Garden Leave. Following the provision of a Notice of Termination either by the Company or by the Executive, the Company may direct, in its sole and exclusive discretion, that the Executive perform no duties, exercise no powers and resign from any office held in connection with his employment with the Company or its Affiliates; provided, however, that, following any such direction, the Executive will continue to be required to comply with his other obligations under this Agreement (and will continue to have a duty of loyalty to the Company as an employee) through the end of the Employment Period.
Garden Leave. At any time after notice to terminate the Employment is given by either party, or if the Executive resigns without giving due notice and the Employer does not accept the Executive’s resignation, the Employer may require the Executive to take a period of absence called garden leave (the “Garden Leave Period”). The Garden Leave Period shall last for such period or periods of the notice period as the Employer shall in its absolute discretion determine. The provisions of Clause 9.2 to Clause 9.8 apply to any Garden Leave Period.
Garden Leave. 17.1 Despite any other provision in this agreement, the Company is under no obligation to provide the Executive with work and the Company may at any time if either party serves notice to terminate the Appointment or if the Executive purports to terminate the Appointment without due notice and the Company has not accepted that resignation in its absolute discretion require the Executive to perform no duties whatsoever and may at any time exclude the Executive from his place or work and/or from any premises of any Group Company, in each case for such period and, subject to clause 6 (Place of Work), at such place or places (including without limitation the Executive’s home) as the Company in its absolute discretion may decide provided that in no event shall the period be greater than six months.
17.2 If the Executive serves notice to terminate the Appointment as a result of any material diminution by the Company of the Executive’s role, duties or functions the Executive may elect to perform no duties whatsoever (except that the Executive shall agree to perform such duties, projects or tasks as may be reasonably assigned to him) for such period as the Executive may determine, provided that such period shall not exceed six months. In such event, the Company may at any time during such period exclude the Executive from his place or work and/or from any premises of any Group Company, in each case for such period and, subject to clause 6 (Place of Work), at such place or places (including without limitation the Executive’s home) as the Company in its absolute discretion may decide provided that in no event shall the period be greater than six months.
17.3 During any period in which the Company exercises its rights under clause 17.1 or the Executive exercises his rights under clause 17.2 (“Garden Leave”) the Executive shall:
(a) remain an employee of the Company and continue to be bound by the terms of this agreement and the express and implied terms of his employment, including without limitation, by the duties of fidelity and good faith owed to the Company, the provisions of clauses 13 (Outside Interests) and 20 (Confidential Information);
(b) if the Board so requests immediately resign without claim for compensation from all Offices held in the Group or which he may hold as nominee of the Group and membership of any organisation and any Office in any other company acquired by reason of or in connection with the Appointment and the Executive hereby irrevocably ap...
Garden Leave. 20.1 After notice of termination has been given by either party pursuant to clause 18 provided that the Company continues to provide you with your normal Salary and benefits under this Contract until the Appointment terminates, the Company may at its absolute discretion without breaking the terms of this contract or giving rise to any claim against the Company for all or part of your notice period place you on garden leave and:-
20.1.1 exclude you from the premises of the Company and any Group Company; and/or
20.1.2 require you to carry out specified duties other than your normal duties or to carry out no duties; and/or
20.1.3 withdraw any powers vested in you; and/or
20.1.4 instruct you not to communicate orally or in writing with suppliers, customers, employees, agents/or representatives of the Company or any Group Company until the Appointment has terminated.
20.2 During any period of garden leave you shall:
20.2.1 continue to receive your Salary and all contractual benefits in the usual way and subject to the terms of any benefit arrangement;
20.2.2 remain an employee of the Company and bound by the terms of your contract of employment with the Company;
20.2.3 not, without the prior written consent of your Manager, attend your place of work or any other premises of the Company or any Group Company;
20.2.4 not, without the prior written consent of your Manager, contact or deal with (or attempt to contact or deal with) any officer, employee, consultant, client, customer, supplier, agent, distributor, shareholder, adviser or other business contact of the Company or any Group Company;
20.2.5 (except during any periods taken as holiday in the usual way) ensure that your Manager knows where you will be and how you can be contacted during each working day and shall comply with any written requests to contact a specified employee of the Company at specified intervals.
Garden Leave. 18.1 Following service of notice to terminate the Appointment by either party, or if the Employee purports to terminate the Appointment in breach of contract, the Board may by written notice place the Employee on Garden Leave for the whole or part of the remainder of the Appointment.
