Common use of Payments on Termination of Employment Clause in Contracts

Payments on Termination of Employment. (a) If the Executive’s employment is terminated as a result of Termination Without Cause, the Corporation shall (subject to the Executive’s obligations contained herein): (i) for a period of 12 months from the effective date of Termination Without Cause make the following payments (collectively referred to herein as the “Severance Amount”) to the Executive. In addition, the period of termination payments and benefits shall be extended by one month for each additional year of employment completed by the Executive commencing January 1, 2004: (I) payments to the Executive in the same amount and on the same basis as the Basic Salary being paid to the Executive immediately prior to the effective date of termination; and (II) continue to provide the Executive with Benefits, in accordance with, and to the extent permitted by and subject to the terms and conditions of the applicable fund, plan or arrangement relating thereto; (III) payment to the Executive up to a maximum of $10,000.00 to cover all costs associated with career relocation and outplacement services obtained by the Executive, upon presentation of receipts. (ii) all payments made to the Executive shall be subject to applicable deductions and withholdings and shall be in full satisfaction of any and all entitlement that the Executive may have to notice of termination or payment in lieu thereof, severance pay and any other payments to which the Executive may otherwise be entitled to pursuant to ESA and any other applicable law. The Corporation shall cooperate with the Executive with respect to the payment of all payments due on termination such that the Executive shall be entitled to obtain the benefit of any tax shelters or strategies that may be available or may become available; (iii) notwithstanding any other provisions in this Agreement, the exercise of the Executive’s options will be in accordance with the terms of the Viventia Biotech Inc. Share Option Plan; (iv) if, following Termination Without Cause, the Executive breaches any of the provisions of the Confidential Information, Intellectual Property, Non-Competition and Non-Solicitation Agreement (attached as Appendix A), the Executive shall not be eligible, as of the date of such breaches for any Severance Amount and all obligations of the Corporation to pay the Executive the Severance Amount shall (subject to applicable minimum amounts payable pursuant to the ESA) cease.

Appears in 2 contracts

Samples: Employment Agreement (Viventia Bio Inc.), Employment Agreement (Viventia Bio Inc.)

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Payments on Termination of Employment. 8.1 If the employment of the Executive is terminated for retirement or resignation, pursuant to section 7.1 (a) ), the Executive will receive payment for Salary, incentive bonus, and accrued but unused vacation owing on the Date of Termination. 8.2 If the employment of the Executive is terminated for Just Cause, pursuant to section 7.1 (b), the Executive will receive payment for Salary and accrued, but unused vacation owing on the Date of Termination. 8.3 If the employment of the Executive is terminated at any time by the Corporation for Disability pursuant to section 7.1 (c), by the death of the Executive pursuant to section 7.1(d), by the Executive without Just Cause pursuant to section 7.1(e), by the Executive for Good Reason pursuant to section 7. l(f), or by the Executive on notice following a Change of Control pursuant to 7.1 (g), the following provisions shall apply conditional on the Executive (or the Executive’s employment legal representative in the case of termination by reason of death) providing a full and final release to the Corporation in the form attached hereto as Schedule A: a) The Corporation shall pay to the Executive, immediately following the Date of Termination, if not already paid, the Executive’s Salary owing at the Date of Termination; b) The Corporation shall pay to the Executive forthwith following the Date of Termination, a lump sum payment equivalent (less deduction for income taxes and other required deductions) to nine (9) month’s Salary. c) The Executive shall continue to receive health benefits for a period of nine (9) months following the Date of Termination, to the extent the Corporation is terminated as a result permitted by the terms of Termination Without Causethe relevant benefit plan(s) to provide such health benefits and, to the extent the Corporation is not so permitted, the Corporation shall make a payment equal to the cost to the Corporation of such benefits for said period; d) The Corporation shall reimburse expenses incurred by the Executive on or prior to the Date of Termination for which the Executive would be entitled to reimbursement but for the termination of his employment hereunder; and e) The Executive is not obligated to mitigate his damages or to seek alternative employment. The payments refereed to in section 8.2 (subject b) shall not be reduced if the Executive obtains alternate employment following termination. 8.4 In the event the Executive is terminated by the Corporation without Just Cause within twelve (12) months following a Change of Control or the Executive terminates his employment for Good Reason within twelve (12) months following a Change of Control, then in either case, in addition to receiving the payments and benefits referred to in section 8.3, conditional on the Executive providing a full and final release to the Corporation in the form attached hereto as Schedule A, the vesting of the Executive’s obligations contained herein): (i) for a period of 12 months from the effective date of Termination Without Cause make the following payments (collectively referred to herein as the “Severance Amount”) to the Executive. In additionstock options shall accelerate, the period of termination payments and benefits shall be extended by one month for each additional year of employment completed by the Executive commencing January 1, 2004: (I) payments to the Executive in the same amount and on the same basis as the Basic Salary being paid to the Executive immediately prior to the effective date of termination; and (II) continue to provide the Executive with Benefits, in accordance with, and to the extent permitted by and subject to required, such that effective upon the terms and conditions Date of Termination at least 50% of the applicable fund, plan or arrangement relating thereto; (III) payment to the Executive up to a maximum of $10,000.00 to cover all costs associated with career relocation and outplacement services obtained by the Executive, upon presentation of receipts. (ii) all payments made options previously granted to the Executive shall be subject to applicable deductions become fully vested. 8.5 The Executive acknowledges and withholdings and shall be agrees that the provisions of this section 8 are in full satisfaction of and substitution for any and all entitlement that the Executive may have statutory and common law rights, including without limitation, any right to reasonable notice of termination or payment in lieu thereof, severance pay and any other payments to which the Executive may otherwise be entitled to pursuant to ESA and any other applicable law. The Corporation shall cooperate with the Executive with respect to the payment of all payments due on termination such that the Executive shall be entitled to obtain the benefit of any tax shelters or strategies that may be available or may become available; (iii) notwithstanding any other provisions in this Agreement, the exercise of the Executive’s options will be in accordance with the terms of the Viventia Biotech Inc. Share Option Plan; (iv) if, following Termination Without Cause, the Executive breaches any of the provisions of the Confidential Information, Intellectual Property, Non-Competition and Non-Solicitation Agreement (attached as Appendix A), the Executive shall not be eligible, as of the date of such breaches for any Severance Amount and all obligations of the Corporation to pay the Executive the Severance Amount shall (subject to applicable minimum amounts payable pursuant to the ESA) ceasetermination.

Appears in 1 contract

Samples: Employment Agreement (Corel Corp)

Payments on Termination of Employment. (a) If the Executive’s 's employment is terminated as a result of Termination Without Cause, the Corporation shall (subject to the Executive’s 's obligations contained herein): (i) for a period of 12 months from the effective date of Termination Without Cause make the following payments (collectively referred to herein as the “Severance Amount”"SEVERANCE AMOUNT") to the Executive. In addition, the period of termination payments and benefits shall be extended by one month for each additional year of employment completed by the Executive commencing January 1February 9, 2004: (I) payments to the Executive in the same amount and on the same basis as the Basic Salary being paid to the Executive immediately prior to the effective date of termination; and (II) continue to provide the Executive with Benefits, in accordance with, and to the extent permitted by and subject to the terms and conditions of the applicable fund, plan or arrangement relating thereto; (III) payment to the Executive up to a maximum of $10,000.00 to cover all costs associated with career relocation and outplacement services obtained by the Executive, upon presentation of receipts. (ii) all payments made to the Executive shall be subject to applicable deductions and withholdings and shall be in full satisfaction of any and all entitlement that the Executive may have to notice of termination or payment in lieu thereof, severance pay and any other payments to which the Executive may otherwise be entitled to pursuant to ESA and any other applicable law. The Corporation shall cooperate with the Executive with respect to the payment of all payments due on termination such that the Executive shall be entitled to obtain the benefit of any tax shelters or strategies that may be available or may become available; (iii) notwithstanding any other provisions in this Agreement, the exercise of the Executive’s 's options will be in accordance with the terms of the Viventia Biotech Inc. Share Option Plan, attached as Schedule C.; (iv) if, following Termination Without Cause, the Executive breaches any of the provisions of the Confidential Information, Intellectual Property, Non-Competition and Non-Solicitation Agreement (attached as Appendix A), the Executive shall not be eligible, as of the date of such breaches for any Severance Amount and all obligations of the Corporation to pay the Executive the Severance Amount shall (subject to applicable minimum amounts payable pursuant to the ESA) cease.

