Common use of Termination by Coach Clause in Contracts

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 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.

Appears in 3 contracts

Samples: Employment Agreement, Employment Agreement, Employment Agreement

AutoNDA by SimpleDocs

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 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 men’s basketball football coach in writing. While Coach is assigned to the position of assistant men’s basketball football coach, such termination by Coach must occur at a time other than during the period of intercollegiate men’s basketball football 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 post-season play in which the Oregon men’s basketball football team is competing), unless both parties mutually agree otherwise. However, so long as the termination occurs other than during the Period of Competitionfootball season, 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 Competitionregular 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 of terminationnotice, 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 require Coach to pay, or cause to be paid, as repayment of Compensation, perquisites and benefits paid to or accrued by Coach in anticipation that Coach would fulfill the Term, a fixed sum to University, according to the following schedule: One hundred percent (100%) of the remaining Guaranteed Salary through the full Term of this Agreement at the time of Termination by Coach if this Agreement is Terminated by Coach prior to April 1, 2024. Fifty percent (50%) of Guaranteed Salary at the time of Termination by Coach if this Agreement is Terminated by Coach beginning April 1, 2024 and prior to February 1, 2025. Twenty five percent (25%) of Guaranteed Salary at the time of Termination by Coach if this Agreement is Terminated by Coach beginning February 1, 2025 and prior to January 1, 2026. The amounts shall be waived by University if Coach terminates employment with the University to accept a position as an FBS level head football coach, FBS level offensive coordinator (with full play calling responsibilities), NFL head coach or NFL offensive coordinator (with full play calling responsibilities). d. Any amount owed by Coach to University as per Section 6.3(c) is payable in full within sixty (60) days of termination by Coach. The parties recognize and agree that the foregoing amounts also constitute a projection or measurement of University’s damages which, in such a case, would be extremely difficult to determine, and that this provision is a sufficient and reasonable estimate of the potential injury to University and that it shall be enforceable as liquidated damages and not as a penalty. Provided, however, that if University membership in Big Ten ends and University does not join without a competition- season interruption, a conference of comparable stature and NCAA classification level, this subsection shall not apply and Coach shall not be obligated to pay any liquidated damages. e. Coach and University have bargained for and agree to the foregoing liquidated damages, provisions, giving consideration to the fact that termination of the Agreement by Coach under this section 6.3 may precipitate or lead to University’s loss of revenue or other economic advantages or income related to University’s athletic program, which damages are extremely difficult to determine fairly, adequately or with certainty. The parties further agree that the payment of such liquidated damages by Coach shall constitute sufficient, adequate and reasonable compensation to University for any loss, damages or injury that University suffers because of such termination by Coach. The foregoing shall not be, nor be construed to be, a penalty.

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement

Termination by Coach. a. Coach recognizes that his her 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 her continued employment by entering into this Agreement and that its investment would be lost were he she to resign or otherwise terminate his her 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 softball 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 she must notify head men’s basketball softball coach in writing. While Coach is assigned to the position of assistant men’s basketball softball coach, such termination by Coach must occur at a time other than during the period of intercollegiate men’s basketball softball competition (“Period of Competition” and understood annually as October 1 through the Oregon men’s basketball softball team’s final game), including any and all post‐season play in which the Oregon men’s basketball softball 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 her 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 her employment plans following the termination of his her employment with University. Coach shall be deemed to have resigned his her employment and terminated this agreement, as provided for in section 6.3, if Coach does not perform his her duties for more than 30 days and such absence is unexcused, meaning that he she 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 her absence. University will determine whether a situation is one that prevents the Coach from informing it of his her 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.

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement

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 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 basketball and women’s track and field coach in writing. While Coach is assigned to the position of assistant men’s basketball 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 basketball and women’s track and field competition (“Period of Competition” and understood annually as October 1 through the Oregon men’s basketball and women’s track and field team’s final gamecompetition), including any and all post‐season play in which the Oregon men’s basketball 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 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.

