Common use of Dispute Concerning Termination Clause in Contracts

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 7.3), 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 of this Agreement ends (taking into account any extensions thereof that shall have occurred) 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 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 7 contracts

Samples: Agreement (Riggs National Corp), Agreement (Union Pacific Resources Group Inc), Agreement (Union Pacific Resources Group Inc)

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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 7.3), 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 of this Agreement Term ends (taking into account any extensions thereof that shall have occurred) 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; and further provided, however, that the provisions of this Section 7.3 shall apply only to the extent that, pursuant to Treas. Reg. § 1.409A-3(g), they will not cause an additional tax under Section 409A of the Code.

Appears in 7 contracts

Samples: Change in Control Agreement (Baxter International Inc), Control Agreement (Baxter International Inc), Change in Control Agreement (Baxter International Inc)

Dispute Concerning Termination. If within the later of (i) fifteen (15) days after any Notice of Termination is given, or, if later, or (ii) fifteen (15) days prior to the Date of Termination (as determined without regard to this Section 7.311(e), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning a termination by the terminationEmployee for Good Reason (as defined in Section 11(h)) following a Change in Control (as defined in Section 11(g)), the Date of Termination shall be extended until the earlier of (i) the expiration date on which of the term of this Agreement ends (taking into account any extensions thereof that shall have occurred) Agreement, 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 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 party giving such notice pursues the resolution of such dispute with reasonable diligence.

Appears in 7 contracts

Samples: Employment Agreement (Ihop Corp), Employment Agreement (Ihop Corp), Employment Agreement (Ihop 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 7.35(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 of (i) the date on which the term Change of this Agreement Control Period ends (taking into account any extensions thereof that shall have occurred) 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; and provided further, this Section 5(g) shall be applicable only for terminations of employment occurring during the Change of Control Period.

Appears in 7 contracts

Samples: Severance Agreement (Us Airways Inc), Severance Agreement (Us Airways Inc), Severance Agreement (Us Airways 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 7.3), 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 of this Agreement Term ends (taking into account any extensions thereof that shall have occurred) 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 6 contracts

Samples: Severance Agreement (Einstein Noah Bagel Corp), Severance Agreement (Einstein Noah Bagel Corp), Severance Agreement (Einstein Noah Bagel Corp)

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 7.3), 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 of this Agreement Term ends (taking into account any extensions thereof that shall have occurred) 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; and provided, further, that the provisions of this Section 7.3 shall apply only to the extent that, pursuant to Treas. Reg. § 1.409A-3(g), they will not cause an additional tax under Section 409A of the Code.

Appears in 5 contracts

Samples: Change in Control Agreement (Temple Inland Inc), Change in Control Agreement (Temple Inland Inc), Change in Control Agreement (Temple Inland 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 7.3), 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 of this Agreement Term ends (taking into account any extensions thereof that shall have occurredoccurred pursuant to Section 2 hereof) 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 a court of competent jurisdiction juris- diction (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.. 7.4

Appears in 4 contracts

Samples: Agreement This Agreement (Orange & Rockland Utilities Inc), Agreement This Agreement (Orange & Rockland Utilities Inc), Agreement This Agreement (Orange & Rockland Utilities Inc)

Dispute Concerning Termination. If within fifteen (15) days ------------------------------ after any Notice of Termination Intent to Terminate is given, or, if later, prior to the Date of Termination (as determined without regard to this Section 7.32.9(C)), the party receiving such Notice of Termination Intent to Terminate notifies the other party that a dispute exists concerning the termination or the provisions of this Agreement that apply to such termination, the Date of Termination shall be extended until the earlier of (i) the date on which the term of this Agreement ends (taking into account any extensions thereof that shall have occurred) 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 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 4 contracts

Samples: Employment Agreement (Vallicorp Holdings Inc), Employment Agreement (Vallicorp Holdings Inc), Employment Agreement (Vallicorp Holdings 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 7.37(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 of this Agreement Term ends (taking into account any extensions thereof that shall have occurred) 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 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: Employment Agreement (American General Corp /Tx/), Employment Agreement (American General Corp /Tx/), Employment Agreement (American General Corp /Tx/)

Dispute Concerning Termination. If within fifteen (15) ------------------------------ days after any Notice of Termination Intent to Terminate is given, or, if later, prior to the Date of Termination (as determined without regard to this Section 7.32.9(C)), the party receiving such Notice of Termination Intent to Terminate notifies the other party that a dispute exists concerning the termination or the provisions of this Agreement that apply to such termination, the Date of Termination shall be extended until the earlier of (i) the date on which the term of this Agreement ends (taking into account any extensions thereof that shall have occurred) 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 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 3 contracts

Samples: Employment Agreement (Vallicorp Holdings Inc), Employment Agreement (Vallicorp Holdings Inc), Employment Agreement (Vallicorp Holdings 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 7.35(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 of (i) the date on which the term of this Agreement Employment Period ends (taking into account any extensions thereof that shall have occurred) 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; and provided further, this Section 5(g) shall be applicable only for terminations of employment occurring following the Change of Control Date.

Appears in 2 contracts

Samples: Employment Agreement (Us Airways Inc), Employment Agreement (Us Airways 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 7.3), 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 of this Agreement Term ends (taking into account any extensions thereof that shall have occurred) 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 2 contracts

Samples: Change in Control Agreement (Sierra Pacific Resources), Severance Agreement (Centocor Inc)

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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 7.3), 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 of this Agreement Term ends (taking into account any extensions thereof that shall have occurred) 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 2 contracts

Samples: Severance Agreement (Gsi Lumonics Inc), Severance Agreement (Gsi Lumonics 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 7.3), 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 of this Agreement Term ends (taking into account any extensions thereof that shall have occurred) 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 2 contracts

Samples: Change in Control Agreement (Exide Corp), Severance Agreement (L90 Inc)

Dispute Concerning Termination. If within fifteen ten (1510) days after ------------------------------ any Notice of Termination is given, or, if later, prior to the Date of Termination (as determined without regard to this Section 7.3), 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 of this Agreement Term ends (taking into account any extensions thereof that shall have occurred) 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 2 contracts

Samples: Change In (New England Business Service Inc), Change in Control Severance Agreement (New England Business Service 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 7.3), 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 of this Agreement Term ends (taking into account any extensions thereof that shall have occurred) 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 1 contract

Samples: Change In (Nevada 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 7.37(h)), 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 of this Agreement Term ends (taking into account any extensions thereof that shall have occurred) 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 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

Samples: Employment Agreement (Endurance Specialty Holdings 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 7.35(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 of (i) the date on which the term Change of this Agreement Control Period ends (taking into account any extensions thereof that shall have occurred) 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.; and provided further, this Section 5(g) shall be applicable only for terminations of employment occurring during the Change of Control Period. (h)

Appears in 1 contract

Samples: Change of Control Agreement (Us Airways 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 7.38(c)), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the 8 9 termination, the Date of Termination shall be extended until the earlier of (i) the date on which the term of this Agreement Term ends (taking into account any extensions thereof that shall have occurred) 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 1 contract

Samples: I Severance Agreement (Starwood Hotels & Resorts)

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