Common use of At-Will Employment Clause in Contracts

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 80 contracts

Samples: Ceo Change of Control and Severance Agreement (Formfactor Inc), Change of Control Severance Agreement (Formfactor Inc), Change of Control Severance Agreement (Formfactor Inc)

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At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s 's then existing employee benefit plans or policies at the time of termination.

Appears in 46 contracts

Samples: Retention Agreement (Netratings Inc), Change of Control Severance Agreement (Somnus Medical Technologies Inc), Change of Control and Severance Agreement (Raining Data Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, including (without limitation) any termination prior to a Change of Control, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans and practices or policies at pursuant to other agreements with the time of terminationCompany.

Appears in 27 contracts

Samples: Change of Control Severance Agreement (Harmonic Inc), Change of Control Severance Agreement (Harmonic Inc), Change of Control Severance Agreement (Harmonic Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing established employee benefit plans and practices or policies at in accordance with other agreements between the time of terminationCompany and the Employee.

Appears in 17 contracts

Samples: Severance Agreement (Tandem Diabetes Care Inc), Employment Severance Agreement, Employment Severance Agreement (Tandem Diabetes Care Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or and as may otherwise be established under available in accordance with the Company’s then existing established employee benefit plans or and policies at the time of termination.

Appears in 13 contracts

Samples: Severance Rights Agreement, Retention Agreement, Retention Agreement (Neophotonics Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-“at will, ,” as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination. The Employee is not waiving any rights that he may have under applicable governing law.

Appears in 11 contracts

Samples: Executive Retention Agreement, Executive Retention Agreement (GlassHouse Technologies Inc), Executive Retention Agreement (GlassHouse Technologies Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, including (without limitation) any termination prior to a Change of Control, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing established employee benefit plans and practices or policies at pursuant to other agreements with the time of terminationCompany.

Appears in 9 contracts

Samples: Change of Control Severance Agreement (Harmonic Inc), Change of Control Severance Agreement (Harmonic Inc), Change of Control Severance Agreement (Harmonic Inc)

At-Will Employment. The Company and the Employee acknowledge that subject to the provisions of this Agreement, the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 9 contracts

Samples: Change of Control/Involuntary Termination Severance Agreement (Utstarcom Inc), Change of Control/Involuntary Termination Severance Agreement (Utstarcom Inc), Change of Control/Involuntary Termination Severance Agreement (Utstarcom Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, Agreement or the Existing Agreement or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 9 contracts

Samples: Change of Control Severance Agreement, Change of Control Severance Agreement (XOMA Corp), Change of Control Severance Agreement (XOMA Corp)

At-Will Employment. The Company and the Employee acknowledge that While this Agreement is in effect, the Employee’s 's employment is and with the Company shall continue to be at-willwill and, as defined under applicable law. If such, may be terminated by the Employee’s employment terminates Employee or the Company at any time, for any reasonreason and with or without advance notice, the Employee shall not be entitled subject to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination's severance obligations set forth herein.

Appears in 9 contracts

Samples: Key Employee Retention Agreement, Key Employee Retention Agreement (Acelity L.P. Inc.), Key Employee Retention Agreement (Acelity L.P. Inc.)

At-Will Employment. The Company and the Employee acknowledge that the ------------------ Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s 's then existing employee benefit plans or policies at the time of termination.

Appears in 8 contracts

Samples: Change of Control Severance Agreement (Lynuxworks Inc), Change of Control Severance Agreement (E Stamp Corp), Change of Control Severance Agreement (E Stamp Corp)

At-Will Employment. The Company Corporation and the Employee acknowledge that the Employee’s 's employment is at will and shall continue to may be at-will, as defined under applicable law. If the Employee’s employment terminates terminated at any time and for any reason, with or without notice. On termination of the Employee's employment, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be available in accordance with the Corporation's established under the Company’s then existing employee benefit plans or and policies at the time of termination.

Appears in 8 contracts

Samples: Officer Change of Control Agreement (Quantum Corp /De/), Change of Control Agreement (Quantum Corp /De/), Change of Control Agreement (Quantum Corp /De/)

At-Will Employment. The Company and the Employee acknowledge that the ------------------ Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans and practices or policies other agreements with the Company at the time of termination.

