Termination by the Company with Cause. (i) The Company may terminate Employee’s employment at any time with Cause, effective upon Employee’s receipt of written notice of such termination; provided, however, that with respect to any Cause termination relying on clause (i) or (ii) of the definition of Cause set forth in Section 1(d) hereof, to the extent that such act or acts or failure or failures to act are curable, Employee shall be given ten (10) days’ written notice by the Company of its intention to terminate him with Cause, such notice to state the act or acts or failure or failures to act that constitute the grounds on which the proposed termination with Cause is based, and such termination shall be effective at the expiration of such ten (10) day notice period unless Employee has fully cured such act or acts or failure or failures to act, to the Company’s complete satisfaction, that give rise to Cause during such period. (ii) In the event that the Company terminates Employee’s employment with Cause, Employee shall be entitled only to the Accrued Obligations. Following such termination of Employee’s employment with Cause, except as set forth in this Section 7(c)(ii), Employee shall have no further rights to any compensation or any other benefits under this Agreement. For the avoidance of doubt, Employee’s sole and exclusive remedy upon a termination of employment by the Company with Cause shall be receipt of the Accrued Obligations.
Appears in 16 contracts
Samples: Employment Agreement, Offer of Employment, Offer of Employment (Novelion Therapeutics Inc.)
Termination by the Company with Cause. (i) The Company may terminate EmployeeExecutive’s employment at any time with Cause, effective upon EmployeeExecutive’s receipt of written notice of such termination; provided, however, that with respect to any Cause termination relying on clause (i) or (ii) of the definition of Cause set forth in Section 1(d) hereofthat, to the extent that such act or acts or failure or failures to act giving rise to Cause are curable, Employee Executive shall be given ten not less than thirty (1030) days’ written notice by the Company Board (the “Cause Cure Notice”) of its the Company’s intention to terminate him with Cause, such notice to state in detail the particular act or acts or failure or failures to act that constitute the grounds on which the proposed termination with Cause is based, and such termination shall be effective at the expiration of such ten thirty (1030) day notice period (the “Cause Cure Notice Period”) unless Employee Executive has fully materially cured such act or acts or failure or failures to act, to the Company’s complete satisfaction, act that give rise to Cause during such period.
(ii) In the event that the Company terminates EmployeeExecutive’s employment with Cause, Employee he shall be entitled only to the Accrued Obligations. Following such termination of EmployeeExecutive’s employment with Cause, except as set forth in this Section 7(c)(ii8(c)(ii), Employee Executive shall have no further rights to any compensation or any other benefits under this Agreement. For the avoidance of doubt, Employee’s sole and exclusive remedy upon a termination of employment by the Company with Cause shall be receipt of the Accrued Obligations.
Appears in 8 contracts
Samples: Employment Agreement (Cowen Inc.), Employment Agreement (Cowen Inc.), Employment Agreement (Cowen Inc.)
Termination by the Company with Cause. (i) The Company may terminate EmployeeExecutive’s employment at any time with Cause, effective upon EmployeeExecutive’s receipt of written notice of such termination; provided, howeverprovided that, that to be effective, such written notice must be provided to Executive within sixty (60) days of the Board having actual knowledge of the occurrence of such event and further provided that, with respect to any Cause termination relying on clause (i) ii), (vi), or (iivii) of the definition of Cause set forth in Section 1(d1(f) hereof, to the extent that such act or acts or failure or failures to act are curable, Employee the Board shall be given ten (10) days’ provide Executive with written notice by of the Company of its Company’s intention to terminate him Executive with Cause, such notice to state in detail the particular act or acts or failure or failures to act that constitute the grounds on which the proposed termination with Cause is based, based and to provide Executive with ten (10) days to cure the particular act or acts or failure or failures to act (the “Cure Period”) and such termination shall be effective at the expiration of such ten (10) day notice period the Cure Period unless Employee Executive has fully cured such act or acts or failure or failures to act, to the Company’s complete satisfaction, act that give rise to Cause during such periodCure Period.
(ii) In the event that the Company terminates EmployeeExecutive’s employment with Cause, Employee Executive shall be entitled only to the Accrued Obligations. Following such termination of EmployeeExecutive’s employment with Cause, except as set forth in this Section 7(c)(ii8(c)(ii), Employee Executive shall have no further rights to any compensation or any other benefits under this Agreement. For the avoidance of doubt, Employee’s sole and exclusive remedy upon a termination of employment by the Company with Cause shall be receipt of the Accrued Obligations.
Appears in 6 contracts
Samples: Employment Agreement (Healthequity, Inc.), Employment Agreement (Healthequity Inc), Employment Agreement (Healthequity Inc)
Termination by the Company with Cause. (i) The Company may terminate EmployeeExecutive’s employment at any time with Cause, effective upon EmployeeExecutive’s receipt of written notice of such termination; provided, however, that with respect to any Cause termination relying on clause (i), (v) or (iiviii) of the definition of Cause set forth in Section 1(d1(e) hereof, to the extent that such act or acts or failure or failures to act are curable, Employee Executive shall be given ten (10) days’ written notice by the Company of its intention to terminate him with Cause, such notice to state the act or acts or failure or failures to act that constitute the grounds on which the proposed termination with Cause is based, and such termination shall be effective at the expiration of such ten (10) day notice period unless Employee Executive has fully cured such act or acts or failure or failures to act, to the Company’s complete satisfaction, that give rise to Cause during such period.
(ii) In the event that the Company terminates EmployeeExecutive’s employment with Cause, Employee Executive shall be entitled only to the Accrued ObligationsObligations (disregarding, for this purpose, clause (iii) of Section 1(a)). Following such termination of EmployeeExecutive’s employment with Cause, except as set forth in this Section 7(c)(ii), Employee Executive shall have no further rights to or interest in any compensation or any other benefits under this Agreement. For the avoidance of doubt, EmployeeExecutive’s sole and exclusive remedy upon a termination of employment by the Company with Cause shall be receipt of the Accrued ObligationsObligations (disregarding, for this purpose, clause (iii) of Section 1(a)).
(iii) If Executive is terminated for Cause, he shall not be entitled to compensation for any accrued, but unused vacation days.
Appears in 5 contracts
Samples: Executive Employment Agreement (Edge Therapeutics, Inc.), Executive Employment Agreement (Edge Therapeutics, Inc.), Executive Employment Agreement (Edge Therapeutics, Inc.)
Termination by the Company with Cause. (i) The Company may terminate EmployeeExecutive’s employment at any time with Cause, effective upon EmployeeExecutive’s receipt of written notice of such termination; provided, however, that with respect to any Cause termination relying on clause (i), (ii), (v) or (iivii) of the definition of Cause set forth in Section 1(d1(e) hereof, to the extent that such act or acts or failure or failures to act are curable, Employee Executive shall be given ten (10) days’ written notice by the Company of its intention to terminate him with Cause, such notice to state the act or acts or failure or failures to act that constitute the grounds on which the proposed termination with Cause is based, and such termination shall be effective at the expiration of such ten (10) day notice period unless Employee Executive has fully cured such act or acts or failure or failures to act, to the Company’s complete satisfaction, that give rise to Cause during such period.
(ii) In the event that the Company terminates EmployeeExecutive’s employment with Cause, Employee Executive shall be entitled only to the Accrued ObligationsObligations (disregarding, for this purpose, clauses (iii) and (iv) of Section 1(a)). Following such termination of EmployeeExecutive’s employment with Cause, except as set forth in this Section 7(c)(ii), Employee Executive shall have no further rights to or interest in any compensation or any other benefits under this AgreementAgreement or otherwise. For the avoidance of doubt, EmployeeExecutive’s sole and exclusive remedy upon a termination of employment by the Company with Cause shall be receipt of the Accrued ObligationsObligations (disregarding, for this purpose, clauses (iii) and (iv) of Section 1(a)).
(iii) If Executive is terminated for Cause, Executive shall not be entitled to compensation for any accrued, but unused vacation days.
Appears in 2 contracts
Samples: Executive Employment Agreement (Edge Therapeutics, Inc.), Executive Employment Agreement (Edge Therapeutics, Inc.)
Termination by the Company with Cause. (i) The Company may terminate Employee’s employment at any time with Cause, effective upon Employee’s receipt of written notice of such termination; provided, however, that with respect to any Cause termination relying on clause (i) ), (ii), (v), or (iivi) of the definition of Cause set forth in Section 1(d1(h) hereof, to the extent that such act or acts or failure or failures to act are curable, as determined by the Board in its sole discretion, Employee shall be given ten thirty (1030) days’ written notice by the Company of its intention to terminate him his employment with Cause, such notice to state the act or acts or failure or failures to act that constitute the grounds on which the proposed termination with Cause is based, and such termination shall be effective at the expiration of such ten thirty (1030) day notice period unless Employee has fully cured such act or acts or failure or failures to act, to the Company’s complete satisfaction, that give rise to Cause during such period.
(ii) In the event that the Company terminates Employee’s employment with Cause, Employee shall be entitled only to the Accrued Obligations. Following such termination of Employee’s employment with Cause, except as set forth in this Section 7(c)(ii) or as otherwise provided in Section 7(g), Employee shall have no further rights to any compensation or any other benefits under this Agreement. For the avoidance of doubt, Employee’s sole and exclusive remedy upon a termination of employment by the Company with Cause shall be receipt of the Accrued Obligations.
Appears in 2 contracts
Samples: Employment Agreement (Inspyr Therapeutics, Inc.), Employment Agreement (Inspyr Therapeutics, Inc.)
Termination by the Company with Cause. (i) The Company may terminate EmployeeExecutive’s employment at any time with Cause, effective upon EmployeeExecutive’s receipt of written notice of such termination; provided, however, that with respect to any Cause termination relying on clause (iii) or (iivi) of the definition of Cause set forth in Section 1(d1(e) hereof, to the extent that such act or acts or failure or failures to act are curable, Employee Executive shall be given ten not less than twenty (1020) days’ written notice by the Company Board of its the Company’s intention to terminate him with Cause, such notice to state in detail the particular act or acts or failure or failures to act that constitute the grounds on which the proposed termination with Cause is based, and such termination shall be effective at the expiration of such ten twenty (1020) day notice period unless Employee Executive has fully cured such act or acts or failure or failures to act, to the Company’s complete satisfaction, act that give rise to Cause during such period.
(ii) In the event that the Company terminates EmployeeExecutive’s employment with Cause, Employee any unvested portion of the Equity Grants shall immediately be forfeited as of the termination date without any further action of the Parties, and Executive shall be entitled only to the Accrued Obligations. Following such termination of EmployeeExecutive’s employment with Cause, except as set forth in this Section 7(c)(ii8(c)(ii), Employee Executive shall have no further rights to any compensation or any other benefits under this Agreement. For the avoidance of doubt, Employee’s sole and exclusive remedy upon a termination of employment by the Company with Cause shall be receipt of the Accrued Obligations.
Appears in 2 contracts
Samples: Executive Employment Agreement (Biostem Technologies), Executive Employment Agreement (Biostem Technologies)
Termination by the Company with Cause. (i) The Company may terminate EmployeeExecutive’s employment at any time with Cause, effective upon EmployeeExecutive’s receipt of written notice of such termination; provided, however, that with respect to any Cause termination relying on clause (i), (ii), (v) or (iivii) of the definition of Cause set forth in Section 1(d1(e) hereof, to the extent that such act or acts or failure or failures to act are curable, Employee Executive shall be given ten (10) days’ written notice by the Company of its intention to terminate him with Cause, such notice to state the act or acts or failure or failures to act that constitute the grounds on which the proposed termination with Cause is based, and such termination shall be effective at the expiration of such ten (10) day notice period unless Employee Executive has fully cured such act or acts or failure or failures to act, to the Company’s complete satisfaction, that give rise to Cause during such period.
(ii) In the event that the Company terminates EmployeeExecutive’s employment with Cause, Employee Executive shall be entitled only to the Accrued ObligationsObligations (disregarding, for this purpose, clauses (iii) and (iv) of Section 1(a)). Following such termination of EmployeeExecutive’s employment with Cause, except as set forth in this Section 7(c)(ii), Employee Executive shall have no further rights to or interest in any compensation or any other benefits under this Agreement. For the avoidance of doubt, EmployeeExecutive’s sole and exclusive remedy upon a termination of employment by the Company with Cause shall be receipt of the Accrued ObligationsObligations (disregarding, for this purpose, clauses (iii) and (iv) of Section 1(a)).
(iii) If Executive is terminated for Cause, he shall not be entitled to compensation for any accrued, but unused vacation days.
Appears in 2 contracts
Samples: Executive Employment Agreement (Edge Therapeutics, Inc.), Executive Employment Agreement (Edge Therapeutics, Inc.)
Termination by the Company with Cause. (i) The Company may terminate Employee’s employment at any time with Cause, effective upon Employee’s receipt of written notice of such termination; provided, however, that with respect to any Cause termination relying on clause (i) ), (ii), (v), or (iivi) of the definition of Cause set forth in Section 1(d) hereofthis Agreement, to the extent that such act or acts or failure or failures to act are curable, Employee shall be given ten thirty (1030) days’ written notice by the Company of its intention to terminate him his employment with Cause, such notice to state the act or acts or failure or failures to act that constitute the grounds on which the proposed termination with Cause is based, and such termination shall be effective at the expiration of such ten thirty (1030) day notice period unless Employee has fully cured such act or acts or failure or failures to act, to the CompanyBoard’s complete satisfaction, that give rise to Cause during such period.
(ii) In the event that the Company terminates Employee’s employment with Cause, Employee shall be entitled only to the Accrued Obligations. Following such termination of Employee’s employment with Cause, except as set forth in this Section 7(c)(ii), Employee shall have no further rights to any compensation or any other benefits under this Agreement. For the avoidance of doubt, Employee’s sole and exclusive remedy compensation upon a termination of employment by the Company with Cause shall be receipt of the Accrued Obligations.
Appears in 2 contracts
Samples: Employment Agreement (Seneca Biopharma, Inc.), Employment Agreement (Seneca Biopharma, Inc.)
Termination by the Company with Cause. (i) The Company may terminate Employee’s employment at any time with Cause, effective upon Employee’s receipt of written notice of such termination; provided, however, that (x) with respect to any Cause termination relying on clause (i) or (ii) of the definition of Cause set forth in Section 1(d1(g) hereof, to the extent that such act or acts or failure or failures to act are curable, Employee shall be given not less than three (3) days’ written notice by the Board of its intention to terminate him with Cause, or (y) with respect to any Cause termination relying on clause (ii) or (vii) of the definition of Cause set forth in Section 1(g) hereof, to the extent that such act or acts or failure or failures to act are curable, Employee shall be given not less than ten (10) days’ written notice by the Company Board of its intention to terminate him with Cause, and with respect to each of clauses (x) and (y) hereof such notice to state in detail the particular act or acts or failure or failures to act that constitute the grounds on which the proposed termination with Cause is based, and such termination shall be effective at the expiration of such three (3) day or ten (10) day notice period period, as the case may be under clause (x) or (y) respectively, unless Employee has fully cured such act or acts or failure or failures to act, to the Company’s complete satisfaction, act that give rise to Cause during such period.
(ii) In the event that the Company terminates Employee’s employment with Cause, Employee he shall be entitled only to the Accrued Obligations. Following such termination of Employee’s employment with Cause, except as set forth in this Section 7(c)(ii8(c)(ii), Employee shall have no further rights to any compensation or any other benefits under this Agreement. For the avoidance of doubt, Employee’s sole and exclusive remedy upon a termination of employment by the Company with Cause shall be receipt of the Accrued Obligations.
