Common use of Termination By the Company For Any Other Reason Clause in Contracts

Termination By the Company For Any Other Reason. In the event that the Employee's employment hereunder is terminated by the Company during the Employment Period for any reason other than as provided in Sections 11.2 or 11.3 hereof, which shall include, but not be limited to, any termination by the Company due to or arising from a change in control of the Company's common and/or preferred stock ownership and/or a change in the composition of the Board of Directors of the Company such that a majority of the Board of Directors of the Company are not Continuing Directors, then the Company shall pay to the Employee, (i) within thirty (30) days of the date of such termination, the Base Salary through such date of termination, (ii) the amount of any Bonus payable under the Bonus Plan through such date of termination, which Bonus, if any, shall be payable at the time provided in the Bonus Plan, and (iii) in lieu of any further compensation, benefits or other amounts for the balance of the Employment Period, severance pay equal only to the Base Salary that Executive would have otherwise received during the period beginning on such date of termination and ending on the earlier of (i) the scheduled termination date of the Employment Period under this Agreement or (ii) such time as

Appears in 2 contracts

Samples: Employment Agreement (Diamond Triumph Auto Glass Inc), Employment Agreement (Diamond Triumph Auto Glass Inc)

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Termination By the Company For Any Other Reason. In the event that the Employee's employment hereunder is terminated by the Company during the Employment Period for any reason other than as provided in Sections 11.2 or 11.3 hereof, which shall include, but not be limited to, any termination by the Company due to or arising from a change in control of the Company's common and/or preferred stock ownership and/or a change in the composition of the Board of Directors of the Company such that a majority of the Board of Directors of the Company are not Continuing Directors, then the Company shall pay to the Employee, (i) within thirty (30) days of the date of such termination, the Base Salary through such date of termination, (ii) the amount of any Bonus payable under the Bonus Plan through such date of termination, which Bonus, if any, shall be payable at the time provided in the Bonus Plan, and (iii) in lieu of any further compensation, benefits or other amounts for the balance of the Employment Period, severance pay equal only to the Base Salary that Executive would have otherwise received during the period beginning on such date of termination and ending on the earlier of (i) the scheduled termination date of the Employment Period under this Agreement or (ii) such time asas Employee obtains other employment which provides for compensation in an amount reasonably comparable to the amount of the Base Salary (it being understood that the Company's obligation under clause (iii) of this Section 11.4 shall be reduced by any amounts received by the Executive by reason of any other employment), which severance pay shall be paid commencing with such date of termination at the times and in the amounts such Base Salary would have been paid.

Appears in 1 contract

Samples: Employment Agreement (Diamond Triumph Auto Glass Inc)

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Termination By the Company For Any Other Reason. In the event that the Employee's employment hereunder is terminated by the Company during the Employment Period for any reason other than as provided in Sections 11.2 or 11.3 hereof, which shall include, but not be limited to, any termination by the Company due to or arising from a change in control of the Company's common and/or preferred stock ownership and/or a change in the composition of the Board of Directors of the Company such that a majority of the Board of Directors of the Company are not Continuing Directors, then the Company shall pay to the Employee, (i) within thirty (30) days of the date of such termination, the Base Salary through such date of termination, (ii) the amount of any Bonus payable under the Bonus Plan through such date of termination, which Bonus, if any, shall be payable at the time provided in the Bonus Plan, and (iii) in lieu of any further compensation, benefits or other amounts for the balance of the Employment Period, severance pay equal only to the Base Salary that Executive would have otherwise received during the period beginning on such date of termination and ending on the earlier of (i) the scheduled termination date of the Employment Period under this Agreement or (ii) such time asas Employee obtains other employment which provides for compensation in an amount reasonably comparable to the amount of the Base Salary (it being understood that the Company's obligation under clause (iii) of this Section 11.4 shall be reduced by any amounts received by the Executive by reason of any other employment, which severance pay shall be paid commencing with such date of termination at the times and in the amounts such Base Salary would have been paid.

Appears in 1 contract

Samples: Employment Agreement (Diamond Triumph Auto Glass Inc)

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