Common use of Other Termination of Employment Clause in Contracts

Other Termination of Employment. Notwithstanding paragraphs 6(a) and (b) or any other provision of this Agreement to the contrary, if on or after the date of this Agreement and prior to the end of the term hereof: (i) Executive has been convicted of any crime or offense constituting a felony under applicable law, including, without limitation, any act of dishonesty such as embezzlement, theft or larceny; (ii) Executive shall act or refrain from acting in respect of any of the duties and responsibilities which have been assigned to him in accordance with this Agreement and shall fail to desist from such action or inaction within ten (10) days (or such longer period of time, not exceeding ninety (90) days, as Executive shall in good faith and the exercise of reasonable efforts require to desist from such action or inaction) after Executive's receipt of notice from the Company of such action or inaction and the Board of Directors determines that such action or inaction constituted gross negligence or a willful act of malfeasance or misfeasance of Executive in respect of such duties; or (iii) Executive shall breach any material term of this Agreement and shall fail to correct such breach within ten (10) days (or such longer period of time, not exceeding ninety (90) days, as Executive shall in good faith and the exercise of reasonable efforts require to cure such breach) after Executive's receipt of notice from the Company of such breach; then, and in each such case, the Company shall have the right to give notice of termination of Employee's services hereunder as of a date (not earlier than fourteen (14) days from such notice) to be specified in such notice and this Agreement (other than the provisions of Section 7 hereof) shall terminate on such date.

Appears in 6 contracts

Samples: Employment Agreement (Xoma LTD), Employment Agreement (Xoma LTD /De/), Employment Agreement (Xoma LTD /De/)

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Other Termination of Employment. Notwithstanding paragraphs 6(a) and (b) or any other provision of this Agreement to the contrary, if on or after the date of this Agreement and prior to the end of the term hereof: (i) Executive Employee has been convicted of any crime or offense constituting a felony under applicable law, including, without limitation, any act of dishonesty such as embezzlement, theft or larceny; (ii) Executive Employee shall act or refrain from acting in respect of any of the duties and responsibilities which have been assigned to him in accordance with this Agreement and shall fail to desist from such action or inaction within ten thirty (1030) days (or such longer period of time, not exceeding ninety (90) days, as Executive shall in good faith and the exercise of reasonable efforts require to desist from such action or inaction) after Executive's Employee’s receipt of notice from the Company of such action or inaction and the Board of Directors determines that such action or inaction constituted gross negligence or a willful act of malfeasance or misfeasance of Executive Employee in respect of such duties; or (iii) Executive Employee shall breach any material term of this Agreement and shall fail to correct such breach within ten thirty (1030) days (or such longer period of time, not exceeding ninety (90) days, as Executive shall in good faith and the exercise of reasonable efforts require to cure such breach) after Executive's Employee’s receipt of notice from the Company of such breachbreach (provided such breach can be cured); then, and in each such case, the Company shall have the right to give notice of termination of Employee's ’s services hereunder (or pay Employee in lieu of notice) as of a date (not earlier than fourteen (14) days from such notice) to be specified in such notice and this Agreement (other than the provisions of Section 7 hereof) shall terminate on such date.

Appears in 6 contracts

Samples: Employment Agreement (Xoma LTD /De/), Employment Agreement (Xoma LTD /De/), Employment Agreement (Xoma LTD /De/)

Other Termination of Employment. Notwithstanding paragraphs 6(a) and (b) or any other provision of this Agreement to the contrary, if on or after the date of this Agreement and prior to the end of the term hereof: (i) Executive has been convicted of any crime or offense constituting a felony under applicable law, including, without limitation, any act of dishonesty such as embezzlement, theft or larceny; (ii) Executive shall act or refrain from acting in respect of any of the duties and responsibilities which have been assigned to him in accordance with this Agreement and shall fail to desist from such action or inaction within ten (10) days (or such longer period of time, not exceeding ninety (90) days, as Executive shall in good faith and the exercise of reasonable efforts require to desist from such action or inaction) after Executive's ’s receipt of notice from the Company of such action or inaction and the Board of Directors determines that such action or inaction constituted gross negligence or a willful act of malfeasance or misfeasance of Executive in respect of such duties; or (iii) Executive shall breach any material term of this Agreement and shall fail to correct such breach within ten (10) days (or such longer period of time, not exceeding ninety (90) days, as Executive shall in good faith and the exercise of reasonable efforts require to cure such breach) after Executive's ’s receipt of notice from the Company of such breach; then, and in each such case, the Company shall have the right to give notice of termination of Employee's ’s services hereunder as of a date (not earlier than fourteen (14) days from such notice) to be specified in such notice and this Agreement (other than the provisions of Section 7 hereof) shall terminate on such date.