Appears in 7 contracts

Samples: Employment Agreement (Notify Corp), Employment Agreement (Notify Corp), Employment Agreement (Notify Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment with the Company is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any or no reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s or the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 7 contracts

Samples: Change of Control Severance Agreement (Zagg INC), Change of Control Severance Agreement (Logitech International Sa), Change of Control Severance Agreement (Logitech International Sa)

At-Will Employment. The Company Corporation and the Employee acknowledge that the Employee’s employment is at will and shall continue to may be at-willterminated at any time and for any reason, as defined under applicable lawwith or without notice. If On termination of the Employee’s employment terminates for any reasonemployment, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be available in accordance with the Corporation’s established under the Company’s then existing employee benefit plans or and policies at the time of termination.

Appears in 7 contracts

Samples: Change of Control Agreement (Quantum Corp /De/), Change of Control Agreement (Quantum Corp /De/), Change of Control Agreement (Quantum Corp /De/)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, this Agreement shall not entitle the Employee shall not be entitled to any paymentspayment, benefitsbenefit, damagesdamage, awards award or compensation other than as specifically provided by this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 6 contracts

Samples: Change of Control Agreement (Gadzoox Networks Inc), Change of Control Agreement (Gadzoox Networks Inc), Change of Control Agreement (Gadzoox Networks Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, including (without limitation) any termination prior to a Change of Control, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing 's written employee benefit plans or policies at pursuant to other written agreements with the time of terminationCompany.

Appears in 6 contracts

Samples: Management Retention Agreement (Bell Microproducts Inc), Management Retention Agreement (Bell Microproducts Inc), Management Retention Agreement (Bell Microproducts Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-at will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans or and policies at the time of termination.

Appears in 5 contracts

Samples: Employment Agreement (Plantronics Inc /Ca/), Employment Agreement (Plantronics Inc /Ca/), Employment Agreement (Plantronics Inc /Ca/)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, ,” as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, pursuant to the terms of any incentive award agreement or as may otherwise be established under the Company’s then existing employee benefit plans plan or policies at the time of terminationrequired under applicable law.

Appears in 5 contracts

Samples: Change in Control and Severance Agreement (XPO, Inc.), Change in Control and Severance Agreement (XPO, Inc.), Change in Control and Severance Agreement (XPO, Inc.)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards award or compensation other than as provided by in this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing employee benefit 's established written plans or and written policies at the time of termination.

Appears in 5 contracts

Samples: Employment Agreement (Visual Numerics Inc), Employment Agreement (Visual Numerics Inc), Employment Agreement (Visual Numerics Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is at will and shall continue to may be at-willterminated at any time and for any reason, as defined under applicable lawwith or without notice. If On termination of the Employee’s employment terminates for any reasonemployment, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing established employee benefit plans or and policies at the time of termination.

Appears in 5 contracts

Samples: Change in Control Agreement (Qad Inc), Change in Control Agreement (Qad Inc), Change in Control Agreement (Qad Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, including (without limitation) any termination prior to a Change of Control, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing 's written employee benefit plans or policies at pursuant to other written agreements with the time of terminationCompany.

Appears in 4 contracts

Samples: Management Retention Agreement (Bell Microproducts Inc), Management Retention Agreement (Bell Microproducts Inc), Management Retention Agreement (Bell Microproducts Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing established employee benefit plans and practices or policies other agreements with the Company at the time of termination.

Appears in 4 contracts

Samples: Employment Agreement (Notify Technology Corp), Employment Agreement (Notify Technology Corp), Employment Agreement (Notify Technology Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, ,” as defined under applicable law. If the Employee’s employment terminates for any lawful reason, including (without limitation) any termination prior to a Change of Control, the Employee shall not be entitled to any contractual payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing established employee benefit plans or policies at pursuant to other written agreements with the time of terminationCompany.

