Common use of Constructive Discharge Clause in Contracts

Constructive Discharge. If at any time during the term of this Agreement, except in instances where Employer has valid grounds to terminate Executive’s employment pursuant to Section 5(e) (Termination for Cause), the Executive is Constructively Discharged (as hereinafter defined), then the Executive shall have the right, by written notice given to the Employer not later than ninety (90) days after such Constructive Discharge, to terminate his services hereunder, effective as of thirty (30) days after the date of such notice, and the Executive shall have no rights or obligations under this Agreement other than as provided in this Section 5(d), Section 4 (Confidentiality and Loyalty) and Section 6 (Non-Competition Covenant). In such event, the Executive shall be entitled to an amount equal to the aggregate cash payments due to the Executive under Section 5(c)(i) and reimbursement of COBRA premiums as if such termination of his employment were pursuant to Section 5(c) (Premature Termination). Payment to the Executive will be made on a monthly basis over the twelve (12) month period immediately following the Executive’s termination of employment. For purposes of this Agreement, the Executive shall be “Constructively Discharged” upon the occurrence of any one of the following events:

Constructive Discharge. If at any time during the term Term of this Agreement, except in instances where Employer has valid grounds to terminate the Executive’s 's employment pursuant to Section 5(e) (Termination for Cause), the Executive is Constructively Discharged (as hereinafter defined), then the Executive shall have the right, by written notice given to the Employer not later than ninety (90) days after such Constructive Discharge, to terminate his services hereunder, effective as of thirty (30) days after the date of such notice, and the Executive shall have no rights or obligations under this Agreement other than as provided in this Section 5(d), Section 4 (Confidentiality and Loyalty) and Section 6 (Non-Competition Covenant). In such event, the Executive shall be entitled to an amount equal to the aggregate cash payments due and benefits provided to the Executive under Section 5(c)(i) and reimbursement of COBRA premiums as if such termination of his employment were pursuant to Section 5(c) (Premature TerminationTermination by Employer without Cause). Payment to the Executive will be made on a monthly basis over the twelve (12) month period immediately following the Executive’s termination of employment. For purposes of this Agreement, the Executive shall be “"Constructively Discharged” " upon the occurrence occurrence, without the Executive's express written consent, of any one of the following events, provided that the Executive gives at least thirty (30) days prior written notice of Executive's termination:

Constructive Discharge. If at any time during the term of this Agreement, except in instances where Employer has valid grounds to terminate Executive’s employment pursuant to Section 5(e) (Termination for Cause), the Executive is Constructively Discharged (as hereinafter defined), then the Executive shall have the right, by written notice given to the Employer not later than ninety (90) days after such Constructive Discharge, to terminate his her services hereunder, effective as of thirty (30) days after the date of such notice, and the Executive shall have no rights or obligations under this Agreement other than as provided in this Section 5(d), Section 4 (Confidentiality and Loyalty) and Section 6 (Non-Competition Covenant). In such event, the Executive shall be entitled to an amount equal to the aggregate cash payments due to the Executive under Section 5(c)(i) and reimbursement of COBRA premiums as if such termination of his her employment were pursuant to Section 5(c) (Premature Termination). Payment to the Executive will be made on a monthly basis over the twelve (12) month period immediately following the Executive’s termination of employment. For purposes of this Agreement, the Executive shall be “Constructively Discharged” upon the occurrence of any one of the following events:

Constructive Discharge. If at any time during the term of this Agreement, except in instances where Employer has valid grounds to terminate Executive’s employment pursuant to Section 5(e) (Termination for Cause), the Executive is Constructively Discharged (as hereinafter defined), then the Executive shall have the right, by written notice given to the Employer not later than ninety (90) days after such Constructive Discharge, to terminate his services hereunder, effective as of thirty (30) days after the date of such notice, and the Executive shall have no rights or obligations under this Agreement other than as provided in this Section 5(d), Section 4 (Confidentiality and Loyalty) and Section 6 (Non-Competition Covenant). In such event, the Executive shall be entitled to an amount equal to the aggregate cash payments due to the Executive under Section 5(c)(i) and reimbursement of COBRA premiums as if such termination of his employment were pursuant to Section 5(c) (Premature Termination). Payment to the Executive will be made on a monthly basis the Employer’s regular pay dates over the twelve (12) month period immediately following number of months that were remaining on the Executive’s termination term of employmentthis Agreement at the time of termination. For purposes of this Agreement, the Executive shall be “Constructively Discharged” upon the occurrence of any one of the following events: