Events Triggering Termination. At the written election of Employer in its sole discretion, this Agreement shall terminate immediately, effective upon the occurrence of any one of the following events: (a) Employee's conviction of a felony or other crime involving moral turpitude; (b) After reasonable written notice, warning and opportunity to cure, Employee's continuing material breach of or failure to perform his obligations hereunder, continuing failure by Employee to abide by, conform with or otherwise observe any material written policy of Employer, or the continuing failure to conform to the reasonable directives of the Board of Directors of Employer; (c) The death of Employee; (d) The disability of Employee. Employee shall be deemed disabled if the Employee shall become incapacitated by reason of sickness, accident or other physical or mental disability and shall for a period of sixty (60) consecutive days be unable to perform his normal duties hereunder, with or without reasonable accommodation by Employer. In the event that Employee's employment is terminated by Employer pursuant to Sections 3.1(a), 3.1(b), or 3.1(c), Employer shall promptly pay to Employee (or in the event that such termination is pursuant to Section 3.1(c), to Employee's estate or other legal representative) the annual base salary provided for in Section 4.1 accrued to the date of Employee's termination and not theretofore paid to Employee. Rights and benefits of Employee under the benefits plans and programs of Employer shall be determined in accordance with the terms of such plans and programs.
Appears in 2 contracts
Samples: Employment Agreement (Teraglobal Communications Corp), Employment Agreement (Teraglobal Communications Corp)
Events Triggering Termination. At the written election of Employer in its sole discretion, this Agreement shall terminate immediately, effective upon the occurrence of any one of the following events:
(a) Employee's conviction of a felony or other crime involving moral turpitude;
(b) After reasonable written notice, warning and opportunity to cure, Employee's continuing material breach of or failure to perform his obligations hereunder, continuing failure by Employee to abide by, conform with or otherwise observe any material written policy of Employer, or the continuing failure to conform to the reasonable directives of the Board of Directors of Employer;
(c) The death of Employee;
(d) The total and permanent disability of Employee. Employee shall be deemed totally and permanently disabled if the Employee shall become incapacitated by reason of sickness, accident or other physical or mental disability and shall for a period of sixty thirty (6030) consecutive days be unable to perform his normal duties hereunder, with or without reasonable accommodation by Employer; or
(e) The sixty-fifth birthday of Employee. In the event that Employee's employment is terminated by Employer pursuant to Sections 3.1(a4.1(a), 3.1(b4.1(b), 4.1(c), or 3.1(c)4.1(e) hereof, Employer shall promptly pay to Employee (or in the event that such termination is pursuant to Section 3.1(c4.1(c), to Employee's estate or other legal representative) the annual base salary provided for in Section 4.1 5.1 accrued to the date of Employee's termination and not theretofore paid to Employee. Rights and benefits of Employee under the benefits plans and programs of Employer shall be determined in accordance with the terms of such plans and programs.
Appears in 2 contracts
Samples: Employment Agreement (Power Ten), Employment Agreement (Power Ten)
Events Triggering Termination. At the written election of Employer in its sole discretion, this Agreement shall terminate immediately, effective upon the occurrence of any one of the following events:
(a) Employee's conviction of a felony or other crime involving moral turpitude;
(b) After reasonable written notice, warning and opportunity to cure, Employee's continuing material breach of or failure to perform his obligations hereunder, continuing failure by Employee to abide by, conform with or otherwise observe any material written policy of Employer, or the continuing failure to conform to the reasonable directives of the Board of Directors of Employer;
(c) The death of Employee;
(d) The disability of Employee. Employee shall be deemed totally and permanently disabled if the Employee shall become incapacitated by reason of sickness, accident or other physical or mental disability and shall for a period of sixty (60) consecutive days be unable to perform his normal duties hereunder, with or without reasonable accommodation by Employer. In the event that Employee's employment is terminated by Employer pursuant to Sections 3.1(a), 3.1(b), or 3.1(c), Employer shall promptly pay to Employee (or in the event that such termination is pursuant to Section 3.1(c), to Employee's estate or other legal representative) the annual base salary provided for in Section 4.1 accrued to the date of Employee's termination and not theretofore paid to Employee. Rights and benefits of Employee under the benefits plans and programs of Employer shall be determined in accordance with the terms of such plans and programs.
Appears in 1 contract
Samples: Employment Agreement (Teraglobal Communications Corp)
Events Triggering Termination. At the written election of the Employer in its sole discretion, this Agreement shall terminate immediately, effective upon the occurrence of any one of the following events:
(a) Employee's conviction of a felony or other crime involving moral turpitude;
(b) After reasonable written notice, warning and opportunity to cure, Employee's continuing material breach of or failure to perform his obligations hereunder, continuing failure by Employee to abide by, conform with or otherwise observe any material written policy of Employer, or the continuing failure to conform to the reasonable directives of the Board of Directors of or Employer;
(c) The death of Employee;
(d) The disability of Employee. Employee shall be deemed totally and permanently disabled if the Employee shall become incapacitated by reason of sickness, accident or other physical or mental disability and shall for a period of sixty (60) consecutive days be unable to perform his normal duties hereunder, with or without reasonable accommodation by Employer. In the event that Employee's employment is terminated by Employer pursuant to Sections 3.1(a3.2(a), 3.1(b3.2(b), or 3.1(c3.2(c), Employer shall promptly pay to Employee (or in the event that such termination is pursuant to Section 3.1(c)3.2[c], to Employee's estate or other legal representative) the annual base salary provided for in Section 4.1 2.1 accrued to the date of Employee's termination and not theretofore paid to Employee. Rights and benefits of Employee under the benefits plans and programs of Employer shall be determined in accordance with the terms of such plans and programs.
Appears in 1 contract
Samples: Employment Agreement (Teraglobal Communications Corp)