General Termination Provisions. (a) Upon the death or disability diagnosed by a licensed physician of the Executive such that, in the view of the Company’s directors other than the Executive, the Executive is not able to carry out his essential job functions, the Company may terminate the Executive’s employment by providing the Executive or his estate with pay and severance pay, if applicable, in the amount of six (6) months’ Base Salary payable monthly, and conditioned on the effectiveness of a Release. Prior to terminating the Executive under this Subsection 6.4(a), the Company will make reasonable accommodation necessary to enable the Executive to perform his essential job functions unless providing such accommodation would pose an undue hardship on the Company. The terms “essential job functions,” reasonable accommodation,” and “undue hardship” as they are used in this Subsection 6.4(a) shall be defined as in the Americans with Disabilities Act of 1990. (b) Upon termination for any reason, Executive shall receive accrued but unpaid wages through the date of termination, any unreimbursed expenses as required under this Agreement, and any other amounts as required by law. (c) Upon termination of the Executive’s employment for any reason, the Executive shall immediately resign as director and from all offices which he holds with the Company, its affiliates, and its subsidiaries. The Executive understands and agrees that he will not be entitled to receive any further notice, payment in lieu of notice, severance pay, benefits, compensation, or damages of any kind, whether at common law or otherwise, other than the entitlements as set forth in this Agreement.
Appears in 3 contracts
Samples: Executive Employment Agreement (Western Magnesium Corp.), Executive Employment Agreement (Western Magnesium Corp.), Executive Employment Agreement (Western Magnesium Corp.)
General Termination Provisions. (a) Upon the death or disability diagnosed by a licensed physician of the Executive such that, in the view of the Company’s directors other than the Executive, the Executive is not able to carry out his essential job functions, the Company may terminate the Executive’s employment by providing the Executive or his estate with pay and severance pay, if applicable, in the amount of six one (61) months’ Base Salary payable monthly, and conditioned on the effectiveness of a Release. Prior to terminating the Executive under this Subsection 6.4(a), the Company will make reasonable accommodation necessary to enable the Executive to perform his essential job functions unless providing such accommodation would pose an undue hardship on the Company. The terms “essential job functions,” reasonable accommodation,” and “undue hardship” as they are used in this Subsection 6.4(a) shall be defined as in the Americans with Disabilities Act of 1990.
(b) Upon termination for any reason, Executive shall receive accrued but unpaid wages through the date of termination, any unreimbursed expenses as required under this Agreement, and any other amounts as required by law.
(c) Upon termination of the Executive’s employment for any reason, the Executive shall immediately resign as director and from all offices which he holds with the Company, its affiliates, and its subsidiaries. The Executive understands and agrees that he will not be entitled to receive any further notice, payment in lieu of notice, severance pay, benefits, compensation, or damages of any kind, whether at common law or otherwise, other than the entitlements as set forth in this Agreement.
Appears in 1 contract
Samples: Executive Employment Agreement (Western Magnesium Corp.)
General Termination Provisions. (a) Upon the death or disability diagnosed by a licensed physician of the Executive such that, in the view of the Company’s directors other than the Executive, the Executive is not able to carry out his essential job functions, the Company may terminate the Executive’s employment by providing the Executive or his estate with pay and severance pay, if applicable, in the amount of six (6) months’ Base Salary payable monthly, and conditioned on the effectiveness of a Release. Prior to terminating the Executive under this Subsection 6.4(a), the Company will make reasonable accommodation necessary to enable the Executive to perform his essential job functions unless providing such accommodation would pose an undue hardship on the Company. The terms “essential job functions,” reasonable accommodation,” and “undue hardship” as they are used in this Subsection 6.4(a) shall be defined as in the Americans with Disabilities Act of 1990.
(b) Upon termination for any reason, Executive shall receive accrued but unpaid wages through the date of termination, any unreimbursed expenses as required under this Agreement, and any other amounts as required by law.
(c) Upon termination of the Executive’s employment for any reason, the Executive shall immediately resign as director and from all offices which he holds with the Company, its affiliates, and its subsidiaries. The Executive understands and agrees that he will not be entitled to receive any further notice, payment in lieu of notice, severance pay, benefits, compensation, or damages of any kind, whether at common law or otherwise, other than the entitlements as set forth in this Agreement.
Appears in 1 contract
Samples: Executive Employment Agreement (Western Magnesium Corp.)