Termination by Coach Clause Samples

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. (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 ▇▇▇ 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 ▇▇▇ 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 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 and women’s track and field 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 and women’s track and field coach in writing. While Coach is assigned to the position of assistant men’s and women’s track and field coach, such termination by Coach must occur at a time other than during the period of intercollegiate men’s and women’s track and field competition (“Period of Competition” and understood annually as October 1 through the Oregon men’s and women’s track and field team’s final competition), including any and all post‐season play in which the Oregon men’s and women’s track and field 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 ...

Termination by Coach. (i) Coach recognizes that promise to work as Head Coach of the Team for the entire Term is of the essence of this Agreement to the University. Coach also recognizes that the University is making a highly valuable investment in Coach s continued employment by entering into this Agreement and that its investment would be lost were Coach to resign or otherwise terminate employment with the University prior to the Expiration Date. The parties agree that Coach may, nevertheless, terminate employment under this Agreement prior to the Expiration Date, subject to the terms of this Section 14(e), by giving the University not less than 14 days advance written notice. Coach agrees that under no circumstance will Coach or Coach s spouse, partner, agents, representatives or advisors reveal Coach s termination of this Agreement pursuant to this Section 14(e) to anyone other than Coach s spouse, partner, agents, representatives or advisors for a period of five days following notification to the University. (ii) In the event that Coach elects to terminate this Agreement prior to the Expiration Date to accept another gymnastics coaching position, Coach shall, unless such obligation is expressly waived by the University in a writing that refers to this Section 14(e), pay the University on demand, as liquidated damages due the University and not as a penalty, an amount equal to Twenty Percent (20%) of the Base Salary payable for the then remaining Term. Coach and the University acknowledge that the University will clearly be damaged if Coach terminates this Agreement prematurely and that it is difficult to calculate with reasonable certainty the amount of prospective damages. They further acknowledge that the amount and payment of liquidated damages provided above are reasonable in light of the anticipated and actual harm that will be caused the University in the event this Agreement is terminated prematurely by Coach pursuant to this Section 14(e).

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 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 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, such termination by Coach must occur at a time other than during the football competition (including post-season play in which the Oregon football team is competing), unless both parties mutually agree otherwise. However, so long as the termination occurs other than during the football 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 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 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 Coach from informing it of his absence. If Coach resigns under Section 6.3, University shall have no further financial obligation to Coach beyond the effective date of Coach’s resignation. c. Termination by Coach shall req...

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. (a) Coach recognizes that his promise to work for KSA for the entire term of this five-year Agreement is the essence of this Agreement. Coach also recognizes that KSA is making a highly valuable investment in his continued employment by entering into this Agreement and that their investment would be lost if Coach resigns or otherwise terminates his employment prior to the expiration of this Agreement. The parties agree that Coach may nevertheless terminate his employment under this Agreement prior to its normal expiration on December 31, 2024, by giving the Athletic Director advance confidential written notice of the resignation of his employment and by paying to KSA one of the following amounts: (1) the sum of Three Million Dollars ($3,000,000.00) if Coach terminates this Agreement prior to January 1, 2021; (2) the sum of Two Million Dollars ($2,000,000.00) if Coach terminates this Agreement prior to January 1, 2022; (3) the sum of One Million Five Hundred Thousand Dollars ($1,500,000.00) if Coach terminates this Agreement prior to January 1, 2023; or (4) the sum of One Million Dollars ($1,000,000.00) if Coach terminates this Agreement prior to December 31, 2023. The sum due above shall be paid in twelve (12) equal monthly installments beginning 30 days from written notice of resignation. The parties agree that these amounts are not a penalty, but represent a reasonable estimation of the damages that would be incurred by KSA if Coach terminates prior to the expiration of this Agreement. The parties further agree that the amount, nature, and extent of such damages are difficult to determine and may include, but not be limited to, additional expenses to search for and employ another Head Football Coach, salary or other compensation to hire such coach, and tangible and intangible detriment to the football program of the University and the support of its fans and donors. Upon final payment, KSA will release any legal claim it may have against Coach or his subsequent employer regarding this Agreement. (b) If Coach terminates his employment under this Agreement prior to its expiration in accordance with this provision, his compensation and benefits, to the extent not already accrued or vested, shall cease immediately, unless Coach continues to render coaching services described in this Agreement at the sole option of the Athletic Director. (c) This Agreement will terminate automatically upon the death of Coach, or if Coach is unable to perform any of the duties...

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