Common use of Other Termination for Cause Clause in Contracts

Other Termination for Cause. Termination of the Executive's employment for a Conduct, Performance or Disloyalty Termination Event shall be determined by a single arbitrator selected from a list of three potential arbitrators offered by ENDISPUTE of 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx ("ENDISPUTE"). Busco and the Executive shall each have 72 hours to object to no more than one potential arbitrator. The remaining potential arbitrator (and if more than one is remaining, then one shall be selected by lot) shall serve as the single arbitrator, who shall conduct an arbitration proceeding in accordance with ENDISPUTE's then current policies and procedures. In the event ENDISPUTE is no longer conducting business as a dispute resolution firm at the time of the Busco Notice (as defined below), the list of three arbitrators shall be supplied by the American Arbitration Association ("AAA"), and the single arbitrator shall be selected in the same manner as set forth above; such arbitrator shall conduct the arbitration proceeding in accordance with the AAA's then current policies and procedures. The decision of the arbitrator shall be final and binding to the extent permitted by law, and judgment thereon may be entered in any court having jurisdiction thereof. Such arbitration shall be commenced by a notice by Busco to the Executive requiring dismissal subject to the provisions of this Agreement and to ENDISPUTE (the "Busco Notice"). ENDISPUTE shall be informed that the determination of the arbitrator is sought within 60 days of the Busco Notice. Each party agrees to complete its presentation to the arbitrator not later than the 45th day after the Busco Notice. Should the arbitrator suspend the proceedings upon a court order or request of a prosecutor arising out of a criminal proceeding commenced or to be commenced against the Executive or should the Executive decline to participate in such arbitration, the arbitration shall be terminated and termination of the Executive's employment hereunder shall thereupon be final and no longer subject to arbitration. Unless termination is decided by an arbitrator, Busco shall be liable to the Executive for damages if such termination under this Section 4.1.4 was wrongful.

Appears in 4 contracts

Samples: Employment Agreement (Atlantic Express Transportation Corp), Employment Agreement (Atlantic Express Transportation Corp), Employment Agreement (Atlantic Express Transportation Corp)

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Other Termination for Cause. Termination of the Executive's employment for a Conduct, Performance or Disloyalty Termination Event shall be determined by a single arbitrator selected from a list of three potential arbitrators offered by ENDISPUTE of 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx ("ENDISPUTE"). Busco and the Executive shall each have 72 hours to object to no more than one potential arbitrator. The remaining potential arbitrator (and if more than one is remaining, then one shall be selected by lot) shall serve as the single arbitrator, who shall conduct an arbitration proceeding in accordance with ENDISPUTE's then current policies and procedures. In the event ENDISPUTE is no longer conducting business as a dispute resolution firm at the time of the Busco Notice (as defined below), the list of three arbitrators shall be supplied by the American Arbitration Association ("AAA"), ) and the single arbitrator shall be selected in the same manner as set forth above; such arbitrator shall conduct the arbitration proceeding in accordance with the AAA's then current policies and procedures. The decision of the arbitrator shall be final and binding to the extent permitted by law, and judgment thereon may be entered in any court having jurisdiction thereof. Such arbitration shall be commenced by a notice by Busco to the Executive requiring dismissal subject to the provisions of this Agreement and to ENDISPUTE (the "Busco Notice"). ENDISPUTE shall be informed that the determination of the arbitrator is sought within 60 days of the Busco Notice. Each party agrees to complete its presentation to the arbitrator not later than the 45th day after the Busco Notice. Should the arbitrator suspend the proceedings upon a court order or request of a prosecutor arising out of a criminal proceeding commenced or to be commenced against the Executive or should the Executive decline to participate in such arbitration, the arbitration shall be terminated and termination of the Executive's employment hereunder shall thereupon be final and no longer subject to arbitration. Unless termination is decided by an arbitrator, Busco shall be liable to the Executive for damages if such termination under this Section 4.1.4 4.l.4 was wrongful.

Appears in 2 contracts

Samples: Employment Agreement (Atlantic Express Transportation Corp), Employment Agreement (Atlantic Express Transportation Corp)

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