Termination By Company Without Cause or by Executive With Good Reason; Accrued Obligations. (i) If Executive’s employment with the Company is terminated by the Company for any reason other than for Cause, death or Disability (as defined below) or if Executive resigns for Good Reason (a defined below), then, subject to Executive continuing to fulfill his obligations under Section 5 of this Agreement, and following the expiration of any applicable revocation periods, Executive shall receive (and paid periodically in accordance with the Company’s normal payroll policies) continuing payments of Base Salary for a period of three (3) months after such termination (the “Severance Period”). The payments made or payable to Executive under this Section 6(b)(i) shall be hereinafter referred to as the “Severance Payments”. (ii) Executive shall only be entitled to receive the Severance Amount if Executive signs a Separation Agreement at the time of termination in a form prepared by and acceptable to the Company that includes adequate provisions for at least the following: (A) Executive’s general release of any and all legal claims; (B) Executive’s return of all of the Company’s property in Executive’s possession; (C) nondisparagement of the Company, any affiliated entities, and their Executives and representatives; (D) confidentiality of terms; and (E) acknowledgement of Executive’s continuing contractual obligations to the Company, including Executive’s continuing noncompetition, confidentiality, and invention obligations. (iii) If the Executive is terminated for any reason the Company shall pay Executive, or, his estate, if applicable, (A) any portion of the Base Salary that has accrued but not been paid through the date of such termination, and (B) expense and relocation reimbursements due to Executive through the date of termination (if any) (collectively the “Accrued Obligations”).
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Samples: Employment Agreement (Famous Daves of America Inc), Employment Agreement (Famous Daves of America Inc)
Termination By Company Without Cause or by Executive With Good Reason; Accrued Obligations. (i) If Executive’s employment with the Company is terminated by the Company for any reason other than (A) for Cause, death or Disability (as defined below) or if (B) for Executive resigns resigning for Good Reason (as defined below), so long as Executive has signed (and at no time revokes) a Release Agreement (as defined below), then, subject ‘to Executive continuing to fulfill his obligations under Section 5 of this Agreement, and following the expiration of any applicable revocation periodshereof, Executive shall be entitled to receive (and paid periodically in accordance with the Company’s normal payroll policies) continuing payments of Base Salary for a period of three six (36) months after such termination (the “Severance Period”); provided however, that any installments that otherwise would be payable on the Company’s regular payroll dates between Executive’s termination date and the expiration of the rescission period applicable to the Release Agreement (as defined below) will be delayed until the Company’s first regular payroll date that is after the expiration of the rescission period applicable to the Release Agreement and included with the installment payable on such payroll date; and provided further, if Executive’s termination date occurs on or before December 31 of a calendar year, then Severance Payments (as defined below) that otherwise remain payable to Executive under this Section 6(b)(i) as March 15 of the calendar year following such termination (if any) will be paid to Executive in a lump sum on such March 15 . At its option and in its sole discretion, the Company shall, so long as it continues to make payments of Base Salary to Executive, have the right to extend the length of the Severance Period for an additional period of time. The payments made or payable to Executive under this Section 6(b)(i) shall be hereinafter referred to as the “Severance Payments”.
(ii) Executive shall only be entitled to receive Regardless of the Severance Amount if Executive signs a Separation Agreement at the time of termination in a form prepared by and acceptable to the Company that includes adequate provisions reason for at least the following: (A) Executive’s general release of any and all legal claims; (B) Executive’s return of all of the Company’s property in Executive’s possession; (C) nondisparagement of termination from the Company, any affiliated entities, and their Executives and representatives; (D) confidentiality of terms; and (E) acknowledgement of Executive’s continuing contractual obligations to the Company, including Executive’s continuing noncompetition, confidentiality, and invention obligations.
(iii) If the Executive is terminated for any reason the Company shall pay Executive, oror in the case of Executive’s death, his estate, if applicable, (A) any portion of the Base Salary that has accrued but not been paid through the date of such termination, and (B) all accrued vacation, expense and relocation housing reimbursements due to Executive through the date of termination (if any) (collectively the “Accrued Obligations”).
