Notice; Effective Date of Termination. (a) Termination of Executive’s employment pursuant to this Agreement shall be effective on the earliest of: (i) immediately after the Company gives notice to Executive of Executive’s termination, with or without Cause, unless pursuant to Section 6.3(b)(i), if curable, or Section 6.3(b)(vi), in which case ten (10) days after notice if not cured or unless the Company specifies a later date, in which case, termination shall be effective as of such later date; (ii) immediately upon the Executive’s death; (iii) ten (10) days after the Company gives notice to Executive of Executive’s termination on account of Executive’s Disability, unless the Company specifies a later date, in which case, termination shall be effective as of such later date, provided that Executive has not returned to the full-time performance of Executive’s duties prior to such date; (iv) ten (10) days after the Executive gives written notice to the Company of Executive’s resignation, provided that the Company may set a termination date at any time between the date of notice and the date of resignation, in which case the Executive’s resignation shall be effective as of such other date. Executive will receive compensation through any required notice period; or (v) for a termination for Good Reason, immediately upon Executive’s full satisfaction of the requirements of Section 6.1(f). (b) In the event of a termination for Cause, written confirmation shall specify the subsection(s) of the definition of Cause relied on to support the decision to terminate.
Appears in 14 contracts
Samples: Executive Employment Agreement (Rigetti Computing, Inc.), Executive Employment Agreement (Rigetti Computing, Inc.), Executive Employment Agreement (Rigetti Computing, Inc.)
Notice; Effective Date of Termination. (a) Termination of Executive’s employment pursuant to this Agreement shall be effective on the earliest of:
(i) immediately after the Company gives notice to Executive of Executive’s termination, with or without Cause, unless pursuant to Section 6.3(b)(i), if curable, or Section 6.3(b)(vi), ) in which case ten (10) days after notice if not cured or unless the Company specifies a later date, in which case, termination shall be effective as of such later date;
(ii) immediately upon the Executive’s death;
(iii) ten (10) days after the Company gives notice to Executive of Executive’s termination on account of Executive’s Disability, unless the Company specifies a later date, in which case, termination shall be effective as of such later date, provided that Executive has not returned to the full-time performance of Executive’s duties prior to such date;
(iv) ten (10) days after the Executive gives written notice to the Company of Executive’s resignation, provided that the Company may set a termination date at any time between the date of notice and the date of resignation, in which case the Executive’s resignation shall be effective as of such other date. Executive will receive compensation through any required notice period; or
(v) for a termination for Good Reason, immediately upon Executive’s full satisfaction of the requirements of Section 6.1(f6.1(g).
(b) In the event notice of a termination for Causeunder subsections (a)(i) or (iii) is given orally, at the other party’s request, the party giving notice must provide written confirmation shall specify the subsection(sof such notice within five (5) business days of the definition request in compliance with the requirement of Cause relied on to support the decision to terminate.Section 7.1
Appears in 12 contracts
Samples: Executive Employment Agreement (Tempus AI, Inc.), Executive Employment Agreement (Tempus AI, Inc.), Executive Employment Agreement (Tempus AI, Inc.)
Notice; Effective Date of Termination. (a) Termination of Executive’s employment pursuant to this Agreement shall be effective on the earliest of:
(i) immediately after the Company gives notice to Executive of Executive’s termination, with or without Cause, unless pursuant to Section 6.3(b)(i), if curable, or Section 6.3(b)(vi), ) in which case ten (10) days after notice if not cured or unless the Company specifies a later date, in which case, termination shall be effective as of such later date;
(ii) immediately upon the Executive’s death;
(iii) ten (10) days after the Company gives notice to Executive of Executive’s termination on account of Executive’s Disability, unless the Company specifies a later date, in which case, termination shall be effective as of such later date, provided that Executive has not returned to the full-full time performance of Executive’s duties prior to such date;
(iv) ten (10) days after the Executive gives written notice to the Company of Executive’s resignation, provided that the Company may set a termination date at any time between the date of notice and the date of resignation, in which case the Executive’s resignation shall be effective as of such other date. Executive will receive compensation through any required notice period; or
(v) for a termination for Good Reason, immediately upon Executive’s full satisfaction of the requirements of Section 6.1(f6.1(g).
(b) In the event notice of a termination for Causeunder subsections (a)(i) or (iii) is given orally, at the other party’s request, the party giving notice must provide written confirmation shall specify the subsection(sof such notice within five (5) business days of the definition request in compliance with the requirement of Cause relied on to support the decision to terminate.Section 7.1
Appears in 8 contracts
Samples: Executive Employment Agreement (Tempus AI, Inc.), Executive Employment Agreement (Tempus Labs, Inc.), Executive Employment Agreement (Outlook Therapeutics, Inc.)
Notice; Effective Date of Termination. Notice of termination of employment under this Agreement shall be communicated by or to Executive (aon one hand) or Sterling (on the other hand) in writing in accordance with Section 14. Termination of Executive’s employment pursuant to this Agreement (the “Termination Date”) shall be effective on the earliest of:
(i) immediately after the Company Sterling gives notice to Executive of Executive’s termination, with or termination without Cause, unless pursuant the parties agree to Section 6.3(b)(i), if curable, or Section 6.3(b)(vi), in which case ten (10) days after notice if not cured or unless the Company specifies a later date, in which case, termination shall be effective as of such later date;
(ii) immediately upon approval by the Company Board of termination of Executive’s employment for Cause;
(iii) immediately upon Executive’s death;
(iiiiv) ten (10) days after in the Company gives notice to Executive case of Executive’s termination on account by reason of Executive’s Disability, unless the Company specifies a later date, in date on which case, termination shall Executive is determined to be effective as permanently disabled for purposes of such later date, provided Sterling’s long-term disability plan or policy that Executive has not returned to the full-time performance of covers Executive’s duties prior to such date;; or
(ivv) ten thirty (1030) days after the Executive gives written notice to the Company Sterling of Executive’s resignationresignation from employment under this Agreement (including for Good Reason), provided that the Company or the Bank may set a an earlier termination date at any time between prior to the date of notice and the date termination of resignationemployment, in which case the Executive’s resignation shall be effective as of such other date. Executive will receive compensation through any required notice period; or
(v) for a termination for Good Reason, immediately upon Executive’s full satisfaction of the requirements of Section 6.1(f).