Appears in 2 contracts
Samples: Employment Agreement (Fairpoint Communications Inc), Employment Agreement
Termination by the Company with Cause. (i) The Company may terminate EmployeeExecutive’s employment at any time with Cause, effective upon EmployeeExecutive’s receipt of written notice of such termination; provided, howeverprovided that, that to be effective, such written notice must be provided to Executive within sixty (60) days of the Board having actual knowledge of the occurrence of such event and further provided that, with respect to any Cause termination relying on clause clauses (i) ii), (vi), or (iivii) of the definition of Cause set forth in Section 1(d1(f) hereof, to the extent that such act or acts or failure or failures to act are curable, Employee the Board shall be given ten (10) days’ provide Executive with written notice by of the Company of its Company’s intention to terminate him Executive with Cause, such notice to state in detail the particular act or acts or failure or failures to act that constitute the grounds on which the proposed termination with Cause is based, based and to provide Executive with ten (10) days to cure the particular act or acts or failure or failures to act (the “Cure Period”) and such termination shall be effective at the expiration of such ten (10) day notice period the Cure Period unless Employee Executive has fully cured such act or acts or failure or failures to act, to the Company’s complete satisfaction, act that give rise to Cause during such periodCure Period.
(ii) In the event that the Company terminates EmployeeExecutive’s employment with Cause, Employee Executive shall be entitled only to the Accrued Obligations. Following such termination of EmployeeExecutive’s employment with Cause, except as set forth in this Section 7(c)(ii8(c)(ii), Employee Executive shall have no further rights to any compensation or any other benefits under this Agreement. For the avoidance of doubt, Employee’s sole and exclusive remedy upon a termination of employment by the Company with Cause shall be receipt of the Accrued Obligations.
Appears in 2 contracts
Samples: Employment Agreement (Healthequity, Inc.), Employment Agreement (Healthequity, Inc.)
Termination by the Company with Cause. (i) The Company may terminate EmployeeExecutive’s employment at any time with Cause, effective upon EmployeeExecutive’s receipt of written notice of such termination; provided, however, that with respect to any Cause termination relying on clause (iii) or (iivi) of the definition of Cause set forth in Section 1(d1(g) hereof, to the extent that such act or acts or failure or failures to act are curable, Employee Executive shall be given ten not less than twenty (1020) days’ written notice by the Company Board of its the Company’s intention to terminate him Executive with Cause, such notice to state in detail the particular act or acts or failure or failures to act that constitute the grounds on which the proposed termination with Cause is based, and such termination shall be effective at the expiration of such ten twenty (1020) day notice period period, unless Employee has Executive has, in the Board’s reasonable and good faith determination, fully cured such act or acts or failure or failures to act, to the Company’s complete satisfaction, act that give rise to Cause during such period.
(ii) In the event that the Company terminates EmployeeExecutive’s employment with Cause, Employee Executive shall be entitled only to the Accrued Obligations. Following such termination of EmployeeExecutive’s employment with Cause, except as set forth in this Section 7(c)(ii8(c)(ii), Employee Executive shall have no further rights to any compensation or any other benefits under this Agreement. For the avoidance of doubt, Employee’s sole and exclusive remedy upon a termination of employment by the Company with Cause shall be receipt of the Accrued Obligations.
Appears in 2 contracts
Samples: Employment Agreement (AdaptHealth Corp.), Employment Agreement (AdaptHealth Corp.)
Termination by the Company with Cause. (i) The Company may terminate Employee’s employment at any time with Cause, effective upon Employee’s receipt of written notice of such termination; provided, however, that with respect to any Cause termination relying on clause (i) ), (ii), (v), or (iivi) of the definition of Cause set forth in Section 1(d) hereofthis Agreement, to the extent that such act or acts or failure or failures to act are curable, Employee shall be given ten thirty (1030) days’ written notice by the Company of its intention to terminate him his employment with Cause, such notice to state the act or acts or failure or failures to act that constitute the grounds on which the proposed termination with Cause is based, and must specify all relevant facts to support that conclusion, and if the circumstances justifying Cause are susceptible of cure, in the Boar’s reasonable judgement, such termination shall be effective at the expiration of such ten thirty (1030) day notice period unless Employee has fully cured such act or acts or failure or failures to act, to the CompanyBoard’s complete satisfaction, that give rise to Cause during such period.
(ii) In the event that the Company terminates Employee’s employment with Cause, Employee shall be entitled only to the Accrued Obligations. Following such termination of Employee’s employment with Cause, except as set forth in this Section 7(c)(ii), Employee shall have no further rights to any compensation or any other benefits under this Agreement. For the avoidance of doubt, Employee’s sole and exclusive remedy compensation upon a termination of employment by the Company with Cause, absent a final judgment that the Company did not have Cause to terminate employment, shall be receipt of the Accrued Obligations.
Appears in 1 contract
Termination by the Company with Cause. (i) The Company may terminate Employee’s employment at any time with Cause, effective upon Employee’s receipt of written notice of such termination; provided, however, that with respect to any Cause termination relying on clause (i) or (ii) of the definition of Cause set forth in Section 1(dl(d) hereof, to the extent that such act or acts or failure or failures to act are curable, Employee shall be given ten (10) days’ written notice by the Company of its intention to terminate him with Cause, such notice to state the act or acts or failure or failures to act that constitute the grounds on which the proposed termination with Cause is based, and such termination shall be effective at the expiration of such ten (10) day notice period unless Employee has fully cured such act or acts or failure or failures to act, to the Company’s complete satisfaction, that give rise to Cause during such period.
(ii) In the event that the Company terminates Employee’s employment with Cause, Employee shall be entitled only to the Accrued Obligations. Following such termination of Employee’s employment with Cause, except as set forth in this Section 7(c)(ii), Employee shall have no further rights to any compensation or any other benefits under this Agreement. For the avoidance of doubt, Employee’s sole and exclusive remedy upon a termination of employment by the Company with Cause shall be receipt of the Accrued Obligations.
Appears in 1 contract
Samples: Employment Agreement (Aegerion Pharmaceuticals, Inc.)
