Common use of TERMINATION OF EMPLOYMENT; EFFECT OF TERMINATION Clause in Contracts

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 Board of Directors that Executive’s employment shall be terminated for any reason which would not constitute “justifiable cause”; (ii) upon written notice to Executive upon the determination by the Board of Directors that there is justifiable cause for such termination; (iii) automatically upon the death of Executive; (iv) in accordance with the terms of subsection (e) hereof upon the “disability” (as defined below) of Executive; (v) upon written notice by Executive to the Company of a termination for “good reason” (as defined below) within thirty (30) days after the event that constitutes good reason; (vi) upon thirty (30) days’ prior written notice by Executive to the Company of Executive’s voluntary termination of employment without good reason; or (vii) upon expiration of the Employment Term. (b) For the purposes of this Agreement: (i) The term “disability” shall mean the inability of Executive, due to illness, accident or any other physical or mental incapacity, substantially to perform the essential functions of his duties, with or without reasonable accommodation, for a period of three (3) months (whether or not consecutive) in any twelve (12) month period during the Employment Term, as reasonably determined by the Board of Directors, in good faith, after examination of Executive by an independent physician reasonably acceptable to Executive.

Appears in 3 contracts

Samples: Junior Partner Employment Agreement (Fairway Group Holdings Corp), Junior Partner Employment Agreement (Fairway Group Holdings Corp), Junior Partner Employment Agreement (Fairway Group Holdings Corp)

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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 Board of Directors that Executive’s employment shall be terminated for any reason which would not constitute “justifiable cause”; (ii) upon written notice to Executive upon the determination by the Board of Directors that there is justifiable cause for such termination; (iii) automatically upon the death of Executive; (iv) in accordance with the terms of subsection (e) hereof upon the “disability” (as defined below) of Executive;; or (v) upon written notice by Executive to the Company of a termination for “good reason” (as defined below) within thirty (30) days after the event that constitutes good reason; (vi) upon thirty (30) days’ prior written notice by Executive to the Company of Executive’s voluntary termination of employment without good reason; or (vii) upon expiration of the Employment Termemployment. (b) For the purposes of this Agreement: (i) The term “disability” shall mean the inability of Executive, due to illness, accident or any other physical or mental incapacity, substantially to perform the essential material functions of his duties, with or without reasonable accommodation, for a period of three (3) months (whether or not consecutive) in any twelve (12) month period during the Employment Term, as reasonably determined by the Board of Directors, in good faith, after examination of Executive by an independent physician reasonably acceptable to Executivephysician.

Appears in 1 contract

Samples: Employment Agreement (Fairway Group Holdings Corp)

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 Board of Directors that Executive’s employment shall be terminated for any reason which would not constitute “justifiable cause”; (ii) upon written notice to Executive upon the determination by from the Board of Directors that there is termination for “justifiable cause for such terminationcause”; (iii) automatically and without notice upon the death of Executive; (iv) in accordance with the terms of subsection (e) hereof upon the “disability” (as defined below) of Executive; (v) upon written notice by Executive to the Company of a termination for “good reason” (as defined below) within thirty (30) days after the event that constitutes good reason; (vi) upon thirty (30) days’ prior written notice by Executive to the Company of Executive’s voluntary termination of employment without good reason; or (viivi) upon expiration written notice by Executive to the Company of Executive’s termination of employment for “good reason” in accordance with Section 7(b)(ii). Upon the Employment TermCompany giving notice of termination pursuant to Section 7(a)(i) or (ii), or Executive giving notice of termination pursuant to Section 7(a)(v) or (vi), the Company may require that Executive immediately leave the Company’s premises, upon being given a reasonable opportunity to collect his personal effects and belongings, but such requirement shall not affect the effective date of termination of employment. (b) For the purposes of this Agreement: (i) The term “disability” shall mean the inability of Executive, due to illness, accident or any other physical or mental incapacity, substantially to perform have performed the essential functions of his duties, with or without reasonable accommodation, for a period of three four (34) months (whether or not consecutive) in any twelve (12) month period during the Employment Term, as reasonably determined by the Board of Directors, in good faith, after examination of Executive by an independent physician reasonably acceptable to ExecutiveBoard.

