TERM AND APPOINTMENT Sample Clauses
The 'Term and Appointment' clause defines the duration of the agreement and the conditions under which a party is appointed to a specific role or position. Typically, it specifies the start and end dates of the contractual relationship and may outline any renewal or extension provisions, as well as the responsibilities or authority granted to the appointed party. This clause ensures both parties have a clear understanding of the timeframe and the nature of the appointment, thereby reducing ambiguity and helping to manage expectations throughout the contract period.
TERM AND APPOINTMENT. 2.1 The Company shall engage the Executive and the Executive shall serve the Company as an employee and director as hereinafter provided (the "APPOINTMENT").
2.2 The Appointment shall commence on the Commencement Date and shall be for a fixed term of four years from the Commencement Date ("THE FIXED TERM").
2.3 The parties have agreed that the Executive shall be entitled to payment of the liquidated damages ("THE LIQUIDATED DAMAGES") specified in clause 2.5 in the following circumstances:
(a) If the Executive terminates the Agreement during the Fixed Term in response to and as a result of a fundamental breach by the Company of this Agreement; and/or
(b) If the Company terminates the Agreement before the expiry of the Fixed Term otherwise than in circumstances which would warrant a summary termination under Clause 13.
2.4 The parties agree that the Executive is unlikely to terminate the Agreement during the Fixed Term save in the circumstances set out in clause 2.3 (a) above. With a view to avoiding the time and cost involved in litigation, the parties have agreed the following Liquidated Damages and that such Liquidated Damages represent a genuine pre-estimate of the loss which the Executive would suffer if the Appointment is terminated in the circumstances set out in clause 2.3 (a)-(b) above. The parties further agree that the Executive is not obliged to mitigate his loss or bring into account any earnings following termination of the Agreement under this clause. The payment of Liquidated Damages under this clause shall be in full and final settlement of all or any claims that the Executive may have arising out of this Appointment or its termination in the circumstances set out in clause 2.3 (a)-(b) above.
2.5 The Company shall pay the Liquidated Damages to the Executive within 14 days of the effective date of termination ("THE TERMINATION DATE"). The Liquidated Damages shall be a sum representing the Salary (including reasonable annual increments) and the value of all contractual benefits, which would have been payable or provided by the Company to the Executive between the Termination Date and the first date on which the Company could lawfully have terminated the Appointment pursuant to clause 2.2.
2.6 The parties agree that in calculating the Liquidated Damages each of the sums set out in 2.5 shall be calculated net of all or any Income Tax and National Insurance which would otherwise have been payable by the Executive on these sums.
2.7 Further, if th...
TERM AND APPOINTMENT. 2.1 The Company shall engage the Executive and the Executive shall serve the Company as Executive Vice President - Worldwide Sales (the “Appointment”). The Appointment shall be deemed to have commenced on 4 January 2005 and shall subject to clauses 19 and 21 below continue unless and until terminated by either party giving to the other either (i) not less than 12 months’ previous notice in writing; or (ii) if shorter, written notice which is equal to the period of time from the date upon which notice is given to the Executive’s 65th birthday.
2.2 Where notice is served to terminate the Appointment, whether by the Company or the Executive, the Company in its absolute discretion shall be entitled to terminate the Appointment forthwith by paying to the Executive salary alone as set out in Clause 7 in lieu of any required period of notice (less any deductions the Company is required to make). A payment made under this clause will be in full and final settlement of any and all claims under this Agreement.
2.3 Where notice is served to terminate the Appointment whether by the Company or the Executive, the Company in its absolute discretion shall be entitled to require the Executive to comply with any of the provisions in Clause 5 below.
2.4 The Appointment shall automatically cease on the Executive’s 65th birthday.
TERM AND APPOINTMENT. 2.1 The Company shall engage the Executive and the Executive shall serve the Company as hereinafter provided. The Appointment shall be deemed to have commenced on 1 November 2000 and shall continue subject as hereinafter mentioned unless and until terminated by either party giving to the other not less than 12 months' previous notice but not in any event so as to extend beyond the Executive's 60th birthday.
2.2 The Executive agrees that, subject to clauses 2.3 and 2.4 below the Company, at its absolute discretion, may terminate the Executive's employment hereunder forthwith by payment to the Executive in lieu of the notice period or the balance thereof if notice pursuant to Clause 2.1 has previously been given (such notice period or balance being referred to in this Clause 2.2 as the "Compensation Period"), a termination payment ("the Termination Payment") equal to:
(a) the salary (at the rate applicable at the date of termination of employment) to which the Executive would have been entitled during the Compensation Period; and
(b) a sum equal to: Where "A" is the cost to the Company of providing the other contractual benefits to the Executive under this Agreement in the 12 months immediately preceding the Compensation Period; and
TERM AND APPOINTMENT. 2.1 The rights and obligations of the parties under this Agreement will commence on the Commencement Date and continue until the Termination Date, subject to the terms of this Agreement.
2.2 The Contractor is an independent contractor appointed on a non-exclusive basis to provide the Services in accordance with this Agreement. This Agreement does not create a relationship of employer and employee, principal and agent, or partnership between AAQ and the Contractor or any of its Personnel.
