Duration of the Employment. (A) The Employment under this Agreement shall commence on and, subject to the provisions of this Agreement, shall continue for a fixed period of 12 months and thereafter unless and until terminated by either party giving to the other not less than 3 months notice in writing to expire on or at any time after the expiry of that fixed period. (B) Notwithstanding clause-3(A), the Employment shall terminate automatically without the need for notice when the Employee reaches 60 years of age. (C) The Company reserves the right to terminate the Employment without any notice or on notice less than that required by clause 3(A) provided that if it does so it will pay to the Employee a sum equal to, but no more than, the Salary in respect of that part of the period of notice in clause 3(A) which the Company has not given to the Employee less any appropriate tax and other statutory deductions and any other deduction considered by the Company to be appropriate and reasonable to take account of accelerated receipt and the Employee s duty to mitigate his loss. (D) At any time during any period of notice (whether given by the Company or the Employee), the Company shall be under no obligation to assign any duties to the Employee and shall be entitled to exclude him from its premises and/or the Company may require the Employee to carry out specified projects, provided that this shall not affect the Employee s entitlement to receive the Salary and other contractual benefits. (E) For the purposes of the ERA the Employee s period of continuous employment with the Company began on 1 October 2002 The Employee s employment with the Company and is not continuous with any previous employment with any previous employer. (F) The Employee represents and warrants that he is not bound by or subject to any court order, agreement, arrangement or undertaking which in any way restricts or prohibits him from entering into this Agreement or from performing his duties under it.
Appears in 3 contracts
Samples: Employment Agreement (Narrowstep Inc), Employment Agreement (Narrowstep Inc), Employment Agreement (Narrowstep Inc)
Duration of the Employment. (A) The Employment under this Agreement shall commence on and, subject to the provisions of this Agreement, shall continue for a fixed period of 12 months and thereafter unless and until terminated by either party giving to the other not less than 3 months 12 months' notice in writing to expire on or at any time after the expiry of that fixed period.
(B) Notwithstanding clause-3(A), the Employment shall terminate automatically without the need for notice when the Employee reaches 60 years of age.
(C) The Company reserves the right to terminate the Employment without any notice or on notice less than that required by clause 3(A) provided that if it does so it will pay to the Employee a sum equal to, but no more than, the Salary in respect of that part of the period of notice in clause 3(A) which the Company has not given to the Employee less any appropriate tax and other statutory deductions and any other deduction considered by the Company to be appropriate and reasonable to take account of accelerated receipt and the Employee s Employee's duty to mitigate his loss. Failure by the Company to give notice shall not entitle the Employee to receive such a payment and nor shall this clause release the Employee from any duty to mitigate any loss arising from the termination of his Employment.
(D) At any time during any period of notice (whether given by the Company or the Employee), the Company shall be under no obligation to assign any duties to the Employee and shall be entitled to exclude him from its premises and/or the Company may require the Employee to carry out specified projects, provided that this shall not affect the Employee s Employee's entitlement to receive the Salary and other contractual benefits.
(E) For the purposes of the ERA the Employee s Employee's period of continuous employment with the Company began on 1 October 2002 The Employee s Employee's employment with the Company and is not continuous with any previous employment with any previous employer.
(F) The Employee represents and warrants that he is not bound by or subject to any court order, agreement, arrangement or undertaking which in any way restricts or prohibits him from entering into this Agreement or from performing his duties under it.
Appears in 2 contracts
Samples: Employment Agreement (Narrowstep Inc), Employment Agreement (Narrowstep Inc)
Duration of the Employment. (A) The Employment under this Agreement shall commence on and, subject to the provisions of this Agreement, shall continue for a fixed period of 12 months and thereafter unless and until terminated by either party giving to the other not less than 3 months months' notice in writing to expire on or at any time after the expiry of that fixed period.
(B) Notwithstanding clause-3(A), the Employment shall terminate automatically without the need for notice when the Employee reaches 60 years of age.
(C) The Company reserves the right to terminate the Employment without any notice or on notice less than that required by clause 3(A) provided that if it does so it will pay to the Employee a sum equal to, but no more than, the Salary in respect of that part of the period of notice in clause 3(A) which the Company has not given to the Employee less any appropriate tax and other statutory deductions and any other deduction considered by the Company to be appropriate and reasonable to take account of accelerated receipt and the Employee s Employee's duty to mitigate his loss.
(D) At any time during any period of notice (whether given by the Company or the Employee), the Company shall be under no obligation to assign any duties to the Employee and shall be entitled to exclude him from its premises and/or the Company may require the Employee to carry out specified projects, provided that this shall not affect the Employee s Employee's entitlement to receive the Salary and other contractual benefits.