Appears in 5 contracts

Samples: Employment Agreement (Xoma LTD /De/), Employment Agreement (Xoma LTD /De/), Employment Agreement (Xoma LTD /De/)

Other Termination of Employment. Notwithstanding paragraphs 6(aSections 7(a) and (b) or any other provision of this Agreement to the contrary, if on or after the date of this Agreement and prior to the end of the term hereof: (i) Executive has been convicted of of, or plead guilty or nolo contendere to, any crime or offense constituting a felony under applicable law, including, without limitation, any act of dishonesty such as embezzlement, theft or larceny; (ii) Executive shall Executive's commission of a material act of fraud or refrain from acting in respect of dishonesty against the Company or any of the duties and responsibilities which have been assigned to him in accordance with this Agreement and shall fail to desist from such action its subsidiaries or inaction within ten (10) days (or such longer period of time, not exceeding ninety (90) days, as Executive shall in good faith and the exercise of reasonable efforts require to desist from such action or inaction) after Executive's receipt of notice from willful engaging in conduct which is significantly injurious to the Company or any of its subsidiaries, monetarily or otherwise; (iii) Executive's abuse of illegal drugs and other controlled substances or Executive's habitual intoxication, which conduct continues after written demand for cessation of such action or inaction and conduct is delivered to Executive by the Board of Directors determines that such action or inaction constituted gross negligence or a willful act of malfeasance or misfeasance of Executive in respect of such dutiesBoard; or (iiiiv) Executive shall breach any material term willful or continuous neglect of this Agreement and shall fail or refusal to correct such breach within ten (10) days (or such longer period of time, not exceeding ninety (90) days, as Executive shall in good faith and the exercise of reasonable efforts require to cure such breach) after perform Executive's receipt duties or responsibilities or the willful taking of actions which directly and materially impair Executive's ability to perform his duties and responsibilities hereunder which continues after detailed written notice from the Company of such breachthereof has been given to Executive; then, and in each such case, the Company shall have the right to give notice of termination of EmployeeExecutive's services hereunder as of a date (not earlier than fourteen (14) 10 days from such notice) to be specified in such notice and this Agreement (other than the provisions of Section 7 Sections 8 and 9 hereof) shall terminate on such date.

Appears in 4 contracts

Samples: Employment Agreement (Chi Energy Inc), Employment Agreement (Consolidated Hydro Inc), Employment Agreement (Chi Energy Inc)

Other Termination of Employment. Notwithstanding paragraphs 6(aSections 7(a) and (b) or any other provision of this Agreement to the contrary, if on or after the date of this Agreement and prior to the end of the term hereof: (i) Executive has been convicted of any crime or offense constituting a felony under applicable law, including, without limitation, any act of dishonesty such as embezzlement, theft or larceny; (ii) Executive shall act or refrain from acting in respect of any of the duties and responsibilities which have been assigned to him in accordance with this Agreement and shall fail to desist from such action or inaction within ten (10) days (or such longer period of time, not exceeding ninety (90) days, as Executive shall in good faith and the exercise of reasonable efforts require to desist from such action or inaction) after Executive's receipt of notice from the Company of such action or inaction and the Board of Directors of the Company determines that such action or inaction constituted gross negligence or a willful act of malfeasance or misfeasance of Executive in respect of such duties; or; (iii) Executive shall breach any material term of this Agreement and shall fail to correct such breach within ten (10) days (or such longer period of time, not exceeding ninety (90) 90 days, as Executive shall in good faith and the exercise of reasonable efforts require to cure such breach) after Executive's receipt of notice from the Company of such breach; or (iv) any willful or continuous neglect of or refusal to perform Executive's duties or responsibilities or the willful taking of actions which directly and materially impair Executive's ability to perform his duties and responsibilities hereunder which continues after detailed written notice thereof has been given to Executive; then, and in each such case, the Company shall have the right to give notice of termination of EmployeeExecutive's services hereunder as of a date (not earlier than fourteen (14) 10 days from such notice) to be specified in such notice and this Agreement (other than the provisions of Section 7 Sections 8 and 9 hereof) shall terminate on such date. In the case of any such termination, Executive shall be entitled to Base Salary accrued through the date of termination, and to no further compensation or benefits hereunder.

