Termination by Coach a. Coach recognizes that his promise to work for University for the entire Term of this Agreement is of essence to this Agreement. Coach also recognizes that University is making a highly valuable investment in his continued employment by entering into this Agreement and that its investment would be lost were he to resign or otherwise terminate his employment with University prior to the expiration of the Term of this Agreement. In recognition of these facts, the parties agree that Coach’s decision to terminate this Agreement prior to its expiration will be subjected to the following terms and conditions.
b. If Coach wishes to pursue other employment opportunities, Coach is required to provide head men’s basketball coach with written or verbal notice prior to meeting with representatives from another entity to discuss such employment opportunities. If Coach terminates this Agreement during its Term he must notify head men’s basketball coach in writing. While Coach is assigned to the position of assistant men’s basketball coach, such termination by Coach must occur at a time other than during the period of intercollegiate men’s basketball competition (“Period of Competition” and understood annually as October 1 through the Oregon men’s basketball team’s final game), including any and all post‐season play in which the Oregon men’s basketball team is competing), unless both parties mutually agree otherwise. However, so long as the termination occurs other than during the Period of Competition, nothing limits Coach’s ability to provide notice at any time. If Coach gives notice of termination during or prior to the completion the Period of Competition, University may require Coach to continue his coaching and other responsibilities, or University may reassign Coach until the completion of all play. Simultaneously with such notice of termination, Coach shall inform University in writing of his employment plans following the termination of his employment with University. Coach shall be deemed to have resigned his employment and terminated this agreement, as provided for in section 6.3, if Coach does not perform his duties for more than 30 days and such absence is unexcused, meaning that he did not obtain consent from University prior to taking leave and the absence is not attributable to a medical emergency or other situation that prevented the Coach from informing University of his absence. University will determine whether a situation is one that prevents the C...
Termination by Coach. (a) This Agreement may be terminated by Coach by giving University written notice of the termination of Coach’s employment with University. In the event such termination occurs prior to the comple tion of the then-current season, including any Big Ten Championsh ip, Bowl, College Football Playoff, or College Football Championship games, Coach may be required to pay to the University, at University’s sole discretion, in lieu of any and all other legal remedies, damages of any type or equitable relief available to the University, and without regard to actions by the University to mitigate its damages, liquida xxx damages in an amount of Fifty Thousand Dollars ($50,000). Such liquidated damages shall be due and payable within one hundred twenty (120) days after such termination.
(b) The parties have bargained for and agreed to the foregoing liquida xxx damages provision, giving consideration to the fact that University will incur administrative , recruiting, and resettlement costs in obtaining a replacement for Coach in addition to potentially increased compensation costs if Coach terminates this Agreement, whic h damages are extremely difficult to determine fairly or with certainty. The parties further agree that the payment of such liquidated damages by Coach and acceptance thereof by University shall constitute adequate and reasonable compensation to University for the damages and injury suffered by University because of such termination by Coach. The parties acknowledge that the foregoing is not, nor should it be construed to be, a penalty, and shall be binding upon the parties.
(c) In either event, Coach may be entitled to continue Coach’s health insurance plan at Coach’s own expense through a private source or COBRA as permitted under applicable law. As permitted by Wisconsin law, Coach may secure a conversion policy for Coach’s UW group term life insurance. Any other employee benefits that Coach was receiving at the time of termination will be terminated, including contributions to University retirement plans. In no case shall University be liable for the loss of any collateral business opportunities or any other benefits, perquisites, or income from any sources that may ensue as a result of University's termination of this Agreement without cause
Termination by Coach a. Coach recognizes that his promise to work for the University for the entire Term of this Agreement is of essence to this Agreement. Coach also recognizes that the University is making a highly valuable investment in his continued employment by entering into this Agreement and that its investment would be lost were he to resign or otherwise terminate his employment with the University prior to the expiration of the Term of this Agreement. In recognition of these facts, the parties agree that Coach’s decision to terminate this Agreement prior to its expiration will be subjected to the following terms and conditions.