2.3 The Contractor and AAQ acknowledges that each party does not have authority to bind the other party by contract or otherwise. AAQ - F - 0 04 Revision : 3 Date : 10 / 03 / 2023 UNCONTR OLL ED COPY W HEN PR INT ED
3.1 Unless otherwise agreed, AAQ will only pay for Services which are requested and duly authorised by AAQ in accordance with this Agreement.
3.2 AAQ will notify the Contractor in writing (by either facsimile or email):
(a) that the Contractor is required to provide Services to a Consumer;
TERM AND APPOINTMENT. 2.1 The rights and obligations of the parties under this Agreement will commence on the Commencement Date and continue until the Termination Date, subject to the terms of this Agreement.
2.2 The Contractor is an independent contractor appointed on a non-exclusive basis to provide the Services in accordance with this Agreement. This Agreement does not create a relationship of employer and employee, principal and agent, or partnership between AAQ and the Contractor or any of its Personnel.
2.3 The Contractor and AAQ acknowledges that each party does not have authority to bind the other party by contract or otherwise.
TERM AND APPOINTMENT. 2.1 The Company shall employ the Executive and the Executive shall serve the SBS Group as Executive Chairman of the SBS Group (the "Appointment"). The Appointment shall be deemed to have begun on the Commencement Date and shall continue (subject to earlier termination as provided for herein) for a fixed Term of 2 years and thereafter on such terms and conditions as may be agreed.
2.2 The Executive warrants that by entering into this Agreement he will not be in breach of any agreements with or obligations owed to any third parties.
TERM AND APPOINTMENT. 2.1 The Company hereby confirms the appointment of the Executive and the Executive shall continue to serve the Company as Finance Director as provided in this Agreement. This Agreement and the Appointment shall commence on the Commencement Date and shall continue (subject as provided herein) unless and until either party gives to the other written notice in accordance with Clause 2.2 below Provided Always that this Agreement and the Appointment hereunder shall in any event terminate automatically on the Executive’s sixty-second (62nd) birthday without either party having to give written notice to effect termination on such date.
2.2 For the purposes of Clause 2.1 above the requisite notice periods to be given by the respective parties are:
2.2.1 on the part of the Executive, not less than six months’ written notice of termination to the Company;
2.2.2 on the part of the Company, not less than twelve months’ written notice of termination to the Executive.
TERM AND APPOINTMENT. 2.1 The Company shall engage the Executive and the Executive shall serve the Company as Chief Executive on the terms hereinafter provided (the “Appointment”). The Appointment shall commence on the Commencement Date and shall continue subject as hereinafter mentioned until terminated by the Company giving to the Executive not less than 12 months notice in writing or the Executive giving to the Company not less than 6 months notice in writing but not in any event so as to extend beyond the normal retirement age of 60 years. Notice to terminate the Appointment cannot be given by either party under this clause 2.1 prior to December 31, 2004.
2.2 During the notice period, regardless of whether the Executive or the Company has given the notice, the Company may at its absolute discretion, for all or part of the notice period, require the Executive:
(a) not to enter the premises of the Company and/or any Group Company;
(b) not to carry out any work or duties on behalf of the Company or any Group Company, except as may be requested by the Company;
(c) not to act or represent himself as if he has authority to act on behalf of the Company or any Group Company except as may be requested by the Company;
(d) to resign from all offices held in the Company or any of the Group Companies (and should he fail to do so the Company is hereby irrevocably appointed to be the Executive’s Attorney in his name and on his behalf to execute any documents and to do any things necessary or requisite to give effect to this sub-clause); and/or
(e) not to contact or communicate with suppliers, customers or clients, investors, employees, agents, trustees or representatives of the Company or any Group Company except as may be requested by the Company.
2.3 The Company shall be entitled to terminate the Appointment immediately at any time; however, if the Company terminates the Appointment prior to December 31, 2004, the Company will pay to the Executive payments in lieu of salary, bonus and contractual benefits that the Executive would have received had the Appointment continued until December 31, 2005. If the Company terminates the Appointment on or after December 31, 2004, the Company will pay to the Executive payments in lieu of salary, bonus and contractual benefits for (i) 12 months following the termination of the Appointment if the Company has not provided the Executive with the 12 month notice of its intention to terminate the Appointment, or (ii) where the 12 month notice of terminat...
TERM AND APPOINTMENT. According to the terms of this Agreement, the Employee shall be appointed as the General Manager of the Company.
TERM AND APPOINTMENT. 2.1 Subject to completion of Listing by 31st August 1997 (the "Condition") the Company shall engage the Executive and the Executive shall serve the Company as hereinafter provided (the "Appointment"). The Appointment shall commence on the date of Listing and shall continue subject as hereinafter mentioned unless and until terminated by either party giving to the other not less than 12 months' previous notice in but not in any event so as to extend beyond the Executive's 60th birthday.
2.2 The Executive agrees that, subject to clauses 2.3 and 2.4 below the Company, at its absolute discretion, may terminate the Executive's employment hereunder forthwith by payment to the Executive in lieu of the notice period or the balance thereof if notice pursuant to Clause 2.1 has previously been given (such notice period or balance being referred to in this Clause 2.2 as the "Compensation Period"), a termination payment ("the Termination Payment") equal to:
(a) the salary (at the rate applicable at the date of termination of employment) to which the Executive would have been entitled during the Compensation Period; and
(b) a sum equal to: