Default by Employee Sample Clauses

Default by Employee. If the Employee shall: (i) commit an act of dishonesty against the Employer or fraud upon the Employer; or (ii) breach his obligations under this Agreement and fail to cure such breach within five (5) days after written notice thereof; or (iii) be convicted of a crime involving moral turpitude; or (iv) fail or neglect diligently to perform his duties hereunder and continue in his failure after written notice; then, and in any such case, the Employer may terminate the employment of the Employee hereunder and, in the event of any such termination, the Employee shall no longer have any right to any of the benefits (including future salary payments) which would otherwise have accrued after such termination.
Sample 1Sample 2Sample 3See All (19)
AutoNDA by SimpleDocs
Default by Employee. EMPLOYEE acknowledges that his loyal, ------------------- faithful and effective performance of the employment provided for herein, is of vital importance to the success of the COMPANY, and that EMPLOYEE'S commitment to perform for the entire term of this Agreement is an essential inducement to and condition of COMPANY'S employment of EMPLOYEE, and that premature termination, abandonment or failure of performance by EMPLOYEE would in all probability result in substantial damages to the COMPANY, and that EMPLOYEE possesses peculiar knowledge and expertise important to the success of the COMPANY. Accordingly, EMPLOYEE expressly warrants and represents to and covenants with COMPANY that EMPLOYEE shall not voluntarily terminate his employment with COMPANY or otherwise abandon the full and faithful performance of his duties of employment prior to the expiration of the term of this Agreement. In the event that EMPLOYEE shall breach any covenant set forth in this Paragraph 6.1, COMPANY shall have the right to pursue and enforce any remedies available to COMPANY by law, at equity or pursuant to this Agreement, including without limitation, specific performance as a result of such breach. COMPANY may commence a lawsuit for enforcement of its rights hereunder seeking damages without waiving any other rights it may possess.
Sample 1Sample 2
Default by Employee. If the Employee shall willfully: (i) commit an act of fraud or dishonesty against the Company; or (ii) commit any act which constitutes a crime under applicable law (other than a traffic infraction or similar misdemeanor); or Page8 (iii) commit any act contrary to Company policy which subjects the Company to embarrassment or loss of good will; or (iv) chronically or willfully fail or refuse to carry out his duties and responsibilities as provided for in this Agreement, or to implement any lawful direction of the Company's Board of Directors; then, and in any or each such instance, the Company may, immediately upon notice to the Employee, terminate the employment of the Employee hereunder and, in the event of any such termination, the Employee shall no longer have any right to any benefits (including future payments of salary, bonus or incentive compensation) which would otherwise have accrued after such termination. Said notice shall set forth the specific acts for which the Employee is being terminated and the harm, if any, caused to the Company from those acts.
Sample 1
Default by Employee. In the event that Employee breaches or contests any of the provisions of this Agreement, then CPI shall be relieved and discharged from its obligations to provide Employee the Severance Payment described in paragraph 2 and Employee will promptly return all consideration set forth in paragraph 2 and received by Employee up to the time of the breach or contest. The provisions of this paragraph shall be in addition to, and not in lieu of, any other rights and remedies CPI may have at law or in equity.
Sample 1
Default by Employee. Omni, Xxxxxx and the Employee agree that the Employee's services to Xxxxxx are of a special and unique nature and in the event that the Employee breaches any provision of this Agreement Xxxxxx shall be entitled to commence an action in any court of competent jurisdiction in order to obtain damages for the Employee's breach or to enforce specific provisions of this Agreement or to restrain the Employee from further breaches of the Agreement. It is understood that Xxxxxx may suffer immediate and irreparable harm from the Employee's breach of this Agreement and if Xxxxxx has no adequate remedy at law it shall be entitled to an injunction in any court of competent jurisdiction to prevent the Employee's breach.
Sample 1
Default by Employee. EMPLOYEE acknowledges that his loyal, faithful and effective performance of the employment provided for herein, is of vital importance to the success of the COMPANY, and that EMPLOYEE'S commitment to perform for the entire term of this Agreement is an essential inducement to and condition of COMPANY'S employment of EMPLOYEE, and that premature termination, abandonment or failure of performance by EMPLOYEE would in all probability result in substantial damages to the COMPANY, and that EMPLOYEE possesses peculiar knowledge and expertise important to the success of the
Sample 1

Related to Default by Employee

  • Breach by Employee Employee hereby expressly covenants and agrees that the Company will suffer irreparable damage in the event any provisions of Sections 10, 11 and 12 are not performed or are otherwise breached and that the Company shall be entitled as a matter of right to an injunction or injunctions and other relief to prevent a breach or violation by Employee and to secure its enforcement of Section 10, 11 and 12 resort to such equitable relief, however, shall not constitute a waiver of any other rights or remedies which the Company may have.

