Termination of Employment; Separation Benefits Sample Clauses

Termination of Employment; Separation Benefits. A. Employee’s employment will terminate effective June 22, 2012 (the “Termination Date”). B. In consideration of Employee’s acceptance of this Agreement, Company shall pay to Employee twenty-four (24) weeks of pay at Employee’s regular base rate of pay (the “Separation Pay”). Such weekly payments shall be made after the Termination Date at the time of Company’s regular pay periods, commencing with the first such pay period following seven (7) days after Employee delivers the executed version of the Agreement to the Company. C. If, after the Termination Date, Employee elects to continue health and dental insurance through COBRA continuation coverage, Company agrees to pay through September 30, 2012, the portion of the premium for such insurance that Company would have paid had Employee maintained such insurance prior to the Termination Date. Employee shall be responsible for paying the remainder of the premium and Employee hereby requests that such amount be deducted by Company from the Separation Pay. D. Employee hereby agrees that Company will deduct from the Separation Pay all withholding taxes and other payroll deductions that Company is required by law to make from wage payments to employees. Employee hereby agrees that the payments and performances described in this Agreement are all that Employee shall be entitled to receive from Company except for vested qualified retirement benefits, if any, to which Employee may be entitled under Company’s ERISA plans. E. Employee agrees and acknowledges that he shall have no right or claim to any bonus payment from the Company including, but not limited to, any bonus under the Lumber Liquidators Holdings, Inc. Annual Bonus Plan for Executive Management. F. Employee acknowledges receipt of a payment of $40,000.00 in December 2011 relating to certain relocation expenses claimed by Employee. Company agrees not to seek reimbursement of such payment from Employee.
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Termination of Employment; Separation Benefits. Employee’s Employment with the Company ceased effective ____________ (the “Separation Date”).
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Termination of Employment; Separation Benefits. O'Neil's employment terminated effective July 31, 2001 ("Termination Date") pursuant to O'Neil's voluntary resignation. In consideration of O'Neil's acceptance of this Agreement, the Company shall pay to O'Xxxx x xxxxx sum equivalent to two (2) months' salary continuation at Employee's last regular rate of pay. This sum shall be paid to Employee in regular installments over a two-month period, each coinciding with the Company's regularly scheduled pay days and commencing with the first pay day following the Effective Date of this Agreement (as hereinafter defined). O'Neil hereby agrees that the Company will deduct from such payment all withholding taxes and other payroll deductions that the Company is required by law to make from wage payments to employees. O'Neil hereby further agrees that the payments and performances described in this Agreement are all that O'Neil shall be entitled to receive from the Company except for vested qualified retirement benefits, if any, to which O'Neil may be entitled under the Company's ERISA plans.
Sample 1
Termination of Employment; Separation Benefits. A. Employee will be terminated from employment on the Termination Date. In consideration of Employee’s acceptance of this Agreement: (a) NII shall pay Employee $666,925, which is the equivalent of 12 months of severance pay. This amount shall be paid to Employee in one lump sum, payable within twenty (20) business days of the Termination Date, subject to the Effective Date, as defined in Section 7 below, having occurred prior to the payment date. (b) In the event that NII exercises its discretion to make a payment under NII’s 2015 bonus plan for a period prior to and including the employee’s Termination Date, NII shall pay to Employee the unpaid prorated bonus to which Employee would have been entitled based on NII’s actual performance and pursuant to the terms and conditions of NII’s 2015 bonus plan if and when it is paid. B. In the event that NII triggers a payment pursuant to the Key Employee Incentive Plan (the “XXXX”), as provided for in NII’s bankruptcy proceedings, NII shall pay to Employee his portion of the payments due to him pursuant to the terms and conditions of the XXXX if and when payments are made to other eligible employees or on the Effective Date, if later. C. NII hereby acknowledges and agrees to meet its obligations and/or direct Nextel Brazil to meet its obligations pursuant to the Assignment Letter dated June 27, 2013, including but not limited to providing (a) tax equalization benefits and (b) expenses of up to $5,000 U.S. for tax counseling, in each case, in respect of taxes due by Employee related to calendar years 2014 and 2015; and (c) up to U.S. $35,000 will be paid by Nextel Brazil to the vendor reasonably selected by Employee for the shipment, insurance and taxes due on personal property and household goods moved from Brazil to the U.S. including air shipment for personal effects (such as clothing and linens) and surface or sea shipment for furniture and other household items. D. The Parties hereby agree that if NII determines that the transition of Employee’s responsibilities is substantially complete prior to the Termination Date, then NII may accelerate the date on which Employee ceases to provide services to NII and Nextel Brazil; provided, however that during the period between such date and the Termination Date, Employee shall continue to receive all salary and benefits in the normal course consistent with past practice. E. Employee hereby agrees that NII will deduct from the above-described payments all withholding tax...
