Notice and Opportunity to Cure. Notwithstanding the foregoing, 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 specificity the reason for the termination ("breach"); (2) if the Executive is terminated for "cause," the Company provides the Executive an opportunity to appear before the Board to answer such grounds for termination; and (3) if such breach is susceptible of cure or remedy, a period of 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 30 days, in which case the period for remedy or cure shall be extended for a reasonable time (not to exceed an additional 30 days), provided the breaching party has made and continues to make a diligent effort to effect such remedy or cure.
Appears in 4 contracts
Samples: Employment Agreement (Condor Technology Solutions Inc), Employment Agreement (Condor Technology Solutions Inc), Employment Agreement (Condor Technology Solutions Inc)
Notice and Opportunity to Cure. Notwithstanding the foregoing, ------------------------------ 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 specificity the reason for the termination ("breach"); ) and (2) if the Executive is terminated for "cause," the Company provides the Executive an opportunity to appear before the Board to answer such grounds for termination; and (3) if such breach is susceptible of cure or remedy, a period of 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 30 days, in which case the period for remedy or cure shall be extended for a reasonable time (not to exceed an additional 30 days), ) provided the breaching party has made and continues to make a diligent effort to effect such remedy or cure.
Appears in 4 contracts
Samples: Employment Agreement (Smartalk Teleservices Inc), Employment Agreement (Smartalk Teleservices Inc), Employment Agreement (Smartalk Teleservices Inc)
Notice and Opportunity to Cure. Notwithstanding the foregoing, 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 specificity the reason for the termination ("breach"); (2) if the Executive Company is terminated for asserting that it has "cause," to terminate the Executive, the Company provides shall provide to the Executive an opportunity to appear before the Board to answer such grounds for termination; and (3) if such breach is susceptible of cure or remedy, a period of 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 30 days, in which case the period for remedy or cure shall be extended for a reasonable time (not to exceed an additional 30 days), provided the breaching party has made and continues to make a diligent effort to effect such remedy or cure.
Appears in 2 contracts
Samples: Employment Agreement (Condor Technology Solutions Inc), Employment Agreement (Condor Technology GRP)
Notice and Opportunity to Cure. Notwithstanding the foregoing, it shall be a condition precedent to the Company'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 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 the Executive is terminated for "cause," the Company provides the Executive an opportunity to appear before the Board to answer such grounds for termination; and (3) if such breach is susceptible of cure or remedy, a period of 30 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 30 thirty days, in which case the period for remedy or cure shall be extended for a reasonable time (not to exceed an additional 30 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 2 contracts
Samples: Employment Agreement (National Atlantic Holdings Corp), Employment Agreement (National Atlantic Holdings Corp)
Notice and Opportunity to Cure. Notwithstanding the foregoing, it shall be a condition precedent to the Company's Employer’s right to terminate the Executive's ’s employment for "cause" “Cause” and the Executive's ’s right to terminate his employment for "good reason" “Good Reason” that (1i) the party seeking the termination alleging a breach shall first have given the other party written notice stating with specificity the reason for the termination ("“breach"); (2”) if the Executive is terminated for "cause," the Company provides the Executive an opportunity to appear before the Board to answer such grounds for termination; and (3ii) if such breach is susceptible of cure or remedy, a period of 30 days from and after the giving of such notice shall have elapsed without to cure the breaching party having effectively cured or remedied such breach during such 30-day period, unless such breach. If the breach cannot reasonably be cured or remedied within 30 days, in which case the period for remedy or cure shall be extended for a reasonable time (not to exceed an additional 30 days), provided the breaching party against whom a breach is alleged has made and continues to make a diligent effort to effect such remedy or cure. In no event may Executive resign for “Good Reason” as a result of a given event or circumstance more than two years after the event or circumstance giving rise to such “Good Reason” claim has occurred.
