Date and Notice of Termination. Any termination of your ------------------------------ employment by the Company or by you during the Term shall be communicated by a notice of termination to the other party hereto (the "Notice of Termination"). The Notice of Termination shall indicate the specific termination provision in this Agreement relied upon and shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of your employment under the provision so indicated. The date of your termination of employment with the Company (the "Date of Termination") shall be determined as follows: (i) if your employment is terminated for Disability, thirty days after a Notice of Termination is given (provided that you shall not have returned to the full- time performance of your duties during such thirty-day period); (ii) if your employment is terminated by the Company in an Involuntary Termination, the date specified in the Notice of Termination (or if no date is specified in the Notice of Termination, the date the Notice of Termination is delivered to you); (iii) if your employment is terminated by the Company for Cause, the later of (A) the date specified in the Notice of Termination and (B) the expiration of the applicable period set forth in the definition of Cause during which you may effect a cure or meet with the Board if such period expires without such cure being effected by you and without a reversal on the part of the Board regarding its decision to terminate you for Cause; (iv) if the basis for your Involuntary Termination is your resignation for Good Reason, the Date of Termination shall be the later of (A) the date specified in the Notice of Termination and (B) the expiration of the applicable cure period set forth in the definition of Good Reason if such period expires without such cure being effected by the Company; (v) in the event of your resignation of employment other than for Good Reason, the Date of Termination shall be the date set forth in the Notice of Termination, which shall be no earlier than thirty days after the date such notice is received by the Company; and (vi) the Date of Termination in the event of your death shall be the date of your death.
Appears in 7 contracts
Samples: Employment Agreement (Supermarkets General Holdings Corp), Employment Agreement (Supermarkets General Holdings Corp), Employment Agreement (Supermarkets General Holdings Corp)
Date and Notice of Termination. Any termination of your ------------------------------ employment by the Company or by you during the Term shall be communicated by a notice of termination to the other party hereto (the "Notice of Termination"). The Notice of Termination shall indicate the specific termination provision in this Agreement relied upon and shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of your employment under the provision so indicated. The date of your termination of employment with the Company (the "Date of Termination") shall be determined as follows:
(i) if your employment is terminated for Disability, thirty days after a Notice of Termination is given (provided that you shall not have returned to the full- full-time performance of your duties during such thirty-day period); (ii) if your employment is terminated by the Company in an Involuntary Termination, the date specified in the Notice of Termination (or if no date is specified in the Notice of Termination, the date the Notice of Termination is delivered to you); (iii) if your employment is terminated by the Company for Cause, the later of (A) the date specified in the Notice of Termination and (B) the expiration of the applicable period set forth in the definition of Cause during which you may effect a cure or meet with the Board if such period expires without such cure being effected by you and without a reversal on the part of the Board regarding its decision to terminate you for Cause; (iv) if the basis for your Involuntary Termination is your resignation for Good Reason, the Date of Termination shall be the later of (A) the date specified in the Notice of Termination and (B) the expiration of the applicable cure period set forth in the definition of Good Reason if such period expires without such cure being effected by the Company; (v) in the event of your resignation of employment other than for Good Reason, the Date of Termination shall be the date set forth in the Notice of Termination, which shall be no earlier than thirty days after the date such notice is received by the Company; and (vi) the Date of Termination in the event of your death shall be the date of your death.
