Release Clause Example with 10 Variations from Business Contracts
This page contains Release clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Release. This Section 8 will apply only upon termination of Executive's employment during the Contract Period (a) by DDR without Cause, (b) by Executive for Good Reason, (c) by reason of Executive's death or (d) by DDR pursuant to Section 6.1 following Executive's disability. 8.1 Presentation of Release by DDR. If this Section 8 applies, DDR may present to Executive (or in the case of Executive's death or legal incapacity, to Executive's personal representative), not later than 21 days after the Terminat...ion Date, a form of release (a "Release") of all current and future claims, known or unknown, arising on or before the date on which the Release is to be executed, that Executive or Executive's assigns have or may have against DDR or any Subsidiary, and the directors, officers, and affiliates of any of them, substantially in the form attached hereto as Exhibit B, but subject to such modifications as may be reasonably determined necessary or appropriate by the Committee to reflect changes in applicable law or reasonable changes in best practices between the Effective Date and the execution of such Release, together with a covering message in which DDR advises Executive (or Executive's personal representative) that the Release is being presented in accordance with this Section 8.1 and that a failure by Executive (or Executive's personal representative) to execute and return the Release as contemplated by Section 8.3 would relieve DDR of the obligation to make payments otherwise due to Executive (or to Executive's personal representative) under one or more portions of Section 7.2, Section 7.3 or Section 7.4, as the case may be. 10 8.2 Effect of Failure by DDR to Present Release. If DDR fails to present a Release and covering message to Executive (or Executive's personal representative) as contemplated by Section 8.1, DDR will be deemed to have waived the requirement that Executive (or Executive's personal representative) execute a Release as a condition to receiving payments under any portion of Section 7.2, Section 7.3 or Section 7.4, as the case may be. 8.3 Execution of Release by Executive or Executive's Personal Representative. If DDR does present a Release and covering message to Executive (or Executive's personal representative) as contemplated by Section 8.1, Executive (or Executive's personal representative) will have until 60 days after the Termination Date (i.e., at least 39 days after presentation of the Release to Executive (or Executive's personal representative)) within which to deliver an executed copy of the Release to DDR and thereby satisfy the condition to receiving payments under any portion of Section 7.2, Section 7.3 or Section 7.4, as the case may be, provided that Executive (or Executive's personal representative) does not revoke the execution of the Release during any applicable revocation period. 8.4 Effect of Failure to Execute Release or of Revocation of Release. If Executive (or Executive's personal representative) fails to deliver an executed copy of the Release to DDR within 60 days after the Termination Date or revokes the execution of the Release during any applicable revocation period, Executive (or Executive's personal representative) will be deemed to have waived the right to receive all payments under Section 7.2, Section 7.3 or Section 7.4, as the case may be, that were conditioned on the Release.View More
Variations of a "Release" Clause from Business Contracts
Release. This Section 8 will apply only upon termination of Executive's employment during the Contract Period (a) by reason of Executive's death, (b) by DDR without Cause, (b) Cause or (c) by Executive for Good Reason, (c) by reason of Executive's death or (d) by DDR pursuant to Section 6.1 following Executive's disability. Reason. 8.1 Presentation of Release by DDR. If this Section 8 applies, DDR may present to Executive (or in the case of Executive's death or legal incapacity, to Executive's personal r...epresentative), not later than 21 days after the Termination Date, a form of release (a "Release") of all current and future claims, known or unknown, arising on or before the date on which the Release is to be executed, that Executive or Executive's assigns have or may have against DDR or any Subsidiary, and the directors, officers, and affiliates of any of them, substantially in the such form attached hereto as Exhibit B, but subject to such modifications as may reasonably be reasonably determined necessary or appropriate presented by the Committee to reflect changes in applicable law or reasonable changes in best practices between the Effective Date and the execution of such Release, DDR together with a covering message in which DDR advises Executive (or Executive's personal representative) that the Release is being presented in accordance with this Section 8.1 and that a failure by Executive (or Executive's personal representative) to execute and return the Release as