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 with the terms of this Agreement. 22.5 At the end of the Garden Leave Period, the Company may, at its sole and absolute discretion, pay the Executive salary in lieu of the balance of any period of notice given by the Company or the Executive (less any deductions the Company is required by law to make.
Appears in 2 contracts
Samples: Employment Agreement (Intercontinental Hotels Group PLC /New/), Employment Agreement (Intercontinental Hotels Group PLC /New/)
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 with the terms of this Agreement.
22.5 At the end of the Garden Leave Period, the Company may, at its sole and absolute discretion, pay the Executive salary in lieu of the balance of any period of notice given by the Company or the Executive (less any deductions the Company is required by law to make.
22.6 During the Garden Leave Period:
22.6.1 the Executive shall provide such assistance as the Company or any Group Company may require to effect an orderly handover of the Executive’s responsibilities to any individual or individuals appointed by the Company or any Group Company to take over the Executive’s role or responsibilities;
22.6.2 the Executive shall be available to deal with requests for information, provide assistance, be available for meetings and to advise on matters relating to work (unless the Company has agreed that the Executive may be unavailable for a period); and
22.6.3 the Company may appoint another person to carry out the Executive’s duties in substitution for the Executive.
22.7 All duties of the Employment (whether express or implied), shall continue throughout the Garden Leave Period (in particular the duty of fidelity) save as expressly varied by this clause 22. The Executive agrees that the exercise by the Company of its rights pursuant to this clause 22 shall not entitle the Executive to claim that the Executive has been constructively dismissed.
Appears in 1 contract
Samples: Employment Agreement (Intercontinental Hotels Group PLC /New/)
Garden Leave. 22.1 18.1 The Company is not under any obligation to provide the Executive with any work. At any time after the Executive gives notice to terminate the Employmentemployment is given by either party under clause 3 above, or at any time during the Employer gives notice to terminate the Employment as a result currency of the Executive’s breach of contract or gross misconductsuch notice, or if the Executive resigns without giving due proper notice and the Company does not accept the Executive’s his resignation, the Company may, at its absolute discretion, require the Executive to take a period of absence called garden leave for a maximum period of 3 months (the “"Garden Leave Period”Leave"). The provisions of this clause shall apply to any Garden Leave Period.
22.2 18.2 The Company may require that the Executive will not, without prior written consent of the Board Board, be employed or otherwise engaged in the conduct of any activity, whether or not of a business nature during Garden Leave. Further, if so requested by the Garden Leave PeriodCompany, the Executive will not:
22.2.1 18.2.1 enter or attend the premises of the Company or any other Group Company; or;
22.2.2 18.2.2 contact or have any communication (whether or not at the Executive’s own instigation) with any customer or client of the Company or any other Group Company in relation to the business of the Company company or any other Group Company (other than purely social contact); or;
22.2.3 18.2.3 contact or have any communication (whether or not at the Executive’s own instigation) 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)Company; or
22.2.4 18.2.4 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 18.3 For the Garden Leave Period the avoidance of doubt these restrictions apply to all forms of communication including communications through social media sites, such as Facebook and LinkedIn.
18.4 The Company may require the Executive:
22.3.1 Executive to comply with any or all of the provisions of clause 24, save that the Executive will not 17.6 above and shall be required entitled to return the Car; and
22.3.2 appoint a replacement executive 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 undertake the Executive’s attorney to execute role during any instrument and do anything in the Executive’s name and on behalf period of the Executive to effect the Executive’s resignation if the Executive fails to do so in accordance with this clause 22.3.2Garden Leave.
22.4 18.5 During the Garden Leave PeriodLeave, the Executive will be entitled to receive the Executive’s salary his Salary and all contractual benefits (excluding bonuses) in accordance with the terms of this Agreement.
22.5 At . Any unused holiday accrued at the end commencement of the Garden Leave Period, the Company may, at its sole and absolute discretion, pay the Executive salary in lieu of the balance of any holiday accrued during any period of notice given Garden Leave will be deemed to be taken by the Company or the Executive (less any deductions the Company is required by law to makeduring Garden Leave.
Appears in 1 contract
Samples: Service Agreement (Female Health Co)
Garden Leave. 22.1 12.1 Neither the Company nor any Group Company is under any obligation to provide the Executive with any work. 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 misconductis given by either party under clause 11 above, or if the Executive resigns without giving due notice and the Company does not accept the Executive’s his resignation, the Company may, at its absolute discretion, require the Executive to take a period of absence called garden leave for a maximum period of 6 months (the “Garden Leave Period”). The provisions of this clause shall apply to any Garden Leave Period.
22.2 12.2 The Company may require that the Executive will not, without prior written consent of the Board 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, if so requested by the Company, the Executive will not:
22.2.1 12.2.1 enter or attend the premises of the Company or any other Group Company; or
22.2.2 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 (other than purely social contactcontract); or
22.2.3 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 (other than purely social contact)Company; or
22.2.4 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.
22.3 During the Garden Leave Period the 12.3 The Company may require the Executive:
22.3.1 12.3.1 to comply with the provisions of clause 2415, save that the Executive he will not be required to return the Carhis Company car; and
22.3.2 12.3.2 to immediately resign from any directorship, trusteeships or other offices which the Executive he 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 he is required to perform duties to which any such directorship, trusteeship or other office relates in which case the Executive he 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 his attorney to execute any instrument and do anything in the Executive’s his name and on his behalf of the Executive to effect the Executive’s his resignation if the Executive he fails to do so in accordance with this clause 22.3.212.3.2.
22.4 12.4 During the Garden Leave Period, the Executive will be entitled to receive the Executive’s his base salary and all contractual benefits (excluding bonuses) in accordance with the terms of this Agreementagreement. Any unused holiday accrued at the commencement of the Garden Leave Period and any holiday accrued during any such period will be deemed to be taken by the Executive during the Garden Leave Period.
22.5 12.5 At the end of or at any time during the Garden Leave Period, the Company may, at its it sole and absolute discretion, pay the Executive base salary alone (as defined in clause 7.1) in lieu of the balance of any period of notice given by the Company or the Executive (less any deductions the Company is required by law to make).
Appears in 1 contract
Garden Leave. 22.1 13.1 Neither the Company nor any Group Company is under any obligation to provide the Executive with any work. 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 misconductis given by either party under clause 12 above, or if the Executive resigns without giving due notice and the Company does not accept the Executive’s his resignation, the Company may, at its absolute discretion, require the Executive to take a period of absence called garden leave for a maximum period of 6 months (the “Garden Leave Period”). The provisions of this clause shall apply to any Garden Leave Period.
22.2 13.2 The Company may require that the Executive will not, without prior written consent of the Board 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, if so requested by the Company, the Executive will not:
22.2.1 13.2.1 enter or attend the premises of the Company or any other Group Company; or;
22.2.2 13.2.2 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 13.2.3 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 13.2.4 remain or become involved in any aspect of the business of the Company or any other Group Company except as required by such companies; and/or
13.2.5 access the Company’s or any Group Company’s information technology systems.
22.3 During the Garden Leave Period the 13.3 The Company may require the ExecutiveExecutive during the Garden Leave Period:
22.3.1 13.3.1 to comply with the provisions of clause 2416, save that the Executive he will not be required to return the Carany Company car during any Garden Leave Period; and
22.3.2 13.3.2 to immediately resign from any directorship, trusteeships or other offices which the Executive he 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 he is required to perform duties to which any such directorship, trusteeship or other office relates in which case the Executive he 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 his attorney to execute any instrument and do anything in the Executive’s his name and on his behalf of the Executive to effect the Executive’s his resignation if the Executive he fails to do so in accordance with this clause 22.3.213.3.2.
22.4 13.4 During the Garden Leave Period, the Executive will be entitled to receive the Executive’s his base salary and receive all contractual benefits in accordance with the terms of this Agreementagreement, save that he will not accrue any bonuses or be entitled to receive any new grants or awards under any long term incentive arrangements. Any unused holiday accrued at the commencement of the Garden Leave Period and any holiday accrued during any such period will be deemed to be taken by the Executive during the Garden Leave Period.
22.5 13.5 At the end of or at any time during the Garden Leave Period, the Company may, at its sole and absolute discretion, pay the Executive base salary alone (as defined in clause 7.1) in lieu of the balance of any period of notice given by the Company or the Executive (less any deductions the Company is required by law to make).
