DETERMINATION BY THE EMPLOYER Sample Clauses

DETERMINATION BY THE EMPLOYER. The Employee shall not make any determinations regarding this Agreement. If the Employee is the President of the Employer at a time that a determination is to be made by the Employer pursuant to this Agreement, such determination shall be made by the Board of Directors of the Employer or an authorized delegates of such Board of Directors.
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DETERMINATION BY THE EMPLOYER. 8.1.1 If the Supplier makes default in any one or more of the following respects, this is to say: (i) if he without reasonable cause suspends the production or delivery of Supplies thereof. (ii) if he refuses or persistently neglects to comply with a notice from the Employer’s Representative requiring him to rectify defects or remove materials or goods, then the Employer’s Representative may by registered post or recorded delivery give the Supplier notice specifying the default and notifying the Supplier of the Employers intention to determine the employment of the Supplier forthwith if the Supplier shall continue such default for fourteen (14) days after receipt of such notice. 8.1.2 If the Supplier shall for fourteen (14) days after receipt of a notice served pursuant to clause Error! Reference source not found. hereof continue such default the Employer may, but not unreasonably or vexatiously, within ten (10) days after such continuance by notice by registered post or recorded delivery to the Supplier determine forthwith the employment of the Supplier under this Contract. 8.1.3 If the Supplier or any of his employees, servants, or subcontractor of any tier shall have (i) offered or given or agreed to give to any person having a relationship with the award or performance of this Contract any gift or consideration of any kind, or (ii) committed any offence under the Prevention of Corruption Ordinance. then Employer may, but not unreasonably or vexatiously, by notice by registered post or recorded delivery to the Supplier determine forthwith the employment of the Supplier under this Contract. In the event of the Employer determining the employment of the Supplier as aforesaid the Employer shall not be bound to make any further payment to the Supplier. 8.1.4 Provided always that the right of determination pursuant to clause 8.1.2 or clause
Sample 1
DETERMINATION BY THE EMPLOYER. If in the opinion of the Employer the Contractor has:- (1) abandoned the contract; (2) failed to proceed with the Works with due diligence; (3) not executed Works in accordance with the contract Then the Employer may, after giving 7 days notice to the Contractor, enter upon the site expel the Contractor and may itself complete the Works or employ another Contractor to do so and may use for such completion plant and materials on the site, whether owned by the Contractor or his Sub-contractors. In such circumstances the Contractor shall be paid for work completed to the satisfaction of the Engineer (minus retention monies then withheld) and for any materials on site used by the Employer.
Sample 1
DETERMINATION BY THE EMPLOYER. The Employer may but not unreasonably or vexatiously by notice by registered post or recorded delivery to the Contractor forthwith determine employment of the Contractor under this Agreement if the Contractor shall make default in any one or more of the following respects, that is to say :- (a) If the Contractor without reasonable cause fails to proceed diligently with the Works or wholly suspends carrying out of the Works before completion; (b) If the Contractor becomes bankrupt before completion or makes a composition or arrangements with its creditors or has a winding up order make or (except for purposes of amalgamation or reconstruction) a resolution liquidator, receiver or manager of its business or undertaking duly appointed, or having possession taken, by or on behalf of the holders of any debenture secured by a floating charge; Provided always that the right of determination shall be without prejudice to any other rights or remedies which the Employer may possess.
Sample 1

Related to DETERMINATION BY THE EMPLOYER

  • Termination by the Employer The Employer may terminate the Employment Period (i) immediately upon the delivery of a Notice of Termination (as defined in Section 4.01(d) of this Agreement) by the Employer to the Executive setting forth the facts that indicate that a determination has been made that the Executive has a Disability in accordance with Section 4.02 of this Agreement; (ii) immediately upon delivery of a Notice of Termination by the Employer to the Executive setting forth the facts that indicate that an event constituting Cause (as defined in Section 4.03 of this Agreement) has occurred, or on such later date as may be set forth in such Notice of Termination; or (iii) at any time without Cause effective as of the 30th day following the delivery of a Notice of Termination by the Employer to the Executive, or on such later date as may be set forth in such Notice of Termination.

  • Termination by the Employee The Employee may terminate this Agreement at any time, for any reason or for no reason at all, by giving notice thereof to the Corporation at least thirty (30) days before the effective date of such termination. The Employment Period shall terminate as of the date of such termination of employment.

  • Termination by the Employer for Cause If the Employer terminates this Agreement for cause, the Executive will be entitled to receive his Salary only through the date such termination is effective, but will not be entitled to any Incentive Compensation for the Fiscal Year during which such termination occurs or any subsequent Fiscal Year.

  • Termination by the Executive The Executive may terminate employment hereunder at any time for any reason, including but not limited to, Good Reason. For purposes of this Agreement, “Good Reason” shall mean that the Executive has completed all steps of the Good Reason Process (hereinafter defined) following the occurrence of any of the following events without the Executive’s consent (each, a “Good Reason Condition”):

  • Voluntary Termination by the Employee The Employee may voluntarily terminate the Employee's status as employee for other than Good Reason.

  • Termination by the Employer Without Cause Subject to the payment of Termination Benefits pursuant to Section 7(b), the Executive’s employment under this Agreement may be terminated by the Employer without Cause upon no less than sixty (60) days prior written notice to the Executive.

  • Termination by the Employee for Good Reason The Employee shall have the right to terminate for “Good Reason” upon thirty (30) days’ prior written notice. For purposes of this Agreement, “Good Reason” shall mean (i) the Company’s material breach of its obligations under this Agreement, including, without limitation, its obligation to pay salary to the Employee, (ii) a material and adverse diminution in the Employee’s job duties, responsibilities or authority, (iii) a change in the location where the Employee is required to perform his duties and responsibilities which exceeds fifty (50) miles from the location specified in Section 5 hereof, or (iv) a material reduction in the Employee’s base salary, it being intended that an individual or aggregate reduction of more than 10% from the Employee’s prior base salary level shall be considered material for purposes of this Agreement. Employee may not resign Employee’s employment for Good Reason unless (A) Employee gives the Company written notice of his objection to any event set forth above within 30 days following such event, (B) such event is not corrected, in all material respects, by the Company within 30 days following its receipt of such notice, and (C) Employee resigns his employment with the Company not more than 30 days following the expiration of the 30-day correction period described in the foregoing subclause (B). In the event of a termination pursuant to this Section, in addition to any other payments or benefits to which the Employee may be entitled under the Company’s benefit plans then in effect, the Company shall pay to the Employee, (i) his base salary through the date of termination, and (ii) provided that the Employee executes within 21 days after termination of employment and does not revoke a general release of claims against the Company and its affiliates, equityholders officers, directors, agents and employees as to employment, benefits and compensation related claims, in a form acceptable to the Company, an amount equal to one times (1.0x) the sum of Employee’s (a) base salary as of the date of termination and (b) Bonus Amount, payable in a single lump sum within 30 days after the date of termination. In the event a severance payment is made under this Section 7.E., the Company will pay to Employee a monthly payment on the first payroll date of each month equal to the COBRA cost of continued health and dental coverage under health and dental plans of the Company pursuant to Section 4980B of the Internal Revenue Code, less the amount that Employee would be required to contribute for health and dental coverage if Employee were an active employee, for a period of twelve (12) months from the termination date; provided, however, that this obligation shall cease at the end of the Benefits Period. These payments will commence on the Company’s first payroll date after the termination date and will continue until the end of the Benefit Period. For the avoidance of doubt, in the event of a termination under this Section 7.E., the Employee shall not be entitled to any other payments under this Agreement except for the Accrued Obligations or as set forth in the immediately preceding sentence.

  • Voluntary Termination by the Executive The Executive may voluntarily terminate his employment with the Company at any time prior to the expiration of the term of this Agreement. Such termination shall constitute a voluntary termination and, in such event, the Executive shall be limited to the same rights and benefits as applicable to the termination for Cause, as described in Section 10(c) above.

  • Termination by the Funder The Funder may terminate this Agreement by providing ten (10) calendar days written notice to the Claimholder after the occurrence of any of the following events. The notice shall reasonably describe the alleged breach which is the basis of such termination and clearly state the Funder’s intent to terminate this Agreement if the alleged breach is not cured within ten (10) calendar days of the Claimholder’s receipt of the notice. (a) Any representation or warranty given by the Claimholder was untrue in any material respect as of the Initial Effective Date or the Restated Effective Date of this Agreement; (b) Any breach by the Claimholder of a material provision of this Agreement that has a material adverse effect on the value of the Subject Claim or the Proceeds; (c) An event, circumstance or condition has occurred or been discovered after the Initial Effective Date of the Agreement which would reasonably be expected to render it unlikely that the Claimholder Proceeds will be sufficient to pay the amounts corresponding to Sections 7.4(a) and Section 7.4(b) of this Agreement, as applicable, including the occurrence of any event or development with respect to the Subject Claim that has resulted or could reasonably be expected to result in the dismissal, discontinuation or denial of any material portion of the Subject Claim; or (d) Claimholder becomes insolvent and is subject to Insolvency Proceedings.

  • Resignation by the Executive Executive may voluntarily resign from his employment with the Company, provided that Executive shall provide the Company with thirty (30) days advance written notice (which notice requirement may be waived, in whole or in part, by the Company in its sole discretion) of his intent to resign. If Executive so terminates his employment with the Company, other than in accordance with Section 4.5, the Company shall have no obligation other than the payment of the Accrued Obligations to the effective date of such termination.

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