Employer’s Right to Terminate. Notwithstanding the provisions of Section 3.1, the Employer may terminate Executive’s employment under this Agreement at any time for any of the following reasons by providing Executive with a Notice of Termination:
(a) upon Executive being unable to perform Executive’s duties or fulfill Executive’s obligations under this Agreement by reason of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than three months as determined by the Employer and certified in writing by a competent medical physician selected by the Employer (“Disability”); or
(b) Executive’s death; or
(c) for Cause; or
(d) for any other reason whatsoever or for no reason at all, in the sole discretion of the Employer.
Employer’s Right to Terminate. At any time during the Initial Term or any Renewal Term, each Employer shall independently have the right to terminate this Agreement with respect to itself and to terminate Executive’s employment with such Employer for any of the following reasons:
(1) Upon Executive’s death (in which case the Termination Date shall be the date of Executive’s death);
(2) Upon Executive’s Disability (as defined below);
(3) For Cause (as defined in Section 7); or
(4) For any other reason whatsoever, in the sole and complete discretion of the Employer.
Employer’s Right to Terminate. Notwithstanding the provisions of Section 3.1, the Employer may terminate Employee’s employment under this Agreement at any time for any of the following reasons by providing Employee with a Notice of Termination:
(a) upon Employee being unable to perform Employee’s duties or fulfill Employee’s obligations under this Agreement by reason of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than six months as determined by the Company and certified in writing by a competent medical physician selected by the Company; or
(b) Employee’s death; or
(c) for Cause; or
(d) for any other reason whatsoever or for no reason at all, in the sole discretion of the Employer.
Employer’s Right to Terminate. Notwithstanding any other provision of this Agreement to the contrary, Employer may terminate this Agreement at any time during the term thereof, on at least 30 days’ prior written notice, (i) with Cause (as defined in Subsection 6(i) below) or (ii) without Cause.
Employer’s Right to Terminate. Notwithstanding the provisions of Section 4, the Employer shall have the right to terminate the Executive’s employment:
(i) upon the Executive’s death;
(ii) upon the Executive becoming incapacitated by accident, sickness or other circumstances which renders him mentally or physically incapable of performing the duties and services required of him hereunder with reasonable accommodation on a full-time basis for a period of at least 120 days during any 180 day period;
(iii) for “Cause,” which for purposes of this Agreement shall mean the Executive (A) has engaged in gross negligence or willful misconduct which causes or could reasonably be expected to be materially injurious to the Employer or any of its affiliates, (B) has willfully refused without proper legal reason to perform the duties and responsibilities assigned to him by the Board (other than as a result of Disability) and such refusal continues for 5 business days after written demand to the Executive for performance (specifying the manner in which the Executive has willfully failed to perform) from the Employer, (C) has materially breached any provision of this Agreement or any corporate policy, including substance abuse policies, ethics policies or any code of conduct maintained and established by the Employer in writing that is applicable to the Employer’s executives and such breach is incapable of being cured or remains uncured by the Executive for 5 business days after written notice to the Executive of the breach, (D) has willfully engaged in conduct that he knows or should have known is materially injurious to the Employer or any of its affiliates, including fraud or misappropriation, or (E) has been convicted of a misdemeanor involving moral turpitude (which shall not in any event include any offense involving operation of a motor vehicle) or a felony; provided that no act or failure to act by the Executive shall be considered “willful” unless done or omitted to be done by him without a reasonable belief that his action or omission was in or not opposed to the best interest of the Employer; and provided, further that the Executive shall not be deemed to have been terminated for Cause pursuant to clauses (A) through (D) of this Section 5(a)(iii) unless and until there shall have been a duly adopted resolution by a vote of a majority of the entire Board (for purposes of determining the number of directors that constitute a majority of the entire Board, the term “entire Board” shall mean the n...
Employer’s Right to Terminate. The Employer may remove the Custodian or the Plan Provider by giving thirty (30) days written notice or by transferring the Custodial Account to another custodian at any time upon thirty (30) days advance written notice. Upon the removal of the Custodian, the Employer shall promptly appoint a successor custodian and a new record keeper. The party entitled to the notice may waive the notice period.
11.1 Plan Provider’s Appointment of Successor Custodian. The Plan Provider has the right to appoint a successor custodian of the Custodial Account at any time by giving at least thirty (30) days written notice to the Employer and may designate a qualified successor custodian. The party entitled to the notice may waive the notice period.
Employer’s Right to Terminate. The Employer reserves the right to discontinue or terminate the Plan without prejudice at any time and for any reason without prior notice. Such decision to terminate the Plan shall be made in writing and shall be approved by the Employer in accordance with its normal procedures for transacting business. Affiliated Employers may withdraw from participation in the Plan, but may not terminate the Plan.
Employer’s Right to Terminate. The Board of Directors of the Employer reserves the right, at any time, to terminate the Agreement; provided, however, that no such termination shall deprive the Officer or any Beneficiary of a right accrued hereunder prior to the date of termination and provided that, upon termination, the Officer shall become fully vested in the Officer’s Liability Account. The Employer may, at any time, terminate the Agreement except that no Agreement termination may reduce the Officer’s Liability Account. Except as provided in this Section 8.1, the termination of the Agreement shall not cause a distribution of any Benefits. Rather, after such termination, Benefit distributions, if any, will be made in accordance with Article 4. Notwithstanding the preceding provisions of this Section 8.1, the Employer may elect to terminate the Agreement under any circumstances permitted by Treasury Regulations Section 1.409A-3(j)(4)(ix). In any such event, the Employer shall distribute the Officer’s Liability Account, determined as of the date of the termination of the Agreement, to the Officer in a lump sum at the earliest date permitted under such Treasury guidance.”
Employer’s Right to Terminate. Prior To Expiration Of Term. Employer may terminate this Agreement prior to the expiration of its term on the occurrence of either:
(i) an event of default with respect to Executive, as provided herein; or
(ii) death or Total Disability (hereafter defined) of Executive occurring during the Term.
Employer’s Right to Terminate. The Company shall have the right, at its election, to terminate Grahxx'x xxxloyment during the Consulting Period in the event of Grahxx'x:
