Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 37 contracts
Samples: Change of Control Severance Agreement (Harmonic Inc), Change of Control Severance Agreement (Harmonic Inc), Change of Control Severance Agreement (Harmonic Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this AgreementSection. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date Termination Date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 36 contracts
Samples: Change of Control Severance Agreement (Argonaut Technologies Inc), Change of Control Severance Agreement (Utstarcom Inc), Change of Control Severance Agreement (Utstarcom Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee Executive as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a9(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee Executive to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee Executive hereunder or preclude the Employee Executive from asserting such fact or circumstance in enforcing his the Executive’s rights hereunder.
Appears in 31 contracts
Samples: Employment Severance Agreement (Cost Plus Inc/Ca/), Employment Severance Agreement (Cost Plus Inc/Ca/), Employment Severance Agreement (Cost Plus Inc/Ca/)
Notice of Termination. Any termination by the Company for Cause or by the Employee for Good Reason or as a result of a voluntary resignation or an Involuntary Termination shall will be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this Agreement. Such notice shall will indicate the specific termination provision in this Agreement relied upon, shall will set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall will specify the termination date (which shall will be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall Good Reason will not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his or her rights hereunder.
Appears in 22 contracts
Samples: Severance Agreement (Giga Tronics Inc), Severance Agreement (Giga Tronics Inc), Severance Agreement (Giga Tronics Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee Executive as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a9(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee Executive to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee Executive hereunder or preclude the Employee Executive from asserting such fact or circumstance in enforcing his Executive’s rights hereunder.
Appears in 18 contracts
Samples: Employment Severance Agreement (Cost Plus Inc/Ca/), Employment Severance Agreement (Cost Plus Inc/Ca/), Employment Severance Agreement (Cost Plus Inc/Ca/)
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this AgreementSection. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date Termination Date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 15 contracts
Samples: Severance Agreement (Utstarcom Inc), Severance Agreement (Utstarcom Inc), Termination Severance Agreement (Utstarcom Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee Executive as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of or termination to the other party hereto given in accordance with Section 8(a) 10 of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee Executive to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee Executive hereunder or preclude the Employee Executive from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 14 contracts
Samples: Management Continuity Agreement (Fremont General Corp), Management Continuity Agreement (Fremont General Corp), Management Continuity Agreement (Fremont General Corp)
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this AgreementSection. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date Termination Date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee to provide the notice or to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 12 contracts
Samples: Employment Agreement (Acelrx Pharmaceuticals Inc), Change of Control Severance Agreement (Nextest Systems Corp), Change of Control Severance Agreement (Threshold Pharmaceuticals Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee for Good Reason or as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a7(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination Good Reason shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his or her rights hereunder.
Appears in 11 contracts
Samples: Change of Control Severance Agreement (Microchip Technology Inc), Change of Control Severance Agreement (Microchip Technology Inc), Change of Control Severance Agreement (Microchip Technology Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a7(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 9 contracts
Samples: Management Retention Agreement (Bell Microproducts Inc), Management Retention Agreement (Bell Microproducts Inc), Management Retention Agreement (Bell Microproducts Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee for Good Reason or Disability or as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a8(b) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination Good Reason or Disability shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his or her rights hereunder.
Appears in 9 contracts
Samples: Change of Control Severance Agreement (Polycom Inc), Change of Control Severance Agreement (Spectralink Corp), Change of Control Severance Agreement (Polycom Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this AgreementSection. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date Termination Date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his Employee’s rights hereunder.
Appears in 9 contracts
Samples: Change of Control Severance Agreement (Glu Mobile Inc), Change of Control Severance Agreement (Glu Mobile Inc), Change of Control Severance Agreement (Glu Mobile Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee for Good Reason or Disability or as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination Good Reason or Disability shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his or her rights hereunder.
Appears in 9 contracts
Samples: Change of Control Agreement, Change of Control Agreement (Juniper Networks Inc), Change of Control Agreement (Juniper Networks Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee for Good Reason or due to Disability or as a result of a any voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with this Section 8(a9(b) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination Good Reason or Disability shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his or her rights hereunder.