Appears in 3 contracts
Samples: Employment Agreement (Pathmark Stores Inc), Employment Agreement (Pathmark Stores Inc), Employment Agreement (Pathmark Stores Inc)
Date and Notice of Termination. Any termination of your ------------------------------ employment by the Company or by you during the Term shall be communicated by a notice of termination to the other party hereto (the "“Notice of Termination"”). The Notice of Termination shall indicate the specific termination provision in this Agreement relied upon and shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of your employment under the provision so indicated. The date of your termination of employment with the Company (the "“Date of Termination"”) shall be determined as follows:
: (i) if your employment is terminated for Disability, thirty 30 days after a Notice of Termination is given (provided that you shall not have returned to the full- full-time performance of your duties during such thirty30-day period); (ii) if your employment is terminated by the Company in an Involuntary Termination, the date specified in the Notice of Termination (or if no date is specified in the Notice of Termination, the date the Notice of Termination is delivered to you); (iii) if your employment is terminated by the Company for Cause, the later of (A) the date specified in the Notice of Termination and (B) the expiration of the applicable period set forth in the definition of Cause during which you may effect a cure or meet with the Board Company if such period expires without such cure being effected by you and without a reversal on the part of the Board Company regarding its decision to terminate you for Cause; (iv) if your employment is terminated by a non-renewal notice by either you or the Company, the last day of the then Term; (v) if the basis for your Involuntary Termination is your resignation for Good Reason, the Date of Termination shall be the later of (A) the date specified in the Notice of Termination and (B) the expiration of the applicable cure period set forth in the definition of Good Reason if such period expires without such cure being effected by the Company; (vvi) in the event of if your employment is terminated by your resignation of employment other than for Good Reason, the Date of Termination shall be the date set forth in the Notice of Terminationapplicable notice, which shall be no earlier than thirty 30 days after the date such notice is received by the Company; and (vivii) if your employment is terminated as a result of your death, the Date of Termination in the event of your death shall be the date of your death.
Appears in 2 contracts
Samples: Employment Agreement (Pathmark Stores Inc), Employment Agreement (Pathmark Stores Inc)
Date and Notice of Termination. Any termination of your ------------------------------ employment by the Company or by you during the Term shall be communicated by a notice of termination to the other party hereto (the "“Notice of Termination"”). The Notice of Termination shall indicate the specific termination provision in this Agreement relied upon and shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of your employment under the provision so indicated. The date of your termination of employment with the Company (the "“Date of Termination"”) shall be determined as follows:
(i) if your employment is terminated for Disability, thirty days after a Notice of Termination is given (provided that you shall not have returned to the full- full-time performance of your duties during such thirty-day period); (ii) if your employment is terminated by the Company in an Involuntary Termination, the date specified in the Notice of Termination (or if no date is specified in the Notice of Termination, the date the Notice of Termination is delivered to you); (iii) if your employment is terminated by the Company for Cause, the later of (A) the date specified in the Notice of Termination and (B) the expiration of the applicable period set forth in the definition of Cause during which you may effect a cure or meet with the Board if such period expires without such cure being effected by you and without a reversal on the part of the Board regarding its decision to terminate you for Cause; (iv) if the basis for your Involuntary Termination is your resignation for Good Reason, the Date of Termination shall be the later of (A) the date specified in the Notice of Termination and (B) the expiration of the applicable cure period set forth in the definition of Good Reason if such period expires without such cure being effected by the Company; (v) in the event of your resignation of employment other than for Good Reason, the Date of Termination shall be the date set forth in the Notice of Termination, which shall be no earlier than thirty days after the date such notice is received by the Company; and (vi) the Date of Termination in the event of your death shall be the date of your death.
Appears in 2 contracts
Samples: Employment Agreement (Pathmark Stores Inc), Employment Agreement (Pathmark Stores Inc)
Date and Notice of Termination. Any termination of your ------------------------------ employment by the Company or by you during the Term shall be communicated by a notice of termination to the other party hereto (the "Notice of TerminationNOTICE OF TERMINATION"). The Notice of Termination shall indicate the specific termination provision in this Agreement relied upon and shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of your employment under the provision so indicated. The date of your termination of employment with the Company (the "Date of TerminationDATE OF TERMINATION") shall be determined as follows:
(i) if your employment is terminated for Disability, thirty days after a Notice of Termination is given (provided that you shall not have returned to the full- full-time performance of your duties during such thirty-day period); (ii) if your employment is terminated by the Company in an Involuntary Termination, the date specified in the Notice of Termination (or if no date is specified in the Notice of Termination, the date the Notice of Termination is delivered to you); (iii) if your employment is terminated by the Company for Cause, the later of (A) the date specified in the Notice of Termination and (B) the expiration of the applicable period set forth in the definition of Cause during which you may effect a cure or meet with the Board if such period expires without such cure being effected by you and without a reversal on the part of the Board regarding its decision to terminate you for Cause; (iv) if the basis for your Involuntary Termination is your resignation for Good Reason, the Date of Termination shall be the later of (A) the date specified in the Notice of Termination and (B) the expiration of the applicable cure period set forth in the definition of Good Reason if such period expires without such cure being effected by the Company; (v) in the event of your resignation of employment other than for Good Reason, the Date of Termination shall be the date set forth in the Notice of Termination, which shall be no earlier than thirty days after the date such notice is received by the Company; and (vi) the Date of Termination in the event of your death shall be the date of your death.