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement

Termination by Coach. a. Coach recognizes that his her 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 her continued employment by entering into this Agreement and that its investment would be lost were he she to resign or otherwise terminate his her 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 menwomen’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 she must notify head menwomen’s basketball coach in writing. While Coach is assigned to the position of assistant menwomen’s basketball coach, such termination by Coach must occur at a time other than during the period of intercollegiate menwomen’s basketball competition (“Period of Competition” and understood annually as October 1 through the Oregon menwomen’s basketball team’s final game), including any and all post‐season play in which the Oregon menwomen’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 her 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 her employment plans following the termination of his her employment with University. Coach shall be deemed to have resigned his her employment and terminated this agreement, as provided for in section 6.3, if Coach does not perform his her duties for more than 30 days and such absence is unexcused, meaning that he she 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 her absence. University will determine whether a situation is one that prevents the Coach from informing it of his her 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 require Coach to pay, or cause to be paid, as repayment of Compensation, perquisites, and benefits paid to or accrued by Coach in anticipation that Coach would fulfill the Term, a fixed sum to University according to the following schedule. For clarity, liquidated damages calculations under 6.3.a.1 through 6.3.a.3 shall be conducted as follows below. Add all full future Contract Year salaries to the prorated salaries of any partial Contract Years. Prorated salaries for partial Contract Years are determined by multiplying the applicable Contract Year salary by X/365, where X is the number of days remaining in the applicable contract year at the time of termination. This number will then be multiplied by the relevant percentage as dictated by the date of termination.

Appears in 1 contract

Samples: Employment Agreement

Termination by Coach. a. Coach recognizes that his her 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 her continued employment by entering into this Agreement and that its investment would be lost were he she to resign or otherwise terminate his her 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 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 she must notify head men’s basketball and women’s track and field coach in writing. While Coach is assigned to the position of assistant men’s basketball and women’s cross country/track and field coach, such termination by Coach must occur at a time other than during the period of intercollegiate men’s basketball and women’s cross country/track and field competition (“Period of Competition” and understood annually as October August 1 through the Oregon men’s basketball and women’s track and field team’s final gamecompetition), including any and all post‐season play competition in which the Oregon men’s basketball and women’s cross country/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 her coaching and other responsibilities, or University may reassign Coach until the completion of all playcompetition. Simultaneously with such notice of termination, Coach shall inform University in writing of his her employment plans following the termination of his her employment with University. Coach shall be deemed to have resigned his her employment and terminated this agreement, as provided for in section 6.3, if Coach does not perform his her duties for more than 30 days and such absence is unexcused, meaning that he she 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 her absence. University will determine whether a situation is one that prevents the Coach from informing it of his her 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.

Appears in 1 contract

Samples: Employment Agreement

Termination by Coach. a. Coach recognizes that his 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 his her continued employment by entering into this Agreement and that its investment would be lost were he she to resign or otherwise terminate his 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 head men’s basketball Volleyball and beach volleyball 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 she must notify head men’s basketball volleyball and beach volleyball coach in writing. While Coach is assigned to the position of assistant menwomen’s basketball volleyball coach, such termination by Coach must occur at a time other than during the period of intercollegiate menwomen’s basketball volleyball 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 post-season play in which the Oregon menwomen’s basketball volleyball team is competing), unless both parties mutually agree otherwise. However, so long as the termination occurs other than during the Period of Competitionwomen’s volleyball season, 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 Competitionregular and, if relevant, post-season play, University may require Coach to continue his her coaching and other responsibilities, or University may reassign Coach until the completion of all play. Simultaneously with such notice of terminationnotice, Coach shall inform University in writing of his her employment plans following the termination of his her employment with University. Coach shall be deemed to have resigned his her employment and terminated this agreement, as provided for in section 6.3, if Coach does not perform his her duties for more than 30 days and such absence is unexcused, meaning that he she did not obtain consent from University 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 University the university of his her absence. The University will determine whether a situation is one that prevents the Coach from informing it of his her 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.

Appears in 1 contract

Samples: Employment Agreement

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 senior associate athletic director, chief compliance officer 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 senior associate athletic director, chief compliance officer in writing. While Coach is assigned to the position of assistant menhead women’s basketball golf coach, such termination by Coach must occur at a time other than during the period of intercollegiate menwomen’s basketball golf competition (“Period of Competition” and understood annually as October 1 through the Oregon menwomen’s basketball golf team’s final gamecompetition), including any and all post‐season play in which the Oregon menwomen’s basketball golf 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 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 require Coach to pay, or cause to be paid, as repayment of Compensation, perquisites and benefits paid to or accrued by Coach in anticipation that Coach would fulfill the Term, a fixed sum to University, according to the following schedule: On or before the end of Contract Year 1: $150,000 After the end of Contract Year 1, but on or before the end of Contract Year 2: $125,000 After the end of Contract Year 2, but on or before the end of Contract Year 3: $100,000 After the end of Contract Year 3, but on or before the end of Contract Year 4: $75,000 After the end of Contract Year 4, but on or before May 1, 2028: $50,000 d. The parties recognize and agree that termination of the Agreement by Coach under this section 6.3 may lead to damages and/or injury suffered by University, and may precipitate or lead to University’s loss of revenue or other economic advantages or income related to University’s athletic program, the forecast and measurement of which is extremely difficult to determine. The parties agree that the foregoing provision constitutes a sufficient, adequate, and reasonable estimate of the potential injury to University and that it shall be enforceable as liquidated damages and not as a penalty. e. Any amount owed by Coach to University as per Section 6.3(c) is payable in full within sixty (60) days of termination by Coach. Provided, however, that if University membership in Big Ten ends and University does not join without a competition‐ season interruption, a conference of comparable stature and NCAA classification level, this subsection shall not apply and Coach shall not be obligated to pay any liquidated damages.

