Common use of Termination by Coach for Convenience Clause in Contracts

Termination by Coach for Convenience. 5.3.1 The Coach recognizes that his promise to work for University (College) for the entire term of this Agreement is of the essence of this Agreement. The Coach also recognizes that the University (College) is making a highly valuable investment in his 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 (College) before the end of the contract term. 5.3.2 The Coach, for his own convenience, may terminate this Agreement during its term by giving prior written notice to the University (College). Termination shall be effective ten (10) days after notice is given to the University (College). 5.3.3 If the Coach terminates this Agreement for convenience at any time, all obligations of the University (College) shall cease as of the effective date of the termination. If the Coach terminates this Agreement for his convenience he shall pay to the University (College), as liquidated damages and not a penalty, the following sum: __________________. The liquidated damages shall be due and payable within twenty (20) days of the effective date of the termination, and any unpaid amount shall bear simple interest at a rate eight (8) percent per annum until paid. 5.3.4 The parties have both been represented by legal counsel in the contract negotiations and have bargained for and agreed to the foregoing liquidated damages provision, giving consideration to the fact that the University (College) will incur administrative and recruiting costs in obtaining a replacement for Coach, in addition to potentially increased compensation costs if Coach terminates this Agreement for convenience, which damages are extremely difficult to determine with certainty. The parties further agree that the payment of such liquidated damages by Coach and the acceptance thereof by University (College) shall constitute adequate and reasonable compensation to University (College) for the damages and injury suffered by it because of such termination by Coach. The liquidated damages are not, and shall not be construed to be, a penalty. This section 5.3.4 shall not apply if Coach terminates this Agreement because of a material breach by the University (College). 5.3.5 Except as provided elsewhere in this Agreement, if Coach terminates this Agreement for convenience, he shall forfeit to the extent permitted by law his right to receive all supplemental compensation and other payments.

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement

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Termination by Coach for Convenience. 5.3.1 The Coach recognizes that his promise to work for University (College) for the entire term of this Agreement is of the essence of this Agreement. The Coach also recognizes that the University (College) is making a highly valuable investment in his 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 (College) before the end of the contract term. 5.3.2 The Coach, for his own convenience, may terminate this Agreement during its term by giving prior written notice to the University (College). Termination shall be effective ten (10) days after notice is given to the University (College). 5.3.3 If the Coach terminates this Agreement for convenience at any time, all obligations of the University (College) shall cease as of the effective date of the termination. If the Coach terminates this Agreement for his convenience he shall pay to the University (College), as liquidated damages and not a penalty, for the breach of this Agreement the following sum: __________________(a) if the Agreement is terminated on or before , the sum of $30,000.00; (b) if the Agreement is terminated between and inclusive, the sum of $20,000.00; (c) if the Agreement is terminated between and inclusive, the sum of $10,000.00 . The liquidated damages shall be due and payable within twenty (20) days of the effective date of the termination, and any unpaid amount shall bear simple interest at a rate eight (8) percent per annum until paid. 5.3.4 The parties have both been represented by legal counsel in the contract negotiations and have bargained for and agreed to the foregoing liquidated damages provision, giving consideration to the fact that the University (College) will incur administrative and recruiting costs in obtaining a replacement for Coach, in addition to potentially increased compensation costs if Coach terminates this Agreement for convenience, which damages are extremely difficult to determine with certainty. The parties further agree that the payment of such liquidated damages by Coach and the acceptance thereof by University (College) shall constitute adequate and reasonable compensation to University (College) for the damages and injury suffered by it because of such termination by Coach. The liquidated damages are not, and shall not be construed to be, a penalty. This section 5.3.4 shall not apply if Coach terminates this Agreement because of a material breach by the University (College). 5.3.5 Except as provided provide elsewhere in this Agreement, if Coach terminates this Agreement for convenience, he shall forfeit to the extent permitted by law his right to receive all supplemental compensation and other payments.

