Common use of Continuance of Employment Clause in Contracts

Continuance of Employment. The vesting schedule requires continued employment or service through each applicable vesting date as a condition to the vesting of the applicable installment of the Award and the rights and benefits under this Agreement. Partial employment or service, even if substantial, during any vesting period will not entitle the Participant to any proportionate vesting or avoid or mitigate a termination of rights and benefits upon or following a termination of employment or services as provided in Section 3(b) or under the Plan. Nothing contained in this Agreement or the Plan constitutes an employment or service commitment by the Corporation, affects the Participant’s status as an employee at will who is subject to termination without cause, confers upon the Participant any right to remain employed by or in service to the Corporation or any Subsidiary, interferes in any way with the right of the Corporation or any Subsidiary at any time to terminate such employment or services, or affects the right of the Corporation or any Subsidiary to increase or decrease the Participant’s other compensation or benefits. Nothing in this paragraph, however, is intended to adversely affect any independent contractual right of the Participant without his consent thereto.

Appears in 6 contracts

Samples: Restricted Stock Unit Award Agreement (Golden State Water CO), Restricted Stock Unit Award Agreement (Golden State Water CO), Restricted Stock Unit Award Agreement (American States Water Co)

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Continuance of Employment. The vesting schedule requires continued employment or service through each applicable vesting date as a condition to the vesting of the applicable installment of the Award and the rights and benefits under this Agreement. Partial employment Employment or serviceservice for only a portion of the vesting period, even if substantiala substantial portion, during any vesting period will not entitle the Participant to any proportionate vesting or avoid or mitigate a termination of rights and benefits upon or following a termination of employment or services as provided in Section 3(b) 7 below or under the Plan. Nothing contained in this Agreement or the Plan constitutes an employment or service commitment by the Corporation, affects the Participant’s status as an employee at will who is subject to termination without cause, confers upon the Participant any right to remain employed by or in service to the Corporation or any Subsidiary, interferes in any way with the right of the Corporation or any Subsidiary at any time to terminate such employment or services, or affects the right of the Corporation or any Subsidiary to increase or decrease the Participant’s other compensation or benefits. Nothing in this paragraph, however, is intended to adversely affect any independent contractual right of the Participant without his consent thereto.

Appears in 3 contracts

Samples: Stock Unit Award Agreement, Stock Unit Award Agreement (Alaska Air Group Inc), Stock Unit Award Agreement (Alaska Air Group Inc)

Continuance of Employment. The vesting schedule requires continued employment or service through each applicable vesting date as a condition to the vesting of the applicable installment of the Award and the rights and benefits under this Agreement. Partial employment Employment or serviceservice for only a portion of the vesting period, even if substantiala substantial portion, during any vesting period will not entitle the Participant to any proportionate vesting or avoid or mitigate a termination of rights and benefits upon or following a termination of employment or services as provided in Section 3(b) 8 below or under the Plan. Nothing contained in this Agreement or the Plan constitutes an employment or service commitment by the Corporation, affects the Participant’s status as an employee at will who is subject to termination without cause, confers upon the Participant any right to remain employed by or in service to the Corporation or any Subsidiary, interferes in any way with the right of the Corporation or any Subsidiary at any time to terminate such employment or services, or affects the right of the Corporation or any Subsidiary to increase or decrease the Participant’s other compensation or benefits. Nothing in this paragraph, however, is intended to adversely affect any independent contractual right of the Participant without his or her consent thereto.

