Common use of Resignation by Executive for Good Reason Clause in Contracts

Resignation by Executive for Good Reason. (a) Provided that Executive has not previously been notified of the Company’s intention to terminate Executive’s employment, Executive may resign from employment with the Company for Good Reason by giving notice to the Company no later than sixty (60) days after the initial occurrence of one of the events specified in the definition of Good Reason that Executive intends to terminate his/her employment for Good Reason on the thirtieth (30th) day following the Company’s receipt of Executive’s notice, if the Company has not cured the event that gives rise to Good Reason before the end of such 30-day period. If Executive does not resign within that 30-day period, then Good Reason shall no longer exist based on the applicable event. (b) In the event that Executive resigns from employment for Good Reason other than pursuant to Section 2.10, and subject to Sections 2.12 and 2.13, Executive shall be eligible for the same payments and benefits as Executive would receive under Section 2.3 and on the same conditions as if Executive had been terminated by the Company without Cause, provided, however, that, if (i) a reduction in Base Salary or Target Bonus was the basis for Executive’s resignation for Good Reason, then the Base Salary or Target Bonus in effect before such reduction, as applicable, shall be used to calculate the severance payment.

Appears in 6 contracts

Samples: Severance Agreement (Dupont Fabros Technology, Inc.), Severance Agreement (DuPont Fabros Technology LP), Severance Agreement (Dupont Fabros Technology, Inc.)

AutoNDA by SimpleDocs

Resignation by Executive for Good Reason. (a) Provided that Executive has not previously been notified of the Company’s intention to terminate Executive’s employment, Executive may resign from employment with the Company for Good Reason by giving notice to the Company no later than sixty (60) days after the initial occurrence of one of the events specified in the definition of Good Reason that Executive intends to terminate his/her his employment for Good Reason on the thirtieth (30th) day following the Company’s receipt of Executive’s notice, notice if the Company has not cured the event that gives rise to Good Reason before the end of such 30-day period. If Executive does not resign within that 30-day period, then Good Reason shall no longer exist based on the applicable event. (b) In the event that Executive resigns from employment for Good Reason other than pursuant to Section 2.104.10, and subject to Sections 2.12 4.12 and 2.134.13, Executive shall be eligible for the same payments and benefits as Executive would receive under Section 2.3 4.3 and on the same conditions as if Executive had been terminated by the Company without CauseCause and as set forth in Section 4.3, provided, however, that, if (i) a reduction in Base Salary or Target Bonus was the basis for Executive’s resignation for Good Reason, then the Base Salary or Target Bonus in effect before such reduction, as applicable, shall be used to calculate the severance payment.

Appears in 1 contract

Samples: Employment Agreement (Dupont Fabros Technology, Inc.)

AutoNDA by SimpleDocs
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!