Common use of Notice; Effective Date of Termination Clause in Contracts

Notice; Effective Date of Termination. a. Termination of Executive’s employment pursuant to this Agreement will be effective on the earliest of: (i) excluding a termination due to Executive’s death or Disability, the date on which the Company gives notice to Executive of Executive’s termination, with or without Cause, unless the Company specifies a later date, in which case, termination will be effective as of such later date; (ii) the date of Executive’s death; (iii) ten (10) days after the Company gives notice to Executive of Executive’s termination on account of Executive’s Disability; or (iv) thirty (30) days after 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 30th day thereafter (i.e., the effective date of resignation, but for this Section 7.5(a)), in which case the Executive’s resignation will be effective as of such earlier date (the date on which Executive’s resignation becomes effective, the “Actual Resignation Effective Date”). b. In the event that notice of a termination 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 the event of a termination for Cause, written confirmation will specify the subsection(s) of the definition of Cause being relied on by the Company to support the decision to terminate for Cause, to afford Executive a reasonable opportunity to effect a cure, if permitted and possible under the applicable subsections of the definition of Cause. In the event of a resignation for Good Reason, written confirmation will specify the subsection(s) of the definition of Good Reason being relied on by Executive to support the decision to resign for Good Reason, to afford the Company a reasonable opportunity to cure under the applicable subsections of the definition of Good Reason.

Appears in 4 contracts

Samples: Employment Agreement (Scripps Safe, Inc.), Employment Agreement (Zynex Inc), Employment Agreement (Zynex Inc)

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Notice; Effective Date of Termination. a. (a) Termination of Executive’s employment pursuant to this Agreement will shall be effective on the earliest of: (i) excluding a termination due to Executive’s death or Disability, the date on which the Company gives notice to Executive of Executive’s termination, with or without Cause, unless the Company specifies a later date, in which case, termination will shall be effective as of such later date; (ii) the date of Executive’s death; (iii) ten (10) days after the Company gives notice to Executive of Executive’s termination on account of Executive’s Disability; or (iv) thirty (30) days after 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 30th day thereafter (i.e., the effective date of resignation, but for this Section 7.5(a7.6(a)), in which case the Executive’s resignation will shall be effective as of such earlier date (the date on which Executive’s resignation becomes effective, the “Actual Resignation Effective Date”). b. (b) In the event that notice of a termination 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 the event of a termination for Cause, written confirmation will shall specify the subsection(s) of the definition of Cause being relied on by the Company to support the decision to terminate for Cause, to afford Executive a reasonable opportunity to effect a cure, if permitted and possible under the applicable subsections of the definition of Cause. In the event of a resignation for Good Reason, written confirmation will shall specify the subsection(s) of the definition of Good Reason being relied on by Executive to support the decision to resign for Good Reason, to afford the Company a reasonable opportunity to cure under the applicable subsections of the definition of Good Reason.

Appears in 4 contracts

Samples: Legal Release of Claims (Evolving Systems Inc), Employment Agreement (Evolving Systems Inc), Employment Agreement (Evolving Systems Inc)

Notice; Effective Date of Termination. a. Termination of Executive’s employment pursuant to this Agreement will be effective on the earliest of: (i) excluding a termination due to Executive’s death or Disability, the date on which the Company gives notice to Executive of Executive’s termination, with or without Cause, unless the Company specifies a later date, in which case, termination will be effective as of such later date; (ii) the date of Executive’s death; (iii) ten (10) days after the Company gives notice to Executive of Executive’s termination on account of Executive’s Disability; or (iv) thirty (30) days after 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 30th day thereafter (i.e., the effective date of resignation, but for this Section 7.5(a7.6(a)), in which case the Executive’s resignation will be effective as of such earlier date (the date on which Executive’s resignation becomes effective, the “Actual Resignation Effective Date”). b. In the event that notice of a termination 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 the event of a termination for Cause, written confirmation will specify the subsection(s) of the definition of Cause being relied on by the Company to support the decision to terminate for Cause, to afford Executive a reasonable opportunity to effect a cure, if permitted and possible under the applicable subsections of the definition of Cause. In the event of a resignation for Good Reason, written confirmation will specify the subsection(s) of the definition of Good Reason being relied on by Executive to support the decision to resign for Good Reason, to afford the Company a reasonable opportunity to cure under the applicable subsections of the definition of Good Reason.

