Common use of Challenges to Validity Clause in Contracts

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. (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(a13 (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.