Sample 1
Termination of Employment; Separation Benefits. 1.1 Employee’s employment with the Company will cease effective August 11, 2017 (the “Termination Date”). Employee shall be paid, offered and provided compensation and benefits at Employee’s current rates through the Termination Date. Notwithstanding the above, the parties agree that Employee’s accrued but unused vacation days will be equivalent to 80 hours, which amount will be paid in accordance with the Company’s normal policies. 1.2 In consideration of this Agreement, the Company shall pay to Employee fifty-two (52) weeks of pay at Employee’s regular base rate of pay as of the Termination Date (the “Separation Pay”). The period of time during which Employee receives Separation Pay shall be referred to herein as the “Separation Pay Period.” Such weekly payments shall be made after the Termination Date at the time of Company’s regular pay periods, commencing with the first such pay period following the Termination Date. 1.3 In addition to the Separation Pay and for purposes of compensating the Employee in recognition of his many contributions, the Company has agreed to pay Employee an additional amount equal to One Hundred Thousand Dollars ($100,000) (the “Additional Payment”). The Additional Payment will be paid in fifty-two (52) weekly payments consisting of fifty-one (51) weekly payments of One Thousand Nine Hundred and Twenty-Three dollars ($1,923) and one (1) payment of One Thousand Nine Hundred and Twenty-Seven dollars ($1,927). Such weekly payments shall be made after the Termination Date at the time of Company’s regular pay periods, commencing with the first such pay period following the Termination Date. 1.4 If, after the Termination Date, Employee elects to continue health and dental insurance through COBRA continuation coverage, Company agrees to pay through the Separation Pay Period, the premium for such insurance and Employee shall pay that portion of the premium that Employee would have paid had Employee maintained such insurance prior to the Termination Date. Employee hereby requests and authorizes that such amount be deducted by Company from the Separation Pay. 1.5 Employee hereby agrees that Company will deduct from the Separation Pay and the Additional Pay all withholding taxes and other payroll deductions that Company is required by law to make from wage payments to employees. With the sole limitation of the withholdings and deductions in this Section 1.5 that are the sole responsibility of Company, if any governmental taxing authority...
Sample 1
Termination of Employment; Separation Benefits. Xxxxxx'x employment terminated effective November 26, 2001 ("Termination Date") pursuant to Xxxxxx'x voluntary resignation. In consideration of Xxxxxx'x acceptance of this Agreement, the Company shall pay to Xxxxxx a gross sum equivalent to four (4) months' salary continuation at Employee's last regular rate of pay. This sum shall be paid to Employee in regular installments over a four-month period, each coinciding with the Company's regularly scheduled pay days and commencing with the first pay day following the Effective Date of this Agreement (as hereinafter defined). Xxxxxx hereby agrees that the Company will deduct from such payment all withholding taxes and other payroll deductions that the Company is required by law to make from wage payments to employees. Xxxxxx hereby further agrees that the payments and performances described in this Agreement are all that Xxxxxx shall be entitled to receive from the Company except for vested qualified retirement benefits, if any, to which Xxxxxx may be entitled under the Company's ERISA plans.
Sample 1
Termination of Employment; Separation Benefits. A. Employee’s employment will terminate effective September 28, 2010 (the “Termination Date”). B. In consideration of Employee’s acceptance of this Agreement, Company shall pay to Employee twelve (12) weeks of pay at Employee’s regular base rate of pay (the “Separation Pay”) at the time of Company’s regular pay periods, commencing with the first pay period following seven (7) days after Employee delivers the executed version of the Agreement to the Company. C. If, after the Termination Date, Employee elects to continue health and dental insurance through COBRA continuation coverage, Company agrees to pay through December 31, 2010, the portion of the premium for such insurance that Company would have paid had Employee maintained such insurance prior to the Termination Date. Employee shall be responsible for paying the remainder of the premium and Employee hereby requests that such amount be deducted by the Company from the Separation Pay. D. Employee hereby agrees that Company will deduct from the Separation Pay all withholding taxes and other payroll deductions that Company is required by law to make from wage payments to employees. Employee hereby agrees that the payments and performances described in this Agreement are all that Employee shall be entitled to receive from Company except for vested qualified retirement benefits, if any, to which Employee may be entitled under Company’s ERISA plans.
Sample 1
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Termination of Employment; Separation Benefits. Consultant’s consultancy with the Company ceased effective ____________ (the “Separation Date”).
Sample 1