(E) For the purposes of the ERA the Employee s Employee's period of continuous employment with the Company began on 1 October 2002 10/5/2002 The Employee s Employee's employment with the Company and is not continuous with any previous employment with any previous employer.
(F) The Employee represents and warrants that he is not bound by or subject to any court order, agreement, arrangement or undertaking which in any way restricts or prohibits him from entering into this Agreement or from performing his duties under it.
Appears in 1 contract
Duration of the Employment. (A) The Employment under this Agreement shall commence on and, subject to the provisions of this Agreement, shall continue for a fixed period of 12 months and thereafter unless and until terminated by either party giving to the other not less than 3 months notice in writing to expire on or at any time after the expiry of that fixed period.
(B) Notwithstanding clause-3(A), the Employment shall terminate automatically without the need for notice when the Employee reaches 60 years of age.
(C) The Company reserves the right to terminate the Employment without any notice or on notice less than that required by clause 3(A) provided that if it does so it will pay to the Employee a sum equal to, but no more than, the Salary in respect of that part of the period of notice in clause 3(A) which the Company has not given to the Employee less any appropriate tax and other statutory deductions and any other deduction considered by the Company to be appropriate and reasonable to take account of accelerated receipt and the Employee s duty to mitigate his loss.
(D) At any time during any period of notice (whether given by the Company or the Employee), the Company shall be under no obligation to assign any duties to the Employee and shall be entitled to exclude him from its premises and/or the Company may require the Employee to carry out specified projects, provided that this shall not affect the Employee s entitlement to receive the Salary and other contractual benefits.
(E) For the purposes of the ERA the Employee s period of continuous employment with the Company began on 1 October 2002 24 March 2003 The Employee s employment with the Company and is not continuous with any previous employment with any previous employer.
(F) The Employee represents and warrants that he is not bound by or subject to any court order, agreement, arrangement or undertaking which in any way restricts or prohibits him from entering into this Agreement or from performing his duties under it.
Appears in 1 contract
Duration of the Employment. (A) The Employment under this Agreement shall commence on and, subject to the provisions of this Agreement, shall continue for a fixed period of 12 months and thereafter unless and until terminated by either party giving to the other not less than 3 months notice in writing to expire on or at any time after the expiry of that fixed period.
(B) Notwithstanding clause-3(A), the Employment shall terminate automatically without the need for notice when the Employee reaches 60 years of age.
(C) The Company reserves the right to terminate the Employment without any notice or on notice less than that required by clause 3(A) provided that if it does so it will pay to the Employee a sum equal to, but no more than, the Salary in respect of that part of the period of notice in clause 3(A) which the Company has not given to the Employee less any appropriate tax and other statutory deductions and any other deduction considered by the Company to be appropriate and reasonable to take account of accelerated receipt and the Employee s duty to mitigate his loss.
(D) At any time during any period of notice (whether given by the Company or the Employee), the Company shall be under no obligation to assign any duties to the Employee and shall be entitled to exclude him from its premises and/or the Company may require the Employee to carry out specified projects, provided that this shall not affect the Employee s entitlement to receive the Salary and other contractual benefits.
(E) For the purposes of the ERA the Employee s period of continuous employment with the Company began on 1 October 2002 10/5/2002 The Employee s employment with the Company and is not continuous with any previous employment with any previous employer.
(F) The Employee represents and warrants that he is not bound by or subject to any court order, agreement, arrangement or undertaking which in any way restricts or prohibits him from entering into this Agreement or from performing his duties under it.
Appears in 1 contract
Duration of the Employment. (A) 3.1 The Employment under employment commenced on 1 July 2000 and subject to any earlier termination in accordance with any other provision of this Agreement shall commence on and, continue thereafter until 30 June 2003.
3.2 At any time prior to the first day of January 2001 and in each year thereafter during the subsistence of this Agreement the Board or if it so determines a Committee of the Board shall review the terms of this Agreement and following each review will prior to the first day of January following the review either:
(a) subject to the provisions of sub-clause 3.3 hereof extend the term of this Agreement, Agreement so that it expires three years after the first day of January following the review whereupon the last date in clause 3.1 hereof shall continue for a fixed period of 12 months and thereafter unless and until terminated by either party giving be amended accordingly; or
(b) give to the other Executive not less than 3 months two years' notice in writing to expire on or at any time after the expiry last day of that fixed periodthe then unexpired term of this Agreement.
(B) 3.3 Notwithstanding clause-3(A)clause 3.1, the Employment shall terminate automatically without the need for notice when the Employee Executive reaches the normal retiring age from time to time applicable to directors of the Company (the current retiring age being 60 years of age).