Appears in 1 contract

Samples: Employment Agreement

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 men’s basketball coach 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 he must notify head men’s basketball coach athletic director in writing. While Coach is assigned to the position of assistant men’s basketball head cross country/track and field coach, such termination by Coach must occur at a time other than during the period of intercollegiate men’s basketball competition cross country/track and field season (“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 post-season play in which the Oregon men’s basketball team cross country/track and field teams is competing), unless both parties mutually agree otherwise. However, so long as the termination occurs other than during the Period of Competitioncross country/track and field season, 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 Competitionregular and, if relevant, post-season 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 terminationnotice, 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 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 University 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, as repayment of Compensation, perquisites and benefits paid to or accrued by Coach in anticipation that Coach would fulfill the Term, a fixed sum to University, according to the following schedule: On or before the end of Contract Year 1: $500,000 After the end of Contract Year 1, but on or before the end of Contract Year 2: $400,000 After the end of Contract Year 2, but on or before the end of Contract Year 3: $300,000 After the end of Contract Year 3, but on or before the end of Contract Year 4: $200,000 After the end of Contract Year 4, but on or before the end of Contract Year 6: $100,000 Should the Term of this Agreement be extended following Contract Year 3, per Section 3, this Section 6.3c shall be amended as follows: On or before the end of Contract Year 4: $500,000 After the end of Contract Year 4, but on or before the end of Contract Year 5: $400,000 After the end of Contract Year 5, but on or before the end of Contract Year 6: $300,000 After the end of Contract Year 6, but on or before the end of Contract Year 7: $200,000 After the end of Contract Year 7, but on or before the end of Contract Year 8: $100,000 d. Any amount owed by Coach to University as per Section 6.3.c is payable in full within sixty (60) days of termination by Coach. The parties recognize and agree that the foregoing amounts also constitute a projection or measurement of University’s damages which, in such a case, would be extremely difficult to determine, and that this provision is a sufficient and reasonable estimate of the potential injury to University and that it shall be enforceable as liquidated damages and not as a penalty. Provided, however, that if University membership in the Pac-12 Conference ends and the University does not join without a competition- season interruption, a conference of comparable stature and NCAA classification level, this subsection shall not apply and Coach shall not be obligated to pay any liquidated damages. e. Coach and University have bargained for and agree to the foregoing liquidated damages, provisions, giving consideration to the fact that termination of the Agreement by Coach under this section 6.3 may precipitate or lead to University’s loss of revenue or other economic advantages or income related to University’s athletic program, which damages are extremely difficult to determine fairly, adequately or with certainty. The parties further agree that the payment of such liquidated damages by Coach shall constitute sufficient, adequate and reasonable compensation to University for any loss, damages or injury that University suffers because of such termination by Coach. The foregoing shall not be, nor be construed to be, a penalty.

Appears in 1 contract

Samples: Employment Agreement

Termination by Coach. a. Coach recognizes that his her 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 her continued employment by entering into this Agreement and that its investment would be lost were he she to resign or otherwise terminate his her 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 menwomen’s basketball volleyball 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 she must notify head menwomen’s basketball volleyball coach in writing. While Coach is assigned to the position of assistant menwomen’s basketball volleyball coach, such termination by Coach must occur at a time other than during the period of intercollegiate menwomen’s basketball volleyball 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 menwomen’s basketball volleyball team is competing), unless both parties mutually agree otherwise. However, so long as the termination occurs other than during the Period of Competitionwomen’s volleyball season, 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 Competitionregular and, if relevant, post‐season play, University may require Coach to continue his her coaching and other responsibilities, or University may reassign Coach until the completion of all play. Simultaneously with such notice of terminationnotice, Coach shall inform University in writing of his her employment plans following the termination of his her employment with University. Coach shall be deemed to have resigned his her employment and terminated this agreement, as provided for in section 6.3, if Coach does not perform his her duties for more than 30 days and such absence is unexcused, meaning that he she 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 her absence. University will determine whether a situation is one that prevents the Coach from informing it of his her 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.