Related to Termination of Employment; Separation Benefits

  • Termination of Employment Severance Your immediate supervisor or the Company's Board of Directors may terminate your employment, with or without cause, at any time by giving you written notice of your termination, such termination of employment to be effective on the date specified in the notice. You also may terminate your employment with the Company at any time. The effective date of termination (the "Effective Date") shall be the last day of your employment with the Company, as specified in a notice by you, or if you are terminated by the Company, the date that is specified by the Company in its notice to you. The following subsections set forth your rights to severance in the event of the termination of your employment in certain circumstances by either the Company or you. Section 5 also sets forth certain restrictions on your activities if your employment with the Company is terminated, whether by the Company or you. That section shall survive any termination of this Agreement or your employment with the Company.

  • Termination of Employment with Severance Benefits (a) In the event that the Officer’s employment with the Bank shall terminate during the Assurance Period, or prior to the commencement of the Assurance Period but within three (3) months of and in connection with a Change of Control as defined in section 10 of this Agreement on account of: (i) The Officer’s voluntary resignation from employment with the Bank within ninety (90) days following: (A) the failure of the Bank’s Board to appoint or re-appoint or elect or re-elect the Officer to serve in the same position in which the Officer was serving, on the day before the Assurance Period commenced or a more senior office; (B) the failure of the stockholders of the Holding Company to elect or re-elect the Officer as a member of the Board, if he was a member of the Board on the day before the Assurance Period commenced; (C) the expiration of a thirty (30) day period following the date on which the Officer gives written notice to the Bank of its material failure, whether by amendment of the Bank’s Organization Certificate or By-laws, action of the Board or the Holding Company’s stockholders or otherwise, to vest in the Officer the functions, duties, or responsibilities vested in the Officer on the day before the Assurance Period commenced (or the functions, duties and responsibilities of a more senior office to which the Officer may be appointed), unless during such thirty (30) day period, the Bank fully cures such failure; (D) the failure of the Bank to cure a material breach of this Agreement by the Bank, within thirty (30) days following written notice from the Officer of such material breach; (E) a reduction in the compensation provided to the Officer, or a material reduction in the benefits provided to the Officer under the Bank’s program of employee benefits, compared with the compensation and benefits that were provided to the Officer on the day before the Assurance Period commenced; (F) a change in the Officer’s principal place of employment that would result in a one-way commuting time in excess of the greater of (I) 30 minutes or (II) the Officer’s commuting time immediately prior to such change; or (ii) the discharge of the Officer by the Bank for any reason other than for “cause” as provided in section 9(a); then, subject to section 21, the Bank shall provide the benefits and pay to the Officer the amounts provided for under section 8(b) of this Agreement; provided, however, that if benefits or payments become due hereunder as a result of the Officer’s termination of employment prior to the commencement of the Assurance Period, the benefits and payments provided for under section 8(b) of this Agreement shall be determined as though the Officer had remained in the service of the Bank (upon the terms and conditions in effect at the time of his actual termination of service) and had not terminated employment with the Bank until the date on which the Officer’s Assurance Period would have commenced. (b) Upon the termination of the Officer’s employment with the Bank under circumstances described in section 8(a) of this Agreement, the Bank shall pay and provide to the Officer (or, in the event of the Officer’s death, to the Officer’s estate) on his termination of employment, subject to section 24 : (i) the Officer’s earned but unpaid compensation (including, without limitation, all items which constitute wages under section 190.1 of the New York Labor Law and the payment of which is not otherwise provided for under this section 8(b)) as of the date of the termination of the Officer’s employment with the Bank, such payment to be made at the time and in the manner prescribed by law applicable to the payment of wages but in no event later than thirty (30) days after termination of employment; (ii) the benefits, if any, to which the Officer is entitled as a former employee under the employee benefit plans and programs and compensation plans and programs maintained for the benefit of the Bank’s officers and employees; (iii) continued group life, health (including hospitalization, medical and major medical), accident and long term disability insurance benefits, in addition to that provided pursuant to section 8(b)(ii) and after taking into account the coverage provided by any subsequent employer, if and to the extent necessary to provide for the Officer, for the remaining unexpired Assurance Period, coverage equivalent to the coverage to which the Officer would have been entitled under such plans (as in effect on the date of his termination of employment, or, if his termination of employment occurs after a Change of Control, on the date of such Change of Control, whichever benefits are greater) if the Officer had continued working for the Bank during the remaining unexpired Assurance Period at the highest annual rate of compensation achieved during the Officer’s period of actual employment with the Bank; (iv) a