(b) In the event of a termination for Cause, written confirmation shall specify the subsection(s) of the definition of Cause relied on to support the decision to terminate.
Appears in 7 contracts
Samples: Employment Agreement (Sterling Bancorp), Employment Agreement (Sterling Bancorp), Employment Agreement (Sterling Bancorp)
Notice; Effective Date of Termination. (a) Termination of Executive’s employment pursuant to this Agreement shall be effective on the earliest of:
(i) immediately after the Company gives notice to Executive of Executive’s termination, with or without Cause, unless pursuant to Section 6.3(b)(i), if curable, or Section 6.3(b)(vi), 6.3(a)(vi) in which case ten (10) days after notice if not cured cured, or unless the Company specifies a later date, in which case, termination shall be effective as of such later date;
(ii) immediately upon the Executive’s death;
(iii) ten (10) days immediately after the Company gives written notice to Executive of Executive’s termination on account of Executive’s Disability, unless the Company specifies a later separation date, in which case, termination shall be effective as of such later separation date, provided that Executive has not returned to the full-time performance of Executive’s duties prior to such date;
(iv) ten except as addressed by Section 6.7(a)(v), thirty (1030) days after the Executive gives written notice to the Company of Executive’s resignationresignation for any reason, provided that the Company may set a termination separation date at any time between the date of notice and the date of resignation, in which case the Executive’s resignation shall be effective as of such other date. Executive will receive compensation through any required notice period; or
(v) for a termination for Good Reason, immediately upon Executive’s full satisfaction of the requirements of Section 6.1(f6.1(g).
(b) In the event notice of a termination for Causeunder subsection (a)(i) is given orally, at the other party’s request, the party giving notice must provide written confirmation shall specify the subsection(sof such notice within five (5) business days of the definition request in compliance with the requirement of Cause relied on to support the decision to terminate.Section 7.1
Appears in 6 contracts
Samples: Employment Agreement (Xometry, Inc.), Employment Agreement (Xometry, Inc.), Employment Agreement (Xometry, Inc.)
Notice; Effective Date of Termination. (a) Termination of Executive’s employment pursuant to this Agreement shall be effective on the earliest of:
(i) immediately after the Company gives written notice to Executive of Executive’s termination, with or termination without Cause, unless pursuant to Section 6.3(b)(i), if curable, or Section 6.3(b)(vi), in which case ten (10) days after notice if not cured or unless the Company specifies a later date, in which case, termination shall be effective as of such later date;
(ii) after the Company gives written notice to Executive of Executive’s termination for Cause and otherwise fully complies with the procedures set forth in Section 6.2(c) above;
(iii) immediately upon the Executive’s death;
(iiiiv) ten thirty (1030) days after the Company gives written notice to Executive of Executive’s termination on account of Executive’s Disabilitydisability, unless the Company specifies a later date, in which case, termination shall be effective as of such later date, provided provided, that Executive has not returned to the full-full time performance of Executive’s duties prior to such date;; or
(ivv) ten (10) days immediately after the Executive gives written notice to the Company of Executive’s resignationresignation and (in the case of a resignation for Good Reason) otherwise fully complies with the procedures set forth in Section 6.4(b) above, provided that unless the Company may set agrees to a termination date at any time between the date of notice and the date of resignationdifferent date, in which case the Executive’s case, resignation shall be effective as of such other date. .
(b) Executive will receive compensation through any required notice period; or
(v) for a termination for Good Reason, immediately upon Executive’s full satisfaction of the requirements of Section 6.1(f).
(b) In period in the event of a termination for Causeany reason. However, written confirmation shall specify subject to any right of Executive to cure during any cure period, the subsection(s) of Company reserves the definition of Cause relied on right to support require that the decision Executive not perform any services or report to terminatework during any required notice period.
Appears in 6 contracts
Samples: Key Employee Agreement (Millennial Media Inc.), Key Employee Agreement (Millennial Media Inc.), Key Employee Agreement (Millennial Media Inc.)
Notice; Effective Date of Termination. (a) Termination of Executive’s employment pursuant to this Agreement shall be effective on the earliest of:
(i) immediately after the Company gives notice to Executive of Executive’s termination, with or without Cause, unless pursuant to Section 6.3(b)(iSections 6.1(b)(i), if curable(iv), (v), or Section 6.3(b)(vi), (vi) above in which case ten (10) days after notice if not cured or unless the Company specifies a later date, in which case, termination shall be effective as of such later date;
(ii) immediately upon the Executive’s death;
(iii) ten (10) days after the Company gives notice to Executive of Executive’s termination on account of Executive’s Disability, unless the Company specifies a later date, in which case, termination shall be effective as of such later date, provided that Executive has not returned to the full-time performance of Executive’s duties prior to such date;
(iv) ten (10) days after the Executive gives written notice to the Company of Executive’s resignationresignation other than for Good Reason (in connection with Section 6.4), provided that the Company may set a termination date at any time between the date of notice and the date of resignation, in which case the Executive’s resignation shall be effective as of such other date. Executive will receive compensation through any required notice period; or
(v) for a termination for Good Reason, immediately upon Executive’s full satisfaction of the requirements of Section 6.1(f6.2(d).
(b) In the event notice of a termination for Causeunder subsections (a)(i) and (iii) is given orally, at the other party’s request, the party giving notice must provide written confirmation shall specify the subsection(sof such notice within five (5) business days of the definition request in compliance with the requirements of Cause relied on to support the decision to terminate.Section 7.1
Appears in 5 contracts
Samples: Executive Employment Agreement (CinCor Pharma, Inc.), Executive Employment Agreement (CinCor Pharma, Inc.), Executive Employment Agreement (CinCor Pharma, Inc.)
Notice; Effective Date of Termination. (a) Termination of Executive’s employment pursuant to this Agreement shall be effective on the earliest of:
(i) immediately after the Company gives notice to Executive of Executive’s termination, with Termination for Cause or without Termination Without Cause, unless pursuant to Section 6.3(b)(i), if curable, or Section 6.3(b)(vi), 6(c) in which case ten (10) 15 days after notice if not cured or unless the Company specifies a later date, in which case, termination shall be effective as of such later date;
(ii) immediately upon the Executive’s death;
(iii) ten (10) days immediately after the Company gives notice to Executive of Executive’s termination on account of Executive’s Disability, unless the Company specifies a later date, in which case, termination shall be effective as of such later date, provided that Executive has not returned to the full-full time performance of Executive’s duties prior to such date;
(iv) ten (10) 10 days after the Executive gives written notice to the Company of Executive’s resignation, Resignation; provided that the Company may set a termination date at any time between the date of notice and the date of resignation, in which case the Executive’s resignation shall be effective as of such other date. Executive will receive compensation through any required notice period; or
(v) the date set forth in Section 8.2 above for a termination Termination for Good Reason, immediately upon Executive’s full satisfaction of the requirements of Section 6.1(f).
(b) In the event notice of a termination for Causeunder subsections (a)(i), (iii) and (iv) is given orally, at the other party’s request, the party giving notice must provide written confirmation shall specify the subsection(s) of such notice within 5 business days of the definition request in compliance with the requirement of Cause relied on to support the decision to terminateSection 10.1 below.
Appears in 5 contracts
Samples: Executive Employment Agreement (Glycomimetics Inc), Executive Employment Agreement (Glycomimetics Inc), Executive Employment Agreement (Glycomimetics Inc)
Notice; Effective Date of Termination. (a) Termination of Executive’s employment pursuant to this Agreement shall be effective on the earliest of:
(i) immediately after the Company gives notice to Executive of Executive’s termination, with or without Cause, unless pursuant to Section 6.3(b)(i), if curable, or Section 6.3(b)(vi), ) in which case ten (10) days after notice if not cured or unless the Company specifies a later date, in which case, termination shall be effective as of such later date;
(ii) immediately upon the Executive’s death;
(iii) ten (10) days after the Company gives notice to Executive of Executive’s termination on account of Executive’s Disability, unless the Company specifies a later date, in which case, termination shall be effective as of such later date, provided that Executive has not returned to the full-full time performance of Executive’s duties prior to such date;
(iv) ten (10) days after the Executive gives written notice to the Company of Executive’s resignation, provided that the Company may set a termination date at any time between the date of notice and the date of resignation, in which case the Executive’s resignation shall be effective as of such other date. Executive will receive compensation through any required notice period; or
(v) for a termination for Good Reason, immediately upon Executive’s full satisfaction of the requirements of Section 6.1(f6.1(h).
(b) In the event notice of a termination under subsections (a)(i), (iii), (iv) and (iv) is given orally, at the other party’s request, the party giving notice must provide written confirmation of such notice within five (5) business days of the request in compliance with the requirement of Section 8.1 below. In the event of a termination for CauseCause or Good Reason, written confirmation shall specify the subsection(s) of the definition of Cause or Good Reason relied on to support the decision to terminate.
Appears in 4 contracts
Samples: Executive Employment Agreement (Senseonics Holdings, Inc.), Executive Employment Agreement (Senseonics Holdings, Inc.), Executive Employment Agreement (Senseonics Holdings, Inc.)
Notice; Effective Date of Termination. (a) Termination of Executive’s employment pursuant to this Agreement shall be effective on the earliest of:
(i) immediately after the Company gives notice to Executive of Executive’s termination, with or without Cause, unless pursuant to Section 6.3(b)(i), if curable, or Section Sections 6.3(b)(vi), 6.3(b)(v), or 6.3(b)(vi) in which case ten (10) days after notice if not cured or unless the Company specifies a later date, in which case, termination shall be effective as of such later date;
(ii) immediately upon the Executive’s death;
(iii) ten (10) days after the Company gives notice to Executive of Executive’s termination on account of Executive’s Disability, unless the Company specifies a later date, in which case, termination shall be effective as of such later date, provided that Executive has not returned to the full-full time performance of Executive’s duties prior to such date;
(iv) ten (10) days after the Executive gives written notice to the Company of Executive’s resignationresignation not for Good Reason, provided that the Company may set a termination date at any time between the date of notice and the date of resignation, in which case the Executive’s resignation shall be effective as of such other date. Executive will receive compensation through any required notice period; or
(v) for a termination for Good Reason, immediately upon Executive’s full satisfaction of the requirements of Section 6.1(f6.1(g).
(b) In the event notice of a termination for Causeunder subsections (a)(i) and (iii) is given orally, at the other party’s request, the party giving notice must provide written confirmation shall specify the subsection(sof such notice within five (5) business days of the definition request in compliance with the requirement of Cause relied on to support the decision to terminate.Section 7.1
Appears in 2 contracts
Samples: Executive Employment Agreement (Instil Bio, Inc.), Executive Employment Agreement (Instil Bio, Inc.)
