Rights and Remedies on Termination. (i) If the Employee’s employment hereunder is terminated pursuant to Section 6(a), Section 6(b), Section 6(c) or by Employee pursuant to Section 6(d), then the Employee (or his estate, as applicable) shall be entitled to receive his Base Salary through the date of termination or expiration.
(ii) If the Employee’s employment hereunder is terminated by the Employer pursuant to Section 3, Section 6(d) (other than for resignation by the Employee) or by the Employee pursuant to Section 6(e), then the Employee shall be entitled to continue to receive payment, in accordance with the Employer’s then current payroll practices, of the Employee’s Base Salary, Fringe Benefits, Insurance and other benefits in effect at the time of such termination, for one year (the “Severance Period”), provided, if Employee is employed or engaged as a consultant, advisor or similar position (“Subsequent Employment”) during the Severance Period, the amounts due to Employee under this Section 6(f)(ii) will be reduced by the amounts earned by Employee in his Subsequent Employment.
(iii) If the Employee’s employment hereunder is terminated pursuant to Section 6(a), Section 6(b), Section 6(d), or Section 6(e), then the Employee shall be entitled to payment for any accrued vacation as of the date of termination.
(iv) Except as otherwise set forth in this Section 6(f), the Employee shall not be entitled to any severance, bonus or other compensation after termination other than payment of any portion of his Base Salary through the date of his termination and any expense reimbursements under Section 5 hereof for expenses incurred in the performance of his duties prior to termination; provided that if Employee’s employment is terminated due to Employee’s death or Disability after the end of a Fiscal Year but prior to the payment of any Bonus that has been earned for such Fiscal Year, the Employee, his successors or his heirs, as applicable, shall be entitled to the payment of any such Bonus for such Fiscal Year.
Rights and Remedies on Termination. The Executive will be entitled to receive the payments and benefits specified below if there is an Early Termination.
Rights and Remedies on Termination. (i) If the Employee's employment hereunder is terminated pursuant to ss.6(a) or by the Employer pursuant to ss.6(c), then the Employee (or his estate, as applicable) shall be entitled to receive payment, in accordance with the Employer's then current payroll practices, of the Employee's Base Salary in effect at the time of such termination for one year following such termination; provided, however, that in the case of a termination by the Employer pursuant to ss.6(c), the Employee shall be required to mitigate his damages by accepting other suitable employment during such period and the Employer shall be entitled to reduce the amount payable by the Employer under this ss.6(d)(i) by an amount equal to the income received by the Employee pursuant to such new employment.
(ii) Except as otherwise set forth in this ss.6(d), the Employee shall not be entitled to any severance or other compensation after termination other than payment of any portion of his Base Salary through the date of his termination and any expense reimbursements under ss.5 hereof for expenses incurred in the performance of his duties prior to termination.
Rights and Remedies on Termination. Upon the termination of Employee’s employment in accordance with §6, the Company shall be required to pay only for (A) any unpaid Base Salary due for the period prior and through the date of termination, and (B) following submission of proper expense reports by the Employee, reimbursement for all expenses properly incurred in accordance with §5 of this Agreement, prior to the date of termination (the items set forth in the foregoing clauses (A), (B) and (C), collectively, the “Accrued Benefits”), and all obligations of the Company to pay salary and other payments to the Employee hereunder shall terminate effective as of the date of such termination.
Rights and Remedies on Termination. If this Agreement terminates on account of the breach of either party, any additional obligations of the non-breaching party shall cease, and such non-breaching party shall have the right to exercise all rights and remedies available both at law and in equity. Upon termination for any other reason, neither party shall have any further rights or obligations hereunder, other than pursuant to any provision hereof that expressly survives the termination of this Agreement (including, but not limited to, those related to confidentiality of information with respect to the Business and the Property). Neither party shall be liable to the other party for any special, indirect, consequential or incidental damages, including, but not limited to, lost profits.
Rights and Remedies on Termination. (i) If the Employee’s employment is terminated pursuant to Section 6(a) or Section 6(b), by the Employee pursuant to Section 6(c) or pursuant to Section 3 in connection with the expiration of the Initial Term or any subsequent term hereunder then the Employee (or his estate, as applicable) shall be entitled to receive his Base Salary through the date of termination or expiration.
(ii) Except as provided in Section 6(e)(iii) below, if the Employee’s employment hereunder is terminated by the Employer pursuant to Section 6(c) or by the Employee for Good Reason pursuant to Section 6(d), then the Employee shall be entitled to receive as severance pay, (A) payment of Base Salary in effect at the time of such termination (the “Termination Date”), in accordance with the Employer’s then current payroll practices for a twelve (12) month period following the Termination Date and (B) a payment equal to the target bonus amount set forth in Section 4(b) hereof for the fiscal year in which the Termination Date occurs, such payment to be payable in the fiscal year following the Termination Date, on or about April 30.
(iii) If the Employee’s employment hereunder is terminated by the Employer pursuant to Section 6(c) or by the Employee for Good Reason pursuant to Section 6(d), either such event occurring within one hundred eighty (180) days following any “Change of Control,” then the Employee shall be entitled to receive as severance pay, (A) payment of Base Salary in effect on the Termination Date, in accordance with the Employer’s then current payroll practices for a twenty-four (24) month period following the Termination Date, and (B) two payments, each equal to the target bonus amount set forth in Section 4(b) hereof for the fiscal year in which the Termination Date occurs, the first such payment to be payable in the fiscal year following the Termination Date, on or about April 30 of that fiscal year, and the second such payment to be payable in the second fiscal year following the Termination Date, on or about April 30 of that fiscal year. The period during which the Employer is obligated to pay severance pursuant to Sections 6(e)(ii) or 6(e)(iii), as applicable, is hereinafter refereed to as the “Severance Period.”
Rights and Remedies on Termination. (i) If the Employee’s employment hereunder is terminated pursuant to §6(a), §6(b) or §6(c), by the Employee pursuant to §6(d) or pursuant to §3 in connection with the expiration of the Initial Term or any subsequent term hereunder, then the Employee (or his estate, as applicable) shall be entitled to receive his Base Salary through the date of termination or expiration.
(ii) If the Employee’s employment hereunder is terminated by the Employer pursuant to §6(d), in connection with the Employer’s election not to renew the Term or any Renewal Term pursuant to §3 above, or by the Employee pursuant to §6(e), then the Employee shall be entitled to continue to receive payment, in accordance with the Employer’s then current payroll practices, of the Employee’s Base Salary in effect at the time of such termination (the “Termination Date”) for a twelve (12) month period following such termination (the “Severance Period”), provided, however, that (A) the Employee’s right to receive the foregoing payments is expressly conditioned upon receipt by the Employer within thirty (30) days following the Termination Date of a written release executed by the Employee, in form and substance satisfactory to the Employer, of any and all claims or causes of action of any nature relating directly or indirectly to such Employee’s employment or termination of employment by the Employer, and (B) in the event that the Employee breaches any of the covenants, terms or provisions of §§7, 8 or 9 hereof, without limiting any other rights that the Employer may have, the Employer’s obligation to make payments under this §6(f)(ii) shall immediately terminate.
(iii) Except as otherwise set forth in this §6(f), the Employee shall not be entitled to any severance, bonus or other compensation after termination other than payment of any expense reimbursements under §5 hereof for expenses incurred in the performance of his duties prior to termination or benefits or compensation to which the Employee is entitled pursuant to applicable law (e.g. COBRA).
Rights and Remedies on Termination. (a) If Xionics shall terminate Simone's employment hereunder other than as provided in Sections 6.1 and 6.2 above, then Simone shall be entitled to receive, as severance pay and in consideration of his ongoing obligations under the Invention and Nondisclosure Agreement, in accordance with Xionics' then-current payroll practices, payment of his Base Salary in effect at the date of termination for a period of twelve (12) months after such date, together with reimbursement of the cost of his group health and dental plan coverage in effect at the date of termination for the same twelve-month period. Simone shall not accept any new employment during such twelve-month period in breach of the Invention and Nondisclosure Agreement.