Appears in 1 contract

Samples: Employment Agreement (Viventia Biotech Inc.)

Payments on Termination of Employment. (a) If the Executive’s 's employment is terminated as a result of Termination Without Cause, the Corporation shall (subject to the Executive’s 's obligations contained herein): (i) for a period of 12 months from the effective date of Termination Without Cause make the following payments (collectively referred to herein as the “Severance Amount”"SEVERANCE AMOUNT") to the Executive. In addition, the period of termination payments and benefits shall be extended by one month for each additional year of employment completed by the Executive commencing January 1, 20041,2004: (I) payments to the Executive in the same amount and on the same basis as the Basic Salary being paid to the Executive immediately prior to the effective date of termination; and (II) continue to provide the Executive with Benefits, in accordance with, and to the extent permitted by and subject to the terms and conditions of the applicable fund, plan or arrangement relating thereto; (III) car allowance in accordance with Article 6; (IV) payment to the Executive up to a maximum of $10,000.00 to cover all costs associated with career relocation and outplacement services obtained by the Executive, upon presentation of receipts. (ii) all payments made to the Executive shall be subject to applicable deductions and withholdings and shall be in full satisfaction of any and all entitlement that the Executive may have to notice of termination or payment in lieu thereof, severance pay and any other payments to which the Executive may otherwise be entitled to pursuant to ESA and any other applicable law. The Corporation shall cooperate with the Executive with respect to the payment of all payments due on termination such that the Executive shall be entitled to obtain the benefit of any tax shelters or strategies that may be available or may become available; (iii) notwithstanding any other provisions in this Agreement, the exercise of the Executive’s 's options will be in accordance with the terms of the Viventia Biotech Inc. Share Option Plan; (iv) if, following Termination Without Cause, the Executive breaches any of the provisions of the Confidential Information, Intellectual Property, Non-Competition and Non-Solicitation Agreement (attached as Appendix A), the Executive shall not be eligible, as of the date of such breaches for any Severance Amount and all obligations of the Corporation to pay the Executive the Severance Amount shall (subject to applicable minimum amounts payable pursuant to the ESA) cease.

Appears in 1 contract

Samples: Employment Agreement (Viventia Biotech Inc.)

