GARDEN LEAVE AND SUSPENSION Sample Clauses

GARDEN LEAVE AND SUSPENSION. 17.1 The Company shall be under no obligation to vest in or assign to the Executive any powers or duties or to provide any work for the Executive, and may suspend the Executive from the performance of some or all of his duties, and not provide him with any work in the circumstances set out below: (A) during all or any part of the notice period specified in clause 2.1 (whether given by the Company or the Executive) or if the Executive purports to terminate this Agreement without serving the notice period specified in clause 2.1 provided that the Company shall not rely on this clause for a period (or periods in aggregate) exceeding six months ; or (B) in order to investigate any matter in which the Company reasonably believes that the Executive is implicated or involved, and to conduct any related disciplinary proceedings provided that such suspension shall be no longer than is reasonable. 17.2 During any such period of suspension pursuant to clause 17.1 above the Executive: (A) will continue to be bound by the express and implied provisions of this Agreement (in particular clauses 3 and 11); (B) shall remain available to perform any reasonable duty requested by the Company and to shall co-operate generally with the Company to ensure a smooth hand over of his duties. Should the Executive fail to make himself available for work(otherwise than due to approved holiday absence or absence related to illness or incapacity) having been requested (with reasonable prior written notice) by the Company to attend, he shall, notwithstanding any other provision of this Agreement, forfeit his right to Salary and benefits in respect of such period of non-availability; (C) (other than as provided for in clause (B) above), continue to receive the Salary and benefits provided under this Agreement; (D) must not, without the written consent of the Board, go to any premises of the Company or any Associated Company or have any business related contact or dealings with any employee, customer, client or supplier of the Company or any Associated Company; (E) must not directly or indirectly be employed by or retained by or advise or assist any other person or entity in any capacity either paid or unpaid. 17.3 The Executive acknowledges that the demands made by the Company in accordance with the terms of this clause 17 shall not constitute a termination of the Executive’s employment or a breach of contract of any kind whatsoever, nor shall he have any claim against the Company as a con...
AutoNDA by SimpleDocs
GARDEN LEAVE AND SUSPENSION. 12.1 The Company may at any time or from time to time suspend you from the performance of your duties and/or exclude you from any of the premises of the Company or of any other Group Company: (a) during any period of notice or any part of a period of notice as specified in Clauses 11.4 or 11.5; or (b) in circumstances in which the Company reasonably believes that you are guilty of misconduct or are in breach of this Agreement and in order that the circumstances giving rise to that belief may be investigated. 12.2 The Company is not required to give any reason for suspending or excluding you. Your fee will not cease to be payable by reason only of such suspension or exclusion. 12.3 During any period of suspension or exclusion, you will not contact or deal with customers, suppliers or employees of the Company or of any other Group Company or enter onto the premises of the Company or of any Group Company without the prior written consent of the Chief Executive of the Company. 12.4 The provisions of Clause 8.2 shall remain in full force and effect during any period of suspension under this Clause 12. You will also continue to be bound by duties of good faith and fidelity to the Company during any period of suspension under this Clause 12.
GARDEN LEAVE AND SUSPENSION. The Company may at any time or from time to time suspend you from the performance of your duties and/or exclude you from any of the premises of the Company or of any other Group Company:
GARDEN LEAVE AND SUSPENSION. 16.1 The Company may suspend the Executive for a reasonable period on full pay for the purpose of investigating the substance of any potential disciplinary matter involving the Executive and holding a disciplinary hearing. The Executive must not during any period of suspension, without the written consent of the Company, go to any premises of the Company or any Associated Company or contact or deal with any employee, customer, client or supplier of the Company or any Associated Company. 16.2 Where either the Company or the Executive gives notice to terminate this Appointment, the Company may require the Executive to cease to perform all or part his duties under this Agreement and/or not to attend at the Company’s premises during all or any part of the notice period as the Company so decides. The Company may require the Executive during part or all of such period to perform part but not all of his normal duties or to perform duties different from his normal duties, including carrying out specific projects to tasks (but not being duties inappropriate to his status). The Executive shall comply with any other reasonable instructions and conditions imposed by the Company during such period.
GARDEN LEAVE AND SUSPENSION. 23.1 The Employer may: (a) where notice of termination has been served by the Employer or by you, exclude you from any premises of the Employer and any Associated Employer for the notice period or remainder of the notice period. During the period of any such exclusion, you will remain an employee of the Employer, continue to receive the salary and benefits provided to you in the course of your employment under this Agreement (but not any bonus or long term incentives) and remain bound by all the terms of your employment under this Agreement; or (b) suspend you from the performance of any of your duties during any period in which the Employer is carrying out an investigation into any of your alleged acts or defaults. 23.2 You must not during any period of exclusion or suspension pursuant to clause 23.1 without the prior written consent of the Employer speak to or otherwise communicate with any director or employee of the Employer or any Associated Employer or any client, customer or supplier of the Employer or any Associated Employer except in any ordinary social context. 23.3 During any period of exclusion or suspension pursuant to clause 23.1 you must, if requested by the Employer, take any holiday that has accrued on such day or days as the Employer may specify.
