Common use of Constructive Discharge Clause in Contracts

Constructive Discharge. If Employee is ever constructively ---------------------- discharged, she may terminate this Agreement and her employment hereunder by delivering written notice to Company no later than thirty (30) days before the effective date of termination. If Employee is constructively discharged, Company shall be obligated to pay Employee the severance benefits set forth in Paragraph 4(c) hereof. For purposes of the foregoing, "constructive discharge" means the occurrence of any one or more of the following: (i) Employee is removed from all of the offices described in Paragraph 1 hereof; (ii) Company fails to vest with or removes from Employee the duties, responsibilities, authority or resources that she reasonably needs to competently perform the duties of her office; (iii) Company decreases Employee's basic compensation or arbitrarily and capriciously decreases Employee's bonus; or (iv) Company transfers Employee to a location outside the Denver metropolitan area; and in any of such events, Company fails to cure any of the above within thirty (30) days after Employee gives Company written notice of such breach.

Appears in 2 contracts

Samples: Employment Agreement (Colorado Business Bankshares Inc), Employment Agreement (Colorado Business Bankshares Inc)

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Constructive Discharge. If Employee is ever constructively ---------------------- discharged, she Employee may terminate this Agreement and her Employee's employment hereunder by delivering written notice to Company no later than thirty (30) days before the effective date of termination. If Employee is constructively discharged, Company shall be obligated to pay Employee the severance benefits set forth in Paragraph 4(c) hereof. For purposes of the foregoing, "constructive discharge" means the occurrence of any one or more of the following: (i) Employee is removed from all of the offices described in -------- Paragraph 1 hereof; (ii) Company fails to vest with or removes from Employee the duties, responsibilities, authority or resources that she Employee reasonably needs to competently perform the duties of her Employee's office; (iii) Company decreases Employee's basic compensation or arbitrarily and capriciously decreases Employee's bonus; or (iv) Company transfers Employee to a location outside the Denver metropolitan area; and in any of such events, Company fails to cure any of the above within thirty (30) days after Employee gives Company written notice of such breach.

Appears in 2 contracts

Samples: Employment Agreement (Colorado Business Bankshares Inc), Employment Agreement (Colorado Business Bankshares Inc)

Constructive Discharge. If Employee is ever constructively ---------------------- discharged, she he may terminate this Agreement and her his employment hereunder by delivering written notice to Company no later than thirty (30) days before the effective date of termination. If Employee is constructively discharged, Company shall be obligated to pay Employee the severance benefits set forth in Paragraph 4(c) hereof. For purposes of the foregoing, "constructive discharge" means the occurrence of any one or more of the following: (i) Employee is removed from all of the offices described in Paragraph 1 hereof; (ii) Company fails to vest with or removes from Employee the duties, responsibilities, authority or resources that she he reasonably needs to competently perform the duties of her his office; (iii) Company decreases Employee's basic compensation or arbitrarily and capriciously decreases Employee's bonus; or (iv) Company transfers Employee to a location outside the Denver metropolitan area; and in any of such events, Company fails to cure any of the above within thirty (30) days after Employee gives Company written notice of such breach.

Appears in 2 contracts

Samples: Employment Agreement (Colorado Business Bankshares Inc), Employment Agreement (Colorado Business Bankshares Inc)

Constructive Discharge. If Employee is ever constructively ---------------------- discharged, she Employee may terminate this Agreement and her Employee's employment hereunder by delivering written notice to Company no later than thirty (30) days before the effective date of termination. If Employee is constructively discharged, Company shall be obligated to pay Employee the severance benefits set forth in Paragraph 4(c) hereof. For purposes of the foregoing, "constructive discharge" means the occurrence of any one or more of the following: (i) Employee is removed from all of the offices described in Paragraph 1 hereof; -------- (ii) Company fails to vest with or removes from Employee the duties, responsibilities, authority or resources that she Employee reasonably needs to competently perform the duties of her Employee's office; (iii) Company decreases Employee's basic compensation or arbitrarily and capriciously decreases Employee's bonus; or (iv) Company transfers Employee to a location outside the Denver metropolitan area; and in any of such events, Company fails to cure any of the above within thirty (30) days after Employee gives Company written notice of such breach.

Appears in 1 contract

Samples: Employment Agreement (Colorado Business Bankshares Inc)

Constructive Discharge. If Employee is ever constructively ---------------------- discharged, she Employee may terminate this Agreement and her Employee’s employment hereunder by delivering written notice to Company no later than thirty (30) days before the effective date of termination. If Employee is constructively discharged, Company shall be obligated to pay Employee the severance benefits set forth in Paragraph 4(c) hereof. For purposes of the foregoing, "constructive discharge" means the occurrence of any one anyone or more of the following: (i) Employee is removed from all of the offices described in Paragraph 1 hereof; (ii) Company fails to vest with or removes from Employee the duties, responsibilities, authority or resources that she Employee reasonably needs to competently perform the duties of her Employee’s office; (iii) Company decreases Employee's ’s basic compensation or arbitrarily and capriciously decreases Employee's ’s bonus; or (iv) Company transfers Employee to a location outside the Denver metropolitan area; and in any of such events, Company fails to cure any of the above within thirty (30) days after Employee gives Company written notice of such breach.

Appears in 1 contract

Samples: Employment Agreement (Cobiz Financial Inc)

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Constructive Discharge. If Employee is ever constructively ---------------------- discharged, she Employee may terminate this Agreement and her Employee's employment hereunder by delivering written notice to Company no later than thirty (30) days before the effective date of termination. If Employee is constructively discharged, Company shall be obligated to pay Employee the severance benefits set forth in Paragraph 4(c) hereof. For purposes of the foregoing, "constructive discharge" means the occurrence of any one or more of the following: (i) Employee is removed from all of the offices described in Paragraph 1 hereof; (iihereof;(ii) Company fails to vest with or removes from Employee the duties, responsibilities, authority or resources that she Employee reasonably needs to competently perform the duties of her Employee's office; (iii) Company decreases Employee's basic compensation or arbitrarily and capriciously decreases Employee's bonus; or (iv) Company transfers Employee to a location outside the Denver metropolitan area; and in any of such events, Company fails to cure any of the above within thirty (30) days after Employee gives Company written notice of such breach.

Appears in 1 contract

Samples: Employment Agreement (Colorado Business Bankshares Inc)

Constructive Discharge. If Employee is ever constructively ---------------------- discharged, she Employee may terminate this Agreement and her Employee's employment hereunder by delivering written notice to Company no later than thirty (30) days before the effective date of termination. If Employee is constructively discharged, Company shall be obligated to pay Employee the severance benefits set forth in Paragraph 4(c) hereof. For purposes of the foregoing, "constructive discharge" means the occurrence of any one or more of the following: (i) Employee is removed from all of the offices described in Paragraph 1 hereof; (ii) Company fails to vest with or removes from Employee the duties, responsibilities, authority or resources that she Employee reasonably needs to competently perform the duties of her Employee's office; (iii) Company decreases Employee's basic compensation or arbitrarily and capriciously decreases Employee's bonus; or (iv) Company transfers transfer; Employee to a location outside the Denver metropolitan area; and in any of such events, Company fails to cure any of the above within thirty (30) days after Employee gives Company written notice of such breach.

Appears in 1 contract

Samples: Employment Agreement (Colorado Business Bankshares Inc)

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