Common use of Employment Term and Termination Clause in Contracts

Employment Term and Termination. 5.1 The Executive’s employment by the Company commenced on July 20th 2010. 5.2 The Executive’s employment may be terminated by either party subject to the delivery of thirty (30) days prior written notice by the terminating party (the “Notice Period”). 5.3 During the Notice Period the Executive shall continue to perform his duties until the conclusion of the Notice Period. Nevertheless, the Company shall have the right not to take advantage of the full Notice Period. In the event of such termination, the Company shall pay the Executive his Salary for the remainder of the Notice Period (as payment in lieu of prior notice period). It is hereby expressly stated that the Company reserves the right to terminate the Executive’s employment at any time during the Notice Period, regardless of whether notice of termination of employment was delivered by the Company or whether such notice was delivered by the Executive. In the latter case such termination shall not constitute a dismissal of the Executive by the Company. 5.4 Notwithstanding the foregoing, the Company may terminate the Executive’s employment without the delivery of prior written notice, in the event of termination under circumstances which deprive the Executive of severance pay under Israeli law, and/or a breach of trust, and/or the Executive’s breach of the terms and conditions of Section 18 of this Agreement all at the discretion of the Company. 5.5 In the event that the Executive terminates his employment with the Company, for any reason, without the delivery of a written notice in accordance with Section 5.2 above, or without the completion of the Notice Period or any part thereof, the Company will be entitled to deduct from any debt which it may owe the Executive an amount equal to the salary that would have been paid to the Executive during the Notice Period, had he worked. 5.6 The Executive undertakes that immediately upon the termination of his employment with the Company, for any reason, he shall act as follows: 5.6.1 He shall deliver and/or return to the Company all the documents, diskettes or other magnetic media, letters, notes, reports and other papers in his possession and relating to his employment with the Company and the fulfillment of his duties, as well as any equipment and/or other property belonging to the Company which was placed at his disposal, including any Company car, computer equipment, telephone equipment, Executive ID badge or other equipment; 5.6.2 He shall delete any information relating to the Company or its business from his personal computer, if any; and 5.6.3 He shall coordinate the termination of his employment with his supervisors, and he shall transfer in an orderly fashion and in accordance with Company procedures and in accordance with the timetable determined by his supervisors, all documents and information and all matters with which he dealt, to whomever the Company instructs, all in a manner satisfactory to the Company.

Appears in 2 contracts

Samples: Personal Employment Agreement (Entera Bio Ltd.), Personal Employment Agreement (Entera Bio Ltd.)

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Employment Term and Termination. 5.1 The Executive’s employment by 9.1. This Agreement shall be in effect commencing as of the Company commenced on July 20th 2010Commencement Date and shall continue in full force and effect until terminated pursuant to the terms hereof. 5.2 9.2. The ExecutiveEmployee’s employment may be terminated by either party subject party, at any time, pursuant to the delivery of thirty 4 (30four) days months prior written notice by the terminating party (the "Notice Period"). 5.3 9.3. During the Notice Period and unless otherwise determined by the Executive Company the Employee shall continue to perform his duties until the conclusion of the Notice Period, and cooperate with the Company in assisting the integration of the person who will assume the Employee's responsibilities. NeverthelessNotwithstanding the aforementioned, the Company shall have the right not to take advantage of the full Notice Period and may terminate the Employee's employment at any time during the Notice Period. In the event of such termination, the Company shall pay the Executive Employee his Salary and other related benefits (as detailed above) due to him hereunder as he would have been entitled to receive for the remainder remaining period of the Notice Period (as payment in lieu of prior notice period)Period. 9.4. It is hereby expressly stated that the Company reserves the right to terminate the ExecutiveEmployee’s employment at any time during the Notice Period, regardless of whether notice of termination of employment was delivered by the Company or whether such notice was delivered by the ExecutiveEmployee. In the latter case such termination shall not constitute a dismissal of the Executive Employee by the Company. 5.4 Notwithstanding 9.5. Without derogating from the Company’s rights under this Agreement and according to law, and notwithstanding the foregoing, the Company may terminate the Executive’s Employee's employment immediately without the delivery of a prior written noticenotice and/or payment for Notice Period, in the event of termination under circumstances which deprive a Cause (as defined below and subject to any applicable law) and the Executive of severance pay under Israeli law, and/or a breach of trust, and/or the Executive’s breach employment relationship shall be deemed effectively terminated as of the terms and conditions time of Section 18 of this Agreement all at the discretion of the Company. 5.5 In the event that the Executive terminates his employment with the Company, for any reason, without the delivery of a written notice in accordance with Section 5.2 above, or without the completion of the Notice Period or any part thereof, the Company will be entitled to deduct from any debt which it may owe the Executive an amount equal to the salary that would have been paid to the Executive during the Notice Period, had he workedsuch notice. 5.6 The Executive undertakes that immediately upon the termination of his employment with the Company, for any reason, he shall act as follows: 5.6.1 He shall deliver and/or return to the Company all the documents, diskettes or other magnetic media, letters, notes, reports and other papers in his possession and relating to his employment with the Company and the fulfillment of his duties, as well as any equipment and/or other property belonging to the Company which was placed at his disposal, including any Company car, computer equipment, telephone equipment, Executive ID badge or other equipment; 5.6.2 He shall delete any information relating to the Company or its business from his personal computer, if any; and 5.6.3 He shall coordinate the termination of his employment with his supervisors, and he shall transfer in an orderly fashion and in accordance with Company procedures and in accordance with the timetable determined by his supervisors, all documents and information and all matters with which he dealt, to whomever the Company instructs, all in a manner satisfactory to the Company.