contemplated by Section 8.3 would relieve DDR of the obligation to make payments otherwise due to Executive (or to Executive's personal representative) under one or more portions of Section 7.2, Section 7.3 either of Sections 7.2 or Section 7.4, 7.3, as the case may be. 10 8.2 Effect of Failure by DDR to Present Release. If DDR fails to present a Release and covering message to Executive (or Executive's personal representative) as contemplated by Section 8.1, DDR will be deemed to have waived the requirement that Executive (or Executive's personal representative) execute a Release as a condition to receiving payments under any portion of Section 7.2, Section 7.3 either of Sections 7.2 or Section 7.4, 7.3, as the case may be. 8.3 Execution of Release by Executive or Executive's Personal Representative. If DDR does present a Release and covering message to Executive (or Executive's personal representative) as contemplated by Section 8.1, Executive (or Executive's personal representative) will have until 60 50 days after the Termination Date (i.e., at least 39 29 days after presentation of the Release to Executive (or Executive's personal representative)) within which to deliver an executed copy of the Release to DDR and thereby satisfy the condition to receiving payments under any portion of Section 7.2, Section 7.3 either of Sections 7.2 or Section 7.4, 7.3, as the case may be, provided that Executive (or Executive's personal representative) does not revoke the execution of the Release during any applicable revocation period. 8.4 Effect of Failure to Execute Release or of Revocation of Release. If Executive (or Executive's personal representative) fails to deliver an executed copy of the Release to DDR within 60 50 days after the Termination Date or revokes the execution of the Release during any applicable revocation period, Executive (or Executive's personal representative) will be deemed to have waived the right to receive all payments under Section 7.2, Section 7.3 Sections 7.2 or Section 7.4, 7.3, as the case may be, that were conditioned on the Release. 9 9. Disability Definitions; Physical Examination. 9.1 Definitions. For all purposes of this Agreement: (a) Executive's "Own Occupation" means the regular occupation in which Executive is engaged under this Agreement at the time Executive becomes disabled. (b) "Total Disability" means that, because of sickness or injury, Executive is not able to perform the material and substantial duties of Executive's Own Occupation. (c) "Totally Disabled" means that Executive suffers from Total Disability (and Executive will be deemed to continue to be Totally Disabled so long as Executive is not able to work in Executive's Own Occupation even if he works in some other capacity). 9.2 Physical Examination. If either DDR or Executive, at any time or from time to time after receipt of notice of Executive's Total Disability from the other, desires to contend that Executive is not Totally Disabled, Executive will promptly submit to a physical examination by the chief of medicine of any major accredited hospital in the Cleveland, Ohio area and, unless that physician issues his or her written statement to the effect that, in his or her opinion, based on his or her diagnosis, Executive is capable of resuming Executive's Own Occupation and devoting Executive's full time and energy to discharging the duties of Executive's Own Occupation, Executive will be deemed to be and to continue to be Totally Disabled for all purposes of this Agreement. View More
Release. This Section 8 will apply only upon termination of Executive's employment during the Contract Period (a) by DDR without Cause, (b) by Executive for Good Reason, (c) by reason of Executive's death or (d) disability, (b) by DDR pursuant to Section 6.1 following Executive's disability. without Cause or (c) by Executive for Good Reason. 8.1 Presentation of Release by DDR. If this Section 8 applies, DDR may present to Executive (or in the case of Executive's death or legal incapacity, to Executive's ...personal representative), not later than 21 days after the Termination Date, a form of release (a "Release") of all current and future claims, known or unknown, arising on or before the date on which the Release is to be executed, that Executive or Executive's assigns have or may have against DDR or any Subsidiary, and the directors, officers, and affiliates of any of them, substantially in the such form attached hereto as Exhibit B, but subject to such modifications as may reasonably be reasonably determined necessary or appropriate presented by the Committee to reflect changes in applicable law or reasonable changes in best practices between the Effective Date and the execution of such Release, DDR together with a covering message in which DDR advises Executive (or Executive's personal representative) that the Release is being presented in accordance with this Section 8.1 and that a failure by Executive (or Executive's personal representative) to execute and return the Release as contemplated by Section 8.3 would relieve DDR of the obligation