Termination by the Company with Cause. (i) The Company may terminate Employee’s employment at any time with Cause, effective upon Employee’s receipt of written notice of such termination; provided, however, that with respect to any Cause termination relying on clause (i) ), (ii), (v), or (iivii) of the definition of Cause set forth in Section 1(d1(e) hereof, to the extent that such act or acts or failure or failures to act are curable, as determined by the Board in its sole discretion, Employee shall be given ten thirty (1030) days’ written notice by the Company of its intention to terminate him her with Cause, such notice to state the act or acts or failure or failures to act that constitute the grounds on which the proposed termination with Cause is based, and such termination shall be effective at the expiration of such ten thirty (1030) day notice period unless Employee has fully cured such act or acts or failure or failures to act, to the Company’s complete satisfaction, that give rise to Cause during such period.
(ii) In the event that the Company terminates Employee’s employment with Cause, Employee shall be entitled only to the Accrued Obligations. Following such termination of Employee’s employment with Cause, except as set forth in this Section 7(c)(ii) or as otherwise provided in Section 7(g), Employee shall have no further rights to any compensation or any other benefits under this Agreement. For the avoidance of doubt, Employee’s sole and exclusive remedy upon a termination of employment by the Company with Cause shall be receipt of the Accrued Obligations.
Appears in 1 contract
Samples: Employment Agreement (Aegerion Pharmaceuticals, Inc.)
Termination by the Company with Cause. (i) The Company may terminate Employee’s employment at any time with Cause, effective upon Employee’s receipt of written notice of such termination; provided, however, that with respect to any Cause termination relying on clause (i) ), (ii), (v), or (iivi) of the definition of Cause set forth in Section 1(d1(e) hereof, to the extent that such act or acts or failure or failures to act are curable, as determined by the Board in its reasonable good faith discretion, Employee shall be given ten thirty (1030) days’ written notice by the Company of its intention to terminate him his employment with Cause, such notice to state the act or acts or failure or failures to act that constitute the grounds on which the proposed termination with Cause is based, and such termination shall be effective at the expiration of such ten thirty (1030) day notice period unless Employee has fully cured such act or acts or failure or failures to act, to the CompanyBoard’s complete reasonable satisfaction, that give rise to Cause during such period.
(ii) In the event that the Company terminates Employee’s employment with Cause, Employee shall be entitled only to the Accrued Obligations. Following such termination of Employee’s employment with Cause, except as set forth in this Section 7(c)(ii) or as otherwise provided in Section 7(g), Employee shall have no further rights to any compensation or any other benefits under this Agreement. For the avoidance of doubt, Employee’s sole and exclusive remedy upon a termination of employment by the Company with Cause shall be receipt of the Accrued Obligations.
Appears in 1 contract
Termination by the Company with Cause. (i) The Company may terminate Employee’s employment at any time with Cause, effective upon Employee’s receipt of written notice of such termination; provided, however, that with respect to any Cause termination relying on clause (i) ), (ii), (v), or (iivi) of the definition of Cause set forth in Section 1(d1(h) hereof, to the extent that such act or acts or failure or failures to act are curable, as determined by the Board in its reasonable good faith discretion, Employee shall be given ten thirty (1030) days’ written notice by the Company of its intention to terminate him his employment with Cause, such notice to state the act or acts or failure or failures to act that constitute the grounds on which the proposed termination with Cause is based, and such termination shall be effective at the expiration of such ten thirty (1030) day notice period unless Employee has fully cured such act or acts or failure or failures to act, to the Company’s complete satisfaction, that give rise to Cause during such period.
(ii) In the event that the Company terminates Employee’s employment with Cause, Employee shall be entitled only to the Accrued Obligations. Following such termination of Employee’s employment with Cause, except as set forth in this Section 7(c)(ii) or as otherwise provided in Section 7(g), Employee shall have no further rights to any compensation or any other benefits under this Agreement. For the avoidance of doubt, Employee’s sole and exclusive remedy upon a termination of employment by the Company with Cause shall be receipt of the Accrued Obligations.
Appears in 1 contract
Termination by the Company with Cause. (i) The Company may terminate Employee’s employment at any time with Cause, effective upon Employee’s receipt of written notice of such termination; provided, however, that with respect to any Cause termination relying on clause (i) or (ii) of the definition of Cause set forth in Section 1(d) hereof, to the extent that such act or acts or failure or failures to act are curable, Employee shall be given ten (10) days’ written notice by the Company of its intention to terminate him her with Cause, such notice to state the act or acts or failure or failures to act that constitute the grounds on which the proposed termination with Cause is based, and such termination shall be effective at the expiration of such ten (10) day notice period unless Employee has fully cured such act or acts or failure or failures to act, to the Company’s complete satisfaction, that give rise to Cause during such period.
(ii) In the event that the Company terminates Employee’s employment with Cause, Employee shall be entitled only to the Accrued Obligations. Following such termination of Employee’s employment with Cause, except as set forth in this Section 7(c)(ii), Employee shall have no further rights to any compensation or any other benefits under this Agreement. For the avoidance of doubt, Employee’s sole and exclusive remedy upon a termination of employment by the Company with Cause shall be receipt of the Accrued Obligations.
Appears in 1 contract
Samples: Employment Agreement (Aegerion Pharmaceuticals, Inc.)
