Breach by Employer Sample Clauses

Breach by Employer. In the event that the Employer breaches this Agreement or advances an action, either in law or equity, that is adjudicated or results in a judgement in favor of the Employee, Employer shall reimburse Employee for reasonable costs and expenses, including reasonable attorneys fees.
Sample 1
Breach by Employer. In the event that the Employer Parties breach this Agreement, the Employee Parties will be entitled to bring an action for breach of this Agreement, but not for any claims released by Paragraph II.
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Breach by Employer. (a) Employee may terminate his employment with Employer upon a material breach by Employer of this Agreement which remains uncured for thirty (30) days after written notice thereof by Employee to Employer. Employer agrees that the following events, among others, constitute a material breach by Employer of this Agreement: (i) Employee is assigned duties inconsistent with his position, duties, responsibility and status with Employer as set forth in this Agreement (other than a promotion or advancement); (ii) there is a change in Employee's reporting responsibilities (other than a promotion or advancement); (iii) Employer materially reduces the Employee benefits, taken as a whole, available to Employee, including the benefits described in Section 4(a) hereof; (iv) Employee is relocated to any place other than Dallas County, Texas, except for required travel by Employee on Employer's business; provided however, other breaches by Employer of this -------- ------- Agreement may also constitute a material breach. (b) Upon termination of employment by Employee under Section 5(a), Employer shall pay Employee as liquidated damages, and not as a penalty, in a lump sum or on an annuity basis, at Employee's sole option, an amount equal to 150% of Employee's Annual Base Salary for one year. It is acknowledged and agreed to by the parties hereto that because actual damages would be difficult to ascertain in the event that Employer materially breaches this Agreement, the amount of liquidated damages provided for herein is reasonable and appropriate to remedy any such breach and to compensate Employee for any damages incurred by him hereunder. If the amount due under this Section 5(b) is paid in a lump sum, the amount paid to Employee shall be discounted to a present value at a discount rate equal to the prime rate of Texas Commerce Bank on the date of payment plus 1%. (c) Upon termination of employment by Employee under Section 5(a), Employee shall have no obligation to seek other employment or otherwise to mitigate damages. If Employee obtains other employment after his termination of employment Amendment to Xxxxxxx Employment Agreement ----------------------------------------- with the Company but during the Employment Period (as if Employee had not terminated his employment), the amount due him under this Section 5 shall be reduced by the excess (the "Excess"), if any, of (i) his annual base salary with his new employer, plus any additional amounts the payment of which...
Sample 1
Breach by Employer. Notwithstanding the foregoing, in the event that the Employer breaches any provision in Paragraphs 3 or 4 hereof with respect to compensation or perquisites owed to the Executive prior to or after termination of his employment, the rights and remedies of Employer under this Paragraph shall be null and void until such breach is cured.
Sample 1
Breach by Employer. In the event Employer terminates Employee without cause, subparagraph “A” shall not be enforceable; however, in any event, all other subparagraphs of this section shall remain fully enforceable,
Sample 1
Breach by Employer. By Physician upon a material breach of any of the terms of this Agreement by Employer, which breach is not cured within thirty (30) days after written notice thereof is given to Employer by Physician.
Sample 1
Breach by Employer. A material breach by Employer of any material provision of this Agreement, which remains uncorrected for 30 days following Employee's written notice to Employer of such breach. Upon such a termination, Employee shall be entitled to receive the amount of one year's annual base salary and performance bonus ("Amount"). This Amount will be calculated by taking the average of Employee's annual base salary and performance bonus for the last two years of Employee's employment with Employer or another Enron affiliate. Fifty percent of the Amount shall be paid in six (6) equal installments each month during the first six (6) months following the Involuntary Termination; the remaining fifty percent will be paid in a single lump-sum payment at the end of that six-month period.
Sample 1
Breach by Employer. If termination of Executive's employment arises out of Employer's failure to pay Executive on a timely basis the amounts to which Executive is entitled under this Agreement or as a result of any other breach of this Agreement by Employer, as determined by a court of competent jurisdiction or pursuant to the provisions of paragraph 15 below, Employer shall pay all amounts and damages to which Executive may be entitled as a result of such breach, including interest thereon and all reasonable legal fees and expenses and other costs incurred by Executive to enforce his rights hereunder. Further, none of the provisions of paragraph 3 shall apply in the event this Agreement is terminated as a result of a breach by Employer.
Sample 1
Breach by Employer. Employee agrees that he shall not commence any legal action or proceeding relating to or arising out of this Agreement or his employment relationship with Employer (including, without limitation, any and all claims for compensation or employment discrimination or claims based upon a violation or alleged violation of any other labor- or employment-related federal, state or local law) more than one hundred eighty (180) days after the date such claim first arises, and Employee hereby voluntarily waives any statutes or periods of limitations to the contrary. Employee's sole remedy for any alleged breach of this Agreement by Employer shall be limited to the amount of Severance Pay which otherwise would have been payable.
Sample 1

