Challenges to Validity Clause Samples
The "Challenges to Validity" clause defines the process and grounds by which a party may contest the legal enforceability or correctness of a contract or specific provision. Typically, this clause outlines the procedures for raising objections, the timeframe for doing so, and the types of issues that may be challenged, such as fraud, mistake, or lack of capacity. Its core function is to provide a clear mechanism for addressing and resolving disputes over the legitimacy of contractual terms, thereby reducing uncertainty and ensuring that only valid and enforceable agreements are upheld.
Challenges to Validity. Should Employee attempt to challenge the enforceability of this Release, Employee agrees first: (1) to deliver a certified check to the Company for all amounts he has received because he signed this Release, plus 10 percent interest per annum; (2) to direct in writing that all future benefits or payments Employee is to receive because he signed this Release be suspended; and (3) to invite the Company to cancel this Release. If the Company accepts Employee's offer, this Release will be canceled. If it rejects Employee's offer, the Company will notify Employee and deposit the amount Employee repaid, plus all suspended future benefits and payments, in an interest-bearing account pending a determination of the enforceability of this Release. If the Release is determined to be enforceable, the Company is to pay Employee the amount in the account, less any amounts Employee owes the Company. If the Release is determined to be unenforceable, the amount credited to the account shall be paid to the entities that paid the consideration for this Release in proportion to their payments, and the suspension of future benefits or payments shall become permanent.
Challenges to Validity. Should I attempt to challenge the enforceability of this Release, I agree first (1) to deliver a certified check to the Company for all amounts I have received because I signed this Release, plus 10 percent interest per annum, (2) to direct in writing that all future benefits or payments I am to receive because I signed this Release be suspended, and (3) to invite the Company to cancel this Release. If the Company accepts my offer, this Release will be canceled. If it rejects my offer, the Company will notify me and deposit the amount I repaid, plus all suspended future benefits and payments, in an interest-bearing account pending a determination of the enforceability of this Release. If the Release is determined to be enforceable, the Company is to pay me the amount in the account, less any amounts I owe the Company. If the Release is determined to be unenforceable, the amount credited to the account shall be paid to the entities that paid the consideration for this Release in proportion to their payments, and the suspension of future benefits or payments shall become permanent.
Challenges to Validity. Should you attempt to challenge the formation ---------------------- or enforceability of the Agreement and/or this General Release, you shall initially tender, by certified check delivered to Amgen, all amounts received pursuant to the Agreement, other than the monthly compensation paid to you under Paragraph 2.1 of the Agreement, plus interest at the legal rate and invite Amgen to cancel the Agreement. In the event Amgen accepts this offer, the Agreement shall be canceled. In the event Amgen does not accept this offer, Amgen shall so notify you and the amount tendered by you shall be placed in an interest-bearing account pending a determination of the enforceability of the Agreement and/or this General Release. If the Agreement and this General Release are determined to be enforceable, the amount in the account shall be repaid to you; if the Agreement and/or this General Release are determined not to be enforceable, the amount in the account shall be retained by Amgen or its designee.
Challenges to Validity. Should I attempt to challenge the enforceability of the release of Claims in Section 3(b), I agree first (1) to deliver a certified check to Semtech for all amounts I have received on account of my release of Claims because I signed this Agreement, plus 8 percent interest per annum, (2) to direct in writing that all future benefits or payments I am to receive because I signed this Agreement be suspended, and (3) to invite Semtech to cancel this Agreement. If Semtech accepts my offer, this Agreement will be canceled. If it rejects my offer, Semtech will notify me and deposit the amount I repaid, plus all suspended future benefits and payments, in an interest-bearing account pending a determination of the enforceability of this Agreement. If the release of Claims in Section 3(b) is determined to be enforceable, Semtech is to pay me the amount in the account, less any amounts I owe Semtech. If the release of Claims in Section 3(b) is determined to be unenforceable, the amount credited to the account shall be paid to the entities that paid the consideration for this Agreement in proportion to their payments, and the suspension of future benefits or payments shall become permanent.
Challenges to Validity. Should ▇▇▇▇▇▇ attempt to challenge the enforceability of this Release, ▇▇▇▇▇▇ agrees first (1) to deliver a certified check to NWEC for all amounts he has received because he signed this Release (2) to direct in writing that all future benefits or payments ▇▇▇▇▇▇ is to receive because he signed this Release be suspended, and (3) to invite NWEC to cancel this Release. If NWEC accepts ▇▇▇▇▇▇’▇ offer, this Release will be canceled. If it rejects ▇▇▇▇▇▇’▇ offer, NWEC will notify ▇▇▇▇▇▇ and deposit the amount ▇▇▇▇▇▇ repaid, plus all suspended future benefits and payments, in an interest-bearing account pending a determination of the enforceability of this Release. If the Release is determined to be enforceable, NWEC is to pay ▇▇▇▇▇▇ the amount in the account, less any amounts ▇▇▇▇▇▇ owes NWEC. If the Release is determined to be unenforceable, the amount credited to the account shall be paid to the entities that paid the consideration for this Release in proportion to their payments, and the suspension of future benefits or payments shall become permanent.
