Common use of Termination by Employee for Cause Clause in Contracts

Termination by Employee for Cause. This Agreement may be terminated by EMPLOYEE in the event of a breach by FMC of any of its obligations under this Agreement, provided EMPLOYEE gives FMC written notice specifying the manner in which he believes FMC has breached this Agreement and FMC has thirty (30) days from receipt of such notice to cure such breach, or in the case of other than a non-payment of money breach, if such breach cannot be cured within thirty (30) days, to commence a good faith effort to cure. Additionally, this Agreement may be terminated by Employee, if there is a reduction in Employee's responsibilities or FMC experiences a change in control defined as any of the following: i) the transfer (whether by sale, dividend, exchange, lease, merger, consolidation or otherwise) of greater that 50 percent (50%) of the voting power of FMC; ii) the transfer (whether by sale, dividend, exchange, lease, merger, consolidation or otherwise) of all or substantially all the assets or stock of FMC; or iii) any other action which results in persons other than the current majority shareholders of FMC, having the voting power to direct the management of FMC or if FMC relocates its corporate headquarters more than fifty (50) miles from its present location in Lexington, Massachusetts.

Appears in 3 contracts

Samples: Employment Agreement (Fresenius Medical Care Holdings Inc /Ny/), Employment Agreement (Fresenius Medical Care Holdings Inc /Ny/), Employment Agreement (Fresenius Medical Care Holdings Inc /Ny/)

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Termination by Employee for Cause. This Agreement may be terminated by EMPLOYEE in the event of a breach by FMC of any of its obligations under this Agreement, provided EMPLOYEE gives FMC FMCNA written notice specifying the manner in which he believes FMC FMCNA has breached this Agreement and FMC FMCNA has thirty (30) days from receipt of such notice to cure such breach, or in the case of other than a non-payment of money breach, if such breach cannot be cured within thirty (30) days, to commence a good faith effort to cure. Additionally, this Agreement may be terminated by EmployeeEMPLOYEE, if there is a reduction in EmployeeEMPLOYEE's responsibilities or FMC FMCNA experiences a change in control defined as any of the following: i) the transfer (whether by sale, dividend, exchange, lease, merger, consolidation or otherwise) of greater that 50 than fifty percent (50%) of the voting power of FMCFMCNA; ii) the transfer (whether by sale, dividend, exchange, lease, merger, consolidation or otherwise) of all or substantially all the assets or stock of FMCFMCNA; or iii) any other action which results in persons other than the current majority shareholders of FMCFMCNA, having the voting power to direct the management of FMC FMCNA or if FMC FMCNA relocates its corporate headquarters more than fifty (50) miles from its present location in Lexington, Massachusetts.

Appears in 1 contract

Samples: Employment Agreement (Fresenius Medical Care Holdings Inc /Ny/)

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Termination by Employee for Cause. This Agreement may be terminated by EMPLOYEE in the event of a breach by FMC FMCNA of any of its obligations under this Agreement, provided EMPLOYEE gives FMC FMCNA written notice specifying the manner in which he believes FMC FMCNA has breached this Agreement and FMC has thirty (30) days from receipt of such notice to cure such breach, or in the case of other than a non-payment of money breach, if such breach cannot be cured within thirty (30) days, to commence a good faith effort to cure. Additionally, this Agreement may be terminated by Employee, if there is a reduction in Employee's responsibilities or FMC FMCNA experiences a change in control defined as any of the following: i) the transfer (whether by sale, dividend, exchange, lease, merger, consolidation or otherwise) of greater that 50 percent (50%) of the voting power of FMCFMCNA; ii) the transfer (whether by sale, dividend, exchange, lease, merger, consolidation or otherwise) of all or substantially all the assets or stock of FMC; or iii) any other action which results in persons other than the current majority shareholders of FMCFMCNA, having the voting power to direct the management of FMC FMCNA or if FMC FMCNA relocates its corporate headquarters more than fifty (50) miles from its present location in Lexington, Massachusetts.

Appears in 1 contract

Samples: Employment Agreement (Fresenius Medical Care Holdings Inc /Ny/)

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