Common use of Termination Other Than an Involuntary Termination Clause in Contracts

Termination Other Than an Involuntary Termination. If Executive’s employment hereunder shall terminate upon expiration of the term provided in Section 3.1 because either party has provided the notice contemplated in such Section, or if Executive’s employment hereunder shall terminate for any other reason except those described in Sections 5.2 and 5.3, then all compensation and all benefits to Executive hereunder shall continue to be provided until the date of such termination of employment and such compensation and benefits shall terminate contemporaneously with such termination of employment; provided, however, that if such termination of employment shall be for a reason encompassed by Section 3.2(a) or (b), then, subject to the provisions of Sections 5.5, 5.7 and, in the case of a termination encompassed by Section 3.2(b), Section 5.6, Company shall (a) pay Executive an aggregate amount equal to Executive’s base salary at the annual rate in effect pursuant to Section 4.1 as of the date of such termination of employment, which aggregate amount shall be divided into 18 equal installments and one such installment shall be paid on the last day of each month throughout the 18-month period commencing on the date of such termination of employment, and (b) pay Executive within 30 days after such termination of employment an amount equal to Executive’s target bonus pursuant to Section 4.2 for the year in which such termination of employment occurs multiplied by a fraction, the numerator of which is the number of days during the period beginning on the first day of the calendar year in which such termination of employment occurs and ending on the date of such termination of employment, and the denominator of which is 365.

Appears in 5 contracts

Samples: Employment Agreement (Concho Resources Inc), Employment Agreement (Concho Resources Inc), Employment Agreement (Concho Resources Inc)

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Termination Other Than an Involuntary Termination. If Executive’s employment hereunder shall terminate upon expiration of the term provided in Section 3.1 because either party has provided the notice contemplated in such Section, or if Executive’s employment hereunder shall terminate for any other reason except those described in Sections 5.2 and 5.3, then all compensation and all benefits to Executive hereunder shall continue to be provided until the date of such termination of employment and such compensation and benefits shall terminate contemporaneously with such termination of employment; provided, however, that if such termination of employment shall be for a reason encompassed by Section 3.2(a) or (b), then, subject to the provisions of Sections 5.5, 5.7 and, in the case of a termination encompassed by Section 3.2(b), Section 5.6, Company shall (a) pay Executive an aggregate amount equal to Executive’s base salary at the annual rate in effect pursuant to Section 4.1 as of the date of such termination of employment, which aggregate amount shall be divided into 18 24 equal installments and one such installment shall be paid on the last day of each month throughout the 1824-month period commencing on the date of such termination of employment, and (b) pay Executive within 30 days after such termination of employment an amount equal to Executive’s target bonus pursuant to Section 4.2 for the year in which such termination of employment occurs multiplied by a fraction, the numerator of which is the number of days during the period beginning on the first day of the calendar year in which such termination of employment occurs and ending on the date of such termination of employment, and the denominator of which is 365.

Appears in 2 contracts

Samples: Employment Agreement (Concho Resources Inc), Employment Agreement (Concho Resources Inc)

Termination Other Than an Involuntary Termination. If Executive’s employment hereunder shall terminate upon expiration of the term provided in Section 3.1 because either party has provided the notice contemplated in such Section, or if Executive’s employment hereunder shall terminate for any other reason except those described in Sections 5.2 and 5.3, then all compensation and all benefits to Executive hereunder shall continue to be provided until the date of such termination of employment and such compensation and benefits shall terminate contemporaneously with such termination of employment; provided, however, that if such termination of employment shall be for a reason encompassed by Section 3.2(a) or (b), then, subject to the provisions of Sections 5.5, 5.7 and, in the case of a termination encompassed by Section 3.2(b), Section 5.6, Company shall (a) pay Executive an aggregate amount equal to Executive’s base salary at the annual rate in effect pursuant to Section 4.1 as of the date of such termination of employment, which aggregate amount shall be divided into 18 equal installments and one such installment shall be paid on the last day of each month throughout the 18-month period commencing on the date of such termination of employment, and (b) pay Executive within 30 days after such termination of employment an amount equal to Executive’s target bonus pursuant to Section 4.2 for the year in which such termination of employment occurs multiplied by a fraction, the numerator of which is the number of days during the period beginning on the first day of the calendar year in which such termination of employment occurs and ending on the date of such termination of employment, and the denominator of which is 365.

Appears in 2 contracts

Samples: Employment Agreement (Concho Resources Inc), Employment Agreement (Concho Resources Inc)

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Termination Other Than an Involuntary Termination. If Executive’s employment hereunder shall terminate upon expiration of the term provided in Section 3.1 because either party has provided the notice contemplated in such Section, or if Executive’s employment hereunder shall terminate for any other reason except those described in Sections 5.2 and 5.3, then all compensation and all benefits to Executive hereunder shall continue to be provided until the date of such termination of employment and such compensation and benefits shall terminate contemporaneously with such termination of employment; provided, however, that if such termination of employment shall be for a reason encompassed by Section 3.2(a) or (b), then, subject to the provisions of Sections 5.55.6, 5.7 5.8 and, in the case of a termination encompassed by Section 3.2(b), Section 5.65.7, Company shall (a) pay Executive an aggregate amount equal to Executive’s base salary at the annual rate in effect pursuant to Section 4.1 as of the date of such termination of employment, which aggregate amount shall be divided into 18 equal installments and one such installment shall be paid on the last day of each month throughout the 18-month period commencing on the date of such termination of employment, and (b) pay Executive within 30 days after such termination of employment an amount equal to Executive’s target bonus pursuant to Section 4.2 for the year in which such termination of employment occurs multiplied by a fraction, the numerator of which is the number of days during the period beginning on the first day of the calendar year in which such termination of employment occurs and ending on the date of such termination of employment, and the denominator of which is 365.

Appears in 1 contract

Samples: Employment Agreement (Concho Resources Inc)

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