Appears in 4 contracts

Samples: Change of Control Severance Agreement (Chalone Wine Group LTD), Change of Control Severance Agreement (Chalone Wine Group LTD), Change of Control Severance Agreement (Chalone Wine Group LTD)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this AgreementAgreement or required by applicable law, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 4 contracts

Samples: Retention and Incentive Agreement (Adventrx Pharmaceuticals Inc), Retention and Incentive Agreement (Adventrx Pharmaceuticals Inc), Retention and Incentive Agreement (Adventrx Pharmaceuticals Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as otherwise also may otherwise be established under the Company’s 's then existing employee benefit plans or policies at the time of termination.

Appears in 3 contracts

Samples: Change in Control Severance Agreement (Engenio Information Technologies, Inc.), Change of Control Severance Agreement (Lsi Logic Corp), Change in Control Severance Agreement (Engenio Information Technologies, Inc.)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing established employee benefit plans and practices or policies other agreements with the Company at the time of termination.

Appears in 3 contracts

Samples: Change of Control Agreement (Pro Dex Inc), Change of Control Agreement (Pro Dex Inc), Change of Control Agreement (Pro Dex Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reasonreason prior to a Change of Control, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as the benefits provided by this Agreement, or as may any other benefits unless otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans and practices or policies at pursuant to other agreements with the time of terminationCompany.

Appears in 3 contracts

Samples: Key Employee Retention Agreement (Pets Com Inc), Key Employee Retention Agreement (Pets Com Inc), Change of Control Agreement (Pets Com Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or and as may otherwise be established under available in accordance with the Company’s then existing established employee benefit plans or and policies at the time of termination.. NeoPhotonics Corporation Confidential Information

Appears in 3 contracts

Samples: Severance Rights Agreement (Neophotonics Corp), Severance Rights Agreement (Neophotonics Corp), Severance Rights Agreement (Neophotonics Corp)

At-Will Employment. The Company and the Employee acknowledge that subject to the provisions of this Agreement, the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s 's then existing employee benefit plans or policies at the time of termination.

Appears in 3 contracts

Samples: Change of Control Severance Agreement (Utstarcom Inc), Change of Control/Involuntary Termination Severance Agreement (Utstarcom Inc), Change of Control Severance Agreement (Utstarcom Inc)

At-Will Employment. The Your employment with the Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, will as defined under applicable law, meaning that either you or the Company may terminate your employment relationship at any time, with or without cause and with or without advance notice. If the Employee’s your employment terminates for any reasonreason following a Change in Control, the Employee you shall not be entitled to any payments, benefits, damages, awards award or compensation other than as provided required by law, as set forth in this Agreement, or as may otherwise be established under pursuant to the Company’s then existing employee benefit plans or policies in place at the time of terminationthe termination (to the extent applicable).

Appears in 3 contracts

Samples: Change in Control Severance Benefits Agreement (Leadis Technology Inc), Change in Control Severance Benefits Agreement (Leadis Technology Inc), Change in Control Severance Benefits Agreement (Leadis Technology Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, including (without limitation) any termination prior to a Change of Control, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans or and policies at the time of termination.

Appears in 3 contracts

Samples: Management Continuity Agreement (Usweb Corp), Management Continuity Agreement (Usweb Corp), Management Continuity Agreement (Usweb Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to will be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the including (without limitation) any termination prior to a Change of Control, Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans and practices or policies at pursuant to other agreements with the time of terminationCompany.

Appears in 3 contracts

Samples: Employment Agreement (Computer Access Technology Corp), Employment Agreement (Computer Access Technology Corp), Employment Agreement (Computer Access Technology Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law, and that Employee’s employment with the Company may be terminated by either party at any time for any or no reason. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards award or compensation other than as provided in this Agreement or otherwise agreed to by this Agreement, the Company or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of terminationprovided by applicable law.

Appears in 3 contracts

Samples: Employment Agreement (Apricus Biosciences, Inc.), Employment Agreement (Apricus Biosciences, Inc.), Employment Agreement (Apricus Biosciences, Inc.)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, including (without limitation) any termination prior to a Change of Control, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, Agreement or as may otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans and practices or policies at pursuant to other agreements with the time of terminationCompany.