Appears in 9 contracts
Samples: Control Severance Agreement, Change of Control Severance Agreement (Polycom Inc), Change of Control Severance Agreement (Polycom Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee as pursuant to a result of a voluntary resignation or an Involuntary Voluntary Termination for Good Reason shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Voluntary Termination for Good Reason shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 8 contracts
Samples: Management Retention Agreement (3com Corp), Management Retention Agreement (3com Corp), Management Retention Agreement (3com Corp)
Notice of Termination. Any termination by the Company for Cause --------------------- or by the Employee Executive as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee Executive to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee Executive hereunder or preclude the Employee Executive from asserting such fact or circumstance in enforcing his Executive's rights hereunder.
Appears in 8 contracts
Samples: Employment Severance Agreement (Cost Plus Inc/Ca/), Employment Severance Agreement (Cost Plus Inc/Ca/), Employment Severance Agreement (Cost Plus Inc/Ca/)
Notice of Termination. Any termination by the Company for Cause or by the Employee Officer as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee Officer to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee Officer hereunder or preclude the Employee Officer from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 8 contracts
Samples: Control Severance Agreement (Intraware Inc), Change of Control Severance Agreement (Intraware Inc), Change of Control Severance Agreement
Notice of Termination. Any termination by the Company for Cause --------------------- or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this AgreementSection. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights right hereunder.
Appears in 7 contracts
Samples: Employment Agreement (Notify Corp), Employment Agreement (Notify Corp), Employment Agreement (Notify Corp)
Notice of Termination. Any termination of the Employee’s employment by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination in circumstances described in Section 1(c)(ii) shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this AgreementSection. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date Termination Date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 7 contracts
Samples: Retention Agreement, Executive Retention Agreement (GlassHouse Technologies Inc), Executive Retention Agreement (GlassHouse Technologies Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an and any Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his or her rights hereunder.
Appears in 6 contracts
Samples: Change of Control Severance Agreement (Latitude Communications Inc), Change of Control Agreement (Netcentives Inc), Change of Control Severance Agreement (Sync Research Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee for Good Reason or Disability or as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a9(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination Good Reason or Disability shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his or her rights hereunder.
Appears in 6 contracts
Samples: Change of Control Agreement (Omniture, Inc.), Change of Control Agreement (Omniture, Inc.), Change of Control Agreement (Omniture, Inc.)
Notice of Termination. Any termination by the Company for Cause or by the Employee Executive as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with this Section 8(a) of this Agreement8. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date Termination Date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee Executive to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee Executive hereunder or preclude the Employee Executive from asserting such fact or circumstance in enforcing his the Executive’s rights hereunder, subject to the requirements of Section 1(c).
Appears in 6 contracts
Samples: Change of Control Severance Agreement (Logicvision Inc), Change of Control Severance Agreement (Logicvision Inc), Change of Control Severance Agreement (Logicvision Inc)
Notice of Termination. Any termination by the Company Corporation for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to of the other party hereto given in accordance with this Section 8(a) 8 of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 fifteen (15) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his or her rights hereunder.
Appears in 6 contracts
Samples: Officer Change of Control Agreement (Quantum Corp /De/), Officer Change of Control Agreement (Quantum Corp /De/), Chief Executive Change of Control Agreement (Quantum Corp /De/)
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 6 contracts
Samples: Control Severance Agreement (Intraware Inc), Change of Control Severance Agreement (Catalytica Energy Systems Inc), Change of Control Severance Agreement (Catalytica Energy Systems Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee Officer as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with this Section 8(a) of this Agreement9. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date Termination Date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee Officer to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee Officer hereunder or preclude the Employee Officer from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 6 contracts
Samples: Change of Control Agreement (Omm Inc), Change of Control Agreement (Omm Inc), Change of Control Agreement (Omm Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee for Good Reason or as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a8(b) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination Good Reason shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his or her rights hereunder.
Appears in 5 contracts
Samples: Change of Control Severance Agreement (Centillium Communications Inc), Change of Control Severance Agreement (Centillium Communications Inc), Change of Control Severance Agreement (Centillium Communications Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee Executive as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with this Section 8(a) of this Agreement8. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date Termination Date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee Executive to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee Executive hereunder or preclude the Employee Executive from asserting such fact or circumstance in enforcing his rights hereunder, subject to the requirements of Section 1(c).
Appears in 5 contracts
Samples: Change of Control Severance Agreement (INPHI Corp), Change of Control Severance Agreement (INPHI Corp), Severance and Change of Control Agreement (INPHI Corp)
Notice of Termination. Any termination by the Company for Cause or by the Employee Executive as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with this Section 8(a) of this Agreement11. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date Termination Date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee Executive to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee Executive hereunder or preclude the Employee Executive from asserting such fact or circumstance in enforcing his Executive’s rights hereunder, subject to the requirements of Section 1(e).