Appears in 1 contract

Samples: Employment Agreement

Termination by Coach. a. Coach recognizes that his her 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 her continued employment by entering into this Agreement and that its investment would be lost were he she to resign or otherwise terminate his her 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 acrobatics and tumbling 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 she must notify head men’s basketball acrobatics and tumbling coach in writing. While Coach is assigned to the position of assistant men’s basketball acrobatics and tumbling coach, such termination by Coach must occur at a time other than during the period of intercollegiate men’s basketball acrobatics and tumbling competition (“Period of Competition” and understood annually as October 1 through the Oregon men’s basketball acrobatics and tumbling team’s final gamecompetition), including any and all post‐season play in which the Oregon men’s basketball acrobatics and tumbling 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 her 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 her employment plans following the termination of his her employment with University. Coach shall be deemed to have resigned his her employment and terminated this agreement, as provided for in section 6.3, if Coach does not perform his her duties for more than 30 days and such absence is unexcused, meaning that he she 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 her absence. University will determine whether a situation is one that prevents the Coach from informing it of his her 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.

Appears in 1 contract

Samples: Employment Agreement

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 menwomen’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 menwomen’s basketball coach in writing. While Coach is assigned to the position of assistant menwomen’s basketball coach, such termination by Coach must occur at a time other than during the period of intercollegiate menwomen’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 post-season play in which the Oregon menwomen’s basketball team is competing), unless both parties mutually agree otherwise. However, so long as the termination occurs other than during the Period of Competitionwomen’s basketball season, 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 Competitionregular 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 of terminationnotice, 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 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 University 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.

Appears in 1 contract

Samples: Employment Agreement

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 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 men’s basketball football coach in writing. While Coach is assigned to the position of assistant men’s basketball football coach, such termination by Coach must occur at a time other than during the period of intercollegiate men’s basketball football 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 post-season play in which the Oregon men’s basketball football team is competing), unless both parties mutually agree otherwise. However, so long as the termination occurs other than during the Period of Competitionfootball season, 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 Competitionregular 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 of terminationnotice, 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 require Coach to pay, or cause to be paid, as repayment of Compensation, perquisites and benefits paid to or accrued by Coach in anticipation that Coach would fulfill the Term, a fixed sum to University, according to the following schedule: One hundred percent (100%) of the remaining Guaranteed Salary through the full Term of this Agreement at the time of Termination by Coach if this Agreement is Terminated by Coach prior to April 1, 2024. Fifty percent (50%) of Guaranteed Salary at the time of Termination by Coach if this Agreement is Terminated by Coach beginning April 1, 2024 and prior to February 1, 2025. Twenty five percent (25%) of Guaranteed Salary at the time of Termination by Coach if this Agreement is Terminated by Coach beginning February 1, 2025 and prior to January 1, 2027. The terms outlined in this Section 6.3 c shall be immediately effective upon the date of the full execution of this Agreement and shall take the place of Section 6.3 c of Coach’s Employment Agreement signed by Coach on December 22, 2021 and University on December 22, 2021. The amounts owed by Coach to University per this section 6.3c shall be waived by University in the event Coach leaves University for a position as an FBS level defensive/offensive coordinator with full play-calling responsibilities, as an FBS level head football coach, or as an NFL special teams coordinator (with full play calling responsibilities). d. Any amount owed by Coach to University as per Section 6.3(c) is payable in full within sixty (60) days of termination by Coach. The parties recognize and agree that the foregoing amounts also constitute a projection or measurement of University’s damages which, in such a case, would be extremely difficult to determine, and that this provision is a sufficient and reasonable estimate of the potential injury to University and that it shall be enforceable as liquidated damages and not as a penalty. Provided, however, that if University membership in Big Ten ends and University does not join without a competition- season interruption, a conference of comparable stature and NCAA classification level, this subsection shall not apply and Coach shall not be obligated to pay any liquidated damages. e. Coach and University have bargained for and agree to the foregoing liquidated damages, provisions, giving consideration to the fact that termination of the Agreement by Coach under this section 6.3 may precipitate or lead to University’s loss of revenue or other economic advantages or income related to University’s athletic program, which damages are extremely difficult to determine fairly, adequately or with certainty. The parties further agree that the payment of such liquidated damages by Coach shall constitute sufficient, adequate and reasonable compensation to University for any loss, damages or injury that University suffers because of such termination by Coach. The foregoing shall not be, nor be construed to be, a penalty.

Appears in 1 contract

Samples: Employment Agreement

Termination by Coach. a. Coach recognizes that his her 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 her continued employment by entering into this Agreement and that its investment would be lost were he she to resign or otherwise terminate his her 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 beach volleyball 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 she must notify head men’s basketball beach volleyball coach in writing. While Coach is assigned to the position of assistant men’s basketball beach volleyball coach, such termination by Coach must occur at a time other than during the period of intercollegiate men’s basketball beach volleyball competition (“Period of Competition” and understood annually as October 1 through the Oregon men’s basketball beach volleyball team’s final gamematch), including any and all post‐season play in which the Oregon men’s basketball beach volleyball 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 her 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 her employment plans following the termination of his her employment with University. Coach shall be deemed to have resigned his her employment and terminated this agreement, as provided for in section 6.3, if Coach does not perform his her duties for more than 30 days and such absence is unexcused, meaning that he she 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 her absence. University will determine whether a situation is one that prevents the Coach from informing it of his her 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.

Appears in 1 contract

Samples: Employment Agreement

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 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 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 Competitionmen’s basketball season, 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 Competitionregular 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 of terminationnotice, 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 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 University 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 Except as set forth in Section 4.2b, 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.

Appears in 1 contract

Samples: Employment Agreement

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 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 men’s basketball football coach in writing. While Coach is assigned to the position of assistant men’s basketball head football strength and conditioning coach, such termination by Coach must occur at a time other than during the period of intercollegiate men’s basketball football 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 football team is competing), unless both parties mutually agree otherwise. However, so long as the termination occurs other than during the Period of Competitionfootball season, 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 Competitionregular 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 of terminationnotice, 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 require Coach to pay, or cause to be paid, as repayment of Compensation, perquisites and benefits paid to or accrued by Coach in anticipation that Coach would fulfill the Term, a fixed sum to University, according to the following schedule: One hundred percent (100%) of the remaining Guaranteed Salary through the full Term of this Agreement at the time of Termination by Coach if this Agreement is Terminated by Coach prior to April 1, 2024. Fifty percent (50%) of Guaranteed Salary at the time of Termination by Coach if this Agreement is Terminated by Coach beginning April 1, 2024 and prior to February 1, 2025. Twenty five percent (25%) of Guaranteed Salary at the time of Termination by Coach if this Agreement is Terminated by Coach beginning February 1, 2025 and prior to January 1, 2026. d. Any amount owed by Coach to University as per Section 6.3(c) is payable in full within sixty (60) days of termination by Coach. The parties recognize and agree that the foregoing amounts also constitute a projection or measurement of University’s damages which, in such a case, would be extremely difficult to determine, and that this provision is a sufficient and reasonable estimate of the potential injury to University and that it shall be enforceable as liquidated damages and not as a penalty. Provided, however, that if University membership in Big Ten ends and University does not join without a competition‐ season interruption, a conference of comparable stature and NCAA classification level, this subsection shall not apply and Coach shall not be obligated to pay any liquidated damages. e. Coach and University have bargained for and agree to the foregoing liquidated damages, provisions, giving consideration to the fact that termination of the Agreement by Coach under this section 6.3 may precipitate or lead to University’s loss of revenue or other economic advantages or income related to University’s athletic program, which damages are extremely difficult to determine fairly, adequately or with certainty. The parties further agree that the payment of such liquidated damages by Coach shall constitute sufficient, adequate and reasonable compensation to University for any loss, damages or injury that University suffers because of such termination by Coach. The foregoing shall not be, nor be construed to be, a penalty.

Appears in 1 contract

Samples: Employment Agreement

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 menwomen’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 menwomen’s basketball coach in writing. While Coach is assigned to the position of assistant menassociate head women’s basketball coach, such termination by Coach must occur at a time other than during the period of intercollegiate menwomen’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 post-season play in which the Oregon menwomen’s basketball team is competing), unless both parties mutually agree otherwise. However, so long as the termination occurs other than during the Period of Competitionwomen’s basketball season, 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 Competitionregular 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 of terminationnotice, 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 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 University 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.

Appears in 1 contract

Samples: Employment Agreement

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

Appears in 1 contract

Samples: Employment Agreement

AutoNDA by SimpleDocs

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 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 men’s basketball football coach in writing. While Coach is assigned to the position of assistant men’s basketball football coach, such termination by Coach must occur at a time other than during the period of intercollegiate men’s basketball football 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 football team is competing), unless both parties mutually agree otherwise. However, so long as the termination occurs other than during the Period of Competitionfootball season, 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 Competitionregular 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 of terminationnotice, 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 require Coach to pay, or cause to be paid, as repayment of Compensation, perquisites and benefits paid to or accrued by Coach in anticipation that Coach would fulfill the Term, a fixed sum to University, according to the following schedule: Seventy percent (70%) of the remaining Guaranteed Salary owed to Coach through the remainder of the full Term of this Agreement at the time of Termination by Coach if this Agreement is Terminated by Coach prior to January 31, 2026. The amounts shall be waived by University if Coach terminates employment with the University to accept a position as an FBS level head football coach. The amounts shall be waived by University beginning April 1, 2025 if Coach terminates employment with the University to accept a position as an FBS level coordinator (with full play calling responsibilities) or as an NFL position coach. The amounts shall be waived if University’s head football coach leaves his position with the University at any time during Term of Agreement. d. Any amount owed by Coach to University as per Section 6.3(c) is payable in full within sixty (60) days of termination by Coach. The parties recognize and agree that the foregoing amounts also constitute a projection or measurement of University’s damages which, in such a case, would be extremely difficult to determine, and that this provision is a sufficient and reasonable estimate of the potential injury to University and that it shall be enforceable as liquidated damages and not as a penalty. Provided, however, that if University membership in Big Ten ends and University does not join without a competition‐ season interruption, a conference of comparable stature and NCAA classification level, this subsection shall not apply and Coach shall not be obligated to pay any liquidated damages. e. Coach and University have bargained for and agree to the foregoing liquidated damages, provisions, giving consideration to the fact that termination of the Agreement by Coach under this section 6.3 may precipitate or lead to University’s loss of revenue or other economic advantages or income related to University’s athletic program, which damages are extremely difficult to determine fairly, adequately or with certainty. The parties further agree that the payment of such liquidated damages by Coach shall constitute sufficient, adequate and reasonable compensation to University for any loss, damages or injury that University suffers because of such termination by Coach. The foregoing shall not be, nor be construed to be, a penalty. f. University will pay Coach a signing bonus of $45,000 upon signing of this Agreement. Signing bonus payment shall be in lieu of any relocation or temporary housing expenses either reimbursed to Coach or paid directly on behalf of Coach. Should Coach terminate this Agreement pursuant to section 6.3 prior to April 7, 2025 Coach shall be required to pay to University 100% of signing bonus within 60 days of termination of this Agreement. Coach shall not be required to repay any portion of the signing bonus to University if he terminates this Agreement to accepts an FBS level head football coaching position.

Appears in 1 contract

Samples: Employment Agreement

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 men’s basketball coach senior associate 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 he must notify head men’s basketball coach senior associate athletic director in writing. While Coach is assigned to the position of assistant head men’s basketball golf coach, such termination by Coach must occur at a time other than during the period of intercollegiate men’s basketball golf 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 post-season play in which the Oregon men’s basketball golf team is competing), unless both parties mutually agree otherwise. However, so long as the termination occurs other than during the Period of Competitionmen’s golf season, 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 Competitionregular 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 of terminationnotice, 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 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 University 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 Except as set forth in Section 4.2b, 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, as repayment of Compensation, perquisites and benefits paid or accrued by Coach in anticipation that Coach would fulfill the Term, a fixed sum to the University, according to the following schedule: Before the end of Contract Year 1: $100,000 After the end of Contract Year 1, but before the end of Contract Year 2: $ 75,000 After the end of Contract Year 2, but before the end of Contract Year 3: $ 50,000 After the end of Contract Year 3, but before the end of Contract Year 4: $ 25,000 d. Any amount owed by Coach to University as per Section 6.3(c) is payable in full within sixty (60) days of termination by Coach. The parties recognize and agree that the foregoing amounts also constitute a projection or measurement of University’s damages which, in such a case, would be extremely difficult to determine, and that this provision is a sufficient and reasonable estimate of the potential injury to University and that it shall be enforceable as liquidated damages and not as a penalty. Provided, however, that if University membership in the Pac-12 Conference ends and the University does not join without a competition- season interruption, a conference of comparable stature and NCAA classification level, this subsection shall not apply and Coach shall not be obligated to pay any liquidated damages. e. Coach and University have bargained for and agree to the foregoing liquidated damages, provisions, giving consideration to the fact that termination of the Agreement by Coach under this section 6.3 may precipitate or lead to University’s loss of revenue or other economic advantages or income related to University’s athletic program, which damages are extremely difficult to determine fairly, adequately or with certainty. The parties further agree that the payment of such liquidated damages by Coach shall constitute sufficient, adequate and reasonable compensation to University for any loss, damages or injury that University suffers because of such termination by Coach. The foregoing shall not be, nor be construed to be, a penalty.

