Common use of 00 - TERMINATION Clause in Contracts

00 - TERMINATION. 4.1 This Agreement and the services of the Employee under this Agreement shall be immediately terminated without notice, at the option of Hostopia upon the occurrence of any of the following events: (a) if the Employee dies; (b) if the Employee breaches his duties or obligations to Hostopia so as to entitle Hostopia to terminate his for cause, including without limitation, serious misconduct, acts of fraud or theft against Hostopia, habitual neglect of duty, incompetence, conduct incompatible with his duties or conduct prejudicial to Hostopia's business, or willful disobedience of Hostopia's orders in a matter of substance; (c) if the Employee commits any criminal offence against Hostopia or against any other person or entity such that Hostopia, in its sole discretion, regards the commission of such offence as being incompatible with the Employee's employment; (d) if the Employee is guilty of a breach or non-observance of any of the terms and conditions contained in this Agreement; (e) if the Employee is unable to perform his duties and responsibilities on behalf of Hostopia for a period of six (6) months (the "Period of Illness") and Hostopia is unable to accommodate his disability. For the purposes of calculating a Period of Illness, any absence due to illness shall be considered to be continuous from the date the Employee was first absent ("First Absence"), where the Employee does not return to perform his duties for more than five (5) consecutive working days following the First Absence; or (f) if the Employee is employed by any party other than Hostopia. 4.2 In the event the Employee's employment is terminated for any of the reasons set out in Section 4.1, Hostopia shall give written notice of termination to the Employee in accordance with Section 6.1 below, setting out, in summary form, the reasons for termination. Following the foregoing notice, Hostopia shall be released from all liabilities and obligations to the Employee under this Agreement and at common law following payment to the Employee of any remuneration and benefits owing to him/her as at the date of termination. 4.3 Notwithstanding Sections 1.2 and 4.1 of this Agreement, Hostopia shall be entitled to terminate the employment of the Employee without cause and without notice at any time, provided that Hostopia pays compensation in lieu of notice in accordance with Schedule "A". 4.4 This Agreement is subject to the final approval of the compensation committee of the board of directors of Hostopia.

00 - TERMINATION. 4.1 This Agreement and the services of the Employee under this Agreement shall be immediately terminated without notice, at the option of Hostopia upon the occurrence of any of the following events: (a) if the Employee dies; (b) if the Employee breaches his duties or obligations to Hostopia so as to entitle Hostopia to terminate his for cause, including without limitation, serious misconduct, acts of fraud or theft against Hostopia, habitual neglect of duty, incompetence, conduct incompatible with his duties or conduct prejudicial to Hostopia's business, or willful disobedience of Hostopia's orders in a matter of substance; (c) if the Employee commits any criminal offence against Hostopia or against any other person or entity such that Hostopia, in its sole discretion, regards the commission of such offence as being incompatible with the Employee's employment; (d) if the Employee is guilty of a breach or non-observance of any of the terms and conditions contained in this Agreement; (e) if the Employee is unable to perform his duties and responsibilities on behalf of Hostopia for a period of six (6) months (the "Period of Illness") and Hostopia is unable to accommodate his disability. For the purposes of calculating a Period of Illness, any absence due to illness shall be considered to be continuous from the date the Employee was first absent ("First Absence"), where the Employee does not return to perform his duties for more than five (5) consecutive working days following the First Absence; or (f) if the Employee is employed by any party other than Hostopia. 4.2 In the event the Employee's employment is terminated for any of the reasons set out in Section 4.1, Hostopia shall give written notice of termination to the Employee in accordance with Section 6.1 below, setting out, in summary form, the reasons for termination. Following the foregoing notice, Hostopia shall be released from all liabilities and obligations to the Employee under this Agreement and at common law following payment to the Employee of any remuneration and benefits owing to him/her as at the date of termination. 4.3 Notwithstanding Sections 1.2 and 4.1 of this Agreement, Hostopia shall be entitled to terminate the employment of the Employee without cause and without notice at any time, provided that Hostopia pays compensation in lieu of notice in accordance with Schedule "A". 4.4 This Agreement is Employee, subject to the final approval statutory deductions, an amount equal to A) one half of the compensation committee Employee's then current annual salary; and 1/12 of the board Employee's annual salary multiplied by the number of directors years employed by Hostopia or XxxxXxxxxxx.xxx Corp. Each part year that the Employee is employed shall be considered a full year for the purposes of Hostopia.determining the number of years employed by Hostopia or Xxxxxxxxxxx.xxx Corp.