Other Post Termination Obligations. (a) In the event of termination of Executive’s employment, the sole obligation of the Company will be its obligation to make the payments called for by the BUCA, Inc. Executive Severance Plan, if applicable, in accordance with the terms and conditions of such plan as in effect from time to time and such other payments as may be earned an owing to Executive pursuant to any other employee benefit plan in which Executive is a participant. The Company will have no other obligation to Executive or to his beneficiary or his estate. (b) Immediately upon termination of Executive’s employment with the Company for any reason, Executive will resign all positions then held, if any, as a director or officer of the Company or any affiliate of the Company. (c) Upon termination of Executive’s employment with the Company, Executive shall promptly deliver to the Company any and all Company records and any and all Company property in his possession or under his control, including without limitation manuals, books, blank forms, documents, letters, recipes, memoranda, notes, notebooks, reports, printouts, computer disks, flash drives or other digital storage media, source codes, data, tables or calculations and all copies thereof, documents that in whole or in part contain any trade secrets or confidential, proprietary or other secret information of the Company and all copies thereof, and keys, access cards, access codes, passwords, credit cards, personal computers, handheld personal computer or digital devices, telephones and other equipment belonging to the Company. (d) Following termination of Executive’s employment with the Company for any reason, Executive will, upon reasonable request of the Company or its designee, cooperate with the Company in connection with the transition of Executive’s duties and responsibilities for the Company; consult with the Company regarding business matters that he was directly and substantially involved with while employed by the Company; and be reasonably available, with or without subpoena, to be interviewed, review documents or things, give depositions, testify, or engage in other reasonable activities in connection with any litigation or investigation, with respect to matters that Executive then has or may have knowledge of by virtue of his employment by or service to the Company. If the Company requests such cooperation from Executive, the Company will pay Executive for time reasonably spent by him responding to the Company’s requests at an hourly rate equivalent to Executive’s base salary with the Company immediately preceding the Termination Date, and will reimburse Executive for reasonable expenses (such as mileage, parking, travel costs, etc.) he incurs performing such obligations, provided such expenses are approved in advance by the Company.
Appears in 2 contracts
Samples: Employment Agreement (Buca Inc /Mn), Employment Agreement (Buca Inc /Mn)
Other Post Termination Obligations. (a) In the event of termination of Executive’s employment, the sole obligation of the Company under this Agreement will be its obligation to make the payments called for by Sections 9, 10 or 12 hereof, as the BUCAcase may be, Inc. Executive Severance Plan, if applicable, in accordance with and the terms and conditions of such plan as in effect from time to time and such other payments as may be earned an owing to Executive pursuant to any other employee benefit plan in which Executive is a participant. The Company will have no other obligation to Executive or to his Executive’s beneficiary or his Executive’s estate, except as otherwise provided by law or by the terms of any employee benefit plans or programs, or of any incentive compensation or stock ownership plans, then maintained by the Company in which Executive participates.
(b) Immediately upon termination of Executive’s employment with the Company for any reason, Executive will resign all positions then held, if any, held as a director or officer of the Company and of any subsidiary, parent or any affiliate affiliated entity of the Company.
(c) Upon termination of Executive’s employment with the Company, Executive shall promptly deliver to the Company any and all Company records and any and all Company property in his Executive’s possession or under his Executive’s control, including without limitation manuals, books, blank forms, documents, letters, recipes, memoranda, notes, notebooks, reports, printouts, computer disks, flash drives or other digital storage media, source codes, data, tables or calculations and all copies thereof, documents that in whole or in part contain any trade secrets or confidential, proprietary or other secret information of the Company and all copies thereof, and keys, access cards, access codes, passwords, credit cards, personal computers, handheld personal computer computers or other digital devices, telephones and other electronic equipment belonging to the Company.
(d) Following termination of Executive’s employment with the Company for any reason, Executive will, upon reasonable request of the Company or its designee, cooperate with the Company in connection with the transition of Executive’s duties and responsibilities for the Company; consult with the Company regarding business matters that he Executive was directly and substantially involved with while employed by the Company; and be reasonably available, with or without subpoena, to be interviewed, review documents or things, give depositions, testify, or engage in other reasonable activities in connection with any litigation or investigation, with respect to matters that Executive then has or may have knowledge of by virtue of his Executive’s employment by or service to the CompanyCompany or any related entity. If the The Company requests shall compensate Executive at a rate of $800 per hour for such cooperation from work, and shall reimburse Executive, the Company will pay Executive for time reasonably spent by him responding ’s reasonable legal fees incurred in connection therewith. Such reimbursement shall be subject to the Company’s requests at an hourly rate equivalent normal policies and procedures for expense verification, documentation, and reimbursement.
(e) Executive will not malign, defame or disparage the reputation, character, image, products or services of the Company, or the reputation or character of the Company’s directors, officers, employees or agents, provided that nothing in this Section 14(e) shall be construed to limit or restrict Executive from taking any action that Executive in good faith reasonably believes is necessary to fulfill Executive’s base salary with the Company immediately preceding the Termination Date, and will reimburse Executive for reasonable expenses (such as mileage, parking, travel costs, etc.) he incurs performing such obligations, provided such expenses are approved in advance by fiduciary obligations to the Company, or from providing truthful information in connection with any legal proceeding, government investigation or other legal matter.
