Notice and Opportunity to Cure. Notwithstanding the provisions of Sections 4(a) and 4(b) hereof, it shall be a condition precedent to the Company's right to terminate the Executive's employment for "cause" and the Executive's right to terminate his employment for "good reason" that (1) the party seeking the termination shall first have given the other party written notice stating with reasonable specificity the reason for the termination ("breach") and (2) if such breach is susceptible of cure or remedy, a period of thirty days from and after the giving of such notice shall have elapsed without the breaching party having effectively cured or remedied such breach during such 30-day period, unless such breach cannot be cured or remedied within thirty days, in which case the period for remedy or cure shall be extended for a reasonable time (not to exceed an additional thirty days) provided the breaching party has made and continues to make a diligent effort to effect such remedy or cure. Notwithstanding anything to the contrary contained herein, the right to cure set forth in this Section 4(c) shall not apply if there are habitual or repeated breaches by either party.
Appears in 5 contracts
Samples: Release Agreement (MTM Technologies, Inc.), Employment Agreement (MTM Technologies, Inc.), Employment Agreement (Micros to Mainframes Inc)
Notice and Opportunity to Cure. Notwithstanding the provisions of Sections 4(a) and 4(b) hereof, it It shall be a condition precedent to the Company's right to terminate the Executive's employment for "cause" and the Executive's right to terminate his employment for "good reason" that (1) the party seeking the termination shall first have given the other party written notice stating with reasonable specificity the reason for the termination ("breach") and (2) if such breach is susceptible of cure or remedy, a period of thirty ten (10) days from and after the giving of such notice shall have elapsed without the breaching party having effectively cured or remedied such breach during such 3010-day period, unless such breach cannot be cured or remedied within thirty ten (10) days, in which case the period for remedy or cure shall be extended for a reasonable time (not to exceed an additional thirty ten (10) days) provided the breaching party has made and continues to make a diligent effort to effect such remedy or cure. Notwithstanding anything to the contrary contained hereinin this Agreement, the right to cure set forth in this parties agree that any breach, event, crime, behavior, action, inaction or occurrence constituting "cause" (or which would constitute "cause" after the giving of notice) under Section 4(c4.a. (1), (2), (5), (6) or (7) shall not apply if there are habitual under any circumstances be susceptible or repeated breaches by either partycapable of cure or remedy under this Section 4.c.
Appears in 4 contracts
Samples: Employment Agreement (U S Wireless Data Inc), Employment Agreement (U S Wireless Data Inc), Employment Agreement (U S Wireless Data Inc)
Notice and Opportunity to Cure. Notwithstanding the provisions of Sections 4(a) and 4(b) hereof, it shall be a condition precedent to the Company's ’s right to terminate the Executive's ’s employment for "“cause" ” and the Executive's ’s right to terminate his employment for "“good reason" ” that (1) the party seeking the termination shall first have given the other party written notice stating with reasonable specificity the reason for the termination ("“breach"”) and (2) if such breach is susceptible of cure or remedy, a period of thirty days from and after the giving of such notice shall have elapsed without the breaching party having effectively cured or remedied such breach during such 30-day period, unless such breach cannot be cured or remedied within thirty days, in which case the period for remedy or cure shall be extended for a reasonable time (not to exceed an additional thirty days) provided the breaching party has made and continues to make a diligent effort to effect such remedy or cure. Notwithstanding anything to the contrary contained herein, the right to cure set forth in this Section 4(c) shall not apply if there are habitual or repeated breaches by either party.
Appears in 4 contracts
Samples: Employment Agreement (Micros to Mainframes Inc), Employment Agreement (Micros to Mainframes Inc), Employment Agreement (Micros to Mainframes Inc)
Notice and Opportunity to Cure. Notwithstanding the provisions of Sections 4(a) and 4(b) hereofforegoing, it ------------------------------ shall be a condition precedent to the Company's right to terminate the Executive's employment for "cause" and the Executive's right to terminate his employment for "good reason" (other than pursuant to Section 4(b)(iii) hereof) that (1) the party seeking the termination shall first have given the other party written notice stating with reasonable specificity the reason for the termination ("breach") and (2) if such breach is susceptible of cure or remedy, a period of thirty 30 days from and after the giving of such notice shall have elapsed without the breaching party having effectively cured or remedied such breach during such 30-30- day period, unless such breach cannot be cured or remedied within thirty 30 days, in which case the period for remedy or cure shall be extended for a reasonable time (not to exceed an additional thirty 30 days) provided the breaching party has made and continues to make a diligent effort to effect such remedy or cure. Notwithstanding anything to the contrary contained herein, the right to cure set forth in this Section 4(c) shall not apply if there are habitual or repeated breaches by either party.
Appears in 2 contracts
Samples: Employment Agreement (Smartalk Teleservices Inc), Employment Agreement (Smartalk Teleservices Inc)
Notice and Opportunity to Cure. Notwithstanding the provisions of Sections 4(a) and 4(b) hereofforegoing, it ------------------------------ shall be a condition precedent to the Company's right to terminate the Executive's employment for "cause" and the Executive's right to terminate his employment for "good reason" that (1) the party seeking the termination shall first have given the other party written notice stating with reasonable specificity the reason for the termination ("breach") and (2) if such breach is susceptible of cure or remedy, a period of thirty 30 days from and after the giving of such notice shall have elapsed without the breaching party having effectively cured or remedied such breach during such 30-day period, unless such breach cannot be cured or remedied within thirty 30 days, in which case the period for remedy or cure shall be extended for a reasonable time (not to exceed an additional thirty 30 days) provided the breaching party has made and continues to make a diligent effort to effect such remedy or cure. Notwithstanding anything to the contrary contained herein, the right The notice and opportunity to cure set forth described in this Section 4(c) shall not apply if there are habitual or repeated breaches be required for a termination by either partythe Executive for "good reason" pursuant to Section 4(b)(iii).
Appears in 1 contract
Notice and Opportunity to Cure. Notwithstanding the provisions of Sections 4(a) and 4(b) hereofforegoing, it ------------------------------ shall be a condition precedent to the Company's right to terminate the Executive's Xxxxxxx' employment for "cause" under Section 5(a) and the Executive's Xxxxxxx' right to terminate his employment for "good adequate reason" under Section 5(b) that (1) the party seeking the termination shall first have given the other party written notice stating with reasonable specificity the reason for the termination ("breach") and (2) if such ------ breach is susceptible of to cure or remedy, a period of thirty (30) days from and after the giving of such notice shall have elapsed without the breaching party having effectively cured or remedied such breach during such 30-day period, unless such breach cannot be cured or remedied within thirty (30) days, in which case the period for remedy or cure shall be extended for a reasonable time (not to exceed an additional thirty (30) days) provided the breaching party has made and continues to make a diligent effort to effect such remedy or cure. Notwithstanding anything to the contrary contained herein, the right to cure set forth in this Section 4(c) shall not apply if there are habitual or repeated breaches by either party.
Appears in 1 contract
Notice and Opportunity to Cure. Notwithstanding the provisions of Sections 4(a) and 4(b) hereofforegoing, it shall be a condition precedent to the Company's right to terminate the ExecutiveMr. Kuykendall's employment for "cause" Cause and the Executive's right to Mr. Kuykexxxxx'x xxxxx xx terminate his employment for "good reason" that Good Reason xxxx (1x) the party xxx xxrty seeking the termination shall first have given the other party written notice stating with reasonable specificity the reason for the termination ("breach") and (2ii) if such breach is susceptible of cure or remedy, a period of thirty fifteen (15) days from and after the giving of such notice shall have elapsed without the breaching party having effectively cured or remedied such breach during such 3015-day period, unless such breach cannot be cured or remedied within thirty fifteen (15) days, in which case the period for remedy or cure shall be extended for a reasonable time (not to exceed an additional thirty (30) days) provided the breaching party has made and continues to make a diligent effort to effect such remedy or cure. Notwithstanding anything to the contrary contained herein, the right to cure set forth in this Section 4(c) shall not apply if there are habitual or repeated breaches by either party.
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Notice and Opportunity to Cure. Notwithstanding the provisions of Sections 4(a) and 4(b) hereofforegoing, it shall be a condition precedent to the CompanyPolaroid's right to terminate the Executive's employment for "cause" Cause, and the Executive's right to terminate his employment for "good reason" Good Reason, that (1) the party Party seeking the termination shall first have given the other party Party written notice stating with reasonable specificity the reason for the termination ("breach"); (2) if the Executive is terminated for Cause, Polaroid provides the Executive the written notice described in (1) at least 10 days before the Board meeting called to make such determination and the Executive and his counsel are given the opportunity to answer such grounds for termination in writing, delivered to the Chairman of the Board, before a Board vote on the existence of Cause; and (23) if such breach is susceptible of cure or remedy, a period of thirty 30 days from and after the giving of such notice shall have elapsed without the breaching party Party having effectively cured or remedied such breach during such 30-day period, unless such breach cannot be cured or remedied within thirty 30 days, in which case the period for remedy or cure shall be extended for a reasonable time (not to exceed an additional thirty 30 days) ), provided the breaching party Party has made and continues to make a diligent effort to effect such remedy or cure. Notwithstanding anything to the contrary contained herein, the right to cure set forth in this Section 4(c) shall not apply if there are habitual or repeated breaches by either party.
Appears in 1 contract
Notice and Opportunity to Cure. Notwithstanding the provisions of Sections 4(a) and 4(b) hereofforegoing, it shall be a condition precedent to the Company's right to terminate the Executive's employment for "cause" and the Executive's right to terminate his employment for "good reason" that (1) the party seeking the termination shall first have given the other party written notice stating with reasonable specificity the reason for the termination ("breach"); (2) if the Company is asserting that it has "cause" to terminate the Executive, the Company shall provide to the Executive an opportunity to appear before the Board to answer such grounds for termination; and (23) if such breach is susceptible of cure or remedy, a period of thirty 30 days from and after the giving of such notice shall have elapsed without the breaching party having effectively cured or remedied such breach during such 30-day period, unless (i) such breach is a breach pursuant to Section 4(b)(ii) hereof, in which case the 30 day period shall be reduced to 5 days, or (ii) such breach cannot be cured or remedied within thirty 30 days, in which case the period for remedy or cure shall be extended for a reasonable time (not to exceed an additional thirty 30 days) ), provided the breaching party has made and continues to make a diligent effort to effect such remedy or cure. Notwithstanding anything to the contrary contained herein, the right to cure set forth in this Section 4(c) shall not apply if there are habitual or repeated breaches by either party.
Appears in 1 contract
Samples: Employment Agreement (Condor Technology Solutions Inc)