b. If Coach wishes to pursue other employment opportunities, Coach is required to provide head football coach with written or verbal notice prior to meeting with representatives from another entity to discuss such employment opportunities. If Coach terminates this Agreement during its Term he must notify head football coach in writing. While Coach is assigned to the position of assistant football coach/defensive coordinator, such termination by Coach must occur at a time other than during the football regular season, unless both parties mutually agree otherwise. However, so long as the termination occurs other than during the football regular season, nothing limits Coach’s ability to provide notice at any time. If Coach gives notice prior to the completion of regular season play, University may require Coach to continue his coaching and other responsibilities, or University may reassign Coach until the completion of all play. Simultaneously with such notice, Coach shall inform University in writing of his employment plans following the termination of his employment with University. Coach shall be deemed to have resigned his employment and terminated this agreement, as provided for in section 6.3, if Coach does not perform his duties for more than 30 days and such absence is unexcused, meaning that he did not obtain consent from the university prior to taking leave and the absence is not attributable to a medical emergency or other situation that prevented the Coach from informing the university of his absence. The University will determine whether a situation is one that prevents the Coach from informing it of his absence. If Coach resigns under Section 6.3, the University shall have no further financial obligation to Coach beyond the effective date of Coach’s resignation.
c. Termination by Coach shall require Coach to pay, or cause to be paid...
Termination by Coach a. Coach recognizes that her promise to work for the University for the entire Term of this Agreement is of essence to this Agreement. Coach also recognizes that the University is making a highly valuable investment in her continued employment by entering into this Agreement and that its investment would be lost were she to resign or otherwise terminate her employment with the University prior to the expiration of the Term of this Agreement. In recognition of these facts, the parties agree that Coach’s decision to terminate this Agreement prior to its expiration will be subjected to the following terms and conditions.
b. If Coach wishes to pursue other employment opportunities, Coach is required to provide deputy athletic director with written or verbal notice prior to meeting with representatives from another entity to discuss such employment opportunities. If Coach terminates this Agreement during its Term she must notify deputy athletic director in writing. While Coach is assigned to the position of head women’s tennis coach, such termination by Coach must occur at a time other than during the women’s tennis competition (including post-season play in which the Oregon women’s tennis team is competing), unless both parties mutually agree otherwise. However, so long as the termination occurs other than during the women’s tennis season, nothing limits Coach’s ability to provide notice at any time. If Coach gives notice prior to the completion of regular and, if relevant, post-season play, University may require Coach to continue her coaching and other responsibilities, or University may reassign Coach until the completion of all play. Simultaneously with such notice, Coach shall inform University in writing of her employment plans following the termination of her employment with University. Coach shall be deemed to have resigned her employment and terminated this agreement, as provided for in section 6.3, if Coach does not perform her duties for more than 30 days and such absence is unexcused, meaning that she did not obtain consent from the university prior to taking leave and the absence is not attributable to a medical emergency or other situation that prevented the Coach from informing the university of her absence. The University will determine whether a situation is one that prevents the Coach from informing it of her absence. If Coach resigns under Section 6.3, the University shall have no further financial obligation to Coach beyond the effective da...
Termination by Coach. Coach recognizes that his promise to work for Ohio State for the entire term of this Agreement is an essential consideration in Ohio State’s decision to enter into this Agreement and employ him as Head Coach. This Agreement would be diminished were he to resign or otherwise terminate his employment as Head Coach prior to the expiration of this Agreement, particularly if he were to terminate his employment to be employed in another coaching position. Accordingly, Coach understands and agrees that he may, nevertheless, resign or otherwise terminate his employment under this Agreement prior to the expiration of this Agreement, but only upon the following terms and conditions:
(a) Coach shall provide Ohio State with written notice of Coach’s termination of this Agreement; and
(b) Coach shall not be entitled to receive any further unearned compensation or benefits under this Agreement (Coach is not deemed to have earned bonuses and supplemental compensation which Coach must repay to Ohio State in accordance with Section 5.7 hereof); and
(c) If Coach terminates his employment with Ohio State at any time before June 10, 2021, Coach shall pay to Ohio State as liquidated damages, and not as a penalty, an amount equal in the aggregate to the Base Salary (as described in Section 3.1 (a), the Media Payment (as described in Section 3.2), the Equipment Payment (as described in Section 3.4) and the Beverage Sponsor Payment (as described in Section 3.5) for the period beginning on the date of termination through the remainder of this Agreement. If Coach terminates his employment with Ohio State on June 10, 2021 or thereafter, Coach shall pay to Ohio State as liquidated damages, and not as a penalty, an amount equal to the total amount of severance that Ohio State would be obligated to pay to the three (3) assistant men’s basketball coaches’ at the time of Coach’s termination pursuant to the terms of each of the three assistant men’s basketball coaches’ employment agreements. Coach shall pay all such amounts to Ohio State in a lump sum payment within thirty (30) days after the date of Coach’s termination; and