Payments on Termination of Employment. (a) If your employment terminates for any reason, the ExecutiveCompany shall pay to you (i) the portion of your Base Salary and paid time off, if any, accrued and unpaid through the date of termination of your employment and (ii) any annual bonus earned for the prior fiscal year (i.e., for the fiscal year prior to the fiscal year in which your termination occurs) pursuant to Section 2 hereof, if any, which has not been previously paid. The amounts payable to you pursuant to the preceding sentence will be paid to you at such times as you would have otherwise been entitled to receive such amounts had your employment not been terminated (determined in accordance with the Company’s payroll practices at the time of termination). You shall also be entitled to elect to purchase benefits under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”) from the Company and/or its provider on the same terms made available to other former employees of the Company. (b) If your employment is terminated by reason of your death or Disability (as a result of Termination Without Causedefined below), the Corporation Company will also pay you (or your estate) a prorated portion of your annual Target Bonus described in Section 2 above earned for the fiscal year in which any such termination of your employment occurs, prorated based upon the number of days you were employed during such fiscal year, which amount shall be paid at such time annual bonuses are paid to other senior executives of the Company, but in any event by December 31st immediately following the completion of such fiscal year. (subject to c) In addition, upon the ExecutiveCompany’s obligations contained herein):termination of your employment without Cause or your resignation of your employment for Good Reason, the Company will pay you the following: (i) for a period of 12 months from the effective date of Termination Without Cause make the following payments (collectively referred to herein as the “Severance Amount”) to the Executive. In addition, the period of termination payments and benefits shall be extended by one month for each additional year of employment completed by the Executive commencing January 1, 2004: (I) payments to the Executive in the same amount and on the same basis as the Basic Salary being paid to the Executive immediately prior to the effective date of terminationSeverance; and (IIii) continue to provide the Executive with Benefits, in accordance withIf you are eligible for, and to timely elect, continued coverage under COBRA for yourself and/or your eligible dependents under the extent permitted by and subject to Company’s group health insurance plans following the terms and conditions termination of the applicable fund, plan or arrangement relating thereto; (III) payment to the Executive up to a maximum of $10,000.00 to cover all costs associated with career relocation and outplacement services obtained by the Executive, upon presentation of receipts. (ii) all payments made to the Executive shall be subject to applicable deductions and withholdings and shall be in full satisfaction of any and all entitlement that the Executive may have to notice of termination or payment in lieu thereof, severance pay and any other payments to which the Executive may otherwise be entitled to pursuant to ESA and any other applicable law. The Corporation shall cooperate with the Executive with respect to the payment of all payments due on termination such that the Executive shall be entitled to obtain the benefit of any tax shelters or strategies that may be available or may become available; (iii) notwithstanding any other provisions in this Agreement, the exercise of the Executive’s options will be your employment in accordance with the terms of the Viventia Biotech Inc. Share Option Plan; (iv) if, following Termination Without Cause, the Executive breaches any of the provisions of the Confidential Information, Intellectual Property, Non-Competition and Non-Solicitation Agreement (attached as Appendix Athis Section 6(c), the Executive Company shall not be eligible, pay the COBRA premiums necessary to continue the health insurance coverage in effect for you and/or your eligible dependents as of the date of your termination of employment with the Company until the earliest of (A) twelve (12) months following your termination date (the “COBRA Severance Period”); (B) the expiration of your eligibility for continuation coverage under COBRA; and (C) the date on which you become eligible for group health insurance coverage in connection with new employment. If you become eligible for coverage under another employers group health plan, or otherwise cease to be eligible for COBRA coverage during the COBRA Severance Period, you must immediately notify the Company of such breaches event, and the Company’s obligation to pay COBRA premiums on your behalf will cease. Notwithstanding the foregoing, provided, further, that the Company may modify the continuation coverage contemplated by this Section 6(c)(ii) to the extent reasonably necessary to avoid the imposition of any excise taxes on the Company for any Severance Amount and all obligations failure to comply with the nondiscrimination requirements of the Corporation to pay Patient Protection and Affordable Care Act of 2010, as amended, and/or the Executive the Severance Amount shall Health Care and Education Reconciliation Act of 2010, as amended (subject to applicable minimum amounts payable pursuant to the ESAextent applicable). Except as otherwise set forth in this Section 6, all of your rights to any remuneration of any kind or nature whatsoever from the Company or any member of the Parent Group shall cease upon termination of your employment. (d) cease.For purposes of this Agreement, the following terms shall have the following meanings:

Appears in 1 contract

Samples: Employment Agreement (Torrid Holdings Inc.)