Appears in 1 contract

Samples: Personal Employment Agreement (Ormat Technologies, Inc.)

Employment Term and Termination. 5.1 The Executive’s employment by 9.1. This Agreement shall be in effect commencing as of the Company commenced on July 20th 2010Commencement Date and shall continue in full force and effect until terminated pursuant to the terms hereof. 5.2 9.2. The ExecutiveEmployee’s employment may be terminated by either party subject party, at any time, pursuant to the delivery of thirty four (304) days months prior written notice by the terminating party (the "Notice Period"). 5.3 9.3. During the Notice Period and unless otherwise determined by the Executive Company the Employee shall continue to perform his duties until the conclusion of the Notice Period, and cooperate with the Company in assisting the integration of the person who will assume the Employee's responsibilities. NeverthelessNotwithstanding the aforementioned, the Company shall have the right not to take advantage of the full Notice Period and may terminate the Employee's employment at any time during the Notice Period. In the event of such termination, the Company shall pay the Executive Employee his Salary and other related benefits (as detailed above) due to him hereunder as he would have been entitled to receive for the remainder remaining period of the Notice Period (as payment in lieu of prior notice period)Period. 9.4. It is hereby expressly stated that the Company reserves the right to terminate the ExecutiveEmployee’s employment at any time during the Notice Period, regardless of whether notice of termination of employment was delivered by the Company or whether such notice was delivered by the ExecutiveEmployee. In the latter case such termination shall not constitute a dismissal of the Executive Employee by the Company. 5.4 Notwithstanding 9.5. Without derogating from the Company’s rights under this Agreement and according to law, and notwithstanding the foregoing, the Company may terminate the Executive’s Employee's employment immediately without the delivery of a prior written noticenotice and/or payment for Notice Period, in the event of termination under circumstances which deprive a Cause (as defined below and subject to any applicable law) and the Executive employment relationship shall be deemed effectively terminated as of severance pay under Israeli law, and/or the time of delivery of such notice. The term "Cause" shall mean (a) a breach of trust, fiduciary obligations or duties of care, including but not limited to, theft, embezzlement, self-dealing, prohibited disclosure to unauthorized persons or entities of confidential or proprietary information of or relating to the Company, its business, and its subsidiaries, affiliates or associated entities; (b) conviction of the Employee in a crime or felony involving moral turpitude or any crime involving fraud; (c) the Employee's serious intentional misconduct which adversely affects the Company; (d) an intentional and willful action taken by the Employee harming the Company or any of its subsidiaries, affiliates or associated entities; (e) Employee’s insubordination of any lawful resolution and/or instruction of the ExecutiveBoard with respect to Employee’s duties and/or responsibilities towards the Company (f) any material breach of the terms Statement of Undertaking - Confidentiality, Non- Compete and conditions of Section 18 of this Agreement all at Intellectual Property attached hereto as Appendix B by the discretion Employee; and (g) any other act or omission that constitutes "cause" under the laws of the CompanyState of Israel or that annuls the Employee rights to receive severance payments under the applicable law. 5.5 In the event that the Executive terminates his employment with the Company, for any reason, without the delivery of a written notice in accordance with Section 5.2 above, or without the completion of the Notice Period or any part thereof, the Company will be entitled to deduct from any debt which it may owe the Executive an amount equal to the salary that would have been paid to the Executive during the Notice Period, had he worked. 5.6 The Executive undertakes that immediately upon the termination of his employment with the Company, for any reason, he shall act as follows: 5.6.1 He shall deliver and/or return to the Company all the documents, diskettes or other magnetic media, letters, notes, reports and other papers in his possession and relating to his employment with the Company and the fulfillment of his duties, as well as any equipment and/or other property belonging to the Company which was placed at his disposal, including any Company car, computer equipment, telephone equipment, Executive ID badge or other equipment; 5.6.2 He shall delete any information relating to the Company or its business from his personal computer, if any; and 5.6.3 He shall coordinate the termination of his employment with his supervisors, and he shall transfer in an orderly fashion and in accordance with Company procedures and in accordance with the timetable determined by his supervisors, all documents and information and all matters with which he dealt, to whomever the Company instructs, all in a manner satisfactory to the Company.

