Survival Clause Example with 6 Variations from Business Contracts
This page contains Survival 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.
Survival. Notwithstanding any termination of your employment, this Agreement shall survive and remain in effect in accordance with its terms. # # # #This letter agreement may be signed in one or more counterparts, each of which shall be an original and all of which will constitute one and the same instrument. Sincerely yours, CUMBERLAND PHARMACEUTICALS INC. _______________________________________ By: A.J. KazimiChief Executive Officer Accepted as to all terms and conditions.as of the 9th of March 2023: __..._______/s/ Chris Bitterman_____________Chris BittermanView More
Variations of a "Survival" Clause from Business Contracts
Survival. Notwithstanding any termination of your employment, this Agreement shall survive and remain in effect in accordance with its terms. # # # #This letter agreement may be signed in one or more counterparts, each of which shall be an original and all of which will constitute one and the same instrument. Sincerely yours, CUMBERLAND PHARMACEUTICALS INC. _______________________________________ By: A.J. KazimiChief Executive Officer Accepted as to all terms and conditions.as conditions as of the 9th 7th... of March 2023: _________/s/ Chris Bitterman_____________Chris Bitterman 2022: ________________________________________John Hamm EX-10.3 4 johnhamm-2022.htm EX-10.3 DocumentMarch 7, 2022Mr. John Hamm 2525 West End Avenue, Suite 950Nashville, TN 37203 Re: Employment of John Hamm as Senior Director of Finance & Accounting & Chief Financial Officer Cumberland Pharmaceuticals Inc.Dear John, Effective January 1, 2022, this letter agreement (the "Agreement") will evidence the terms and conditions under which you will be employed by Cumberland Pharmaceuticals Inc. (the "Company") In consideration of your appointment as Senior Director of Finance & Accounting & Chief Financial Officer of the Company, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:1. Compensation. The Company agrees to compensate you as follows:(a) The Company agrees to pay you on a salary basis for services performed based on an annual rate of one hundred and ninety-two thousand dollars ($192,000.00), payable in arrears in equal monthly installments on the 1st day of each calendar month of 2022. For each year, thereafter, you will be paid on a salary basis for services performed based on an annual rate determined by the Company in its sole discretion; provided, however, that any obligation to make payments under this Section 1(a) will cease upon termination of your employment for any reason. Notwithstanding the foregoing, nothing in this Section 1(a) alters or is intended to alter the at-will nature of your employment as described in Section 3 of this Agreement. (b) You will be eligible to participate in any Company-wide employee benefits as approved by the Board of Directors. The terms of your eligibility and participation will be governed by the provisions of the employee benefit plans, as such plans may be amended from time to time in the discretion of the Company's Board of Directors. (c) You may be eligible for any Company bonus program, based upon performance in meeting your individual objectives and the Company's overall performance, both as determined and approved by the Board of Directors of the Company. Any such bonus will be discretionary and will be subject to the terms of the applicable bonus program, the terms of which program may be modified from year to year in the sole discretion of the Company's Board of Directors. (d) You will receive a grant of Cumberland Pharmaceuticals common stock, pursuant to a stock options agreement (SOA). Such shares will be subject to the SOA and the terms set forth in the incentive compensation plan under which they are awarded. You may, at the Company's sole discretion, receive additional awards of Company equity, which will be subject to their designated agreements and the incentive compensation plans under which they are awarded. (e) Except as set forth in Section 2, the Company shall not be liable to you for any expense incurred by you unless you receive the Company's prior written consent to reimburse you for such expense.2.Additional Payments. During the term hereof, you shall be entitled to receive prompt reimbursement for all reasonable and documented expenses incurred in the performance of services in accordance with the expense reimbursement policy of the Company. Such reimbursement policy shall require adequate documentation by you of the expenses and payment by the Company of such amounts shall be made within a reasonable period after the close of the year in which the expenses were incurred.3. Employment at Will. This Agreement is not intended to and shall not be understood in any manner as affecting or modifying the at-will status of your employment with the Company. As an at-will employee either you or the Company may terminate the employment relationship at any time with or without cause or notice. The obligations of Sections 4, 5, 6, 7, 8, 10, 11 and 12 herein shall survive the termination of the employment relationship or of this Agreement. View More