Payments on Termination of Employment. (a) If IF the Executive’s 's employment is terminated as a result of Termination Without Cause, the Corporation shall (subject to the Executive’s 's obligations contained herein): (i) for a period of 12 6 months from the effective date of Termination Without Cause make the following payments (collectively referred to herein as the “Severance Amount”"SEVERANCE AMOUNT") to the Executive. In addition, the period of termination payments and benefits shall be extended by one month for each additional year of employment completed by the Executive commencing January 1, 20041,2004: (I) payments to the Executive in the same amount and on the same basis as the Basic Salary being paid to the Executive immediately prior to the effective date of termination; and (II) continue to provide the Executive with Benefits, in accordance with, and to the extent permitted by and subject to the terms and conditions of the applicable fund, plan or arrangement relating thereto; (III) payment to the Executive up to a maximum of $10,000.00 to cover all costs associated with career relocation and outplacement services obtained by the Executive, upon presentation of receipts. (ii) any Severance Amount payable by the Corporation in the period commencing six months from the effective date of Termination Without Cause may be reduced by the Corporation by an amount equal to the base salary and bonus or other income or benefits earned by the Executive in connection with any employment by another employer or employers or any business activity undertaken by the Executive. The Executive agrees to promptly provide the Corporation with any evidence of amounts received in connection with any such other employment or business activity which the Corporation shall reasonably request; (iii) all payments made to the Executive shall be subject to applicable deductions and withholdings and shall be in full satisfaction of any and all entitlement that the Executive may have to notice of termination or payment in lieu thereof, severance pay and any other payments to which the Executive may otherwise be entitled to pursuant to ESA and any other applicable law. The Corporation shall cooperate with the Executive with respect to the payment of all payments due on termination such that the Executive shall be entitled to obtain the benefit of any tax shelters or strategies that may be available or may become available; (iiiiv) notwithstanding any other provisions in this Agreement, the exercise of the Executive’s 's options will be in accordance with the terms of the Viventia Biotech Inc. Share Option Plan; (ivv) if, following Termination Without Cause, the Executive breaches any of the provisions of the Confidential Information, Intellectual Property, Non-Competition and Non-Solicitation Agreement (attached as Appendix A), the Executive shall not be eligible, as of the date of such breaches for any Severance Amount and all obligations of the Corporation to pay the Executive the Severance Amount shall (subject to applicable minimum amounts payable pursuant to the ESA) cease.

Appears in 1 contract

Samples: Employment Agreement (Viventia Biotech Inc.)

Payments on Termination of Employment. (a) If the Executive’s 's employment is terminated as a result of Termination Without Cause, the Corporation shall (subject to the Executive’s 's obligations contained herein): (i) for a period of 12 eighteen (18) months from the effective date of Termination Without Cause make the following payments (collectively referred to herein as the “Severance Amount”"SEVERANCE AMOUNT") to the Executive. In addition, the period of termination payments and benefits shall be extended by one month for each additional year of employment completed by the Executive commencing January 1, 2004: (I) payments to the Executive in the same amount and on the same basis as the Basic Salary and Bonus Remuneration being paid to the Executive immediately prior to the effective date of termination; and (II) continue to provide the Executive with Benefits, in accordance with, and to the extent permitted by and subject to the terms and conditions of the applicable fund, plan or arrangement relating thereto; (III) car allowance in accordance with Article 6; (IV) payment to the Executive up to a maximum of $10,000.00 to cover all costs associated with career relocation and outplacement services obtained by the Executive, upon presentation of receipts. (ii) all payments made to the Executive shall be subject to applicable deductions and withholdings and shall be in full satisfaction of any and all entitlement that the Executive may have to notice of termination or payment in lieu thereof, severance pay and any other payments to which the Executive may otherwise be entitled to pursuant to ESA and any other applicable law. The Corporation shall cooperate with the Executive with respect to the payment of all payments due on termination such that the Executive shall be entitled to obtain the benefit of any tax shelters or strategies that may be available or may become available; (iii) notwithstanding the foregoing and subject to the ESA: (I) the Severance Amount payable by the Corporation to the Executive during the initial twelve (12) month period from the effective date of Termination Without Cause may not be reduced for any reason. (II) any Severance Amount and car allowance payable by the Corporation in the six (6) month period commencing one year from the effective date of Termination Without Cause may be reduced by the Corporation by an amount equal to the base salary and bonus or other income or benefits earned by the Executive in connection with any employment by another employer or employers or any business activity undertaken by the Executive. The Executive agrees to promptly provide the Corporation with any evidence of amounts received in connection with any such other employment or business activity which the Corporation shall reasonably request; (iv) notwithstanding any other provisions in this Agreement, the exercise of the Executive’s 's options will be in accordance with the terms of the Viventia Biotech Inc. Share Option Plan; (ivv) if, following Termination Without Cause, the Executive breaches any of the provisions of the Confidential Information, Intellectual Property, Non-Non- Competition and Non-Solicitation Agreement (attached as Appendix A), the Executive shall not be eligible, as of the date of such breaches for any Severance Amount and all obligations of the Corporation to pay the Executive the Severance Amount shall (subject to applicable minimum amounts payable pursuant to the ESA) cease.

Appears in 1 contract

Samples: Employment Agreement (Viventia Biotech Inc.)