Appears in 1 contract
Samples: Employment Agreement (Crocs, Inc.)
Other Post Termination Obligations. (a) In the event of termination of Executive’s employment, the sole obligation of the Company will be its obligation to make the payments called for by the BUCA, Inc. Executive Severance Plan, if applicable, in accordance with the terms and conditions of such plan as in effect from time to time and such other payments as may be earned an owing to Executive pursuant to any other employee benefit plan in which Executive is a participant. The Company will have no other obligation to Executive or to his beneficiary or his estate.
(b) Immediately upon termination of Executive’s employment with the Company for any reason, Executive will resign all positions then held, if any, held as a director or officer of the Company and of any subsidiary, parent or any affiliate affiliated entity of the Company.
(cb) Upon termination of Executive’s employment with the Company, Executive shall promptly deliver to the Company any and all Company records (including records relating to the Company’s clients) and any and all Company property in his Executive’s possession or under his Executive’s control, including without limitation manuals, books, blank forms, documents, letters, recipes, memoranda, notes, notebooks, reports, printouts, computer disks, flash drives or other digital storage mediacomputer tapes, source codes, data, tables or calculations and all copies thereof, documents that in whole or in part contain any trade secrets or confidential, proprietary or other secret information of the Company and all copies thereof, and keys, access cards, access codes, passwords, credit cards, personal computers, handheld personal computer or digital devices, telephones and other electronic equipment belonging to the Company.
(dc) Following termination of Executive’s employment with the Company for any reason, Executive will, upon reasonable request of the Company or its designee, cooperate with the Company in connection with the transition of Executive’s duties and responsibilities for the Company; , consult with the Company regarding business matters that he Executive was directly and substantially involved with while employed by the Company, provided that such consultation does not unreasonably interfere with Executive’s new employment or Executive’s search for new employment; and be reasonably available, with or without subpoena, to be interviewed, review documents or things, give depositions, testify, or engage in other reasonable activities in connection with any litigation or investigation, with respect to matters that Executive then has or may have knowledge of by virtue of his Executive’s employment by or service to the Company. If the Company requests such cooperation from Executiveor any related entity, the Company will pay Executive for time reasonably spent by him responding to the Company’s requests at an hourly rate equivalent to extent that doing so does not unreasonably interfere with Executive’s base salary with the Company immediately preceding the Termination Date, and will reimburse Executive new employment or search for reasonable expenses (such as mileage, parking, travel costs, etcnew employment.) he incurs performing such obligations, provided such expenses are approved in advance by the Company.
Appears in 1 contract
Other Post Termination Obligations. (a) In the event of termination of Executive’s employment, whether such termination occurs during or after the Employment Term, the sole obligation of the Company will be its obligation to make the payments called for by the BUCA, Inc. Executive Severance Plan, if applicable, in accordance with the terms and conditions of such plan as in effect from time to time and such other payments as may be earned an and owing to Executive pursuant to any other employee benefit plan in which Executive is a participant. The Company will have no other obligation to Executive or to his beneficiary or his estate.
(b) Immediately upon termination of Executive’s employment with the Company for any reason, Executive will resign all positions then held, if any, as a director or officer of the Company or any affiliate of the Company.
(c) Upon termination of Executive’s employment with the Company, Executive shall promptly deliver to the Company any and all Company records and any and all Company property in his possession or under his control, including without limitation manuals, books, blank forms, documents, letters, recipes, memoranda, notes, notebooks, reports, printouts, computer disks, flash drives or other digital storage media, source codes, data, tables or calculations and all copies thereof, documents that in whole or in part contain any trade secrets or confidential, proprietary or other secret information of the Company and all copies thereof, and keys, access cards, access codes, passwords, credit cards, personal computers, handheld personal computer or digital devices, telephones and other equipment belonging to the Company.
(d) Following termination of Executive’s employment with the Company for any reason, Executive will, upon reasonable request of the Company or its designee, cooperate with the Company in connection with the transition of Executive’s duties and responsibilities for the Company; consult with the Company regarding business matters that he was directly and substantially involved with while employed by the Company; and be reasonably available, with or without subpoena, to be interviewed, review documents or things, give depositions, testify, or engage in other reasonable activities in connection with any litigation or investigation, with respect to matters that Executive then has or may have knowledge of by virtue of his employment by or service to the Company. If the Company requests such cooperation from Executive, the Company will pay Executive for time reasonably spent by him responding to the Company’s requests at an hourly rate equivalent to Executive’s base salary with the Company immediately preceding the Termination Date, and will reimburse Executive for reasonable expenses (such as mileage, parking, travel costs, etc.) he incurs performing such obligations, provided such expenses are approved in advance by the Company.
Appears in 1 contract
Samples: Employment Agreement (Buca Inc /Mn)