Salary and Benefits Upon Termination. In the event of termination of employment, Executive shall receive all regular Base Salary due up to the date of termination, and if it has not previously been paid to Executive, Executive shall be paid any Bonus to which Executive had become entitled under the Bonus Plan prior to the effective date of such termination and the Company shall have no further obligation hereunder from and after the effective date of termination except as may be provided in the Separation and Severance Agreement and the Company shall have all other rights and remedies available under this Agreement or any other agreement and at law or in equity. Executive's stock options with respect to the Company's stock shall be subject to the terms of the EFactor Holdings, Inc. Stock Incentive Plan or any successor plan, which is a separate agreement. In the event of termination, Executive's rights to benefits other than severance shall be governed by the terms of the Company's retirement, insurance and other benefit plans and programs then in effect in accordance with the terms of such plans. Executive's right to severance benefits, if any, shall be governed by the terms of the Separation and Severance Agreement attached hereto as Exhibit B (the "Severance Agreement"); provided, however, the Executive, as the Chief Executive, shall be entitled to de novo review of any material violation of this Severance Agreement, or denial of any claim, or eligibility for any claim thereunder exclusively as provided in the Resolution of Dispute provisions of section 12 of this Employment Agreement. The Severance Agreement is incorporated in this Agreement by reference and is hereby made a part of this Agreement as if fully set forth herein.
Appears in 2 contracts
Samples: Chief Executive Employment Agreement (Efactor Holdings Inc), Employment Agreement (Efactor Holdings Inc)
Salary and Benefits Upon Termination. In the event of termination of employment, Executive shall receive all regular Base Salary due up to the date of termination, and if it has not previously been paid to Executive, Executive shall be paid any Declared Bonus to which Executive had become entitled under the Bonus Plan prior to the effective date of such termination and the Company shall have no further obligation hereunder from and after the effective date of termination except as may be provided in the Separation and Severance Agreement and the Company shall have all other rights and remedies available under this Agreement or any other agreement and at law or in equity. Executive's ’s stock options with respect to the Company's ’s stock shall be subject to the terms of the EFactor HoldingsTrimeris, Inc. Amended and Restated Stock Incentive Plan or any successor plan, which is a separate agreement, and this Agreement does not create any rights with respect to stock options. In the event of termination, Executive's ’s rights to benefits other than severance shall be governed by the terms of the Company's ’s retirement, insurance and other benefit plans and programs then in effect in accordance with the terms of such plans. Executive's ’s right to severance benefits, if any, shall be governed by the terms of the Separation and Severance Agreement attached hereto as Exhibit B (the "“Severance Agreement"”); provided, however, the Executive, as the Chief Executive, Executive shall be entitled to de novo review of any material violation of this the Severance Agreement, or denial of any claim, or eligibility for any claim thereunder exclusively as provided in the Resolution of Dispute provisions of section Section 12 of this Employment Agreement. The Severance Agreement is incorporated in this Agreement by reference and is hereby made a part of this Agreement as if fully set forth herein.
Appears in 2 contracts
Samples: Executive Employment Agreement, Executive Employment Agreement (Trimeris Inc)
Salary and Benefits Upon Termination. In the event of termination of employment, Executive shall receive all regular Base Salary due up to the date of termination, and if it has not previously been paid to Executive, Executive shall be paid any Declared Bonus to which Executive had become entitled under the Bonus Plan prior to the effective date of such termination and the Company shall have no further obligation hereunder from and after the effective date of termination except as may be provided in the Separation and Severance Agreement and the Company shall have all other rights and remedies available under this Agreement or any other agreement and at law or in equity. Executive's stock options with respect to the Company's stock shall be subject to the terms of the EFactor HoldingsTrimeris, Inc. Amended and Restated Stock Incentive Plan or any successor plan, which is a separate agreement, and this Agreement does not create any rights with respect to stock options. In the event of termination, Executive's rights to benefits other than severance shall be governed by the terms of the Company's retirement, insurance and other benefit plans and programs then in effect in accordance with the terms of such plans. Executive's right to severance benefits, if any, shall be governed by the terms of the Separation and Severance Agreement attached hereto as Exhibit B (the "Severance Agreement"); provided, however, the Executive, as the Chief Executive, Executive shall be entitled to de novo review of any material violation of this the Severance Agreement, or denial of any claim, or eligibility for any claim thereunder exclusively as provided in the Resolution of Dispute provisions of section Section 12 of this Employment Agreement. The Severance Agreement is incorporated in this Agreement by reference and is hereby made a part of this Agreement as if fully set forth herein.
Appears in 1 contract
Salary and Benefits Upon Termination. In the event of termination of employmentappointment (as an officer or otherwise), Executive Xxxxxxx shall receive all regular Base Salary due up to the date of termination, and if it has not previously been paid to ExecutiveXxxxxxx, Executive Xxxxxxx shall be paid any Bonus to which Executive Xxxxxxx had become entitled under the Bonus Plan prior to the effective date of such termination and the Company shall have no further obligation hereunder from and after the effective date of termination except as may be provided in the Separation and Severance Agreement and the Company shall have all other rights and remedies available under this Agreement or any other agreement and at law or in equity. Executive's Xxxxxxx’x stock options with respect to the Company's ’s stock shall be subject to the terms of the EFactor HoldingsTrimeris, Inc. Amended and Restated Stock Incentive Plan and applicable option agreements thereunder, or any successor planplans and agreements, which is a separate agreementare not part of this Agreement. In the event of termination, Executive's rights to benefits other than severance shall be governed by the terms of the Company's retirement, insurance and other benefit plans and programs then in effect in accordance with the terms of such plans. Executive's Xxxxxxx’x right to severance benefits, if any, shall be governed by the terms of the Separation and Severance Agreement attached hereto as Exhibit B (the "“Severance Agreement"”); provided, however, the Executive, as the Chief ExecutiveXxxxxxx, shall be entitled to de novo review of any material violation of this the Severance Agreement, or denial of any claim, or eligibility for any claim thereunder exclusively as provided in the Resolution of Dispute provisions of section Section 12 of this Employment Agreement. The Severance Agreement is incorporated in this Agreement by reference and is hereby made a part of this Agreement as if fully set forth herein.
Appears in 1 contract
Samples: Employment Agreement (Trimeris Inc)
Salary and Benefits Upon Termination. In the event of termination of employment, Executive shall receive all regular Base Salary due up to the date of termination, and if it has not previously been paid to Executive, Executive shall be paid any Bonus to which Executive had become entitled under the Bonus Plan prior to the effective date of such termination and the Company shall have no further obligation hereunder from and after the effective date of termination except as may be provided in the Separation and Severance Agreement and the Company shall have all other rights and remedies available under this Agreement or any other agreement and at law or in equity. Executive's ’s stock options with respect to the Company's ’s stock shall be subject to the terms of the EFactor HoldingsTrimeris, Inc. Amended and Restated Stock Incentive Plan or any successor plan, which is a separate agreement. In the event of termination, Executive's ’s rights to benefits other than severance shall be governed by the terms of the Company's ’s retirement, insurance and other benefit plans and programs then in effect in accordance with the terms of such plans. Executive's ’s right to severance benefits, if any, shall be governed by the terms of the Separation and Severance Agreement attached hereto as Exhibit B (the "“Severance Agreement"”); provided, however, the Executive, as the Chief Executive, shall be entitled to de novo review of any material violation of this the Severance Agreement, or denial of any claim, or eligibility for any claim thereunder exclusively as provided in the Resolution of Dispute provisions of section Section 12 of this Employment Agreement. The Severance Agreement is incorporated in this Agreement by reference and is hereby made a part of this Agreement as if fully set forth herein.
Appears in 1 contract
Salary and Benefits Upon Termination. In the event of termination of employment, Executive shall receive all regular Base Salary due up to the date of termination, and if it has not previously been paid to Executive, Executive shall be paid any Bonus to which Executive had become entitled under the Bonus Plan prior to the effective date of such termination and the Company shall have no further obligation hereunder from and after the effective date of termination except as may be provided in the Separation and Severance Agreement and the Company shall have all other rights and remedies available under this Agreement or any other agreement and at law or in equity. Executive's stock options with respect to the Company's stock shall be subject to the terms of the EFactor HoldingsTrimeris, Inc. Amended and Restated Stock Incentive Plan or any successor plan, which is a separate agreement. In the event of termination, Executive's rights to benefits other than severance shall be governed by the terms of the Company's retirement, insurance and other benefit plans and programs then in effect in accordance with the terms of such plans. Executive's right to severance benefits, if any, shall be governed by the terms of the Separation and Severance Agreement attached hereto as Exhibit B (the "Severance Agreement"); provided, however, the Executive, as the Chief Executive, shall be entitled to de novo review of any material violation of this the Severance Agreement, or denial of any claim, or eligibility for any claim thereunder exclusively as provided in the Resolution of Dispute provisions of section Section 12 of this Employment Agreement. The Severance Agreement is incorporated in this Agreement by reference and is hereby made a part of this Agreement as if fully set forth herein.
Appears in 1 contract
Salary and Benefits Upon Termination. In the event of termination of employment, Executive shall receive all regular Base Salary due up to the date of termination, and if it has not previously been paid to Executive, Executive shall be paid any Bonus to which Executive had become entitled under the Bonus Plan prior to the effective date of such termination and the Company shall have no further obligation hereunder from and after the effective date of termination except as may be provided in the Separation and Severance Agreement and the Company shall have all other rights and remedies available under this Agreement or any other agreement and at law or in equity. Executive's stock options with respect to the Company's stock shall be subject to the terms of the EFactor HoldingsTrimeris, Inc. Amended and Restated Stock Incentive Plan or any successor plan, which is a separate agreement. In the event of termination, Executive's rights to benefits other than severance shall be governed by the terms of the Company's retirement, insurance and other benefit plans and programs then in effect in accordance with the terms of such plans. Executive's right to severance benefits, if any, shall be governed by the terms of the Separation and Severance Agreement attached hereto as Exhibit B (the "Severance Agreement"); provided, however, the Executive, as the Chief Executive, shall be entitled to de novo review of any material violation of this Severance Agreement, or denial of any claim, or eligibility for any claim thereunder exclusively as provided in the Resolution of Dispute provisions of section 12 of this Employment Agreement. The Severance Agreement is incorporated in this Agreement by reference and is hereby made a part of this Agreement as if fully set forth herein.
Appears in 1 contract
Samples: Chief Executive Employment Agreement (Trimeris Inc)
Salary and Benefits Upon Termination. In the event of termination of employmentappointment (as an officer or otherwise), Executive Bonczek shall receive all regular Base Salary due up to the date of xxxx xf termination, and if it has not previously been paid to ExecutiveBonczek, Executive Bonczek shall be paid any Bonus to which Executive had become entitled Bonczek hxx xxxxme xxxxxxed under the Bonus Plan prior to the effective txx xxxxctive date of such termination and the Company shall have no further obligation hereunder from and after the effective date of termination except as may be provided in the Separation and Severance Agreement and the Company shall have all other rights and remedies available under this Agreement or any other agreement and at law or in equity. ExecutiveBonczek's stock options with respect to the Company's stock shall be subject to the terms of the EFactor HoldingsTrimeris, Inc. Amended and Restated Stock Incentive Plan and applicable option agreements thereunder, or any successor planplans and agreements, which is a separate agreementare not part of this Agreement. In the event of termination, Executive's rights to benefits other than severance shall be governed by the terms of the Company's retirement, insurance and other benefit plans and programs then in effect in accordance with the terms of such plans. ExecutiveBonczek's right to severance benefits, if any, shall be governed by the xxx terms of the Separation and Severance Agreement attached hereto as Exhibit B (the "Severance Agreement"); provided, however, the Executive, as the Chief ExecutiveBonczek, shall be entitled to de novo review of any material violation materiax xxxxxtion of this the Severance Agreement, or denial of any claim, or eligibility for any claim thereunder exclusively as provided in the Resolution of Dispute provisions of section Section 12 of this Employment Agreement. The Severance Agreement is incorporated in this Agreement by reference and is hereby made a part of this Agreement as if fully set forth herein.
Appears in 1 contract
Samples: Executive Agreement (Trimeris Inc)