Effects of Termination of Employment. (a) Upon termination of Executive's employment with the Company for any reason whatsoever, Employer shall pay to Executive (or in case of Executive's death, to his estate), within thirty (30) days of the effective date of such termination, all salary and expense reimbursements due to Executive through the date of such termination, and Executive shall be entitled to such benefits as are available pursuant to the terms of any benefit or similar plans, policies or programs in which Executive was participating at the time of such termination pursuant to Section 6 of this Agreement. In addition, upon termination of Executive's employment with the Company for death or permanent disability, in lieu of any further salary or bonus payments as severance to Executive for periods subsequent to such termination and in lieu of any other severance otherwise payable to Executive, the Company will pay to Executive (or to his estate, as applicable), within thirty (30) days of such termination, a lump sum severance payment, in cash equal to one (1) year of Executive's Base Salary as in effect immediately prior to such termination of Executive's employment. Also, if the Company terminates the Executive's employment for any reason other than those set forth in Sections 2(a), (b) or (c), or if Executive terminates Executive's Employment under Section 2(d), the Company shall continue throughout the full Term of this Agreement to pay Executive's salary pursuant to Section 4 and to provide Executive's benefits pursuant to Section 6 (and, if the Company pays Executive's salary and provides Executive's benefits for the full Term of this Agreement, Executive shall be subject to the covenants contained in Section 9 through the full term of this Agreement). (b) Notwithstanding any termination of this Agreement or Executive's employment hereunder, this Section 7 and Sections 10 and 11 of this Agreement, and the rights and obligations created therein, shall survive without limitation.
Appears in 6 contracts
Samples: Employment Agreement (Wca Waste Corp), Employment Agreement (Wca Waste Corp), Employment Agreement (Wca Waste Corp)
Effects of Termination of Employment. (a) Upon Subject to the provisions of this Section 7, upon termination of Executive's employment with the Company for any reason whatsoever, Employer the Company shall pay to Executive (or in case of Executive's death, to his estate), within thirty (30) days of the effective date of such termination, all salary and expense reimbursements due to Executive through the date of such termination, and Executive shall be entitled to such benefits as are available pursuant to the terms of any benefit or similar plans, policies or programs in which Executive was participating at the time of such termination pursuant to Section 6 of this Agreement. In addition, upon termination of Executive's employment with the Company for death or permanent disability, in lieu of any further salary or bonus payments as severance to Executive for periods subsequent to such termination and in lieu of any other severance otherwise payable to Executive, the Company will pay to Executive (or to his estate, as applicable), within thirty (30) days of such termination, a lump sum severance payment, in cash equal to one (1) year of the Executive's Base Salary for the Remaining Term of the Agreement as in effect immediately prior to such termination of Executive's employment. Also, if the Company terminates the Executive's employment for any reason other than those set forth in Sections 2(a), (b) or (c), or if Executive terminates Executive's Employment under Section 2(d), the Company shall continue throughout the full Term of this Agreement to pay Executive's salary pursuant to Section 4 4, to continue coverage in any annual and long-term incentive plans pursuant to Section 5 and to provide Executive's benefits pursuant to Section 6 (and, if the Company pays Executive's salary and provides Executive's benefits for the full Term of this Agreement, Executive shall be subject to the covenants contained in Section 9 through the full term of this Agreement).
(b) Notwithstanding any termination of this Agreement or Executive's employment hereunder, this Section 7 and Sections 10 and 11 of this Agreement, and the rights and obligations created therein, shall survive without limitation.
(c) Notwithstanding any provision of this Agreement, it is the intention of the parties hereto that there shall be no duplication of benefits if the circumstances of Executive's termination of employment would otherwise entitle Executive to payments and benefits under this Section 7 and under Section 10. Accordingly, in the event of such a termination, if a particular type of benefit is payable under both Section 7 and Section 10, the Company shall in good faith compare the two benefits and Executive shall be paid the greater of the two benefits. Such payment shall be accepted by Executive in lieu of the lesser benefit otherwise provided under this Agreement.
