By Employer Without Cause. Employer may, at any time, terminate Executive's employment without Cause and for reasons not specified above. In the event Executive's employment is terminated without Cause, Employer shall pay Executive the Base Salary computed pro rata up to and including the date Executive ceases to perform services for Employer. If (i) Executive executes and delivers to Employer a waiver and release of claims satisfactory to Employer and its counsel (the "Release") and (ii) Executive has not instituted any dispute resolution procedure or taken any other legal action in any way related to Employer or Executive's employment with Employer, then (a) Employer shall pay Executive Executive's then current Base Salary for the twelve (12) month period following the date of termination (the "Base Severance Payment"); (b) Employer shall pay Executive an Incentive Bonus which Executive would have otherwise received based upon the applicable Milestones in effect at time of Executive's termination (the "Incentive Severance Payments"); (iii) Employer shall continue to provide Executive with employee benefits, including health, life and disability insurance, not to exceed an aggregate amount of $5,000 for such payments that could not have been deducted for income tax purposes by the Executive if Executive had paid them directly, for twelve (12) months following the date of termination of Executive's employment with Employer; and (iv) all of Executive's unvested Options shall immediately vest upon such termination date. The Base Severance Payment and Incentive Severance Payment shall be paid in one lump sum on or before the date that is thirty (30) days after the termination date. The Incentive Severance Payment shall be subject to deduction for state and federal withholding tax, Social Security, and other employee taxes and payroll deductions. The obligation of Employer to pay the Base Severance Payment and Incentive Severance Payment shall cease in the event that Executive breaches any terms of this Agreement, the Creative Works Agreement, or the Release that apply to Executive after termination of Executive's employment with Employer.
By Employer Without Cause. Subject to Section 7(c) hereof, Employer may terminate Executive's employment hereunder without Cause upon written notice from the Chief Executive Officer to Executive.
By Employer Without Cause. Employer may terminate Employee's employment at will, with at least 30 days' prior written notification to Employee, but if Employer does so, Employee will be entitled to Severance Pay as provided in and subject to Section 6 (Severance Pay).
By Employer Without Cause. At any time during the Term, Employer may terminate Executive’s employment with the consequences set forth herein.
By Employer Without Cause. In addition to its right to elect not to renew this Agreement, as provided herein, Employer may terminate this Agreement without cause upon 30 days prior written notice to Executive.
By Employer Without Cause. Employer may, at any time, terminate Employee’s employment without Cause and for reasons not specified above.
By Employer Without Cause. At any time, Employer may terminate Executive without Cause (as defined below), effective as of the date specified in a written notice from
By Employer Without Cause. If Employer terminates Employee's employment hereunder without Cause and within two years following a Change of Control (as defined below), Employer shall provide Employee with the severance benefits provided in Section 7.2(d) except that the Severance Period shall be the greater of (A) the remainder of the two years following the Change of Control following the effective date of termination and (B) the Severance Period provided in Section 7.2(d). For the purposes of this Section only, Cause shall be limited to:
(i) The willful engaging by Employee in conduct with is materially injurious to Employer, monetarily or otherwise, and the failure to cure such conduct within 30 days after written notice from Employer,
(ii) Employee's conviction of or plea of nolo contendre to a felony; or
(iii) A willful breach of Sections 4, 5 or 6 of this Agreement. For the purposes of this Section, no conduct shall be deemed "willful" unless engaged in without good faith and without reasonable belief that the conduct is in the best interest of Employer.
By Employer Without Cause. In the event Employer terminates the Employee's employment without Cause then, in addition to clauses A through C in Section 19(a), above, (X) the Employer shall be obligated to pay to the Employee Employee's annual Base Salary (at the time of termination), on a weekly basis or consistent with the Employer's payroll practices at the time, for a period of three (3) years from and after the date of termination (the "Severance Amount"); (Y) Employee shall have the right to retain any stock options that were granted to Employee prior to the date of termination of employment; and (Z) the Employer shall, at its sole cost (except for Employee dependency coverage contributions, if any, in effect prior to Employee ceasing to be employed by the Employer hereunder) maintain in full force and effect from the date Employee ceases to be employed by the Employer hereunder and for six (6) months thereafter, all medical, health and accident, and disability plans, programs, or arrangements in which Employee is entitled to participate immediately prior to Employee ceasing to be employed by the Employer hereunder, provided that Employee's continued participation is possible under the general terms and provisions of such plans and programs. In the event that Employee's participation in any such plan or program is barred (other than as a result of a misrepresentation or misconduct of Employee), the Employer shall arrange at its sole expense to provide him with benefits substantially similar to those which he is entitled to receive under such plans and programs for the six-month term, including, without limitation, reimbursement of COBRA premium payments. To the extent that Employee mitigates his damages through the accrual or receipt of a salary, or the provision of health or other benefits referenced hereinabove, through self-employment or employment with another entity, the Severance Amount and/or applicable benefits referenced hereinabove shall be adjusted by off-set of amounts or benefits received by Employee in mitigation. Upon written request by Employer, Employee shall provide to Employer information as to such mitigation within ten (10) days of receipt of such request. If Employee's employment is terminated without Cause, Employee shall be deemed released from the non-competition provisions of Section 22 of this Agreement upon such termination; PROVIDED, HOWEVER, Employee shall not be deemed released from his obligations under Sections 3, 4, 5, 6, 7 or 13 of this Agreem...
By Employer Without Cause. Employer may terminate this Agreement at any time, for any reason or without cause. In the event of the termination of this Agreement pursuant to this Subsection, Employee shall be entitled to receive the salary and bonuses, as if Employee continued to be employed by the Company, and stock options shall continue to vest, as provided for in Exhibit A until the later of (i) the date that this Agreement would have expired had it not been terminated pursuant to this Subsection or (ii) one year after termination pursuant to this Subsection.