Appears in 1 contract

Samples: Personal Employment Agreement (Ormat Technologies, Inc.)

Employment Term and Termination. 5.1 The Executive’s employment by 9.1. This Agreement shall be in effect commencing as of the Company commenced on July 20th 2010Commencement Date and shall continue in full force and effect until terminated pursuant to the terms hereof. 5.2 9.2. The ExecutiveEmployee’s employment may be terminated by either party subject party, at any time, pursuant to the delivery of thirty four (304) days months prior written notice by the terminating party (the "Notice Period"). 5.3 9.3. During the Notice Period and unless otherwise determined by the Executive Company the Employee shall continue to perform his duties until the conclusion of the Notice Period, and cooperate with the Company in assisting the integration of the person who will assume the Employee's responsibilities. NeverthelessNotwithstanding the aforementioned, the Company shall have the right not to take advantage of the full Notice Period and may terminate the Employee's employment at any time during the Notice Period. In the event of such termination, the Company shall pay the Executive Employee his Salary and other related benefits (as detailed above) due to him hereunder as he would have been entitled to receive for the remainder remaining period of the Notice Period (as payment in lieu of prior notice period)Period. 9.4. It is hereby expressly stated that the Company reserves the right to terminate the ExecutiveEmployee’s employment at any time during the Notice Period, regardless of whether notice of termination of employment was delivered by the Company or whether such notice was delivered by the ExecutiveEmployee. In the latter case such termination shall not constitute a dismissal of the Executive Employee by the Company. 5.4 Notwithstanding 9.5. Without derogating from the Company’s rights under this Agreement and according to law, and notwithstanding the foregoing, the Company may terminate the Executive’s Employee's employment immediately without the delivery of a prior written noticenotice and/or payment for Notice Period, in the event of termination under circumstances which deprive a Cause (as defined below and subject to any applicable law) and the Executive of severance pay under Israeli law, and/or a breach of trust, and/or the Executive’s breach employment relationship shall be deemed effectively terminated as of the terms and conditions time of Section 18 of this Agreement all at the discretion of the Company. 5.5 In the event that the Executive terminates his employment with the Company, for any reason, without the delivery of a written notice in accordance with Section 5.2 above, or without the completion of the Notice Period or any part thereof, the Company will be entitled to deduct from any debt which it may owe the Executive an amount equal to the salary that would have been paid to the Executive during the Notice Period, had he workedsuch notice. 5.6 The Executive undertakes that immediately upon the termination of his employment with the Company, for any reason, he shall act as follows: 5.6.1 He shall deliver and/or return to the Company all the documents, diskettes or other magnetic media, letters, notes, reports and other papers in his possession and relating to his employment with the Company and the fulfillment of his duties, as well as any equipment and/or other property belonging to the Company which was placed at his disposal, including any Company car, computer equipment, telephone equipment, Executive ID badge or other equipment; 5.6.2 He shall delete any information relating to the Company or its business from his personal computer, if any; and 5.6.3 He shall coordinate the termination of his employment with his supervisors, and he shall transfer in an orderly fashion and in accordance with Company procedures and in accordance with the timetable determined by his supervisors, all documents and information and all matters with which he dealt, to whomever the Company instructs, all in a manner satisfactory to the Company.