Related to Breach by Employer

  • Breach by Executive Executive is obligated under this Agreement to render services of a special, unique, unusual, extraordinary, and intellectual character, which give this Agreement particular value. The loss of these services cannot be reasonably or adequately compensated in damages in an action at law. Accordingly, in addition to other remedies provided by law or this Agreement, Employer shall have the right during the Term and any period of non-competition governed by this Agreement, to seek injunctive relief against breach or threatened breach of this Agreement by Executive or the performance of services, or threatened performance of services, by Executive in violation of this Agreement, or both. This Section is not meant to limit the damages the Employer may pursue and is not meant to be an exhaustive list of the relief available to the Employer.

  • Breach by Seller In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser’s default, Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the Escrow Deposit, if any, shall be forthwith returned by the title company to Purchaser.

  • Termination by Executive with Good Reason Executive may terminate his employment with Good Reason by providing the Company thirty (30) days’ written notice setting forth in reasonable specificity the event that constitutes Good Reason, which written notice, to be effective, must be provided to the Company within ninety (90) days of Executives knowledge of occurrence of such event. During such thirty (30) day notice period, the Company shall have a cure right, and if not cured within such period, Executive’s termination will be effective upon the expiration of such cure period, and Executive shall be entitled to the same payments and benefits as provided in Section 8(d) hereof for a termination by the Company without Cause, subject to the same conditions on payment and benefits as described in Section 8(d) hereof. Following such termination of Executive’s employment by Executive with Good Reason, except as set forth in this Section 8(e), Executive shall have no further rights to any compensation or any other benefits under this Agreement. For the avoidance of doubt, Executive’s sole and exclusive remedy upon a termination of employment with Good Reason shall be receipt of the Severance Benefits.

  • Termination by Employer (i) Employer may terminate this Agreement upon written notice for Cause. For purposes hereof, "Cause" shall mean (A) engaging by the Employee in conduct that constitutes activity in competition with Employer; (B) the conviction of Employee for the commission of a felony; and/or (C) the habitual abuse of alcohol or controlled substances. Notwithstanding anything to the contrary in this Section 10(a)(i), Employer may not terminate Employee's employment under this Agreement for Cause unless Employee shall have first received notice from the Board advising Employee of the specific acts or omissions alleged to constitute Cause, and such acts or omissions continue after Employee shall have had a reasonable opportunity (at least 10 days from the date Employee receives the notice from the Board) to correct the acts or omissions so complained of. In no event shall alleged incompetence of Employee in the performance of Employee's duties be deemed grounds for termination for Cause.

