Common use of Term; Termination of Employment Clause in Contracts

Term; Termination of Employment. (a) The term of Executive’s employment under this Agreement (the “Employment Period”) shall commence as of the Effective Date and shall terminate on the third anniversary thereof; provided that (i) the Employment Period shall automatically renew for successive one-year periods on the third anniversary of the Effective Date and on the last day of each successive one-year period unless either party provides advance written notice to the other party no less than twelve (12) months prior to the commencement of a succeeding one-year period, in which case Executive’s employment and the Employment Period shall terminate on the day immediately prior to the commencement of such successive one-year period, and (ii) the Employment Period shall earlier terminate immediately upon Executive’s resignation (with or without Good Reason (as defined below)), Executive’s death, or termination of Executive’s employment by the Company due to Disability (as defined below), for Cause (as defined below) or without Cause. (b) Except as otherwise provided herein, any termination of the Employment Period by the Company shall be effective as specified in a written notice from the Company to Executive. Executive acknowledges the payments and other benefits provided by the Company to Executive hereunder during the Employment Period and the Severance Period (as defined below), if applicable, and in consideration for such payments and benefits Executive agrees, among other things, to provide the Company with at least sixty (60) days’ prior written notice of Executive’s resignation for other than Good Reason. Executive acknowledges and agrees that there is no assurance that this Agreement shall be renewed or extended upon the expiration of the Employment Period, and neither Executive nor the Company has any obligation to renew or extend this Agreement or any right to require any such renewal or extension and, except as otherwise set forth in Section 6(e), a failure to renew or extend this Agreement shall not entitle Executive or the Company to any additional consideration.

Appears in 3 contracts

Samples: Employment Agreement, Employment Agreement (Multi Packaging Solutions International LTD), Employment Agreement (Multi Packaging Solutions International LTD)

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Term; Termination of Employment. (a) The term of ExecutiveEmployee’s employment under this Agreement (the “Employment Period”) shall commence as of the Effective Date January 1, 2009, and shall terminate on the third anniversary thereof; provided that (i) the Employment Period shall automatically renew continue until December 31, 2013, and for successive one-year periods on thereafter (the third anniversary “Employment Term”), unless either Employee or Employer gives at least one-year’s prior written notice of intent not to renew the Effective Date Employment Term, or Employee’s employment is terminated earlier by Employee or Employer as hereinafter provided. Imme- diately upon termination of Employee’s employment hereunder for any reason (other than death), Employee hereby agrees to resign as a Director and on the last day as a director, officer, employee, and agent of each successive one-year period unless either party provides advance of Employer’s subsidiaries. (b) Employee may terminate his employment under this Agreement, at any time, by giving at least three (3) months’ prior written notice of such termination to Employer. In the other party no less event that Employee terminates his employment under this Agreement prior to, or later than twelve nine (129) months prior to the commencement of after, a succeeding one-year period, Change in which case Executive’s employment and the Employment Period shall terminate on the day immediately prior to the commencement of such successive one-year period, and (ii) the Employment Period shall earlier terminate immediately upon Executive’s resignation (with or without Good Reason (as defined below)), Executive’s death, or termination of Executive’s employment by the Company due to Disability Control (as defined below), Employee shall be entitled to two (2) months’ additional Base Salary (as defined below) paid in a lump-sum, net of withholding for all applicable taxes and other amounts which may properly be withheld, at the end of the three (3) months’ notice period; such additional Base Salary shall, subject to the provisions of subsection 4(b), be paid on the thirtieth (30th) day after the day of such termination. In the event that Employee terminates his employment under this Agreement within nine (9) months after a Change in Control, Employee shall be entitled to a Severance Payment (as defined below) in the amount set forth in paragraph 2(f)(3). (c) Employer may terminate Employee’s employment under this Agreement, at any time, for any reason or for no reason, immediately by giving written notice to Employee. In the event that Employer terminates Employee’s employment under this Agreement for Cause (as defined below) ), Employee shall be entitled to no additional Base Salary or Severance Payment. In the event that Employer terminates Employee’s employment under this Agreement without Cause. (b) Except as otherwise provided herein, any termination of the Employment Period by the Company Employee shall be effective as specified entitled to a Severance Payment in a written notice from the Company to Executive. Executive acknowledges amount and under the payments and other benefits provided by the Company to Executive hereunder during the Employment Period and the Severance Period (as defined below), if applicable, and in consideration for such payments and benefits Executive agrees, among other things, to provide the Company with at least sixty (60) days’ prior written notice of Executive’s resignation for other than Good Reason. Executive acknowledges and agrees that there is no assurance that this Agreement shall be renewed or extended upon the expiration of the Employment Period, and neither Executive nor the Company has any obligation to renew or extend this Agreement or any right to require any such renewal or extension and, except as otherwise circumstances set forth in Section 6(eparagraphs 2(f)(2) and (3). For purposes of this Agreement, “Cause” shall be deemed to exist if (1) Employee commits fraud, theft, larceny, or any other crime (other than minor misdemeanors); (2) Employee fails or refuses to obey lawful instructions of the Board or of any committee thereof or commits any willful misconduct or disloyalty; (3) Employee is guilty of habitual insobriety, habitual inattention to his duties, functions, or responsibilities, or repeated negligence in the performance of his duties, functions, or responsibilities; or (4) Employee otherwise commits a failure to renew or extend material breach of this Agreement shall not entitle Executive or the Company to any additional considerationAgreement.

