Common use of For Cause by Employee Clause in Contracts

For Cause by Employee. Employee may at any time during the term hereof terminate this Agreement upon (i) a material breach by the Company of this Agreement on five (5) days prior written notice, or (ii) a Change in Control (as defined below), on the terms described below. In the event that Employee terminates this Agreement pursuant to clause (i) above, then the Company shall pay to Employee within ten (10) days after the date of such termination an amount equal to (A) the Base Salary then payable, but then unpaid, for the full term of this Agreement pursuant to Section 3(a)(i), above; (B) any Incentive Bonus then payable, pursuant to Section 3(a)(ii), above, but unpaid, and (C) any amount due to Employee as of the date of such termination including as reimbursement of expenses under Section 3(d), above; and (ii) within sixty (60) days after the end of the Year in which Employee was terminated, if the Budgeted Net Earnings are met for the Year in question, an amount equal to the Incentive Bonus pursuant to Section 3(a)(ii), above, which Employee would have been payable to Employee for the Year during which Employee's employment terminated had Employee been employed by the Company on the last day of that Year.

For Cause by Employee. Employee may at any time during the term hereof hereof, terminate this Agreement upon the occurrence of any of the following events: (i) a material breach by the Company of this Agreement on five (5) days prior written notice, or (ii) a "Change in Control Control" of Xxxxxxx (as defined below), on subject to the terms described belowof this Section 5(d). In the event that Employee terminates this Agreement pursuant to clause (i) above, then the Company shall pay to Employee (A) within ten (10) days after the date of receipt by Company of such termination written notice advising the Company of Employee's decision to terminate, an amount equal to (A) the Base Salary then payable, but then unpaid, for the full term of this Agreement pursuant to Section 3(a)(i), above; (B) any within sixty (60) days after the end of the Year in which Employee terminates, if the Budgeted Net Earnings for Company and / or Xxxxxxx are met or exceeded for the Year in question, an amount of Incentive Bonus then payable, pursuant to Section 3(a)(ii), ) above, but unpaidcalculated on a pro-rata basis to the date of termination, and (C) within ten (10) days after the date of receipt by Company of such written notice, any amount due to Employee as of the date of such termination including as reimbursement of expenses under Section 3(d), above; and (ii) within sixty (60) days after the end of the Year in which Employee was terminated, if the Budgeted Net Earnings are met for the Year in question, an amount equal to the Incentive Bonus pursuant to Average Bonus, as defined in Section 3(a)(ii5(e), abovebelow, for each full Year during the remainder of the Term of this Agreement which Employee would have been payable to Employee occurred in the absence of such termination and a ratable portion thereof for the Year during which Employee's employment terminated had Employee been employed by the Company on the last day of that any partial Year.

For Cause by Employee. Employee may at any time during the term hereof hereof, without any prior notice, terminate this Agreement upon the occurrence of any of the following events: (i) a material breach by the Company of this Agreement on five (5) days prior written notice, or (ii) a ""Change in Control Control"" of the Company (as defined below), on subject to the terms described belowof this Section 5(d). In the event that Employee terminates this Agreement pursuant to clause (i) above, then the Company shall pay to Employee within ten (10) days after the date of such termination an amount equal to (A) the Base Salary then payable, but then unpaid, for the full term of this Agreement pursuant to Section 3(a)(i), above; (B) any Incentive Bonus then payable, pursuant to Section 3(a)(ii), aboveabove (including the amount that would have been payable after the end of the Year in question), but unpaid, and (C) any amount due to Employee as of the date of such termination including as reimbursement of expenses under Section 3(d), above; and (iiD) within sixty (60) days after the end of the Year in which Employee was terminated, if the Budgeted Net Earnings are met for the Year in question, an amount equal to the Incentive Bonus pursuant to Average Bonus, as defined in Section 3(a)(ii5(e), abovebelow, for each full Year during the remainder of the term of this Agreement which Employee would have been payable to Employee occurred in the absence of such termination and a ratable portion thereof for the Year during which Employee's employment terminated had Employee been employed by the Company on the last day of that any partial Year.