Appears in 5 contracts
Samples: Performant Financial (Performant Financial Corp), Change in Control and Severance Agreement (Performant Financial Corp), Change of Control and Severance Agreement (Invitae Corp)
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a10 (a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 4 contracts
Samples: Retention Agreement (Catalytica Energy Systems Inc), Retention Agreement (Catalytica Energy Systems Inc), Retention Agreement (Catalytica Energy Systems Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee Executive for Good Reason or due to Disability or as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a6(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee Executive to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination Good Reason shall not waive any right of the Employee Executive hereunder or preclude the Employee Executive from asserting such fact or circumstance in enforcing his or her rights hereunder.
Appears in 4 contracts
Samples: Change of Control and Retention Agreement (Fastly, Inc.), Change of Control and Retention Agreement (Fastly, Inc.), Change of Control and Retention Agreement (Fastly, Inc.)
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this AgreementSection. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date Termination Date (which shall be not more than 30 7 days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 4 contracts
Samples: Control Severance Agreement (Silicon Energy Corp), Retention Agreement (Silicon Energy Corp), Control Severance Agreement (Silicon Energy Corp)
Notice of Termination. Any termination by the Company for Cause Disability or Cause, or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with this Section 8(a) of this Agreement10(b). Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 4 contracts
Samples: Employment Agreement (Silicon Valley Group Inc), Employment Agreement (Silicon Valley Group Inc), Employment Agreement (Silicon Valley Group Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee Executive as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this AgreementSection. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date Termination Date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee Executive to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee Executive hereunder or and preclude the Employee Executive from later asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 4 contracts
Samples: Employment Agreement (Imageware Systems Inc), Employment Agreement (Imageware Systems Inc), Employment Agreement (Imageware Systems Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee as pursuant to a result of a voluntary resignation or an Involuntary Voluntary Termination for Good Reason shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which that contributes to a showing of Involuntary Voluntary Termination for Good Reason shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 4 contracts
Samples: Change of Control Severance Agreement (Chalone Wine Group LTD), Change of Control Severance Agreement (Chalone Wine Group LTD), Change of Control Severance Agreement (Chalone Wine Group LTD)
Notice of Termination. Any termination by the Company for Cause or by the Employee Executive as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with this Section 8(a) of this Agreement8. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date Termination Date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee Executive to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee Executive hereunder or preclude the Employee Executive from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 4 contracts
Samples: Change of Control Severance Agreement (Logicvision Inc), Change of Control Severance Agreement (Techwell Inc), Control Severance Agreement (Critical Path Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this AgreementSection. Such notice shall indicate indicate, the specific termination provision in this Agreement relied upon, shall be set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights right hereunder.
Appears in 4 contracts
Samples: Employment Agreement (Notify Technology Corp), Employment Agreement (Notify Technology Corp), Employment Agreement (Notify Technology Corp)
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a12 (a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 4 contracts
Samples: Employment Agreement (Catalytica Energy Systems Inc), Employment Agreement (Catalytica Energy Systems Inc), Employment Agreement (Catalytica Energy Systems Inc)
Notice of Termination. Any termination of the Employee’s employment by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination in circumstances described in Section 1(e)(ii) shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this AgreementSection. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date Termination Date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 4 contracts
Samples: Executive Retention Agreement (GlassHouse Technologies Inc), Executive Retention Agreement (GlassHouse Technologies Inc), Executive Retention Agreement (GlassHouse Technologies Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a10(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date Termination Date (which shall be not more than 30 ninety (90) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 4 contracts
Samples: Magma Design Automation Employment and Severence Agreement (Magma Design Automation Inc), Employment Agreement (Synopsys Inc), Employment Agreement (Synopsys Inc)
Notice of Termination. Any termination by the Company CollaGenex for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto to this Agreement given in accordance with Section 8(a) of this AgreementSection. Such notice shall (i) indicate the specific termination provision in this Agreement relied upon, shall (ii) set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall (iii) specify the termination date Termination Date (which shall be not more than 30 days after the giving of such notice). The failure by If the Employee fails to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination Termination, that failure shall not waive any right of the Employee hereunder under this Agreement or preclude the Employee from asserting such fact or circumstance in enforcing his or her rights hereunderunder this Agreement.
