Common use of Notice and Date of Termination Clause in Contracts

Notice and Date of Termination. 3.1. Any termination of the Executive’s employment by the Company or by the Executive shall be communicated by a written notice of termination to the other party (the “Notice of Termination”). Where applicable, the Notice of Termination shall indicate the specific termination provision in this Agreement relied upon and shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated. Unless the Board determines otherwise, a Notice of Termination by the Executive alleging a termination for Good Reason must be made within 90 days of the initial instance, or the initial instance which should reasonably have been known to the Executive, of an act or failure to act that the Executive alleges to constitute Good Reason. 3.2. The date of the Executive’s termination of employment with the Company (the “Date of Termination”) shall be determined as follows: 3.2.1. If due to Company terminating the Executive’s employment, either with or without Cause, the Date of Termination shall be the date specified in the Notice of Termination; if for other than Cause, the Date of Termination shall not be less than two (2) weeks from the date such Notice of Termination is given, unless the Company elects to pay the Executive for that period in lieu of notice. 3.2.2. If due to death, the Date of Termination is the date of death. 3.2.3. If the basis of the Executive’s Involuntary Termination is the Executive’s resignation for Good Reason, the Date of Termination shall be determined by the Company, but shall not be less than two (2) weeks nor more than eight (8) weeks form the date such Notice of Termination is given.

Appears in 3 contracts

Samples: Separation Pay Agreement (Wright Medical Group Inc), Separation Pay Agreement (Wright Medical Group Inc), Separation Pay Agreement (Wright Medical Group Inc)

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Notice and Date of Termination. 3.1. Any termination of the Executive’s employment by the Company Company, or by the Executive Executive, shall be communicated by a written notice Notice of termination Termination to the other party (the given in accordance with Section 7 hereof. For purposes of this Agreement, a “Notice of Termination”). Where applicable, the Notice of Termination shall indicate ” is a written notice which indicates the specific termination provision in this Agreement relied upon and shall set sets forth such additional information as may be required in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated. Unless the Board determines otherwiseSection 4.2 or Section 4.3 hereof, a Notice of Termination by the Executive alleging a termination for Good Reason must be made within 90 days of the initial instance, or the initial instance which should reasonably have been known to the Executive, of an act or failure to act that the Executive alleges to constitute Good Reason. 3.2extent applicable. The date of the Executive’s termination of employment with the Company (the “Date of Termination” means (i) shall be determined as follows: 3.2.1. If due to Company terminating the if Executive’s employment, either with or without employment is terminated by the Company for Cause, the Date of Termination shall be as of the date specified in of Executive’s receipt of the Company’s Notice of Termination, subject to any applicable cure period; (ii) if for other than Cause, the Date of Termination shall not be less than two (2) weeks from the date such Notice of Termination is given, unless the Company elects to pay the Executive for that period in lieu of notice. 3.2.2. If due to death, the Date of Termination is the date of death. 3.2.3. If the basis of the Executive’s Involuntary Termination employment is the Executive’s resignation terminated by Executive for Good Reason, the Date of Termination shall be determined the last day of the 45 day period after delivery of Executive’s Notice of Termination; (iii) if Executive’s employment is terminated by reason of death of the Executive, the date of death shall be the Date of Termination; (iv) if the Executive’s employment is terminated by reason of Disability, the Date of Termination shall be the date of determination of Disability by the Board; (v) if the Executive’s employment is terminated by the Company other than for Cause, death, Disability or Retirement, the Date of Termination shall be the date of receipt of the Notice of Termination by Executive; or (vi) if the Executive terminates his employment other than for Good Reason, the Date of Termination shall be date of receipt of the Notice of Termination by the Company, but shall not be less than two (2) weeks nor more than eight (8) weeks form the date such Notice of Termination is given.

Appears in 2 contracts

Samples: Employment Agreement (Ascent Solar Technologies, Inc.), Employment Agreement (Ascent Solar Technologies, Inc.)