Appears in 1 contract
Notice and Opportunity to Cure. Notwithstanding the foregoing, 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 specificity the reason for the termination ("breach"); (2) if the Executive is terminated for "cause," the Company provides the Executive an opportunity to appear before the Board to answer such grounds ground for termination; and (3) if such breach is susceptible of cure or remedy, a period of 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 30 days, in which case the period for remedy or cure shall be extended for a reasonable time (not to exceed an additional 30 days), provided the breaching party has made and continues to make a diligent effort to effect such remedy or cure.
Appears in 1 contract
Notice and Opportunity to Cure. Notwithstanding the foregoing, ------------------------------ 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 her employment for "good reason" that (1) the party seeking the termination shall first have given the other party written notice stating with specificity the reason for the termination ("breach"); ) and (2) if the Executive is terminated for "cause," the Company provides the Executive an opportunity to appear before the Board to answer such grounds for termination; and (3) if such breach is susceptible of cure or remedy, a period of 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 30 days, in which case the period for remedy or cure shall be extended for a reasonable time (not to exceed an additional 30 days), ) provided the breaching party has made and continues to make a diligent effort to effect such remedy or cure.
Appears in 1 contract
Notice and Opportunity to Cure. Notwithstanding the foregoing, 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 specificity the reason for the termination ("breach"); ) and (2) if the Executive is terminated for "cause," the Company provides the Executive an opportunity to appear before the Board to answer such grounds for termination; and (3) if such breach is susceptible of cure or remedyremedy (other than a breach of Section 4(b)(v) as to which there shall be no cure period), a period of 30 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 30 thirty days, in which case the period for remedy or cure shall be extended for a reasonable time (not to exceed an additional 30 thirty days), ) provided the breaching party has made and continues to make a diligent effort to effect such remedy or cure.
Appears in 1 contract
Samples: Employment Agreement (Andrew Corp)
Notice and Opportunity to Cure. Notwithstanding the foregoing, ------------------------------ it shall be a condition precedent to the CompanyCorporation's right to terminate the ExecutiveEmployee's employment for "cause" and the Executive's right to terminate his employment for "good reason" that (1) the party seeking the termination Corporation shall first have given the other party Employee written notice stating with specificity the reason for the termination ("breach"); (2) if the Executive is terminated for "cause," the Company Corporation provides the Executive Employee an opportunity to appear before the Board to answer such grounds for of termination; and (3) if such breach is susceptible of cure or remedy, a period of 30 45 days from and after the giving of such notice shall have elapsed without the breaching party Employee having effectively cured or remedied such breach during such 3045-day period, unless such breach cannot be cured or remedied within 30 45 days, in which case the period for remedy or cure shall be extended for a reasonable time (not to exceed an additional 30 days), provided the breaching party Employee has made and continues to make a diligent effort to effect such remedy or cure.
Appears in 1 contract
Notice and Opportunity to Cure. Notwithstanding the foregoing, 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 specificity the reason for the termination ("breach"); (2) if the Executive is terminated for "cause," the Company provides the Executive an opportunity to appear before the Board to answer such grounds for termination; and (3) if such breach is susceptible of cure or remedy, (it being understood that the only definition of "cause" that is subject to cure or remedy is that contained in Section 5(a)(ii)), a period of 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 30 days, in which case the period for remedy or cure shall be extended for a reasonable time (not to exceed an additional 30 days), provided the breaching party has made and continues to make a diligent effort to effect such remedy or cure.
Appears in 1 contract
Notice and Opportunity to Cure. Notwithstanding the foregoing, 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 specificity the reason for the termination ("breach"); (2) if the Executive is terminated for "cause," the Company provides the Executive an opportunity to appear before the Board to answer such grounds for termination; and (3) if such breach is susceptible of cure or remedy, a period of 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 30 days, in which case the period for remedy or cure shall be extended for a reasonable time (not to exceed an additional 30 days), provided the breaching party has made and continues to make a diligent effort to effect such remedy or cure.
Appears in 1 contract
Samples: Employment Agreement (Condor Technology Solutions Inc)