(C) 3.4 The Company reserves the right to terminate the Employment without any notice or on notice less than that required by clause 3(A) provided that if it does so it will pay to the Employee a sum equal to, but no more than, the Salary in respect of that part of the period of notice in clause 3(A) which the Company has not given to the Employee less any appropriate tax and other statutory deductions and any other deduction considered by the Company to be appropriate and reasonable to take account of accelerated receipt and the Employee s duty to mitigate his loss.
(D) At any time during any period of notice (whether given by the Company or the Employee), the Company shall be under no obligation to assign any duties to the Employee and shall be entitled to exclude him from its premises and/or the Company may require the Employee to carry out specified projects, provided that this shall not affect the Employee s entitlement to receive the Salary and other contractual benefits.
(E) For the purposes of the ERA the Employee s period of continuous employment with the Company began on 1 October 2002 The Employee s employment with the Company and is not continuous with any previous employment with any previous employer.
(F) The Employee Executive represents and warrants that he is not bound by or subject to any court order, agreement, arrangement or undertaking which in any way restricts or prohibits him from entering into this Agreement or from performing his duties hereunder.
4.1 Subject to Clause 4.2 the Executive shall be employed as Chief Financial Officer and as an Executive Director, in which positions he shall:
(a) devote the whole of his time, attention and skill to his duties;
(b) faithfully and diligently perform such duties and exercise such powers consistent with his position as may from time to time be assigned to or vested in him by the Board;
(c) obey the reasonable and lawful directions of the Board and the Chief Executive;
(d) comply with all the Company's rules, regulations, policies and procedures from time to time in force; and
(e) keep the Chief Executive all times promptly and fully informed (in writing if so requested) of his conduct of the business of the Company and any Group Company and provide such explanations in connection therewith as the Board and the Chief Executive may require.
4.2 The Company reserves the right to require the Executive to carry out the duties of another position within the Group of equivalent remuneration either in addition to or instead of his duties as Chief Financial Officer and/or Executive Director.
4.3 The Company shall be at liberty to appoint any other person or persons to act jointly with the Executive in any position (under itClause 4.2) to which he may he assigned from time to time.
4.4 The Executive shall if and so long as the Company requires and without any further remuneration therefor than is herein mentioned:
(a) carry out his duties on behalf of any Group Company; and
(b) act as a director or officer of any Group Company.
4.5 The Company may at its sole discretion transfer this Agreement to any Group Company at any time.
Appears in 1 contract
Duration of the Employment. (A) 3.1 The Employment under this Agreement shall commence commenced on 1 July 2006 and, subject to the provisions of this Agreement, shall continue for a fixed period of 12 months and thereafter unless and until terminated by either party the Company giving to the other Executive not less than 3 months 12 months’ notice in writing or by the Executive giving to expire on or the Company not less than 6 months’ notice in writing at any time after the expiry of that fixed periodtime.
(B) 3.2 Notwithstanding clause-3(A)clause 3.1, the Employment shall terminate automatically (without the need for any entitlement to notice pay) when the Employee Executive reaches 60 years of agethe Normal Retirement Date.
(Ca) The Company reserves shall have the right discretion to terminate the Employment lawfully without any notice or on notice less than that required by clause 3(A) provided that if it does so it will pay 3.1, by paying to the Employee Executive a sum equal to, but no more than, to the Salary in respect of that part of the period of notice in clause 3(A) 3.1 which the Company has not given to the Employee Executive (less any appropriate tax and other statutory deductions and any other deduction considered by the Company to be appropriate and reasonable to take account of accelerated receipt and the Employee s duty to mitigate his lossdeductions).
(Db) For the avoidance of doubt, the Company’s right to pay in lieu of notice under this clause 3.3 applies to any notice of termination, including circumstances in which the Company elects to pay in lieu of notice (or part of the notice) served by the Executive to terminate the Employment.
(c) This clause 3.3 is without prejudice to the Company’s rights under clause 16.1.
(d) For the avoidance of doubt, the Company is not obliged to make a payment in lieu of notice under this clause 3.3.
3.4 Should the Company exercise its discretion to terminate the Employment pursuant to clause 3.3, all the Executive’s post termination obligations contained in this Agreement, including in particular the restrictive covenants in clause 17, shall remain in full force and effect.