Appears in 4 contracts

Samples: Employment Agreement (Consolidated Hydro Inc), Employment Agreement (Consolidated Hydro Inc), Employment Agreement (Consolidated Hydro Inc)

Other Termination of Employment. Notwithstanding paragraphs 6(a) and (b) or any other provision of this Agreement to the contrary, if on or after the date of this Agreement and prior to the end of the term hereof: (i) Executive Employee has been convicted of any crime or offense constituting a felony under applicable law, including, without limitation, any act of dishonesty such as embezzlement, theft or larceny; (ii) Executive Employee shall act or refrain from acting in respect of any of the duties and responsibilities which have been assigned to her/him in accordance with this Agreement and shall fail to desist from such action or inaction within ten thirty (1030) days (or such longer period of time, not exceeding ninety (90) days, as Executive shall in good faith and the exercise of reasonable efforts require to desist from such action or inaction) after Executive's Employee’s receipt of notice from the Company of such action or inaction and the Board of Directors determines that such action or inaction constituted gross negligence or a willful act of malfeasance or misfeasance of Executive Employee in respect of such duties; or (iii) Executive Employee shall breach any material term of this Agreement and shall fail to correct such breach within ten thirty (1030) days (or such longer period of time, not exceeding ninety (90) days, as Executive shall in good faith and the exercise of reasonable efforts require to cure such breach) after Executive's Employee’s receipt of notice from the Company of such breachbreach (provided such breach can be cured); then, and in each such case, the Company shall have the right to give notice of termination of Employee's ’s services hereunder (or pay Employee in lieu of notice) as of a date (not earlier than fourteen (14) days from such notice) to be specified in such notice and this Agreement (other than the provisions of Section 7 hereof) shall terminate on such date.

Appears in 4 contracts

Samples: Employment Agreement (Xoma LTD /De/), Employment Agreement (Xoma LTD /De/), Employment Agreement (Xoma LTD /De/)

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Other Termination of Employment. Notwithstanding paragraphs 6(aSections 7(a) and (b) or any other provision of this Agreement to the contrary, if on or after the date of this Agreement and prior to the end of the term hereof: (i) Executive has been convicted of any crime or offense constituting a felony under applicable law, including, without limitation, any act of dishonesty such as embezzlement, theft or larceny; (ii) Executive shall act or refrain from acting in respect of any of the duties and responsibilities which have been assigned to him her in accordance with this Agreement and shall fail to desist from such action or inaction within ten (10) days (or such longer period of time, not exceeding ninety (90) days, as Executive shall in good faith and the exercise of reasonable efforts require to desist from such action or inaction) after Executive's receipt of notice from the Company of such action or inaction and the Board of Directors of the Company determines that such action or inaction constituted gross negligence or a willful act of malfeasance or misfeasance of Executive in respect of such duties; or; (iii) Executive shall breach any material term of this Agreement and shall fail to correct such breach within ten (10) days (or such longer period of time, not exceeding ninety (90) 90 days, as Executive shall in good faith and the exercise of reasonable efforts require to cure such breach) after Executive's receipt of notice from the Company of such breach; or (iv) any willful or continuous neglect of or refusal to perform Executive's duties or responsibilities or the willful taking of actions which directly and materially impair Executive's ability to perform her duties and responsibilities hereunder which continues after detailed written notice thereof has been given to Executive; then, and in each such case, the Company shall have the right to give notice of termination of EmployeeExecutive's services hereunder as of a date (not earlier than fourteen (14) 10 days from such notice) to be specified in such notice and this Agreement (other than the provisions of Section 7 Sections 8 and 9 hereof) shall terminate on such date. In the case of any such termination, Executive shall be entitled to Base Salary accrued through the date of termination, and to no further compensation or benefits hereunder.