Termination by the Company with Cause. (i) The Company may terminate Employee’s employment at any time with Cause, effective upon Employee’s receipt of written notice of such termination; provided, however, that with respect to any Cause termination relying on clause (i) ), (ii), (vi), or (iivii) of the definition of Cause set forth in Section 1(d1(f) hereof, to the extent that such act or acts or failure or failures to act are curable, Employee shall be given ten not less than thirty (1030) days’ written notice by the Company Board of its the Company’s intention to terminate him her with Cause, such notice to state in detail the particular act or acts or failure or failures to act that constitute the grounds on which the proposed termination with Cause is based, and such termination shall be effective at the expiration of such ten thirty (1030) day notice period unless Employee has fully cured such act or acts or failure or failures to act, to the Company’s complete satisfaction, act that give rise to Cause during such period.
(ii) In the event that the Company terminates Employee’s employment with Cause, Employee she shall be entitled only to the Accrued Obligations. Following such termination of Employee’s employment with Cause, except as set forth in this Section 7(c)(ii8(c)(ii), Employee shall have no further rights to any compensation or any other benefits under this Agreement. For the avoidance of doubt, Employee’s sole and exclusive remedy upon a termination of employment by the Company with Cause shall be receipt of the Accrued Obligations.
Appears in 1 contract
Termination by the Company with Cause. (i) The Company may terminate Employee’s employment at any time with Cause, effective upon Employee’s receipt of written notice of such termination; provided, however, that with respect to any Cause termination relying on clause (i), (ii) or (iiv) of the definition of Cause set forth in Section 1(d) hereof, to the extent that such act or acts or failure or failures to act are curable, Employee shall be given ten (10) 15 days’ written notice by the Company of its intention to terminate him with Cause, such notice to state the act or acts or failure or failures to act that constitute the grounds on which the proposed termination with Cause is based, and such termination shall be effective at the expiration of such ten (10) 15 day notice period unless Employee has fully cured such act or acts or failure or failures to act, to the Company’s complete satisfaction, that give rise to Cause during such period.
(ii) In the event that the Company terminates Employee’s employment with Cause, Employee shall be entitled only to the Accrued Obligations. Following such termination of Employee’s employment with Cause, except as set forth in this Section 7(c)(ii), Employee shall have no further rights to any compensation or any other benefits under this Agreement. For the avoidance of doubt, Employee’s sole and exclusive remedy upon a termination of employment by the Company with Cause shall be receipt of the Accrued Obligations.
Appears in 1 contract
Samples: Employment Agreement (Aegerion Pharmaceuticals, Inc.)
Termination by the Company with Cause. (i) The To the fullest extent permitted by PRC law, the Company may terminate Employee’s employment at any time with Cause, effective upon Employee’s receipt of written notice of such termination; provided, however, that with respect to any Cause termination relying on clause (i) or clause (iiiv) of the definition of Cause set forth in Section 1(d) Error! Reference source not found. hereof, to the extent that such act or acts or failure or failures to act are curable, Employee shall be given ten (10) 30 days’ written notice by the Company of its intention to terminate him his or her with Cause, such notice to state in detail the particular act or acts or failure or failures to act that constitute the grounds on which the proposed termination with Cause is based, and such termination shall be effective at the expiration of such ten thirty (1030) day notice period unless Employee has fully cured such act or acts or failure or failures to act, to the Company’s complete satisfaction, act that give rise to Cause during such period.
(ii) . In the event that the Company terminates Employee’s employment with Cause, Employee shall be entitled only to payment of the Accrued Obligations. Following such termination of Employee’s employment with Cause, except as set forth in this Section 7(c)(ii), Employee Obligations and shall have no further rights to any compensation or any other benefits under this Agreement. For the avoidance of doubt, Employee’s sole and exclusive remedy upon a termination of employment by the Company with Cause shall be receipt of the Accrued Obligations.
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Termination by the Company with Cause. (i) The Company may terminate Employee’s employment at any time with Cause, effective upon Employee’s receipt of written notice of such termination; provided, however, that with respect to any Cause termination relying on clause (i) ), (ii), (v), or (iivi) of the definition of Cause set forth in Section 1(d1(f) hereof, to the extent that such act or acts or failure or failures to act are curable, Employee shall be given not less than ten (10) days’ written notice by the Company Board of its the Company’s intention to terminate him with Cause, such notice to state in detail the particular act or acts or failure or failures to act that constitute the grounds on which the proposed termination with Cause is based, and such termination shall be effective at the expiration of such ten (10) day notice period unless Employee has fully cured such act or acts or failure or failures to act, to the Company’s complete satisfaction, act that give rise to Cause during such period.
(ii) In the event that the Company terminates Employee’s employment with Cause, Employee shall be entitled only to the Accrued Obligations. Following such termination of Employee’s employment with Cause, except as set forth in this Section 7(c)(ii8(c)(ii), Employee shall have no further rights to any compensation or any other benefits under this Agreement. For the avoidance of doubt, Employee’s sole and exclusive remedy upon a termination of employment by the Company with Cause shall be receipt of the Accrued Obligations.
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Termination by the Company with Cause. (i) The Company may terminate Employee’s employment at any time with Cause, effective upon Employee’s receipt of written notice of such termination; provided, however, that with respect to any Cause termination relying on clause (i) ), (ii), (v), or (iivi) of the definition of Cause set forth in Section 1(d1(f) hereof, to the extent that such act or acts or failure or failures to act are curable, Employee shall be given not less than ten (10) days’ written notice by the Company Board of its the Company’s intention to terminate him with Cause, such notice to state in detail the particular act or acts or failure or failures to act that constitute the grounds on which the proposed termination with Cause is based, and such termination shall be effective at the expiration of such ten (10) day notice period unless Employee has fully cured such act or acts or failure or failures to act, to the Company’s complete satisfaction, act that give rise to Cause during such period.