13.6 During the Garden Leave Period:
13.6.1 the Executive shall 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;
13.6.2 the Executive shall make himself available to deal with requests for information, provide assistance, be available for meetings and to advise on matters relating to work (unless the Company has agreed that the Executive may be unavailable for a period); and/or
13.6.3 the Company may appoint another person to carry out his duties either jointly with his or in substitution for the Executive.
13.7 All duties of the Employment (whether express or implied), including without limitation the Executive’s duties of fidelity, good faith and exclusive service, shall continue throughout the Garden Leave Period save as expressly varied by this clause 13.
13.8 The Executive agrees that the exercise by the Company of its rights during the Garden Leave Period pursuant to this clause 13 shall not entitle the Executive to claim that he has been constructively dismissed.
Appears in 1 contract
Garden Leave. 22.1 11.1 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 misconductis given by either party under clause 10 above, or if the Executive resigns without giving due notice and the Company does not accept the Executive’s his resignation, the Company may, at its absolute discretion, may require the Executive to take comply with any or all of the provisions in clauses 11.2 and 11.3 for a maximum period of absence called garden leave six months (the “Garden Leave Period”). The provisions of this clause shall apply to any Garden Leave Period.
22.2 11.2 The Company may require that the Executive will not, without prior written consent of the Board 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:
22.2.1 11.2.1 enter or attend the premises of the Company or any other Group Company; oror Back to Contents
22.2.2 11.2.2 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)Company; or
22.2.3 11.2.3 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)Company; or
22.2.4 11.2.4 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 11.3 The Company may require the Executive:
22.3.1 11.3.1 to comply with the provisions of clause 2414, save that the Executive he will not be required to return the Carhis Company car; and
22.3.2 11.3.2 to immediately resign from any directorship, trusteeships or other offices directorship which the Executive he 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 he is required to perform duties to which any such directorship, trusteeship or other office directorship relates in which case the Executive he may retain such directorships, trusteeships or other offices directorships while those duties are ongoing. The Executive hereby irrevocably appoints the Company to be the Executive’s his attorney to execute any instrument and do anything in the Executive’s his name and on his behalf of the Executive to effect the Executive’s his resignation if the Executive he fails to do so in accordance with this clause 22.3.211.3.2.
22.4 11.4 During the Garden Leave Period, the Executive will be entitled to receive the Executive’s his salary and all contractual benefits (for example, his Company car, if any) in accordance with the terms of this Agreementagreement. Any unused holiday accrued at the commencement of the Garden Leave Period and any holiday accrued during any such Period will be deemed to be taken by the Executive during the Garden Leave Period.
22.5 11.5 At the end of the Garden Leave Period, the Company may, at but shall not in any way be obliged, to exercise its sole rights under clause 10.4 and absolute discretion, clause 10.5 to pay the Executive salary alone in lieu of the balance of any period of notice given by the Company or the Executive Executive, (less any deductions the Company is required by law to make).
11.6 All duties of the Employment (whether express or implied), including without limitation the Executive’s duties of fidelity, good faith and exclusive service, shall continue throughout the Garden Leave Period save as expressly varied by this clause.
Appears in 1 contract
Garden Leave. 22.1 (a) At any time after the Company or the Executive gives has given notice to terminate the Employment, the Employer gives notice to terminate Company may exercise all or any of the Employment as a result of following rights:
(i) change the Executive’s breach of contract or gross misconduct, or if the Executive resigns without giving due notice and the Company does not accept duties in whatever way it decides is appropriate;
(ii) totally withdraw all the Executive’s resignation, powers and responsibilities;
(iii) withdraw or limit the Company may, at its absolute discretion, require access of 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 IT or attend the premises other systems of the Company or any other Group Company; or;
22.2.2 (iv) require that the Executive does not contact or have any communication communicate with any customer current, past or client prospective clients, employees or suppliers 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 about any aspect of the business of the Company or any other Group Company;
(v) prohibit the Executive from entering any premises of the Company except or any Group Company;
(vi) require the Executive to carry out his duties (including those specified in this clause) from home;
(vii) appoint another person or persons to act jointly with the Executive in discharging his duties (whether as an employee or officer of the Company or any Group Company) to replace the Executive in any office from which he has resigned;
(viii) require the Executive to assist in a proper handover of his duties and responsibilities (including clients, prospects and business) to another employee of the Company;
(ix) require the Executive to keep the Company informed of his whereabouts so that he may be called upon to perform any duties as required by such companies.the Company;
22.3 During (x) require that the Executive complies with any or all of his obligations under clause 22 (Return of Property), for a maximum period of six months (the Garden Leave Period Period).