Appears in 3 contracts

Samples: Change of Control Severance Agreement (Sync Research Inc), Change of Control Severance Agreement (Sync Research Inc), Change of Control Severance Agreement (Sync Research Inc)

At-Will Employment. The Company and the Employee you acknowledge that the Employee’s your employment is and shall will continue to be at-will, as defined under applicable law, which means that either the Company or you may terminate your employment with the Company at any time and for any reason, with or without cause or notice. If the Employee’s your employment terminates for any reason, the Employee shall you will not be entitled to any payments, separation payments or benefits, damages, awards or compensation other than as provided by this Retention Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 3 contracts

Samples: Retention Agreement (Vivus Inc), Retention Agreement (Vivus Inc), Retention Agreement (Vivus Inc)

At-Will Employment. The Company and the Employee acknowledge agree that the Employee’s employment with the Company is and shall continue to be at-will, ” and may be terminated at any time with or without cause or notice by either the Company or Employee. No provision of this Agreement shall be construed as defined under applicable law. If the Employee’s employment terminates for any reason, the conferring upon Employee shall not be entitled a right to any payments, benefits, damages, awards or compensation other than continue as provided by this Agreement, or as may otherwise be established under an employee of the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 3 contracts

Samples: Severance Agreement (Digirad Corp), Severance Agreement (Digirad Corp), Employment Agreement (Tvia Inc)

At-Will Employment. The Company and the Employee acknowledge that the ------------------ Employee’s 's employment is and shall continue to be for no specified duration ("at-will, ," as defined under applicable law) and may be terminated at any time by either party. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s 's then existing employee benefit plans or policies at the time of termination.

Appears in 3 contracts

Samples: Employment Agreement (Applied Imaging Corp), Employment Agreement (Applied Imaging Corp), Employment Agreement (Applied Imaging Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If However, under the Employee’s employment terminates for any reasontermination events set forth in Section 2 below, the Employee shall not will be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of terminationapplicable benefits set forth in such section.

Appears in 2 contracts

Samples: Severance and Change of Control Agreement (EBR Systems, Inc.), Severance and Change of Control Agreement (EBR Systems, Inc.)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, including (without limitation) any termination prior to a Change of Control, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans and practices or policies at pursuant to other agreements with the time of terminationCompany.

Appears in 2 contracts

Samples: Change of Control Agreement (Netcentives Inc), Change of Control Severance Agreement (Unwired Planet Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, including (without limitation) any termination prior to a Change of Control, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans or policies at pursuant to other written agreements with the time of terminationCompany.

Appears in 2 contracts

Samples: Change of Control Severance Agreement (New Era of Networks Inc), Change of Control Severance Agreement (New Era of Networks Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the including (without limitation) a termination prior to a Change of Control, Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing established written employee benefit plans or policies at the time of terminationplans.

Appears in 2 contracts

Samples: Management Retention Agreement, Management Retention Agreement (Peregrine Semiconductor Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law, and that Employee’s employment with the Company may be terminated by either party at any time for any or no reason. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation benefits other than as provided by in this Agreement, Agreement or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of terminationapplicable law.

Appears in 2 contracts

Samples: Employment Agreement (Omeros Corp), Employment Agreement (Omeros Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or plans, agreements and policies at the time of termination.

Appears in 2 contracts

Samples: Change of Control Agreement (DCB Financial Corp), Change of Control Agreement (Alliance Financial Corp /Ny/)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and hereunder shall continue to be at-will, as defined under applicable law. If meaning that Employee or Company may terminate the Employee’s employment terminates for relationship at any reasontime, with or without cause, and with or without notice, provided however that, the Company agrees that termination of employment of the Employee shall not by the Company can only be entitled to any payments, benefits, damages, awards by action of the Chief Executive Officer or compensation other than as provided by this Agreement, or as may otherwise be established under designee of the Company’s then existing employee benefit plans or policies at the time of terminationChief Executive Officer.

Appears in 2 contracts

Samples: Employment Agreement (Charlotte's Web Holdings, Inc.), Employment Agreement (Charlotte's Web Holdings, Inc.)