Appears in 1 contract

Samples: Employment Agreement (United States Lime & Minerals Inc)

Term; Termination of Employment. (a) The term of ExecutiveEmployee’s employment under this Agreement (the “Employment Period”) shall commence effective as of the Effective Date January 1, 2020, and shall terminate on the third anniversary thereof; provided that (i) the Employment Period shall automatically renew continue until December 31, 2024, and for successive one-year periods on thereafter (the third anniversary of the Effective Date and on the last day of each successive one-year period “Employment Term”), unless either party provides advance Employee or Employer gives at least one (1) year’s prior written notice of intent not to renew the other party no less than twelve (12) months prior to the commencement of a succeeding one-year periodEmployment Term, in which case Executive’s employment and event the Employment Period Term shall terminate on December 31 of the day immediately prior to year following the commencement giving of such successive onenotice of non-year periodrenewal, or Employee’s employment is terminated earlier by Employee or Employer as hereinafter provided. Immediately upon termination of Employee’s employment hereunder for any reason (other than death), Employee hereby agrees to resign as a Director and as a director, officer, employee, and agent of each of Employer’s subsidiaries. (iib) Employee may terminate his employment under this Agreement, at any time, by giving at least three (3) months’ prior written notice of such termination to Employer. In the Employment Period shall earlier terminate immediately upon Executive’s resignation (with or without Good Reason (as defined below)), Executive’s deathevent that Employee terminates his employment under this Agreement prior to, or termination of Executive’s employment by the Company due to Disability later than nine (9) months after, a Change in Control (as defined below), Employee shall be entitled to two (2) months’ additional Base Salary (as defined below) paid in a lump-sum, net of withholding for all applicable taxes and other amounts which may properly be withheld (“Additional Base Salary”); such Additional Base Salary shall, subject to the provisions of Section 4, be paid on the thirtieth (30th) day after the day of such termination. In the event that Employee terminates his employment under this Agreement within nine (9) months after a Change in Control, Employee shall be entitled to a Severance Payment (as defined below) in the amount set forth in paragraph 2(f)(3). (c) Employer may terminate Employee’s employment under this Agreement, at any time, for any reason or for no reason, immediately by giving written notice to Employee. In the event that Employer terminates Employee’s employment under this Agreement for Cause (as defined below) ), Employee shall be entitled to no Additional Base Salary or Severance Payment. In the event that Employer terminates Employee’s employment under this Agreement without Cause. (b) Except as otherwise provided herein, any termination of the Employment Period by the Company Employee shall be effective as specified entitled to a Severance Payment in a written notice from the Company to Executive. Executive acknowledges amount and under the payments and other benefits provided by the Company to Executive hereunder during the Employment Period and the Severance Period (as defined below), if applicable, and in consideration for such payments and benefits Executive agrees, among other things, to provide the Company with at least sixty (60) days’ prior written notice of Executive’s resignation for other than Good Reason. Executive acknowledges and agrees that there is no assurance that this Agreement shall be renewed or extended upon the expiration of the Employment Period, and neither Executive nor the Company has any obligation to renew or extend this Agreement or any right to require any such renewal or extension and, except as otherwise circumstances set forth in Section 6(eparagraphs 2(f)(2) and (3). For purposes of this Agreement, “Cause” shall be deemed to exist if (1) Employee commits fraud, theft, larceny, or any other crime (other than minor misdemeanors); (2) Employee fails or refuses to obey lawful instructions of the Board or of any committee thereof or commits any willful misconduct or disloyalty; (3) Employee is guilty of habitual insobriety, habitual inattention to his duties, functions, or responsibilities, or repeated negligence in the performance of his duties, functions, or responsibilities; or (4) Employee otherwise commits a failure to renew or extend material breach of this Agreement shall not entitle Executive or the Company to any additional considerationAgreement.