Notice; Effective Date of Termination. (a) Termination of Executive’s employment pursuant to this Agreement shall be effective on the earliest of:
(i) immediately after the Company gives notice to Executive of Executive’s termination, with or without termination for Cause, unless pursuant to Section 6.3(b)(iSections 6.1(b)(i), if curable(iv), (v), or Section 6.3(b)(vi), (vi) above in which case ten (10) days after notice if not cured or unless the Company specifies a later date, in which case, termination shall be effective as of such later date;
(ii) immediately upon the Company’s notice of termination or following the conclusion of the Garden Leave (if applicable) in the event the Company terminates Executive’s employment without Cause.
(iii) immediately upon Executive’s death;
(iiiiv) ten (10) days after the Company gives notice to Executive of Executive’s termination on account of Executive’s Disability, unless the Company specifies a later date, in which case, termination shall be effective as of such later date, provided that Executive has not returned to the full-time performance of Executive’s duties prior to such date;
(ivv) ten (10) days after the Executive gives written notice to the Company of Executive’s resignationresignation other than for Good Reason (in connection with Section 6.4), provided that the Company may set a termination date at any time between the date of notice and the date of resignation, in which case the Executive’s resignation shall be effective as of such other date. Executive will receive compensation through any required notice period; or
(vvi) for a termination for Good Reason, immediately upon Executive’s full satisfaction of the requirements of Section 6.1(f6.2(d).
(b) In the event notice of a termination for Causeunder subsections (a)(i), (ii) or (iv) is given orally, at the other party’s request, the party giving notice must provide written confirmation shall specify the subsection(sof such notice within five (5) business days of the definition request in compliance with the requirements of Cause relied on to support the decision to terminate.Section 7.1
Appears in 1 contract
Samples: Executive Employment Agreement (HOOKIPA Pharma Inc.)
Notice; Effective Date of Termination. (a) Termination of Executive’s employment pursuant to this Agreement shall be effective on the earliest of:of (each, the applicable “Separation Date”):
(ia) immediately after the Company gives written notice to Executive of Executive’s termination, termination without Cause or with or without Cause, unless Cause pursuant to Section 6.3(b)(i6.2(b)(i)-(vi). In the event of a termination for Cause, if curable, or Section 6.3(b)(vi), in which case ten (10such notice shall specify the subsection(s) days after notice if not cured or unless of the Company specifies a later date, in which case, termination shall be effective as definition of such later dateCause relied on to support the decision to terminate;
(iib) immediately upon the Executive’s death;
(iiii) ten (10) days after the Company gives written notice to Executive of its intent to terminate Executive for Cause pursuant to Section 6.2(b)(vii) if the condition giving rise to Cause is not timely cured; (ii) ten (10) days after the Company gives written notice to Executive of Executive’s termination on account of Executive’s Disability, unless the Company specifies a later date, in which case, termination shall be effective as of such later date, provided that Executive has not returned to the full-full time performance of Executive’s duties prior to such date;
(ivd) ten (10) days after the Executive gives written notice to the Company of Executive’s resignation, provided that the Company may set a termination date at any time between the date of notice and the date of resignation, in which case the Executive’s resignation shall be effective as of such other date. Executive will receive compensation through any required notice period; or
(v) for a termination for Good Reason, immediately upon Executive’s full satisfaction of the requirements of Section 6.1(f).6.1(i) for a resignation for Good Reason; and
(be) In thirty (30) days after Executive gives written notice to the event Company of a Executive’s resignation without Good Reason; provided, however, the Company may, in its sole discretion, set the termination for Cause, written confirmation shall specify on any date during the subsection(s) of notice period so long as it continues to pay the definition of Cause relied on to support Executive’s base salary through the decision to terminaterequired notice period.
Appears in 1 contract
Notice; Effective Date of Termination. (a) Termination of Executive’s 's employment pursuant to this Agreement shall be effective on the earliest of:
(i) immediately after the Company gives notice to Executive of Executive’s 's termination, with or without Cause, unless pursuant to Section 6.3(b)(i), if curable, or Section 6.3(b)(vi), 6.2(d)(vi) in which case ten (10) days after notice if not cured or unless the Company specifies a later date, in which case, termination shall be effective as of such later date;
(ii) immediately upon the Executive’s 's death;
(iii) ten (10) days after the Company gives notice to Executive of Executive’s 's termination on account of Executive’s 's Disability, unless the Company specifies a later date, in which case, termination shall be effective as of such later date, provided that Executive has not returned to the full-full time performance of Executive’s 's duties prior to such date;
(iv) ten thirty (1030) days after the Executive gives written notice to the Company of Executive’s 's resignation, provided that the Company may set a termination date at any time between the date of notice and the date of resignation, in which case the Executive’s 's resignation shall be effective as of such other date. Executive will receive compensation through any required notice period; or
(v) for a termination for Good Reason, immediately upon Executive’s 's full satisfaction of the requirements of Section 6.1(f6.2(c).
(b) In the event notice of a termination under subsections (a)(i), (iii), (iii)and (iv) is given orally, at the other party's request, the party giving notice must provide written confirmation of such notice within five (5) business days of the request in compliance with the requirement of Section 8.1 below. In the event of a termination for CauseCause or Good Reason, written confirmation shall specify the subsection(s) of the definition of Cause or Good Reason relied on to support the decision to terminate.
Appears in 1 contract
Samples: Executive Employment Agreement (Senseonics Holdings, Inc.)
Notice; Effective Date of Termination. (a) Termination of Executive’s employment pursuant to this Agreement shall be effective on the earliest of:
(i) immediately after the Company gives notice to Executive of Executive’s termination, with Termination for Cause or without Termination Without Cause, unless pursuant to Section 6.3(b)(i), if curable, or Section 6.3(b)(vi), 6(c) in which case ten (10) 15 days after notice if not cured or unless the Company specifies a later date, in which case, termination shall be effective as of such later date;
(ii) immediately upon the Executive’s death;
(iii) ten (10) days immediately after the Company gives notice to Executive of Executive’s termination on account of Executive’s Disability, unless the Company specifies a later date, in which case, termination shall be effective as of such later date, provided that Executive has not returned to the full-full time performance of Executive’s duties prior to such date;; or
(iv) ten (10) 10 days after the Executive gives written notice to the Company of Executive’s resignation, Resignation; provided that the Company may set a termination date at any time between the date of notice and the date of resignation, in which case the Executive’s resignation shall be effective as of such other date. Executive will receive compensation through any required notice period; or.
(v) the date set forth in Section 8.2 above for a termination Termination for Good Reason, immediately upon Executive’s full satisfaction of the requirements of Section 6.1(f).
(b) In the event notice of a termination for Causeunder subsections (a)(i), (iii) and (iv) is given orally, at the other party’s request, the party giving notice must provide written confirmation shall specify the subsection(s) of such notice within 5 business days of the definition request in compliance with the requirement of Cause relied on to support the decision to terminateSection 10.1 below.
Appears in 1 contract
Notice; Effective Date of Termination. (a) Termination of Executive’s employment pursuant to this Agreement shall be effective on the earliest of:
(i) immediately after the Company gives notice to Executive of Executive’s termination, with or without Cause, unless pursuant to Section 6.3(b)(i), if curable, or Section 6.3(b)(vi(iv), (v) or (vii) in which case ten (10) days after notice if not cured upon full satisfaction of the requirements set forth therein; or unless the Company specifies a later date, in which case, termination shall be effective as of such later date;
(ii) immediately upon the Executive’s death;
(iiiii) ten (10) days after the Company gives notice to Executive of Executive’s termination on account of Executive’s Disability, unless the Company specifies a later date, in which case, termination shall be effective as of such later date, provided that Executive has not returned to the full-time performance of Executive’s duties prior to such date;
(iviii) ten (10) days after the Executive gives written notice to the Company of Executive’s resignation, provided that the Company may set a termination date at any time between the date of notice and the date of resignation, in which case the Executive’s resignation shall be effective as of such other date. Executive will receive compensation through any required notice period; or
(viv) for a termination for Good Reason, immediately upon Executive’s full satisfaction of the requirements of Section 6.1(f6.2(b).
(b) In the event notice of a termination for Causeunder subsections (a)(i) and (iii) is given orally, at the other party’s request, the party giving notice must provide written confirmation shall specify the subsection(sof such notice within five (5) business days of the definition request in compliance with the requirement of Cause relied on to support the decision to terminate.Section 7.1
Appears in 1 contract
Notice; Effective Date of Termination. (a) Termination of Executive’s employment pursuant to this Agreement shall be effective on the earliest of:
(i) immediately after the Company gives notice to Executive of Executive’s termination, with or without Cause, unless pursuant to Section 6.3(b)(i), if curable, or Section 6.3(b)(vi), 6.3(a)(vi) in which case ten (10) days after notice if not cured cured, or unless the Company specifies a later date, in which case, termination shall be effective as of such later date;
(ii) immediately upon the Executive’s death;
(iii) ten (10) days immediately after the Company gives written notice to Executive of Executive’s termination on account of Executive’s Disability, unless the Company specifies a later separation date, in which case, termination shall be effective as of such later separation date, provided that Executive has not returned to the full-time performance of Executive’s duties prior to such date;; 9
(iv) ten except as addressed by Section 6.6(a)(v), thirty (1030) days after the Executive gives written notice to the Company of Executive’s resignationresignation for any reason, provided that the Company may set a termination separation date at any time between the date of notice and the date of resignation, in which case the Executive’s resignation shall be effective as of such other date. Executive will receive compensation through any required notice period; or
(v) for a termination for Good Reason, immediately upon Executive’s full satisfaction of the requirements of Section 6.1(f6.1(g).
(b) In the event notice of a termination for Causeunder subsection (a)(i) is given orally, at the other party’s request, the party giving notice must provide written confirmation shall specify the subsection(sof such notice within five (5) business days of the definition request in compliance with the requirement of Cause relied on to support the decision to terminate.Section 7.1
Appears in 1 contract
Samples: Employment Agreement (Xometry, Inc.)
Notice; Effective Date of Termination. (a) Termination of Executive’s employment pursuant to this Agreement shall be effective on the earliest of:of (each, the applicable “Separation Date”):
(ia) immediately after the Company gives written notice to Executive of Executive’s termination, termination without Cause or with or without Cause, unless Cause pursuant to Section 6.3(b)(i6.2(b)(i)-(vii). In the event of a termination for Cause, if curable, or Section 6.3(b)(vi), in which case ten (10such notice shall specify the subsection(s) days after notice if not cured or unless of the Company specifies a later date, in which case, termination shall be effective as definition of such later dateCause relied on to support the decision to terminate;
(iib) immediately upon the Executive’s death;
(iiic) ten (10) days after the Company gives written notice to Executive of Executive’s termination on account of Executive’s Disability, unless the Company specifies a later date, in which case, termination shall be effective as of such later date, provided that Executive has not returned to the full-full time performance of Executive’s duties prior to such date;
(ivd) ten (10) days after the Executive gives written notice to the Company of Executive’s resignation, provided that the Company may set a termination date at any time between the date of notice and the date of resignation, in which case the Executive’s resignation shall be effective as of such other date. Executive will receive compensation through any required notice period; or
(v) for a termination for Good Reason, immediately upon Executive’s full satisfaction of the requirements of Section 6.1(f).6.1(i) for a resignation for Good Reason; and
(be) In thirty (30) days after Executive gives written notice to the event Company of a Executive’s resignation without Good Reason; provided, however, the Company may, in its sole discretion, set the termination for Cause, written confirmation shall specify on any date during the subsection(s) of notice period so long as it continues to pay the definition of Cause relied on to support Executive’s base salary through the decision to terminaterequired notice period.
Appears in 1 contract
Samples: Executive Employment Agreement (Mind Medicine (MindMed) Inc.)
Notice; Effective Date of Termination. (a) Termination of Executive’s employment pursuant to this Agreement shall be effective on the earliest of:
(i) immediately after the Company gives notice to Executive of Executive’s termination, with or without Causeabsent Gross Misconduct, unless pursuant to Section 6.3(b)(i), if curable, or Section 6.3(b)(vi), in which case ten (10) days after notice if not cured or unless the Company specifies a later date, in which case, termination shall be effective as of such later date;
(ii) immediately upon the Executive’s death;
(iii) ten (10) days after the Company gives notice to Executive of Executive’s termination on account of Executive’s DisabilityIncapacity, unless the Company specifies a later date, in which case, termination shall be effective as of such later date, provided that Executive has not returned to the full-time performance of Executive’s duties prior to such date;
(iv) ten (10) days after the Executive gives written notice to the Company of Executive’s resignation, provided that the Company may set a termination date at any time between the date of notice and the date of resignation, in which case the Executive’s resignation shall be effective as of such other date. Executive will receive compensation through any required notice period; or
(v) for a termination for Good Reason, immediately upon Executive’s full satisfaction of the requirements of Section 6.1(f).
(b) In the event of a termination for CauseGross Misconduct, written confirmation shall specify the subsection(s) of the definition of Cause Gross Misconduct relied on to support the decision to terminate.
Appears in 1 contract
Samples: Executive Employment Agreement (Sportsman's Warehouse Holdings, Inc.)
Notice; Effective Date of Termination. Notice of termination of employment under this Agreement shall be communicated by or to Executive (aon one hand) or the Company (on the other hand) in writing in accordance with Section 14. Termination of Executive’s employment pursuant to this Agreement (the “Termination Date”) shall be effective on the earliest of:
(i) immediately after the Company gives notice to Executive of Executive’s termination, with or termination without Cause, unless pursuant the parties agree to Section 6.3(b)(i), if curable, or Section 6.3(b)(vi), in which case ten (10) days after notice if not cured or unless the Company specifies a later date, in which case, termination shall be effective as of such later date;
(ii) immediately upon approval by the Board of termination of Executive’s employment for Cause;
(iii) immediately upon Executive’s death;
(iiiiv) ten (10) days after in the Company gives notice to Executive case of Executive’s termination on account by reason of Executive’s Disability, unless the Company specifies a later date, in date on which case, termination shall Executive is determined to be effective as permanently disabled for purposes of such later date, provided the Company’s long-term disability plan or policy that Executive has not returned to the full-time performance of covers Executive’s duties prior to such date;; or
(ivv) ten thirty (1030) days after the Executive gives written notice to the Company of Executive’s resignationresignation from employment under this Agreement (including for Good Reason), provided that the Company may set a an earlier termination date at any time between prior to the date of notice and the date termination of resignationemployment, in which case the Executive’s resignation shall be effective as of such other date. Executive will receive compensation through any required notice period; or
(v) for a termination for Good Reason, immediately upon Executive’s full satisfaction of the requirements of Section 6.1(f).
(b) In the event of a termination for Cause, written confirmation shall specify the subsection(s) of the definition of Cause relied on to support the decision to terminate.
Appears in 1 contract
Notice; Effective Date of Termination. (a) Termination of Executive’s employment pursuant to this Agreement shall be effective on the earliest of:
(i) immediately after the Company gives notice to Executive of Executive’s termination, with or without Cause, unless pursuant to Section 6.3(b)(i), if curable, or Section Sections 6.3(b)(vi), 6.3(b)(v), or 6.3(b)(vi) in which case ten (10) days after notice if not cured or unless the Company specifies a later date, in which case, termination shall be effective as of such later date;
(ii) immediately upon the Executive’s death;
(iii) ten (10) days after the Company gives notice to Executive of Executive’s termination on account of Executive’s Disability, unless the Company specifies a later date, in which case, termination shall be effective as of such later date, provided that Executive has not returned to the full-full time performance of Executive’s duties prior to such date;
(iv) ten (10) days after the Executive gives written notice to the Company of Executive’s resignationresignation not for Good Reason, provided that the Company may set a termination date at any time between the date of notice and the date of resignation, in which case the Executive’s resignation shall be effective as of such other date. Executive will receive compensation through any required notice period; or
(v) for a termination for Good Reason, immediately upon Executive’s full satisfaction of the requirements of Section 6.1(f6.1(g).
(b) In the event of a termination for Cause, written confirmation shall specify the subsection(s) of the definition of Cause relied on to support the decision to terminate.
Appears in 1 contract
Notice; Effective Date of Termination. (a) Termination of Executive’s employment pursuant to this Agreement shall be effective on the earliest of:
(i) immediately after the Company gives notice to Executive of Executive’s termination, with or without Without Cause, unless pursuant to Section 6.3(b)(i), if curable, or Section 6.3(b)(vi), in which case ten (10) days after notice if not cured or unless the Company specifies a later date, in which case, termination shall be effective as of such later date;
(ii) immediately upon the Executive’s death;
(iii) ten (10) days after the Company gives notice to Executive or Executive gives notice to the Company of Executive’s termination on account of Executive’s Disability, unless the Company or Executive specifies a later date, in which case, termination shall be effective as of such later date, provided that Executive has not returned to the full-time performance of Executive’s duties prior to such date;
(iv) ten (10) days after the Executive gives written notice to the Company of Executive’s resignationresignation without Good Reason, provided that the Company may set a termination date Separation Date at any time between the date of notice and the date of resignation, in which case the Executive’s resignation shall be effective as of such other date. Executive will receive compensation through any throughout the full required notice period, even if the Company elects to shorten the notice period; or
(v) for a termination for Good Reason, immediately upon Executive’s full satisfaction of the requirements of Section 6.1(f5.1(f).