Notice and Date of Termination. 3.1. Any termination of the Executive’s employment by the Company Company, or by the Executive Executive, shall be communicated by a written notice Notice of termination Termination to the other party (the given in accordance with Section 10 hereof. For purposes of this Agreement, a “Notice of Termination”). Where applicable, the Notice of Termination shall indicate ” is a written notice which indicates the specific termination provision in this Agreement relied upon and shall set sets forth such additional information as may be required in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated. Unless the Board determines otherwiseSection 4.2 or Section 4.3 hereof, a Notice of Termination by the Executive alleging a termination for Good Reason must be made within 90 days of the initial instance, or the initial instance which should reasonably have been known to the Executive, of an act or failure to act that the Executive alleges to constitute Good Reason. 3.2extent applicable. The date of the Executive’s termination of employment with the Company (the “Date of Termination” means (i) shall be determined as follows: 3.2.1. If due to Company terminating the if Executive’s employment, either with or without employment is terminated by the Company for Cause, the Date of Termination shall be as of the date specified in of Executive’s receipt of the Company’s Notice of Termination, subject to any applicable cure period; (ii) if for other than Cause, the Date of Termination shall not be less than two (2) weeks from the date such Notice of Termination is given, unless the Company elects to pay the Executive for that period in lieu of notice. 3.2.2. If due to death, the Date of Termination is the date of death. 3.2.3. If the basis of the Executive’s Involuntary Termination employment is the Executive’s resignation terminated by Executive for Good Reason, the Date of Termination shall be determined the last day of the 45 day period after delivery of Executive’s Notice of Termination; (iii) if Executive’s employment is terminated by reason of death of the Executive, the date of death shall be the Date of Termination; (iv) if the Executive’s employment is terminated by reason of Disability, the Date of Termination shall be the date of determination of Disability by the Board; (v) if the Executive’s employment is terminated by the Company other than for Cause, death, Disability or Retirement, the Date of Termination shall be the date of receipt of the Notice of Termination by Executive; or (vi) if the Executive terminates his employment other than for Good Reason, the Date of Termination shall be date of receipt of the Notice of Termination by the Company, but shall not be less than two (2) weeks nor more than eight (8) weeks form the date such Notice of Termination is given.

Appears in 2 contracts

Samples: Employment Agreement (Ascent Solar Technologies, Inc.), Employment Agreement (Ascent Solar Technologies, Inc.)

Notice and Date of Termination. 3.1. Any termination of the Executive’s employment by the Company ProAssurance, or by the Executive Executive, shall be communicated by a written notice Notice of termination Termination to the other party (the “given in accordance with Section 9 hereof. For purposes of this Agreement, a "Notice of Termination”). Where applicable, the Notice of Termination shall indicate " is a written notice which indicates the specific termination provision in this Agreement relied upon and shall set sets forth such additional information as may be required in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated. Unless the Board determines otherwiseSection 4.2 or Section 4.3 hereof, a Notice of Termination by the Executive alleging a termination for Good Reason must be made within 90 days of the initial instance, or the initial instance which should reasonably have been known to the Executive, of an act or failure to act that the Executive alleges to constitute Good Reason. 3.2extent applicable. The date of the Executive’s termination of employment with the Company (the “"Date of Termination" means (i) shall be determined as follows: 3.2.1. If due to Company terminating the if Executive’s employment, either with or without 's employment is terminated by ProAssurance for Cause, the Date of Termination shall be as of the date specified in the of Executive's receipt of ProAssurance's Notice of Termination; (ii) if for other than Cause, the Date of Termination shall not be less than two (2) weeks from the date such Notice of Termination Executive's employment is given, unless the Company elects to pay the terminated by Executive for that period in lieu of notice. 3.2.2. If due to death, the Date of Termination is the date of death. 3.2.3. If the basis of the Executive’s Involuntary Termination is the Executive’s resignation for Good Reason, the Date of Termination shall be determined by the Companylast day of the 45 day period after delivery of Executive's Notice of Termination (or, but if earlier, upon receipt a written notice stating that the circumstances cannot or shall not be less than two rectified); (2iii) weeks nor more than eight (8) weeks form if Executive's employment is terminated by reason of death of the Executive, the date such of death shall be the Date of Termination; (iv) if the Executive's employment is terminated by reason of Disability, the Date of Termination shall be the date of determination of Disability by the Board; (v) if the Executive's employment is terminated by ProAssurance other than for Cause, death, Disability or Retirement, the Date of Termination shall be the date of receipt of the Notice of Termination is givenby Executive; or (vi) if the Executive terminates his employment other than for Good Reason, the Date of Termination shall be date of receipt of the Notice of Termination by ProAssurance (unless otherwise mutually agreed by the parties).

Appears in 1 contract

Samples: Employment Agreement (Proassurance Corp)

Notice and Date of Termination. Xxxxxx Medical Technology, Inc. Separation Pay Agreement CONFIDENTIAL 3.1. Any termination of the Executive’s employment by the Company or by the Executive shall be communicated by a written notice of termination to the other party (the “Notice of Termination”). Where applicable, the Notice of Termination shall indicate the specific termination provision in this Agreement relied upon and shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated. Unless the Board determines otherwise, a Notice of Termination by the Executive alleging a termination for Good Reason must be made within 90 days of the initial instance, or the initial instance which should reasonably have been known to the Executive, of an act or failure to act that the Executive alleges to constitute Good Reason. 3.2. The date of the Executive’s termination of employment with the Company (the “Date of Termination”) shall be determined as follows: 3.2.1. If due to Company terminating the Executive’s employment, either with or without Cause, the Date of Termination shall be the date specified in the Notice of Termination; if for other than Cause, the Date of Termination shall not be less than two (2) weeks from the date such Notice of Termination is given, unless the Company elects to pay the Executive for that period in lieu of notice. 3.2.2. If due to death, the Date of Termination is the date of death. 3.2.3. If the basis of the Executive’s Involuntary Termination is the Executive’s resignation for Good Reason, the Date of Termination shall be determined by the Company, but shall not be less than two (2) weeks nor more than eight (8) weeks form the date such Notice of Termination is given.

