Termination for Performance. For the purposes of this Employment Agreement, termination for “Performance” shall be as determined by the J.X. Xxxxxxx Board of Directors in the good faith exercise of their business judgment.
Termination for Performance. After March 1, 2012, the Company may terminate the Employee’s employment for Performance if the Company fails to achieve the results called for in the business plan approved by the Board for the Company’s fiscal year beginning in 2011 or any subsequent fiscal year. The determination as to whether the Employee has achieved the results called for in the business plan shall be made by the Board in its sole discretion. The Company shall exercise its right to terminate the Employee’s employment for Performance by giving him written notice of termination on or before the date of such termination specifying the performance goal or goals that were not met. In the event of such termination of the Employee’s employment for Performance, the Employee shall be entitled to the following:
(a) The Company shall pay to the Employee his base salary pursuant to Section 3.1 and any other compensation and benefits to the extent actually earned by the Employee under this Agreement or any benefit plan or program of the Company as of the date of such termination at the normal time for payment of such salary, compensation or benefits.
(b) The Company shall pay the Employee any reimbursement amounts owing under Section 5.
(c) Subject to the Employee’s timely execution of a Confidential Separation and Release Agreement as provided in Section 23 of this Agreement, the Company shall pay to the Employee as a severance benefit for each month during the 12-month period beginning with the month next following the date of termination of the Employee’s employment an amount equal to one-twelfth of his annual rate of base salary immediately preceding his termination of employment. Each such monthly benefit shall be paid no later than the last day of the applicable month. In the event that the Employee dies before the end of such 12-month period, the payments for the remainder of such period shall be paid to the Employee’s estate. The commencement of payments pursuant to this subsection shall be subject to Section 22 of this Agreement.
(d) Subject to the Employee’s timely execution of a Confidential Separation and Release Agreement as provided in Section 23 of this Agreement, during the period of 12 months beginning on the date of the Employee’s termination of employment, the Employee shall remain covered by the medical plans of the Company that covered him immediately prior to his termination of employment as if he had remained in employment for such period. In the event that the Employee’s p...
Termination for Performance. Prior to issuance of a notice of termination in accordance with this subparagraph, if the Service Provider fails to provide the security services specified in accordance with the terms and conditions of this Contract, the Client shall provide written notice of the default in performance and give the Service Provider a reasonable opportunity to cure the default. After the provision of such notice, if the Service Provider fails to adequately cure the default within the sole discretion of the Client, the Client may terminate this Contract upon written thirty (30) day advance notice to the Service Provider.
Termination for Performance. The Company expects Executive to deliver financial results for the Company that are equal to or greater than its peers. The Company may at its discretion terminate Executive for performance if the Company's operating results as measured by either revenue or earning, are fifty percent (50%) or less than the Company's approved budget targets.
Termination for Performance. During the Term of this Agreement, in addition to its rights to terminate for cause described below, Customer may cancel this Agreement, in whole or in part, upon ninety (90) days’ notice to Core-Xxxx in the event Core-Xxxx fails to maintain the Fill Rate Standard (as defined in Exhibit A) in accordance with Section 8 of Exhibit A.
Termination for Performance. Xxx xxx xxxxxxxx xx xxxx Employment Agreement, termination for "Performance" shall be as determined by the J.D. Edwards Board of Directors in the good faith exercise of xxxxx xxsiness judgment.
Termination for Performance. In addition to any additional rights or remedies that may be provided under the Agreement, if Seller has not performed or complied with the Agreement, in whole or in part, Canoo may terminate this Agreement or any Purchase Order hereunder, in whole or in part, upon five (5) days’ written notice to the Seller, either before or after the acceptance of the Goods or Services. In each case, the Seller is liable for all actual costs incurred by Canoo, including those for attorneys, experts, consultants and other professionals in effectuating any such termination.
Termination for Performance. At any time after the first (1st) anniversary of the Effective Date, Tenant may terminate this Agreement upon thirty (30) days prior written notice to Manager if the Net Operating Income for any calendar year following such first (1st) anniversary is less than eighty percent (80%) of the lesser of (a) the Net Operating Income as set forth in the Annual Budget for such calendar year and (b) the Net Operating Income for the Facility during the twelve (12) calendar months of the prior calendar year. For the purposes of this Agreement, “Net Operating Income” means: (x) Effective Gross Income of the Facility less (y) the sum of operating expenses. In addition to other operating expenses, for clarity, the
Termination for Performance. Company may terminate Exhibit G-2 of this Amendment on thirty (30) days written notice to Microsoft for the following reasons: Following a two month ramp-up period after the Amendment Effective Date, Company may terminate, if Microsoft sells less than twenty-five (25) percent of the combined Xbox and oCTV (defined in Exhibit G-32) Inventory each month for two (2) successive months. For the avoidance of doubt, Company may not terminate prior to the completion of four full months after the Amendment Effective Date, and only if the foregoing qualifications are met. Following a forty-five day ramp up period after the Amendment Effective Date, Company may terminate if Microsoft sells the video advertising Inventory for an average monthly gross CPM that is below $21.42. For the avoidance of doubt, Company may not terminate prior to the completion of two and a half full months after the Amendment Effective Date, and only if the foregoing qualifications are met.
Termination for Performance. If the Employee’s performance fails to meet minimum expectations, Employee will be provided notice, in writing of the deficiencies and Employee will have ninety (90) days to cure such deficiencies.
(a) At the end of the ninety (90) day cure period, if Employee’s performance has not met minimum expectations, Employee’s employment will be terminated. Upon termination for performance, all unvested option shares will be forfeited except that the unvested options for the period between the last vesting date and the performance notice date will be prorated at performance level “B” and be vested immediately. Employee will receive severance equal to twelve (12) months of Employee’s base salary, paid in twelve (12) equal monthly installments immediately following the date of termination.
(b) At the end of the ninety (90) day cure period, if Employee’s performance has improved to meet minimum expectations (to be decided at the discretion of the Board), Employee’s employment will remain. Employee shall remain the right to earn and vest in option shares, as well as annual bonus, at performance level “B” for the applicable annual performance period.