At-Will Employment. The Employee acknowledges that his employment remains at-will and that as an at-will employee, Employee’s services may be terminated with or without cause by the Company and or by the Employee acknowledge that at any time upon written notice to the Employee’s employment is and shall continue to be at-willother Party of any termination of employment, as defined under applicable unless otherwise required by state law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 2 contracts

Samples: Employment Agreement (Xtant Medical Holdings, Inc.), Employment Agreement (Xtant Medical Holdings, Inc.)

At-Will Employment. The Company Employer and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law, and that Employee’s employment with Employer may be terminated by either party at any time for any or no reason, with or without notice. If the If’ Employee’s employment terminates for any reasonreason during the Term, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by in this Agreement, Agreement or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of terminationrequired by applicable law.

Appears in 2 contracts

Samples: Change in Control Agreement (Southern California Bancorp \ CA), Change in Control Agreement (Southern California Bancorp \ CA)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, Agreement or as may otherwise be established under the Company’s then existing employee other written Company benefit plans or policies at the time of terminationplans.

Appears in 2 contracts

Samples: Executive Employment Agreement (Wordcruncher Internet Technologies), Executive Employment Agreement (Wordcruncher Internet Technologies)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans and practices or policies other agreements with the Company at the time of termination.

Appears in 2 contracts

Samples: Employment Agreement (Gadzoox Networks Inc), Employment Agreement (Gadzoox Networks Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans and practices or policies other agreements with the Company at the time of termination.

Appears in 2 contracts

Samples: Employment Agreement (Notify Technology Corp), Employment Agreement (Notify Technology Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reasonreason prior to, and not in connection with, a Change of Control, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as the benefits provided by this Agreement, or as may any other benefits unless otherwise be established under available in accordance with the Company’s then existing established employee benefit plans and practices or policies at pursuant to other agreements with the time of terminationCompany.

Appears in 2 contracts

Samples: Key Employee Retention Agreement (Claria Corp), Key Employee Retention Agreement (Claria Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the including (without limitation) any termination prior to a Change of Control, Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, Agreement or as may otherwise be established under available in accordance with the Company’s then existing established employee benefit plans or policies at the time of terminationplans.

Appears in 2 contracts

Samples: Involuntary Termination Severance Agreement (Fusion-Io, Inc.), Involuntary Termination Severance Agreement (Fusion-Io, Inc.)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, ,” as defined or interpreted under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing established employee benefit plans and practices or policies at in accordance with other agreements between the time of terminationCompany and the Employee.

Appears in 2 contracts

Samples: Change of Control Agreement (Sunworks, Inc.), Change of Control Agreement (Sunworks, Inc.)

At-Will Employment. The Company and the Employee acknowledge that the ------------------ Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans or and policies at the time of termination.

Appears in 2 contracts

Samples: Management Continuity Agreement (Captura Software Inc), Management Continuity Agreement (Captura Software Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-willwill and may be terminated at any time by either party, with or without cause or prior notice, and the fact that any such termination may, under certain circumstances, give rise to certain obligations as defined under applicable law. If set forth herein shall not impact the at-will status of the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of terminationemployment.

Appears in 2 contracts

Samples: Employment Agreement (Nuverra Environmental Solutions, Inc.), Employment Agreement (Nuverra Environmental Solutions, Inc.)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any paymentscompensation, benefits, damages, awards benefits or compensation payments other than as provided by this AgreementAgreement or that Offer Letter dated July 20, 2004 between the Company and the Employee (the “Offer Letter”), as applicable, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 2 contracts

Samples: Change of Control Option Acceleration Agreement, Change of Control Option Acceleration Agreement (Synplicity Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, including (without limitation) any termination prior to a CEO Change, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 1 contract

Samples: Severance Agreement (Foxhollow Technologies, Inc.)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue at all times to be at-will, as defined under applicable law, meaning that either the Employee or the Company may terminate the Employee’s employment at any time and for any reason without any liability therefore, except as expressly provided in this Agreement. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing established employee benefit plans or and policies at the time of termination.