(b) At any time during the Company Garden Leave Period, the Board may require the Executive:
22.3.1 Executive 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 resign 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 that he may hold with the EmploymentCompany and any Group Company.
(c) During any Garden Leave Period, unless the Chief Executive is required to perform duties to which Officer of the Parent Company agrees otherwise, the Executive will not:
(i) do any such directorshipwork, trusteeship whether paid or unpaid, for any third party;
(ii) hold himself out as a director or other officer of the Company or any Group Company if he no longer holds office relates with such company;
(iii) make any comment to any person about the change to his duties, except to confirm that he is on Garden Leave.
(d) The Executive acknowledges that he will remain employed by the Company on the terms of this Agreement during any Garden Leave Period and, in which case particular, he remains bound by the Executive may retain such directorshipsexpress obligations contained in this Agreement except as varied by this clause 20 and by the implied obligations of honesty, trusteeships or other offices while those duties are ongoingloyalty and good faith and confidentiality owed by an employee to his employer. The Executive hereby irrevocably appoints will make himself available to the Company to be and any Group Company, in person, on the Executive’s attorney to execute any instrument and do anything in telephone or otherwise as the Executive’s name and on behalf of the Executive to effect the Executive’s resignation if Company may direct, during normal working hours.
(e) If the Executive fails to do so make himself available to work during any Garden Leave Period other than as agreed with the Chief Executive Officer of the Parent Company, the Company may deduct one day’s salary for each day of absence during such notice period and without prejudice to the rights of the Company in accordance with respect of breach by the Executive of the terms of this clause 22.3.2Agreement.
22.4 (f) The Company will continue to pay the Executive’s Base Salary and provide contractual benefits during any Garden Leave Period as long as he complies with his obligations under this Agreement.
(g) During the Garden Leave Period, the Company reserves the right to terminate the employment of the Executive will be entitled by giving notice to receive make a payment to the Executive’s salary and all contractual benefits Executive in lieu in accordance with the terms of this Agreement.
22.5 At the end of the Garden Leave Period, the Company may, at its sole and absolute discretion, pay the Executive salary clause 3(b) above in lieu of the balance respect of any unexpired period of notice given or deemed by the Company or to be given.
(h) The Company’s rights under this clause are distinct from the Company’s right to suspend the Executive to investigate any allegations against him in accordance with subsection 20(i) below (less any deductions the Company is required by law to makeSuspension).
Appears in 1 contract
Samples: Executive Employment Agreement (GAIN Capital Holdings, Inc.)
Garden Leave. 22.1 At 20.1 The CEO agrees that:
20.1.1 at any time after the Executive gives notice to terminate the Employment, Agreement is given by either party; or
20.1.2 if the Employer gives notice CEO purports to terminate the Employment as a result of the Executive’s breach of contract or gross misconduct, or if the Executive resigns Agreement by resigning without giving due notice and the Company does not accept his resignation; or
20.1.3 during the Executive’s resignation, last six months of the Term; the Company may, at its absolute discretion, may require the Executive CEO to take comply with any or all of the provisions in clauses 21.2 and 21.3 below for a maximum period of absence called garden leave six months (the “Garden Leave Period”). The provisions of this clause shall apply to any Garden Leave Period.