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Payments on Termination of Employment. 8.1 If the employment of the Executive is terminated for retirement or resignation, pursuant to section 7.1 (a) ), the Executive will receive payment for Salary, earned but unpaid incentive bonus, and accrued but unused vacation owing on the Date of Termination. 8.2 If the employment of the Executive is terminated for Just Cause, pursuant to section 7.1 (b), the Executive will receive payment for Salary and accrued but unused vacation owing on the Date of Termination. 8.3 If the employment of the Executive is terminated at any time by the Corporation for Disability pursuant to section 7.1(c), by the death of the Executive pursuant to section 7.1(d), by the Executive without Just Cause pursuant to section 7.1(e), or by the Executive for Good Reason pursuant to section 7.1(f), the following provisions shall apply conditional on the Executive (or the Executive’s employment legal representative in the case of termination by reason of death) providing a mutual full and final release to the Corporation in the form attached hereto as Schedule A: a) The Corporation shall pay to the Executive, immediately following the Date of Termination, if not already paid, the Executive’s Salary and earned but unpaid incentive bonus, and accrued but unused vacation owing at the Date of Termination; b) The Corporation shall pay to the Executive forthwith following the Date of Termination, a lump sum payment equivalent (less deduction for income taxes and other required deductions) to twelve (12) month’s Salary. c) The Executive shall continue to receive health benefits for a period of twelve (12) months following the Date of Termination, to the extent the Corporation is terminated as a result permitted by the terms of Termination Without Causethe relevant benefit plan(s) to provide such health benefits and, to the extent the Corporation is not so permitted, the Corporation shall (subject make a payment equal to the cost to the Corporation of such benefits for said period; d) The Corporation shall reimburse expenses incurred by the Executive on or prior to the Date of Termination for which the Executive would be entitled to reimbursement but for the termination of his employment hereunder; e) The vesting of the Executive’s obligations contained herein):RSUs referred to in 3.3 above shall accelerate, if required, such that all such RSUs shall be fully vested upon the Date of Termination; and f) The Executive shall receive an additional twelve (i12) months of accelerated vesting of any outstanding equity awards and all vested stock options shall be exercisable for a period of 12 twelve (12) months from the effective date Date of Termination Without Termination. 8.4 In the event the Executive is terminated by the Corporation without Just Cause make within twelve (12) months following a Change of Control or the Executive terminates his employment for Good Reason within twelve (12) months following payments (collectively referred a Change of Control, then in either case, in addition to herein as receiving the “Severance Amount”) to the Executive. In addition, the period of termination payments and benefits shall be extended by one month for each additional year of employment completed by referred to in section 8.3, conditional on the Executive commencing January 1, 2004: (I) payments providing a full and final release to the Executive Corporation in the same amount and on form attached hereto as Schedule A, the same basis as vesting of the Basic Salary being paid Executive’s stock options referred to the Executive immediately prior to the effective date of termination; and (II) continue to provide the Executive with Benefitsin 3.3 above shall accelerate, in accordance with, and to the extent permitted by and subject to required, such that effective upon the terms and conditions Date of Termination at least 50% of the applicable fund, plan or arrangement relating thereto; (III) payment to the Executive up to a maximum of $10,000.00 to cover all costs associated with career relocation and outplacement services obtained by the Executive, upon presentation of receipts. (ii) all payments made options previously granted to the Executive shall become fully vested; and exercisable for twelve (12) months from the Date of Termination. 8.5 The Executive is not obligated to mitigate his damages or to seek alternative employment. The payments refereed to in section 8.3 (b) shall not be subject to applicable deductions reduced if the Executive obtains alternate employment following termination. 8.6 The Executive acknowledges and withholdings and shall be agrees that the provisions of this section 8 are in full satisfaction of and substitution for any and all entitlement that the Executive may have statutory and common law rights, including without limitation, any right to reasonable notice of termination or payment in lieu thereof, severance pay and any other payments incentive bonus related to which any partially completed fiscal year as tat the Executive may otherwise be entitled to pursuant to ESA and any other applicable law. The Corporation shall cooperate with the Executive with respect to the payment Date of all payments due on termination such that the Executive shall be entitled to obtain the benefit of any tax shelters Termination or strategies that may be available or may become available; (iii) notwithstanding any other provisions in this Agreement, the exercise of the Executive’s options will be in accordance with the terms of the Viventia Biotech Inc. Share Option Plan; (iv) if, following Termination Without Cause, the Executive breaches any of the provisions of the Confidential Information, Intellectual Property, Non-Competition and Non-Solicitation Agreement (attached as Appendix A), the Executive shall not be eligible, as of the date of such breaches for any Severance Amount and all obligations of the Corporation to pay the Executive the Severance Amount shall (subject to applicable minimum amounts payable pursuant to the ESA) ceasethereafter.

