Common use of Executive’s Right to Terminate Clause in Contracts

Executive’s Right to Terminate. Notwithstanding the provisions of Section 3.1, Executive shall have the right to terminate Executive’s employment and this Agreement during the Term for Good Reason or for any other reason whatsoever or for no reason at all, in the sole discretion of Executive, by providing the Company with a Notice of Termination. In the case of a termination of employment by Executive without Good Reason, the Date of Termination specified in the Notice of Termination shall not be less than 90 days from the date such Notice of Termination is provided, and the Company may require a Date of Termination earlier than that specified in the Notice of Termination (and, if such earlier Date of Termination is so required by the Company, that shall be the “Date of Termination” as defined in Section 1.1, and it shall not otherwise change the basis for Executive’s termination nor be construed or interpreted as a termination of employment pursuant to Section 3.1 or Section 3.2). In the event Executive intends to terminate employment with the Company for Good Reason because the Company failed to cure the event described in the Notice of Breach within 30 days of receipt of the Notice of Breach, the Notice of Breach shall automatically be deemed a Notice of Termination, effective immediately upon the expiration of the cure period described in Section 1.11. If Executive fails to provide the Company with the requisite Notice of Termination under this Section 3.3, Executive forfeits the right to any contingent future payments under this Agreement.