22.2 20.2 The Company may require that the Executive CEO will not, without prior written consent of the Supervisory Board as long as he assumes position of President of the Management Board and CEO, 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 CEO will not, unless requested by the Company:
22.2.1 20.2.1 enter or attend the premises of the Company or any other Group Company; or
22.2.2 20.2.2 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)Company; or
22.2.3 20.2.3 contact or have any communication with any employeeCEO, 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)Company; or
22.2.4 20.2.4 remain or become involved in any aspect of the business of the Company or any other Group Company except as required by such companies.. Table of Contents
22.3 During the Garden Leave Period the 20.3 The Company may require the ExecutiveCEO:
22.3.1 20.3.1 to comply with the provisions of clause 24, save that the Executive will not be required to return the Car21; and
22.3.2 20.3.2 to immediately resign from any directorship, trusteeships or other offices directorship which the Executive he 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 EmploymentAgreement, unless the Executive he is required to perform duties to which any such directorshipdirectorship relates, trusteeship or other office relates in which case the Executive he may retain such directorships, trusteeships or other offices 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 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 20.4 During the Garden Leave Period, the Executive CEO will be entitled to receive the Executive’s his salary and all contractual benefits except bonus and Stock Options, in accordance with the terms of this Agreement.
22.5 At . Any unused holiday accrued at the end commencement of the Garden Leave Period and any holiday accrued during any such period will be deemed to be taken by the CEO during the Garden Leave Period, the Company may, at its sole and absolute discretion, pay the Executive salary in lieu .
20.5 All duties of the balance of any period of notice given Agreement (whether express or implied), shall continue throughout the Garden Leave Period save as expressly varied by the Company or the Executive (less any deductions the Company is required by law to makethis clause.
Appears in 1 contract
Samples: Agreement With the President of the Management Board and Ceo (Barr Pharmaceuticals Inc)
Garden Leave. 22.1 11.1 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 misconductis given by either party under Clause 2 above, or if the Executive resigns without giving due notice and the Company does not accept the Executive’s his resignation, the Company may, at its absolute discretion, may require the Executive to take comply with any or all of the provisions in Clauses 11.2 and 11.3 for a maximum period of absence called garden leave six months (the “Garden Leave Period”). The provisions of this clause shall apply to any Garden Leave Period.
22.2 11.2 The Company may require that the Executive will not, without prior written consent of the Board 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:
22.2.1 11.2.1 enter or attend the premises of the Company or any other Group Company; or
22.2.2 11.2.2 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)Company; or
22.2.3 11.2.3 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)Company; or
22.2.4 11.2.4 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 11.3 The Company may require the Executive:
22.3.1 11.3.1 to comply with the provisions of clause 24, save that the Executive will not be required to return the CarClause 10; and
22.3.2 11.3.2 to immediately resign from any directorship, trusteeships or other offices directorship which the Executive he 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 EmploymentEmployment as provided for in Clause 14, unless the Executive he is required to perform duties to which any such directorship, trusteeship or other office directorship relates in which case the Executive he may retain such directorships, trusteeships or other offices 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 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 11.4 During the Garden Leave Period, the Executive will be entitled to receive the Executive’s his salary and all contractual benefits in accordance with the terms of this Agreementagreement. Any unused holiday accrued at the commencement of the Garden Leave Period and any holiday accrued during any such Period will be deemed to be taken by the Executive during the Garden Leave Period.
22.5 11.5 At the end of the Garden Leave Period, the Company may, at its sole and absolute discretion, pay the Executive salary alone in lieu of the balance of any period of notice given by the Company or the Executive Executive, (less any deductions the Company is required by law to make).
11.6 All duties of the Employment (whether express or implied), including without limitation the Executive’s duties of fidelity, good faith and exclusive service, shall continue throughout the Garden Leave Period save as expressly varied by this clause.
Appears in 1 contract
Samples: Service Agreement (Hutchison Telecommunications International LTD)
Garden Leave. 22.1 13.1 Neither the Company nor any Group Company is under any obligation to provide the Executive with any work. 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 misconductis given by either party under clause 12 above, or if the Executive resigns without giving due notice and the Company does not accept the Executive’s her resignation, the Company may, at its absolute discretion, require the Executive to take a period of absence called garden leave for a maximum period of 6 months (the “Garden Leave Period”). The provisions of this clause shall apply to any Garden Leave Period.
