Common use of Termination of Consultancy Clause in Contracts

Termination of Consultancy. The Consultant's consultancy hereunder shall terminate prior to the scheduled end of the Term upon the first to occur of: (a) the death of the Consultant; or (b) the Consultant's illness, disability or incapacity ("Disability") that prevents the Consultant from performing his duties hereunder for sixty (60) consecutive days, or for any sixty (60) days within any one hundred and eighty (180) day period, and the provision of written notice of such termination to the Consultant; or (c) written notice by the Parent to the Consultant of termination of the Consultant's consultancy by the Parent for "Cause," which shall include, without limitation, (i) the failure of the Consultant to perform his duties hereunder after at least 30 days' written notice thereof specifying such failure and the Consultant's failure to remedy same within such 30-day period; (ii) any act of illegality, dishonesty, moral turpitude, or fraud in connection with the Consultant's consultancy; (iii) any course of action by the Consultant which is materially detrimental to the business of the Parent or any of its affiliates (including without limitation any violation of Sections 7, 8 or 9 of this Agreement); or (iv) the commission by the Consultant of any felony; or (d) written notice by the Parent to the Consultant of termination of the Consultant's consultancy without Cause; or (e) written notice by the Consultant to the Parent of termination of his consultancy. The date of termination of the Consultant's consultancy shall be the date written notice is given or such later date (within thirty (30) days following such notice) specified in the written notice.

Appears in 4 contracts

Samples: Consulting and Non Compete Agreement (Western Atlas Inc), Consulting and Non Compete Agreement (3-D Geophysical Inc), Consulting and Non Compete Agreement (Western Atlas Inc)

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Termination of Consultancy. The Consultant's consultancy hereunder shall terminate prior to the scheduled end of the Term upon the first to occur of: (a) the death of the Consultant; or (b) the Consultant's illness, disability or incapacity ("Disability") that prevents the Consultant from performing his duties hereunder for sixty (60) consecutive days, or for any sixty (60) days within any one hundred and eighty (180) day period, and the provision of written notice of such termination to the Consultant; or (c) written notice by the Parent to the Consultant of termination of the Consultant's consultancy by the Parent for "Cause," which shall include, without limitation, (i) the failure of the Consultant to perform his duties hereunder after at least 30 days' written notice thereof specifying such failure and the Consultant's failure to remedy same within such 30-day period; (ii) any act of illegality, dishonesty, moral turpitude, or fraud in connection with the Consultant's consultancy; (iii) any course of action by the Consultant which is materially detrimental to the business of the Parent or any of its affiliates (including without limitation any violation of Sections 7, 8 or 9 of this Agreement); or (iv) the commission by the Consultant of any felony; or (d) written notice by the Parent to the Consultant of termination of the Consultant's consultancy without Cause; or (e) written notice by the Consultant to the Parent of termination of his consultancyconsul- tancy. The date of termination of the Consultant's consultancy shall be the date written notice is given or such later date (within thirty (30) days following such notice) specified in the written notice.

Appears in 1 contract

Samples: Merger Agreement (3-D Geophysical Inc)

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