Appears in 4 contracts
Samples: Change of Control Agreement (Collagenex Pharmaceuticals Inc), Change of Control Agreement (Collagenex Pharmaceuticals Inc), Change of Control Agreement (Collagenex Pharmaceuticals Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this AgreementSection. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date Termination Date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee to provide the notice or to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his Employee’s rights hereunder.
Appears in 3 contracts
Samples: Change of Control Severance Agreement (Pixelworks Inc), Change of Control Severance Agreement (Pixelworks Inc), Change of Control Severance Agreement (Pixelworks Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee Executive as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this AgreementSection. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date Termination Date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee Executive to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee Executive hereunder or preclude the Employee Executive from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 3 contracts
Samples: Control and Severance Benefits Agreement (Imageware Systems Inc), Employment Agreement (Imageware Systems Inc), Employment Agreement (Imageware Systems Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee Officer as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee Officer to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee Officer hereunder or preclude the Employee Officer from asserting such fact or circumstance in enforcing his her rights hereunder.
Appears in 3 contracts
Samples: Control Severance Agreement (Intraware Inc), Change of Control Severance Agreement (Intraware Inc), Change of Control Severance Agreement (Intraware Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) the notice provisions of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 15 days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 3 contracts
Samples: Management Continuity Agreement (Usweb Corp), Management Continuity Agreement (Usweb Corp), Management Continuity Agreement (Usweb Corp)
Notice of Termination. Any termination by the Company for Cause Disability or Cause, or by the Employee Executive as a result of a voluntary resignation or an Involuntary Termination Termination, shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(aparagraph 19(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 days after the giving of such noticein accordance with paragraph 11(g). The failure by the Employee Executive to include in the notice any fact or circumstance which that contributes to a showing of Involuntary Termination shall not waive any right of the Employee Executive hereunder or preclude the Employee Executive from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 3 contracts
Samples: Employment Agreement (Plantronics Inc /Ca/), Employment Agreement (Plantronics Inc /Ca/), Amended and Restated (Plantronics Inc /Ca/)
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a9(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his Employee’s rights hereunder.
Appears in 3 contracts
Samples: Employment Severance Agreement (Cost Plus Inc/Ca/), Employment Severance Agreement (Cost Plus Inc/Ca/), Employment Severance Agreement (Cost Plus Inc/Ca/)
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a7(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date Termination Date (which shall be not more than 30 ninety (90) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 3 contracts
Samples: Employment Agreement (Centigram Communications Corp), Change in Control Agreement (Netcom Systems Inc), Change in Control Agreement (Netcom Systems Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an and any Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a9(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his or her rights hereunder.
Appears in 3 contracts
Samples: Control Severance Agreement (Sync Research Inc), Control Severance Agreement (Sync Research Inc), Control Severance Agreement (Sync Research Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee as pursuant to a result of a voluntary resignation or an Involuntary Voluntary Termination for Good Reason shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this Agreement. Such notice shall indicate the specific termination termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Voluntary Termination for Good Reason shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 3 contracts
Samples: Management Retention Agreement (3com Corp), Management Retention Agreement (3com Corp), Management Retention Agreement (3com Corp)
Notice of Termination. Any termination by the Company Corporation for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to of the other party hereto given in accordance with this Section 8(a) 9 of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 fifteen (15) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his or her rights hereunder.
Appears in 3 contracts
Samples: Officer Change of Control Agreement (Quantum Corp /De/), Chief Executive Change of Control Agreement (Quantum Corp /De/), Officer Change of Control Agreement (Quantum Corp /De/)
Notice of Termination. Any termination by the Company Corporation for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to of the other party hereto given in accordance with Section 8(a7(a) of this Agreementabove. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 fifteen (15) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which that contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunderhereunder .
Appears in 3 contracts
Samples: Change of Control Agreement (Catalyst Group Holdings Corp.), Change of Control Agreement (Catalyst Group Holdings Corp.), Change of Control Agreement (Catalyst Group Holdings Corp.)
Notice of Termination. Any termination by the Company for Cause --------------------- or by the Employee for Good Reason or Disability or as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a8(b) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination Good Reason or Disability shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his or her rights hereunder.