(b) For purposes of this Section 6.3, Simone's employment shall be deemed terminated if, INTER ALIA, any one of the following occurs upon or within eighteen (18) months after the closing or other completion of a merger, consolidation, business combination or other reorganization involving Xionics, an acquisition (whether by stock transfer or asset purchase) of all or substantially all of Xionics' business, or a change of control whereby more than fifty percent (50%) of the voting equity in Xionics becomes beneficially owned by a single person, entity, or affiliated group of persons or entities: (i) Simone's employment is actually terminated (other than as provided in Sections 6.1 and
(c) If Simone shall voluntarily terminate his employment hereunder after June 30, 1998 but prior to the expiration of the Initial Term, he shall be entitled to receive up to twelve (12) months' severance pay and benefits in the amount and subject to the limitations set forth in subsection (a) above, but only if Simone remains employed with Xionics and continues to devote his full time, attention and energies to Xionics' affairs until such time as a suitable successor, as determined by the Board in its sole discretion, has been hired and has actually commenced work at Xionics." Except as amended herein and previously, the Agreement remains in full force and effect as originally written.
Rights and Remedies on Termination. Upon the termination of this Agreement, the parties shall have the following rights, remedies and duties with respect to this Agreement and the Products:
9.4.1 Subject to the qualifications and limitations set forth below, Distributor shall promptly deliver to Implant, or otherwise dispose as instructed by Implant, all of the Products, including parts a d materials, which Distributor has in its possession or under its control, all technical instruction books, technical pamphlets, catalog, advertising materials, specifications, and all other material, documents or papers, excluding correspondence between the parties, which Distributor has in its possession or under its control. With n ninety (90) days of return of the Products pursuant to this Section 9. , Implant shall reimburse Distributor an amount equal to the origin I purchase price paid by Distributor to Implant for such Products, less twenty-five percent (25%) of such original purchase price 'f termination is due to Distributor's breach or default of any terms r conditions of this Agreement, as a cancellation and restocking fee. Notwithstanding any of the foregoing, Distributor shall not return to Implant and Implant shall not be responsible for reimbursement for any of the following products: (i) any custom Products which are n t generally available to customers of Implant; (ii) any Products which have been purchased by Distributor more than twelve (12) months prior to the effective date of termination; and (iii) any Products 0 longer carried in Implant's product lines. All costs, including delivery and insurance, incurred in any such return or disposal, shall be borne by Distributor. In addition, Implant may deduct from such reimbursement any amounts due Implant from Distributor for a y reason; such amounts may include, at Implant's reasonable discretion, without limitation, refurbishment and/or upgrade costs relating 0 returned Products used for, and/or damaged during, demonstration r other purposes;
9.4.2 All of the Distributor's right to intangibles used or associated with t e Products shall immediately be transferred and assigned, without further action by Distributor, to Implant, and Distributor will immediately discontinue and refrain from all advertising and use of t e name "Implant", "Quantum Sniffer~, other Implant tradenames, trademarks, logos and designations and trade secrets information;
9.4.3 Distributor shall remain obligated to accept and purchase Products subject to all outstanding...
Rights and Remedies on Termination. (i) If the Executive's employment hereunder is terminated by the Employer (A) pursuant to Section7(a), or (B) without Cause pursuant to Section7(c), then in each case, the Executive shall be entitled to receive payment, in accordance with the Employer's then current payroll practices, of the Executive's Base Salary in effect at the time of such termination until the date which is twelve (12) months after such termination.
(ii) If the Executive's employment is terminated other than pursuant to termination by the Employer (A) pursuant to Section7(a), or (B) without Cause pursuant to Section7(c) hereof, the Executive shall only be entitled to receive payment of his Base Salary through the date of termination.
(iii) Except as otherwise set forth in this Section7(e), the Executive shall not be entitled to any severance or other compensation after termination.