Appears in 1 contract
Date and Notice of Termination. Any termination of your ------------------------------ employment by the Company or by you during the Term shall be communicated by a notice of termination to the other party hereto (the "“Notice of Termination"”). The Notice of Termination shall indicate the specific termination provision in this Agreement relied upon and shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of your employment under the provision so indicated. The date of your termination of employment with the Company (the "“Date of Termination"”) shall be determined as follows:
: (i) if your employment is terminated for Disability, thirty 30 days after a Notice of Termination is given (provided that you shall not have returned to the full- full-time performance of your duties during such thirty30-day period); (ii) if your employment is terminated by the Company in an Involuntary Termination, the date specified in the Notice of Termination (or if no date is specified in the Notice of Termination, the date the Notice of Termination is delivered to you); (iii) if your employment is terminated by the Company for Cause, the later of (A) the date specified in the Notice of Termination and (B) the expiration of the applicable period set forth in the definition of Cause during which you may effect a cure or meet with the Board if such period expires without such cure being effected by you and without a reversal on the part of the Board regarding its decision to terminate you for Cause; (iv) if your employment is terminated by a non-renewal notice by either you or the Company, the last day of the then Term; (v) if the basis for your Involuntary Termination is your resignation for Good Reason, the Date of Termination shall be the later of (A) the date specified in the Notice of Termination and (B) the expiration of the applicable cure period set forth in the definition of Good Reason if such period expires without such cure being effected by the Company; (vvi) in the event of if your employment is terminated by your resignation of employment other than for Good Reason, the Date of Termination shall be the date set forth in the Notice of Terminationapplicable notice, which shall be no earlier than thirty 30 days after the date such notice is received by the Company; and (vivii) if your employment is terminated as a result of your death, the Date of Termination in the event of your death shall be the date of your death.
Appears in 1 contract
Date and Notice of Termination. Any termination of your ------------------------------ Executive's employment by the Company for cause (as defined herein) or by you Executive during the Term shall be communicated by a notice of termination to the other party hereto (the "Notice of Termination"). The Notice of Termination shall indicate the specific termination provision in this Agreement relied upon and shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of your Executive's employment under the provision so indicated. The date of your Executive's termination of employment with the Company and its subsidiaries (the "Date of Termination") shall be determined as follows:
(i) if your Executive's employment is terminated for Disability, thirty (30) days after a Notice of Termination is given delivered to Executive by the Company (provided that you Executive shall not have returned to the full- full-time performance of your Executive's duties during such thirty-thirty (30) day period); ,
(ii) if your Executive's employment is terminated by the Company in an Involuntary Termination, the date specified in the Notice of Termination is delivered to Executive by the Company,
(or iii) if no Executive's employment is terminated by the Company for Cause, subject to the applicable cure provisions, the date such notice is specified in delivered to Executive by the Notice of TerminationCompany and
(iv) if Executive resigns during the Election Window, the date the Notice of Termination is delivered to you); (iii) if your employment is terminated by the Company for Cause, the later of (A) the date specified in the Notice of Termination and (B) the expiration of the applicable period set forth in the definition of Cause during which you may effect a cure or meet with the Board if such period expires without such cure being effected by you and without a reversal on the part of the Board regarding its decision to terminate you for Cause; (iv) if Executive. If the basis for your Executive's Involuntary Termination is your Executive's resignation for Good Reason, the Date of Termination shall be be, subject to the later of applicable cure provisions, ten (A10) days after the date specified in the Executive's Notice of Termination and (B) is delivered to the expiration Company by Executive. The Date of the applicable cure period set forth in the definition of Good Reason if such period expires without such cure being effected by the Company; (v) in the event of your Termination for a resignation of employment other than for Good ReasonReason other than during the Election Window shall be the date the Notice of Termination is delivered to Executive by the Company. The Date of Termination in the event of Executive's death shall be the date of Executive's death. If Executive's employment ends as a result of the expiration of the Term, the Date of Termination shall be the date set forth in last day of the Notice of Termination, which shall be no earlier than thirty days after the date such notice is received by the Company; and (vi) the Date of Termination in the event of your death shall be the date of your deathTerm.