to make payments otherwise due to Executive (or to Executive's personal representative) under one or more portions of Section 7.2, Section 7.3 either of Sections 7.2 or Section 7.4, 7.3, as the case may be. 10 8.2 Effect of Failure by DDR to Present Release. If DDR fails to present a Release and covering message to Executive (or Executive's personal representative) as contemplated by Section 8.1, DDR will be deemed to have waived the requirement that Executive (or Executive's personal representative) execute a Release as a condition to receiving payments under any portion of Section 7.2, Section 7.3 either of Sections 7.2 or Section 7.4, 7.3, as the case may be. 8.3 Execution of Release by Executive or Executive's Personal Representative. If DDR does present a Release and covering message to Executive (or Executive's personal representative) as contemplated by Section 8.1, Executive (or Executive's personal representative) will have until 60 50 days after the Termination Date (i.e., at least 39 29 days after presentation of the Release to Executive (or Executive's personal representative)) within which to deliver an executed copy of the Release to DDR and thereby satisfy the condition to receiving payments under any portion of Section 7.2, Section 7.3 either of Sections 7.2 or Section 7.4, 7.3, as the case may be, provided that Executive (or Executive's personal representative) does not revoke the execution of the Release during any applicable revocation period. 8.4 Effect of Failure to Execute Release or of Revocation of Release. If Executive (or Executive's personal representative) fails to deliver an executed copy of the Release to DDR 9 within 60 50 days after the Termination Date or revokes the execution of the Release during any applicable revocation period, Executive (or Executive's personal representative) will be deemed to have waived the right to receive all payments under Section 7.2, Section 7.3 Sections 7.2 or Section 7.4, 7.3, as the case may be, that were conditioned on the Release. View More
Release. This Section 8 will apply only upon termination of Executive's employment during the Contract Period (a) by reason of Executive's death, (b) by DDR without Cause, (b) Cause or (c) by Executive for Good Reason, (c) by reason of Executive's death or (d) by DDR pursuant to Section 6.1 following Executive's disability. Reason. 8.1 Presentation of Release by DDR. If this Section 8 applies, DDR may present to Executive (or in the case of Executive's death or legal incapacity, to Executive's personal r...epresentative), not later than 21 days after the Termination Date, a form of release (a "Release") of all current and future claims, known or unknown, arising on or before the date on which the Release is to be executed, that Executive or Executive's assigns have or may have against DDR or any Subsidiary, and the directors, officers, and affiliates of any of them, substantially in the such form attached hereto as Exhibit B, but subject to such modifications as may reasonably be reasonably determined necessary or appropriate presented by the Committee to reflect changes in applicable law or reasonable changes in best practices between the Effective Date and the execution of such Release, DDR together with a covering message in which DDR advises Executive (or Executive's personal representative) that the Release is being presented in accordance with this Section 8.1 and that a failure by Executive (or Executive's personal representative) to execute and return the Release as contemplated by Section 8.3 would relieve DDR of the obligation to make payments otherwise due to Executive (or to Executive's personal representative) under one or more portions of Section 7.2, Section 7.3 either of Sections 7.2 or Section 7.4, 7.3, as the case may be. 10 8.2 Effect of Failure by DDR to Present Release. If DDR fails to present a Release and covering message to Executive (or Executive's personal representative) as contemplated by Section 8.1, DDR will be deemed to have waived the requirement that Executive (or Executive's personal representative) execute a Release as a condition to receiving payments under any portion of Section 7.2, Section 7.3 either of Sections 7.2 or Section 7.4, 7.3, as the case may be. 8.3 Execution of Release by Executive or Executive's Personal Representative. If DDR does present a Release and covering message to Executive (or Executive's personal representative) as contemplated by Section 8.1, Executive (or Executive's personal representative) will have until 60 50 days after the Termination Date (i.e., at least 39 29 days after presentation of the Release to Executive (or Executive's personal representative)) representative) within which to deliver an executed copy of the Release to DDR and thereby satisfy the condition to receiving payments under any portion of Section 7.2, Section 7.3 either of Sections 7.2 or Section 7.4, 7.3, as the case may be, provided that Executive (or Executive's personal representative) does not revoke the execution of the Release during any applicable revocation period. 8.4 Effect of Failure to Execute Release or of Revocation of Release. If Executive (or Executive's personal representative) fails to deliver an executed copy of the Release to DDR within 60 50 days after the Termination Date or revokes the execution of the Release during any applicable revocation period, Executive (or Executive's personal representative) will be deemed to have waived the right to receive all payments under Section 7.2, Section 7.3 Sections 7.2 or Section 7.4, 7.3, as the case may be, that were conditioned on the Release. View More
