the extent that payments are delayed under Section 5(b6(b), on the first regular payroll pay day following the 60th day following the Executive’s Qualified Termination, the Company will pay or provide the Executive the severance payments and benefits that the Executive would otherwise have received under Section 3 4 on or prior to such date, with the balance of such severance payments and benefits being paid or provided as originally scheduled.

Separation Agreement and Release of Claims. The Executive’s receipt of any severance payments or benefits upon the Executive’s Qualified Termination under Section 3 4 is subject to the Executive signing and not revoking the Company’s then-standard a separation agreement and general release of claims to be provided by the Company Group (which may include an agreement not to disparage any member of the CompanyCompany Group, non-solicit provisions, and other standard terms and conditions) (the “Release” and such requirement, the “Release Requirement”), which must become effective and irrevocable no later than the date specified by 60th day following the Company in the Release Executive’s Qualified Termination (the “Release Deadline”); provided that the Release Deadline will be no later than 60 days following the Executive’s Qualified Termination. If the Release does not become effective and irrevocable by the Release Deadline, the Executive will forfeit any right to severance payments or benefits under Section 34. In no event will severance payments or benefits under Section 3 4 be paid or provided until the Release actually becomes effective and irrevocable. None of the severance payments and benefits payable upon such Executive’s Qualified Termination under Section 3 4 will be paid or otherwise provided prior to the 60th day following the Executive’s Qualified Termination. Except to the extent that payments are delayed under Section 5(b6(b), on the first regular payroll pay day following the 60th day following the Executive’s Qualified Termination, the Company will pay or provide the Executive the severance payments and benefits that the Executive would otherwise have received under Section 3 4 on or prior to such date, with the balance of such severance payments and benefits being paid or provided as originally scheduled.