Common use of No Assumption by Successor Clause in Contracts

No Assumption by Successor. The failure of the Corporation to obtain a satisfactory agreement from a successor to assume and agree to perform this Agreement as contemplated by Section 7.0 hereof, or if the business or undertaking in connection with which the Executive’s services are principally performed is sold at any time after a Change in Control and the Executive’s employment is transferred as a result, the purchaser of such business shall fail to agree to provide the Executive with the same or a comparable position, duties, compensation and benefits, as described in paragraphs (d) and (e) above, as provided to the Executive by the Corporation immediately prior to the Change in Control;

Appears in 7 contracts

Samples: Change in Control Agreement (Encana Corp), Change in Control Agreement (Encana Corp), Change in Control Agreement (Encana Corp)

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No Assumption by Successor. The failure of the Corporation to obtain a satisfactory agreement from a successor to assume and agree to perform this Agreement as contemplated by Section 7.0 hereofAgreement. Alternatively, or if the business or undertaking in connection with which the Executive’s services are principally performed is sold at any time after a Change in of Control occurs, and the Executive’s employment is transferred as a result, the failure or refusal of the purchaser of such business shall fail to agree or undertaking to provide the Executive with the same or a comparable position, duties, compensation and benefits, as described in paragraphs (div) and (ev) above, as provided to the Executive by the Corporation immediately prior to the a Change in of Control;

Appears in 2 contracts

Samples: Change of Control Agreement (Nexen Inc), Change of Control Agreement (Nexen Inc)

No Assumption by Successor. The failure of the Corporation to obtain a satisfactory agreement from a successor to assume and agree to perform this Agreement as contemplated by Section 7.0 8.0 hereof, or if the business or undertaking in connection with which the Executive’s 's services are principally performed is sold at any time after a Change in Control and the Executive’s 's employment is transferred as a result, the purchaser of such business shall fail to agree to provide the Executive with the same or a comparable position, duties, compensation and benefits, as described in paragraphs (d) and (e) above, as provided to the Executive by the Corporation immediately prior to the Change in Control;

Appears in 1 contract

Samples: Change in Control Agreement (Fairmont Hotels & Resorts Inc)

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No Assumption by Successor. The failure of the Corporation to obtain a satisfactory agreement from a successor to assume and agree to perform this Agreement as contemplated by Section 7.0 hereofRestated Agreement. Alternatively, or if the business or undertaking in connection with which the Executive’s services are principally performed is sold at any time after a Change in of Control occurs, and the Executive’s employment is transferred as a result, the failure or refusal of the purchaser of such business shall fail to agree or undertaking to provide the Executive with the same or a comparable position, duties, compensation and benefits, as described in paragraphs (div) and (ev) above, as provided to the Executive by the Corporation immediately prior to the a Change in of Control;

Appears in 1 contract

Samples: Executive Benefit Plan Entitlements (Nexen Inc)

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