Appears in 3 contracts
Samples: Control Severance Agreement (Centillium Communications Inc), Control Severance Agreement (Centillium Communications Inc), Control Severance Agreement (Centillium Communications Inc)
Notice of Termination. Any termination by the Company for --------------------- Cause or by the Employee Executive as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee Executive to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee Executive hereunder or preclude the Employee Executive from asserting such fact or circumstance in enforcing his Executive's rights hereunder.
Appears in 3 contracts
Samples: Employment Severance Agreement (Cost Plus Inc/Ca/), Employment Severance Agreement (Cost Plus Inc/Ca/), Employment Severance Agreement (Cost Plus Inc/Ca/)
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination of the Employee shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this AgreementSECTION. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination of the Employee shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 3 contracts
Samples: Change of Control Agreement (Gadzoox Networks Inc), Change of Control Agreement (Gadzoox Networks Inc), Change of Control Agreement (Gadzoox Networks Inc)
Notice of Termination. Any termination of Employee’s employment by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this AgreementSection. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 15 days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his his/her rights hereunder.
Appears in 2 contracts
Samples: Senior Vp Continuity Agreement (Arthrocare Corp), Senior Vp Continuity Agreement (Arthrocare Corp)
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a7(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than that 30 days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 2 contracts
Samples: Management Retention Agreement (Bell Microproducts Inc), Management Retention Agreement (Bell Microproducts Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee for Good Reason or Disability or as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this Agreementabove. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination Good Reason or Disability shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his or her rights hereunder.
Appears in 2 contracts
Samples: Involuntary Termination Severance Agreement (Fusion-Io, Inc.), Involuntary Termination Severance Agreement (Fusion-Io, Inc.)
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his or her rights hereunder.
Appears in 2 contracts
Samples: Control Severance Agreement (E Piphany Inc), Control Severance Agreement (E Piphany Inc)
Notice of Termination. Any termination by the Company for Cause --------------------- or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 2 contracts
Samples: Control Severance Agreement (Catalytica Inc), Control Severance Agreement (Catalytica Energy Systems Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee as pursuant to a result of a voluntary resignation or an Involuntary Voluntary Termination for Good Reason shall be communicated by a notice of termination to the other party Party hereto given in accordance with Section 8(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more less than 30 thirty (30) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Voluntary Termination for Good Reason shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his his/her rights hereunder.
Appears in 2 contracts
Samples: Management Retention Agreement (3com Corp), Management Retention Agreement (3com Corp)
Notice of Termination. Any termination of the Employee’s employment by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination (other than termination pursuant to Section 7(a), above) shall be communicated by a notice written Notice of termination Termination to the other party hereto given in accordance with Section 8(a) hereto. For purposes of this Agreement. Such , a “Notice of Termination” shall mean a written notice shall indicate which indicates the specific termination provision in this Agreement relied upon, shall set upon and sets 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 shall specify the termination date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee to include set forth in the notice any Notice of Termination any fact or circumstance which contributes to a showing of Involuntary Termination Good Reason shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his her rights hereunder.
Appears in 2 contracts
Samples: Employment Agreement (Healthtronics Surgical Services Inc), Employment Agreement (Healthtronics Surgical Services Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee for Good Reason or Disability or as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a9(a) of this Agreementabove. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination Good Reason or Disability shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his or her rights hereunder.
Appears in 2 contracts
Samples: Change of Control Agreement (Omniture, Inc.), Change of Control Agreement (Omniture, Inc.)
Notice of Termination. Any termination by the Company for Cause or by --------------------- the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 2 contracts
Samples: Control Severance Agreement (Catalytica Combustion Systems Inc), Control Severance Agreement (Catalytica Energy Systems Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee as Executive pursuant to a result of a voluntary resignation or an Involuntary Voluntary Termination for Good Reason shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this Agreement10.1, above, and after the period for cure, as required by Section 12, has been provided. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, indicated and shall specify the termination date (date, which shall be not more than 30 days after the giving of such notice). The failure by the Employee Executive to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination a voluntary termination for Good Reason shall not waive any right of the Employee Executive hereunder or preclude the Employee Executive from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 2 contracts
Samples: Employment and Executive Severance Agreement (Symmetricom Inc), Employment and Executive Severance Agreement (Symmetricom Inc)
Notice of Termination. Any termination by the Company for Cause cause or by the Employee Executive as a result of a voluntary resignation resignation, involuntary termination or an Involuntary Termination retirement shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this AgreementSection. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee Executive to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination involuntary termination shall not waive any right of the Employee Executive hereunder or preclude the Employee Executive from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 2 contracts
Samples: Management Retention Agreement (IGIA, Inc.), Management Retention Agreement (IGIA, Inc.)