Release. This Section 8 will apply only upon termination of Executive's employment during the Contract Period (a) by reason of Executive's death, (b) by DDR without Cause, (b) Cause or (c) by Executive for Good Reason, (c) by reason of Executive's death or (d) by DDR pursuant to Section 6.1 following Executive's disability. Reason. 8.1 Presentation of Release by DDR. If this Section 8 applies, DDR may present to Executive (or in the case of Executive's death or legal incapacity, to Executive's personal r...epresentative), not later than 21 days after the Termination Date, a form of release (a "Release") of all current and future claims, known or unknown, arising on or before the date on which the Release is to be executed, that Executive or Executive's assigns have or may have against DDR or any Subsidiary, and the directors, officers, and affiliates of any of them, substantially in the such form attached hereto as Exhibit B, but subject to such modifications as may reasonably be reasonably determined necessary or appropriate presented by the Committee to reflect changes in applicable law or reasonable changes in best practices between the Effective Date and the execution of such Release, DDR together with a covering message in which DDR advises Executive (or Executive's personal representative) that the Release is being presented in accordance with this Section 8.1 and that a failure by Executive (or Executive's personal representative) to execute and return the Release as contemplated by Section 8.3 would relieve DDR of the obligation to make payments otherwise due to Executive (or to Executive's personal representative) under one or more portions of Section 7.2, Section 7.3 either of Sections 7.2 or Section 7.4, 7.3, as the case may be. 10 8.2 Effect of Failure by DDR to Present Release. If DDR fails to present a Release and covering message to Executive (or Executive's personal representative) as contemplated by Section 8.1, DDR will be deemed to have waived the requirement that Executive (or Executive's personal representative) execute a Release as a condition to receiving payments under any portion of Section 7.2, Section 7.3 either of Sections 7.2 or Section 7.4, 7.3, as the case may be. 8.3 Execution of Release by Executive or Executive's Personal Representative. If DDR does present a Release and covering message to Executive (or Executive's personal representative) as contemplated by Section 8.1, Executive (or Executive's personal representative) will have until 60 50 days after the Termination Date (i.e., at least 39 29 days after presentation of the Release to Executive (or Executive's personal representative)) within which to deliver an executed copy of the Release to DDR and thereby satisfy the condition to receiving payments under any portion of Section 7.2, Section 7.3 9 either of Sections 7.2 or Section 7.4, 7.3, as the case may be, provided that Executive (or Executive's personal representative) does not revoke the execution of the Release during any applicable revocation period. 8.4 Effect of Failure to Execute Release or of Revocation of Release. If Executive (or Executive's personal representative) fails to deliver an executed copy of the Release to DDR within 60 50 days after the Termination Date or revokes the execution of the Release during any applicable revocation period, Executive (or Executive's personal representative) will be deemed to have waived the right to receive all payments under Section 7.2, Section 7.3 Sections 7.2 or Section 7.4, 7.3, as the case may be, that were conditioned on the Release. View More
Release. This Section 8 9 will apply only upon termination of Executive's employment during the Contract Period (a) by DDR without Cause, Cause or (b) by Executive for Good Reason, (c) by reason of Executive's death or (d) by DDR pursuant to Section 6.1 following Executive's disability. 8.1 Reason. 