Dispute Concerning Termination. 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 Section 6.3), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be extended until the date on which the dispute is finally resolved, either by mutual written agreement of the parties or by a final judgment, order or decree of an arbitrator or 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, however, that the Date of Termination shall be extended by a notice of dispute given by the Executive only if such notice is given in good faith and the Executive pursues the resolution of such dispute with reasonable diligence.
Appears in 29 contracts
Samples: Change in Control Agreement (KAMAN Corp), Change in Control Agreement (Matthews International Corp), Change in Control Agreement (KAMAN Corp)
Dispute Concerning Termination. 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 Section 6.3), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be extended until the date on which the dispute is finally resolved, either by mutual written agreement of the parties or parties, by arbitrator's award, or, to the extent permitted by Section 14, by a final judgment, order or decree of an arbitrator or a court of competent jurisdiction on the arbitrator's award (which is not appealable or with respect to which the time for appeal therefrom has expired and no appeal has been perfected); provided, however, provided further that the Date of Termination shall be extended by a notice of dispute given by the Executive only if such notice is given in good faith and the Executive party giving such notice pursues the resolution of such dispute with reasonable diligence.
Appears in 23 contracts
Samples: Agreement (Brown & Sharpe Manufacturing Co /De/), Cic" Agreement (BNS Co), Cic" Agreement (BNS Co)
Dispute Concerning Termination. 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 Section 6.310), the party receiving such the Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be extended until the earlier of (i) the date on which the Term ends or (ii) the date on which the dispute is finally resolved, either by mutual written agreement of the parties or by a final judgment, order or decree of an arbitrator or 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, however, that the Date of Termination shall be extended by a notice of dispute given by the Executive only if such notice is given in good faith and the Executive pursues the resolution of such dispute with reasonable diligence.
Appears in 20 contracts
Samples: Severance Protection Agreement, Severance Protection Agreement, Severance Protection Agreement (Medicinova Inc)
Dispute Concerning Termination. 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 Section 6.37.3), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be extended until the date on which the dispute is finally resolved, either by mutual written agreement of the parties or by a final judgment, order or decree of an arbitrator or 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, however, that the Date of Termination shall be extended by a notice of dispute given by the Executive only if such notice is given in good faith and the Executive pursues the resolution of such dispute with reasonable diligence.
Appears in 16 contracts
Samples: Agreement (Inspire Pharmaceuticals Inc), Agreement (Inspire Pharmaceuticals Inc), Agreement (Inspire Pharmaceuticals Inc)
Dispute Concerning Termination. If within fifteen (15) days after any Notice of Termination is given, or, if laterIf, prior to the Date of Termination (as determined without regard to this Section 6.37.3), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be extended until the earlier of (i) the date on which the Term ends or (ii) the date on which the dispute is finally resolved, either by mutual written agreement of the parties or by a final judgment, order or decree of an arbitrator or 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, however, that the Date of Termination shall be extended by a notice of dispute given by the Executive only if such notice is given in good faith and the Executive pursues the resolution of such dispute with reasonable diligence.
Appears in 12 contracts
Samples: Severance Agreement (Chiquita Brands International Inc), Severance Agreement (Chiquita Brands International Inc), Severance Agreement (Chiquita Brands International Inc)
Dispute Concerning Termination. 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 Section 6.37.03), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be extended until the date on which the dispute is finally resolved, either by mutual written agreement of the parties or by a final judgment, order or decree of an arbitrator or 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)) of a court of competent jurisdiction; provided, however, that the Date of Termination shall be extended by a notice of dispute given by the Executive only if such notice is given in good faith and the Executive party giving such notice pursues the resolution of such dispute with reasonable diligence.
Appears in 10 contracts
Samples: Agreement (Metromail Corp), Agreement (Metromail Corp), Agreement (Metromail Corp)
Dispute Concerning Termination. 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 Section 6.37.3), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be extended until the date on which the dispute is finally resolved, resolved either by mutual written agreement of the parties or by a final judgment, order or decree of an arbitrator or 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, however, that the Date of Termination shall be extended by a notice of dispute given by the Executive only if the basis for such notice is reasonable, such notice is given in good faith and the Executive party giving such notice pursues the resolution of such dispute with reasonable diligence.
