Common use of Date of Termination, Etc Clause in Contracts

Date of Termination, Etc. “Date of Termination” shall mean (a) if the Executive’s employment is terminated due to death, the date of death; (b) if the Executive’s employment is terminated for Permanent Disability, thirty (30) days after Notice of Termination is given (provided that the Executive has not returned to the full-time performance of the Executive’s duties during such thirty (30) day period), (c) if the Executive’s employment is terminated for Cause or for Good Reason, or for any other reason (other than death, Disability, voluntary resignation or retirement not for Good Reason), the date specified in the Notice of Termination (which, in the case of a termination for Cause shall not be less than thirty (30) days from the date such Notice of Termination is given, and in the case of a termination for Good Reason shall not be less than fifteen (15) nor more than sixty (60) days from the date such Notice of Termination is given) or (d) if the Executive’s employment is terminated by the Executive’s resignation or retirement, other than at the written request of the Company or for Good Reason, the Date of Termination shall be the date when the Executive ceases to be an employee of the Company by reason of the resignation or retirement. Notwithstanding anything to the contrary contained in this Section 4(g), if within fifteen (15) days after any Notice of Termination is given, the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, then the Date of Termination shall be the date on which the dispute is finally determined, either by mutual written agreement of the parties, or otherwise; provided, however, that the Date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues the resolution of such dispute with reasonable diligence; provided, further, that in the event of the Executive’s death pending a dispute, if the resolution of such dispute is ultimately in the Executive’s favor, then the Date of Termination shall be the date specified in the Notice of Termination.

Date of Termination, Etc. “Date of Termination” " shall mean (a) if the Executive’s employment is terminated due to death, the date of death; (b) if the Executive’s your employment is terminated for Permanent Disability, thirty (30) days after Notice of Termination is given (provided that the Executive has you have not returned to the full-time performance of the Executive’s your duties during such thirty thirty-day (30) day period), and (cb) if the Executive’s your employment is terminated for Cause pursuant to Subsection (iii) or for Good Reason, (iv) hereof or for any other reason (other than death, Disability, voluntary resignation or retirement not for Good Reason), the date specified in the Notice of Termination (which, in the case of a termination for Cause shall not be less than thirty sixty (3060) days from the date such Notice of Termination is given, and in the case of a termination for Good Reason shall Reason, not be less than fifteen thirty (1530) nor more than sixty ninety (6090) days from the date such Notice of Termination is given) or (d) if the Executive’s employment is terminated by the Executive’s resignation or retirement); provided, other than at the written request of the Company or for Good Reasonhowever, the Date of Termination shall be the date when the Executive ceases to be an employee of the Company by reason of the resignation or retirement. Notwithstanding anything to the contrary contained in this Section 4(g), that if within fifteen thirty (1530) days after any Notice of Termination is given, or if later, prior to the Date of Termination (as determined without regard to this provision), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, then the Date of Termination shall be the date on which the dispute is finally determined, either by mutual written agreement of the parties, by a binding arbitration award, or otherwiseby a final judgment, order or decree of a court of competent jurisdiction (which is not appealable or with respect to which the time for appeal therefrom has expired and no appeal has been perfected); provided, howeverfurther, that the Date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues the resolution of such dispute with reasonable diligence; provided, further, . Notwithstanding the fact that in the event of the Executive’s death pending a dispute, if the resolution of any such dispute is ultimately pending, the Corporation will continue to pay you your full compensation in effect when the Executive’s favornotice giving rise to the dispute was given (including, then but not limited to, base salary) and continue you as a participant in all compensation, benefit and insurance plans in which you were participating when the Date notice giving rise to the dispute was given, until the dispute is finally resolved in accordance with this Subsection. Amounts paid under this Subsection are in addition to all other amounts due under this Agreement, and shall not be offset against or reduce any other amounts due under this Agreement and shall not be reduced by any compensation earned by you as the result of Termination shall be the date specified in the Notice of Terminationemployment by another employer.