Appears in 4 contracts
Samples: Employment Agreement (Wca Waste Corp), Employment Agreement (Wca Waste Corp), Employment Agreement (Wca Waste Corp)
Effects of Termination of Employment. (a) Upon Subject to the provisions of this Section 7, upon termination of Executive's ’s employment with the Company for any reason whatsoever, Employer the Company shall pay to Executive (or in case of Executive's ’s death, to his estate), within thirty (30) days of the effective date of such termination, all salary and expense reimbursements due to Executive through the date of such termination, and Executive shall be entitled to such benefits as are available pursuant to the terms of any benefit or similar plans, policies or programs in which Executive was participating at the time of such termination pursuant to Section 6 of this Agreement. In addition, upon termination of Executive's ’s employment with the Company for death or permanent disability, in lieu of any further salary or bonus payments as severance to Executive for periods subsequent to such termination and in lieu of any other severance otherwise payable to Executive, the Company will pay to Executive (or to his estate, as applicable), within thirty (30) days of such termination, a lump sum severance payment, in cash equal to one (1) year of the Executive's ’s Base Salary for the Remaining Term of the Agreement as in effect immediately prior to such termination of Executive's ’s employment. Also, if the Company terminates the Executive's ’s employment for any reason other than those set forth in Sections 2(a), (b) or (c), or if Executive terminates Executive's ’s Employment under Section 2(d), the Company shall continue throughout the full Term of this Agreement to pay Executive's ’s salary pursuant to Section 4 4, to continue coverage in any annual and long-term incentive plans pursuant to Section 5 and to provide Executive's ’s benefits pursuant to Section 6 (and, if the Company pays Executive's ’s salary and provides Executive's ’s benefits for the full Term of this Agreement, Executive shall be subject to the covenants contained in Section 9 through the full term of this Agreement). References in this Section 7(a) to termination of Executive’s employment shall mean termination of Executive’s employment with the Company and all entities required to be aggregated with the Company and treated as one employer under Section 414(b) or (c) of the Code (as defined in Section 10(a) hereof). Notwithstanding any provision of this Section 7 to the contrary, except for any payment due under the first sentence of Section 7(a), any payment otherwise due under Section 7(a) shall be subject to any applicable limitations set forth in Section 20 of this Agreement.
(b) Notwithstanding any termination of this Agreement or Executive's ’s employment hereunder, this Section 7 and Sections 10 and 11 of this Agreement, and the rights and obligations created therein, shall survive without limitation.
(c) Notwithstanding any provision of this Agreement, it is the intention of the parties hereto that there shall be no duplication of benefits if the circumstances of Executive’s termination of employment would otherwise entitle Executive to payments and benefits under this Section 7 and under Section 10. Accordingly, in the event of such a termination, if a particular type of benefit is payable under both Section 7 and Section 10, the Company shall in good faith compare the two benefits and Executive shall be paid the greater of the two benefits. Such payment shall be accepted by Executive in lieu of the lesser benefit otherwise provided under this Agreement.
Appears in 4 contracts
Samples: Employment Agreement (Wca Waste Corp), Employment Agreement (Wca Waste Corp), Employment Agreement (Wca Waste Corp)
Effects of Termination of Employment. (a) Upon termination of Executive's employment with the Company for any reason whatsoever, Employer shall pay to Executive (or in case of Executive's death, to his estate), within thirty (30) days of the effective date of such termination, all salary and expense reimbursements due to Executive through the date of such termination, and Executive shall be entitled to such benefits as are available pursuant to the terms of any benefit or similar plans, policies or programs in which Executive was participating at the time of such termination pursuant to Section 6 of this Agreement. In addition, upon termination of Executive's employment with the Company for death or permanent disability, in lieu of any further salary or bonus payments as severance to Executive for periods subsequent to such termination and in lieu of any other severance otherwise payable to Executive, the Company will pay to Executive (or to his estate, as applicable), within thirty (30) days of such termination, a lump sum severance payment, in cash equal to one (1) year of Executive's Base Salary as in effect immediately prior to such termination of Executive's employment. Also, if the Company terminates the Executive's employment for any reason other than those set forth in Sections 2(a), (b) or (c), or if Executive terminates Executive's Employment under Section 2(d), the Company shall continue throughout the full Term of this Agreement to pay Executive's salary pursuant to Section 4 and end to provide Executive's benefits pursuant to Section 6 (and, if the Company pays Executive's salary and provides Executive's benefits for the full Term of this Agreement, Executive shall be subject to the covenants contained in Section 9 through the full term of this Agreement).
(b) Notwithstanding any termination of this Agreement or Executive's employment hereunder, this Section 7 and Sections 10 and 11 of this Agreement, and the rights and obligations created therein, shall survive without limitation.
Appears in 2 contracts
Samples: Employment Agreement (Wca Waste Corp), Employment Agreement (Wca Waste Corp)