Survival. Notwithstanding any termination of your employment, this Agreement shall survive and remain in effect in accordance with its terms. # # # #This # This letter agreement may be signed in one or more counterparts, each of which shall be an original and all of which will constitute one and the same instrument. Sincerely yours, CUMBERLAND PHARMACEUTICALS INC. _______________________________________ By: A.J. KazimiChief Executive Officer Accepted as to all terms and conditions.as conditions as of the ...9th 7th of March 2023: _________/s/ Chris Bitterman_____________Chris Bitterman 2022: ________________________________________Leo Pavliv EX-10.2 3 leopavliv-2022.htm EX-10.2 DocumentMarch 7, 2022Mr. Leo Pavliv 2525 West End Avenue, Suite 950Nashville, TN 37203 Re: Employment of Leo Pavliv as Executive Vice President, Chief Development & Operations Officer by Cumberland Pharmaceuticals Inc.Dear Leo, Effective January 1, 2022, this letter agreement (the "Agreement") will evidence the terms and conditions under which you will be employed by Cumberland Pharmaceuticals Inc. (the "Company") In consideration of your appointment as Executive Vice President, Chief Development & Operations Officer of the Company, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:1. Compensation. The Company agrees to compensate you as follows:(a) The Company agrees to pay you on a salary basis for services performed based on an annual rate of four hundred and fifty-five thousand dollars ($455,000.00), payable in arrears in equal monthly installments on the 1st day of each calendar month of 2022. For each year, thereafter, you will be paid on a salary basis for services performed based on an annual rate determined by the Company in its sole discretion; provided, however, that any obligation to make payments under this Section 1(a) will cease upon termination of your employment for any reason. Notwithstanding the foregoing, nothing in this Section 1(a) alters or is intended to alter the at-will nature of your employment as described in Section 3 of this Agreement. (b) You will be eligible to participate in any Company-wide employee benefits as approved by the Board of Directors. The terms of your eligibility and participation will be governed by the provisions of the employee benefit plans, as such plans may be amended from time to time in the discretion of the Company's Board of Directors. (c) You may be eligible for any Company bonus program, based upon performance in meeting your individual objectives and the Company's overall performance, both as determined and approved by the Board of Directors of the Company. Any such bonus will be discretionary and will be subject to the terms of the applicable bonus program, the terms of which program may be modified from year to year in the sole discretion of the Company's Board of Directors. (d) You will receive a grant of Cumberland Pharmaceuticals common stock, pursuant to a stock options agreement (SOA). Such shares will be subject to the SOA and the terms set forth in the incentive compensation plan under which they are awarded. You may, at the Company's sole discretion, receive additional awards of Company equity, which will be subject to their designated agreements and the incentive compensation plans under which they are awarded. (e) Except as set forth in Section 2, the Company shall not be liable to you for any expense incurred by you unless you receive the Company's prior written consent to reimburse you for such expense.2.Additional Payments. During the term hereof, you shall be entitled to receive prompt reimbursement for all reasonable and documented expenses incurred in the performance of services in accordance with the expense reimbursement policy of the Company. Such reimbursement policy shall require adequate documentation by you of the expenses and payment by the Company of such amounts shall be made within a reasonable period after the close of the year in which the expenses were incurred.3. Employment at Will. This Agreement is not intended to and shall not be understood in any manner as affecting or modifying the at-will status of your employment with the Company. As an at-will employee either you or the Company may terminate the employment relationship at any time with or without cause or notice. The obligations of Sections 4, 5, 6, 7, 8, 10, 11 and 12 herein shall survive the termination of the employment relationship or of this Agreement. View More
Survival. Notwithstanding any termination of your employment, this Agreement shall survive and remain in effect in accordance with its terms. # # # #This # This letter agreement may be signed in one or more counterparts, each of which shall be an original and all of which will constitute one and the same instrument. Sincerely yours, CUMBERLAND PHARMACEUTICALS INC. _______________________________________ By: A.J. KazimiChief Executive Officer Accepted as to all terms and conditions.as conditions as of the ...9th 7th of March 2023: _________/s/ Chris Bitterman_____________Chris Bitterman 2022: ________________________________________James Herman EX-10.4 5 jamesherman-2022.htm EX-10.4 DocumentMarch 7, 2022Mr. James Herman 2525 West End Avenue, Suite 950Nashville, TN 37203 Re: Employment of James Herman as Executive Vice President, National Accounts and Chief Compliance