GARDEN LEAVE AND SUSPENSION. During any period of notice given by either party pursuant to clause 2.3, the following will apply: 17.1 the Company will be under no obligation to allow the Executive to exercise any powers or duties or to provide work for the Executive; 17.2 the Company may, in its discretion, suspend the Executive including, without limitation, requiring the Executive not to contact any customers clients suppliers or employees of the Company or any Group Company; 17.3 the Company may, in its discretion, exclude the Executive from any premises of the Company or any Group Company; 17.4 the Company may, in its discretion, require the Executive to resign from any office in the Company and any Group Company; 17.5 the Executive will continue to be entitled to salary and benefits; and 17.6 the Executive will remain an employee of the Company and will continue to comply with all obligations so far as reasonably practicable.
GARDEN LEAVE AND SUSPENSION. 16.1 During any period of notice given by either party pursuant to clause 2.3 or during the six months prior to the expiry of the fixed term referred to in clause 2.3, the following will apply: 16.1.1 the Company will be under no obligation to allow the Executive to exercise any powers or duties or to provide work for the Executive; 16.1.2 the Company may, in its discretion, suspend the Executive including, without limitation, requiring the Executive not to contact any customers, clients, suppliers or employees of the Company or any Group Company; 16.1.3 the Company may, in its discretion, exclude the Executive from any premises of the Company or any Group Company; 16.1.4 the Company may, in its discretion, require the Executive to resign from any office in the Company and any Group Company; 16.1.5 the Executive will continue to be entitled to salary and benefits; and 16.1.6 the Executive will remain an employee of the Company and will continue to comply with all obligations so far as reasonably practicable.
AutoNDA by SimpleDocs
GARDEN LEAVE AND SUSPENSION. 16.1 The Company shall be under no obligation to vest in or assign to the Executive any powers or duties or to provide any work for the Executive, and the Company may at any time or from time to time during any period of notice (whether given by the Company or the Executive) or in circumstances in which it reasonably believes that the Executive is guilty of misconduct or in breach of this Agreement in order that the circumstances giving rise to that belief may be investigated suspend the Executive from the performance of his duties or exclude him from any premises of the Company and need not give any reason for so doing. Salary and benefits will not, subject to clause 16.6, cease to be payable by reason only of such suspension or exclusion and such suspension or exclusion can not extend for more than 12 months. During any period of suspension the Executive will continue to be bound by the provisions of this Agreement and must continue at all times to conduct himself with good faith towards the Company and not do anything that is harmful to the Company. 16.2 The Executive must not during any period of suspension, without the written consent of the Company go to any premises of the Company or any Associated Company or contact or deal with any employee, customer, client or supplier of the Company or any Associated Company. 16.3 The Executive must not during any period of suspension directly or indirectly be employed by or retained by or advise or assist any other person or entity in any capacity either paid or unpaid. 16.4 The Company may require the Executive to resign from office as a director of the Company or any Associated Company during any period of suspension and the Executive must resign as soon as reasonably practicable after any such request is made. 16.5 The Executive hereby irrevocably appoints the Company to execute any instrument and do anything in his name and on his behalf to effect his resignation as a director if the Executive has failed to resign upon request in accordance with this clause 16. 16.6 The Executive shall, during any period of suspension, remain available to perform any reasonable duty requested by the Company and to shall co-operate generally with the Company to ensure a smooth hand over of his duties. Should the Executive fail to make himself available for work having been requested by the Company to attend, he shall, notwithstanding any other provision of this Agreement, forfeit his right to salary and contractual benefits ...
GARDEN LEAVE AND SUSPENSION. 15.1 Notwithstanding any other provision of this Agreement: (a) if notice is given by either party to terminate the employment of the Executive in accordance with clause 3; (b) if the Executive seeks to or indicates an intention to resign as an employee of the Company or any other Group Company or terminate his employment without notice; (c) during any period in which the Company is carrying out an investigation into any alleged acts or defaults of the Executive; or (d) in circumstances where it is suspected that the Executive is in breach of any legal or regulatory requirement which affects or in the reasonable opinion of the Board may affect his employment, the Company shall not be under any obligation to provide the Executive with any work and may at any time and at its absolute discretion suspend the Executive. 15.2 Throughout such period of suspension: (a) the Executive’s salary and other contractual benefits shall continue to be paid or provided by the Company in the usual way subject always to the terms of any benefit arrangement; (b) the Executive shall, in addition to the duties of fidelity, confidence and good faith to which he is subject by law, continue to comply with his obligations under this Agreement, including but not limited to clauses 4.2 to 4.12 inclusive, and shall observe all obligations of confidentiality arising under the provisions of this Agreement; (c) the Company shall be entitled to exclude the Executive from all or any premises of the Company and/or any other Group Company; (d) the Executive shall not have any contact or communication with any client, prospective client, customer, prospective customer, employee, officer, director, agent or consultant of the Company or any other Group Company except with the prior written consent of the Board and apart from with such persons as may be nominated by the Board; (e) the Company shall be entitled to require the Executive to perform work at home in relation to matters of which he has knowledge or which fall within his competence; (f) the Executive shall keep the Board informed of his whereabouts (except in periods taken as holiday) so that he can be called upon to perform any appropriate duties as requested by the Board; (g) the Executive shall be required to take any accrued or accruing holiday (without being required to notify the Company as to which days are required to be taken as holiday, provided the Executive remains contactable on his mobile telephone, the telephone number of...