3.5 At any time during any period of notice of termination (whether given served by the Company Executive or the EmployeeCompany), the Company shall be under no obligation have the right at its absolute discretion to assign any no, reduced or alternative duties to the Employee Executive (provided that any such duties shall be consistent with the Executive’s status) and shall be entitled to require the Executive to act at the direction of the Company including the right to exclude him from its premises premises, and/or remove him from office as a director of the Company and from any or all offices held by him in the Company or in any other Group Company (including if appropriate the office of trustee of any of the pension schemes of the Group) and/or prevent the Executive from discussing its affairs with the Company’s or any other Group Company’s employees, agents, clients or customers. The Executive agrees that during any period of notice given by either party, he will give the Company or such person nominated by it all assistance and co-operation in effecting a smooth and orderly handover of his duties as the Company may require require. If the Employee to carry out specified projectsCompany shall exercise its right under this clause, provided that this shall not affect the Employee s Executive’s entitlement to receive the Salary and other contractual benefits shall continue, subject always to the rules of any relevant scheme or policy relating to such benefits. For the avoidance of doubt, at all times during any period of notice of termination served in accordance hereunder, the Executive shall continue to be bound by the same obligations as were owed to the Company prior to the commencement of the notice period.
(E) 3.6 For the purposes of the ERA the Employee s Executive’s period of continuous employment with the Company began on 1 October 2002 The Employee s employment with the Company and is not continuous with any previous employment with any previous employer«Date_period_of_continuous_employment_beg».
(F) 3.7 The Employee Executive represents and warrants that he is not bound by or subject to any court order, agreement, arrangement or undertaking which in any way restricts or prohibits him from entering into this Agreement or from performing his duties under it.
Appears in 1 contract
Samples: Service Agreement (Diageo PLC)
Duration of the Employment. (A) The Employment under this Agreement shall commence on and, subject to the provisions of this Agreement, shall continue for a fixed period of 12 months and thereafter unless and until terminated by either party giving to the other not less than 3 months months' notice in writing to expire on or at any time after the expiry of that fixed period.
(B) Notwithstanding clause-3(A), the Employment shall terminate automatically without the need for notice when the Employee reaches 60 years of age.
(C) The Company reserves the right to terminate the Employment without any notice or on notice less than that required by clause 3(A) provided that if it does so it will pay to the Employee a sum equal to, but no more than, the Salary in respect of that part of the period of notice in clause 3(A) which the Company has not given to the Employee less any appropriate tax and other statutory deductions and any other deduction considered by the Company to be appropriate and reasonable to take account of accelerated receipt and the Employee s Employee's duty to mitigate his loss.
(D) At any time during any period of notice (whether given by the Company or the Employee), the Company shall be under no obligation to assign any duties to the Employee and shall be entitled to exclude him from its premises and/or the Company may require the Employee to carry out specified projects, provided that this shall not affect the Employee s Employee's entitlement to receive the Salary and other contractual benefits.
(E) For the purposes of the ERA the Employee s Employee's period of continuous employment with the Company began on 1 October 2002 (date) The Employee s Employee's employment with the Company and is not continuous with any previous employment with any previous employer.
(F) The Employee represents and warrants that he is not bound by or subject to any court order, agreement, arrangement or undertaking which in any way restricts or prohibits him from entering into this Agreement or from performing his duties under it.
Appears in 1 contract
Duration of the Employment. (A) The Employment under this Agreement shall commence on and, subject to the provisions of this Agreement, shall continue for a fixed period of 12 months and thereafter unless and until terminated by either party giving to the other not less than 3 months notice in writing to expire on or at any time after the expiry of that fixed period.
(B) Notwithstanding clause-3(A), the Employment shall terminate automatically without the need for notice when the Employee reaches 60 years of age.
(C) The Company reserves the right to terminate the Employment without any notice or on notice less than that required by clause 3(A) provided that if it does so it will pay to the Employee a sum equal to, but no more than, the Salary in respect of that part of the period of notice in clause 3(A) which the Company has not given to the Employee less any appropriate tax and other statutory deductions and any other deduction considered by the Company to be appropriate and reasonable to take account of accelerated receipt and the Employee s duty to mitigate his loss.
(D) At any time during any period of notice (whether given by the Company or the Employee), the Company shall be under no obligation to assign any duties to the Employee and shall be entitled to exclude him from its premises and/or the Company may require the Employee to carry out specified projects, provided that this shall not affect the Employee s entitlement to receive the Salary and other contractual benefits.
(E) For the purposes of the ERA the Employee s period of continuous employment with the Company began on 1 October 2002 24 April 2003 The Employee s employment with the Company and is not continuous with any previous employment with any previous employer.
(F) The Employee represents and warrants that he is not bound by or subject to any court order, agreement, arrangement or undertaking which in any way restricts or prohibits him from entering into this Agreement or from performing his duties under it.
Appears in 1 contract