  • Voluntary Termination by Executive The Executive may voluntarily terminate his employment for any reason and such termination shall take effect 30 days after the receipt by Company of the Notice of Termination. Upon the effective date of such termination, Executive shall be entitled to (a) accrued and unpaid Salary and vacation through such termination date; and (b) all other compensation and benefits that were vested through such termination date. In the event Executive is terminated without notice, it shall be deemed a termination by the Company for Cause.

  • Termination by Executive with Good Reason Executive may terminate his employment with Good Reason by providing the Company thirty (30) days’ written notice setting forth in reasonable specificity the event that constitutes Good Reason, which written notice, to be effective, must be provided to the Company within ninety (90) days of Executives knowledge of occurrence of such event. During such thirty (30) day notice period, the Company shall have a cure right, and if not cured within such period, Executive’s termination will be effective upon the expiration of such cure period, and Executive shall be entitled to the same payments and benefits as provided in Section 8(d) hereof for a termination by the Company without Cause, subject to the same conditions on payment and benefits as described in Section 8(d) hereof. Following such termination of Executive’s employment by Executive with Good Reason, except as set forth in this Section 8(e), Executive shall have no further rights to any compensation or any other benefits under this Agreement. For the avoidance of doubt, Executive’s sole and exclusive remedy upon a termination of employment with Good Reason shall be receipt of the Severance Benefits.

  • Termination by Executive The Executive may terminate his employment hereunder at any time for any reason by giving the Company prior written notice not less than 30 days prior to such termination. Any termination pursuant to this paragraph 3(e) shall preclude a later claim that such termination was for Good Reason.

  • Termination by Executive without Good Reason The Executive may terminate his employment without Good Reason by providing the Company thirty (30) days’ written notice of such termination. In the event of a termination of employment by the Executive under this Section 6(g), the Executive shall be entitled only to the Accrued Obligations. In the event of termination of the Executive’s employment under this Section 6(g), the Company may, in its sole and absolute discretion, by written notice, accelerate such date of termination and still have it treated as a termination without Good Reason.

  • Breach by Executive Executive is obligated under this Agreement to render services of a special, unique, unusual, extraordinary, and intellectual character, which give this Agreement particular value. The loss of these services cannot be reasonably or adequately compensated in damages in an action at law. Accordingly, in addition to other remedies provided by law or this Agreement, Employer shall have the right during the Term and any period of non-competition governed by this Agreement, to seek injunctive relief against breach or threatened breach of this Agreement by Executive or the performance of services, or threatened performance of services, by Executive in violation of this Agreement, or both. This Section is not meant to limit the damages the Employer may pursue and is not meant to be an exhaustive list of the relief available to the Employer.

  • Termination by Employee In the event Employee terminates this Agreement, the Company shall be obligated to pay Employee that pro-rata portion of his current semi-monthly Base Salary payment, as adjusted for any increase thereto, which is earned but unpaid as of the Termination Date, any earned but unpaid incentive compensation, any accrued but unpaid paid time off (“PTO”) due to him through the Termination Date and any unreimbursed expenses. Employee will not be entitled to, nor will he receive, any type of severance payment, unless he has Good Reason, as defined below, to terminate this Agreement. If Employee has Good Reason then he shall receive the severance outlined in subsection (B)(ii)(b) below addressing Termination by the Company without Cause, subject to its requirements for receipt of such payment. If Employee terminates Employee’s employment pursuant to this subsection (B)(i), then the Company, at its option, may require Employee to cease providing services during the thirty (30) day notice period required therein; provided, however, for purposes of calculating payment upon termination under this Agreement, Employee shall be treated as if he was employed during such thirty (30) day period. “Good Reason” shall mean (1) a material involuntary reduction in Employee’s duties, authority, reporting responsibility or function by the Company, (2) a material reduction in Employee’s compensation package other than as mutually agreed, (3) Employee’s involuntary relocation to a principal place of work more than thirty (30) miles from Charlotte, North Carolina or (4) a material breach by the Company of its obligations hereunder, provided that, upon the occurrence of any of these acts or omissions, Employee gives the Company notice of his belief that he has Good Reason to terminate this Agreement and the Company fails to cure within thirty (30) business days of receipt of Employee’s notice.

  • Termination by the Company for Cause or by Executive Without Good Reason If the Company terminates the Executive’s employment for Cause or the Executive terminates his employment without Good Reason, the Executive shall have no rights or claims against the Company except to receive the payments and benefits described in Section 6(a).

  • Assistance by Executive During the period of Executive’s employment by Company and thereafter, Executive shall assist Company and its nominee, at any time, in the protection of Company’s (or its affiliates’) worldwide right, title and interest in and to Work Product and the execution of all formal assignment documents requested by Company or its nominee and the execution of all lawful oaths and applications for patents and registration of copyright in the United States and foreign countries.

  • Termination by Executive other than for Good Reason Executive’s employment may be terminated by Executive without further liability on the part of Executive (other than with respect to those provisions of this Agreement expressly surviving such termination) by written notice to the Board of Directors at least sixty (60) days prior to such termination; provided, however, the Company may waive the notice period and accelerate the termination date without converting the Termination by Executive into a Termination by the Company.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!