18.2 During any period of Garden Leave:
(a) the Company shall be under no obligation to provide any work to the Employee and may revoke any powers the Employee holds on behalf of the Company or any Group Company;
(b) the Company may require the Employee to carry out alternative duties or to only perform such specific duties as are expressly assigned to the Employee, at such location (including the Employee’s home) as the Company may decide;
(c) the Employee shall continue to receive his basic salary and all contractual benefits in the usual way and subject to the terms of any benefit arrangement;
(d) the Employee shall remain an employee of the Company and bound by the terms of this agreement (including any implied duties of good faith and fidelity);
(e) the Employee shall ensure that the Board of Directors knows where he will be and how he can be contacted during each working day (except during any periods taken as holiday in the usual way);
(f) the Company may exclude the Employee from any premises of the Company or any Group Company; and
(g) the Company may require the Employee not to contact or deal with (or attempt to contact or deal with) any officer, employee, consultant, client, customer, supplier, agent, distributor, shareholder, adviser or other business contact of the Company or any Group Company.
Garden Leave. 23.1 Following service of notice to terminate the employment by either party, or if the Employee purports to terminate the employment in breach of contract, the Company may by written notice place the Employee on Garden Leave for the whole or part of the remainder of the employment.
23.2 During any period of Garden Leave:
23.2.1 the Company shall be under no obligation to provide any work to the Employee and may revoke any powers the Employee holds on behalf of any Group Company;
23.2.2 the Company may require the Employee to carry out alternative duties or to only perform such specific duties as are expressly assigned to the Employee, at such location (including the home of the Employee) as the Board may reasonably decide;
23.2.3 the Company may appoint another person to carry out the Employee’s normal duties;
23.2.4 the Employee shall continue to receive their basic salary (or such other pay as would have been paid had the employee not been put on garden leave such as sick pay) but shall not be entitled to receive any bonus or other incentive in respect of the period of Garden Leave;
23.2.5 the Employee shall remain an employee of the Company and bound by the terms of this Agreement (including any implied duties of good faith and fidelity);
23.2.6 the Employee shall be contactable during each working day (except during any periods taken as holiday in the usual way) and make themselves available to deal with requests for information, to provide assistance, to attend meetings and to advise on matters relating to any Group Company;
23.2.7 the Company may exclude the Employee from any premises of any Group Company, require the Employee to return any Group Company property and remove the Employee’s access from some or all of its information systems;
23.2.8 the Company may require the Employee not to contact or deal with (or attempt to contact or deal with) any officer, employee, consultant, client or other business contact of any Group Company as it may reasonably determine;
23.2.9 the Employee hereby agrees that upon request he/she will take any accrued but untaken holiday; and
23.2.10 the Employee shall provide such assistance as the Company or any Group Company may require to effect an orderly handover of their responsibilities to any individual or individuals appointed by the Company or any Group Company to take over their role or responsibilities.
Garden Leave. 27.1 Following notice to terminate the Employment being given by the Company or the Executive or if the Executive purports to terminate the Employment in breach of contract the Company may by written notice require the Executive not to perform any services (or to perform only specified services) for the Company or for any Group Company for all or part of the applicable notice period required under clause 4.
27.2 During any period of Garden Leave the Executive shall:
27.2.1 continue to receive the Salary and other contractual benefits under this agreement in the usual way and subject to the terms of any benefit arrangements;
27.2.2 remain an employee of the Company and remain bound by his duties and obligations, whether under this agreement or otherwise (including but not limited to his implied duty of fidelity), which shall continue in full force and effect;
27.2.3 not contact or deal with (or attempt to contact or deal with) save in a purely social capacity, any customer, client, Member, guest, supplier, agent, distributor, shareholder, employee, officer, professional adviser or other business contact of the Company or any Group Company without the prior written consent of the Board or the ListCo Board (except the Executive’s manager and those individuals responsible for conducting any disciplinary proceedings relating to the Executive);
27.2.4 not (unless otherwise requested) enter onto the premises of the Company or any Group Company without the prior written consent of the Board or the ListCo Board;
27.2.5 if he wishes to take holiday, agree this in advance with the Board or the ListCo Board;
27.2.6 not commence any other employment or engagement (including taking up any directorships or consultancy services);
27.2.7 not access or procure others to access any Company or Group Company computer system or database;
27.2.8 if he is aware of any work matter within his responsibility that needs to be dealt with, inform the Board or the ListCo Board or any individuals responsible for conducting any disciplinary proceedings relating to him immediately;
27.2.9 provide such assistance as the Company or any Group Company may require to effect an orderly handover of his responsibilities to any individual or individuals appointed by the Company or any Group Company to take over his role or responsibilities;
27.2.10 be available for work (whether of the nature normally performed by the Executive or of a different nature) and make himself available to deal with reque...