Appears in 3 contracts

Samples: Stock Unit Award Agreement (Nationwide Health Properties Inc), Stock Unit Award Agreement (Nationwide Health Properties Inc), Stock Unit Award Agreement (Nationwide Health Properties Inc)

Continuance of Employment. The vesting schedule requires continued employment or service through each applicable vesting date as a condition to the vesting of the applicable installment of the Award and the rights and benefits under this Agreement. Partial employment Employment or serviceservice for only a portion of a vesting period, even if substantialsubstantial portion, during any vesting period will not entitle the Participant to any proportionate vesting or avoid or mitigate a termination of rights and benefits upon or following a termination of employment or services as provided in Section 3(b) 8 below or under the Plan. Nothing contained in this Agreement or the Plan constitutes an employment or service commitment by the Corporation, affects the Participant’s 's status as an employee at will who is subject to termination without cause, confers upon the Participant any right to remain employed by or in service to the Corporation or any Subsidiary, interferes in any way with the right of the Corporation or any Subsidiary at any time to terminate such employment or services, or affects the right of the Corporation or any Subsidiary to increase or decrease the Participant’s 's other compensation or benefits. Nothing in this paragraph, however, is intended to adversely affect any independent contractual right of the Participant without his consent thereto.

Appears in 2 contracts

Samples: Performance Stock Unit Award Agreement (Mentor Corp /Mn/), Performance Stock Unit Award Agreement (Mentor Corp /Mn/)

Continuance of Employment. The vesting schedule requires continued employment or service through each applicable vesting date the Vesting Date as a condition to the vesting of the applicable installment of the Award and the rights and benefits under this Award Agreement. Partial employment Employment or serviceservice for only a portion of the vesting period, even if substantiala substantial portion, during any vesting period will not entitle the Participant to any proportionate vesting or avoid or mitigate a termination of rights and benefits upon or following a termination of employment or services as provided in Section 3(b) 8 below or under the Plan. Nothing contained in this Award Agreement or the Plan constitutes an employment or service commitment by the CorporationCompany, affects the Participant’s status as an employee at will who is subject to termination with or without cause, confers upon the Participant any right to remain employed by or in service to the Corporation Company or any Subsidiary, interferes in any way with the right of the Corporation Company or any Subsidiary at any time to terminate such employment or services, or affects the right of the Corporation Company or any Subsidiary to increase or decrease the Participant’s other compensation or benefits. Nothing in this paragraph, however, is intended to adversely affect any independent contractual right of the Participant without his consent thereto.

Appears in 2 contracts

Samples: Restricted Stock Unit Award Agreement (Apple Inc), Restricted Stock Unit Award Agreement (Apple Inc)

Continuance of Employment. The vesting schedule requires continued employment or service through each applicable vesting date the Vesting Date as a condition to the vesting of the applicable installment of the Award and the rights and benefits under this Award Agreement. Partial employment Employment or serviceservice for only a portion of the vesting period, even if substantiala substantial portion, during any vesting period will not entitle the Participant to any proportionate vesting or avoid or mitigate a termination of rights and benefits upon or following a termination Termination of employment or services Service as provided in Section 3(b) or under 8 below and in the Plan. Nothing contained in this Award Agreement or the Plan constitutes an employment or service commitment by the CorporationCompany, affects the Participant’s status as an employee at will who is subject to termination with or without cause, confers upon the Participant any right to remain employed by or in service to the Corporation Company or any Subsidiary, interferes in any way with the right of the Corporation Company or any Subsidiary at any time to terminate such employment or services, or affects the right of the Corporation Company or any Subsidiary to increase or decrease the Participant’s other compensation or benefits. Nothing in this paragraph, however, is intended to adversely affect any independent contractual right of the Participant without his consent thereto.

Appears in 2 contracts

Samples: Restricted Stock Unit Award Agreement, Restricted Stock Unit Award Agreement (Apple Inc)

Continuance of Employment. The vesting schedule requires continued employment or service through each applicable vesting date as a condition to the vesting of the applicable installment of the Award and the rights and benefits under this Agreement. Partial employment or service, even if substantial, during any vesting period will not entitle the Participant to any proportionate vesting or avoid or mitigate a termination of rights and benefits upon or following a termination of employment or services as provided in Section 3(b) or under the Plan. Nothing contained in this Agreement or the Plan constitutes an employment or service commitment by the Corporation, affects the Participant’s status as an employee at will who is subject to termination without cause, confers upon the Participant any right to remain employed by or in service to the Corporation or any Subsidiary, interferes in any way with the right of the Corporation or any Subsidiary at any time to terminate such employment or services, or affects the right of the Corporation or any Subsidiary to increase or decrease the Participant’s other compensation or benefits. Nothing in this paragraph, however, is intended to adversely affect any independent contractual right of the Participant without his the Participant’s consent thereto.