Appears in 1 contract

Samples: Employment Agreement (Monolithic Power Systems Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reasonreason not in connection with a Change of Control, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by under Section 3(b) of this Agreement, Agreement but may be entitled to payments or as may otherwise be established under benefits in accordance with the Company’s then existing other established employee benefit plans and practices or policies at pursuant to other agreements with the time of terminationCompany.

Appears in 1 contract

Samples: Change of Control Severance Agreement (Openwave Systems Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans and practices or policies other agreements with the Company at the time of termination.

Appears in 1 contract

Samples: Employment Agreement (Notify Technology Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law, and may be terminated by either party at any time, with or without cause. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to including (without limitation) any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.termination more than

Appears in 1 contract

Samples: Management Retention Agreement (3com Corp)

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At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates will and may be terminated at any time and for any reason, with or without notice. On termination of Employee's employment with the Company, Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans or and policies at the time of termination.

Appears in 1 contract

Samples: Change of Control Agreement (Alsius Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is is, and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reasonreason other than an Involuntary Termination following a Change of Control, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as except for those payments that may otherwise be established under available in accordance with the Company’s then existing established employee benefit plans and practices or policies at pursuant to other agreements with the time of terminationCompany.

Appears in 1 contract

Samples: Change of Control Severance Agreement (Pyr Energy Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, including (without limitation) any termination prior to a Change of Control or Video Transaction, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing established employee benefit plans and practices or policies at pursuant to other agreements with the time of terminationCompany.

Appears in 1 contract

Samples: Change of Control Severance Agreement (Harmonic Inc)

At-Will Employment. The Company Corporation and the Employee acknowledge that ------------------ the Employee’s 's employment is at will and shall continue to may be at-will, as defined under applicable law. If the Employee’s employment terminates terminated at any time and for any reason, with or without notice. On termination of the Employee's employment, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be available in accordance with the Corporation's established under the Company’s then existing employee benefit plans or and policies at the time of termination.

Appears in 1 contract

Samples: Change of Control Agreement (Quantum Corp /De/)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment Employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment Employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as otherwise also may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 1 contract

Samples: Change in Control Severance Agreement (Lsi Logic Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as otherwise also may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 1 contract

Samples: Change in Control Severance Agreement (Lsi Logic Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be for no specified duration (“at-will, ,” as defined under applicable law) and may be terminated at any time by either party. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 1 contract

Samples: Employment Agreement (Applied Imaging Corp)

At-Will Employment. The Company and the Employee acknowledge that ------------------ the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s 's then existing employee benefit plans or policies at the time of termination.

Appears in 1 contract

Samples: Change of Control Severance Agreement (E Stamp Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue at all times to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing established employee benefit plans and policies or policies other written agreements with the Employee at the time of termination.

Appears in 1 contract

Samples: Change of Control Agreement (Monolithic Power Systems Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any paymentscompensation, benefits, damages, awards benefits or compensation payments other than as provided by this AgreementAgreement or that Offer Letter dated June 19, 1997 between the Company and the Employee (the “Offer Letter”), as applicable, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 1 contract

Samples: Change of Control Option Acceleration Agreement (Synplicity Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reasonreason prior to a Change of Control or prior to and not in connection with a Liquidation, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as the benefits provided by this Agreement, or as may any other benefits unless otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans and practices or policies at pursuant to other agreements with the time of terminationCompany.

Appears in 1 contract

Samples: Key Employee Retention Agreement (Pets Com Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to will be at-will, as defined under applicable law, and that Employee’s employment with the Company may be terminated by either party at any time for any or no reason. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards award or compensation other than as provided in this Agreement or otherwise agreed to by this Agreement, the Company or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of terminationprovided by applicable law.

Appears in 1 contract

Samples: Employment Agreement (Apricus Biosciences, Inc.)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any paymentscompensation, benefits, damages, awards benefits or compensation payments other than as provided by this AgreementAgreement or that Letter of Promotion dated September 20, 2004 between the Company and the Employee (the “Offer Letter”), as applicable, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 1 contract

Samples: Change of Control Option Acceleration Agreement (Synplicity Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s 's then existing employee benefit plans or policies at the time of termination. The Employee is not waiving any rights that he/she may have under the applicable governing law.