Appears in 1 contract
Samples: Employment Agreement (Olympic Entertainment Group Inc /Nv/)
Date and Notice of Termination. Any termination of your ------------------------------ employment by the Company or by you during the Term shall be communicated by a notice of termination to the other party hereto (the "Notice of Termination"). The Notice of Termination shall indicate the specific termination provision in this Agreement relied upon and shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of your employment under the provision so indicated. The date of your termination of employment with the Company (the "Date of Termination") shall be determined as follows:
(i) if your employment is terminated for Disability, thirty (30) days after a Notice of Termination is given (provided that you shall not have returned to the full- full-time performance of your duties during such thirty-day period); (ii) if your employment is terminated by the Company in an Involuntary Termination, the date specified in the Notice of Termination (or if no date is specified in the Notice of Termination, the date the Notice of Termination is delivered to you); and (iii) if your employment is terminated by the Company for Cause, the later of (Ax) the date specified in the Notice of Termination and (By) the expiration of the applicable period set forth in the definition of Cause during which you may effect a cure or meet with the Board if such period expires without such cure being effected by you and without a reversal on the part of the Board regarding its decision to terminate you for Cause; (iv) if . If the basis for your Involuntary Termination is your resignation for Good ReasonReason (which shall include your resignation for any reason or no stated reason after a Change in Control pursuant to Section 6(d) above), the Date of Termination shall be the later of (Ax) the date specified in the Notice of Termination and (By) the expiration of the applicable cure period set forth in the definition of Good Reason if such period expires without such cure being effected by the Company; Company (vit being understood that no cure period shall apply if your resignation is pursuant to Section 6(d) in the event above). The Date of your Termination for a resignation of employment other than for Good Reason, the Date of Termination Reason shall be the date set forth in the Notice of Terminationapplicable notice, which shall be no earlier than thirty (30) days after the date such notice is received by the Company; and (vi) the . The Date of Termination in the event of your death shall be the date of your death.
Appears in 1 contract
Date and Notice of Termination. Any termination of your ------------------------------ employment by the Company or by you during the Term shall be communicated by a notice of termination to the other party hereto (the "Notice of TerminationNOTICE OF TERMINATION"). The Notice of Termination shall indicate the specific termination provision in this Agreement relied upon and shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of your employment under the provision so indicated. The date of your termination of employment with the Company (the "Date of Termination") shall be determined as follows:employment
(i) if your employment is terminated for Disability, thirty (30) days after a Notice of Termination is given (provided that you shall not have returned to the full- full-time performance of your duties during such thirty-day period); (ii) if your employment is terminated by the Company in an Involuntary Termination, the date specified in the Notice of Termination (or if no date is specified in the Notice of Termination, the date the Notice of Termination is delivered to you); and (iii) if your employment is terminated by the Company for Cause, the later of (Ax) the date specified in the Notice of Termination and (By) the expiration of the applicable period set forth in the definition of Cause during which you may effect a cure or meet with the Board if such period expires without such cure being effected by you and without a reversal on the part of the Board regarding its decision to terminate you for Cause; (iv) if . If the basis for your Involuntary Termination is your resignation for Good ReasonReason (which shall include your resignation for any reason or no stated reason after a Change in Control pursuant to Section 4(d) above), the Date of Termination shall be the later of (Ax) the date specified in the Notice of Termination and (By) the expiration of the applicable cure period set forth in the definition of Good Reason if such period expires without such cure being effected by the Company; Company (vit being understood that no cure period shall apply if your resignation is pursuant to Section 4(d) in the event above). The Date of your Termination for a resignation of employment other than for Good Reason, the Date of Termination Reason shall be the date set forth in the Notice of Terminationapplicable notice, which shall be no earlier than thirty (30) days after the date such notice is received by the Company; and (vi) the . The Date of Termination in the event of your death shall be the date of your death.