Officer Cumberland Pharmaceuticals Inc.Dear John, Effective January 1, 2022, this letter agreement (the "Agreement") will evidence the terms and conditions under which you will be employed by Cumberland Pharmaceuticals Inc. (the "Company") In consideration of your appointment as Executive Vice President, National Accounts and Chief Compliance Officer of the Company, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:1. Compensation. The Company agrees to compensate you as follows:(a) The Company agrees to pay you on a salary basis for services performed based on an annual rate of two hundred and ninety-two thousand dollars ($292,000.00), payable in arrears in equal monthly installments on the 1st day of each calendar month of 2022. For each year, thereafter, you will be paid on a salary basis for services performed based on an annual rate determined by the Company in its sole discretion; provided, however, that any obligation to make payments under this Section 1(a) will cease upon termination of your employment for any reason. Notwithstanding the foregoing, nothing in this Section 1(a) alters or is intended to alter the at-will nature of your employment as described in Section 3 of this Agreement. (b) You will be eligible to participate in any Company-wide employee benefits as approved by the Board of Directors. The terms of your eligibility and participation will be governed by the provisions of the employee benefit plans, as such plans may be amended from time to time in the discretion of the Company's Board of Directors. (c) You may be eligible for any Company bonus program, based upon performance in meeting your individual objectives and the Company's overall performance, both as determined and approved by the Board of Directors of the Company. Any such bonus will be discretionary and will be subject to the terms of the applicable bonus program, the terms of which program may be modified from year to year in the sole discretion of the Company's Board of Directors. (d) You will receive a grant of Cumberland Pharmaceuticals common stock, pursuant to a stock options agreement (SOA). Such shares will be subject to the SOA and the terms set forth in the incentive compensation plan under which they are awarded. You may, at the Company's sole discretion, receive additional awards of Company equity, which will be subject to their designated agreements and the incentive compensation plans under which they are awarded. (e) Except as set forth in Section 2, the Company shall not be liable to you for any expense incurred by you unless you receive the Company's prior written consent to reimburse you for such expense.2.Additional Payments. During the term hereof, you shall be entitled to receive prompt reimbursement for all reasonable and documented expenses incurred in the performance of services in accordance with the expense reimbursement policy of the Company. Such reimbursement policy shall require adequate documentation by you of the expenses and payment by the Company of such amounts shall be made within a reasonable period after the close of the year in which the expenses were incurred.3. Employment at Will. This Agreement is not intended to and shall not be understood in any manner as affecting or modifying the at-will status of your employment with the Company. As an at-will employee either you or the Company may terminate the employment relationship at any time with or without cause or notice. The obligations of Sections 4, 5, 6, 7, 8, 10, 11 and 12 herein shall survive the termination of the employment relationship or of this Agreement. View More
Survival. Notwithstanding any termination of your employment, this Agreement shall survive and remain in effect in accordance with its terms. # # # #This letter agreement may be signed in one or more counterparts, each of which shall be an original and all of which will constitute one and the same instrument. Sincerely yours, CUMBERLAND PHARMACEUTICALS INC. _______________________________________ INC._______________________________________ By: A.J. KazimiChief Executive Officer Stephanie Smith, MBA, HRMHR... Manager Accepted as to all terms and conditions.as conditions as of the 9th 7th day of March 2023: _________/s/ Chris Bitterman_____________Chris Bitterman 2022: ________________________________________A.J. Kazimi EX-10.1 2 ajkazimi-2022.htm EX-10.1 DocumentMarch 7, 2022Mr. AJ Kazimi 2525 West End Avenue, Suite 950Nashville, TN 37203 Re: Employment of AJ Kazimi as Chief Executive Officer by Cumberland Pharmaceuticals Inc.Dear AJ, Effective January 1, 2022, this letter agreement (the "Agreement") will evidence the terms and conditions under which you will be employed by Cumberland Pharmaceuticals Inc. (the "Company") In consideration of your appointment as Chief Executive Officer of the Company, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:1. Compensation. The Company agrees to compensate you as follows:(a) The Company agrees to pay you on a salary basis for services performed based on an annual rate of six hundred thirty-five thousand dollars ($635,000.00), payable in arrears in equal monthly installments on the 1st day of each calendar month of 2022. For each year, thereafter, you will be paid on a salary basis for services performed based