Termination Under Certain Circumstances. If any Underwriter or Underwriters shall fail to take up and pay for the amount of Firm Shares agreed by such Underwriter or Underwriters to be purchased hereunder, upon tender of such Firm Shares in accordance with the terms hereof, and the amount of Firm Shares not purchased aggregates more than 10% of the total amount of Firm Shares set forth in Schedule I hereto, and arrangements satisfactory to you for the purchase of such Firm Shares by other persons are not made within 36 hours thereafter, this Agreement shall terminate. In the event of any such termination the Company shall not be under any liability to any Underwriter (except to the extent provided in Section 4(a)(vii) and Section 6 hereof) nor shall any Underwriter (other than an Underwriter who shall have failed, otherwise than for some reason permitted under this Agreement, to purchase the amount of Firm Shares agreed by such Underwriter to be purchased hereunder) be under any liability to the Company (except to the extent provided in Section 6 hereof).
Termination Under Certain Circumstances. Notwithstanding anything to the contrary herein contained:
Termination Under Certain Circumstances. (a) In the event Executive's employment with the Company is terminated prior to the expiration of the Term by reason of (i) the Executive's resignation without Good Reason, (ii) death, (iii) Disability or (iv) the Executive's discharge by the Company for Cause, this Agreement (including, without limitation, the Company's obligations to provide any compensation, benefits or severance to the Executive under Section 4 hereof or otherwise, but not including any statutory accrued rights) shall terminate.
(b) In the event that the Executive's employment with the Company is terminated by the Executive prior to the expiration of the Term for Good Reason, or by the Company prior to the expiration of the Term other than by reason of the causes specified in Section 5.2(a)(i) through (iv), or if the Company shall exercise its right pursuant to Section 2 not to extend this Agreement beyond the expiration of the Initial Term, subject to the Executive's compliance with Sections 6, 7 and 8, the Company shall continue to pay the Executive his Base Salary for the greater of the remainder of the Term (without regard to renewals) or one year (the "Severance Period"), and shall pay to the Executive any Bonus that otherwise would have been paid during the Severance Period had such termination of employment not occurred. The Company and Executive hereby stipulate that the damages which may be incurred by the Executive as a consequence of any such termination of employment are not capable of accurate measurement as of the date first above written and that the payments provided for in this Agreement constitute a reasonable estimate under the circumstances of, and are in full satisfaction of, all damages sustained as a consequence of any such termination of employment, without any requirement of proof of actual damage and without regard to the Executive's efforts, if any, to mitigate damages. In the event that Executive is entitled to any legally mandated severance or similar benefits payable by the Company, the payments required hereunder during the Severance Period shall be applied to offset such mandated benefits to the maximum extent permitted by law. The Company and the Executive further agree that the Company may condition the payments (if any) due under this Section on the receipt of the Executive's resignation from any and all positions which he holds as an officer, director or committee member with respect to the Company, or any Subsidiary or Affiliate thereof.
Termination Under Certain Circumstances. Notwithstanding anything to the contrary herein contained:
(i) Employee's employment shall be automatically terminated, without notice, effective upon the Employee's death;
(ii) If Employee shall breach or violate any of the provisions of this Agreement, or fail to perform in a manner reasonably satisfactory to Employer any of the duties required of the Employee and such breach, violation or failure shall continue for a period of ten (10) days after the Employer shall have given Employee written notice specifying the nature thereof in reasonable detail, Employer may, at its option, upon notice to Employee, terminate Employee's employment if such termination is approved by a majority of the Employer's Board of Directors, effective on the date of such an approval.
Termination Under Certain Circumstances. (a) If the Executive's employment terminates for any reason prior to a Change in Control, the Executive shall not be entitled to any payment of a Change of Control Benefit or any Retention Benefits pursuant to this Article 4, but shall be entitled to any payment to which the Executive otherwise would be entitled under any other provision of this Agreement, under any options agreement or other agreements with Employer or VGI to the extent otherwise applicable, under the employer's then existing employee benefits plans or policies at the time of termination, and under any required severance benefits pursuant to applicable law, if any.
(b) If, following a Change in Control, the Executive is terminated by the Employer for Cause or the Executive has a Voluntary Termination, the Executive shall not be entitled to any payment of Retention Benefit under this Article 4 for any period following said termination, but shall be entitled to any payment to which the Executive otherwise would be entitled to under any other provisions of this Agreement, under any options agreement or other agreements with the Employer or VGI, to the extent otherwise applicable, under the Employer's then-existing employee benefit plans or policies at the time of termination, and under any required severance benefit pursuant to applicable law, if any.
Termination Under Certain Circumstances. In the event of the termination of the Executive's employment pursuant to any of the following provisions:
Termination Under Certain Circumstances. Notwithstanding anything to the contrary herein contained:
(i) Employee's employment shall be automatically terminated, without notice, effective upon the date of Employee's death;
(ii) If Employee shall fail, for a period of more than 90 consecutive days, to perform any of Employee's duties under this Agreement as the result of illness or other incapacity, Employer may, at its option, upon notice to Employee, terminate Employee's employment effective on the date of that notice; and
(iii) If Employee shall breach or violate any of the provisions of this Agreement, or fail to perform in a manner reasonably satisfactory to Employer any of the duties required of Employee and such breach, violation or failure shall continue for a period of 45 days after Employer shall have given Employee written notice specifying the nature thereof in reasonable detail, Employer may, at its option, upon notice to Employee, terminate Employee's employment effective on the date of that notice.
Termination Under Certain Circumstances. Notwithstanding anything to the contrary herein contained:
(i) Consultant’s engagement shall be automatically terminated, without notice, effective upon the date of Consultant’s death;
(ii) If Consultant shall fail, for a period of more than 30 consecutive days, or for 30 days within any 60-day period, to perform any of Consultant’s duties under this Agreement as the result of illness or other incapacity, Company may, at its option, upon notice to Consultant, terminate Consultant’s engagement effective on the date of that notice;
(iii) If Consultant shall breach or violate any of the provisions of this Agreement, or fail to perform in a manner reasonably satisfactory to Company any of the duties required of Consultant and such breach, violation, or failure shall continue for a period of 10 days after Company shall have given Consultant written notice specifying the nature thereof in reasonable detail, Company may, at its option, upon notice to Consultant, terminate Consultant’s engagement effective on the date of that notice.
Termination Under Certain Circumstances. Notwithstanding anything to the contrary herein contained:
(i) DEATH. Employee’s employment shall be automatically terminated, without notice, effective upon the date of Employee’s death.
Termination Under Certain Circumstances. Notwithstanding the provisions of Section 1(b):