Appears in 1 contract

Samples: Employment Agreement

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 men’s basketball coach senior associate athletic director, chief compliance officer 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 senior associate athletic director, chief compliance officer in writing. While Coach is assigned to the position of assistant menhead women’s basketball golf coach, such termination by Coach must occur at a time other than during the period of intercollegiate menwomen’s basketball golf 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 post-season play in which the Oregon menwomen’s basketball golf team is competing), unless both parties mutually agree otherwise. However, so long as the termination occurs other than during the Period of Competitionwomen’s golf season, 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 Competitionregular 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 of terminationnotice, 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 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 University 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, as repayment of Compensation, perquisites and benefits paid to or accrued by Coach in anticipation that Coach would fulfill the Term, a fixed sum to University, according to the following schedule: On or before the end of Contract Year 1: $100,000 After the end of Contract Year 1, but on or before the end of Contract Year 2: $ 75,000 After the end of Contract Year 2, but on or before the end of Contract Year 3: $ 50,000 After the end of Contract Year 3, but on or before the end of Contract Year 4: $ 25,000 d. Any amount owed by Coach to University as per Section 6.3.c is payable in full within sixty (60) days of termination by Coach. The parties recognize and agree that the foregoing amounts also constitute a projection or measurement of University’s damages which, in such a case, would be extremely difficult to determine, and that this provision is a sufficient and reasonable estimate of the potential injury to University and that it shall be enforceable as liquidated damages and not as a penalty. Provided, however, that if University membership in the Pac-12 Conference ends and the University does not join without a competition- season interruption, a conference of comparable stature and NCAA classification level, this subsection shall not apply and Coach shall not be obligated to pay any liquidated damages. e. Coach and University have bargained for and agree to the foregoing liquidated damages, provisions, giving consideration to the fact that termination of the Agreement by Coach under this section 6.3 may precipitate or lead to University’s loss of revenue or other economic advantages or income related to University’s athletic program, which damages are extremely difficult to determine fairly, adequately or with certainty. The parties further agree that the payment of such liquidated damages by Coach shall constitute sufficient, adequate and reasonable compensation to University for any loss, damages or injury that University suffers because of such termination by Coach. The foregoing shall not be, nor be construed to be, a penalty.

Appears in 1 contract

Samples: Employment Agreement

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 senior associate athletic director for compliance 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 senior associate athletic director for compliance in writing. While Coach is assigned to the position of assistant menhead women’s basketball beach volleyball coach, such termination by Coach must occur at a time other than during the period of intercollegiate menwomen’s basketball beach volleyball competition (“Period of Competition” and understood annually as October 1 through the Oregon menwomen’s basketball beach volleyball team’s final game), including any and all post‐season play in which the Oregon menwomen’s basketball beach volleyball 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 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.

Appears in 1 contract

Samples: Employment Agreement

Termination by Coach. a. Coach recognizes that his her 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 her continued employment by entering into this Agreement and that its investment would be lost were he she to resign or otherwise terminate his her 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 menwomen’s basketball lacrosse 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 she must notify head menwomen’s basketball lacrosse coach in writing. While Coach is assigned to the position of assistant menwomen’s basketball lacrosse coach, such termination by Coach must occur at a time other than during the period of intercollegiate menwomen’s basketball lacrosse competition (“Period of Competition” and understood annually as October 1 through the Oregon menwomen’s basketball lacrosse team’s final game), including any and all post‐season play in which the Oregon menwomen’s basketball lacrosse 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 her 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 her employment plans following the termination of his her employment with University. Coach shall be deemed to have resigned his her employment and terminated this agreement, as provided for in section 6.3, if Coach does not perform his her duties for more than 30 days and such absence is unexcused, meaning that he she 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 her absence. University will determine whether a situation is one that prevents the Coach from informing it of his her 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.

Appears in 1 contract

Samples: Employment Agreement

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 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 men’s basketball football coach in writing. While Coach is assigned to the position of assistant men’s basketball football coach, such termination by Coach must occur at a time other than during the period of intercollegiate men’s basketball football 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 football team is competing), unless both parties mutually agree otherwise. However, so long as the termination occurs other than during the Period of Competitionfootball season, 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 Competitionregular 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 of terminationnotice, 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 require Coach to pay, or cause to be paid, as repayment of Compensation, perquisites and benefits paid to or accrued by Coach in anticipation that Coach would fulfill the Term, a fixed sum to University, according to the following schedule: One hundred percent (100%) of the remaining Guaranteed Salary through the full Term of this Agreement at the time of Termination by Coach if this Agreement is Terminated by Coach prior to April 1, 2024. Fifty percent (50%) of Guaranteed Salary at the time of Termination by Coach if this Agreement is Terminated by Coach beginning April 1, 2024 and prior to February 1, 2025. Twenty five percent (25%) of Guaranteed Salary at the time of Termination by Coach if this Agreement is Terminated by Coach beginning February 1, 2025 and prior to January 1, 2026. The amounts shall be waived by University if Coach terminates employment with the University to accept a position as an FBS level head football coach, FBS level offensive coordinator (with full play calling responsibilities), NFL head coach or NFL offensive coordinator (with full play calling responsibilities). d. Any amount owed by Coach to University as per Section 6.3(c) is payable in full within sixty (60) days of termination by Coach. The parties recognize and agree that the foregoing amounts also constitute a projection or measurement of University’s damages which, in such a case, would be extremely difficult to determine, and that this provision is a sufficient and reasonable estimate of the potential injury to University and that it shall be enforceable as liquidated damages and not as a penalty. Provided, however, that if University membership in Big Ten ends and University does not join without a competition‐ season interruption, a conference of comparable stature and NCAA classification level, this subsection shall not apply and Coach shall not be obligated to pay any liquidated damages. e. Coach and University have bargained for and agree to the foregoing liquidated damages, provisions, giving consideration to the fact that termination of the Agreement by Coach under this section 6.3 may precipitate or lead to University’s loss of revenue or other economic advantages or income related to University’s athletic program, which damages are extremely difficult to determine fairly, adequately or with certainty. The parties further agree that the payment of such liquidated damages by Coach shall constitute sufficient, adequate and reasonable compensation to University for any loss, damages or injury that University suffers because of such termination by Coach. The foregoing shall not be, nor be construed to be, a penalty.