Appears in 1 contract

Samples: Employment Agreement (Corel Corp)

Payments on Termination of Employment. 8.1 If the employment of the Executive is terminated for retirement or resignation, pursuant to section 7.1 (a), the Executive will receive payment for Salary, incentive bonus, and accrued but unused vacation owing on the Date of Termination 8.2 If the employment of the Executive is terminated for Just Cause, pursuant to section 7.1 (b), the Executive will receive payment for Salary and accrued but unused vacation owing on the Date of Termination. 8.3 If the employment of the Executive is terminated at any time by the Corporation for Disability pursuant to section 7.1(c), by the death of the Executive pursuant to section 7.1 (d) without Just Cause pursuant to section 7.1(e), or by resignation for Good Reason pursuant to section 7.1(f), the following provisions shall apply conditional on the Executive (or the Executive's legal representative in the case of termination by reason of death) providing a full and final release to the Corporation in the form attached hereto as Schedule A: (a) If The Corporation shall pay to the Executive’s employment is terminated as a result , immediately following the Date of Termination, if not already paid, the Executive's Salary owing at the Date of Termination Without Causeand any accrued but unused vacation in accordance with the Corporation's policy, (b) The Corporation shall pay to the Executive forthwith following the Date of Termination, a lump sum payment in USD equivalent (less deduction for income taxes and other required deductions) to six (6) month's annual Salary. (c) The Executive shall continue to receive health benefits to the extent the Corporation is permitted by the terms of the relevant benefit plan(s) to provide such health benefits for six (6) months following the date of termination and, to the extent the Corporation is not so permitted, the Corporation shall (subject make a payment equal to the Executive’s obligations contained herein):cost to the Corporation of such benefits for said period; (id) for a period of 12 months from the effective date of Termination Without Cause make the following payments (collectively referred to herein as the “Severance Amount”) to the Executive. In addition, the period of termination payments and benefits The Corporation shall be extended by one month for each additional year of employment completed reimburse expenses incurred by the Executive commencing January 1, 2004: (I) payments to the Executive in the same amount and on the same basis as the Basic Salary being paid to the Executive immediately or prior to the effective Date of Termination for which the Executive would be entitled to reimbursement but for the termination of his employment hereunder; (e) The Executive shall continue to be reimbursed and/or receive, as the case may be, the Accommodation and Travel Expenses, to the extent that same are incurred, for six (6) months following the date of termination; and (IIf) continue The Executive is not obligated to provide mitigate his damages or to seek alternative employment. The payments refereed to in section 8.3 shall not be reduced if the Executive with Benefits, in accordance with, and to obtains alternate employment following termination. 8.4 If the extent permitted by and subject to the terms and conditions employment of the applicable fund, plan or arrangement relating thereto; (III) payment to the Executive up to a maximum of $10,000.00 to cover all costs associated with career relocation and outplacement services obtained is terminated by at any time by the Executive, upon presentation of receipts.pursuant to section 7.1(g), the following provisions shall apply conditional on the Executive providing the requisite notice and executing a full and final release to the Corporation in the form attached hereto as Schedule A: (iia) all payments made to the Executive shall be subject to applicable deductions and withholdings and shall be in full satisfaction of any and all entitlement that the Executive may have to notice of termination or payment in lieu thereof, severance pay and any other payments to which the Executive may otherwise be entitled to pursuant to ESA and any other applicable law. The Corporation shall cooperate with the Executive with respect pay to the payment Executive, immediately following the Date of all payments due on termination such that the Executive shall be entitled to obtain the benefit of any tax shelters or strategies that may be available or may become available; (iii) notwithstanding any other provisions in this AgreementTermination, if not already paid, the exercise Executive's Salary owing at the Date of the Executive’s options will be Termination and any accrued but unused vacation in accordance with the Corporation's policy, (b) The Corporation shall pay to the Executive forthwith following the Date of Termination, a lump sum payment in USD equivalent (less deduction for income taxes and other required deductions) to three (3) month's annual Salary. (c) The Executive shall continue to receive health benefits to the extent the Corporation is permitted by the terms of the Viventia Biotech Inc. Share Option Planrelevant benefit plan(s) to provide such health benefits for three (3) months following the date of termination and, to the extent the Corporation is not so permitted, the Corporation shall make a payment equal to the cost to the Corporation of such benefits for said period; (ivd) ifThe Corporation shall reimburse expenses incurred by the Executive on or prior to the Date of Termination for which the Executive would be entitled to reimbursement but for the termination of his employment hereunder; (e) The Executive shall continue to be reimbursed and/or receive, following Termination Without Causeas the case may be, the Accommodation and Travel Expenses, to the extent that same are incurred, for three (3) months following the date of termination; and (f) The Executive breaches any of is not obligated to mitigate his damages or to seek alternative employment. The payments refereed to in section 8.4 shall not be reduced if the Executive obtains alternate employment following termination. 8.5 The Executive acknowledges and agrees that the provisions of the Confidential Information, Intellectual Property, Non-Competition this section 8 are in satisfaction of and Non-Solicitation Agreement (attached as Appendix A), the Executive shall not be eligible, as of the date of such breaches substitution for any Severance Amount and all obligations statutory and common law rights, including without limitation, any right to reasonable notice of the Corporation to pay the Executive the Severance Amount shall (subject to applicable minimum amounts payable pursuant to the ESA) ceasetermination.