Appears in 1 contract

Samples: Multi Year Employment Agreement

Termination by Coach for Convenience. 5.3.1 The Coach recognizes that his Coach’s promise to work for University (College) for the entire term of this Agreement is of the essence of this Agreement. The Coach also recognizes that the University (College) is making a highly valuable investment in his Coach’s employment by entering into this Agreement and that its investment would be lost were he Coach to resign or otherwise terminate his employment with the University (College) before the end of the contract Agreement term. 5.3.2 The Coach, for his own convenience, Coach may terminate this Agreement for convenience during its term by giving prior written notice to the University (College)University. Termination shall be effective ten (10) days after notice is given to the University (College)University. 5.3.3 If the Coach terminates this Agreement for convenience at any time, all obligations of the University (College) shall cease as of the effective date of the termination. If the Coach terminates this Agreement for his convenience he convenience, Coach shall pay to the University (College)University, as liquidated damages and not a penalty, an amount equal the following sum: __________________total salary to be paid under Section 3.1.1 (a) (before deductions required by law) for the remaining term of the contract. The liquidated damages shall be due and payable within twenty (20) days of the effective date of the termination, and any unpaid amount shall bear simple interest at a rate eight (8) percent per annum until paid. 5.3.4 The parties have both been represented by legal counsel in the contract negotiations and have bargained for and agreed to the foregoing liquidated damages provision, giving consideration to the fact that the University (College) will incur administrative and recruiting costs in obtaining a replacement for Coach, in addition to potentially increased compensation costs if Coach terminates this Agreement for convenience, which damages are extremely difficult to determine with certainty. The parties further agree that the payment of such liquidated damages by Coach and the acceptance thereof by University (College) shall constitute adequate and reasonable compensation to University (College) for the damages and injury suffered by it because of such termination by Coach. The liquidated damages are not, and shall not be construed to be, a penalty. This section Section 5.3.4 shall not apply if Coach terminates this Agreement because of a material breach by the University (College)University. 5.3.5 Except as provided elsewhere in this Agreement, if Coach terminates this Agreement for convenience, he Coach shall forfeit to the extent permitted by law his the right to receive all supplemental compensation and other payments.

Appears in 1 contract

Samples: Employment Agreement

Termination by Coach for Convenience. 5.3.1 The Coach recognizes that his Coach’s promise to work for University (College) for the entire term of this Agreement is of the essence of this Agreement. The Coach also recognizes that the University (College) is making a highly valuable investment in his Coach’s employment by entering into this Agreement and that its investment would be lost were he Coach to resign or otherwise terminate his employment with the University (College) before the end of the contract Agreement term. 5.3.2 The Coach, for his own convenience, Coach may terminate this Agreement for convenience during its term by giving prior written notice to the University (College)University. Termination shall be effective ten (10) days after notice is given to the University (College)University. 5.3.3 If the Coach terminates this Agreement for convenience at any time, all obligations of the University (College) shall cease as of the effective date of the termination. If the Coach terminates this Agreement for his convenience he convenience, Coach shall pay to the University (College)University, as liquidated damages and not a penalty, an amount equal to one-half (1/2) of the following sum: __________________total salary to be paid under Section 3.1.1 (a) (before deductions required by law) for the remaining term of the contract. The liquidated damages shall be due and payable within twenty (20) days of the effective date of the termination, and any unpaid amount shall bear simple interest at a rate eight (8) percent per annum until paid. 5.3.4 The parties have both been represented by legal counsel in the contract negotiations and have bargained for and agreed to the foregoing liquidated damages provision, giving consideration to the fact that the University (College) will incur administrative and recruiting costs in obtaining a replacement for Coach, in addition to potentially increased compensation costs if Coach terminates this Agreement for convenience, which damages are extremely difficult to determine with certainty. The parties further agree that the payment of such liquidated damages by Coach and the acceptance thereof by University (College) shall constitute adequate and reasonable compensation to University (College) for the damages and injury suffered by it because of such termination by Coach. The liquidated damages are not, and shall not be construed to be, a penalty. This section Section 5.3.4 shall not apply if Coach terminates this Agreement because of a material breach by the University (College)University. 5.3.5 Except as provided elsewhere in this Agreement, if Coach terminates this Agreement for convenience, he Coach shall forfeit to the extent permitted by law his the right to receive all supplemental compensation and other payments.

Appears in 1 contract

Samples: Employment Agreement

Termination by Coach for Convenience. 5.3.1 The Coach recognizes that his promise to work for University (College) for the entire term of this Agreement is of the essence of this Agreement. The Coach also recognizes that the University (College) is making a highly valuable investment in his 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 (College) before the end of the contract term. 5.3.2 The Coach, for his own convenience, may terminate this Agreement during its term by giving prior written notice to the University (College). Termination shall be effective ten (10) days after notice is given to the University (College). 5.3.3 If the Coach terminates this Agreement for convenience at any time, all obligations of the University (College) shall cease as of the effective date of the termination. If the Coach terminates this Agreement for his convenience he shall pay to the University (College), as liquidated damages and not a penalty, the following sum: __________________(a) if the Agreement is terminated on or before January 31, 2019, the sum of $30,000.00; (b) if the Agreement is terminated between February 1, 2019 and January 31, 2020 inclusive, the sum of $20,000.00; (c) if the Agreement is terminated between February 1, 2020 and January 31, 2021 inclusive, the sum of $10,000.00 . The liquidated damages shall be due and payable within twenty (20) days of the effective date of the termination, and any unpaid amount shall bear simple interest at a rate eight (8) percent per annum until paid. 5.3.4 The parties have both been represented by legal counsel in the contract negotiations and have bargained for and agreed to the foregoing liquidated damages provision, giving consideration to the fact that the University (College) will incur administrative and recruiting costs in obtaining a replacement for Coach, in addition to potentially increased compensation costs if Coach terminates this Agreement for convenience, which damages are extremely difficult to determine with certainty. The parties further agree that the payment of such liquidated damages by Coach and the acceptance thereof by University (College) shall constitute adequate and reasonable compensation to University (College) for the damages and injury suffered by it because of such termination by Coach. The liquidated damages are not, and shall not be construed to be, a penalty. This section 5.3.4 shall not apply if Coach terminates this Agreement because of a material breach by the University (College). 5.3.5 Except as provided elsewhere in this Agreement, if Coach terminates this Agreement for convenience, he shall forfeit to the extent permitted by law his right to receive all supplemental compensation and other payments.

Appears in 1 contract

Samples: Multi Year Employment Agreement

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Termination by Coach for Convenience. 5.3.1 The Coach recognizes that his hisher promise to work for University (College) for the entire term of this Agreement is of the essence of this Agreement. The Coach also recognizes that the University (College) is making a highly valuable investment in his hisher employment by entering into this Agreement and that its investment would be lost were he xxxxx to resign or otherwise terminate his hisher employment with the University (College) before the end of the contract term. 5.3.2 The Coach, for his hisher own convenience, may terminate this Agreement during its term by giving prior written notice to the University (College). .. Termination shall be effective ten (10) days after notice is given to the University (College)... 5.3.3 If the Coach terminates this Agreement for convenience at any time, all obligations of the University (College) shall cease as of the effective date of the termination. If the Coach terminates this Agreement for his hisher convenience he heshe shall pay to the University (College),, as liquidated damages and not a penalty, for the breach of this Agreement the following sum: __________________(a) if the Agreement is terminated on or before ,January 25, 2014, the sum of $3025,000.00; (b) if the Agreement is terminated between January 26, 2014 and January 25, 2015 inclusive, the sum of $20,000.00; (c) if the Agreement is terminated between January 26, 2015 and January 25, 2016 inclusive, the sum of $10,000.00. The liquidated damages shall be due and payable within twenty (20) days of the effective date of the termination, and any unpaid amount shall bear simple interest at a rate eight (8) percent per annum until paid. 5.3.4 The parties have both been represented by legal counsel in the contract negotiations and have bargained for and agreed to the foregoing liquidated damages provision, giving consideration to the fact that the University (College) will incur administrative and recruiting costs in obtaining a replacement for Coach, in addition to potentially increased compensation costs if Coach terminates this Agreement for convenience, which damages are extremely difficult to determine with certainty. The parties further agree that the payment of such liquidated damages by Coach and the acceptance thereof by University (College) shall constitute adequate and reasonable compensation to University (College) for the damages and injury suffered by it because of such termination by Coach. The liquidated damages are not, and shall not be construed to be, a penalty. This section 5.3.4 shall not apply if Coach terminates this Agreement because of a material breach by the University (College)... 5.3.5 Except as provided provide elsewhere in this Agreement, if Coach terminates this Agreement for convenience, he heshe shall forfeit to the extent permitted by law his hisher right to receive all supplemental compensation and other payments.