(ii) In the event that the Company terminates Employee’s employment with Cause, Employee shall be entitled only to the Accrued Obligations. Following such termination of Employee’s employment with Cause, except as set forth in this Section 7(c)(ii8(c)(ii), Employee shall have no further rights to any compensation or any other benefits under this Agreement. For the avoidance of doubt, Employee’s sole and exclusive remedy upon a termination of employment by the Company with Cause shall be receipt of the Accrued Obligations.
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Termination by the Company with Cause. (i) The Company may terminate EmployeeExecutive’s employment at any time with Cause, effective upon EmployeeExecutive’s receipt of written notice of such termination; provided, however, that with respect to any Cause termination relying on clause (i) or (ii) of the definition of Cause set forth in Section 1(d) hereof, to the extent that such act or acts or failure or failures to act are curable, Employee Executive shall be given ten not less than twenty (1020) business days’ written notice by the Company Board of its the Company’s intention to terminate him with Cause, such notice to state in detail the particular act or acts or failure or failures to act that constitute the grounds on which the proposed termination with Cause is based, and such termination shall be effective at the expiration of such ten twenty (1020) business day notice period unless Employee Executive has fully cured such act or acts or failure or failures to act, to the Company’s complete satisfaction, act that give rise to Cause during such period. With respect to the grounds for Cause described in clause (i), (ii), (iii), (iv) or (vi) of the definition of Cause, the termination of Executive’s employment for Cause shall not be deemed to be effective unless and until the Board finds (after reasonable notice, specifying the particulars thereof in reasonable detail, is provided to Executive and Executive is given an opportunity, together with counsel, to be heard before the Board) that, in the good faith opinion of the Board, there is Cause for termination.
(ii) In the event that the Company terminates EmployeeExecutive’s employment with Cause, Employee he shall be entitled only to the Accrued Obligations. Following such termination of EmployeeExecutive’s employment with Cause, except as set forth in this Section 7(c)(ii6(c)(ii), Employee Executive shall have no further rights to any compensation or any other benefits under this Agreement. For the avoidance of doubt, Employee’s sole and exclusive remedy upon a termination of employment by the Company with Cause shall be receipt of the Accrued Obligations.
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Termination by the Company with Cause. (i) The Company may terminate EmployeeExecutive’s employment at any time with Cause, effective upon EmployeeExecutive’s receipt of written notice of such termination; provided, however, that with respect to any Cause termination relying on clause (iii) or (iivi) of the definition of Cause set forth in Section 1(dSection 1(g) hereof, to the extent that such act or acts or failure or failures to act are curable, Employee Executive shall be given ten not less than twenty (1020) days’ written notice by the Company Board of its the Company’s intention to terminate him Executive with Cause, such notice to state in detail the particular act or acts or failure or failures to act that constitute the grounds on which the proposed termination with Cause is based, and such termination shall be effective at the expiration of such ten twenty (1020) day notice period period, unless Employee has Executive has, in the Board’s good faith determination, fully cured such act or acts or failure or failures to act, to the Company’s complete satisfaction, act that give rise to Cause during such period.
(ii) In the event that the Company terminates EmployeeExecutive’s employment with Cause, Employee Executive shall be entitled only to the Accrued Obligations. Following such termination of EmployeeExecutive’s employment with Cause, except as set forth in this Section 7(c)(iiSection 8(c)(ii), Employee Executive shall have no further rights to any compensation or any other benefits under this Agreement. For the avoidance of doubt, Employee’s sole and exclusive remedy upon a termination of employment by the Company with Cause shall be receipt of the Accrued Obligations.
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Termination by the Company with Cause. (i) The Company may terminate EmployeeExecutive’s employment at any time with Cause, effective upon EmployeeExecutive’s receipt of written notice of such termination; provided, however, that with respect to any Cause termination relying on clause (i), (ii), (v) or (iivii) of the definition of Cause set forth in Section 1(d) hereof, to the extent that such act or acts or failure or failures to act are curable, Employee Executive shall be given ten (10) days’ written notice by the Company of its intention to terminate him with Cause, such notice to state the act or acts or failure or failures to act that constitute the grounds on which the proposed termination with Cause is based, and such termination shall be effective at the expiration of such ten (10) day notice period unless Employee Executive has fully cured such act or acts or failure or failures to act, to the Company’s complete satisfaction, that give rise to Cause during such period.
(ii) In the event that the Company terminates EmployeeExecutive’s employment with Cause, Employee Executive shall be entitled only to the Accrued Obligations. Following such termination of EmployeeExecutive’s employment with Cause, except as set forth in this Section 7(c)(ii), Employee Executive shall have no further rights to or interest in any compensation or any other benefits under this AgreementAgreement or otherwise. For the avoidance of doubt, EmployeeExecutive’s sole and exclusive remedy upon a termination of employment by the Company with Cause shall be receipt of the Accrued Obligations.
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Samples: Executive Employment Agreement (PDS Biotechnology Corp)
Termination by the Company with Cause. (i) The Company may terminate Employee’s employment at any time with Cause, effective upon Employee’s receipt of written notice of such terminationtermination from the Board; provided, however, that with respect to any Cause termination relying on clause (i) ), (ii), or (iiv) of the definition of Cause set forth in Section 1(d1(f) hereof, to the extent that such act or acts or failure or failures to act are curable, Employee shall be given not less than ten (10) days’ written notice by the Company Board of its the Company’s intention to terminate him with Cause, such notice to state in detail the particular act or acts or failure or failures to act that constitute the grounds on which the proposed termination with Cause is based, and such termination shall be effective at the expiration of such ten (10) day notice period unless Employee has fully cured such act or acts or failure or failures to act, to the Company’s complete satisfaction, act that give rise to Cause during such period.