on an annual rate determined by the Company in its sole discretion; provided, however, that any obligation to make payments under this Section 1(a) will cease upon termination of your employment for any reason. Notwithstanding the foregoing, nothing in this Section 1(a) alters or is intended to alter the at-will nature of your employment as described in Section 3 of this Agreement. (b) You will be eligible to participate in any Company-wide employee benefits as approved by the Board of Directors. The terms of your eligibility and participation will be governed by the provisions of the employee benefit plans, as such plans may be amended from time to time in the discretion of the Company's Board of Directors. (c) You may be eligible for any Company bonus program, based upon performance in meeting your individual objectives and the Company's overall performance, both as determined and approved by the Board of Directors of the Company. Any such bonus will be discretionary and will be subject to the terms of the applicable bonus program, the terms of which program may be modified from year to year in the sole discretion of the Company's Board of Directors. (d) You will receive a grant of Cumberland Pharmaceuticals common stock, pursuant to a stock options agreement (SOA). Such shares will be subject to the SOA and the terms set forth in the incentive compensation plan under which they are awarded. You may, at the Company's sole discretion, receive additional awards of Company equity, which will be subject to their designated agreements and the incentive compensation plans under which they are awarded. (e) Except as set forth in Section 2, the Company shall not be liable to you for any expense incurred by you unless you receive the Company's prior written consent to reimburse you for such expense.2.Additional Payments. During the term hereof, you shall be entitled to receive prompt reimbursement for all reasonable and documented expenses incurred in the performance of services in accordance with the expense reimbursement policy of the Company. Such reimbursement policy shall require adequate documentation by you of the expenses and payment by the Company of such amounts shall be made within a reasonable period after the close of the year in which the expenses were incurred.3. Employment at Will. This Agreement is not intended to and shall not be understood in any manner as affecting or modifying the at-will status of your employment with the Company. As an at-will employee either you or the Company may terminate the employment relationship at any time with or without cause or notice. The obligations of Sections 4, 5, 6, 7, 8, 10, 11 and 12 herein shall survive the termination of the employment relationship or of this Agreement. View More
Survival. Notwithstanding any termination of your employment, this Agreement shall Sections 5 through 26 will survive and remain continue in effect full force in accordance with its terms. # # # #This letter agreement may be signed in one their terms notwithstanding the termination of the Employment Period. 4 13. Notices. All notices, requests, demands and other communications required or more counterparts, each of which permitted hereunder shall be an original in writing and all sent to the address set f...orth below, and shall be deemed to have been duly given (A) one business day after being delivered by hand, (B) five business days after being mailed first class, certified return receipt requested with postage paid or (C) one business day after being couriered by overnight receipted courier service: Notices to the Executive: Marc Spezialy _________________________ Fax: ___________________ Email: ___________________ Notices to the Company: Rockdale Resources Corporation Attn: Board of which will Directors / General Counsel 5114 Balcones Woods Drive, Suite 307-511 Austin, Texas 78759 with a copy (which shall not constitute one and notice) to: Cane Clark LLP Attention: Bryan Clark, Esq. 3273 E. Warm Springs Road Las Vegas, NV 89120 Fax: 702.944.7100 Email: bclark@caneclark.com Notwithstanding anything in this Agreement to the same instrument. Sincerely yours, CUMBERLAND PHARMACEUTICALS INC. _______________________________________ By: A.J. KazimiChief Executive Officer Accepted as to all terms and conditions.as contrary, if actual written notice is received, regardless of the 9th means of March 2023: _________/s/ Chris Bitterman_____________Chris Bitterman transmittal, such notice shall be deemed to be acceptable and effective as proper notice under this Section 13. View More
Survival. Notwithstanding any termination of your employment, this Agreement shall survive and remain in effect in accordance with its terms. # # # #This letter agreement may be signed in one or more counterparts, each of which shall be an original and all of which will constitute one and the same instrument. Sincerely yours, CUMBERLAND PHARMACEUTICALS INC. _______________________________________ _____ Stephanie Smith_________ By: A.J. KazimiChief Executive Officer Stephanie Smith, MBA, HRMHR Manager Acce...pted as to all terms and conditions.as conditions. as of the 9th day of March 2023: _________/s/ Chris Bitterman_____________Chris Bitterman ______/s/ A.J. Kazimi_______________A.J. Kazimi View More
