ENTITLEMENT TO CHANGE IN CONTROL BENEFITS. The Executive shall be entitled to the Change in Control Benefits described in Section 3 hereof if the Executive’s engagement by the Company is terminated during the Agreement Term but after a Change in Control (i) by the Company for any reason other than Permanent Disability or Cause, (ii) by the Executive for Good Reason or (iii) by the Executive for any reason during the 30-day period commencing on the first date which is six months after the date of the Change in Control. For purposes of this Agreement: (a) A termination of the Executive’s engagement shall be treated as a termination by reason of “Permanent Disability” only if, due to a mental or physical disability, the Executive is absent from the performance of services for the Company for a period of at least twelve consecutive months and fails to return to the performance of services within 30 days after receipt of a written demand by the Company to do so.
Appears in 10 contracts
Samples: Engagement Agreement (Gammon Gold Inc.), Engagement Agreement (Gammon Gold Inc.), Engagement Agreement (Capital Gold Corp)
ENTITLEMENT TO CHANGE IN CONTROL BENEFITS. The Executive shall be entitled to the Change in Control Benefits described in Section 3 hereof if the Executive’s engagement 's employment by the Company is terminated during the Agreement Term but after a Change in Control (i) by the Company for any reason other than Permanent Disability or Cause, (ii) by the Executive for Good Reason or (iii) by the Executive for any reason during the 30-day period commencing on the first date which is six months after the date of the Change in Control. For purposes of this Agreement:
: (a) A termination of the Executive’s engagement 's employment shall be treated as a termination by reason of “"Permanent Disability” " only if, due to a mental or physical disability, the Executive is absent from the full time performance of services for duties with the Company for a period of at least twelve consecutive months and fails to return to the full time performance of services duties within 30 days after receipt of a written demand by the Company to do so.
Appears in 1 contract
Samples: Change in Control Agreement (Hemispherx Biopharma Inc)