Notice of Termination. Any termination by the Company for Cause --------------------- or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this AgreementSection. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date Termination Date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 2 contracts
Samples: Change of Control Agreement (Therasense Inc), Control Severance Agreement (Lynuxworks Inc)
Notice of Termination. Any termination by the Company for Cause or --------------------- by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with this Section 8(a) 8 of this Agreement. Such notice shall indicate indicate, the specific termination provision in this Agreement relied upon, shall be set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive wave any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights right hereunder.
Appears in 2 contracts
Samples: Employment Agreement (Notify Corp), Employment Agreement (Notify Corp)
Notice of Termination. Any termination by the Company for Cause or by the Employee Executive as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this AgreementSection. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee Executive to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee Executive hereunder or preclude the Employee Executive from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 2 contracts
Samples: Management Retention Agreement (Epicor Software Corp), Management Retention Agreement (Epicor Software Corp)
Notice of Termination. Any termination by the Company Corporation for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to of the other party hereto given in accordance with this Section 8(a) 9 of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 fifteen (15) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 2 contracts
Samples: Executive Chairman Change of Control Agreement (Quantum Corp /De/), Chief Executive Change of Control Agreement (Quantum Corp /De/)
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) 9 of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 2 contracts
Samples: Severance Agreement (Cybermedia Inc), Severance Agreement (Cybermedia Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this AgreementSection. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date Termination Date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his or her rights hereunder.
Appears in 2 contracts
Samples: Severance Agreement (Foxhollow Technologies, Inc.), Control Severance Agreement (Overture Services Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this AgreementSection. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 15 days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his his/her rights hereunder.
Appears in 2 contracts
Samples: Vp Continuity Agreement (Arthrocare Corp), Ceo Continuity Agreement (Arthrocare Corp)
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a12(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 2 contracts
Samples: Control and Severance Agreement (Gadzoox Networks Inc), Control and Severance Agreement (Gadzoox Networks Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee for Good Reason or as a result of a any voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with this Section 8(a8(b) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination Good Reason shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his or her rights hereunder.
Appears in 2 contracts
Samples: Change of Control Severance Agreement (Cypress Semiconductor Corp /De/), Change of Control Severance Agreement (Cypress Semiconductor Corp /De/)
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation (whether or an Involuntary Termination not for Good Reason) shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the employment termination date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination Good Reason shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 2 contracts
Samples: Management Retention Agreement (Seagate Technology Malaysia Holding Co Cayman Islands), Management Retention Agreement (Seagate Technology Malaysia Holding Co Cayman Islands)
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this AgreementSection. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date Termination Date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 2 contracts
Samples: Management Continuity Agreement (Sonic Innovations Inc), Management Continuity Agreement (Sonic Innovations Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee for Good Reason or Disability or as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a9(b) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination Good Reason or Disability shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his or her rights hereunder.
Appears in 2 contracts
Samples: Change of Control Severance Agreement (Polycom Inc), Change of Control Severance Agreement (Polycom Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a9(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 ninety (90) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination Good Reason shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 2 contracts
Samples: Employment Agreement (Synopsys Inc), Employment Agreement (Synopsys Inc)
Notice of Termination. Any termination by the Company Right for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto to this Agreement given in accordance with Section 8(a) of this AgreementSection. Such notice shall (i) indicate the specific termination provision in this Agreement relied upon, shall (ii) set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall (iii) specify the termination date Termination Date (which shall be not more than 30 days after the giving of such notice). The failure by If the Employee fails to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination Termination, that failure shall not waive any right of the Employee hereunder under this Agreement or preclude the Employee from asserting such fact or circumstance in enforcing his or her rights hereunderunder this Agreement.