Appears in 9 contracts
Samples: Agreement (Interstate Power Co), 2 Agreement (Interstate Power Co), Agreement (Interstate Power Co)
Dispute Concerning Termination. 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 Section 6.38.3), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be extended until the date on which the dispute is finally resolved, either by mutual written agreement of the parties or by a final judgment, order or decree of an arbitrator or 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, however, that the Date of Termination shall be extended by a notice of dispute given by the Executive only if such notice is given in good faith and the Executive pursues the resolution of such dispute with reasonable diligence.
Appears in 8 contracts
Samples: Retention Agreement (System Energy Resources Inc), Retention Agreement (System Energy Resources Inc), Retention Agreement (System Energy Resources Inc)
Dispute Concerning Termination. 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 Section 6.37.03), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be extended until the date on which the dispute is finally resolved, either by mutual written agreement of the parties or by a final judgment, order or decree of an arbitrator or 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, however, provided further that the Date of Termination shall be extended by a notice of dispute given by the Executive only if such notice is given in good faith and the Executive party giving such notice pursues the resolution of in such dispute with reasonable diligence.
Appears in 7 contracts
Samples: Agreement (Haverty Furniture Companies Inc), Agreement (Haverty Furniture Companies Inc), Agreement (Haverty Furniture Companies Inc)
Dispute Concerning Termination. 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 Section 6.3), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be extended until the date on which the dispute is finally resolved, either by mutual written agreement of the parties or parties, by arbitrator's award, or, to the extent permitted by Section 14, by a final judgment, order or decree of an arbitrator or a court of competent jurisdiction on the arbitrator's award (which is not appealable or with respect to which the time for appeal therefrom has expired and no appeal has been perfected); provided, however, provided further that the Date of Termination shall be extended by a notice of dispute given by the Executive only if such notice is given in good faith and the Executive party giving such notice pursues the resolution of such dispute with reasonable diligence.
Appears in 7 contracts
Samples: Cic" Agreement (BNS Co), Agreement (BNS Co), Agreement (BNS Co)
Dispute Concerning Termination. 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 Section 6.3), 10) the party receiving such the Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be extended until the earlier of (a) the date on which the Term ends or (b) the date on which the dispute is finally resolved, either by mutual written agreement of the parties or by a final judgment, order or decree of an arbitrator or 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, however, that the Date of Termination shall be extended by a notice of dispute given by the Executive only if such notice is given in good faith and the Executive pursues the resolution of such dispute with reasonable diligence.
Appears in 6 contracts
Samples: Severance Protection Agreement (ICF International, Inc.), Severance Protection Agreement (ICF International, Inc.), Severance Protection Agreement (ICF International, Inc.)
Dispute Concerning Termination. 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 Section 6.36(g), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be extended until the earlier to occur of (i) the date on which the Term ends or (ii) the date on which the dispute is finally resolved, either by mutual written agreement of the parties or by a the final judgment, order or decree determination of an arbitrator or a court of competent jurisdiction (law, which is not appealable or with respect subject to which the time for appeal therefrom has expired and no appeal has been perfected)appeal; provided, however, that the Date of Termination shall be extended by a notice of dispute given by the Executive only if such notice is given in good faith and the Executive pursues the resolution of such dispute with reasonable diligence.
Appears in 4 contracts
Samples: Employment Agreement (United Usn Inc), Employment Agreement (United Usn Inc), Employment Agreement (United Usn Inc)
Dispute Concerning Termination. 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 Section 6.37.3), the party receiving such Notice of Termination notifies the other party parties that a dispute exists concerning the termination, the Date of Termination shall be extended until the date on which the dispute is finally resolved, either by mutual written agreement of the parties or by a final judgment, order or decree of an arbitrator or 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, however, that the Date of Termination shall be extended by a notice of dispute given by the Executive only if such notice is given in good faith and the Executive pursues the resolution of such dispute with reasonable diligence.
Appears in 3 contracts
Samples: Severance Agreement (Nobel Insurance LTD), Severance Agreement (Nobel Insurance LTD), Severance Agreement (Nobel Insurance LTD)
Dispute Concerning Termination. 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 Section 6.3), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be extended until the earlier of (i) the date on which the Term ends or (ii) the date on which the dispute is finally resolved, either by mutual written agreement of the parties or by a final judgment, order or decree of an arbitrator or 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, however, that the . The Date of Termination shall be extended by a notice of dispute given by the Executive only if such notice is given in good faith and the Executive pursues the resolution of such dispute with reasonable diligence.
Appears in 2 contracts
Samples: Control Agreement (Keystone Automotive Industries Inc), Control Agreement (Keystone Automotive Industries Inc)
Dispute Concerning Termination. 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 Section 6.37.3), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be extended until the date on which the dispute is finally resolved, either by mutual written agreement of the parties or by a final judgment, order or decree of an arbitrator or 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, however, provided further that the Date of Termination shall be extended by a notice of dispute given by the Executive only if such notice is given in good faith and the Executive party giving such notice pursues the resolution of such dispute with reasonable diligence.
Appears in 2 contracts
Samples: Agreement (New England Power Co), Agreement (New England Power Co)
Dispute Concerning Termination. 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 Section 6.3subsection (c)), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be extended until the date on which the dispute is finally resolved, either by mutual written agreement of the parties or by a final judgment, order or decree of an arbitrator or 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, however, provided further that the Date of Termination shall be extended by a notice of dispute given by the Executive only if such notice is given in good faith and the Executive party giving such notice pursues the resolution of such dispute with reasonable diligence.
Appears in 2 contracts
Samples: Executive Severance Plan Agreement (Suntrust Banks Inc), Agreement (Crestar Financial Corp)
Dispute Concerning Termination. If within fifteen (15) days after any Notice notice of Termination termination is given, or, if later, prior to the Termination Date of Termination (as determined without regard to this Section 6.37(c), the party receiving such Notice notice of Termination termination notifies the other party that a dispute exists concerning the termination, the Termination Date of Termination shall be extended until the date on which the dispute is finally resolved, either by mutual written agreement of the parties or by a final judgment, order or decree of an arbitrator or 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, however, that the Termination Date of Termination shall be extended by a notice of dispute given by the Executive Employee only if such notice is given in good faith and the Executive Employee pursues the resolution of such dispute with reasonable diligence.
Appears in 1 contract
Dispute Concerning Termination. 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 Section 6.37.3), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be extended until the date on which the dispute is finally resolved, either by mutual written agreement of the parties or by a final judgment, order or decree of an arbitrator or 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, however, provided further that the Date of Termination shall be extended by a notice of dispute given by the Executive only if such notice is given in good faith and the Executive party giving such notice pursues the resolution of such dispute with reasonable diligence.
Appears in 1 contract
Samples: Employment Agreement (Northwestern Public Service Co)
Dispute Concerning Termination. If within fifteen (15) 15 days after any Notice of Termination is given, or, if later, prior to the Date of Termination (as determined without regard to this Section 6.3)Termination, the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be extended until the date on which the dispute is finally resolved, either by mutual written agreement of the parties or by a final judgment, order or decree of an arbitrator or 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, however, that the Date of Termination shall be extended by a notice of dispute given by the Executive only if such notice is given in good faith and the Executive pursues the resolution of such dispute with reasonable diligence.
Appears in 1 contract
Dispute Concerning Termination. 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 Section 6.37.3), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be extended until the date on which the dispute is finally resolved, either by mutual written agreement of the parties or by a final judgment, order or decree of an arbitrator or 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, however, that the Date of Termination shall be extended by a notice of dispute given by the Executive only if such notice is given in good faith and the Executive pursues the resolution of such dispute with reasonable diligence.
Appears in 1 contract
Dispute Concerning Termination. 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 Section 6.37.03), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be extended until the date on which the dispute is finally resolved, either by mutual written agreement of the parties or by a final judgment, order or decree of an arbitrator or 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, however, provided further that the Date of Termination shall be extended by a notice of dispute given by the Executive only if such notice is given in good faith and the Executive party giving such notice pursues the resolution of such dispute with reasonable diligence.
Appears in 1 contract
Samples: Agreement (Chemical Banking Corp)
Dispute Concerning Termination. 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 Section 6.37.3), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be extended until the date on which the dispute is finally resolved, either by mutual written agreement of the parties or by a final judgment, order or decree of an arbitrator or 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, however, provided further that the Date of Termination shall be extended by a notice of dispute given by the Executive only if such notice is given in good faith and the Executive party giving such notice pursues the resolution of such dispute with reasonable diligence.. 7.4
Appears in 1 contract
Samples: Agreement (New England Power Co)
Dispute Concerning Termination. If within fifteen (15) 15 days after any Notice of Termination is given, or, if later, prior to the Date of Termination (as determined without regard to this Section 6.37.03), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be extended until the date on which the dispute is finally resolved, either by mutual written agreement of the parties or by a final judgment, order or decree of an arbitrator or 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, howeverprovided further, that the Date of Termination shall be extended by a notice of dispute given by the Executive only if such notice is given in good faith and the Executive party giving such notice pursues the resolution of such dispute with reasonable diligence. SECTION 7.04.
Appears in 1 contract
Samples: Agreement (Bristol Myers Squibb Co)
Dispute Concerning Termination. 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 Section 6.34.3), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be extended until the date on which the dispute is finally resolved, either by mutual written agreement of the parties or by a final judgment, order or decree of an arbitrator or 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, however, that the Date of Termination shall be extended by a notice of dispute given by the Executive only if the basis for such notice is reasonable, such notice is given in good faith and the Executive party giving such notice pursues the resolution of such dispute with reasonable diligence.
Appears in 1 contract
Dispute Concerning Termination. 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 Section 6.36(g)), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be extended until the earlier to occur of (i) the date on which the Term ends or (ii) the date on which the dispute is finally resolved, either by mutual written agreement of the parties or by a the final judgment, order or decree determination of an arbitrator or a court of competent jurisdiction (law, which is not appealable or with respect subject to which the time for appeal therefrom has expired and no appeal has been perfected)appeal; provided, however, that the Date of Termination shall be extended by a notice of dispute given by the Executive only if such notice is given in good faith and the Executive pursues the resolution of such dispute with reasonable diligence.
Appears in 1 contract
Dispute Concerning Termination. 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 Section 6.37.3), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be extended until the date on which the dispute is finally resolved, either by mutual written agreement of the parties or by a final judgment, order or decree of an arbitrator or 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, however, provided further that the Date of Termination shall be extended by a notice of dispute given by the Executive only if such notice is given in good faith and the Executive party giving such notice pursues the resolution of such dispute with reasonable diligence.. 37.4
Appears in 1 contract
Samples: Agreement (New England Power Co)
Dispute Concerning Termination. 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 Section 6.3), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be extended until the date on which the dispute is finally resolved, either by mutual written agreement of the parties or parties, by arbitrator's award, or, to the extent permitted by Section 14, by a final judgment, order or decree of an arbitrator or a court of competent jurisdiction on the arbitrator's award (which is not appealable or with respect to which the time for appeal therefrom has expired and no appeal has been perfected); provided, however, provided further that the Date of Termination shall be extended by a notice of dispute given by the Executive only if such notice is given in good faith and the Executive party giving such notice pursues the resolution of such dispute with reasonable diligence.
Appears in 1 contract
Samples: Agreement (BNS Co)
Dispute Concerning Termination. 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 Section 6.3), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be extended until the date on which the dispute is finally resolved, either by mutual written agreement of the parties or by a final judgment, order or decree of an arbitrator or 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, however, that the Date of Termination shall be extended by a notice of dispute given by the Executive only if such notice is given in good faith and the Executive pursues the resolution of such dispute with reasonable diligence.
Appears in 1 contract
Dispute Concerning Termination. 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 Section 6.38 (c), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be extended until the date on which the dispute is finally resolved, ,either by mutual written agreement of the parties or by a final judgment, order or decree of an arbitrator or 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, however, provided further that the Date of Termination shall be extended by a notice of dispute given by the Executive only if such notice is given in good faith and the Executive party giving such notice pursues the resolution of such dispute with reasonable diligence.
Appears in 1 contract
Dispute Concerning Termination. 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 Section 6.37.3), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be extended until the date on which the dispute is finally resolved, either by mutual written agreement of the parties or by a final judgment, order or decree of an arbitrator or 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, however, provided further that the Date of Termination shall be extended by a notice of dispute given by the Executive only if such notice is given in good faith and the Executive party giving such notice pursues the resolution of such dispute with reasonable diligence.. 22.4
Appears in 1 contract
Samples: Agreement (New England Power Co)