Termination by Coach. (a) This Agreement may be terminated by Coach by giving University written notice of the termination of Coach’s employment with University. In the event such termination occurs prior to the comple tion of the then-current season, including any Big Ten Championsh ip, Bowl, College Football Playoff, or College Football Championship games, Coach may be required to pay to the University, at University’s sole discretion, in lieu of any and all other legal remedies, damages of any type or equitable relief available to the University, and without regard to actions by the University to mitigate its damages, liquida xxx damages in an amount of Fifty Thousand Dollars ($50,000). Such liquidated damages shall be due and payable within one hundred twenty (120) days after such termination. (b) The parties have bargained for and agreed to the foregoing liquida xxx damages provision, giving consideration to the fact that University will incur administrative , recruiting, and resettlement costs in obtaining a replacement for Coach in addition to potentially increased compensation costs if Coach terminates this Agreement, whic h damages are extremely difficult to determine fairly or with certainty. The parties further agree that the payment of such liquidated damages by Coach and acceptance thereof by University shall constitute adequate and reasonable compensation to University for the damages and injury suffered by University because of such termination by Coach. The parties acknowledge that the foregoing is not, nor should it be construed to be, a penalty, and shall be binding upon the parties. (c) In either event, Coach may be entitled to continue Coach’s health insurance plan at Coach’s own expense through a private source or COBRA as permitted under applicable law. As permitted by Wisconsin law, Coach may secure a conversion policy for Coach’s UW group term life insurance. Any other employee benefits that Coach was receiving at the time of termination will be terminated, including contributions to University retirement plans. In no case shall University be liable for the loss of any collateral business opportunities or any other benefits, perquisites, or income from any sources that may ensue as a result of University's termination of this Agreement without cause
Appears in 6 contracts
Samples: Employment Agreement, Employment Agreement, Employment Agreement
Termination by Coach. (a) This Agreement may be terminated by Coach by giving University written notice of the termination of Coach’s employment with University. In the event such termination occurs prior to the comple tion of the then-current season, including any Big Ten Championsh ip, Bowl, College Football Playoff, or College Football Championship games, Coach may be required to pay pay, or cause to be paid, to the University, at University’s sole discretion, in lieu of any and all other legal remedies, damages of any type or equitable relief available to the University, and without regard to actions by the University to mitigate mitiga te its damages, liquida xxx liquidated damages in an amount of Fifty Thousand Dollars ($50,000). Such liquidated damages shall be due and payable within one hundred twenty (120) days after such termination.
(b) The parties have bargained for and agreed to the foregoing liquida xxx damages provision, giving consideration to the fact that University will incur administrative , recruiting, and resettlement costs in obtaining a replacement for Coach in addition to potentially increased compensation costs if Coach terminates this Agreement, whic h damages are extremely difficult to determine fairly or with certainty. The parties further agree that the payment of such liquidated damages by Coach and acceptance thereof by University shall constitute adequate and reasonable compensation to University for the damages and injury suffered by University because of such termination by Coach. The parties acknowledge that the foregoing is not, nor should it be construed to be, a penalty, and shall be binding upon the parties.
(c) In either event, Coach may be entitled to continue Coach’s health insurance plan at Coach’s own expense through a private source or COBRA as permitted under applicable law. As permitted by Wisconsin law, Coach may secure a conversion policy for Coach’s UW group term life insurance. Any other employee benefits that Coach was receiving at the time of termination will be terminated, including contributions to University retirement plans. In no case shall University be liable for the loss of any collateral business opportunities or any other benefits, perquisites, or income from any sources that may ensue as a result of University's termination of this Agreement without cause
Appears in 2 contracts
Samples: Employment Agreement, Employment Agreement
Termination by Coach. (a) This Agreement may be terminated by Coach by giving University written notice of the termination of Coach’s employment with University. In the event such termination occurs prior to the comple tion of the then-current season, including any Big Ten Championsh ip, Bowl, College Football Playoff, or College Football Championship games, Coach may be required to pay to the University, at University’s sole discretion, in lieu of any and all other legal remedies, damages of any type or equitable relief available to the University, and without regard to actions by the University to mitigate its damages, liquida xxx damages in an amount of Fifty One Hundred Thousand Dollars ($50,000100,000). Such liquidated damages shall be due and payable within one hundred xxxxxx d twenty (120) days after such termination.