9.1 Presentation of Release by DDR. If this Section 8 9 applies, DDR may present to Executive (or in the case of Executive's death or legal incapacity, to Executive's personal representative), not later than 2...1 days after the Termination Date, a form of release (a "Release") of all current and future claims, known or unknown, arising on or before the date on which the Release is to be executed, that Executive or Executive's assigns have or may have against DDR or any Subsidiary, and the directors, officers, and affiliates of any of them, substantially currently intended to be in the form attached hereto as Exhibit B, but subject to such modifications as may be reasonably determined necessary or appropriate by the Committee to reflect changes in applicable law or reasonable changes in best practices between the Effective Date and the execution of such Release, together with a covering message in which DDR advises Executive (or Executive's personal representative) that the Release is being presented in accordance with this Section 8.1 9.1 and that a failure by Executive (or Executive's personal representative) to execute and return the Release as contemplated by Section 8.3 9.3 would relieve DDR of the obligation to make payments otherwise due to Executive (or to Executive's personal representative) under one or more portions of Section 7.2, Section 7.3 or Section 7.4, as the case may be. 10 8.2 8.2. 9.2 Effect of Failure by DDR to Present Release. If DDR fails to present a Release and covering message to Executive (or Executive's personal representative) as contemplated by Section 8.1, 9.1, DDR will be deemed to have waived the requirement that Executive (or Executive's personal representative) execute a Release as a condition to receiving payments under any portion of Section 7.2, Section 7.3 or Section 7.4, as the case may be. 8.3 8.2. 9.3 Execution of Release by Executive or Executive's Personal Representative. If DDR does present a Release and covering message to Executive (or Executive's personal representative) as contemplated by Section 8.1, 9.1, Executive (or Executive's personal representative) will have until 60 days after the Termination Date (i.e., at least 39 days after presentation of the Release to Executive (or Executive's personal representative)) within which to deliver an executed copy of the Release to DDR and thereby satisfy the condition to receiving payments under any portion of Section 7.2, Section 7.3 or Section 7.4, as the case may be, 8.2, provided that Executive (or Executive's personal representative) does not revoke the execution of the Release during any applicable revocation period. 8.4 9.4 Effect of Failure to Execute Release or of Revocation of Release. If Executive (or Executive's personal representative) fails to deliver an executed copy of the Release to DDR within 60 days after the Termination Date or revokes the execution of the Release during any applicable revocation period, Executive (or Executive's personal representative) will be deemed 9 to have waived the right to receive all payments under Section 7.2, Section 7.3 or Section 7.4, as the case may be, 8.2 that were conditioned on the Release. View More
Release. This Section 8 will apply only upon termination of Executive's employment during the Contract Period (a) by DDR SITE Centers without Cause, (b) by Executive for Good Reason, (c) by reason of Executive's death or (d) by DDR SITE Centers pursuant to Section 6.1 following Executive's disability. 8.1 Presentation of Release by DDR. SITE Centers. If this Section 8 applies, DDR SITE Centers may present to Executive (or in the case of Executive's death or legal incapacity, to Executive's personal repre...sentative), not later than 21 days after the Termination Date, a form of release (a "Release") of all current and future claims, known or unknown, arising on or before the date on which the Release is to be executed, that Executive or Executive's assigns have or may have against DDR SITE Centers or any Subsidiary, and the directors, officers, and affiliates of any of them, substantially in the form attached hereto as Exhibit B, but subject to such modifications as may be reasonably determined necessary or appropriate by the Committee to reflect changes in applicable law or reasonable changes in best practices between the Effective Date and the execution of such Release, together with a covering message in which DDR SITE Centers advises Executive (or Executive's personal representative) that the Release is being presented in accordance with this Section 8.1 and that a failure by Executive (or Executive's personal representative) to execute and return the Release as contemplated by Section 8.3 would relieve DDR SITE Centers of the obligation to make payments otherwise due to Executive (or to Executive's personal representative) under one or more portions of Section 7.2, Section 7.3 or Section 7.4, as the case may be. 10 8.2 Effect of Failure by DDR SITE Centers to Present Release. If DDR SITE Centers fails to present a Release and covering message to Executive (or Executive's personal representative) as contemplated by Section 8.1, DDR SITE Centers will be deemed to have waived the requirement that Executive (or Executive's personal representative) execute a Release as a condition to receiving payments under any portion of Section 7.2, Section 7.3 or Section 7.4, as the case may be. 8.3 Execution of Release by Executive or Executive's Personal Representative. If DDR SITE Centers does present a Release and covering message to Executive (or Executive's personal representative) as contemplated by Section 8.1, Executive (or Executive's personal representative) will have until 60 50 days after the Termination Date (i.e., at least 39 29 days after presentation of the Release to Executive (or Executive's personal representative)) within which to deliver an executed copy of the Release to DDR SITE Centers and thereby satisfy the condition to receiving payments under any portion of Section 7.2, Section 7.3 or Section 7.4, as the case may be, provided that Executive (or Executive's personal representative) does not revoke the execution of the Release during any applicable revocation period. 