Appears in 1 contract

Samples: Employment Agreement (United States Lime & Minerals Inc)

Term; Termination of Employment. (a) The term of Executive’s Employee's employment under this Agreement (the “Employment Period”) shall commence as of the Effective Date May_____, 2003, and shall terminate on the third anniversary thereof; provided that (i) the Employment Period shall automatically renew continue until December 31, 2008, and for successive one-year periods on thereafter (the third anniversary "Employment Term"), unless either Employee or Employer gives at least one-year's prior written notice of intent not to renew the Effective Date Employment Term, or Employee's employment is terminated earlier by Employee or Employer as hereinafter provided. Immediately upon termination of Employee's employment hereunder for any reason (other than death), Employee hereby agrees to resign as a Director and on the last day as a director, officer, employee and agent of each successive one-year period unless either party provides advance of Employer's subsidiaries. (b) Employee may terminate his employment under this Agreement, at any time, by giving at least three (3) months' prior written notice of such termination to Employer. In the other party no less event that Employee terminates his employment under this Agreement, on or after January 1, 2004, prior to or later than twelve nine (129) months prior to the commencement of after a succeeding one-year period, Change in which case Executive’s employment and the Employment Period shall terminate on the day immediately prior to the commencement of such successive one-year period, and (ii) the Employment Period shall earlier terminate immediately upon Executive’s resignation (with or without Good Reason (as defined below)), Executive’s death, or termination of Executive’s employment by the Company due to Disability Control (as defined below), Employee shall be entitled to two (2) months' Base Salary (as defined below) at the end of the [three (3) months'] notice period. In the event that Employee terminates his employment under this Agreement within nine (9) months after a Change in Control, Employee shall be entitled to Severance Payments in the amount and under the circumstances set forth in subsection 2(f) below. (c) Employer may terminate Employee's employment under this Agreement, at any time, for any reason or for no reason, immediately by giving written notice to Employee. In the event that Employer terminates Employee's employment under this Agreement for Cause (as defined below) or ), Employee shall be entitled to no Severance Payments. In the event that Employer terminates Employee's employment under this Agreement without Cause. (b) Except as otherwise provided herein, any termination of the Employment Period by the Company Employee shall be effective as specified entitled to Severance Payments in a written notice from the Company to Executive. Executive acknowledges amount and under the payments and other benefits provided by the Company to Executive hereunder during the Employment Period and the Severance Period (as defined below), if applicable, and in consideration for such payments and benefits Executive agrees, among other things, to provide the Company with at least sixty (60) days’ prior written notice of Executive’s resignation for other than Good Reason. Executive acknowledges and agrees that there is no assurance that this Agreement shall be renewed or extended upon the expiration of the Employment Period, and neither Executive nor the Company has any obligation to renew or extend this Agreement or any right to require any such renewal or extension and, except as otherwise circumstances set forth in Section 6(esubsection 2(f). For purposes of this Agreement, a failure "Cause" shall be deemed to renew exist if (1) Employee commits fraud, theft, larceny, or extend this Agreement shall not entitle Executive any other crime (other than minor misdemeanors); (2) Employee fails or refuses to obey lawful instructions of the Company to Board or of any additional consideration.committee thereof or commits any willful misconduct or disloyalty;