Appears in 1 contract

Samples: Employment Agreement (Corel Corp)

Payments on Termination of Employment. (a) If the Executive’s 's employment is terminated as a result of Termination Without Cause, the Corporation shall (subject to the Executive’s 's obligations contained herein): (i) for a period of 12 months from the effective date of Termination Without Cause make the following payments (collectively referred to herein as the “Severance Amount”"SEVERANCE AMOUNT") to the Executive. In addition, the period of termination payments and benefits shall be extended by one month for each additional year of employment completed by the Executive commencing January 1, 2004: (I) payments to the Executive in the same amount and on the same basis as the Basic Salary being paid to the Executive immediately prior to the effective date of termination; and (II) continue to provide the Executive with Benefits, in accordance with, and to the extent permitted by and subject to the terms and conditions of the applicable fund, plan or arrangement relating thereto; (III) payment to the Executive up to a maximum of $10,000.00 to cover all costs associated with career relocation and outplacement services obtained by the Executive, upon presentation of receipts. (ii) all payments made to the Executive shall be subject to applicable deductions and withholdings and shall be in full satisfaction of any and all entitlement that the Executive may have to notice of termination or payment in lieu thereof, severance pay and any other payments to which the Executive may otherwise be entitled to pursuant to ESA and any other applicable law. The Corporation shall cooperate with the Executive with respect to the payment of all payments due on termination such that the Executive shall be entitled to obtain the benefit of any tax shelters or strategies that may be available or may become available; (iii) notwithstanding any other provisions in this Agreement, the exercise of the Executive’s 's options will be in accordance with the terms of the Viventia Biotech Inc. Share Option Plan; (iv) if, following Termination Without Cause, the Executive breaches any of the provisions of the Confidential Information, Intellectual Property, Non-Competition and Non-Solicitation Agreement (attached as Appendix A), the Executive shall not be eligible, as of the date of such breaches for any Severance Amount and all obligations of the Corporation to pay the Executive the Severance Amount shall (subject to applicable minimum amounts payable pursuant to the ESA) cease.

Appears in 1 contract

Samples: Employment Agreement (Viventia Biotech Inc.)

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