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Termination By Company Without Cause or by Executive With Good Reason; Accrued Obligations. (i) If Executive’s employment with the Company is terminated by the Company for any reason other than for Cause, death or Disability (as defined below) or if Executive resigns for Good Reason (a defined below), so long as Executive has signed (and at no time revokes) a Release Agreement (as defined below), then, subject to Executive continuing to fulfill his obligations under Section 5 of this Agreement, and following the expiration of any applicable revocation periodshereof, Executive shall be entitled to receive (and paid periodically in accordance with the Company’s normal payroll policies) continuing payments of Base Salary for a period of three twelve (312) months after such termination (the “Severance Period”); provided however, that any installments that otherwise would be payable on the Company’s regular payroll dates between Executive’s termination date and the expiration of the rescission period applicable to the Release Agreement (as defined below) will be delayed until the Company’s first regular payroll date that is after the expiration of the rescission period applicable to the Release Agreement and included with the installment payable on such payroll date; and provided further, if Executive’s termination date occurs on or before December 31 of a calendar year, then Severance Payments (as defined below) that otherwise remain payable to Executive under this Section 6(b)(i) as of March 15 of the calendar year following such termination (if any) will be paid to Executive in a lump sum on such March 15. The payments made or payable to Executive under this Section 6(b)(i) shall be hereinafter referred to as the “Severance Payments”.
(ii) Executive shall only be entitled to receive Regardless of the Severance Amount if Executive signs a Separation Agreement at the time of termination in a form prepared by and acceptable to the Company that includes adequate provisions reason for at least the following: (A) Executive’s general release of any and all legal claims; (B) Executive’s return of all of the Company’s property in Executive’s possession; (C) nondisparagement of termination from the Company, any affiliated entities, and their Executives and representatives; (D) confidentiality of terms; and (E) acknowledgement of Executive’s continuing contractual obligations to the Company, including Executive’s continuing noncompetition, confidentiality, and invention obligations.
(iii) If the Executive is terminated for any reason the Company shall pay Executive, oror in the case of Executive’s death, his estate, if applicable, (A) any portion of the Base Salary that has accrued but not been paid through the date of such termination, and (B) all accrued vacation, expense and relocation housing reimbursements due to Executive through the date of termination (if any), and (C) any earned but unpaid Bonus from the previous year (collectively the “Accrued Obligations”).
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Termination By Company Without Cause or by Executive With Good Reason; Accrued Obligations. (i) If Executive’s employment with the Company is terminated by the Company for any reason (for the avoidance of doubt, a termination of Executive by the Company within six (6) months after a Change of Control (as defined below) shall be deemed a not for Cause termination) other than for Cause, death or Disability (as defined below) or if Executive resigns for Good Reason (as defined below), so long as Executive has signed (and at no time revokes) a Release Agreement (as defined below), then, subject to Executive continuing to fulfill his obligations under Section 5 of this Agreement, and following the expiration of any applicable revocation periodshereof, Executive shall be entitled to receive (and paid periodically in accordance with the Company’s normal payroll policies) continuing payments of Base Salary for a period equal to the lesser of: (x) six (6) months after such termination; or (y) the greater of three remainder of what would have been the Employment Term had the Executive had not been terminated and four (34) months after such termination ((x) or (y), as applicable, the “Severance Period”); provided however, at its option and in its sole discretion, the Company shall, so long as it continues to make payments of Base Salary to Executive, have the right to extend the length of the Severance Period for an additional period of time, provided that the entire Severance Period shall in no event exceed twelve (12) months in total. The payments made or payable to Executive under this Section 6(b)(i) shall be hereinafter referred to as the “Severance Payments”.
(ii) Executive shall only be entitled to receive In the Severance Amount if Executive signs a Separation Agreement at the time of termination in a form prepared by and acceptable to the Company that includes adequate provisions for at least the following: (A) Executive’s general release of any and all legal claims; (B) Executive’s return of all of the Company’s property in Executive’s possession; (C) nondisparagement of the Company, any affiliated entities, and their Executives and representatives; (D) confidentiality of terms; and (E) acknowledgement case of Executive’s continuing contractual obligations to the Companydeath, including Executive’s continuing noncompetition, confidentiality, and invention obligations.
(iii) If Disability or if the Executive is terminated for any reason reason, the Company shall pay Executive, or, his estate, if applicable, (A) any portion of the Base Salary that has accrued but not been paid through the date of such termination, and (B) all accrued vacation, expense and relocation housing reimbursements due to Executive through the date of termination (if any) (collectively the “Accrued Obligations”).
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