Appears in 2 contracts

Samples: Restricted Stock Unit Award Agreement (American States Water Co), Restricted Stock Unit Award Agreement (Golden State Water CO)

Continuance of Employment. The vesting schedule requires continued employment or service through each applicable vesting date as a condition to the vesting of the applicable installment of the Award and the rights and benefits under this Award Agreement. Partial employment or serviceEmployment for only a portion of the vesting period, even if substantiala substantial portion, during any vesting period will not entitle the Participant to any proportionate vesting or avoid or mitigate a termination of rights and benefits upon or following a termination of employment or services as provided in Section 3(b) or under the Plan3 above. Nothing contained in this Award Agreement or the Plan constitutes an employment or service commitment by the CorporationCompany, affects the Participant’s status as an employee at will who is subject to termination without cause, confers upon the Participant any right to remain employed by or in service to the Corporation Company or any Subsidiaryof its Subsidiaries, interferes in any way with the right of the Corporation Company or any Subsidiary of its Subsidiaries at any time to terminate such employment or services, or affects the right of the Corporation Company or any Subsidiary of its Subsidiaries to increase or decrease the Participant’s other compensation or benefits. Nothing in this paragraph, however, is intended to adversely affect any independent contractual right of the Participant without his or her consent thereto.

Appears in 2 contracts

Samples: Restricted Stock Award Agreement (Cell Therapeutics Inc), Restricted Stock Award Agreement (Cell Therapeutics Inc)

Continuance of Employment. The vesting schedule requires continued employment or service with the Corporation through each applicable vesting date the Vesting Date as a condition to the vesting of the applicable installment of the Award and the rights and benefits under this Agreement. Partial employment or serviceEmployment for only a portion of the vesting period, even if substantiala substantial portion, during any vesting period will not entitle the Participant to any proportionate vesting or avoid or mitigate a termination of rights and benefits upon or following a termination of employment or services as provided in Section 3(b) 8 below or under the Plan. Nothing contained in this Agreement or the Plan constitutes an employment or service commitment by the Corporation, affects the Participant’s status as an employee at will who is subject to termination without causeCause, confers upon the Participant any right to remain employed by or in service to the Corporation or any Subsidiaryof its Subsidiaries, interferes in any way with the right of the Corporation or any Subsidiary of its Subsidiaries at any time to terminate such employment or services, or affects the right of the Corporation or any Subsidiary of its Subsidiaries to increase or decrease the Participant’s other compensation or benefits. Nothing in this paragraph, however, is intended to adversely affect any independent contractual right of the Participant without his or her consent thereto.

Appears in 2 contracts

Samples: Employment Agreement (Quality Care Properties, Inc.), Employment Agreement (Quality Care Properties, Inc.)

Continuance of Employment. The vesting schedule requires continued employment or service through each applicable vesting date Vesting Date as a condition to the vesting of the applicable installment of the Award and the rights and benefits under this Award Agreement. Partial employment Employment or serviceservice for only a portion of the vesting period, even if substantiala substantial portion, during any vesting period will not entitle the Participant to any proportionate vesting or avoid or mitigate a termination of rights and benefits upon or following a termination Termination of employment or services Service as provided in Section 3(b) or under 8 below and in the Plan. Nothing contained in this Award Agreement or the Plan constitutes an employment or service commitment by the CorporationCompany, affects the Participant’s status as an employee at will who is subject to termination with or without cause, confers upon the Participant any right to remain employed by or in service to the Corporation Company or any Subsidiary, interferes in any way with the right of the Corporation Company or any Subsidiary at any time to terminate such employment or services, or affects the right of the Corporation Company or any Subsidiary to increase or decrease the Participant’s other compensation or benefits. Nothing in this paragraph, however, is intended to adversely affect any independent contractual right of the Participant without his or her consent thereto. 5.

