Termination During the Term. The Superintendent’s employment may be terminated during the term of this Contract only for cause as defined in M.S. 122A.40, Subd. 9. and Subd. 13., but, except for purposes of describing grounds for discharge, the provisions of M.S. 122A.40 shall not be applicable. If the School Board proposes to terminate the Superintendent during the term of this Contract for cause as described in M.S. 122A.40, Subd. 9. or Subd. 13., it shall notify the Superintendent in writing of the proposed grounds for termination. The Superintendent shall be entitled to a hearing before an arbitrator provided the Superintendent makes such a request in writing to the School Board Chair within fifteen (15) calendar days after receipt of the written notice of the proposed termination. In such event, the parties shall jointly petition the Minnesota Bureau of Mediation Services (BMS) for a list of five (5) arbitrators. The arbitrator shall be selected by the parties through the striking process as provided by BMS rules. The arbitrator shall conduct a hearing under arbitration procedure rules and issue a written decision. The decision of the arbitrator shall be final and binding on the parties, subject to judicial review of arbitration decisions as provided by law. The Superintendent may be suspended with pay pending final determination by the arbitrator. If the Superintendent fails to request a hearing as provided in this section within the fifteen (15)-day calendar period, he/she shall be deemed to have acquiesced to the School Board’s proposed action, and the proposed action shall become final on such date as determined by the School Board, and the Superintendent shall have no further claim or recourse.
Termination During the Term. The Superintendent’s employment may be terminated during the term of this contract only for cause as defined in Minnesota Statutes 122A.40
Termination During the Term. During the term of this Contract, the District may immediately discharge the Superintendent and thereby terminate this Contract based on any of the grounds stated in Minnesota Statutes section 122A.40, subdivisions 9 or 13. If the School Board votes to discharge the Superintendent from employment during the term of this Contract, the Board must give the Superintendent written notice of the grounds for discharge. The Superintendent is entitled to a hearing before an arbitrator to challenge whether the asserted grounds for discharge exist. To exercise this right, the Superintendent or his representative must mail or hand-deliver a written request for arbitration to the School Board Chair within ten (10) calendar days after receiving written notice of the grounds for discharge. If the Superintendent makes a timely request for a hearing, the parties may attempt to mutually agree on an arbitrator. If the parties cannot mutually agree on an arbitrator within five calendar days, the District will petition the Minnesota Bureau of Mediation Services (“BMS”) for a list of five arbitrators. Within ten calendar days after receiving the list, the parties (or their representatives) will select an arbitrator from the list by using an alternating striking process. The arbitrator must conduct a hearing and issue a written decision within forty-five (45) calendar days after being selected by the parties, unless the parties agree to extend the timeline. The arbitrator’s decision will be final and binding upon the parties, subject to judicial review of arbitration decisions as provided by law. If the Superintendent (or his representative) fails to mail or hand-deliver a written request for arbitration to the School Board Chair within ten calendar days, the Superintendent will be deemed to have acquiesced to the discharge, and the Superintendent will have no further right to challenge the discharge or to bring a claim against the District.
Termination During the Term. CELGENE shall have the right, at its sole discretion, exercisable at any time to terminate this Agreement with respect to one or more Selected Target(s), or in its entirety upon one hundred twenty (120) days prior written notice to EPIZYME hereunder.
Termination During the Term. Executive's employment hereunder may terminate for any of the following reasons:
Termination During the Term. Executive’s employment with the Company may be terminated as follows: 10.1
Termination During the Term. The Superintendent's employment may be terminated during the term of this Contract only for cause as defined in Minn. Stat. §122A.40
Termination During the Term. (i) If Executive’s employment is terminated during the Term pursuant to Sections 4(a)(i) (Death), 4(a)(ii) (Disability), or 4(a)(iii) (for Cause), or if Executive terminates his employment pursuant to Section 4(a)(v) (Resignation Without Good Reason), the Company agrees to pay the Executive (or the Executive’s estate): (i) a prorated portion of the Annual Base Salary through the Date of Termination and (ii) any preapproved expenses incurred by the Executive prior to the date of termination in accordance with Section 3(g) (the “Accrued Obligations”). Executive shall not be eligible for any other payments or benefits (such as the Severance Pay or any part of the STIP) other than any vested interest under the LTIP in accordance with the terms of the LTIP as determined by the Board (or the Compensation Committee thereof) in its sole discretion. The Board shall have the authority to adopt, modify or change the terms of any LTIP from time to time, in the Board’s sole discretion.
(ii) If Company terminates Executive’s employment during the Term pursuant to Section 4(a)(v) (Without Cause), Company agrees to pay the Executive (i) a prorated portion of the Annual Base Salary for the duration of the Notice Period, (ii) all accrued, unused Vacation, and (iii) any preapproved expenses incurred by the Executive prior to the Date of Termination in accordance with Section 3(g). In addition to the foregoing, and subject to Section 5(b), the Company agrees to pay the Executive continuing payments of severance pay at a rate equal to the Annual Base Salary, as then in effect, for a period of twelve (12) months (the “Severance Period”), to be paid in accordance with the Company’s regular payroll procedures and subject to any mandatory federal or state withholdings (the “Severance Pay”).
(iii) If Executive resigns during the Term pursuant to Section 4(a)(v) (With Good Reason), Company agrees to pay the Executive (i) a prorated portion of the Annual Base Salary for the duration of the Notice Period, (ii) all accrued, unused Vacation, (iii) any preapproved expenses incurred by the Executive prior to the Date of Termination in accordance with Section 3(g), and (iv) the Severance Pay, as provided in Section 5(a)(ii).
(iv) In addition to the foregoing payments outlined in Section 5(a)(ii)-(iii), if Company terminates Executive’s employment during the Term pursuant to Section 4(a)(v) (Without Cause) or the Executive resigns his employment during the Term pursuant to Section 4(a)(iv) ...
Termination During the Term. 6.1 This Agreement may be terminated during the Term as follows:
6.1.1 If either party shall become bankrupt or insolvent or make a composition or arrangement with any creditors or have a winding up order made against him or pass a resolution for voluntary winding up or if a liquidator or administrator or receiver or similar is appointed of its undertaking or if possession is taken by or on behalf of the holder of any debts of any of its assets then this Agreement may be terminated by either party on giving not less than 28 days prior notice in writing to the other.
6.2 On the termination of this Agreement within the Term under this clause 7 the Contractor shall be entitled to invoice the Xxxxxx and to be paid for work done and inputs supplied up to the date on which the Agreement terminates. The Xxxxxx will pay that invoice within 28 days of receiving it but may deduct losses reasonably arising or expected to arise from any breach of this Agreement by the Contractor.
6.3 The termination of this Agreement shall be without prejudice to the right of either party to make claims in relation to antecedent breaches or losses suffered arising from such breaches
Termination During the Term. A. This employment contract and the Superintendent’s employment shall be terminated during the ordinary term of this contract by (1) Death, (2) Voluntary resignation, (3) Mutual agreement, (4) Retirement, (5) Disability, and (6) Discharge.