Appears in 3 contracts

Samples: Employment Agreement (Evolving Systems Inc), Employment Agreement (Evolving Systems Inc), Employment Agreement (Evolving Systems Inc)

Notice; Effective Date of Termination. a. Any Notice of Termination of employment under this Agreement must be communicated by or to the Executive or the Bank, as applicable, in accordance with Section 17. For purposes of this Agreement, the term “Date of Termination” means the Executive’s termination of employment pursuant to this Agreement Agreement, which will be effective on the earliest of: : (i) excluding a termination due to Executive’s death or Disability, immediately after the date on which the Company Bank gives notice to the Executive of the Executive’s termination, with or without termination Without Cause, unless the Company specifies parties agree to a later date, in which case, termination will be effective as of such later date; ; (ii) immediately upon approval by the date Board of Directors of termination of the Executive’s death; employment for Cause; (iii) ten (10) days after immediately upon the Company gives notice to Executive of Executive’s termination on account of Executive’s death or Disability; or (iv) thirty (30) days after the Executive gives written notice to the Company Bank of the Executive’s resignationresignation from employment (including With Good Reason), provided that the Company Bank may set a an earlier termination date at any time between prior to the date of notice and the 30th day thereafter (i.e., the effective date termination of resignation, but for this Section 7.5(a))employment, in which case the Executive’s resignation will shall be effective as of such earlier date that date; or (v) in the event of the Executive’s termination With Good Reason due to a material reduction in Base Salary, the date on which the Executive provides Notice of Termination in accordance with Section 4(f)(i). If, within 30 days after any Notice of Termination of employment by the Bank, the Executive notifies the Bank that a dispute exists concerning the termination, the parties shall promptly proceed to arbitration, as provided in Section 14. Notwithstanding the pendency of any such dispute, the Bank may discontinue paying the Executive’s resignation becomes effectivecompensation until the dispute is finally resolved in accordance with this Agreement. If it is determined that the Executive is entitled to compensation and benefits under this Agreement, the “Actual Resignation Effective Date”payment of such compensation and benefits by the Bank shall commence immediately following the date of resolution by arbitration, with interest due the Executive on the cash amount that would have been paid pending arbitration (at the prime rate as published in The Wall Street Journal from time to time). b. In the event that notice of a termination 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 the event of a termination for Cause, written confirmation will specify the subsection(s) of the definition of Cause being relied on by the Company to support the decision to terminate for Cause, to afford Executive a reasonable opportunity to effect a cure, if permitted and possible under the applicable subsections of the definition of Cause. In the event of a resignation for Good Reason, written confirmation will specify the subsection(s) of the definition of Good Reason being relied on by Executive to support the decision to resign for Good Reason, to afford the Company a reasonable opportunity to cure under the applicable subsections of the definition of Good Reason.

Appears in 3 contracts

Samples: Employment Agreement (SR Bancorp, Inc.), Employment Agreement (SR Bancorp, Inc.), Employment Agreement (SR Bancorp, Inc.)

Notice; Effective Date of Termination. a. Any Notice of Termination of employment under this Agreement must be communicated by or to the Executive or the Bank, as applicable, in accordance with Section 17. For purposes of this Agreement, the term “Date of Termination” means the Executive’s termination of employment pursuant to this Agreement Agreement, which will be effective on the earliest of: : (i) excluding a termination due to Executive’s death immediately after the Bank or Disability, the date on which the Company gives notice to the Executive of the Executive’s termination, with or without termination Without Cause, unless the Company specifies parties agree to a later date, in which case, termination will be effective as of such later date; ; (ii) immediately upon approval by the date Board of Directors of termination of the Executive’s death; employment for Cause; (iii) ten (10) days after immediately upon the Company gives notice to Executive of Executive’s termination on account of Executive’s death or Disability; or (iv) thirty (30) days after the Executive gives written notice to the Company Bank of the Executive’s resignationresignation from employment (including With Good Reason), provided that the Company Bank may set a an earlier termination date at any time between prior to the date of notice and the 30th day thereafter (i.e., the effective date termination of resignation, but for this Section 7.5(a))employment, in which case the Executive’s resignation will shall be effective as of such earlier date that date; or (v) in the event of the Executive’s termination With Good Reason due to a material reduction in Base Salary, the date on which the Executive provides Notice of Termination in accordance with Section 4(f)(i). If, within 30 days after any Notice of Termination of employment by the Bank, the Executive notifies the Bank that a dispute exists concerning the termination, the parties shall promptly proceed to arbitration, as provided in Section 14. Notwithstanding the pendency of any such dispute, the Bank may discontinue paying the Executive’s resignation becomes effectivecompensation until the dispute is finally resolved in accordance with this Agreement. If it is determined that the Executive is entitled to compensation and benefits under this Agreement, the “Actual Resignation Effective Date”payment of such compensation and benefits by the Bank shall commence immediately following the date of resolution by arbitration, with interest due the Executive on the cash amount that would have been paid pending arbitration (at the prime rate as published in The Wall Street Journal from time to time). b. In the event that notice of a termination 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 the event of a termination for Cause, written confirmation will specify the subsection(s) of the definition of Cause being relied on by the Company to support the decision to terminate for Cause, to afford Executive a reasonable opportunity to effect a cure, if permitted and possible under the applicable subsections of the definition of Cause. In the event of a resignation for Good Reason, written confirmation will specify the subsection(s) of the definition of Good Reason being relied on by Executive to support the decision to resign for Good Reason, to afford the Company a reasonable opportunity to cure under the applicable subsections of the definition of Good Reason.

