Termination for Poor Performance. The Company shall have the right, at any time prior to a Change in Control of the Company (but not thereafter), to terminate the employment of the Executive for Poor Performance by written Notice of Termination (as defined in Section 4.7 hereof). For the purpose of this Agreement, "Poor Performance" shall mean a finding by a majority of the non-officer members of each of the Boards of Directors of UNB and the Bank that, in the good faith opinion of each such majority: (i) the Executive's performance of his duties was sufficiently unsatisfactory to merit termination, and (ii) prior notice of such unsatisfactory performance was given to the Executive without cure having occurred. In making such a finding, the Board of Directors shall utilize the input of the Chief Executive Officer ("CEO") unless the CEO is being terminated.
Termination for Poor Performance. Bargaining Unit Faculty in all ranks on fixed-term or continuing appointments may be terminated for poor performance. When notified in writing by February 1 of their first academic year of service, faculty will be terminated at the conclusion of that academic year. Following the first year, the university will provide written notice at least twelve months in advance of termination. Notice is not required; however, if the Member’s fixed term appointment expires before a termination for poor performance would have taken effect.
3.1 Fixed-term faculty may be terminated for poor performance if:
1. the performance was specified in a written evaluation,
2. the faculty member was given a reasonable amount of time (normally, at least one semester) to address the unsatisfactory performance, and
3. the unsatisfactory performance continued.
Termination for Poor Performance. Bargaining Unit Faculty in all ranks on fixed-term or continuing appointments may be terminated for poor performance. When notified in writing by February 1 of their first academic year of service, faculty will be terminated at the conclusion of that academic year. Following the first year, the university will provide written notice at least twelve months in advance of termination. Notice is not required; however, if the Member’s fixed term appointment expires before a termination for poor performance would have taken effect.
15.3.1 Fixed-term faculty may be terminated for poor performance if:
1. the performance was specified in a written evaluation,
2. the faculty member was given a reasonable amount of time (normally, at least one semester) to address the unsatisfactory performance, and 3. the unsatisfactory performance continued.
15.3.2 A Bargaining Unit Faculty Member with a continuing appointment may be terminated for persistent poor performance as specified in Section 15.3.2a below, or for deficiencies in teaching that are so severe that the Member is not minimally effective. Symptoms of poor teaching performance may include (but are not limited to) • a pattern of classes that are missed without suitable reason (e.g., illness, approved professional travel) or of missed advising appointments • persistent and justified complaints from students or peers • persistently erratic classroom behavior • persistent failure to be reasonably available to students and advisees • persistent failure to communicate effectively with students • a pattern of irresponsible or unprofessional conduct with or in the presence of students in a university setting • persistent failure to comply with the established curriculum • persistently outdated or inappropriate course content 15.3.2a Persistent poor performance pursuant to Section 15.3.2 must have been specified in a written evaluation, in which the department chair states that the performance is so substandard that it could be grounds for dismissal. The Member must then be provided a reasonable amount of time (normally, at least one semester) to correct the identified deficiencies. If the substandard performance continues, the department chair must specify, in writing, the basis for concluding that the Member’s performance is persistently poor.
15.3.2.1 If the Xxxx believes that a Bargaining Unit Faculty Member (hereinafter, "Member") with a continuing appointment should be dismissed due to poor performance according to t...
Termination for Poor Performance. Upon an Involuntary Termination under Section 3.2(a) of the Plan, the Company shall make a lump sum cash severance payment to the Executive in an amount equal to nine (9) months of the Executive’s Base Salary in the Plan Year in which the Executive’s Separation from Service occurs.
Termination for Poor Performance. If the Board is dissatisfied with any aspect of the Chief Executive’s performance, the Board will discuss their concerns with the Chief Executive and in such case the Chief Executive will be given such period as the Board considers reasonable in the circumstances to rectify the inadequacies to the satisfaction of the Board.
11.4.1 If the Board reasonably concludes, after the period referred to in Clause 11.4, that the Chief Executive’s performance has not improved to the satisfaction of the Board, the Board may terminate this Agreement by giving three months’ written notice of termination or, at the Board’s discretion, three months’ pay in lieu of notice.