lump sum payment, in an amount equal to the pre­sent value of the salary that the Officer would have earned if the Officer had continued working for the Bank during the remaining unexpired Assurance Period at the highest annual rate of salary achieved during the Officer’s period of actual employment with the Bank, where such present value is to be determined using a discount rate equal to the applicable short-term federal rate prescribed under section 1274(d) of the Internal Revenue Code of 1986 (“Code”) (“Applicable Short-Term Rate”), compounded using the compounding periods corresponding to the Bank’s regular payroll periods for its officers, such lump sum to be paid in lieu of all other payments of salary provided for under this Agreement in respect of the period following any such termination; (v) a lump sum payment in an amount equal to the excess, if any, of: (A) the present value of the aggregate benefits to which the Officer would be entitled under any and all qualified and non-qualified defined benefit pension plans maintained by, or covering employees of, the Bank if the Officer were 100% vested thereunder and had continued working for the Bank during the remaining unexpired Assurance Period, such benefits to be determined as of the date of termination of employment by adding to the service actually recognized under such plans an additional period equal to the remaining unexpired Assurance Period and by adding to the compensation recognized under such plans for the year in which termination of employment occurs all amounts payable under sections 8(b)(I), (iv) and (vii); (B) the present value of the benefits to which the Officer is actually entitled under such defined benefit pension plans as of the date of his termination; where such present values are to be determined using the mortality tables prescribed under section 415(b)(2)(E)(v) of the Code and a discount rate, compounded monthly, equal to the applicable long-term federal rate prescribed under section 1274(d) of the Code for the month in which his employment terminates; provided, however, that if payments are made under this section 8(b)(v) as a result of this section deeming otherwise unvested amounts under such defined benefit plans to be vested, the payments, if any, attributable to such deemed vesting shall be paid in the same form, and paid at the same time, and in the same manner, as benefits under the corresponding non-qualified plan; (vi) a lump sum payment in an amount equal to the present value of the additional employer contributions (or if greater in the case of a leveraged employee stock ownership plan or similar arrangement, the additional assets allocable to him through debt service, based on the fair market value of such assets at termination of employment) to which he would have been entitled under any and all qualified and non-qualified defined contribution plans maintained by, or covering employees of, the Bank, if he were 100% vested thereunder and had continued working for the Bank during the remaining unexpired Assurance Period at the highest annual rate of compensation achieved during the Officer’s period of actual employment with the Bank, and making the maximum amount of employee contributions, if any, required under such plan or plans, such present value to be determined on the basis of the discount rate, compounded using the compounding period that corresponds to the frequency with which employer contributions are made to the relevant plan, equal to the Applicable Short-Term Rate; provided, however, that if payments are made under this section 8(b)(vi) as a result of this section deeming otherwise unvested amounts under such defined contribution plans to be vested, the payments, if any, attributable to such deemed vesting shall be paid in the same form, and paid at the same time, and in the same manner, as benefits under the corresponding non-qualified plan; (vii) the payments that would have been made to the Officer under any cash bonus or long-term or short-term cash incentive compensation plan maintained by, or covering employees of, the Bank, if he had continued working for the Bank during the remaining unexpired Assurance Period and had earned the maximum bonus or incentive award in each calendar year that ends during the remaining unexpired Assurance Period, such payments to be equal to the product of: (A) the maximum percentage rate at which an award was ever available to the Officer under such incentive compensation plan; multiplied by (B) the salary that would have been paid to the Officer during each such calendar year at the highest annual rate of salary achieved during the remaining unexpired Assurance Period, such payments to be made without discounting for early payment .. The Bank and the Officer hereby stipulate that the damages which may be incurred by the Officer following any such termination of employment are not capable of accurate measurement as of the date first above written and that the payments and benefits contemplated by this section 8(b) constitute a reasonable estimate under the circumstances of all damages sustained as a consequence of any such termination of employment, other than damages arising under or out of any stock option, restricted stock or other non-qualified stock acquisition or investment plan or program, it being understood and agreed that this Agreement shall not determine the measurement of damages under any such plan or program in respect of any termination of employment. Such damages shall be payable without any requirement of proof of actual damage and without regard to the Officer’s efforts, if any, to mitigate damages. The Bank and the Officer further agree that the Bank may condition the payments and benefits (if any) due under sections 8(b)(iii), (iv), (v), (vi) and (vii) on the receipt of the Officer’s resignation from any and all positions which he holds as an officer, director or committee member with respect to the Bank, the Company or any subsidiary or affiliate of either of them.