Appears in 3 contracts

Samples: Employment Agreement (Fifth District Bancorp, Inc.), Employment Agreement (Fifth District Bancorp, Inc.), Employment Agreement (Fifth District Bancorp, Inc.)

Notice; Effective Date of Termination. a. (a) Termination of Executive’s employment pursuant to this Agreement will be effective on the earliest of: (i) excluding a termination due to Executive’s death or Disability, the date on which the Company gives notice to Executive of Executive’s termination, with or without Cause, unless the Company specifies a later date, in which case, termination will be effective as of such later date; (ii) the date of Executive’s death; (iii) ten (10) days after the Company gives notice to Executive of Executive’s termination on account of Executive’s Disability; or (iv) thirty (30) days after 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 30th day thereafter (i.e., the effective date of resignation, but for this Section 7.5(a7.6(a)), in which case the Executive’s resignation will be effective as of such earlier date (the date on which Executive’s resignation becomes effective, the “Actual Resignation Effective Date”). b. (b) In the event that notice of a termination 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 the event of a termination for Cause, written confirmation will specify the subsection(s) of the definition of Cause being relied on by the Company to support the decision to terminate for Cause, to afford Executive a reasonable opportunity to effect a cure, if permitted and possible under the applicable subsections of the definition of Cause. In the event of a resignation for Good Reason, written confirmation will specify the subsection(s) of the definition of Good Reason being relied on by Executive to support the decision to resign for Good Reason, to afford the Company a reasonable opportunity to cure under the applicable subsections of the definition of Good Reason.

Appears in 2 contracts

Samples: Employment Agreement (Evolving Systems Inc), Employment Agreement (Evolving Systems Inc)

Notice; Effective Date of Termination. a. Termination of Executive’s employment pursuant to this Agreement will be effective on the earliest of: (i) excluding a termination due to Executive’s death or Disability, the date on which the Company gives notice to Executive of Executive’s termination, with or without Cause, unless the Company specifies a later date, in which case, termination will be effective as of such later date; (ii) the date of Executive’s death; (iii) ten (10) days after the Company gives notice to Executive of Executive’s termination on account of Executive’s Disability; or (iv) thirty ninety (3090) days after 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 30th 90th day thereafter (i.e., the effective date of resignation, but for this Section 7.5(a7.6(a)), in which case the Executive’s resignation will be effective as of such earlier date (the date on which Executive’s resignation becomes effective, the “Actual Resignation Effective Date”). b. In the event that notice of a termination 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 the event of a termination for Cause, written confirmation will specify the subsection(s) of the definition of Cause being relied on by the Company to support the decision to terminate for Cause, to afford Executive a reasonable opportunity to effect a cure, if permitted and possible under the applicable subsections of the definition of Cause. In the event of a resignation for Good Reason, written confirmation will specify the subsection(s) of the definition of Good Reason being relied on by Executive to support the decision to resign for Good Reason, to afford the Company a reasonable opportunity to cure under the applicable subsections of the definition of Good Reason.

Appears in 1 contract

Samples: Employment Agreement (Evolving Systems Inc)