Appears in 2 contracts

Samples: Employment Agreement (Consolidated Hydro Inc), Employment Agreement (Consolidated Hydro Inc)

Other Termination of Employment. Notwithstanding paragraphs 6(aSections 7(a) and (b) or any other provision of this Agreement to the contrary, if on or after the date of this Agreement and prior to the end of the term hereof: (i) Executive has been convicted of of, or plead guilty or nolo contendere to, any crime or offense constituting a felony under applicable law, including, without limitation, any act of dishonesty such as embezzlement, theft or larceny; (ii) Executive shall Executive's commission of a material act of fraud or refrain from acting in respect of dishonesty against the Company or any of its subsidiaries or Executive s willful engaging in conduct which is significantly injurious to the duties and responsibilities which have been assigned to him in accordance with this Agreement and shall fail to desist from such action Company or inaction within ten any of its subsidiaries, monetarily or otherwise; (10iii) days (or such longer period of time, not exceeding ninety (90) days, as Executive shall in good faith and the exercise of reasonable efforts require to desist from such action or inaction) after Executive's receipt abuse of notice from the Company illegal drugs and other controlled substances or Executive's habitual intoxication, which conduct continues after written demand for cessation of such action or inaction and conduct is delivered to Executive by the Board of Directors determines that such action or inaction constituted gross negligence or a willful act of malfeasance or misfeasance of Executive in respect of such dutiesBoard; or (iiiiv) Executive shall breach any material term willful or continuous neglect of this Agreement and shall fail or refusal to correct such breach within ten (10) days (or such longer period of time, not exceeding ninety (90) days, as Executive shall in good faith and the exercise of reasonable efforts require to cure such breach) after perform Executive's receipt duties or responsibilities or the willful taking of actions which directly and materially impair Executive's ability to perform her duties and responsibilities hereunder which continues after detailed written notice from thereof has been given to Executive, or the Company imposition of such breacha severe sanction by a regulatory organization rendering it impossible for Executive to carry out her material duties and obligations under this Agreement; then, and in each such case, the Company shall have the right to give notice of termination of EmployeeExecutive's services hereunder as of a date (not earlier than fourteen (14) 10 days from such notice) to be specified in such notice and this Agreement (other than the provisions of Section 7 Sections 8 and 9 hereof) shall terminate on such date.

Appears in 1 contract

Samples: Employment Agreement (Chi Energy Inc)

Other Termination of Employment. Notwithstanding paragraphs 6(a) and (b) or any other provision of this Agreement to the contrary, if on or after the date of this Agreement and prior to the end of the term hereof: (i) Executive Employee has been convicted of any crime or offense constituting a felony under applicable law, including, without limitation, any act of dishonesty such as embezzlement, theft or larceny; (ii) Executive Employee shall act or refrain from acting in respect of any of the duties and responsibilities which have been assigned to him his in accordance with this Agreement and shall fail to desist from such action or inaction within ten thirty (1030) days (or such longer period of time, not exceeding ninety (90) days, as Executive shall in good faith and the exercise of reasonable efforts require to desist from such action or inaction) after Executive's Employee’s receipt of notice from the Company of such action or inaction and the Board of Directors determines that such action or inaction constituted gross negligence or a willful act of malfeasance or misfeasance of Executive Employee in respect of such duties; or (iii) Executive Employee shall breach any material term of this Agreement and shall fail to correct such breach within ten thirty (1030) days (or such longer period of time, not exceeding ninety (90) days, as Executive shall in good faith and the exercise of reasonable efforts require to cure such breach) after Executive's Employee’s receipt of notice from the Company of such breachbreach (provided such breach can be cured); then, and in each such case, the Company shall have the right to give notice of termination of Employee's ’s services hereunder (or pay Employee in lieu of notice) as of a date (not earlier than fourteen (14) days from such notice) to be specified in such notice and this Agreement (other than the provisions of Section 7 hereof) shall terminate on such date.

Appears in 1 contract

Samples: Employment Agreement (Xoma LTD /De/)

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