Date of Termination, Etc. “Date of Termination” shall mean (a) if the Executive’s your employment is terminated due to your death, the date of your death; (b) if the Executive’s your employment is terminated for Permanent Disability, thirty (30) days after Notice of Termination is given (provided that the Executive has you shall not have returned to the full-time performance of the Executive’s your duties during such thirty (30) day period), and (c) if the Executive’s your employment is terminated for Cause pursuant to Section 3.3 or for Good Reason, Section 3.4 or for any other reason (other than death, death or Disability, voluntary resignation or retirement not for Good Reason), the date specified in the Notice of Termination (which, which in the case of a termination for Cause or Good Reason shall not be less than the date thirty (30) days from after the date such on which Notice of Termination is given, and in the case of a termination for Good Reason shall not be less than fifteen (15) nor more than sixty (60) days from the date such Notice of Termination is given) or (d) if the Executive’s employment is terminated by the Executive’s resignation or retirement, other than at the written request of the Company or for Good Reason, the Date of Termination shall be the date when the Executive ceases to be an employee of the Company by reason of the resignation or retirement). Notwithstanding anything to the contrary contained in this Section 4(g)3.6, if within fifteen (15) days after any Notice of Termination is givengiven to you, you notify the party receiving such Notice of Termination notifies the other party Corporation that a you dispute exists concerning the termination, then the Date of Termination shall be the date on which the dispute is finally determined, either determined in the Corporation’s favor or such date as is agreed upon in writing by mutual written agreement of the parties, or otherwise; provided, however, that (i) the Date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues you pursue the resolution of such dispute with reasonable diligence; provided, further, that (ii) in the event of the Executive’s your death pending a dispute, if and the resolution of such dispute is ultimately in the ExecutiveCorporation’s favor, then the Date of Termination shall be the date specified in the Notice of Termination, and (iii) if the resolution of such dispute is ultimately in your favor, you will be compensated as if you had worked without interruption during the pendency of the dispute. You shall not be obligated to perform any services after the Date of Termination specified in any notice that would prevent the termination of your employment on such Date of Termination from qualifying as a “separation from service” as defined in Treasury Regulation Section 1.409A-1(h) (a “Separation from Service”).

Date of Termination, Etc. “Date of Termination” shall mean (a) if the Executive’s employment is terminated due to death, the date of death; (b) if the Executive’s mean: • If your employment is terminated for Permanent Disability, the earlier of (x) thirty (30) days after Notice of Termination is given (provided that the Executive has you shall not have returned to the substantially full-time performance of the Executive’s your duties during such thirty (30) day period), (cy) if your receipt of disability benefits under any disability insurance program, or (z) the Executive’s date that is 29 months after the date on which you last provided services to the Company; and • If your employment is terminated for Cause pursuant to Subsection (b) or for Good Reason(c) above, or for any other reason (other than death, Disability, voluntary resignation or retirement not for Good Reason), the later of (x) the date specified in the Notice of Termination (which, in the case of a termination for Cause pursuant to Subsection (b) above, shall not be less than thirty (30) days from following the date such Notice of Termination is givengiven and, and in the case of a termination for Good Reason pursuant to Subsection (c) above, shall not be less than fifteen (15) thirty nor more than sixty (60) days from following the date such Notice of Termination is given) and (y) the date that you cease to provide services to the Company, provided that in the case of a termination pursuant to Subsection (c), such date occurs within two years following the initial existence of one or (d) if the Executive’s employment is terminated by the Executive’s resignation or retirement, other than at the written request more of the Company or for circumstances constituting Good ReasonReason arising without your consent; provided, the Date of Termination shall be the date when the Executive ceases to be an employee of the Company by reason of the resignation or retirement. Notwithstanding anything to the contrary contained in this Section 4(g)however, that if within fifteen (15) days after any Notice of Termination is given, or (if later) prior to the Date of Termination set forth in such Notice of Termination, the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, then the Date of Termination shall be the later of (i) the date on which the dispute is finally determinedresolved, either by mutual written agreement of the parties, by a binding arbitration award, or otherwiseby a final judgment, order or decree of a court of competent jurisdiction (which is not appealable or with respect to which the time for appeal therefrom has expired and no appeal has been perfected) and (ii) the date that you cease to provide services to the Company; further provided, however, that the Date of Termination shall be extended by a notice of dispute hereunder only if such notice is given in good faith with respect to a bona fide dispute and the party giving such notice pursues the resolution of such dispute in good faith and with reasonable diligence; provided. Notwithstanding the pendency of any such dispute, further, that in the event you shall remain an employee of the Executive’s death pending a disputeCompany, if and the resolution of such dispute is ultimately Company will continue to pay you your full compensation in the Executive’s favor, then the Date of Termination shall be the date specified in effect when the Notice of TerminationTermination giving rise to such dispute was given (including, but not limited to, your base salary) and will continue you as a participant in all other compensation, bonus, benefit and insurance plans in which you were participating when the Notice of Termination was given, until the dispute is finally resolved in accordance with this Subsection. Amounts paid under this Subsection are in addition to all other amounts due under this Agreement and shall not be offset against, or reduce, any other amount or benefit due under this Agreement.