Appears in 1 contract
Date and Notice of Termination. Any termination of your ------------------------------ employment by the Company or by you during the Term shall be communicated by a notice of termination to the other party hereto (the "“Notice of Termination"”). The Notice of Termination shall indicate the specific termination provision in this Agreement relied upon and shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of your employment under the provision so indicated. The date of your termination of employment with the Company (the "Date of Termination") shall be determined as follows:employment
(i) if your employment is terminated for Disability, thirty days after a Notice of Termination is given (provided that you shall not have returned to the full- full-time performance of your duties during such thirty-day period); (ii) if your employment is terminated by the Company in an Involuntary Termination, the date specified in the Notice of Termination (or if no date is specified in the Notice of Termination, the date the Notice of Termination is delivered to you); (iii) if your employment is terminated by the Company for Cause, the later of (A) the date specified in the Notice of Termination and (B) the expiration of the applicable period set forth in the definition of Cause during which you may effect a cure or meet with the Board if such period expires without such cure being effected by you and without a reversal on the part of the Board regarding its decision to terminate you for Cause; (iv) if the basis for your Involuntary Termination is your resignation for Good Reason, the Date of Termination shall be the later of (A) the date specified in the Notice of Termination and (B) the expiration of the applicable cure period set forth in the definition of Good Reason if such period expires without such cure being effected by the Company; (v) in the event of your resignation of employment other than for Good Reason, the Date of Termination shall be the date set forth in the Notice of Termination, which shall be no earlier than thirty days after the date such notice is received by the Company; and (vi) the Date of Termination in the event of your death shall be the date of your death.
Appears in 1 contract
Date and Notice of Termination. Any termination of your ------------------------------ employment by the Company or by you during the Term shall be communicated by a notice of termination to the other party hereto (the "Notice of Termination"). The Notice of Termination shall indicate the specific termination provision in this Agreement relied upon and shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of your employment under the provision so indicated. The date of your termination of employment with the Company (the "Date of Termination") shall be determined as follows:employment
(i) if your employment is terminated for Disability, thirty days after a Notice of Termination is given (provided that you shall not have returned to the full- time performance of your duties during such thirty-day period); (ii) if your employment is terminated by the Company in an Involuntary Termination, the date specified in the Notice of Termination (or if no date is specified in the Notice of Termination, the date the Notice of Termination is delivered to you); (iii) if your employment is terminated by the Company for Cause, the later of (A) the date specified in the Notice of Termination and (B) the expiration of the applicable period set forth in the definition of Cause during which you may effect a cure or meet with the Board if such period expires without such cure being effected by you and without a reversal on the part of the Board regarding its decision to terminate you for Cause; (iv) if the basis for your Involuntary Termination is your resignation for Good Reason, the Date of Termination shall be the later of (A) the date specified in the Notice of Termination and (B) the expiration of the applicable cure period set forth in the definition of Good Reason if such period expires without such cure being effected by the Company; (v) in the event of your resignation of employment other than for Good Reason, the Date of Termination shall be the date set forth in the Notice of Termination, which shall be no earlier than thirty days after the date such notice is received by the Company; and (vi) the Date of Termination in the event of your death shall be the date of your death.
Appears in 1 contract
Samples: Employment Agreement (Supermarkets General Holdings Corp)