(b) In the event of a termination for Cause, written confirmation shall specify the subsection(s) of the definition of Cause relied on to support the decision to terminatetermination.
Appears in 1 contract
Notice; Effective Date of Termination. (a) Termination of Executive’s employment pursuant to this Agreement shall be effective on the earliest of:
(i) immediately after the Company gives written notice to Executive of Executive’s termination, with or termination without Cause, unless pursuant to Section 6.3(b)(i), if curable, or Section 6.3(b)(vi), in which case ten (10) days after notice if not cured or unless the Company specifies a later date, in which case, termination shall be effective as of such later date;
(ii) after the Company gives written notice to Executive of Executive’s termination for Cause and otherwise fully complies with the procedures set forth in Section 6.2(c) above;
(iii) immediately upon the Executive’s death;
(iiiiv) ten thirty (1030) days after the Company gives written notice to Executive of Executive’s termination on account of Executive’s Disabilitydisability, unless the Company specifies a later date, in which case, termination shall be effective as of such later date, provided provided, that Executive has not returned to the full-full time performance of Executive’s duties prior to such date;; or
(ivv) ten (10) days immediately after the Executive gives written notice to the Company of Executive’s resignationresignation and (in the case of a resignation for Good Reason) otherwise fully complies with the procedures set forth in Section 6.4(b) above, provided that unless the Company may set agrees to a termination date at any time between the date of notice and the date of resignationdifferent date, in which case the Executive’s case, resignation shall be effective as of such other date. ,
(b) Executive will receive compensation through any required notice period; or
(v) for a termination for Good Reason, immediately upon Executive’s full satisfaction of the requirements of Section 6.1(f).
(b) In period in the event of a termination for Causeany reason. However, written confirmation shall specify subject to any right of Executive to cure during any cure period, the subsection(s) of Company reserves the definition of Cause relied on right to support require that the decision Executive not perform any services or report to terminatework during any required notice period.
Appears in 1 contract
Notice; Effective Date of Termination. (a) Termination of Executive’s employment pursuant to this Agreement shall be effective on the earliest of:
: (i) immediately after the Company gives notice to Executive of Executive’s termination, with or without Cause, unless pursuant to Section 6.3(b)(i), if curable, or Section 6.3(b)(vi), ) in which case ten (10) days after notice if not cured or unless the Company specifies a later date, in which case, termination shall be effective as of such later date;
; (ii) immediately upon the Executive’s death;
; (iii) ten (10) days after the Company gives notice to Executive of Executive’s termination on account of Executive’s Disability, unless the Company specifies a later date, in which case, termination shall be effective as of such later date, provided that Executive has not returned to the full-full time performance of Executive’s duties prior to such date;
; (iv) ten (10) days after the Executive gives written notice to the Company of Executive’s resignation, provided that the Company may set a termination date at any time between the date of notice and the date of resignation, in which case the Executive’s resignation shall be effective as of such other date. Executive will receive compensation through any required notice period; or
or (v) for a termination for Good Reason, immediately upon Executive’s full satisfaction of the requirements of Section 6.1(f6.1(g).
(b) In the event of a termination for Cause, written confirmation shall specify the subsection(s) of the definition of Cause relied on to support the decision to terminate.
Appears in 1 contract
Samples: Employment Agreement (Acumen Pharmaceuticals, Inc.)
Notice; Effective Date of Termination. Notice of termination of employment under this Agreement shall be communicated by or to Executive (aon one hand) or the Company (on the other hand) in writing in accordance with Section 14. Termination of Executive’s employment pursuant to this Agreement (the “Termination Date”) shall be effective on the earliest of:
(i) immediately after the Company gives notice to Executive of Executive’s termination, with or termination without Cause, unless pursuant the parties agree to Section 6.3(b)(i), if curable, or Section 6.3(b)(vi), in which case ten (10) days after notice if not cured or unless the Company specifies a later date, in which case, termination shall be effective as of such later date;
(ii) immediately upon approval by the Board of termination of Executive’s employment for Cause;
(iii) immediately upon Executive’s death;
(iiiiv) ten (10) days after in the Company gives notice to Executive case of Executive’s termination on account by reason of Executive’s Disability, unless the Company specifies a later date, in date on which case, termination shall Executive is determined to be effective as permanently disabled for purposes of such later date, provided The Company’s long-term disability plan or policy that Executive has not returned to the full-time performance of covers Executive’s duties prior to such date;; or
(ivv) ten thirty (1030) days after the Executive gives written notice to the Company of Executive’s resignationresignation from employment under this Agreement (including for Good Reason), provided that the Company may set a an earlier termination date at any time between prior to the date of notice and the date termination of resignationemployment, in which case the Executive’s resignation shall be effective as of such other date. Executive will receive compensation through any required notice period; or
(v) for a termination for Good Reason, immediately upon Executive’s full satisfaction of the requirements of Section 6.1(f).
(b) In the event of a termination for Cause, written confirmation shall specify the subsection(s) of the definition of Cause relied on to support the decision to terminate.
Appears in 1 contract
Notice; Effective Date of Termination. (a) Termination of Executive’s employment pursuant to this Agreement shall be effective on the earliest of:
(i) immediately after the Company gives notice to Executive of Executive’s termination, with or without Cause, unless pursuant to Section 6.3(b)(iSections 6.3(b) (i), if curable(iv), (v) or Section 6.3(b)(vi(vi), in which case ten fifteen (1015) days after notice if not cured or unless the Company specifies a later date, in which case, termination shall be effective as of such later date;
(ii) immediately upon the Executive’s death;
(iii) ten (10) days after the Company gives notice to Executive of Executive’s termination on account of Executive’s Disability, unless the Company specifies a later date, in which case, termination shall be effective as of such later date, provided that Executive has not returned to the full-time performance of Executive’s duties prior to such date;
(iv) ten (10) days after the Executive gives written notice to the Company of Executive’s resignationresignation other than for Good Reason, provided that the Company may set a termination date at any time between the date of notice and the date of resignation, in which case the Executive’s resignation shall be effective as of such other date. Executive will receive compensation through any required notice period; or
(v) for a termination for Good Reason, immediately upon Executive’s full satisfaction of the requirements of Section 6.1(f).
