TERMINATION OF EMPLOYMENT; EFFECT OF TERMINATION. (a) Executive’s employment hereunder shall terminate upon the first to occur of the following: (i) upon thirty (30) days’ prior written notice to Executive upon the determination by the GP Board that Executive’s performance of his duties has not been fully satisfactory for any reason which would not constitute “justifiable cause” (as hereinafter defined); (ii) upon three (3) days’ prior written notice to Executive upon the determination by the GP Board that there is justifiable cause for such termination; (iii) automatically and without notice upon the death of Executive; (iv) in accordance with the terms of subsection (d) hereof upon the “disability” (as hereinafter defined) of Executive; (v) upon written notice by the Executive to the Company of a termination for good reason (as hereinafter defined) within ninety (90) days after the event that constitutes good reason; or (vi) upon 30 days’ prior written notice by Executive to the Company of the Executive’s voluntary termination of employment without good reason. (b) For the purposes of this Agreement, the term:
Appears in 8 contracts
Samples: Employment Agreement (U.S. Shipping Partners L.P.), Employment Agreement (U.S. Shipping Partners L.P.), Employment Agreement (U.S. Shipping Partners L.P.)
TERMINATION OF EMPLOYMENT; EFFECT OF TERMINATION. (a) Executive’s 's employment hereunder shall terminate upon the first to occur of the following:
(i) upon thirty (30) days’ ' prior written notice to Executive upon the determination by the GP Board that Executive’s 's performance of his duties has not been fully satisfactory for any reason which would not constitute “"justifiable cause” " (as hereinafter defined);
(ii) upon three (3) days’ ' prior written notice to Executive upon the determination by the GP Board that there is justifiable cause for such termination;
(iii) automatically and without notice upon the death of Executive;
(iv) in accordance with the terms of subsection (d) hereof upon the “"disability” " (as hereinafter defined) of Executive;
(v) upon written notice by the Executive to the Company of a termination for good reason (as hereinafter defined) within ninety (90) days after the event that constitutes good reason; or
(vi) upon 30 days’ ' prior written notice by Executive to the Company of the Executive’s 's voluntary termination of employment without good reason.
(b) For the purposes of this Agreement, the term:
Appears in 6 contracts
Samples: Employment Agreement (U.S. Shipping Partners L.P.), Employment Agreement (U.S. Shipping Partners L.P.), Employment Agreement (U.S. Shipping Partners L.P.)
TERMINATION OF EMPLOYMENT; EFFECT OF TERMINATION. (a) Executive’s 's employment hereunder shall terminate upon the first to occur of the following:
(i) upon thirty (30) days’ ' prior written notice to Executive upon the determination by the GP Board of Directors of the Company that Executive’s performance of his duties has not been fully satisfactory 's employment shall be terminated for any reason which would not constitute “"justifiable cause” " (as hereinafter defined);
(ii) upon three (3) days’ prior written notice to Executive upon the determination by the GP Board of Directors of the Company that there is justifiable cause for such termination;
(iii) automatically and without notice upon the death of Executive;
(iv) in accordance with the terms of subsection (de) hereof upon the “"disability” " (as hereinafter defined) of Executive;
(v) upon written notice by the Executive to the Company of a termination for good reason thirty (as hereinafter defined30) within ninety (90) days after the event that constitutes good reason; or
(vi) upon 30 days’ ' prior written notice by Executive to the Company of the Executive’s 's voluntary termination of employment; or
(vi) upon thirty (30) days' prior written notice by Executive to the Company of the Executive's termination of his employment without for "good reason" (as hereinafter defined).
(b) For the purposes of this Agreement, the term:
Appears in 1 contract
Samples: Employment Agreement (G Iii Apparel Group LTD /De/)
TERMINATION OF EMPLOYMENT; EFFECT OF TERMINATION. (a) Executive’s employment hereunder shall terminate upon the first to occur of the following:
(i) upon thirty (30) days’ prior written notice to Executive upon the determination by the GP Board of Directors of the Company that Executive’s performance of his duties has not been fully satisfactory employment shall be terminated for any reason which would not constitute “justifiable cause” (as hereinafter defined);
(ii) upon three (3) days’ prior written notice to Executive upon the determination by the GP Board of Directors of the Company that there is justifiable cause for such termination;
(iii) automatically and without notice upon the death of Executive;
(iv) in accordance with the terms of subsection (de) hereof upon the “disability” (as hereinafter defined) of Executive;
(v) upon written notice by the Executive to the Company of a termination for good reason thirty (as hereinafter defined30) within ninety (90) days after the event that constitutes good reason; or
(vi) upon 30 days’ prior written notice by Executive to the Company of the Executive’s voluntary termination of employment; or
(vi) upon thirty (30) days’ prior written notice by Executive to the Company of the Executive’s termination of his employment without for “good reason” (as hereinafter defined).
(b) For the purposes of this Agreement, the term:
Appears in 1 contract
Samples: Employment Agreement (G Iii Apparel Group LTD /De/)
TERMINATION OF EMPLOYMENT; EFFECT OF TERMINATION. (a) This Agreement and Executive’s 's employment hereunder shall terminate upon the first to occur of the followingbe terminated:
(i) upon thirty (30) days’ prior written notice to Executive upon the determination by the GP Board that Executive’s performance of his duties has not been fully satisfactory at any time for any reason which would not constitute “justifiable causeJustifiable Cause” (as hereinafter defined);
(ii) , upon three (3) 90 days’ prior written notice of termination from the Company to Executive or (ii) at any time under circumstances constituting “Good Reason” (as such term is hereinafter defined), upon 10 days’ prior written notice of termination from Executive to the Company; or
(2) (i) following the determination by the GP Board that there is justifiable cause Justifiable Cause for such termination;, upon 10 days’ prior written notice of termination from the Company to Executive or (ii) at any time for any reason other than Good Reason, upon 30 days’ prior written notice of termination from Executive to the Company; or
(iii3) automatically and without notice immediately upon the death of Executive;; or
(iv4) in accordance with the terms event of subsection (d) hereof upon the “disabilityDisability” (as hereinafter defined) of Executive;
(v) upon written notice by the Executive to the Company of a termination for good reason (as hereinafter defined) within ninety (90) days after the event that constitutes good reason; or
(vi) , upon 30 days’ prior written notice by Executive to from the Company of the to Executive’s voluntary termination of employment without good reason.
(b) For the purposes of this Agreement. As used herein, the termfollowing capitalized terms shall have the following meanings:
Appears in 1 contract