Termination; Section 4999 Clause Samples

Termination; Section 4999. Prior to expiration of the Employment Term, Executive’s employment hereunder may be terminated by either the Company or Executive at any time and for any reason; provided that, unless otherwise provided herein, either party will be required to give the other party at least sixty (60) days advance written notice of any termination of Executive’s employment. Notwithstanding any other provision of this Agreement, the provisions of this Section 7 shall exclusively govern Executive’s rights upon termination of employment with Holdings, the Company, and any of their respective Affiliates. a. By the Company For Cause or By Executive Due to Voluntary Resignation Without Good Reason Prior to Expiration of the Employment Term. (i) Prior to expiration of the Employment Term, Executive’s employment hereunder may be terminated by the Company for Cause (as defined below) or by Executive’s voluntary resignation without Good Reason (as defined below). If Executive’s employment is terminated by the Company for Cause, or if Executive resigns without Good Reason, Executive shall be entitled to receive: (A) within ten (10) business days following the date of termination, accrued, but unpaid Base Salary and unused vacation, earned through the date of termination; (B) accrued, but unpaid Annual Bonus, earned for any previously completed fiscal year, paid in accordance with Section 4 (except to the extent payment is otherwise deferred pursuant to any applicable deferred compensation arrangement with the Company); (C) reimbursement, within sixty (60) days following submission by Executive to the Company, as applicable, of appropriate supporting documentation, for any unreimbursed business expenses properly incurred by Executive in accordance with the Company’s policies prior to the date of Executive’s termination; provided claims for such reimbursement (accompanied by appropriate supporting documentation) are submitted to the Company within ninety (90) days following the date of Executive’s termination of employment; (D) such Employee Benefits and stock compensation, if any, as to which Executive may be entitled under the employee benefit plans of the Company or any agreement between Holdings or the Company and Executive; and (E) any amounts payable or that may become payable pursuant to Section 7(d) (the amounts described in clauses (A) through (E) hereof being referred to as the “Accrued Rights”). Following such termination of Executive’s employment by the Company for Cause or ...