Common use of Termination by Coach Clause in Contracts

Termination by Coach. a. Coach recognizes that her promise to work for the University for the entire Term of this Agreement is of essence to this Agreement. Coach also recognizes that the University is making a highly valuable investment in her continued employment by entering into this Agreement and that its investment would be lost were she to resign or otherwise terminate her employment with the University prior to the expiration of the Term of this Agreement. In recognition of these facts, the parties agree that Coach’s decision to terminate this Agreement prior to its expiration will be subjected to the following terms and conditions. b. If Coach wishes to pursue other employment opportunities, Coach is required to provide deputy athletic director with written or verbal notice prior to meeting with representatives from another entity to discuss such employment opportunities. If Coach terminates this Agreement during its Term she must notify deputy athletic director in writing. While Coach is assigned to the position of head women’s tennis coach, such termination by Coach must occur at a time other than during the women’s tennis competition (including post-season play in which the Oregon women’s tennis team is competing), unless both parties mutually agree otherwise. However, so long as the termination occurs other than during the women’s tennis season, nothing limits Coach’s ability to provide notice at any time. If Coach gives notice prior to the completion of regular and, if relevant, post-season play, University may require Coach to continue her coaching and other responsibilities, or University may reassign Coach until the completion of all play. Simultaneously with such notice, Coach shall inform University in writing of her employment plans following the termination of her employment with University. Coach shall be deemed to have resigned her employment and terminated this agreement, as provided for in section 6.3, if Coach does not perform her duties for more than 30 days and such absence is unexcused, meaning that she did not obtain consent from the university prior to taking leave and the absence is not attributable to a medical emergency or other situation that prevented the Coach from informing the university of her absence. The University will determine whether a situation is one that prevents the Coach from informing it of her absence. If Coach resigns under Section 6.3, the University shall have no further financial obligation to Coach beyond the effective 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 2: $100,000 After the end of Contract Year 2, but before the end of Contract Year 4: $ 75,000 After the end of Contract Year 4, but before the end of Contract Year 5: $ 50,000 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.

Termination by Coach. a. Coach recognizes that her 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 her his continued employment by entering into this Agreement and that its investment would be lost were she he to resign or otherwise terminate her 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 deputy athletic director head men’s 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 she he must notify deputy athletic director head men’s tennis coach in writing. While Coach is assigned to the position of head womenassistant men’s tennis coach, such termination by Coach must occur at a time other than during the womenmen’s tennis competition (including post-season play in which the Oregon womenmen’s tennis team is competing), unless both parties mutually agree otherwise. However, so long as the termination occurs other than during the womenmen’s tennis season, nothing limits Coach’s ability to provide notice at any time. If Coach gives notice prior to the completion of regular and, if relevant, post-season play, University may require Coach to continue her his coaching and other responsibilities, or University may reassign Coach until the completion of all play. Simultaneously with such notice, Coach shall inform University in writing of her his employment plans following the termination of her his employment with University. Coach shall be deemed to have resigned her his employment and terminated this agreement, as provided for in section 6.3, if Coach does not perform her his duties for more than 30 days and such absence is unexcused, meaning that she he did not obtain consent from the university prior to taking leave and the absence is not attributable to a medical emergency or other situation that prevented the Coach from informing the university of her his absence. The University will determine whether a situation is one that prevents the Coach from informing it of her 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 2: $100,000 After the end of Contract Year 2, but before the end of Contract Year 4: $ 75,000 After the end of Contract Year 4, but before the end of Contract Year 5: $ 50,000 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.

Termination by Coach. a. Coach recognizes that her 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 her his continued employment by entering into this Agreement and that its investment would be lost were she he to resign or otherwise terminate her 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 deputy athletic director head men’s 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 she he must notify deputy athletic director head men’s golf coach in writing. While Coach is assigned to the position of head womenassistant men’s tennis golf coach, such termination by Coach must occur at a time other than during the womenmen’s tennis golf competition (including post-season play in which the Oregon womenmen’s tennis golf team is competing), unless both parties mutually agree otherwise. However, so long as the termination occurs other than during the womenmen’s tennis golf season, nothing limits Coach’s ability to provide notice at any time. If Coach gives notice prior to the completion of regular and, if relevant, post-season play, University may require Coach to continue her his coaching and other responsibilities, or University may reassign Coach until the completion of all play. Simultaneously with such notice, Coach shall inform University in writing of her his employment plans following the termination of her his employment with University. Coach shall be deemed to have resigned her his employment and terminated this agreement, as provided for in section 6.3, if Coach does not perform her his duties for more than 30 days and such absence is unexcused, meaning that she he did not obtain consent from the university prior to taking leave and the absence is not attributable to a medical emergency or other situation that prevented the Coach from informing the university of her his absence. The University will determine whether a situation is one that prevents the Coach from informing it of her his absence. If Coach resigns under Section 6.3, the University shall have no further financial obligation to Coach beyond the beyondthe 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 2: $100,000 After the end of Contract Year 2, but before the end of Contract Year 4: $ 75,000 After the end of Contract Year 4, but before the end of Contract Year 5: $ 50,000 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.

Termination by Coach. a. Coach recognizes that her 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 her his continued employment by entering into this Agreement and that its investment would be lost were she he to resign or otherwise terminate her 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 deputy athletic director director/SWA with written or verbal notice prior to meeting with representatives from another entity to discuss such employment opportunities. If Coach terminates this Agreement during its Term she he must notify deputy athletic director director/SWA in writing. While Coach is assigned to the position of head women’s tennis volleyball coach, such termination by Coach must occur at a time other than during the women’s tennis competition volleyball competitions (including post-season play in which the Oregon women’s tennis volleyball team is competing), unless both parties mutually agree otherwise. However, so long as the termination occurs other than during the women’s tennis volleyball season, nothing limits Coach’s ability to provide notice at any time. If Coach gives notice prior to the completion of regular and, if relevant, post-season play, University may require Coach to continue her his coaching and other responsibilities, or University may reassign Coach until the completion of all play. Simultaneously with such notice, Coach shall inform University in writing of her his employment plans following the termination of her his employment with University. Coach shall be deemed to have resigned her his employment and terminated this agreement, as provided for in section 6.3, if Coach does not perform her his duties for more than 30 days and such absence is unexcused, meaning that she he did not obtain consent from the university prior to taking leave and the absence is not attributable to a medical emergency or other situation that prevented the Coach from informing the university of her his absence. The University will determine whether a situation is one that prevents the Coach from informing it of her 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 2: $100,000 After the end of Contract Year 2, but before the end of Contract Year 4: $ 75,000 After the end of Contract Year 4, but before the end of Contract Year 5: $ 50,000 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.