9 8.4 Effect of Failure to Execute Release or of Revocation of Release. If Executive (or Executive's personal representative) fails to deliver an executed copy of the Release to DDR SITE Centers within 60 days after the Termination Date or revokes the execution of the Release during any applicable revocation period, Executive (or Executive's personal representative) will be deemed to have waived the right to receive all payments under Section 7.2, Section 7.3 or Section 7.4, as the case may be, that were conditioned on the Release. View More
Release. This Section 8 will apply only upon termination of Executive's employment during the Contract Period (a) by DDR SITE Centers without Cause, (b) by Executive for Good Reason, (c) by reason of Executive's death or (d) by DDR SITE Centers pursuant to Section 6.1 following Executive's disability. 8.1 Presentation of Release by DDR. SITE Centers. If this Section 8 applies, DDR SITE Centers may present to Executive (or in the case of Executive's death or legal incapacity, to Executive's personal repre...sentative), not later than 21 days after the Termination Date, a form of release (a "Release") of all current and future claims, known or unknown, arising on or before the date on which the Release is to be executed, that Executive or Executive's assigns have or may have against DDR SITE Centers or any Subsidiary, and the directors, officers, and affiliates of any of them, substantially in the form attached hereto as Exhibit B, but subject to such modifications as may be reasonably determined necessary or appropriate by the Committee to reflect changes in applicable law or reasonable changes in best practices between the Effective Date and the execution of such Release, together with a covering message in which DDR SITE Centers advises Executive (or Executive's personal representative) that the Release is being presented in accordance with this Section 8.1 and that a failure by Executive (or Executive's personal representative) to execute and return the Release as contemplated by Section 8.3 would relieve DDR SITE Centers of the obligation to make payments otherwise due to Executive (or to Executive's personal representative) under one or more portions of Section 7.2, Section 7.3 or Section 7.4, as the case may be. 10 8.2 Effect of Failure by DDR SITE Centers to Present Release. If DDR SITE Centers fails to present a Release and covering message to Executive (or Executive's personal representative) as contemplated by Section 8.1, DDR SITE Centers will be deemed to have waived the requirement that Executive (or Executive's personal representative) execute a Release as a condition to receiving payments under any portion of Section 7.2, Section 7.3 or Section 7.4, as the case may be. 8.3 Execution of Release by Executive or Executive's Personal Representative. If DDR SITE Centers does present a Release and covering message to Executive (or Executive's personal representative) as contemplated by Section 8.1, Executive (or Executive's personal representative) will have until 60 days after the Termination Date (i.e., at least 39 days after presentation of the Release to Executive (or Executive's personal representative)) within which to 9 deliver an executed copy of the Release to DDR SITE Centers and thereby satisfy the condition to receiving payments under any portion of Section 7.2, Section 7.3 or Section 7.4, as the case may be, provided that Executive (or Executive's personal representative) does not revoke the execution of the Release during any applicable revocation period. 8.4 Effect of Failure to Execute Release or of Revocation of Release. If Executive (or Executive's personal representative) fails to deliver an executed copy of the Release to DDR SITE Centers within 60 days after the Termination Date or revokes the execution of the Release during any applicable revocation period, Executive (or Executive's personal representative) will be deemed to have waived the right to receive all payments under Section 7.2, Section 7.3 or Section 7.4, as the case may be, that were conditioned on the Release. View More