(b) In the event notice of a termination for Causeunder subsections (a)(i) and (iii) is given orally, at the other party’s request, the party giving notice must provide written confirmation shall specify the subsection(sof such notice within five (5) business days of the definition request in compliance with the requirement of Cause relied on to support the decision to terminate.Section 7.1
Appears in 1 contract
Notice; Effective Date of Termination. (a) Termination of Executive’s employment pursuant to this Agreement shall be effective on the earliest of:
(i) immediately after the Company gives notice to Executive of Executive’s termination, with or without Cause, unless pursuant to Section 6.3(b)(i), if curable, or Section 6.3(b)(vi), ) in which case ten (10) days after notice if not cured or unless the Company specifies a later date, in which case, termination shall be effective as of such later date;
(ii) immediately upon the Executive’s death;
(iii) ten (10) days after the Company gives notice to Executive of Executive’s termination on account of Executive’s Disability, unless the Company specifies a later date, in which case, termination shall be effective as of such later date, provided that Executive has not returned to the full-full time performance of Executive’s duties prior to such date;
(iv) ten (10) days after the Executive gives written notice to the Company of Executive’s resignation, provided that the Company may set a termination date at any time between the date of notice and the date of resignation, in which case the Executive’s resignation shall be effective as of such other date. Executive will receive compensation through any required notice period; or
(v) for a termination for Good Reason, immediately upon Executive’s full satisfaction of the requirements of Section 6.1(f6.1(g).
(b) In the event of a termination for Cause, written confirmation shall specify the subsection(s) of the definition of Cause relied on to support the decision to terminate.
Appears in 1 contract
Samples: Executive Employment Agreement (Oncobiologics, Inc.)
Notice; Effective Date of Termination. (a) Termination of Executive’s employment pursuant to this Agreement shall be effective on the earliest of:of (each, the applicable “Separation Date”):
(i) a. immediately after the Company gives written notice to Executive of Executive’s termination, termination without Cause or with or without Cause, unless Cause pursuant to Section 6.3(b)(i6.2(b)(i)-(vi). In the event of a termination for Cause, if curable, or Section 6.3(b)(vi), in which case ten (10such notice shall specify the subsection(s) days after notice if not cured or unless of the Company specifies a later date, in which case, termination shall be effective as definition of such later dateCause relied on to support the decision to terminate;
(ii) b. immediately upon the Executive’s death;
(iiii) ten (10) days after the Company gives written notice to Executive of its intent to terminate Executive for Cause pursuant to Section 6.2(b)(vii) if the condition giving rise to Cause is not timely cured; (ii) ten (10) days after the Company gives written notice to Executive of Executive’s termination on account of Executive’s Disability, unless the Company specifies a later date, in which case, termination shall be effective as of such later date, provided that Executive has not returned to the full-full time performance of Executive’s duties prior to such date;
(iv) ten (10) days after the Executive gives written notice to the Company of Executive’s resignation, provided that the Company may set a termination date at any time between the date of notice and the date of resignation, in which case the Executive’s resignation shall be effective as of such other date. Executive will receive compensation through any required notice period; or
(v) for a termination for Good Reason, d. immediately upon Executive’s full satisfaction of the requirements of Section 6.1(f)6.1(i) for a resignation for Good Reason; and
e. thirty (30) days after Executive gives written notice to the Company of Executive’s resignation without Good Reason; provided, however, the Company may, in its sole discretion, set the termination on any date during the notice period so long as it continues to pay the Executive’s base salary through the required notice period.
(b) In the event of a termination for Cause, written confirmation shall specify the subsection(s) of the definition of Cause relied on to support the decision to terminate.
Appears in 1 contract
Notice; Effective Date of Termination. (a) Termination of Executive’s employment pursuant to this Agreement shall be effective on the earliest of:
(i) immediately after the Company gives notice to Executive of Executive’s termination, with or without Cause, unless pursuant to Section 6.3(b)(i), if curable, or Section 6.3(b)(vi), ) in which case ten (10) days after notice if not cured or unless the Company specifies a later date, in which case, termination shall be effective as of such later date;
(ii) immediately upon the Executive’s death;
(iii) ten (10) days after the Company gives notice to Executive of Executive’s termination on account of Executive’s Disability, unless the Company specifies a later date, in which case, termination shall be effective as of such later date, provided that Executive has not returned to the full-time performance of Executive’s duties prior to such date;
(iv) ten (10) days after the Executive gives written notice to the Company of Executive’s resignation, provided that the Company may set a termination date at any time between the date of notice and the date of resignation, in which case the Executive’s resignation shall be effective as of such other date. Executive will receive compensation through any required notice period; or
(v) for a termination for Good Reason, immediately upon Executive’s full satisfaction of the requirements of Section 6.1(f6.l(h).
(b) In the event notice of a termination under subsections (a)(i), (iii), (iv) and (iv) is given orally, at the other party’s request, the party giving notice must provide written confirmation of such notice within five (5) business days of the request in compliance with the requirement of Section 8.1 below. In the event of a termination for CauseCause or Good Reason, written confirmation shall specify the subsection(s) of the definition of Cause or Good Reason relied on to support the decision to terminate.
Appears in 1 contract
Samples: Executive Employment Agreement (Senseonics Holdings, Inc.)