  • Termination of Employment and Severance Benefits The Executive’s employment hereunder shall terminate under the following circumstances:

  • Severance Compensation upon Termination of Employment 4.1 If the Executive’s employment with the Corporation or the Partnership shall be terminated (a) by the Corporation or Partnership other than for Cause or pursuant to Sections 3.6 or 3.7, or (b) by the Executive for Good Reason, then the Corporation and the Partnership shall: (i) pay to the Executive as severance pay, within five days after termination, a lump sum payment equal to 250% of the sum of the Executive’s annual salary at the rate applicable on the date of termination and the average of the Executive’s annual bonus for the preceding two full fiscal years; (ii) arrange to provide Executive, for a 12 month period (or such shorter period as Executive may elect), with disability, accident and health insurance substantially similar to those insurance benefits which Executive is receiving immediately prior to the date of termination to the extent obtainable upon reasonable terms; provided, however, if it is not so obtainable the Corporation shall pay to the Executive in cash the annual amount paid by the Corporation or the Partnership for such benefits during the previous year of the Executive’s employment. Benefits otherwise receivable by Executive pursuant to this Section 4.1(ii) shall be reduced to the extent comparable benefits are actually received by the Executive during such 12 month period following his termination (or such shorter period elected by the Executive), and any such benefits actually received by Executive shall be reported by the Executive to the Corporation; and (iii) any options granted to Executive to acquire common stock of the Corporation, any restricted shares of common stock of the Corporation issued to the Executive and any other awards granted to the Executive under any employee benefit plan that have not vested shall immediately vest on said termination. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor, except to the extent provided in Section 4.1 above, shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as a result of employment by another employer or by insurance benefits after the date of termination, or otherwise. (b) The provisions of this Agreement, and any payment provided for hereunder, shall not reduce any amounts otherwise payable, or in any way diminish the Executive’s existing rights, or rights which would accrue solely as a result of the passage of time, under any benefit plan of the Corporation or Partnership, or other contract, plan or arrangement.

  • Qualifying Termination of Employment A “Qualifying Termination of Employment” shall mean a termination of Executive’s employment during the Protected Period either (a) by the Company other than for Cause or (b) by Executive for a Good Reason. The Executive’s death or Disability during the Protected Period shall not constitute a Qualifying Termination of Employment.

  • Termination of Employment Executive's employment hereunder may be terminated under the following circumstances:

  • Compensation Following Termination of Employment In the event that Executive's employment hereunder is terminated, Executive shall be entitled to the following compensation and benefits upon such termination:

  • Separation of Employment (a) If an employee is discharged he shall be paid in full for all monies owing him on the date of his discharge. If an employee quits the Employer may withhold payment for five (5) calendar days. (b) The Employer shall give a Record of Employment Certificate to any employee who separates from employment for at least seven (7) days for any reason within five (5) days of the last day worked, or terminates.

  • Other Termination of Employment In the event of your voluntary termination (other than a Retirement subject to Section 2(c) or a Qualifying Termination subject to Section 2(f)), or termination by the Company or a subsidiary of the Company for misconduct or other conduct deemed by the Company to be detrimental to the interests of the Company or a subsidiary of the Company, you shall forfeit all unvested RSUs on the date of termination.

  • Termination of Employment Agreement As of the Effective Date, the Employment Agreement hereby is terminated in its entirety and shall no longer have any force or effect.

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