Appears in 1 contract

Samples: Multi Year Employment Agreement

Termination by Coach for Convenience. 5.3.1 The Coach recognizes that his Coach’s promise to work for University (College) for the entire term of this Agreement is of the essence of this Agreement. The Coach also recognizes that the University (College) is making a highly valuable investment in his Coach’s employment by entering into this Agreement and that its investment would be lost were he Coach to resign or otherwise terminate his employment with the University (College) before the end of the contract Agreement term. 5.3.2 The Coach, for his own convenience, Coach may terminate this Agreement for convenience during its term by giving prior written notice to the University (College). Termination shall be effective ten (10) days after notice is given to the University (College). 5.3.3 If the Coach terminates this Agreement for convenience at any time, all obligations of the University (College) shall cease as of the effective date of the termination. If the Coach terminates this Agreement for his convenience he convenience, Coach shall pay to the University (College), as liquidated damages and not a penalty, the following sum: __________________. The liquidated damages shall be due and payable within twenty (20) days of the effective date of the termination, and any unpaid amount shall bear simple interest at a rate eight (8) percent per annum until paid. 5.3.4 The parties have both been represented by legal counsel in the contract negotiations and have bargained for and agreed to the foregoing liquidated damages provision, giving consideration to the fact that the University (College) will incur administrative and recruiting costs in obtaining a replacement for Coach, in addition to potentially increased compensation costs if Coach terminates this Agreement for convenience, which damages are extremely difficult to determine with certainty. The parties further agree that the payment of such liquidated damages by Coach and the acceptance thereof by University (College) shall constitute adequate and reasonable compensation to University (College) for the damages and injury suffered by it because of such termination by Coach. The liquidated damages are not, and shall not be construed to be, a penalty. This section Section 5.3.4 shall not apply if Coach terminates this Agreement because of a material breach by the University (College). 5.3.5 Except as provided elsewhere in this Agreement, if Coach terminates this Agreement for convenience, he Coach shall forfeit to the extent permitted by law his the right to receive all supplemental compensation and other payments.

Appears in 1 contract

Samples: Employment Agreement

Termination by Coach for Convenience. 5.3.1 The Coach recognizes that his promise to work for University (College) for the entire term of this Agreement is of the essence of this Agreement. The Coach also recognizes that the University (College) is making a highly valuable investment in his 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 (College) before the end of the contract term. 5.3.2 The Coach, for his own convenience, may terminate this Agreement during its term by giving prior written notice to the University (College)University. Termination shall be effective ten (10) days after notice is given to the University (College)University. 5.3.3 If the Coach terminates this Agreement for convenience at any time, all obligations of the University (College) shall cease as of the effective date of the termination. If the Coach terminates this Agreement for his convenience he shall pay to the University (College)University, as liquidated damages and not a penalty, the following sum: __________________(a) if the Agreement is terminated on or before January 31, 2019, the sum of $30,000.00; (b) if the Agreement is terminated between February 1, 2019 and January 31, 2020 inclusive, the sum of $20,000.00; (c) if the Agreement is terminated between February 1, 2020 and January 31, 2021 inclusive, the sum of $10,000.00. The liquidated damages shall be due and payable within twenty (20) days of the effective date of the termination, and any unpaid amount shall bear simple interest at a rate eight (8) percent per annum until paid. 5.3.4 The parties have both been represented by legal counsel in the contract negotiations and have bargained for and agreed to the foregoing liquidated damages provision, giving consideration to the fact that the University (College) will incur administrative and recruiting costs in obtaining a replacement for Coach, in addition to potentially increased compensation costs if Coach terminates this Agreement for convenience, which damages are extremely difficult to determine with certainty. The parties further agree that the payment of such liquidated damages by Coach and the acceptance thereof by University (College) shall constitute adequate and reasonable compensation to University (College) for the damages and injury suffered by it because of such termination by Coach. The liquidated damages are not, and shall not be construed to be, a penalty. This section 5.3.4 shall not apply if Coach terminates this Agreement because of a material breach by the University (College)University. 5.3.5 Except as provided elsewhere in this Agreement, if Coach terminates this Agreement for convenience, he shall forfeit to the extent permitted by law his right to receive all supplemental compensation and other payments.

Appears in 1 contract

Samples: Multi Year Employment Agreement

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