(d) Coach shall not for a period of one (1) year after such termination by Coach contact or otherwise seek to recruit any high school athlete previously contacted or recruited by Ohio State, unless such athlete had been recruited or contacted by any new institution employing Coach prior to the notice of termination by Coach to Ohio State;
Termination by Coach. You agree that you shall not negotiate for or enter into any other sports or athletics related employment prior to the expiration of your Employment Contract with University. Should you nevertheless leave your employment position at the University and accept any other sports or athletics related employment prior to the termination of your Employment Contract with the University, it shall be deemed a breach of your Employment Agreement, resulting in immediate termination of the Employment Agreement, and the University shall be under no further financial or other obligation whatsoever to you, except for such obligations which have accrued, vested, or been earned pursuant to this Employment Agreement prior to the date of such termination. You further agree not to seek or apply for other employment without prior notice to the Vice President and Athletics Director and must immediately notify the Vice President and Athletics Director in the event you are directly or indirectly through an agent contacted by a prospective employer. In the event you terminate your employment position prior to the expiration of your contract term to accept other sports or athletics related employment, you or your designee shall pay University liquidated damages in an amount equal to the lesser of five million dollars ($5,000,000.00), or the remaining balance of total compensation due you during the otherwise unexpired Term within sixty (60) days of such termination. Such payment shall satisfy any and all claims the University may have against you as a result of such deemed breach of your Employment Agreement.
Termination by Coach. Coach’s employment may be terminated by Coach by giving University written notice of the termination of her employment with University or by accepting another coaching position at any time during the remaining term of this Agreement, including any effective extensions thereof. Should such termination occur, Coach may be required to pay to the University, at University’s sole discretion, in lieu of any and all other legal remedies, damages of any type or equitable relief available to the University, and without regard to actions by the University to mitigate its damages, liquidated damages in an amount equal to the compensation Coach would have been entitled to receive under this Agreement and under the Additional Compensation Agreement with the University of Wisconsin Foundation, prior to any tax withholding, for the period from the effective date of the termination to the end of the term, not including any currently effective extension thereof, or Five Hundred Thousand Dollars ($500,000), whichever amount is greater. Should the parties agree to extend the term of this Agreement pursuant to Section III. B., and should Coach terminate the Agreement during such extended term, University’s liquidated damages shall be Five Hundred Thousand Dollars ($500,000). However, this provision for liquidated damages by Coach shall not apply when said termination by Coach is for a bona fide retirement, or for extended coaching sabbatical by Coach caused by family emergency or personal hardship, that does not involve any further activities by Coach as a basketball coach with any club, collegiate, university or professional program for a period of two years after the effective date of the termination. Such liquidated damages shall be due and payable within one hundred eighty (180) days after notice of termination of employment or after acceptance of employment in a club, collegiate, university or professional program, whichever occurs first. Coach will be entitled to continue her health insurance plan at her own expense through a private source or COBRA. As permitted by Wisconsin law, Coach may secure a conversion policy for her UW group term life insurance. Any other employee benefits that Coach was receiving at the time of termination will be terminated, including contributions to University retirement plans. In no case shall Coach be liable to University for the loss of any collateral business opportunities or any other benefits, perquisites, or income from any sources t...
Termination by Coach. (i) Coach recognizes that his promise to work as head coach of the Team for the entire Term is of the essence of this Agreement to the Employer. Coach also recognizes that the Employer is making a highly valuable investment in his continued employment by entering into this Agreement and that its investment would be lost were he to resign or otherwise terminate his employment with the Employer prior to the Expiration Date. The parties agree that Coach may, nevertheless, terminate his employment under this Agreement prior to the Expiration Date, subject to the terms of this Section 17(e), by giving the Employer not less than seventy-two
Termination by Coach. Paragraph 12.03(c) of the Employment Agreement is hereby amended to include the following provision regarding Coach’s waiver and forfeiture of any and all rights to the Retirement Plan in the event Coach terminates the Employment Agreement: Further, if Coach terminates this Employment Agreement prior to its expiration date, irrespective of whether Coach accepts another coaching position, Coach shall waive and forfeit any and all rights to the Plan created pursuant to Paragraph
Termination by Coach. Paragraph 12.03(a) of the Employment Agreement is hereby amended and replaced, in its entirety, as follows: Coach shall have the right to terminate this Employment Agreement, including any extensions hereto, prior to its expiration date, upon fifteen