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Notice; Effective Date of Termination. a. Termination of Executive’s employment pursuant to this Agreement will be effective on the earliest of: (i) excluding a termination due to Executive’s death or Disability, the date on which the Company gives notice to Executive of Executive’s termination, with or without Cause, unless the Company specifies a later date, in which case, termination will be effective as of such later date; (ii) the date of Executive’s death; (iii) ten (10) days after the Company gives notice to Executive of Executive’s termination on account of Executive’s Disability; or (iv) thirty (30) days after 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 30th day thereafter (i.e., the effective date of resignation, but for this Section 7.5(a7.4a)), in which case the Executive’s resignation will be effective as of such earlier date (the date on which Executive’s resignation becomes effective, the “Actual Resignation Effective Date”). b. In the event that notice of a termination 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 the event of a termination for Cause, written confirmation will specify the subsection(s) of the definition of Cause being relied on by the Company to support the decision to terminate for Cause, to afford Executive a reasonable opportunity to effect a cure, if permitted and possible under the applicable subsections of the definition of Cause. In the event of a resignation for Good Reason, written confirmation will specify the subsection(s) of the definition of Good Reason being relied on by Executive to support the decision to resign for Good Reason, to afford the Company a reasonable opportunity to cure under the applicable subsections of the definition of Good Reason.

Appears in 1 contract

Samples: Employment Agreement (Zynex Inc)

Notice; Effective Date of Termination. a. (a) Termination of Executive’s 's employment pursuant to this Agreement will shall be effective on the earliest of: (i) excluding a termination due to Executive’s death or Disability, the date on which immediately after the Company gives written notice to Executive of Executive’s termination, with or 's termination without Cause, unless the Company specifies a later date, in which case, termination will shall be effective as of such later date; (ii) immediately after the date Company gives written notice to Executive of Executive’s death's termination or Cause; (iii) ten (10) days after immediately upon the Company gives notice to Executive of Executive’s termination on account of Executive’s Disability; or's death; (iv) thirty (30) 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 time performance of Executive's duties prior to such date; (v) thirty (30) days after the Executive gives written notice to the Company of Executive’s resignation's resignation without Good Reason, provided that unless the Company may set agrees to a termination different date at any time between the date of notice and the 30th day thereafter (i.e., the effective date of resignation, but for this Section 7.5(a)), in which case the Executive’s 's resignation will shall be effective as of such earlier date other date; or (vi) upon the date on which Executive’s resignation becomes effective, the “Actual Resignation Effective Date”). b. In the event that notice of a termination 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 end of the request. In thirty (30) day cure period as provided in Section 6.4(b) above (in the event of a termination for Cause, written confirmation will specify the subsection(s) of the definition of Cause being relied on by the Company to support the decision to terminate for Cause, to afford Executive a reasonable opportunity to effect a cure, if permitted and possible under the applicable subsections of the definition of Cause. In the event case of a resignation for Good Reason), written confirmation will specify if the subsection(s) of the definition of Good Reason being relied on by Executive to support the decision to resign for "Good Reason, to afford " has not been cured by the Company within such thirty (30) day cure period and Executive otherwise fully complies with the procedures set forth in Section 6.4(b) above, unless the Company agrees to a reasonable opportunity different 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. (b) Executive will receive compensation through any required notice period in the event of termination for any reason. However, the Company reserves the right to cure under require that the applicable subsections of the definition of Good ReasonExecutive not perform any services or report to work during any required notice period.

Appears in 1 contract

Samples: Key Employee Agreement (Millennial Media Inc.)

Notice; Effective Date of Termination. a. (a) Termination of Executive’s employment pursuant to this Agreement will shall be effective on the earliest of: (i) excluding a termination due to Executive’s death or Disability, thirty (30) days after the date on which the Company ESL gives notice to Executive of Executive’s termination, with or without Cause, unless the Company ESL specifies a later date, in which case, termination will shall be effective as of such later date; (ii) the date of Executive’s death; (iii) ten (10) days after the Company ESL gives notice to Executive of Executive’s termination on account of Executive’s Disability; or (iv) thirty (30) days after Executive gives written notice to the Company ESL of Executive’s resignation, provided that the Company ESL may set a termination date at any time between the date of notice and the 30th day thereafter (i.e., the effective date of resignation, but for this Section 7.5(a3.6(a)), in which case the Executive’s resignation will shall be effective as of such earlier date (the date on which Executive’s resignation becomes effective, the “Actual Resignation Effective Date”). b. (b) In the event that notice of a termination 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 the event of a termination for Cause, written confirmation will shall specify the subsection(s) of the definition of Cause being relied on by the Company ESL to support the decision to terminate for Cause, to afford Executive a reasonable opportunity to effect a cure, if permitted and possible under the applicable subsections of the definition of Cause. In the event of a resignation for Good Reason, written confirmation will shall specify the subsection(s) of the definition of Good Reason being relied on by Executive to support the decision to resign for Good Reason, to afford the Company ESL a reasonable opportunity to cure under the applicable subsections of the definition of Good Reason.

Appears in 1 contract

Samples: Employment Agreement (Evolving Systems Inc)

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