Appears in 1 contract

Samples: Personal Employment Agreement (Ormat Technologies, Inc.)

Employment Term and Termination. 5.1 The Executive’s employment by the Company commenced on July 20th 2010April 1, 2015 (such date, the “Commencement Date”) and continued through March 31, 2018 pursuant to the Prior Agreement. The Company hereby recognizes all of the Executive’s rights that have accrued pursuant to the Prior Agreement. The Executive’s employment under this Agreement shall commence on the Effective Date and end on the third anniversary of the Effective Date (the “Initial Term”), provided, however, that the period of the Executive’s employment pursuant to this Agreement shall be automatically extended for successive one-year periods thereafter (each, a “Renewal Term”), in each case unless either party hereto provides the other party hereto with written notice that such period shall not be so extended at least one hundred and twenty (120) days in advance of the expiration of the Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term”). The Executive’s period of employment pursuant to this Agreement shall hereinafter be referred to as the “Employment Period. 5.2 The Executive’s employment may be terminated only after the Initial Term by either party subject to the delivery of thirty (30) days prior a written notice by the terminating party (the “Notice Period”). The Notice Period will be as set forth in Exhibit A. In case that the employment relationship is terminated by the Company, other than for Cause, the Executive shall be entitled to his Salary and all other fringe benefits (including bonuses as detailed in the Agreement) until the completion of the Term. 5.3 During the Notice Period Period, the Executive shall continue to perform his duties until the conclusion of the Notice Period. Nevertheless, the Company shall have be entitled, but not obligated, at any time prior to the right not to take advantage expiration of the full Notice Period. In , at its sole discretion: (i) to waive the event Executive’s actual work during the Notice Period, or to reduce the scope of such terminationthe Executive’s work hours, the Company shall while continuing to pay the Executive his Salary regular payments and benefits until the completion of the Notice Period; or (ii) terminate this Agreement and the employment relationship, at any time prior to the expiration of the Notice Period, and pay a cash equivalent to his salary for the remainder of the Notice Period (as a payment in lieu of prior notice period)in accordance with applicable law. It is hereby expressly stated that the Company reserves the right to terminate the Executive’s employment at any time during the Notice Period, regardless of whether notice of termination of employment was delivered by the Company or whether such notice was delivered by the Executive. In the latter case case, such termination shall not constitute a dismissal of the Executive by the Company. Notwithstanding the foregoing, the Executive may resign for “Good Reason” in the event the Company breaches this Agreement which shall include any (i) material reduction in salary, bonus or benefits, (ii) any assignment to Executive of duties materially inconsistent with his position, (iii) resignation due to sickness that entitles the Executive to severance pay in accordance with Section 6 to the Severance Pay Law, (iv) a material adverse change in the reporting structure applicable to Executive without his consent, such that the title or position of the person or entity to whom the Executive reports is materially reduced from the prior title or position resulting in a material reduction in status or position to the Executive; (v) any material diminution in Executive’s duties, responsibilities or authority, which remains uncured for a period of more than thirty (30) days after written notice of such breach and of Executive’s intention to terminate his employment for “Good Reason” if such breach is not remedied or (vi) any other circumstance that entitles employees to resign under Section 11(a) of Severance Pay Law which remains uncured for a period of more than thirty (30) days after written notice of such breach and of Executive’s intention to terminate his employment for “Good Reason” if such breach is not remedied . If the Executive terminates his employment as provided herein, then such termination shall be effective immediately without any need to provide a prior notice. Additionally, in case of resignation for “Good Reason” the Executive shall be entitled to his Salary and all other fringe benefits (including bonuses as detailed in the Agreement) until the completion of the Term. 5.4 Notwithstanding the foregoing, the Company may terminate the Executive’s employment without hereunder for Cause at any time during the delivery of prior written notice, in the event of termination under circumstances which deprive the Executive of severance pay under Israeli law, and/or a breach of trust, and/or the Executive’s breach of the terms Term and conditions of Section 18 of this Agreement all at the discretion of the Company. 5.5 In the event that the Executive terminates his employment with the Company, for any reason, without the delivery of a prior written notice or payment of any compensation or benefits. “Cause” shall mean the Executive’s having engaged in accordance with Section 5.2 above, or without the completion any of the Notice Period or any part thereof, the Company will be entitled to deduct from any debt which it may owe the Executive an amount equal to the salary that would have been paid to the Executive during the Notice Period, had he worked. 5.6 The Executive undertakes that immediately upon the termination of his employment with the Company, for any reason, he shall act as followsfollowing: 5.6.1 He shall deliver and/or return to the Company all the documents, diskettes or other magnetic media, letters, notes, reports and other papers in his possession and relating to his employment with the Company and the fulfillment of his duties, as well as any equipment and/or other property belonging to the Company which was placed at his disposal, including any Company car, computer equipment, telephone equipment, Executive ID badge or other equipment; 5.6.2 He shall delete any information relating to the Company or its business from his personal computer, if any; and 5.6.3 He shall coordinate the termination of his employment with his supervisors, and he shall transfer in an orderly fashion and in accordance with Company procedures and in accordance with the timetable determined by his supervisors, all documents and information and all matters with which he dealt, to whomever the Company instructs, all in a manner satisfactory to the Company.