Related to GARDEN LEAVE AND SUSPENSION

  • Termination and Suspension Customer is entitled to suspend the performance of its obligations in whole or in part or terminate the Agreement with immediate effect, without prejudice to its right to claim damages and without any compensation to or indemnification of Supplier (i) in case Supplier has been declared bankrupt, is in a state of liquidation, has ceased or suspended whole or a substantial part of its business, is subject of a court order or preventative legal scheme of settlement, (ii) in case of non- compliance with the Compliance Requirements or the provisions of safety, health, environment and security or (iii) in case of not approved changes pursuant to article 10. After such termination Customer may return received Goods and/or Services in whole or partly against repayment and retransfer of ownership therein to Supplier.

  • Term, Termination and Suspension 18.1 This Agreement shall be effective from the Effective Date for the Term. The Service shall commence on the Commencement Date and continue until the Completion Date, whereupon this Agreement shall expire unless terminated earlier in accordance with its terms. 18.2 You shall not commence any additional service in the event of notification of termination of this Agreement, however, in the event that service is provided to us beyond the Completion Date, the terms and conditions of this Agreement shall continue on a day-to-day basis terminable without cause upon twenty-four (24) hours prior written notice by either party to the other. 18.3 Either party may terminate a Service or this Agreement, in part or in whole, during the Term upon prior written notice without cause in accordance with the termination notice period as set out in Schedule 1. 18.4 We may terminate this Agreement at any time based upon your default of your obligations under this Agreement. We, in our sole discretion, may provide you with a notice to cure (“Cure Notice”) the breach that would otherwise amount to a basis to terminate this Agreement as a result of your failure to fulfill your obligations hereunder. You shall respond to any such Cure Notice within a reasonable time or within such time as provided therein, and you shall either cure the specified breach or provide assurances to cure the same which we, in our sole discretion, deem adequate. 18.5 Either party may terminate this Agreement immediately, if the other party: (a) commits an irremediable breach; or (b) is subject to a change of control or chooses to discontinue its business; or (c) if the other party has a lack of funding or becomes or is deemed insolvent; or (d) if the other party’s performance is affected by a force majeure event which lasts seven (7) days or more. 18.6 In the event of termination of this Agreement, all Fees then due and payable shall be paid to you. 18.7 Upon expiry or termination of this Agreement, you shall return all Government property or information or you shall irretrievably delete, as commercially practicable as possible, all Confidential Information, stored in any way using any device or application and all matter derived from such sources which is in your possession, custody or power and provide a signed statement that you have fully complied with your obligations under this section, save for any back-up required by law or as required in accordance with your record retention policy. 18.8 Upon expiry or termination of this Agreement, you shall provide us with all such assistance as may be reasonably necessary in order to end the relationship in a manner which causes the least inconvenience to us including assisting with the transfer of Data. 18.9 We may temporarily suspend a Service hereunder and shall confirm such instruction in writing to you. 18.10 Upon any such suspension, we shall pay all Fees and Expenses up until the time of such suspension of a Service. If, following suspension of a Service, there is no resumption within six (6) months, this Agreement may be terminated by you, and us shall make a payment of all outstanding Fees and Expenses in accordance with this Agreement if such amounts are due. 18.11 We may issue a written order to resume the provision of the Service within six (6) months of suspension in accordance with the terms and conditions of this Agreement. 18.12 The rights arising under this termination section represent your sole remedy and excludes common law rights to terminate and claim damages for any Loss you may suffer under this Agreement.

  • Post Suspension 1. Without prejudice to the procedures in Article 190 (Examination of the Benefit Suspension Level), if the Party complained against considers that it has eliminated the non-conformity that the Panel has found, it may provide written notice to the complaining Party with a description of how non-conformity has been removed. If the complaining Party has disagreement, it may refer the matter to the original Panel within 60 days after receipt of such written notice. Otherwise, the complaining Party shall promptly stop the suspension of benefits. 2. The Panel shall release its report within 60 days after the referral of the matter. If the Panel concludes that the Party complained against has eliminated the non-conformity, the complaining Party shall promptly stop the suspension of benefits.

  • TERM, TERMINATION & SUSPENSION The Company may terminate this Agreement with You at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

  • Termination; Suspension (a) Either Party may terminate this Compact without cause in its entirety by giving the other Party thirty (30) days’ prior written notice. MCC may also terminate this Compact or MCC Funding without cause in part by giving the Government thirty (30) days’ prior written notice. (b) MCC may, immediately, upon written notice to the Government, suspend or terminate this Compact or MCC Funding, in whole or in part, and any obligation related thereto, if MCC determines that any circumstance identified by MCC as a basis for suspension or termination (as notified to the Government in writing) has occurred, which circumstances include but are not limited to the following: (i) the Government fails to comply with its obligations under this Compact or any other agreement or arrangement entered into by the Government in connection with this Compact or the Program; (ii) an event or series of events has occurred that makes it probable that any of the Project Objectives will not be achieved during the Compact Term or that the Government will not be able to perform its obligations under this Compact; (iii) a use of MCC Funding or continued implementation of this Compact or the Program violates applicable law or United States Government policy, whether now or hereafter in effect; (iv) the Government or any other person or entity receiving MCC Funding or using Program Assets is engaged in activities that are contrary to the national security interests of the United States; (v) an act has been committed or an omission or an event has occurred that would render Morocco ineligible to receive United States economic assistance under Part I of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), by reason of the application of any provision of such act or any other provision of law; (vi) the Government has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of Morocco for assistance under the MCA Act; (vii) Morocco is classified as a Tier 3 country in the United States Department of State’s annual Trafficking in Persons Report; and (viii) the Government or another person or entity receiving MCC Funding or using Program Assets is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking.