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement

Continuance of Employment. The vesting schedule requires continued employment or service through each applicable vesting date as a condition to the vesting of the applicable installment of the Award and the rights and benefits under this Award Agreement. Partial employment or service (in this case, Partial employment refers to termination of employment or service, then returning in some capacity. In other words, vesting is not terminated in the case of a part-time employee who remains continuously employed throughout the vesting schedule), even if substantial, during any vesting period will not entitle the Participant to any proportionate vesting or avoid or mitigate a termination of rights and benefits upon or following a termination of employment or services as provided in Section 3(b) 8 below or under the Plan. Nothing contained in this Award Agreement or the Plan constitutes an employment or service commitment by the Corporation, affects the Participant’s status as an employee at will who is subject to termination without cause, confers upon the Participant any right to remain employed by or in service to the Corporation or any SubsidiaryAffiliate, interferes in any way with the right of the Corporation or any Subsidiary Affiliate at any time to terminate such employment or services, or affects the right of the Corporation or any Subsidiary Affiliate to increase or decrease the Participant’s other compensation or benefits. Nothing in this paragraph, however, is intended to adversely affect any independent contractual right of the Participant without his or her consent thereto.

Appears in 1 contract

Samples: Restricted Stock Award Agreement (Electronics for Imaging Inc)

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Continuance of Employment. The Except as otherwise provided herein, the vesting schedule requires continued employment or service through each applicable the vesting date as a condition to the vesting of the applicable installment of the Award and the rights and benefits under this Agreement. Partial employment or serviceEmployment for only a portion of the vesting period, even if substantiala substantial portion, during any vesting period will not entitle the Participant to any proportionate vesting or avoid or mitigate a termination of rights and benefits upon or following a termination of employment or services as provided in Section 3(b) 8 below or under the Plan. Nothing contained in this Agreement or the Plan constitutes an employment or service commitment by the Corporation, affects the Participant’s 's status as an employee at will who is subject to termination without cause, confers upon the Participant any right to remain employed by or in service to the Corporation or any Subsidiary, interferes in any way with the right of the Corporation or any Subsidiary at any time to terminate such employment or services, or affects the right of the Corporation or any Subsidiary to increase or decrease the Participant’s 's other compensation or benefits. Nothing in this paragraph, however, is intended to adversely affect the terms of the Employment Agreement or any other independent contractual right of the Participant without his her consent thereto.

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement (Pacific Sunwear of California Inc)

Continuance of Employment. The vesting schedule requires continued employment or service through each applicable vesting date as a condition to the vesting of the applicable installment of the Award and the rights and benefits under this Agreement. Partial employment Employment or serviceservice for only a portion of the vesting period, even if substantiala substantial portion, during any vesting period will not entitle the Participant to any proportionate vesting or avoid or mitigate a termination of rights and benefits upon or following a termination of employment or services as provided in Section 3(b) 8 below or under the Plan. Nothing contained in this Agreement or the Plan constitutes an employment or service commitment by the CorporationCompany, affects the Participant’s 's status as an employee at will who is subject to termination with or without cause, confers upon the Participant any right to remain employed by or in service to the Corporation Company or any Subsidiary, interferes in any way with the right of the Corporation Company or any Subsidiary at any time to terminate such employment or services, or affects the right of the Corporation Company or any Subsidiary to increase or decrease the Participant’s 's other compensation or benefits. Nothing in this paragraph, however, is intended to adversely affect any independent contractual right of the Participant without his consent thereto.