Appears in 2 contracts
Samples: Control Agreement (Right Management Consultants Inc), Control Agreement (Right Management Consultants Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination of the Employee shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this AgreementSECTION 9. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination of the Employee shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 2 contracts
Samples: Change of Control Agreement (Gadzoox Networks Inc), Change of Control Agreement (Gadzoox Networks Inc)
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a11(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 2 contracts
Samples: Management Retention Agreement, Management Retention Agreement (Peregrine Semiconductor Corp)
Notice of Termination. Any termination by the Company for Cause or by the Employee Executive as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with this Section 8(a) of this Agreement11. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date Termination Date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee Executive to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee Executive hereunder or preclude the Employee Executive from asserting such fact or circumstance in enforcing his rights hereunder, subject to the requirements of Section 1(c).
Appears in 2 contracts
Samples: Change of Control and Severance Agreement (SITIME Corp), Change of Control and Severance Agreement (SITIME Corp)
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this AgreementSection. Such notice shall indicate indicate, the specific termination provision in this Agreement relied upon, shall be set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights her right hereunder.. EXHIBIT 10.18
Appears in 1 contract
Notice of Termination. Any termination by the Company for --------------------- Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) 8 of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall SMU be not more than 30 days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 1 contract
Notice of Termination. Any termination by the Company --------------------- for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with this Section 8(a) of this Agreement9. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date Termination Date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his his/her rights hereunder.
Appears in 1 contract
Notice of Termination. Any termination by the Company for Cause or by the Employee Executive as a result of a voluntary resignation or an resignation, Involuntary Termination or Retirement shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this AgreementSection. Such notice shall indicate the specific termination provision in this Amended Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee Executive to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee Executive hereunder or preclude the Employee Executive from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 1 contract
Notice of Termination. Any termination by the Company for Cause or by the Employee for Good Reason or Disability or as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this Agreementabove. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination Good Reason or Disability shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 1 contract
Samples: Involuntary Termination Severance Agreement (Fusion-Io, Inc.)
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a6(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his the Employee’s rights hereunder.
Appears in 1 contract
Notice of Termination. Any termination by the Company for Cause or by the Employee Executive as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with this Section 8(a) of this Agreement13. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date Termination Date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee Executive to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee Executive hereunder or preclude the Employee Executive from asserting such fact or circumstance in enforcing his rights hereunder, subject to the requirements of Section 1(c).
Appears in 1 contract
Samples: Change of Control and Severance Agreement (SITIME Corp)
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a7(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date Termination Date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 1 contract
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this AgreementSection. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights right hereunder.
Appears in 1 contract
Notice of Termination. Any termination by the Company for Cause or by --------------------- the Employee Executive as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee Executive to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee Executive hereunder or preclude the Employee Executive from asserting such fact or circumstance in enforcing his Executive's rights hereunder.
Appears in 1 contract
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a11(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 1 contract
Samples: Employment Agreement (Catalytica Energy Systems Inc)
Notice of Termination. Any termination by the Company for Cause --------------------- or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a11(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date Termination Date (which shall be not more than 30 ninety (90) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 1 contract
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with this Section 8(a) of this Agreement8. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date Termination Date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 1 contract
Notice of Termination. Any termination by the Company for Cause or by the Employee for Good Reason or Disability or as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination Good Reason or Disability shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his her rights hereunder.
Appears in 1 contract
Notice of Termination. Any termination by the Company Connetics for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto to this Agreement given in accordance with Section 8(a) of this AgreementSection. Such notice shall (i) indicate the specific termination provision in this Agreement relied upon, shall (ii) set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall (iii) specify the termination date Termination Date (which shall be not more than 30 days after the giving of such notice). The failure by If the Employee fails to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination Termination, that failure shall not waive any right of the Employee hereunder under this Agreement or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunderunder this Agreement.
Appears in 1 contract
Notice of Termination. Any termination by the Company for Cause --------------------- or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a11(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date Termination Date (which shall be not more than 30 ninety (90) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.of
Appears in 1 contract
Notice of Termination. Any termination by the Company for Cause or by the Employee for Good Reason or Disability or as a result of a voluntary resignation or an Involuntary Termination shall be communicated communi-cated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination Good Reason or Disability shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his or her rights hereunder.
Appears in 1 contract
Notice of Termination. Any termination by the Company for Cause or by the Employee as a result of a voluntary resignation or an Involuntary Termination shall be communicated by a notice of termination to the other party hereto given give in accordance with Section 8(a10(a) of this Agreement. Such notice shall indicate the specific termination provision in this Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than 30 days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Involuntary Termination shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his rights hereunder.
Appears in 1 contract
Samples: Management Retention Agreement (C Cube Microsystems Inc/De)