(ii) In the event that the Company terminates Employee’s employment with Cause, Employee shall be entitled only to the Accrued Obligations. Following such termination of Employee’s employment with Cause, except as set forth in this Section 7(c)(ii8(c)(ii), Employee shall have no further rights to any compensation or any other benefits under this Agreement. For the avoidance of doubt, Employee’s sole and exclusive remedy upon a termination of employment by the Company with Cause shall be receipt of the Accrued Obligations.
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Termination by the Company with Cause. (i) The Company may terminate EmployeeExecutive’s employment at any time with Cause, effective upon Employee’s receipt of written notice of such termination; provided, however, that with respect to any Cause termination relying on clause (i) or (ii) by a vote of the definition Board within ninety (90) days of Cause set forth in Section 1(d) hereof, to the extent that such act or acts or failure or failures to act are curablethat purport to give rise to Cause. Prior to any such vote, Employee Executive shall be given ten not less than thirty (1030) days’ (the “Cause Notice Period”) written notice by the Company Board (the “Cause Cure Notice”) of its the Company’s intention to terminate him with Cause, such notice Cause Notice to state in detail the particular act or acts or failure or failures to act that constitute the grounds on which the proposed termination with Cause is based, and such . The Executive shall be entitled to appear (with counsel) before the Board to present information regarding the Cause event no less than five (5) business days prior to the Board’s vote on the termination of Executive’s employment with Cause. Such termination shall be effective at the expiration of such ten (10) day notice period the Cause Notice Period, unless Employee Executive has fully materially cured such act or acts or failure or failures to act, to the Company’s complete satisfaction, act that give rise to Cause during such periodCause Notice Period to the extent that such act or acts or failure or failures to act giving rise to Cause are curable.
(ii) In the event that the Company terminates EmployeeExecutive’s employment with Cause, Employee he shall be entitled only to the Accrued Obligations. Following such termination of EmployeeExecutive’s employment with Cause, except as set forth in this Section 7(c)(ii8(c)(ii), Employee Executive shall have no further rights to any compensation or any other benefits under this Agreement. For the avoidance of doubt, Employee’s sole and exclusive remedy upon a termination of employment by the Company with Cause shall be receipt of the Accrued Obligations.
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Termination by the Company with Cause. (i) The Company may terminate Employee’s employment at any time with Cause, effective upon Employee’s receipt of written notice of such termination; provided, however, that with respect to any Cause termination relying on clause (iiii) or (iiiv) of the definition of Cause set forth in Section 1(d1(g) hereof, to the extent that such act or acts or failure or failures to act are curable, Employee shall be given ten not less than thirty (1030) days’ written notice by the Company Board of its the Company’s intention to terminate him with Cause, such notice to state in detail the particular act or acts or failure or failures to act that constitute the grounds on which the proposed termination with Cause is based, and such termination shall be effective at the expiration of such ten thirty (1030) day notice period unless Employee has fully cured such act or acts or failure or failures to act, to the Company’s complete satisfaction, act that give rise to Cause during such period.
(ii) In the event that the Company terminates Employee’s employment with Cause, Employee he shall be entitled only to the Accrued Obligations. Following such termination of Employee’s employment with Cause, except as set forth in this Section 7(c)(ii8(c)(ii), Employee shall have no further rights to any compensation or any other benefits under this Agreement. For the avoidance of doubt, Employee’s sole and exclusive remedy upon a termination of employment by the Company with Cause shall be receipt of the Accrued Obligations.
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Termination by the Company with Cause. (i) The Company may terminate EmployeeExecutive’s employment at any time with Cause, effective upon EmployeeExecutive’s receipt of written notice of such termination; provided, however, that with respect to any Cause termination relying on clause (i) or (ii) of the definition of Cause set forth in Section 1(d1(f) hereof, to the extent that such act acts or acts or failure or failures to act are curable, Employee Executive shall be given ten not less than thirty (1030) days’ written notice by the Company Board of its the Company’s intention to terminate him with Cause, such notice to state in detail the particular act or acts or failure or failures to act that constitute the grounds on which the proposed termination with Cause is based, and such termination shall be effective at the expiration of such ten thirty (1030) day notice period unless Employee Executive has fully cured such act or acts or failure or failures to act, to the Company’s complete satisfaction, act that give rise to Cause during such period.
(ii) In the event that the Company terminates EmployeeExecutive’s employment with Cause, Employee Executive shall be entitled only to the Accrued Obligations, which (a) with respect to amounts payable pursuant to clauses (i) and (ii) of the definition thereof, such amounts shall be paid or provided within thirty (30) days of Executive’s termination of employment, (b) with respect to the benefits payable pursuant to clause (iii) of the definition thereof, such benefits shall be provided on the schedule set forth in the applicable plan or agreement. Following such termination of EmployeeExecutive’s employment with Cause, except as set forth in this Section 7(c)(ii8(c)(ii), Employee Executive shall have no further rights to any compensation or any other benefits under this Agreement. For the avoidance of doubt, Employee’s sole and exclusive remedy upon a termination of employment by the Company with Cause shall be receipt of the Accrued Obligations.
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