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement (Apple Inc)

Continuance of Employment. The vesting schedule requires continued employment or service through each applicable vesting date as a condition to the vesting of the applicable installment of the Award and the rights and benefits under this Agreement. Partial employment Employment or serviceservice for only a portion of the vesting period, even if substantiala substantial portion, during any vesting period will not entitle the Participant to any proportionate vesting or avoid or mitigate a termination of rights and benefits upon or following a termination of employment or services as provided in Section 3(b) or under the Planservices. Nothing contained in this Agreement or the Plan constitutes an employment or service commitment by the CorporationCompany, affects the Participant’s status as an employee at will who is subject to termination without causeCause, confers upon the Participant any right to remain employed by or in service to the Corporation Company or any Subsidiary, interferes in any way with the right of the Corporation Company or any Subsidiary at any time to terminate such employment or services, or affects the right of the Corporation Company or any Subsidiary to increase or decrease the Participant’s other compensation or benefits. Nothing in this paragraph, however, is intended to adversely affect any independent contractual right of the Participant without his consent thereto.

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement (DealerTrack Holdings, Inc.)

Continuance of Employment. The vesting schedule requires continued employment or service through each applicable vesting date as a condition to the vesting of the applicable installment of the Award and the rights and benefits under this Agreement. Partial employment or service, even if substantial, during any vesting period will not entitle the Participant to any proportionate vesting or avoid or mitigate a termination of rights and benefits upon or following a termination of employment or services as provided in Section 3(b) 8 below or under the Plan. Nothing contained in this Agreement or the Plan constitutes an employment or service commitment by the Corporation, affects the Participant’s status as an employee at will who is subject to termination without cause, confers upon the Participant any right to remain employed by or in service to the Corporation or any Subsidiary, interferes in any way with the right of the Corporation or any Subsidiary at any time to terminate such employment or services, or affects the right of the Corporation or any Subsidiary to increase or decrease the Participant’s other compensation or benefits. Nothing in this paragraph, however, is intended to adversely affect any independent contractual right of the Participant without his consent thereto.

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement (Univision Communications Inc)

Continuance of Employment. The vesting schedule requires continued employment or service through each applicable the vesting date as a condition to the vesting of the applicable installment of the Award and the rights and benefits under this Agreement. Partial employment Employment or serviceservice for only a portion of the vesting period, even if substantiala substantial portion, during any vesting period will not entitle the Participant to any proportionate vesting or avoid or mitigate a termination of rights and benefits upon or following a termination of employment or services as provided in Section 3(b8(a) below or under the Plan. Nothing contained in this Agreement or the Plan constitutes an employment or service commitment by the Corporation, affects the Participant’s status as an employee at will who is subject to termination without cause, confers upon the Participant any right to remain employed by or in service to the Corporation or any Subsidiary, interferes in any way with the right of the Corporation or any Subsidiary at any time to terminate such employment or services, or affects the right of the Corporation or any Subsidiary to increase or decrease the Participant’s other compensation or benefits. Nothing in this paragraph, however, is intended to adversely affect any independent contractual right of the Participant without his consent thereto.

Appears in 1 contract

Samples: Stock Unit Award Agreement (MSC Software Corp)

Continuance of Employment. The vesting schedule requires continued employment or service through each applicable vesting date the Vesting Date as a condition to the vesting of the applicable installment of the Award and the rights and benefits under this Award Agreement. Partial employment Employment or serviceservice for only a portion of the vesting period, even if substantiala substantial portion, during any vesting period will not entitle the Participant to any proportionate vesting or avoid or mitigate a termination of rights and benefits upon or following a termination Termination of employment or services Service as provided in Section 3(b) or under 8 below and in the Plan. Nothing contained in this Award Agreement or the Plan constitutes an employment or service commitment by the CorporationCompany, affects the Participant’s status as an employee at will who is subject to termination with or without cause, confers upon the Participant any right to remain employed by or in service to the Corporation Company or any Subsidiary, interferes in any way with the right of the Corporation Company or any Subsidiary at any time to terminate such employment or services, or affects the right of the Corporation Company or any Subsidiary to increase or decrease the Participant’s other compensation or benefits. Nothing in this paragraph, however, is intended to adversely affect any independent contractual right of the Participant without his or her consent thereto.

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement (Apple Inc)

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