Challenges to Validity. Should I attempt to challenge the ---------------------- enforceability of this Release, I agree first to deliver a certified check to the Company for all amounts I have received because I signed this Release, plus ten percent interest per annum, and to invite the Company to cancel this Release. If the Company accepts my offer, this Release will be canceled. If it rejects my offer, the Company will notify me and deposit the amount I repaid in an interest-bearing account pending a determination of the enforceability of this Release. If the Release is determined to be enforceable, the Company will pay me the amount in the account. If this Release is not enforceable, the Company or its designee is to retain the account. Section 5 -- Consideration Of Release ------------------------ I acknowledge that, before signing this Release, I was given a period of at least 21 calendar days to review and consider this Release. I further acknowledge that: (a) I took advantage of this period to consider this Release before signing it; (b) I carefully read this Release; (c) I fully understand it; and (d) I am entering into it voluntarily. I further acknowledge that the Company strongly encouraged me to discuss this Release with my attorney (at my own expense) before signing this Release and that, to the extent I deemed it appropriate, I did so.
Challenges to Validity. (a) Should Employee attempt to challenge the enforceability of this Release, Employee agrees first to deliver a certified check to the Company for all cash benefits received in conjunction with this Release and to invite the Company to cancel this Release. If the Company accepts Employee’s offer, this Release will be canceled. If it rejects Employee’s offer, the Company will notify employee and deposit the amount repaid in an interest-bearing account pending a determination of the enforceability of this Release. If the Release is determined to be enforceable, the Company will pay Employee the amount in the account, less any amounts Employee owes the Company. If this Release is not enforceable, the Company or its designee is to retain the account.
(b) The provisions of Subsection 12(a) shall not be applicable to challenges to the validity of this Release under the ADEA or Older Workers Benefit Protection Act, nor will the Company seek any damages of any sort against Employee for Employee’s having made such a challenge.
Challenges to Validity. Individual agrees that, before he may attempt to rescind this Separation Agreement, revoke it as provided in Section 17, or have it declared rescinded or invalid as a whole, he must first to offer to cancel this Separation Agreement by notifying the Company of that offer, which must be accompanied by a certified check, issued by a bank in the United States insured by the Federal Deposit Insurance Corporation, to the Company in an amount equal to all amounts Individual has received in connection with this Separation Agreement, including amounts Individual has directed be applied by the Company to obligations Individual has or has had to the Company. If the Company accepts Individual's offer, the Company may deposit the check in its name and this Separation Agreement will be canceled. If it rejects Individual's offer, the Company will notify Individual and deposit the check in an interest-bearing account pending a determination of the validity or continued enforceability of this Separation Agreement. If it is determined that this Separation Agreement is not invalid or should not be rescinded, the Company will pay Individual the amount in the account, less any amounts Individual owes the Company. If Individual revokes this Separation Agreement as provided in Section 17, or it is determined that this Separation Agreement is invalid or should be rescinded, the Company or its designee is to retain that amount.
Challenges to Validity. Should Moreton attempt to challenge the formation or enforceability of this Agreement (except with respect to claims released under Subparagraph 3.2.4, which claims he acknowledges are completely and forever waived) or the Confidentiality Agreement, Moreton shall initially tender, by certified check delivered to the Company, all amounts received pursuant to this Agreement, plus interest at the legal rate and invite the Company to cancel this Agreement. In the event the Company accepts this offer, this Agreement shall be canceled. In the event the Company does not accept this offer, the Company shall so notify Moreton and the amount tendered by Moreton shall be placed in an interest-bearing account pending a determination of the enforceability of this Agreement. If the Agreement is determined to be enforceable, the amount in the account shall be repaid to Moreton; if this Agreement is determined not to be enforceable, the Company or its designee shall retain the amount in the account.
Challenges to Validity. Should I attempt to challenge the ---------------------- enforceability of this Release, I agree first to deliver a certified check to the Company for all amounts I have received because I signed this Release, plus ten percent interest per annum, and to invite the Company to cancel this Release. If the Company accepts my offer, this Release will be canceled. If it rejects my offer, the Company will notify me and deposit the amount I repaid in an interest-bearing account pending a determination of the enforceability of this Release. If the Release is determined to be enforceable, the Company will pay me the amount in the account. If this Release is not enforceable, the Company or its designee is to retain the account.