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 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; or (v) upon thirty (30) days’ prior written notice by Executive to the Company of Executive’s voluntary termination of employment. Upon the Company giving notice of termination pursuant to Section 7(a)(i) or (ii), or Executive giving notice of termination pursuant to Section 7(a)(v), the Company may require that Executive immediately leave the Company’s premises, but such requirement shall not affect the effective date of termination of employment. (b) For the purposes of this Agreement: (i) The term “Change in Control” shall mean the occurrence of any of the following:

Appears in 5 contracts

Samples: Employment Agreement (Fairway Group Holdings Corp), Employment Agreement (Fairway Group Holdings Corp), 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 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; or; (v) upon thirty (30) days’ prior written notice by Executive to the Company of Executive’s voluntary termination of employmentemployment without “good reason”; or (vi) upon 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 Company 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 “Change in Control” shall mean the occurrence of any of the following:

Appears in 1 contract

Samples: Employment Agreement (Fairway Group Holdings Corp)

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