Appears in 1 contract

Samples: Employment Agreement (United States Lime & Minerals Inc)

Term; Termination of Employment. (a) The term of ExecutiveEmployee’s employment under this Agreement (the “Employment Period”) shall commence effective as of the Effective Date January 1, 2015, and shall terminate on the third anniversary thereof; provided that (i) the Employment Period shall automatically renew continue until December 31, 2019, and for successive one-year periods on thereafter (the third anniversary of the Effective Date and on the last day of each successive “Employment Term”), unless either Employee or Employer gives at least one-year period unless either party provides advance year’s prior written notice of intent not to renew the other party no less than twelve (12) months prior to the commencement of a succeeding one-year periodEmployment Term, in which case Executive’s employment and event the Employment Period Term shall terminate on December 31 of the day immediately prior to year following the commencement giving of such successive onenotice of non-year periodrenewal, or Employee’s employment is terminated earlier by Employee or Employer as hereinafter provided. Immediately upon termination of Employee’s employment hereunder for any reason (other than death), Employee hereby agrees to resign as a Director and as a director, officer, employee, and agent of each of Employer’s subsidiaries. (iib) Employee may terminate his employment under this Agreement, at any time, by giving at least three (3) months’ prior written notice of such termination to Employer. In the Employment Period shall earlier terminate immediately upon Executive’s resignation (with or without Good Reason (as defined below)), Executive’s deathevent that Employee terminates his employment under this Agreement prior to, or termination of Executive’s employment by the Company due to Disability later than nine (9) months after, a Change in Control (as defined below), Employee shall be entitled to two (2) months’ additional Base Salary (as defined below) paid in a lump-sum, net of withholding for all applicable taxes and other amounts which may properly be withheld, at the end of the three (3) months’ notice period (“Additional Base Salary”); such Additional Base Salary shall, subject to the provisions of Section 4, be paid on the thirtieth (30th) day after the day of such termination. In the event that Employee terminates his employment under this Agreement within nine (9) months after a Change in Control, Employee shall be entitled to a Severance Payment (as defined below) in the amount set forth in paragraph 2(f)(3). (c) Employer may terminate Employee’s employment under this Agreement, at any time, for any reason or for no reason, immediately by giving written notice to Employee. In the event that Employer terminates Employee’s employment under this Agreement for Cause (as defined below) ), Employee shall be entitled to no Additional Base Salary or Severance Payment. In the event that Employer terminates Employee’s employment under this Agreement without Cause. (b) Except as otherwise provided herein, any termination of the Employment Period by the Company Employee shall be effective as specified entitled to a Severance Payment in a written notice from the Company to Executive. Executive acknowledges amount and under the payments and other benefits provided by the Company to Executive hereunder during the Employment Period and the Severance Period (as defined below), if applicable, and in consideration for such payments and benefits Executive agrees, among other things, to provide the Company with at least sixty (60) days’ prior written notice of Executive’s resignation for other than Good Reason. Executive acknowledges and agrees that there is no assurance that this Agreement shall be renewed or extended upon the expiration of the Employment Period, and neither Executive nor the Company has any obligation to renew or extend this Agreement or any right to require any such renewal or extension and, except as otherwise circumstances set forth in Section 6(eparagraphs 2(f)(2) and (3). For purposes of this Agreement, “Cause” shall be deemed to exist if (1) Employee commits fraud, theft, larceny, or any other crime (other than minor misdemeanors); (2) Employee fails or refuses to obey lawful instructions of the Board or of any committee thereof or commits any willful misconduct or disloyalty; (3) Employee is guilty of habitual insobriety, habitual inattention to his duties, functions, or responsibilities, or repeated negligence in the performance of his duties, functions, or responsibilities; or (4) Employee otherwise commits a failure to renew or extend material breach of this Agreement shall not entitle Executive or the Company to any additional considerationAgreement.

