Dispute Concerning Termination. If within fifteen (15) days after any Notice of Termination is given, or, if later, prior to the Employment Termination Date (as determined without regard to this Section), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Employment Termination Date shall be extended until the earlier of (i) the date on which the Term of this Agreement 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 Employment Termination Date 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 18 contracts
Samples: Change of Control Agreement (Gulfmark Offshore Inc), Change in Control Agreement (Furmanite Corp), Change in Control Agreement (Furmanite Corp)
Dispute Concerning Termination. If within fifteen (15) days after any Notice of Termination is given, or, if later, prior to the Employment Date of Termination Date (as determined without regard to this SectionSection IV.F.), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Employment Date of Termination Date shall be extended until the earlier of (i) the date on which the Term of this Agreement Employment Period 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 Employment Date of Termination Date 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 10 contracts
Samples: Executive Retention Agreement (Deluxe Corp), Executive Retention Agreement (Deluxe Corp), Executive Retention Agreement (Deluxe Corp)
Dispute Concerning Termination. If within fifteen (15) days after any Notice of Termination is given, or, if later, prior to the Employment Date of Termination Date (as determined without regard to this SectionSection 5(g)), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Employment Date of Termination Date shall be extended until the earlier of (i) the date on which the Term Change of this Agreement Control Period 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 Employment Date of Termination Date 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 8 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 Employment Date of Termination Date (as determined without regard to this SectionSection 7.3), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Employment Date of Termination Date shall be extended until the earlier of (i) the date on which the Term of this Agreement 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 Employment Date of Termination Date 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 (Altavista Co), Severance Agreement (Einstein Noah Bagel Corp), Severance Agreement (Einstein Noah Bagel Corp)
Dispute Concerning Termination. If within fifteen (15) days ------------------------------ after any Notice of Termination is given, or, if later, prior to the Employment Date of Termination Date (as determined without regard to this SectionSection 7.3), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Employment Date of Termination Date shall be extended until the earlier of (i) the date on which the Term of this Agreement 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 Employment Date -------- ------- of Termination Date 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: 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) days ------------------------------ after any Notice of Termination is given, or, if later, prior to the Employment Date of Termination Date (as determined without regard to this SectionSection 7.3), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Employment Date of Termination Date shall be extended until the earlier of (i) the date on which the Term of this Agreement 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 Employment Date of Termination Date 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 (15) days after ------------------------------ any Notice of Termination is given, or, if later, prior to the Employment Date of Termination Date (as determined without regard to this SectionSection 9(c)), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Employment Date of Termination Date shall be extended until the earlier of (i) the date on which the Term of this Agreement 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 Employment Date of Termination Date 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 (Aura Systems Inc), Severance Agreement (Aura Systems Inc)
Dispute Concerning Termination. If within fifteen (15) days ------------------------------ after any Notice of Termination is given, or, if later, prior to the Employment Date of Termination Date (as determined without regard to this SectionSection 7.3), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Employment Date of Termination Date shall be extended until the earlier of (i) the date on which the Term of this Agreement 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 Employment Date of Termination Date 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)
Dispute Concerning Termination. If within fifteen (15) ------------------------------ days after any Notice of Termination is given, or, if later, prior to the Employment Date of Termination Date (as determined without regard to this SectionSection 7.3), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Employment Date of Termination Date shall be extended until the earlier of (i) the date on which the Term of this Agreement 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 Employment Date of -------- ------- Termination Date 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 givengiven by the Company at a time when the Executive is willing and able to continue performing services, and the Company does not have Cause for termination, or is given by the Executive for Good Reason, and within 15 days after such Notice of Termination is given or, if later, prior to the Employment Date of Termination Date (as determined without regard to this SectionSection 7.3), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Employment Date of Termination Date shall be extended until the earlier of (i) the date on which the Term of this Agreement 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)arbitrator; provided, however, that the Employment Date of Termination Date 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