Common use of No Further Liability; Release Clause in Contracts

No Further Liability; Release. Other than providing the compensation and benefits provided for in accordance with this Section 4, the Company shall have no further obligation or liability to Executive or any other person under this Agreement. The payment of any amounts pursuant to this Section 4 (other than payments required by law) is expressly conditioned upon the delivery by Executive to the Company, within 45 days after the date of the termination of Executive’s employment (and the revocation period for the release lapsing without revocation within such 45 day period), of a general release in form and substance reasonably satisfactory to the Company of any and all claims Executive may have against the Company and its directors, officers, employees, subsidiaries, affiliates, stockholders, successors, assigns, agents and representatives. At the time Executive delivers his general release to the Company, the Company shall deliver a release of its claims against Executive other than those claims which would arise from Executive’s fraudulent, criminal or otherwise intentional wrongful misconduct or from Executive’s knowing violation of federal or state laws or regulations. If any payment or benefit provided pursuant to this Section 4 that is subject to the receipt of the release constitutes nonqualified deferred compensation subject to Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), and could potentially be made or provided in two different calendar years based on when Executive signs and delivers the release, such payment or benefit shall be made or provided no earlier than the first business day of the second of such calendar years.

No Further Liability; Release. Other than providing the compensation and benefits provided for in accordance with this Section 4, the Company shall have no further obligation or liability to Executive or any other person under this Agreement. The payment of any amounts pursuant to this Section 4 (other than payments required by law) is expressly conditioned upon the delivery by Executive to the Company, within 45 days after the date of the termination of Executive’s employment (and the revocation period for the release lapsing without revocation within such 45 day period), of a general release in form and substance reasonably satisfactory to the Company of any and all claims Executive may have against the Company and its directors, officers, employees, subsidiaries, affiliates, stockholders, successors, assigns, agents and representatives. At the time Executive delivers his general release to the Company, the Company shall deliver a release of its claims against Executive other than those claims which would arise from Executive’s fraudulent, criminal or otherwise intentional wrongful misconduct or from Executive’s knowing violation of federal or state laws or regulations. If any payment or benefit provided pursuant The payments to this Section 4 that is Executive subject to the receipt of the release constitutes nonqualified deferred compensation subject to Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), and could potentially be made or provided in two different calendar years based on when Executive signs and delivers the release, such payment or benefit shall be made or provided no earlier to Executive at the later of (A) such times as specified in the applicable provisions of this Section 4, (B) after the end of the revocation period for the release has lapsed without revocation, and (C) if the fifty-fifth (55th) calendar day following the date of termination is in a different calendar year than the first business day date of termination, then on the second of such fifty-fifth (55th) calendar yearsday.

No Further Liability; Release. Other than providing the compensation and benefits provided for in accordance with this Section 4, the Company shall have no further obligation or liability to Executive or any other person under this Agreement. The payment of any amounts pursuant to this Section 4 (other than payments required by law) is expressly conditioned upon the delivery by Executive to the Company, within 45 days after the date of the termination of Executive’s employment (and the revocation period for the release lapsing without revocation within such 45 45-day period), of a general release in form and substance reasonably satisfactory to the Company of any and all claims Executive may have against the Company and its directors, officers, employees, subsidiaries, affiliates, stockholders, successors, assigns, agents and representatives. At the time Executive delivers his general release to the Company, the Company shall deliver a release of its claims against Executive other than those claims which would arise from Executive’s fraudulent, criminal or otherwise intentional wrongful misconduct or from Executive’s knowing violation of federal or state laws or regulations. If any payment or benefit provided pursuant The payments to this Section 4 that is Executive subject to the receipt of the release constitutes nonqualified deferred compensation subject to Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), and could potentially be made or provided in two different calendar years based on when Executive signs and delivers the release, such payment or benefit shall be made or provided no earlier to Executive at the later of (A) such times as specified in the applicable provisions of this Section 4, (B) after the end of the revocation period for the release has lapsed without revocation and (C) if the fifty-fifth (55th) calendar day following the date of termination is in a different calendar year than the first business day date of termination, then on the second of such fifty-fifth (55th) calendar yearsday.