Date of Termination, Etc. “Date of Termination” " shall mean (a) if the Executive’s employment is terminated due to death, the date of death; (b) if the Executive’s your employment is terminated for Permanent Disability, thirty (30) days after Notice of Termination is given (provided that the Executive has you shall not have returned to the full-time performance of the Executive’s your duties during such thirty (30) day period), or (cb) if the Executive’s your employment is terminated for Cause pursuant to Subsection (iii) or for Good Reason, (iv) hereof or for any other reason (other than death, Disability, voluntary resignation or retirement not for Good Reason), the date specified in the Notice of Termination (which, in the case of a termination for Cause shall not be less than thirty (30) days from the date such Notice of Termination is given, and in the case of a termination for Good Reason shall not be less than fifteen (15) nor more than sixty (60) days from the date such Notice of Termination is given) or (d) if the Executive’s employment is terminated by the Executive’s resignation or retirement; provided, other than at the written request of the Company or for Good Reasonhowever, the Date of Termination shall be the date when the Executive ceases to be an employee of the Company by reason of the resignation or retirement. Notwithstanding anything to the contrary contained in this Section 4(g), that if within fifteen (15) days after any Notice of Termination is given, or, if later, prior to the Date of Termination (as determined without regard to this proviso), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, then the Date of Termination shall be the date on which the dispute is finally determined, either by mutual written agreement of the parties, by a binding arbitration award, or otherwiseby a final judgment, order or decree of a court of competent jurisdiction (which is not appealable or with respect to which the time for appeal therefrom has expired and no appeal has been perfected); and provided, howeverfurther, that the Date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues the resolution of such dispute with reasonable diligence; provided, further, that in . Notwithstanding the event pendency of the Executive’s death pending a any such dispute, if the resolution of such Company will continue to pay you your full compensation in effect when the notice giving rise to the dispute was given (including, but not limited to, base salary) and continue you as a participant in all compensation, benefit and insurance plans in which you were participating when the notice giving rise to the dispute was given, until the dispute is ultimately finally resolved in accordance with this Subsection. Amounts paid under this Subsection are in addition to all other amounts due under this Agreement, and shall not be offset against or reduce any other amounts due under this Agreement and shall not be reduced by any compensation earned by you as the Executive’s favor, then the Date result of Termination shall be the date specified in the Notice of Terminationemployment by another employer.

Date of Termination, Etc. “Date of Termination” shall mean (a) if the Executive’s your employment is terminated due to your death, the date of your death; (b) if the Executive’s your employment is terminated for Permanent Disability, thirty (30) days after Notice of Termination is given (provided that the Executive has you shall not have returned to the full-time performance of the Executive’s your duties during such thirty (30) day period), and (c) if the Executive’s your employment is terminated for Cause pursuant to Section 3.3 or for Good Reason, Section 3.4 or for any other reason (other than death, death or Disability, voluntary resignation or retirement not for Good Reason), the date specified in the Notice of Termination (which, which in the case of a termination for Cause or Good Reason shall not be less than the date thirty (30) days from after the date such on which Notice of Termination is given, and in the case of a termination for Good Reason shall not be less than fifteen (15) nor more than sixty (60) days from the date such Notice of Termination is given) or (d) if the Executive’s employment is terminated by the Executive’s resignation or retirement, other than at the written request of the Company or for Good Reason, the Date of Termination shall be the date when the Executive ceases to be an employee of the Company by reason of the resignation or retirement). Notwithstanding anything any other provision of this Section 3.6 to the contrary contained in this Section 4(g)contrary, if within fifteen (15) days after any Notice of Termination is givengiven to you, you notify the party receiving such Notice of Termination notifies the other party Corporation that a you dispute exists concerning the termination, then the Date of Termination shall be the date on which the dispute is finally determined, either determined in the Corporation's favor or such date as is agreed upon in writing by mutual written agreement of the parties, or otherwise; provided, however, that (i) the Date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues you pursue the resolution of such dispute with reasonable diligence; provided, further, that (ii) in the event of the Executive’s your death pending a dispute, if and the resolution of such dispute is ultimately in the Executive’s Corporation's favor, then the Date of Termination shall be the date specified in the Notice of Termination, and (iii) if the resolution of such dispute is ultimately in your favor, you will be compensated as if you had worked without interruption during the pendency of the dispute. You shall not be obligated to perform any services after the Date of Termination specified in any notice that would prevent the termination of your employment on such Date of Termination from qualifying as a “separation from service” as defined in Treasury Regulation Section 1.409A-1(h) (a “Separation from Service”).