Appears in 1 contract

Samples: Employment Agreement

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

Appears in 1 contract

Samples: Employment Agreement

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

Appears in 1 contract

Samples: Employment Agreement

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 men’s basketball coach Head 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 Head Coach in writing. While Coach is assigned to the position of assistant associate head men’s basketball and women’s cross country/track and field coach, such termination by Coach must occur at a time other than during the period of intercollegiate men’s basketball and women’s cross country/track and field 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 post-season play in which the Oregon men’s basketball and women’s cross country/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 Competitionmen’s and women’s cross country/track and field season, 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 Competitionregular and, if relevant, post-season competition, University may require Coach to continue his coaching and other responsibilities, or University may reassign Coach until the completion of all playcompetition. Simultaneously with such notice of terminationnotice, 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 the university prior to taking leave and the andthe absence is not attributable to a medical emergency or other situation that prevented the Coach from informing University 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.

Appears in 1 contract

Samples: Employment Agreement

Termination by Coach. a. Coach recognizes that his 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 his her continued employment by entering into this Agreement and that its investment would be lost were he she to resign or otherwise terminate his 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 head menwomen’s basketball golf 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 she must notify head men’s basketball women’ golf coach in writing. While Coach is assigned to the position of assistant menwomen’s basketball golf coach, such termination by Coach must occur at a time other than during the period of intercollegiate menwomen’s basketball golf 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 post-season play in which the Oregon menwomen’s basketball golf team is competing), unless both parties mutually agree otherwise. However, so long as the termination occurs other than during the Period of Competitionwomen’s golf season, 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 Competitionregular and, if relevant, post-season competition, University may require Coach to continue his her coaching and other responsibilities, or University may reassign Coach until the completion of all playcompetition. Simultaneously with such notice of terminationnotice, Coach shall inform University in writing of his her employment plans following the termination of his her employment with University. Coach shall be deemed to have resigned his her employment and terminated this agreement, as provided for in section 6.3, if Coach does not perform his her duties for more than 30 days and such absence is unexcused, meaning that he she did not obtain consent from University 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 University the university of his her absence. The University will determine whether a situation is one that prevents the Coach from informing it of his her 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.

Appears in 1 contract

Samples: Employment Agreement

Termination by Coach. a. Coach recognizes that his 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 his her continued employment by entering into this Agreement and that its investment would be lost were he she to resign or otherwise terminate his 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 head menwomen’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 she must notify head menwomen’s basketball coach in writing. While Coach is assigned to the position of assistant menwomen’s basketball coach, such termination by Coach must occur at a time other than during the period of intercollegiate menwomen’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 post-season play in which the Oregon menwomen’s basketball team is competing), unless both parties mutually agree otherwise. However, so long as the termination occurs other than during the Period of Competitionwomen’s basketball season, 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 Competitionregular and, if relevant, post-season play, University may require Coach to continue his her coaching and other responsibilities, or University may reassign Coach until the completion of all play. Simultaneously with such notice of terminationnotice, Coach shall inform University in writing of his her employment plans following the termination of his her employment with University. Coach shall be deemed to have resigned his her employment and terminated this agreement, as provided for in section 6.3, if Coach does not perform his her duties for more than 30 days and such absence is unexcused, meaning that he she did not obtain consent from University 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 University the university of his her absence. The University will determine whether a situation is one that prevents the Coach from informing it of his her 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.

Appears in 1 contract

Samples: Employment Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!