Common use of Breach by Company Clause in Contracts

Breach by Company. Executive shall have the right, at his election, to terminate his employment with the Company by written notice to the Company to that effect if the Company shall have failed to perform a material condition or covenant of this Agreement or the Company shall have made a change resulting in diminution in Executive's duties, authority, responsibility or compensation without performance or market justification (a "Company Material Breach"); provided, however, that termination for a Company Material Breach will not be effective until Executive shall have given written notice specifying the claimed breach and, provided such breach is curable, the Company fails to cure the alleged breach within thirty (30) days after the receipt of the applicable notice (but within ten (10) days if the failure to perform is a failure to pay monies when due under the terms of this Agreement), or if the Company repeatedly commits a Company Material Breach as to which at least two (2) written notices have been given pursuant to clause 6(b)(i) above.

Breach by Company. Executive shall have the right, at his election, to terminate his employment with the Company by written notice to the Company to that effect if the Company shall have failed to perform a material condition or covenant of this Agreement or the Company shall have made a change resulting in diminution in Executive's duties, authority, responsibility or compensation without performance or market justification (a "Company Material Breach"); provided, however, that termination for a Company Material Breach will not be effective until Executive shall have given written notice specifying the claimed breach and, provided such breach is curable, the Company fails to cure the alleged breach within thirty (30) days after the receipt of the applicable notice (but within ten (10) days if the failure to perform is a failure to pay monies when due under the terms of this Agreement), or if the Company repeatedly commits a Company Material Breach as to which at least two (2) written notices have been given pursuant to clause 6(b)(i) above.

Breach by Company. Executive shall have the right, at his election, to terminate his employment with the Company by written notice to the Company to that effect if the Company shall have failed to perform a material condition or covenant of this Agreement or the Company shall have made a change resulting in diminution in Executive's duties, authority, responsibility or compensation without performance or market justification (a "Company Material Breach"); provided, however, that termination for a Company Material Breach will not be effective until Executive shall have given written notice specifying the claimed breach and, provided such breach is curable, the Company fails to cure the alleged breach within thirty (30) days after the receipt of the applicable notice (but within ten (10) days if the failure to perform is a failure to pay monies movies when due under the terms of this Agreement), or if the Company repeatedly commits a Company Material Breach as to which at least two (2) written notices have been given pursuant to clause 6(b)(i) above.