(b) The parties have bargained for and agreed to the foregoing liquida xxx damages provision, giving consideration to the fact that University will incur administrative , recruiting, and resettlement costs in obtaining a replacement for Coach in addition to potentially increased compensation costs if Coach terminates this Agreement, whic h which damages are extremely difficult to determine fairly or with certainty. The parties further agree that the payment of such liquidated damages by Coach and acceptance thereof by University shall constitute adequate and reasonable compensation to University for the damages and injury suffered by University because of such termination by Coach. The parties acknowledge that the foregoing is not, nor should it be construed to be, a penalty, and shall be binding upon the parties.
(c) In either event, Coach may be entitled to continue Coach’s health insurance plan at Coach’s own expense through a private source or COBRA as permitted under applicable law. As permitted by Wisconsin law, Coach may secure a conversion policy for Coach’s UW group term life insurance. Any other employee benefits that Coach was receiving at the time of termination will be terminated, including contributions to University retirement plans. In no case shall University be liable for the loss of any collateral business opportunities or any other benefits, perquisites, or income from any sources that may ensue as a result of University's termination of this Agreement without cause
Appears in 1 contract
Samples: Employment Agreement
Termination by Coach. (a) This Agreement may be terminated by Coach by giving University shall have the right to terminate this Employment Agreement, including any extensions hereto, prior to its expiration date upon fifteen (15) days written notice of to the termination of Coach’s employment with University. In such event, if Coach accepts another coaching position at any time during the event such termination occurs prior to the comple tion remaining term of the then-current season, including any Big Ten Championsh ip, Bowl, College Football Playoff, or College Football Championship gamesthis Employment Agreement as set forth in Paragraph 3 herein, Coach may be required to shall pay to the University, at University’s sole discretion, in lieu of any and all other legal remedies, damages of any type or equitable relief available to the University, and without regard to actions by the University to mitigate its damages, liquida xxx liquidated damages in an the amount of Two Hundred Fifty Thousand Dollars ($50,000)250,000) per year for the remaining term of this Employment Agreement, including a pro-rated amount for any partial year. Such It is agreed that Coach shall pay such liquidated damages shall be due and payable in lump sum within one hundred twenty ninety (12090) days after such following the effective date of termination.
(b) The parties acknowledge that they have bargained for and agreed to the foregoing liquida xxx liquidated damages provision, giving consideration to the fact that termination of this Employment Agreement by Coach prior to its natural expiration may cause the University will incur administrative to incur, recruitingamong other things, administrative, recruiting and resettlement costs in obtaining a replacement for Coach in addition to potentially increased compensation costs if Coach terminates this Agreementand loss of ticket revenues, whic h potential damage to the University’s reputation, lost recruits and recruiting opportunities, reduced membership in the Gamecock Club and a decline in donations to the Athletics Department, which damages are extremely difficult to determine fairly or adequately or with certainty. Similarly, the parties recognize that the University is giving up its right to seek damages in excess of the above stated limits. The parties further agree that the payment of such liquidated damages by Coach and acceptance thereof by University shall constitute adequate and reasonable compensation to the University for the damages and injury suffered by University it because of such termination by Coach. The parties acknowledge that the foregoing is not, nor should it be construed to be, a penalty, and shall be binding upon the both parties.
(c) In either event, Coach may be entitled to continue Notwithstanding Coach’s health insurance plan at Coach’s own expense obligation to pay liquidated damages as set forth in Paragraph 12.03(a) herein, the University shall pay Coach his base salary as set forth in Paragraph 4.01 herein until the effective date of termination, as well as any annual guaranteed compensation increase and incentive-based supplemental compensation earned by Coach pursuant to Paragraphs 4.04 and 4.05 herein respectively through a private source or COBRA as permitted under applicable law. As permitted the effective date of termination, and any payments by Wisconsin law, Coach may secure a conversion policy for Coach’s UW group term life insurance. Any other employee benefits the University pursuant to Paragraphs 10.02(c) and 10.03 herein necessary to ensure that Coach was receiving at the time of termination will be terminated, including contributions to University retirement plans. In no case shall University be liable for the loss receives a pro rata share of any collateral business opportunities or any other benefitscompensation due to him for television and radio, perquisitesendorsements, or income from any sources that may ensue as a result athletics shoes, equipment and coaching apparel, through the effective date of University's termination of this Agreement without causetermination.
Appears in 1 contract
Samples: Employment Agreement