Release. This Section 8 will apply only upon termination of Executive's employment during the Contract Period (a) by DDR SITE Centers without Cause, (b) by Executive for Good Reason, (c) by reason of Executive's death or (d) by DDR SITE Centers pursuant to Section 6.1 following Executive's disability. 8.1 Presentation of Release by DDR. SITE Centers. If this Section 8 applies, DDR SITE Centers may present to Executive (or in the case of Executive's death or legal incapacity, to Executive's personal repre...sentative), not later than 21 days after the Termination Date, a form of release (a "Release") of all current and future claims, known or unknown, arising on or before the date on which the Release is to be executed, that Executive or Executive's assigns have or may have against DDR SITE Centers or any Subsidiary, and the directors, officers, and affiliates of any of them, substantially in the form attached hereto as Exhibit B, but subject to such modifications as may be reasonably determined necessary or appropriate by the Committee to reflect changes in applicable law or reasonable changes in best practices between the Effective Date and the execution of such Release, together with a covering message in which DDR SITE Centers advises Executive (or Executive's personal representative) that the Release is being presented in accordance with this Section 8.1 and that a failure by Executive (or Executive's personal representative) to execute and return the Release as contemplated by Section 8.3 would relieve DDR SITE Centers of the obligation to make payments otherwise due to Executive (or to Executive's personal representative) under one or more portions of Section 7.2, Section 7.3 or Section 7.4, as the case may be. 10 8.2 Effect of Failure by DDR SITE Centers to Present Release. If DDR SITE Centers fails to present a Release and covering message to Executive (or Executive's personal representative) as contemplated by Section 8.1, DDR SITE Centers will be deemed to have waived the requirement that Executive (or Executive's personal representative) execute a Release as a condition to receiving payments under any portion of Section 7.2, Section 7.3 or Section 7.4, as the case may be. 8.3 Execution of Release by Executive or Executive's Personal Representative. If DDR SITE Centers does present a Release and covering message to Executive (or Executive's personal representative) as contemplated by Section 8.1, Executive (or Executive's personal representative) will have until 60 days after the Termination Date (i.e., at least 39 days after presentation of the Release to Executive (or Executive's personal representative)) within which to deliver an executed copy of the Release to DDR SITE Centers and thereby satisfy the condition to receiving payments under any portion of Section 7.2, Section 7.3 or Section 7.4, as the case may be, provided that Executive (or Executive's personal representative) does not revoke the execution of the Release during any applicable revocation period. 8.4 Effect of Failure to Execute Release or of Revocation of Release. If Executive (or Executive's personal representative) fails to deliver an executed copy of the Release to DDR SITE Centers within 60 days after the Termination Date or revokes the execution of the Release during any applicable revocation period, Executive (or Executive's personal representative) will be 9 deemed to have waived the right to receive all payments under Section 7.2, Section 7.3 or Section 7.4, as the case may be, that were conditioned on the Release. View More
Release. This Section 8 will apply only upon termination of Executive's employment during the Contract Period (a) by DDR SITE Centers without Cause, (b) by Executive for Good Reason, (c) by reason of Executive's death or (d) by DDR SITE Centers pursuant to Section 6.1 following Executive's disability. 8.1 Presentation of Release by DDR. SITE Centers. If this Section 8 applies, DDR SITE Centers may present to Executive (or in the case of Executive's death or legal incapacity, to Executive's personal repre...sentative), not later than 21 days after the Termination Date, a form of release (a "Release") of all current and future claims, known or unknown, arising on or before the date on which the Release is to be executed, that Executive or Executive's assigns have or may have against DDR SITE Centers or any Subsidiary, and the directors, officers, and affiliates of any of them, substantially in the form attached hereto as Exhibit B, but subject to such modifications as may be reasonably determined necessary or appropriate by the Committee to reflect changes in applicable law or reasonable changes in best practices between the Effective Date and the execution of such Release, together with a covering message in which DDR SITE Centers advises Executive (or Executive's personal representative) that the Release is being presented in accordance with this Section 8.1 and that a failure by Executive (or Executive's personal representative) to execute and return the Release as contemplated by Section 8.3 would relieve DDR SITE Centers of the obligation to make payments otherwise due to Executive (or to Executive's personal representative) under one or more portions of Section 7.2, Section 7.3 or Section 7.4, as the case may be. 10 11 8.2 Effect of Failure by DDR SITE Centers to Present Release. If DDR SITE Centers fails to present a Release and covering message to Executive (or Executive's personal representative) as contemplated by Section 8.1, DDR SITE Centers will be deemed to have waived the requirement that Executive (or Executive's personal representative) execute a Release as a condition to receiving payments under any portion of Section 7.2, Section 7.3 or Section 7.4, as the case may be. 8.3 Execution of Release by Executive or Executive's Personal Representative. If DDR SITE Centers does present a Release and covering message to Executive (or Executive's personal representative) as contemplated by Section 8.1, Executive (or Executive's personal representative) will have until 60 days after the Termination Date (i.e., at least 39 days after presentation of the Release to Executive (or Executive's personal representative)) within which to deliver an executed copy of the Release to DDR SITE Centers and thereby satisfy the condition to receiving payments under any portion of Section 7.2, Section 7.3 or Section 7.4, as the case may be, provided that Executive (or Executive's personal representative) does not revoke the execution of the Release during any applicable revocation period. 8.4 Effect of Failure to Execute Release or of Revocation of Release. If Executive (or Executive's personal representative) fails to deliver an executed copy of the Release to DDR SITE Centers within 60 days after the Termination Date or revokes the execution of the Release during any applicable revocation period, Executive (or Executive's personal representative) will be deemed to have waived the right to receive all payments under Section 7.2, Section 7.3 or Section 7.4, as the case may be, that were conditioned on the Release. View More
Release. This Section 8 will apply only upon termination of Executive's employment during the Contract Period (a) by DDR SITE Centers without Cause, (b) by Executive for Good Reason, (c) by reason of Executive's death or (d) by DDR SITE Centers pursuant to Section 6.1 following Executive's disability. 8.1 Presentation of Release by DDR. SITE Centers. If this Section 8 applies, DDR SITE Centers may present to Executive (or in the case of Executive's death or legal incapacity, to Executive's personal repre...sentative), not later than 21 days after the Termination Date, a form of release (a "Release") of all current and future claims, known or unknown, arising on or before the date on which the Release is to be executed, that Executive or Executive's assigns have or may have against DDR SITE Centers or any Subsidiary, and the directors, officers, and affiliates of any of them, substantially in the form attached hereto as Exhibit B, but subject to such modifications as may be reasonably determined necessary or appropriate by the Committee to reflect changes in applicable law or reasonable changes in best practices between the Effective Date and the execution of such Release, together with a covering message in which DDR SITE Centers advises Executive (or Executive's personal representative) that the Release is being presented in accordance with this Section 8.1 and that a failure by Executive (or Executive's personal representative) to execute and return the Release as contemplated by Section 8.3 would relieve DDR SITE Centers of the obligation to make payments otherwise due to Executive (or to Executive's personal representative) under one or more portions of Section 7.2, Section 7.3 or Section 7.4, as the case may be. 10 8.2 Effect of Failure by DDR SITE Centers to Present Release. If DDR SITE Centers fails to present a Release and covering message to Executive (or Executive's personal representative) as contemplated by Section 8.1, DDR SITE Centers will be deemed to have waived the requirement that Executive (or Executive's personal representative) execute a Release as a condition to receiving payments under any portion of Section 7.2, Section 7.3 or Section 7.4, as the case may be. 10 8.3 Execution of Release by Executive or Executive's Personal Representative. If DDR SITE Centers does present a Release and covering message to Executive (or Executive's personal representative) as contemplated by Section 8.1, Executive (or Executive's personal representative) will have until 60 days after the Termination Date (i.e., at least 39 days after presentation of the Release to Executive (or Executive's personal representative)) within which to deliver an executed copy of the Release to DDR SITE Centers and thereby satisfy the condition to receiving payments under any portion of Section 7.2, Section 7.3 or Section 7.4, as the case may be, provided that Executive (or Executive's personal representative) does not revoke the execution of the Release during any applicable revocation period. 8.4 Effect of Failure to Execute Release or of Revocation of Release. If Executive (or Executive's personal representative) fails to deliver an executed copy of the Release to DDR SITE Centers within 60 days after the Termination Date or revokes the execution of the Release during any applicable revocation period, Executive (or Executive's personal representative) will be deemed to have waived the right to receive all payments under Section 7.2, Section 7.3 or Section 7.4, as the case may be, that were conditioned on the Release. View More