Appears in 1 contract

Samples: Employment Agreement (United States Lime & Minerals Inc)

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Term; Termination of Employment. (a) The term of Executive’s Employee's employment under this Agreement (the “Employment Period”) shall commence as of the Effective Date December 8, 2000, and shall terminate on the third anniversary thereof; provided that (i) the Employment Period shall automatically renew continue until December 31, 2003, and for successive one-year periods on thereafter (the third anniversary "Employment Term"), unless either Employee or Employer gives at least one-year's prior written notice of intent not to renew the Effective Date Employment Term, or Employee's employment is terminated earlier by Employee or Employer as hereinafter provided. Immediately upon termination of Employee's employment hereunder for any reason (other than death), Employee hereby agrees to resign as a Director and on the last day as a director, officer, employee and agent of each successive one-year period unless either party provides advance written notice to the other party no less than twelve of Employer's subsidiaries. (12b) Employee may terminate his employment under this Agreement at any time, by giving at least three (3) months prior written notice of such termination to Employer. In the commencement of a succeeding one-year period, in which case Executive’s event that Employee terminates his employment and the Employment Period shall terminate on the day immediately under this Agreement prior to the commencement of such successive one-year period, and or later than nine (ii9) the Employment Period shall earlier terminate immediately upon Executive’s resignation (with or without Good Reason (as defined below)), Executive’s death, or termination of Executive’s employment by the Company due to Disability months after a Change in Control (as defined below), Employee shall be entitled to no Severance Payments (as defined below). In the event that Employee terminates his employment under this Agreement within nine (9) months after a Change in Control, Employee shall be entitled to Severance Payments in the amount and under the circumstances set forth in subsection 2(f) below. (c) Employer may terminate Employee's employment under this Agreement at any time, for any reason or for no reason, immediately by giving written notice to Employee. In the event that Employer terminates Employee's employment under this Agreement for Cause (as defined below) or ), Employee shall be entitled to no Severance Payments. In the event that Employer terminates Employee's employment under this Agreement without Cause. (b) Except as otherwise provided herein, any termination of the Employment Period by the Company Employee shall be effective as specified entitled to Severance Payments in a written notice from the Company to Executive. Executive acknowledges amount and under the payments and other benefits provided by the Company to Executive hereunder during the Employment Period and the Severance Period (as defined below), if applicable, and in consideration for such payments and benefits Executive agrees, among other things, to provide the Company with at least sixty (60) days’ prior written notice of Executive’s resignation for other than Good Reason. Executive acknowledges and agrees that there is no assurance that this Agreement shall be renewed or extended upon the expiration of the Employment Period, and neither Executive nor the Company has any obligation to renew or extend this Agreement or any right to require any such renewal or extension and, except as otherwise circumstances set forth in Section 6(esubsection 2(f). For purposes of this Agreement, a failure "Cause" shall be deemed to renew exist if (1) Employee commits fraud, theft, larceny, or extend this Agreement shall not entitle Executive any other crime (other than minor misdemeanors); (2) Employee fails or refuses to obey lawful instructions of the Company to Board or of any additional consideration.committee thereof or commits any willful misconduct or disloyalty;