  • DISCHARGE AND SUSPENSION 10.01 When an employee has been suspended or dismissed on the Company premises, he shall be advised that he may meet with his Committeeperson in private for a reasonable period of time, not exceeding sixty (60) minutes, before leaving the plant premises. 10.02 A claim by a seniority employee that he has been wrongfully suspended or discharged shall be treated as a special grievance. A written statement of such special grievance shall be lodged with the General Manager or his designated representative within five (5) working days, after the receipt of the reasons given by the Company as provided for herein, of such suspension or discharge and shall be dealt with at Step 4 of the grievance procedure, and failing satisfactory settlement at this meeting, the special grievance may then be appealed to an arbitrator in accordance with the procedures herein provided for arbitration. 10.03 A Union representative shall be present at all meetings between the Company and one or more of its employees where the purpose of such meeting may be disciplinary. In circumstances where the Company has decided to undertake disciplinary action, which may result in a suspension or termination of the employee, the Company will, before commencing any action against the employee, first meet with the Plant Chairperson or designate to inform him of the nature of the disciplinary proceedings. At the conclusion of such meeting the Committee will be allowed a reasonable amount of time to meet with an employee who has been disciplined or discharged before he leaves the plant. 10.04 Where a seniority employee has been suspended or discharged, he and a member of the Shop Committee shall be given written reasons for the suspension or discharge within five (5) working days. 10.05 In the case of an employee being suspended or discharged from their employment, the following process will be followed: The employee will be notified that during their suspension or discharge they are not allowed to be on any Xxxxxx Metal Products property. This notice will extend to all plants and not just the plant they are employed at. Any employee who is found to be on Company property during a suspension or discharge will be considered to be trespassing. Any request by a suspended or discharged employee to attend to a Xxxxxx facility must be done through prior approval of the General Manager. If the General Manager approves their attendance on Company property, the employee will be restricted to the office meeting room areas. 10.06 The termination of a probationary employee for unsuitability shall be considered as just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. This shall constitute a lesser standard for the purposes of the Ontario Labour Relations Act. The Company will give the reason of the unsuitability to the Union in writing at the time of the termination of the probationary employee.

  • Service Suspension 8.1 By giving reasonable notice to you, or if this is not practicable, such notice as is reasonably practicable in the circumstances, we may suspend the Service (or any part of the Service) for reasons to include but not limited to: 8.1.1 for operational reasons in accordance with the service levels, or 8.1.2 if required because of a regulatory or legal change, or 8.1.3 if we are obliged to comply with the order, instruction, or request of a court, government, agency, emergency service organisation, or other competent administrative or regulatory authority, requiring suspension to the Service, or 8.1.4 if your use of the Service may damage or disrupt the proper functioning of the infrastructure and / or equipment used to provide services to our other Customers, or 8.1.5 if we have reasonable grounds to believe that you are in breach of your obligations, and you either fail to remedy that breach or fail to demonstrate to our reasonable satisfaction that no breach took place within two (2) Working Days of written notice of the suspected breach for a serious breach (serious breach to include, but not limited to, a breach likely to cause serious damage to us or our brand, or that of our contractors, or result in legal action by a third party) or within ten (10) Working Days of written notice of the suspected breach for other breach, or 8.1.6 if an undisputed invoice (or an undisputed part of an invoice) is not paid in full by the due date, provided that we have given you at least five (5) Working Days’ notice of such non- payment. 8.2 Suspension of the Service shall cause our service level obligations to be excluded for the period of the suspension. Such suspension of the Service shall continue for as long as any of the circumstances in Clauses 8 continues.

  • Dismissal and Suspension (a) The Employer may dismiss or suspend for just cause any employee who has completed their probationary period. Notice of dismissal or suspension will be in writing and will set forth the reasons for dismissal or suspension and an employee will have the right to have a xxxxxxx present, providing that this does not result in an undue delay of the appropriate action being taken. A copy of the written notice of suspension or dismissal will be forwarded to the President of the Union or the designated staff representative within five working days. (b) A suspension of indefinite duration will be considered a dismissal under 11.2(a) above as soon as it exceeds 20 days and any grievance already filed will be considered henceforth as a dismissal grievance.

  • CERTIFICATION REGARDING DEBARMENT AND SUSPENSION The undersigned (authorized official signing for the contracting organization) certifies to the best of his or her knowledge and belief, that the contractor, defined as the primary participant in accordance with 45 CFR Part 76, and its principals: are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency have not within a 3-year period preceding this contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in Section 2 of this certification; and have not within a 3-year period preceding this contract had one or more public transactions (Federal, State, or local) terminated for cause or default. Should the Contractor or Subrecipient not be able to provide this certification, an explanation as to why should be placed after the assurances page in the contract. The contractor agrees by signing this contract that it will include, without modification, the clause above certification in all lower tier covered transactions (i.e., transactions with sub-grantees and/or contractors) and in all solicitations for lower tier covered transactions in accordance with 45 CFR Part 76.

  • Debarment and Suspension A. The Contractor certifies by entering into this Contract that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Contract by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Contract means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Contractor. B. The Contractor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Contract and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Contractor shall immediately notify the State if any subcontractor becomes debarred or suspended, and shall, at the State’s request, take all steps required by the State to terminate its contractual relationship with the subcontractor for work to be performed under this Contract.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!