Employee Termination. For purposes of this Agreement, the Period of Employment shall be deemed to have been terminated without cause if the Employee resigns under any of the following conditions: (a) upon the continued default (including a material reduction in the duties, responsibilities and authority of the Employee as set forth in Article II) by the Employer in the substantial performance of its obligations hereunder for a 30-day period after a demand for substantial performance is delivered to the Employer by the Employee, which demand specifies and identifies the manner in which the Employer has not substantially performed its obligations; or (b) upon the Employee being directed by the President or the Board to engage in any activity which the Employee, based upon written advice of competent legal counsel, believes would constitute criminal activity, provided that the Employee gives notice to the Employer providing it with a copy of the written advice of his legal counsel and the Employer does not, within five business days after its receipt of such notice, withdraw its request that the Employee engage in the activity in question.
Appears in 4 contracts
Samples: Employment Agreement (Key Production Co Inc), Employment Agreement (Cimarex Energy Co), Employment Agreement (Cimarex Energy Co)
Employee Termination. For purposes of this Agreement, the Period of Employment shall be deemed to have been terminated without cause if the Employee resigns under any of the following conditions:
(a) upon the continued default (including a material reduction in the duties, responsibilities and authority of the Employee as set forth in Article II) by the Employer in the substantial performance of its obligations hereunder for a 30-day period after a demand for substantial performance is delivered to the Employer by the Employee, which demand specifies and identifies the manner in which the Employer has not substantially performed its obligations; or
(b) upon the Employee being directed by the President or the Board to engage in any activity which the Employee, based upon written advice of competent legal counsel, believes would constitute criminal activity, provided that the Employee gives notice to the Employer providing it with a copy of the written advice of his legal counsel and the Employer does not, within five business days after its receipt of such notice, withdraw its request that the Employee engage in the activity in question.. ARTICLE VII
Appears in 2 contracts
Samples: Employment Agreement (Cimarex Energy Co), Employment Agreement (Key Production Co Inc)
Employee Termination. For purposes of this Agreement, the Period of Employment shall be deemed to have been terminated without cause if the Employee resigns under any of the following conditions:
(a) upon the continued default (including a material reduction in the duties, responsibilities and authority of the Employee as set forth in Article II) by the Employer in the substantial performance of its obligations hereunder for a 30-day period after a demand for substantial performance is delivered to the Employer by the Employee, which demand specifies and identifies the manner in which the Employer has not substantially performed its obligations; or
(b) upon the Employee being directed by the Senior Vice President or the Board President to engage in any activity which the Employee, based upon written advice of competent legal counsel, believes would constitute criminal activity, provided that the Employee gives notice to the Employer providing it with a copy of the written advice of his legal counsel and the Employer does not, within five business days after its receipt of such notice, withdraw its request that the Employee engage in the activity in question.
Appears in 2 contracts
Samples: Employment Agreement (Key Production Co Inc), Employment Agreement (Cimarex Energy Co)
Employee Termination. For purposes of this Agreement, the Period of Employment shall be deemed to have been terminated without cause if the Employee resigns under any of the following conditions:
(a) upon the continued default (including a material reduction in the duties, responsibilities and authority of the Employee as set forth in Article II) by the Employer in the substantial performance of its obligations hereunder for a 30-day period after a demand for substantial performance is delivered to the Employer by the Employee, which demand specifies and identifies the manner in which the Employer has not substantially performed its obligations; or
(b) upon the Employee being directed by the Vice President and Chief Financial Officer, the President and Chief Executive Officer or the Board to engage in any activity which the Employee, based upon written advice of competent legal counsel, believes would constitute criminal activity, provided that the Employee gives notice to the Employer providing it with a copy of the written advice of his legal counsel and the Employer does not, within five business days after its receipt of such notice, withdraw its request that the Employee engage in the activity in question.
Appears in 2 contracts
Samples: Employment Agreement (Key Production Co Inc), Employment Agreement (Cimarex Energy Co)
Employee Termination. For purposes of this Agreement, the Period of Employment shall be deemed to have been terminated without cause if the Employee resigns under any of the following conditions:
(a) upon the continued default (including a material reduction in the duties, responsibilities and authority of the Employee as set forth in Article II) by the Employer in the substantial performance of its obligations hereunder for a 30-day period after a demand for substantial performance is delivered to the Employer by the Employee, which demand specifies and identifies the manner in which the Employer has not substantially performed its obligations; or
(b) upon the Employee being directed by the President and Chief Executive Officer or the Board to engage in any activity which the Employee, based upon written advice of competent legal counsel, believes would constitute criminal activity, provided that the Employee gives notice to the Employer providing it with a copy of the written advice of his legal counsel and the Employer does not, within five business days after its receipt of such notice, withdraw its request that the Employee engage in the activity in question.
Appears in 1 contract
Employee Termination. For purposes of this Agreement, the Period of Employment shall be deemed to have been terminated without cause if the Employee resigns under any of the following conditions:
(a) upon the continued default (including a material reduction in the duties, responsibilities and authority of the Employee as set forth in Article II) by the Employer Company in the substantial performance of its obligations hereunder for a thirty (30-) day period after a demand for substantial performance is delivered to the Employer Company by the Employee, which demand specifies and identifies the manner in which the Employer Company has not substantially performed its obligations; or
(b) upon the Employee being directed by the President or the Board to engage in any activity which the Employee, based upon written advice of competent legal counsel, believes would constitute criminal activity, provided that the Employee gives notice to the Employer Company providing it with a copy of the written advice of his legal counsel and the Employer Company does not, within five (5) business days after its receipt of such notice, withdraw its request that the Employee engage in the activity in question.
Appears in 1 contract
Samples: Employment Agreement (Cardxx Inc)