Appears in 1 contract

Samples: Employment Agreement (United States Lime & Minerals Inc)

Term; Termination of Employment. (a) The term of ExecutiveEmployee’s employment under this Agreement (the “Employment Period”) shall commence as of the Effective Date continue until December 31, 2028, and shall terminate on the third anniversary thereof; provided that (i) the Employment Period shall automatically renew for successive one-year periods on thereafter (the third anniversary of the Effective Date and on the last day of each successive one-year period “Employment Term”), unless either party provides advance Employee or Employer gives at least one (1) year’s prior written notice of intent not to renew the other party no less than twelve (12) months prior to the commencement of a succeeding one-year periodEmployment Term, in which case Executive’s employment and event the Employment Period Term shall terminate on December 31 of the day immediately prior to year following the commencement giving of such successive onenotice of non-year periodrenewal, or Employee’s employment is terminated earlier by Employee or Employer as hereinafter provided. Immediately upon termination of Employee’s employment hereunder for any reason (other than death), Employee hereby agrees to resign as a Director and as a director, officer, employee, and agent of each of Employer’s subsidiaries. ​ ​ ​ ​ (iib) Employee may terminate his employment under this Agreement, at any time, by giving at least three (3) months’ prior written notice of such termination to Employer. In the Employment Period shall earlier terminate immediately upon Executive’s resignation (with or without Good Reason (as defined below)), Executive’s deathevent that Employee terminates his employment under this Agreement prior to, or termination of Executive’s employment by the Company due to Disability later than six (6) months after, a Change in Control (as defined below), Employee shall be entitled to two (2) months’ additional Base Salary (as defined below) paid in a lump-sum, net of withholding for all applicable taxes and other amounts which may properly be withheld (“Additional Base Salary”); such Additional Base Salary shall, subject to the provisions of Section 4, be paid on the thirtieth (30th) day after the day of such termination. In the event that Employee terminates his employment under this Agreement within six (6) months after a Change in Control, Employee shall be entitled to a Severance Payment (as defined below) in the amount set forth in paragraph 2(f)(3). ​ (c) Employer may terminate Employee’s employment under this Agreement, at any time, for any reason or for no reason, immediately by giving written notice to Employee. In the event that Employer terminates Employee’s employment under this Agreement for Cause (as defined below) ), Employee shall be entitled to no Additional Base Salary or Severance Payment. In the event that Employer terminates Employee’s employment under this Agreement without Cause. (b) Except as otherwise provided herein, any termination of the Employment Period by the Company Employee shall be effective as specified entitled to a Severance Payment in a written notice from the Company to Executive. Executive acknowledges amount and under the payments and other benefits provided by the Company to Executive hereunder during the Employment Period and the Severance Period (as defined below), if applicable, and in consideration for such payments and benefits Executive agrees, among other things, to provide the Company with at least sixty (60) days’ prior written notice of Executive’s resignation for other than Good Reason. Executive acknowledges and agrees that there is no assurance that this Agreement shall be renewed or extended upon the expiration of the Employment Period, and neither Executive nor the Company has any obligation to renew or extend this Agreement or any right to require any such renewal or extension and, except as otherwise circumstances set forth in Section 6(eparagraphs 2(f)(2) and (3). For purposes of this Agreement, “Cause” shall be deemed to exist if (1) Employee commits fraud, theft, larceny, or any other crime (other than minor misdemeanors); (2) Employee fails or refuses to obey lawful instructions of the Board or of any committee thereof or commits any willful misconduct or disloyalty; (3) Employee is guilty of habitual insobriety, habitual inattention to his duties, functions, or responsibilities, or repeated negligence in the performance of his duties, functions, or responsibilities; or (4) Employee otherwise commits a failure to renew or extend material breach of this Agreement shall not entitle Executive or the Company to any additional consideration.Agreement. ​

Appears in 1 contract

Samples: Employment Agreement (United States Lime & Minerals Inc)

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