Common use of Notice and Date of Termination Clause in Contracts

Notice and Date of Termination. Any termination by the Company or by the Executive during the Employment Period shall be communicated by a notice of termination to the other party hereto given in accordance with Section 11(b) of this Agreement (the “Notice of Termination”). The Notice of Termination shall indicate the specific termination provision in this Agreement relied upon, and to the extent applicable, set forth in reasonable detail all of the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated. The date of the Executive’s termination of employment with the Company (the “Date of Termination”) shall be determined as follows: (i) if the Executive’s employment is terminated by the Company other than for Cause or Disability, the date specified in the Notice of Termination, (ii) if the Executive resigns other than for Good Reason, the later of the date specified in the Notice of Termination or ten days following the date such notice is received by the Company, (iii) if the Executive resigns for Good Reason, ten days following the date the Notice of Termination is received by the Company, (iv) if the Executive’s employment is terminated by the Company for Cause, the later of the date specified in the Notice of Termination or ten days following the date such notice is received by the Executive, (v) if the Executive’s employment is terminated as the result of his death, the date of death, and (vi) if the Executive’s employment is terminated by reason of Disability, thirty days following the date the Notice of Termination is received by the Executive, provided that the Executive shall not have returned to perform his duties in accordance with Section 2 during such thirty day period. In the event the Executive or the Company fails to set forth in the Notice of Termination any fact or circumstance which could provide or support a basis for termination, the Executive or the Company, as the case may be, shall have waived all of its rights hereunder and be precluded from asserting such fact or circumstance at a later date in support of the Executive’s or the Company’s rights hereunder.

Notice and Date of Termination. (a) Any termination of the Executive's employment hereunder by the Company or by the Executive during (other than termination due to the Employment Period Executive's death) shall be communicated by a notice written "Notice of termination Termination" to the other party hereto given Party in accordance with Section 11(b) of this Agreement (the “Notice of Termination”)11 hereof. The A Notice of Termination shall indicate the specific termination provision in this Agreement of Section 6 relied upon, upon and to the extent applicable, shall set forth in reasonable detail all of the facts and circumstances claimed to provide a basis for termination of the Executive’s 's employment under the provision so indicated. The date of the Executive’s termination of employment with the Company . (the “b) Date of Termination”) " shall be determined as follows: mean (i) if If the Executive resigns, the date that the Executive sets forth as his last day, but not later than 30 days after the date Executive sends the Notice and, subject to Company’s right to accelerate the Date of Termination to any earlier date; (ii) If the Executive’s 's employment hereunder is terminated by the Company other than for Cause or DisabilityCompany, the date specified in the Notice of Termination, (ii) if the Executive resigns other than for Good Reason, the later of the which shall be such date specified in the Notice of Termination or ten days following the date such notice is received determined by the Company; provided, (iii) however, that if the Executive resigns for Good Reason, ten days following the date the Notice of Termination is received by the Company, (iv) if the Executive’s employment is terminated such termination by the Company is for Cause, the Date of Termination shall not be earlier than the expiration of any applicable remedy period and no later of the date specified in than 60 days following the Notice of Termination or ten days following Termination; (iii) If the Executive's employment hereunder is terminated due to the Executive becoming Permanently Disabled, the date such notice is received by the Company reasonably determines that he has become Permanently Disabled; (iv) If the Executive, (v) if the Executive’s 's employment hereunder is terminated as the result of his due to death, the date of death, and ; or (viv) if If the Executive’s 's employment hereunder is terminated by reason of Disabilitythe expiration of the Employment Period, thirty days following the date the Notice of Termination is received by the Executive, provided that the Executive shall not have returned to perform his duties in accordance with Section 2 during such thirty day period. In the event the Executive determined or the Company fails to set forth in the Notice of Termination any fact or circumstance which could provide or support a basis for termination, the Executive or the Company, as the case may be, shall have waived all of its rights hereunder and be precluded from asserting such fact or circumstance at a later date in support of the Executive’s or the Company’s rights hereunderSection 1.

Notice and Date of Termination. Any termination by the Company or by the Executive during the Employment Period shall be communicated by a notice of termination to the other party hereto given in accordance with Section 11(b) of this Agreement (the “Notice of Termination”). The Notice of Termination shall indicate the specific termination provision in this Agreement relied upon, and to the extent applicable, set forth in reasonable detail all of the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated. The date of the Executive’s termination of employment with the Company (the “Date of Termination”) shall be determined as follows: (i) if the Executive’s employment is terminated by the Company other than for Cause or Disability, the date specified in the Notice of Termination, (ii) if the Executive resigns other than for Good Reason, the later of the date specified in the Notice of Termination or ten days following the date such notice is received by the Company, (iii) if the Executive resigns for Good Reason, ten days following the date the Notice of Termination is received by the Company, (iv) if the Executive’s employment is terminated by the Company for Cause, the later of the date specified in the Notice of Termination or ten days following the date such notice is received by the Executive, (v) if the Executive’s employment is terminated as the result of his her death, the date of death, and (vi) if the Executive’s employment is terminated by reason of Disability, thirty days following the date the Notice of Termination is received by the Executive, provided that the Executive shall not have returned to perform his duties in accordance with Section 2 during such thirty day period. In the event the Executive or the Company fails to set forth in the Notice of Termination any fact or circumstance which could provide or support a basis for termination, the Executive or the Company, as the case may be, shall have waived all of its rights hereunder and be precluded from asserting such fact or circumstance at a later date in support of the Executive’s or the Company’s rights hereunder.