Appears in 1 contract

Samples: Employment Agreement (Fairway Group Holdings Corp)

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 Board of Directors Company that Executive’s employment shall be terminated for any reason which would does not constitute “justifiable cause” (as hereinafter defined); (ii) upon written notice to Executive upon the determination by the Board of Directors Company in the event that there is justifiable cause for such termination; (iii) automatically upon the death of Executive; (iv) in accordance with the terms of subsection (e) hereof upon the “disability” (as defined belowhereinafter defined) of Executive; (v) upon thirty (30) days’ prior written notice by Executive to the Company of a termination for “good reason” (as defined below) within thirty (30) days after the event that constitutes good reason;hereinafter defined); or (vi) upon thirty (30) days’ prior written notice by Executive to the Company of the Executive’s voluntary termination of employment without other than for good reason; or (vii) upon expiration of the Employment Term. (b) For the purposes of this Agreement: (i) The the term “disability” shall mean the inability of Executive, due to illness, accident or any other physical or mental incapacity, substantially to perform the essential material functions of his duties, with or without reasonable accommodation, duties for a period of three (3) consecutive months or for a total of four (4) months (whether or not consecutive) in any twelve (12) month period during the Employment Termterm of this Agreement, as reasonably determined by the Board of Directors, Company in good faith, after examination of Executive by an independent physician reasonably acceptable to Executive.;

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 sixty (3060) days’ prior written notice to Executive upon the determination by the Board of Directors that Executive’s employment shall be terminated for any reason which would not constitute “justifiable cause”; (ii) upon written notice to Executive upon the determination by the Board of Directors that there is justifiable cause for such termination; (iii) automatically upon the death of Executive; (iv) in accordance with the terms of subsection (e) hereof upon the “disability” (as defined below) of Executive; (v) upon written notice by Executive to the Company of a termination for “good reason” (as defined below) within thirty (30) days after the event that constitutes good reason; (vi) upon thirty (30) days’ prior written notice by Executive to the Company of Executive’s voluntary termination of employment without good reason; or (vii) upon expiration of the Employment Term. (b) For the purposes of this Agreement: (i) The the term “disability” shall mean the inability of Executive, due to illness, accident or any other physical or mental incapacity, substantially to perform the essential material functions of his duties, with or without reasonable accommodation, for a period of three six (36) months (whether or not consecutive) in any twelve (12) month period during the Employment Term, as reasonably determined by the Board of Directors, in good faith, after examination of Executive by an independent physician reasonably acceptable to Executive.;

Appears in 1 contract

Samples: Employment Agreement (Fairway Group Holdings Corp)

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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 Board of Directors that Executive’s employment shall be terminated for any reason which would not constitute “justifiable cause”; (ii) upon written notice to Executive upon the determination by the Board of Directors that there is justifiable cause for such termination; (iii) automatically upon the death of Executive; (iv) in accordance with the terms of subsection (e) hereof upon the “disability” (as defined below) of Executive; (v) upon written notice by Executive to the Company of a termination for “good reason” (as defined below) within thirty (30) days after the event that constitutes good reason; (vi) upon thirty (30) days’ prior written notice by Executive to the Company of Executive’s voluntary termination of employment without good reason; or (vii) upon expiration of the Employment Term. (b) For the purposes of this Agreement: (i) The term “disability” shall mean the inability of Executive, due to illness, accident or any other physical or mental incapacity, substantially to perform the essential material functions of his duties, with or without reasonable accommodation, for a period of three (3) months (whether or not consecutive) in any twelve (12) month period during the Employment Term, as reasonably determined by the Board of Directors, in good faith, after examination of Executive by an independent physician reasonably acceptable to Executive.

Appears in 1 contract

Samples: Employment Agreement (Fairway Group Holdings Corp)

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 Board of Directors that Executive’s employment shall be terminated for any reason which would not constitute “justifiable cause”; (ii) upon written notice to Executive upon the determination by from the Board of Directors that there is termination for “justifiable cause for such terminationcause”; (iii) automatically and without notice upon the death of Executive; (iv) in accordance with the terms of subsection (e) hereof upon the “disability” (as defined below) of Executive; (v) upon written notice by Executive to the Company of a termination for “good reason” (as defined below) within thirty (30) days after the event that constitutes good reason; (vi) upon thirty (30) days’ prior written notice by Executive to the Company of Executive’s voluntary termination of employment without good reason; or (viivi) upon expiration written notice by Executive to the Company of Executive’s termination of employment for “good reason” in accordance with Section 7(b)(ii). Upon the Employment TermCompany giving notice of termination pursuant to Section 7(a)(i) or (ii), or Executive giving notice of termination pursuant to Section 7(a)(v) or (vi), the Company may require that Executive immediately leave the Company’s premises, upon being given a reasonable opportunity to collect her personal effects and belongings, but such requirement shall not affect the effective date of termination of employment. (b) For the purposes of this Agreement: (i) The term “disability” shall mean the inability of Executive, due to illness, accident or any other physical or mental incapacity, substantially to perform have performed the essential functions of his her duties, with or without reasonable accommodation, for a period of three four (34) months (whether or not consecutive) in any twelve (12) month period during the Employment Term, as reasonably determined by the Board of Directors, in good faith, after examination of Executive by an independent physician reasonably acceptable to ExecutiveBoard.

Appears in 1 contract

Samples: Employment Agreement (Fairway Group Holdings Corp)

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