Appears in 1 contract

Samples: Separation Pay Agreement (Wright Medical Group Inc)

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Notice and Date of Termination. 3.1. Any termination of the Executive’s 's employment by the Company or by the Executive shall be communicated by a written notice of termination to the other party (the "Notice of Termination"). Where applicable, the Notice of Termination shall indicate the specific termination provision in this Agreement relied upon and shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s 's employment under the provision so indicated. Unless the Board determines otherwise, a Notice of Termination by the Executive alleging a termination for Good Reason must be made within 90 180 days of the initial instance, or the initial instance which should reasonably have been known to the Executive, of an act or failure to act that the Executive alleges to constitute Good Reason. 3.2. The date of the Executive’s 's termination of employment with the Company (the "Date of Termination") shall be determined as follows: 3.2.1. If due to Company terminating : (i) if the Executive’s employment's employment is terminated by the Company, either with or without Cause, the Date of Termination shall be the date specified in the Notice of Termination; if for Termination (which, in the case of a termination by the Company other than for Cause, the Date of Termination shall not be less than two (2) weeks from the date such Notice of Termination is given, given unless the Company elects to pay the Executive for that period Executive, in lieu addition to any other amounts payable hereunder, an amount equal to two (2) weeks of notice. 3.2.2. If due to death, the Executive's Annual Base Salary in effect on the Date of Termination is the date of death. 3.2.3. If Termination), and (ii) if the basis of for the Executive’s 's Involuntary Termination is the Executive’s his resignation for Good Reason, the Date of Termination shall be determined by the Company, but shall not in any event be less than two fifteen (215) weeks days nor more than eight sixty (8) weeks form 60) days from the date such Notice of Termination is given.

Appears in 1 contract

Samples: Severance Pay Agreement (Sempra Energy)

Notice and Date of Termination. 3.1. Any termination of the Executive’s employment by the Company ProAssurance, or by the Executive Executive, shall be communicated by a written notice Notice of termination Termination to the other party (the given in accordance with Section 10 hereof. For purposes of this Agreement, a “Notice of Termination”). Where applicable, the Notice of Termination shall indicate ” is a written notice which indicates the specific termination provision in this Agreement relied upon and shall set sets forth such additional information as may be required in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated. Unless the Board determines otherwiseSection 4.2, a Notice of Termination by the Executive alleging a termination for Good Reason must be made within 90 days of the initial instanceSection 4.3 or Section 4.4 hereof, or the initial instance which should reasonably have been known to the Executive, of an act or failure to act that the Executive alleges to constitute Good Reason. 3.2extent applicable. The date of the Executive’s termination of employment with the Company (the “Date of Termination” means (i) shall be determined as follows: 3.2.1. If due to Company terminating the if Executive’s employment, either with or without employment is terminated by ProAssurance for Cause, the Date of Termination shall be as of the date specified in the of Executive’s receipt of ProAssurance’s Notice of Termination; (ii) if for other than Cause, the Date of Termination shall not be less than two (2) weeks from the date such Notice of Termination is given, unless the Company elects to pay the Executive for that period in lieu of notice. 3.2.2. If due to death, the Date of Termination is the date of death. 3.2.3. If the basis of the Executive’s Involuntary Termination employment is the Executive’s resignation terminated by Executive for Good Reason, the Date of Termination shall be determined the last day of the 45 day period after delivery of Executive’s Notice of Termination; (iii) if Executive’s employment is terminated by reason of death of the Executive, the date of death shall be the Date of Termination; (iv) if the Executive’s employment is terminated by reason of Disability, the Date of Termination shall be the date of determination of Disability by the CompanyBoard of Directors of ProAssurance ; (v) if the Executive’s employment is terminated by ProAssurance other than for Cause, but death, or Disability , the Date of Termination shall not be less than two (2) weeks nor more than eight (8) weeks form the date such of receipt of the Notice of Termination is givenby Executive; or (vii) if the Executive terminates his employment other than for Good Reason, including termination by the Executive for Health Reasons, the Date of Termination shall be date of receipt of the Notice of Termination by ProAssurance.

Appears in 1 contract

Samples: Employment Agreement (Proassurance Corp)

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