22.2 13.2 The Company may require that the Executive will not, without prior written consent of the Board 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, if so requested by the Company, the Executive will not:
22.2.1 13.2.1 enter or attend the premises of the Company or any other Group Company; or;
22.2.2 13.2.2 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 13.2.3 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 13.2.4 remain or become involved in any aspect of the business of the Company or any other Group Company except as required by such companies; and/or
13.2.5 access the Company’s or any Group Company’s information technology systems.
22.3 During the Garden Leave Period the 13.3 The Company may require the ExecutiveExecutive during the Garden Leave Period:
22.3.1 13.3.1 to comply with the provisions of clause 2416, save that the Executive she will not be required to return the Carany Company car during any Garden Leave Period; andand A31424839 22 Mar 2016
22.3.2 13.3.2 to immediately resign from any directorship, trusteeships or other offices which the Executive she 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 she is required to perform duties to which any such directorship, trusteeship or other office relates in which case the Executive she 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 her attorney to execute any instrument and do anything in the Executive’s her name and on her behalf of the Executive to effect the Executive’s her resignation if the Executive she fails to do so in accordance with this clause 22.3.213.3.2.
22.4 13.4 During the Garden Leave Period, the Executive will be entitled to receive the Executive’s her base salary and receive all contractual benefits in accordance with the terms of this Agreementagreement, save that she will not accrue any bonuses or be entitled to receive any new grants or awards under any long term incentive arrangements. Any unused holiday accrued at the commencement of the Garden Leave Period and any holiday accrued during any such period will be deemed to be taken by the Executive during the Garden Leave Period.
22.5 13.5 At the end of or at any time during the Garden Leave Period, the Company may, at its sole and absolute discretion, pay the Executive base salary alone (as defined in clause 7.1) in lieu of the balance of any period of notice given by the Company or the Executive (less any deductions the Company is required by law to make).
Appears in 1 contract
Garden Leave. 22.1 12.1 Neither the Company nor any Group Company is under any obligation to provide the Executive with any work. 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 misconductis given by either party under clause 11 above, 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, may require the Executive to take a comply with any or all of the provisions in clauses 12.2 and 12.3 for all or part of the remainder of the notice period of absence called garden leave (the “Garden Leave Period”). The provisions of this clause shall apply to any Garden Leave Period.
22.2 12.2 The Company may require that the Executive will not, without prior written consent of the Board 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:
22.2.1 12.2.1 enter or attend the premises of the Company or any other Group Company; or
22.2.2 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 (other than purely social contact)Company; or
22.2.3 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 (other than purely social contact)Company; or
22.2.4 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.
22.3 During the Garden Leave Period the 12.3 The Company may require the Executive:
22.3.1 12.3.1 to comply with the provisions of clause 2415, save that the Executive will not be required to return the CarCompany car until the termination date; and
22.3.2 12.3.2 to immediately resign from any directorship, trusteeships or other offices directorship which the Executive holds they hold 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 they are required to perform duties to which any such directorship, trusteeship or other office directorship relates in which case the Executive they may retain such directorships, trusteeships or other offices directorships while those duties are ongoing. The Executive hereby irrevocably CERTAIN IDENTIFIED INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED BECAUSE SUCH IDENTIFIED INFORMATION (I) IS NOT MATERIAL AND (II) IS THE TYPE THAT VODAFONE TREATS AS PRIVATE. 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 behalf to effect their resignation if the Executive fails they fail to do so in accordance with this clause 22.3.212.3.2.
22.4 During the Garden Leave Period, the Executive will be entitled to receive the Executive’s salary and all contractual benefits in accordance with the terms of this Agreement.
22.5 At the end of the Garden Leave Period, the Company may, at its sole and absolute discretion, pay the Executive salary in lieu of the balance of any period of notice given by the Company or the Executive (less any deductions the Company is required by law to make.
Appears in 1 contract
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 PeriodPeriod will be no longer than the applicable notice period.
22.2 The Company may require that the Executive will not, without prior written consent of the Board 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 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 CarExecutive’s Company 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 with the terms of this Agreement.
22.5 At the end of the Garden Leave Period, the Company may, at its sole and absolute discretion, pay the Executive salary in lieu of the balance of any period of notice given by the Company or the Executive (less any deductions the Company is required by law to make).
Appears in 1 contract
Samples: Uk Employment Agreement (Intercontinental Hotels Group PLC /New/)