Termination for Poor Performance. The Company shall have the right, at any time prior to a Change in Control of the Company (but not thereafter), to terminate the employment of the Executive for Poor Performance by written Notice of Termination (as defined in Section 4.7 hereof). For the purpose
Termination for Poor Performance. Employer may terminate employee’s employment under this Agreement for “Poor Performance”. Poor Performance is a failure of the Employee to properly meet the duties and responsibilities of his position in a competent fashion, as determined by the Chief Executive Officer. Such termination for “Poor Performance” shall occur only after employee has been advised in writing of the failure to meet the duties and responsibilities, or guidelines/goals and given a reasonable period of time of at least 30 days to cure the Poor Performance. Following the termination for Poor Performance, the Employee shall be entitled to payment of his base salary through the last day of his employment. Employee shall be entitled to no other payments or benefits after a termination for Poor Performance. With the exception of the covenants set forth in Paragraph 1.3, 4.1 and 4.3, upon such termination the obligations of Employee and Company under this Agreement shall immediately cease.
Termination for Poor Performance. Employer may terminate employee's employment under this Agreement for "Poor Performance". Poor Performance is a failure of the Employee to properly meet the duties and responsibilities of his/her position in a competent fashion, as determined by the Chief Executive Officer. Such termination for "Poor Performance" shall occur only after employee has been advised in writing of the failure to meet the duties and responsibilities, or guidelines/goals and given a reasonable period of time of at least 30 days to cure the Poor Performance. Poor Performance shall occur if Employee has failed to meet guidelines/goals for three consecutive months. Following the termination for Poor Performance, the Employee shall be entitled to payment of his base salary through the last day of his employment, and shall receive one additional month of base salary. Employee shall be entitled to no other payments or benefits after a termination for Poor Performance. With the exception of the covenants set forth in Paragraph 1.3, 4.1 and 4.3, upon such termination the obligations of Employee and Company under this Agreement shall immediately cease.
Termination for Poor Performance. If during the Term Executive’s employment is terminated by the Holding Company and/or the Bank for Poor Performance, then (i) the Bank shall pay to Executive in a lump sum in cash within thirty (30) days after the Date of Termination, the exact payment date to be determined by the Bank, his Accrued Salary, and (ii) subject to Section 11 hereof, the Bank shall pay to Executive an amount equal to one (1) times the sum of (A) Executive’s then current Base Salary plus (B) the Annual Bonus paid to Executive for the fiscal year immediately preceding the year in which the Date of Termination occurs (the “1x Severance Amount”), payable in approximately equal monthly installments during the twelve (12) month period following the Date of Termination, commencing on the first payroll date to occur after the sixtieth (60th) day following the Date of Termination; provided that the first such payment shall consist of all amounts payable to Executive pursuant to this Section 5(c)(ii) between the Date of Termination and the first payroll date to occur after the sixtieth (60th) day following the Date of Termination. In addition, if during the Term Executive’s employment is terminated by the Holding Company and/or the Bank for Poor Performance, then the Restricted Period for purposes of Section 6 hereof shall mean “any time during Executive’s employment with the Holding Company and the Bank plus one (1) year from Executive’s Termination Date”. Notwithstanding the foregoing, the Bank shall be obligated to provide amount set forth in this Section 5(c)(ii) only if (A) within forty-five (45) days after the Date of Termination Executive shall have executed the Release Agreement and such Release Agreement shall not have been revoked within the revocation period specified in the Release Agreement, and (B) Executive fully complies with the obligations set forth in Section 6 hereof. For the avoidance of doubt, if Executive does not comply with the obligations set forth in Section 6 hereof, then payment of the amount set forth in this Section 5(c)(ii) shall cease immediately upon Executive’s breach thereof.
Termination for Poor Performance. 10.1. Subject to Article 10.3, Teleglobe may terminate this Agreement after giving notice in writing to Stentor if:
10.1.1. Stentor is unable to demonstrate that the Network meets BIS specifications by January 1, 1996 or, in the case where Teleglobe exercises its option of extension pursuant to Article 7, within three (3) months of the termination of the initial term of the Agreement.
10.1.2. During the term hereof or any extension thereof, the availability of the Network, as defined in Annex 2, Article 2.2, is less than 99.5% per month for more than three (3) consecutive months.
10.2. In the event of termination for poor performance, as specified in Article 10.1 above and as defined in Article 10.1.1 and Article 10.1.2, Teleglobe will be entitled to a refund which will be calculated and paid as provided in Article 9.2 from the date of the notice of termination.
10.3. Any outage which is the result of force majeure (i.e. any matter beyond the reasonable control of Stentor) will not be considered as a cause for termination provided Stentor informs Teleglobe of the cause of such an outage and endeavors to reroute such digital capacity affected.