Common use of Termination by Alamosa for Cause Clause in Contracts

Termination by Alamosa for Cause. In the event that Alamosa terminates Employee's employment for Cause, he shall be entitled only to the compensation and benefits specified in Section 9(a). Notwithstanding the foregoing, termination for Cause may not occur pursuant to clauses (ii) or (iii) of Section 1(g) above unless and until, with the Board's prior approval, Alamosa has delivered to Employee Notice of Termination, which shall contain in reasonable detail the facts purporting to constitute such nonperformance, act, omission or breach, and afforded him 30 days thereafter to cure the same (if curable) and/or to respond in writing to the Board setting forth his position that his termination for Cause should not occur and requesting reconsideration by the Board, in which event (x) the effective date of termination of employment shall be deferred until the Board has had the opportunity to consider whether such nonperformance, act, omission or breach has been cured and to consider any request by Employee for reconsideration, and (y) the Board shall thereafter cause a written notice to be delivered on its behalf to Employee stating either that it has rescinded its determination that his employment is to be terminated for Cause or that affirms its determination that his employment is to be terminated for Cause and that contains an effective date of termination of employment, which shall be not earlier than 15 days after such notice is given. Section 1(n)(i) to the contrary notwithstanding, upon delivery to Employee of Notice of Termination under this Section 9(c), Employee shall be suspended from all duties and responsibilities unless and until the Board rescinds its determination that his employment is to be terminated for Cause.

Appears in 4 contracts

Samples: Employment Agreement (Alamosa Holdings Inc), Employment Agreement (Alamosa Holdings Inc), Employment Agreement (Alamosa Holdings Inc)

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Termination by Alamosa for Cause. In the event that Alamosa terminates Employee's employment for Cause, he shall be entitled only to the compensation and benefits specified in Section 9(a). Notwithstanding the foregoing, termination for Cause may not occur pursuant to clauses (ii) or (iii) of Section 1(g) above unless and until, with the Board's prior approval, Alamosa has delivered to Employee Notice of Termination, which shall contain in reasonable detail the facts purporting to constitute such nonperformance, act, omission or breach, and afforded him 30 days thereafter to cure the same (if curable) and/or to respond in writing to the Board setting forth his position that his termination for Cause should not occur and requesting reconsideration by the Board, in which event (x) the effective date of termination of employment shall be deferred until the Board has had the opportunity to consider whether such nonperformance, act, omission or breach has been cured and to consider any request by Employee for reconsideration, and (y) the Board shall thereafter cause a written notice to be delivered on its behalf to Employee stating either that it has rescinded its determination that his employment is to be terminated for Cause or that affirms its determination that his employment is to be terminated for Cause and that contains an effective date of termination of employment, which shall be not earlier than 15 days after such notice is given. Section 1(n)(i1(o)(i) to the contrary notwithstanding, upon delivery to Employee of Notice of Termination under this Section 9(c), Employee shall be suspended from all duties and responsibilities unless and until the Board rescinds its determination that his employment is to be terminated for Cause.

Appears in 4 contracts

Samples: Employment Agreement (Alamosa Holdings Inc), Employment Agreement (Alamosa Holdings Inc), Employment Agreement (Alamosa Holdings Inc)

Termination by Alamosa for Cause. In the event that Alamosa terminates Employee's employment for Cause, he shall be entitled only to the compensation and benefits specified in Section 9(a). Notwithstanding the foregoing, termination for Cause may not occur pursuant to clauses (ii) or (iii) of Section 1(g1(f) above unless and until, with the Board's prior approval, Alamosa has delivered to Employee Notice of Termination, which shall contain in reasonable detail the facts purporting to constitute such nonperformance, act, omission or breach, and afforded him 30 days thereafter to cure the same (if curable) and/or to respond in writing to the Board setting forth his position that his termination for Cause should not occur and requesting reconsideration by the Board, in which event (x) the effective date of termination of employment shall be deferred until the Board has had the opportunity to consider whether such nonperformance, act, omission or breach has been cured and to consider any request by Employee for reconsideration, and (y) the Board shall thereafter cause a written notice to be delivered on its behalf to Employee stating either that it has rescinded its determination that his employment is to be terminated for Cause or that affirms its determination that his employment is to be terminated for Cause and that contains an effective date of termination of employment, which shall be not earlier than 15 days after such notice is given. Section 1(n)(i) to the contrary notwithstanding, upon delivery to Employee of Notice of Termination under this Section 9(c), Employee shall be suspended from all duties and responsibilities unless and until the Board rescinds its determination that his employment is to be terminated for Cause.

Appears in 2 contracts

Samples: Employment Agreement (Alamosa Holdings Inc), Employment Agreement (Alamosa Holdings Inc)

Termination by Alamosa for Cause. In the event that Alamosa terminates Employee's employment for Cause, he she shall be entitled only to the compensation and benefits specified in Section 9(a). Notwithstanding the foregoing, termination for Cause may not occur pursuant to clauses (ii) or (iii) of Section 1(g) above unless and until, with the Board's prior approval, Alamosa has delivered to Employee Notice of Termination, which shall contain in reasonable detail the facts purporting to constitute such nonperformance, act, omission or breach, and afforded him her 30 days thereafter to cure the same (if curable) and/or to respond in writing to the Board setting forth his her position that his her termination for Cause should not occur and requesting reconsideration by the Board, in which event (x) the effective date of termination of employment shall be deferred until the Board has had the opportunity to consider whether such nonperformance, act, omission or breach has been cured and to consider any request by Employee for reconsideration, and (y) the Board shall thereafter cause a written notice to be delivered on its behalf to Employee stating either that it has rescinded its determination that his her employment is to be terminated for Cause or that affirms its determination that his her employment is to be terminated for Cause and that contains an effective date of termination of employment, which shall be not earlier than 15 days after such notice is given. Section 1(n)(i) to the contrary notwithstanding, upon delivery to Employee of Notice of Termination under this Section 9(c), Employee shall be suspended from all duties and responsibilities unless and until the Board rescinds its determination that his her employment is to be terminated for Cause.

Appears in 1 contract

Samples: Employment Agreement (Alamosa Holdings Inc)

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Termination by Alamosa for Cause. In the event that Alamosa terminates Employee's employment for Cause, he she shall be entitled only to the compensation and benefits specified in Section 9(a). Notwithstanding the foregoing, termination for Cause may not occur pursuant to clauses (ii) or (iii) of Section 1(g) above unless and until, with the Board's prior approval, Alamosa has delivered to Employee Notice of Termination, which shall contain in reasonable detail the facts purporting to constitute such nonperformance, act, omission or breach, and afforded him her 30 days thereafter to cure the same (if curable) and/or to respond in writing to the Board setting forth his her position that his her termination for Cause should not occur and requesting reconsideration by the Board, in which event (x) the effective date of termination of employment shall be deferred until the Board has had the opportunity to consider whether such nonperformance, act, omission or breach has been cured and to consider any request by Employee for reconsideration, and (y) the Board shall thereafter cause a written notice to be delivered on its behalf to Employee stating either that it has rescinded its determination that his her employment is to be terminated for Cause or that affirms its determination that his her employment is to be terminated for Cause and that contains an effective date of termination of employment, which shall be not earlier than 15 days after such notice is given. Section 1(n)(i1(o)(i) to the contrary notwithstanding, upon delivery to Employee of Notice of Termination under this Section 9(c), Employee shall be suspended from all duties and responsibilities unless and until the Board rescinds its determination that his her employment is to be terminated for Cause.

Appears in 1 contract

Samples: Employment Agreement (Alamosa Holdings Inc)

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