Appears in 1 contract

Samples: Employment Agreement (Wize Pharma, Inc.)

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Employment Term and Termination. 5.1 The Executive’s employment by 10.1. This Agreement shall be in effect commencing as of the Company commenced on July 20th 2010Effective Date and shall continue in full force and effect for an undefined period, unless and until terminated as hereinafter provided. 5.2 The Executive’s employment 10.2. This Agreement may be terminated by either party subject party, at any time and for any reason, pursuant to the delivery of thirty (30) days a 90 day prior written notice by the terminating party (the “Notice Period”). 5.3 10.3. During the Notice Period and unless otherwise determined by the Executive Company the Employee shall continue to perform his duties until the conclusion of the Notice Period, and cooperate with the Company in assisting the integration of the person who will assume the Employee’s responsibilities. NeverthelessNotwithstanding the aforementioned, the Company shall have the right not to take advantage of the full Notice Period and may terminate the Employee’s employment at any time during the Notice Period. In the event of such termination, the Company shall pay the Executive Employee his Salary for the remainder of the Notice Period (as payment in lieu of prior notice period)Period. 10.4. It is hereby expressly stated that the Company reserves the right to terminate the ExecutiveEmployee’s employment at any time during the Notice Period, regardless of whether notice of termination of employment was delivered by the Company or whether such notice was delivered by the ExecutiveEmployee. In the latter case such termination shall not constitute a dismissal of the Executive Employee by the Company. 5.4 Notwithstanding 10.5. Without derogating from the Company’s rights under this Agreement and according to law, and notwithstanding the foregoing, the Company may terminate the ExecutiveEmployee’s employment immediately without the delivery of a prior written noticenotice and/or payment for Notice Period, in the event of termination under circumstances which deprive “Cause” (as defined below and subject to any applicable law) and the Executive of severance pay under Israeli law, and/or a breach of trust, and/or the Executive’s breach employment relationship shall be deemed effectively terminated as of the terms and conditions time of Section 18 of this Agreement all at the discretion of the Company. 5.5 In the event that the Executive terminates his employment with the Company, for any reason, without the delivery of a written notice in accordance with Section 5.2 above, or without the completion of the Notice Period or any part thereof, the Company will be entitled to deduct from any debt which it may owe the Executive an amount equal to the salary that would have been paid to the Executive during the Notice Period, had he workedsuch notice. 5.6 The Executive undertakes that immediately upon the termination of his employment with the Company, for any reason, he shall act as follows: 5.6.1 He shall deliver and/or return to the Company all the documents, diskettes or other magnetic media, letters, notes, reports and other papers in his possession and relating to his employment with the Company and the fulfillment of his duties, as well as any equipment and/or other property belonging to the Company which was placed at his disposal, including any Company car, computer equipment, telephone equipment, Executive ID badge or other equipment; 5.6.2 He shall delete any information relating to the Company or its business from his personal computer, if any; and 5.6.3 He shall coordinate the termination of his employment with his supervisors, and he shall transfer in an orderly fashion and in accordance with Company procedures and in accordance with the timetable determined by his supervisors, all documents and information and all matters with which he dealt, to whomever the Company instructs, all in a manner satisfactory to the Company.

Appears in 1 contract

Samples: Employment Agreement (Enlivex Therapeutics Ltd.)

Employment Term and Termination. 5.1 9.1. The ExecutiveEmployee’s employment by the Company commenced will commence on July 20th 2010April 1st, 2021(the “Commencement Date”), and shall continue in full force and effect until terminated pursuant to the terms hereof. 5.2 9.2. The ExecutiveEmployee’s employment may be terminated by either party subject of the parties hereto, at any time and for any reason, pursuant to the delivery of thirty (30) days a prior written notice by of sixty (60) days in advance to the terminating other party (the “Notice Period”(. For avoidance of doubt, it is hereby clarified that there shall be no Notice Period if the Company terminated the Employee for a Justifiable Cause (as defined below). 5.3 9.3. During the Notice Period the Executive Employee shall continue to perform his duties until the conclusion of the Notice Period, and cooperate with the Company in assisting the integration of the person who will assume the Employee’s responsibilities. NeverthelessNotwithstanding the foregoing, the Company shall have the right not to take advantage of the full Notice Period and may terminate the Employee’s employment at any time during the Notice Period. In the event of such termination, the Company shall pay the Executive Employee his Salary for the remainder of the Notice Period (as payment in lieu of prior notice period)Period. 9.4. It is hereby expressly stated that the Company reserves the right to terminate the ExecutiveEmployee’s employment at any time during the Notice Period, regardless of whether notice of termination of employment was delivered by the Company or whether such notice was delivered by the ExecutiveEmployee. In the latter case such termination shall not constitute a dismissal of the Executive Employee by the Company. In the event of such termination, the Company shall pay the Employee his Salary for the remainder of the Notice Period. 5.4 Notwithstanding 9.5. Without derogating from the Company’s rights under this Agreement and according to law, and notwithstanding the foregoing, the Company may terminate the ExecutiveEmployee’s employment immediately without the delivery of a prior written noticenotice and/or payment for Notice Period, in the event of termination under circumstances which deprive a Justifiable Cause (as defined below and subject to any applicable law) and the Executive of severance pay under Israeli law, and/or a breach of trust, and/or the Executive’s breach employment relationship shall be deemed effectively terminated as of the terms and conditions time of Section 18 of this Agreement all at the discretion of the Company. 5.5 In the event that the Executive terminates his employment with the Company, for any reason, without the delivery of a written notice in accordance with Section 5.2 above, or without the completion of the Notice Period or any part thereof, the Company will be entitled to deduct from any debt which it may owe the Executive an amount equal to the salary that would have been paid to the Executive during the Notice Period, had he workedsuch notice. 5.6 The Executive undertakes that immediately upon the termination of his employment with the Company, for any reason, he shall act as follows: 5.6.1 He shall deliver and/or return to the Company all the documents, diskettes or other magnetic media, letters, notes, reports and other papers in his possession and relating to his employment with the Company and the fulfillment of his duties, as well as any equipment and/or other property belonging to the Company which was placed at his disposal, including any Company car, computer equipment, telephone equipment, Executive ID badge or other equipment; 5.6.2 He shall delete any information relating to the Company or its business from his personal computer, if any; and 5.6.3 He shall coordinate the termination of his employment with his supervisors, and he shall transfer in an orderly fashion and in accordance with Company procedures and in accordance with the timetable determined by his supervisors, all documents and information and all matters with which he dealt, to whomever the Company instructs, all in a manner satisfactory to the Company.

Appears in 1 contract

Samples: Personal Employment Agreement (Marpai, Inc.)

Employment Term and Termination. 5.1 The Executive’s employment by 9.1. This Agreement shall be in effect commencing as of the Company commenced on July 20th 2010Commencement Date and shall continue in full force and effect until terminated pursuant to the terms hereof. 5.2 9.2. The ExecutiveEmployee’s employment may be terminated by either party subject party, at any time, pursuant to the delivery of thirty (30) a prior notice of 90 days prior written notice by the terminating party (the “Notice Period”). 5.3 9.3. During the Notice Period and unless otherwise determined by the Executive Company the Employee shall continue to perform his duties until the conclusion of the Notice Period, and cooperate with the Company in assisting the integration of the person who will assume the Employee’s responsibilities. NeverthelessNotwithstanding the aforementioned, the Company shall have the right not to take advantage of the full Notice Period and may terminate the Employee’s employment at any time during the Notice Period. In the event of such termination, the Company shall pay the Executive Employee his Salary salary for the remainder of the Notice Period (as payment in lieu of prior notice period)Period. 9.4. It is hereby expressly stated that the Company reserves the right to terminate the ExecutiveEmployee’s employment at any time during the Notice Period, regardless of whether notice of termination of employment was delivered by the Company or whether such notice was delivered by the ExecutiveEmployee. In the latter case such termination shall not constitute a dismissal of the Executive Employee by the Company. 5.4 Notwithstanding 9.5. Without derogating from the Company’s rights under this Agreement and according to law, and notwithstanding the foregoing, the Company may terminate the ExecutiveEmployee’s employment immediately without the delivery of a prior written noticenotice and/or payment for Notice Period, in the event of termination under circumstances which deprive a Cause (as defined below and subject to any applicable law) and the Executive employment relationship shall be deemed effectively terminated as of severance pay under Israeli law, and/or the time of delivery of such notice. The term “Cause” shall mean (a) a breach of trust, and/or fiduciary obligations or duties of care, including but not limited to, theft, embezzlement, self-dealing, prohibited disclosure to unauthorized persons or entities of confidential or proprietary information of or relating to the ExecutiveCompany, its business, and its subsidiaries, affiliates or associated entities; (b) conviction of the Employee in a crime or felony involving moral turpitude or any crime involving fraud; (c) the Employee’s serious intentional misconduct which adversely affects the Company; (d) an intentional and willful action taken by the Employee harming the Company or any of its subsidiaries, affiliates or associated entities; (e) any material breach of the terms Statement of Undertaking - Confidentiality, Non- Compete and conditions of Section 18 of this Agreement all at Intellectual Property attached hereto as Appendix A by the discretion Employee; and (f) any other act or omission that constitutes “cause” under the laws of the CompanyState of Israel or that do not entitle the Employee to severance payments under the applicable law. 5.5 In the event that the Executive terminates his employment with the Company, for any reason, without the delivery of a written notice in accordance with Section 5.2 above, or without the completion of the Notice Period or any part thereof, the Company will be entitled to deduct from any debt which it may owe the Executive an amount equal to the salary that would have been paid to the Executive during the Notice Period, had he worked. 5.6 The Executive undertakes that immediately upon the termination of his employment with the Company, for any reason, he shall act as follows: 5.6.1 He shall deliver and/or return to the Company all the documents, diskettes or other magnetic media, letters, notes, reports and other papers in his possession and relating to his employment with the Company and the fulfillment of his duties, as well as any equipment and/or other property belonging to the Company which was placed at his disposal, including any Company car, computer equipment, telephone equipment, Executive ID badge or other equipment; 5.6.2 He shall delete any information relating to the Company or its business from his personal computer, if any; and 5.6.3 He shall coordinate the termination of his employment with his supervisors, and he shall transfer in an orderly fashion and in accordance with Company procedures and in accordance with the timetable determined by his supervisors, all documents and information and all matters with which he dealt, to whomever the Company instructs, all in a manner satisfactory to the Company.

Appears in 1 contract

Samples: Personal Employment Agreement (Eviation Aircraft Ltd.)

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