Appears in 1 contract

Samples: Change of Control Severance Agreement (Viant Corp)

At-Will Employment. The Company and the Employee acknowledge that subject to the provisions of this Agreement, the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination, unless otherwise required by applicable laws and regulations.

Appears in 1 contract

Samples: Involuntary Termination Severance Agreement (Utstarcom Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any paymentscompensation, benefits, damages, awards benefits or compensation payments other than as provided by this AgreementAgreement or that Offer Letter dated October 1, 1998 between the Company and the Employee (the “Offer Letter”), as applicable, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 1 contract

Samples: Change of Control Option Acceleration Agreement (Synplicity Inc)

At-Will Employment. The Notwithstanding any other provisions of this Agreement, Employee shall constitute an at-will employee and either the Company and the or Employee acknowledge that the may terminate Employee’s employment is and shall continue to be at-willat any time, with or without Cause (as defined under applicable law. If the Employee’s employment terminates for any reasonbelow), the Employee immediately upon written notice and except as provided in Section 2.1 below, this Agreement shall not be entitled require the Company to pay Employee any paymentsother compensation or reimbursement of any kind including without limitation, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of terminationseverance compensation.

Appears in 1 contract

Samples: Change in Control Agreement (Enterprise Financial Services Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, including (without limitation) any termination prior to the announcement of a Change of Control, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as except for those payments that may otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans and practices or policies at pursuant to other agreements with the time of terminationCompany.

Appears in 1 contract

Samples: Change of Control Severance Agreement (Intraware Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall will continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall will not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 1 contract

Samples: Change of Control and Severance Agreement (Ev3 Inc.)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law, except as may otherwise be specifically provided under the terms of any written formal employment agreement or offer letter between the Company and the Employee (an “Employment Agreement”). If the Employee’s employment terminates for any reason, including (without limitation) any termination prior to a Change of Control, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.,

Appears in 1 contract

Samples: Change of Control Severance Agreement (Business Objects S.A.)

At-Will Employment. The Company Employer and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, Agreement or as may otherwise be established under the CompanyEmployer’s then existing employee benefit plans or policies at the time of termination.

Appears in 1 contract

Samples: Change in Control Agreement (Mobility Electronics Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law, and that Employee’s employment with the Company may be terminated by either party at any time for any or no reason. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation benefits other than as provided by in this Agreement, Agreement or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of terminationapplicable law. 4.

Appears in 1 contract

Samples: Employment Agreement

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall will continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the including (without limitation) any termination prior to a Change of Control, Employee shall will not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, Agreement or as may otherwise be established under the Company’s then existing employee benefit plans terms of any written formal employment agreement or policies at fully executed offer letter between the time of terminationCompany and Employee (an “Employment Agreement”).

Appears in 1 contract

Samples: Change of Control Severance Agreement (Acclarent Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, Agreement or as may otherwise be established under the Company’s then existing employee other written Company benefit plans or policies at the time of termination.plans

Appears in 1 contract

Samples: Executive Employment Agreement (Wordcruncher Internet Technologies)

At-Will Employment. The Company and the Employee acknowledge that the ------------------ Employee’s 's employment is and shall continue to be at-will, as defined under applicable law, and that Employee's employment with the Company may be terminated by either party at any time for any or no reason. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards award or compensation other than as provided by in this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 1 contract

Samples: Employment Agreement (Preview Travel Inc)

At-Will Employment. The Company and the Employee acknowledge that that, notwithstanding the foregoing, Employee’s employment is and shall will continue to be at-will, as defined under applicable law. If As an at-will employee, either the Employee’s Company or the Employee may terminate the employment terminates for relationship at any reasontime, with or without cause; provided, however, that in connection with such termination, the Company will provide Employee shall not be entitled with any applicable benefits under Section 2 to any paymentswhich Employee is entitled, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under all in accordance with the Company’s then existing employee benefit plans or policies at the time of terminationterms and conditions thereof.