  • Termination by Employee In the event Employee terminates this Agreement, the Company shall be obligated to pay Employee that pro-rata portion of his current semi-monthly Base Salary payment, as adjusted for any increase thereto, which is earned but unpaid as of the Termination Date, any earned but unpaid incentive compensation, any accrued but unpaid paid time off (“PTO”) due to him through the Termination Date and any unreimbursed expenses. Employee will not be entitled to, nor will he receive, any type of severance payment, unless he has Good Reason, as defined below, to terminate this Agreement. If Employee has Good Reason then he shall receive the severance outlined in subsection (B)(ii)(b) below addressing Termination by the Company without Cause, subject to its requirements for receipt of such payment. If Employee terminates Employee’s employment pursuant to this subsection (B)(i), then the Company, at its option, may require Employee to cease providing services during the thirty (30) day notice period required therein; provided, however, for purposes of calculating payment upon termination under this Agreement, Employee shall be treated as if he was employed during such thirty (30) day period. “Good Reason” shall mean (1) a material involuntary reduction in Employee’s duties, authority, reporting responsibility or function by the Company, (2) a material reduction in Employee’s compensation package other than as mutually agreed, (3) Employee’s involuntary relocation to a principal place of work more than thirty (30) miles from Charlotte, North Carolina or (4) a material breach by the Company of its obligations hereunder, provided that, upon the occurrence of any of these acts or omissions, Employee gives the Company notice of his belief that he has Good Reason to terminate this Agreement and the Company fails to cure within thirty (30) business days of receipt of Employee’s notice.

  • Release by Employee In exchange for the benefits set forth in the Separation and Release Agreement entered into by and between the Company and Employee, dated as of March 14, 2022, (the “Agreement”) to which this Release is an exhibit, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Employee agrees unconditionally and forever to release and discharge the Company and the Company’s affiliated, related, parent and subsidiary corporations, as well as their respective past and present parents, subsidiaries, affiliates, associates, members, stockholders, employee benefit plans, attorneys, agents, representatives, partners, joint venturers, predecessors, successors, assigns, insurers, owners, employees, officers, directors and all persons acting by, through, under, or in concert with them, or any of them (hereinafter the “Releasees”) from any and all manner of claims, actions, causes of action, in law or in equity, demands, rights, or damages of any kind or nature which Employee may now have, or ever have, whether known or unknown, fixed or contingent, including any claims, causes of action or demands of any nature (hereinafter called “Claims”), that Employee now has or may hereafter have against the Releasees by reason of any and all acts, omissions, events or facts occurring or existing prior to Employee’s execution of this Release. The Claims released hereunder specifically include, but are not limited to, any claims for fraud; breach of contract; breach of implied covenant of good faith and fair dealing; inducement of breach; interference with contract; wrongful or unlawful discharge or demotion; violation of public policy; sexual or any other type of assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; failure to pay wages, benefits, vacation pay, severance pay, commissions, equity, attorneys’ fees, or other compensation of any sort; failure to accommodate disability, including pregnancy; discrimination or harassment on the basis of pregnancy, race, color, sex, gender, national origin, ancestry, religion, disability, handicap, medical condition, marital status, sexual orientation or any other protected category; any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”); the Older Workers’ Protection Benefit Act of 1990; Title VII of the Civil Rights Act of 1964, as amended, by the Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq.; Equal Pay Act, as amended, 29 U.S.C. § 206(d); the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the False Claims Act, 31 U.S.C. § 3729 et seq.; the Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001 et seq.; the Worker Adjustment and Retraining Notification Act, as amended, 29 U.S.C. § 2101 et seq.; the Fair Labor Standards Act, 29 U.S.C. § 215 et seq; the Virginia Human Rights Act, § 2.2-3900, et seq. of the Code of Virginia; the Virginia Payment of Wage Law, § 40.1-29, et seq. of the Code of Virginia; the Virginia Minimum Wage Act § 40.1-28.8, et seq. of the Code of Virginia, other Virginia statutes and regulations); and any federal, state or local laws of similar effect.

  • Termination by Executive The Executive may terminate his employment hereunder at any time for any reason by giving the Company prior written notice not less than 30 days prior to such termination. Any termination pursuant to this paragraph 3(e) shall preclude a later claim that such termination was for Good Reason.