Garden Leave. Executive will provide a Notice of Termination to the Company no less than 90 days prior to any termination by him of his employment with the Company effective during the Term of Employment, and the Company will provide a Notice of Termination to Executive no less than 90 days prior to terminating Executive’s employment effective during the Term of Employment (other than a termination for Cause); provided that the Company may elect to terminate the Garden Leave (as defined below) early as described below. During this 90-day notice period (the “Garden Leave”), Executive will (i) continue to make himself available to provide such services as the Company may reasonably request (provided only that such services are reasonably consistent with Executive’s status as a senior executive of the Company) and (ii) continue to receive all payments and benefits to which he would otherwise be entitled, except that (notwithstanding anything in this Agreement or elsewhere to the contrary) in the event of a termination (x) by Executive other than with Good Reason, for Disability, or in a termination to which Section 5(m) applies, or (y) by the Company for Cause, Executive will not be eligible to earn any Annual Cash Bonus with respect to any calendar year that ends after the commencement of the Garden Leave. During the Garden Leave, the Company may require Executive to resign from any position with the Company and/or remove any or all of Executive’s duties or responsibilities, which will not constitute Good Reason or otherwise be deemed a violation of this Agreement. Executive agrees that he will not commence employment with any entity during the Term of Employment (including the Garden Leave). During the Garden Leave, Executive will take all steps reasonably requested by the Company to effect a successful transition of client and customer relationships to the person or persons designated by the Company. Notwithstanding the foregoing, the Company in its sole discretion may waive all or any portion of the Garden Leave by providing written notice to Executive accelerating the last day of the Garden Leave period and the Termination Date (provided that, if the termination of Executive’s employment is on account of termination by the Company without Cause or due to Disability, pay in lieu of notice shall be paid for any remaining portion of the 90-day notice period). For the avoidance of doubt, no such shortening of the Garden Leave will be treated as a termination of Executive’...
Garden Leave. 12.1 Neither the Company nor any Group Company is under any obligation to provide the Executive with any work. At any time after notice to terminate the Employment is given by either party under clause 11 above, or if the Executive resigns without giving due notice and the Company does not accept the resignation, the Company may require the Executive to comply with any or all of the provisions in clauses 12.2 and 12.3 for a maximum period of six months (the “Garden Leave Period”).
12.2 The Executive will not, without prior written consent of the Board, be employed or otherwise engaged in the conduct of any activity, whether or not of a business nature during the Garden Leave Period. Further, the Executive will not, unless requested by the Company:
12.2.1 enter or attend the premises of the Company or any other Group Company; or
12.2.2 contact or have any communication with any customer or client of the Company or any other Group Company in relation to the business of the Company or any other Group Company; or
12.2.3 contact or have any communication with any employee, officer, director, agent or consultant of the Company or any other Group Company in relation to the business of the Company or any other Group Company; or
12.2.4 remain or become involved in any aspect of the business of the Company or any other Group Company except as required by such companies.
12.3 The Company may require the Executive:
12.3.1 to comply with the provisions of clause 15, save that the Executive will not be required to return the Company car until the termination date; and
12.3.2 to immediately resign from any directorship which they hold in the Company, any other Group Company or any other company where such directorship is held as a consequence or requirement of the Employment, unless they are required to perform duties to which any such directorship relates in which case they may retain such directorships while those duties are ongoing. The Executive hereby irrevocably appoints the Company to be the Executive’s attorney to execute any instrument and do anything in the Executive’s name and on the Executive’s behalf to effect their resignation if they fail to do so in accordance with this clause 12.3.2.
Garden Leave. 22.1 At any time after the Executive gives notice to terminate the Employment, the Employer gives notice to terminate the Employment as a result of the Executive’s breach of contract or gross misconduct, or if the Executive resigns without giving due notice and the Company does not accept the Executive’s resignation, the Company may, at its absolute discretion, require the Executive to take a period of absence called garden leave (the “Garden Leave Period”). The provisions of this clause shall apply to any Garden Leave Period.
22.2 The Company may require that the Executive will not, without prior written consent of the Board during the Garden Leave Period:
22.2.1 enter or attend the premises of the Company or any other Group Company; or
22.2.2 contact or have any communication with any customer or client of the Company or any other Group Company in relation to the business of the Company or any other Group Company (other than purely social contact); or
22.2.3 contact or have any communication with any employee, officer, director, agent or consultant of the Company or any other Group Company in relation to the business of the Company or any other Group Company (other than purely social contact); or
22.2.4 remain or become involved in any aspect of the business of the Company or any other Group Company except as required by such companies.
22.3 During the Garden Leave Period the Company may require the Executive:
22.3.1 to comply with the provisions of clause 24, save that the Executive will not be required to return the Car; and
22.3.2 to immediately resign from any directorship, trusteeships or other offices which the Executive holds in the Company, any other Group Company or any other company where such directorship or other office is held as a consequence or requirement of the Employment, unless the Executive is required to perform duties to which any such directorship, trusteeship or other office relates in which case the Executive may retain such directorships, trusteeships or other offices while those duties are ongoing. The Executive hereby irrevocably appoints the Company to be the Executive’s attorney to execute any instrument and do anything in the Executive’s name and on behalf of the Executive to effect the Executive’s resignation if the Executive fails to do so in accordance with this clause 22.3.2.
22.4 During the Garden Leave Period, the Executive will be entitled to receive the Executive’s salary and all contractual benefits in accordance w...