Appears in 1 contract

Samples: Change in Control Agreement (Accuray Inc)

At-Will Employment. The Company Corporation and the Employee acknowledge that the Employee’s employment is at will and shall continue to may be at-willterminated at any time and for any reason, as defined under applicable lawwith or without notice. If On termination of the Employee’s employment terminates for any reasonemployment, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Amended Agreement, or as may otherwise be available in accordance with the Corporation’s established under the Company’s then existing employee benefit plans or and policies at the time of termination.

Appears in 1 contract

Samples: Change of Control Agreement (Quantum Corp /De/)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates is terminated for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, expressly set forth herein or as may otherwise be established under available in accordance with the Company’s then existing established employee benefit plans or policies at the time of terminationand practices.

Appears in 1 contract

Samples: Employment Agreement (Emphasys Medical, Inc.)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-at will, as defined under applicable law. If the Employee’s employment terminates for , and may be terminated by either party at any reasontime, the Employee shall not be entitled to any payments, benefits, damages, awards with or compensation other than as provided by this Agreement, without cause or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of terminationnotice.

Appears in 1 contract

Samples: Management Retention Agreement (Palm Inc)

At-Will Employment. The Company and the Employee acknowledge agree that the Employee’s 's employment is and shall continue to be at-at will, as defined under applicable lawand that their employment relationship may be terminated by either party at any time, with or without cause. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 1 contract

Samples: Severance and Change of Control Agreement (General Magic Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reasonreason prior to a Change of Control, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as the benefits provided by this Agreement, or as may any other benefit unless otherwise be established under available in accordance with the Company’s then existing established employee benefit plans and practices or policies at pursuant to other agreements with the time of terminationCompany.

Appears in 1 contract

Samples: Key Employee Retention Agreement (Claria Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s company's then existing employee benefit plans or policies at the time of termination.

Appears in 1 contract

Samples: Change of Control Severance Agreement (Remec Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any paymentscompensation, benefits, damages, awards benefits or compensation payments other than as provided by this AgreementAgreement or that Offer Letter dated December 3, 1997 between the Company and the Employee (the “Offer Letter”), as applicable, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 1 contract

Samples: Change of Control Option Acceleration Agreement (Synplicity Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reasonreason prior to a Change of Control, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as the benefits provided by this Agreement, or as may any other benefits unless otherwise be established under available in accordance with the Company’s then existing established employee benefit plans and practices or policies at pursuant to other agreements with the time of terminationCompany.

Appears in 1 contract

Samples: Change of Control Agreement (Seattle Genetics Inc /Wa)

At-Will Employment. The Employment with the Company constitutes “At-Will” employment. Employee shall be considered, and shall always remain, an At-Will employee. As a result, Employee is free to terminate his employment at any time, for any reason or for no reason. Similarly, the Employee acknowledge that the Company is free to terminate Employee’s employment is and shall continue to be at-willemployment, as defined under applicable law. If the Employee’s employment terminates at any time, for any reason or for no reason, subject to the Employee shall not be entitled to any paymentsbelow severance terms. Initials: ____, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination._MB___

Appears in 1 contract

Samples: Executive Employment Agreement (Zenlabs Holdings Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If , and may be terminated by either the Employee’s employment terminates for any reason, Company or the Employee shall not be entitled to at any paymentstime, benefits, damages, awards with or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of terminationwithout cause.

Appears in 1 contract

Samples: Management Retention Agreement (Novadigm Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, as required by applicable law or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 1 contract

Samples: Change of Control Severance Agreement (Xenogen Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s 's then existing employee benefit plans or policies at the time of termination.

Appears in 1 contract

Samples: Change of Control Agreement (Curon Medical Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment during the Employment Period is and shall continue to be at-will, as defined under applicable law, and that Employee’s employment with the Company during the Employment Period may be terminated by either party at any time for any or no reason, with or without notice. If the Employee’s employment terminates for any reasonreason following the Effective Date, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by in this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 1 contract

Samples: Employment Transition Agreement (Apricus Biosciences, Inc.)

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