Common use of Notice of Termination of Employment Clause in Contracts

Notice of Termination of Employment. (a) Any termination of the Employee’s employment by the Company or by the Employee (other than due to the death of the Employee) shall be communicated by a written notice to the other party hereto (the “Notice of Termination”), given in accordance with Section 7. Any Notice of Termination shall: (i) indicate the specific termination provision (if any) of this Agreement relied upon by the party giving such notice, (ii) to the extent applicable, set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Employee’s employment under the provision so indicated and (iii) specify the Date of Termination (as defined below). The effective date of an employment termination (the “Date of Termination”) shall be the close of business on the date specified in the Notice of Termination (which date may not be less than 15 days (30 days for a Good Reason termination) or more than 120 days after the date of delivery of such Notice of Termination), in the case of a termination other than one due to the Employee’s death, or the date of the Employee’s death, as the case may be. (b) The failure by the Employee or the Company to set forth in the Notice of Termination any fact or circumstance which contributes to a showing of Good Reason or Cause shall not waive any right of the Employee or the Company, respectively, hereunder or preclude the Employee or the Company, respectively, from asserting any such fact or circumstance in enforcing the Employee’s or the Company’s rights hereunder. (c) Any Notice of Termination for Cause given by the Company must be given within 90 days of the occurrence of the event(s) or circumstance(s) which constitute(s) Cause.

Appears in 4 contracts

Samples: Retention Agreement (Applix Inc /Ma/), Retention Agreement (Applix Inc /Ma/), Retention Agreement (Applix Inc /Ma/)

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Notice of Termination of Employment. (a) Any termination of the Employee’s 's employment by the Company or by the Employee (other than due to the death of the Employee) shall be communicated by a written notice to the other party hereto (the "Notice of Termination"), given in accordance with Section 7. Any Notice of Termination shall: (i) indicate the specific termination provision (if any) of this Agreement relied upon by the party giving such notice, (ii) to the extent applicable, set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Employee’s 's employment under the provision so indicated and (iii) specify the Date of Termination (as defined below). The effective date of an employment termination (the "Date of Termination") shall be the close of business on the date specified in the Notice of Termination (which date may not be less than 15 days (30 days for a Good Reason termination) or more than 120 days after the date of delivery of such Notice of Termination), in the case of a termination other than one due to the Employee’s 's death, or the date of the Employee’s 's death, as the case may be. (b) The failure by the Employee or the Company to set forth in the Notice of Termination any fact or circumstance which contributes to a showing of Good Reason or Cause shall not waive any right of the Employee or the Company, respectively, hereunder or preclude the Employee or the Company, respectively, from asserting any such fact or circumstance in enforcing the Employee’s 's or the Company’s 's rights hereunder. (c) Any Notice of Termination for Cause given by the Company must be given within 90 days of the occurrence of the event(s) or circumstance(s) which constitute(s) Cause.)

Appears in 4 contracts

Samples: Retention Agreement (Applix Inc /Ma/), Retention Agreement (Applix Inc /Ma/), Retention Agreement (Applix Inc /Ma/)

Notice of Termination of Employment. (a) Any termination of the EmployeeExecutive’s employment by the Company or by the Employee Executive (other than due to the death of the EmployeeExecutive) shall be communicated by a written notice to the other party hereto (the “Notice of Termination”), given in accordance with Section 7. Any Notice of Termination shall: (i) indicate whether the specific termination provision (if any) of this Agreement relied upon by the party giving such noticeis for Cause or Good Reason, (ii) to the extent applicable, set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Employee’s employment under the provision so indicated for Cause or Good Reason and (iii) specify the Date of Termination (as defined below). The effective date of an employment termination (the “Date of Termination”) shall be the close of business on the date specified in the Notice of Termination (which date may not be less than 15 10 days (30 days for a Good Reason termination) or more than 120 90 days after the date of delivery of such Notice of Termination), in the case of a termination other than one due to the EmployeeExecutive’s death, or the date of the EmployeeExecutive’s death, as the case may be. (b) The failure by the Employee Executive or the Company to set forth in the Notice of Termination any fact or circumstance which contributes to a showing of Good Reason or Cause shall not waive any right of the Employee Executive or the Company, respectively, hereunder or preclude the Employee Executive or the Company, respectively, from asserting any such fact or circumstance in enforcing the EmployeeExecutive’s or the Company’s rights hereunder. (c) Any Notice of Termination for Cause given by the Company must be given within 90 days of the occurrence of the event(s) or circumstance(s) which constitute(s) Cause.

Appears in 2 contracts

Samples: Executive Retention Agreement (Netezza Corp), Executive Retention Agreement (Netezza Corp)

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Notice of Termination of Employment. (a) Any termination of the Employee’s Executive's employment by the Company or by the Employee Executive (other than due to the death of the EmployeeExecutive) shall be communicated by a written notice to the other party hereto (the "Notice of Termination"), given in accordance with Section 7. Any Notice of Termination shall: (i) indicate whether the specific termination provision (if any) of this Agreement relied upon by the party giving such noticeis for Cause or Good Reason, (ii) to the extent applicable, set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Employee’s employment under the provision so indicated for Cause or Good Reason and (iii) specify the Date of Termination (as defined below). The effective date of an employment termination (the "Date of Termination") shall be the close of business on the date specified in the Notice of Termination (which date may not be less than 15 10 days (30 days for a Good Reason termination) or more than 120 90 days after the date of delivery of such Notice of Termination), in the case of a termination other than one due to the Employee’s Executive's death, or the date of the Employee’s Executive's death, as the case may be. (b) The failure by the Employee Executive or the Company to set forth in the Notice of Termination any fact or circumstance which contributes to a showing of Good Reason or Cause shall not waive any right of the Employee Executive or the Company, respectively, hereunder or preclude the Employee Executive or the Company, respectively, from asserting any such fact or circumstance in enforcing the Employee’s Executive's or the Company’s 's rights hereunder. (c) Any Notice of Termination for Cause given by the Company must be given within 90 days of the occurrence of the event(s) or circumstance(s) which constitute(s) Cause.)

Appears in 1 contract

Samples: Executive Retention Agreement (Netezza Corp)

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