Termination Without Cause; Constructive Termination. (i) A Constructive Termination shall not take effect unless the provisions of this paragraph 10(d)(i) are complied with. The Company shall be given written notice by the Executive of the intention to terminate his employment on account of a Constructive Termination, such notice (A) to state in detail the particular act or acts or failure or failures to act that constitute the grounds on which the proposed Constructive Termination is based and (B) to be given within six months of the Executive learning of such act or acts or failure or failures to act. The Company shall have 30 days after the date that such written notice has been given to the Company in which to cure such conduct, to the extent such cure is possible.
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Samples: Employment Agreement (Kmart Holding Corp), Employment Agreement (Kmart Holding Corp), Employment Agreement (Kmart Holding Corp)
Termination Without Cause; Constructive Termination. (i) A Constructive Termination shall not take effect unless the provisions of this paragraph 10(d)(i) are complied with. The Company shall be given written notice by the Executive of the intention to terminate his her employment on account of a Constructive Termination, such notice (A) to state in detail the particular act or acts or failure or failures to act that constitute the grounds on which the proposed Constructive Termination is based and (B) to be given within six months of the Executive learning of such act or acts or failure or failures to act. The Company shall have 30 days after the date that such written notice has been given to the Company in which to cure such conduct, to the extent such cure is possible.
Appears in 2 contracts
Samples: Employment Agreement (Kmart Holding Corp), Employment Agreement (Kmart Holding Corp)
Termination Without Cause; Constructive Termination. (i) A Constructive Termination shall not take effect unless the provisions of this paragraph 10(d)(i11(d)(i) are complied with. The Company shall be given written notice by the Executive of the intention to terminate his employment on account of a Constructive Termination, such notice (A) to state in detail the particular act or acts or failure or failures to act that constitute the grounds on which the proposed Constructive Termination is based and (B) to be given within six months of the Executive learning of such act or acts or failure or failures to act. The Company shall have 30 days after the date that such written notice has been given to the Company in which to cure such conduct, to the extent such cure is possible.
Appears in 2 contracts
Samples: Employment Agreement (Kmart Holding Corp), Employment Agreement (Kmart Holding Corp)
Termination Without Cause; Constructive Termination. (i) A Constructive Termination shall not take effect unless the provisions of this paragraph 10(d)(iSection 13(d)(i) are complied with. The Company shall be given written notice by the Executive of the intention to terminate his employment on account of a Constructive Termination, such notice (A) to state in detail the particular act or acts or failure or failures to act that constitute the grounds on which the proposed Constructive Termination is based and (B) to be given within six months of the Executive learning of such act or acts or failure or failures to act. The Company shall have 30 days after the date that such written notice has been given to the Company in which to cure such conduct. If such conduct is not cured within that period, to the extent such cure is possibleExecutive may then terminate his employment by reason of Constructive Termination.
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Termination Without Cause; Constructive Termination. (i) A Constructive Termination shall not take effect unless the provisions of this paragraph 10(d)(iSection 12(d)(i) are complied with. The Company shall be given written notice by the Executive of the intention to terminate his employment on account of a Constructive Termination, such notice (A) to state in detail the particular act or acts or failure or failures to act that constitute the grounds on which the proposed Constructive Termination is based and (B) to be given within six months of the Executive learning of such act or acts or failure or failures to act. The Company shall have 30 days after the date that such written notice has been given to the Company in which to cure such conduct. If such conduct is not cured within that period, to the extent such cure is possibleExecutive may then terminate his employment by reason of Constructive Termination.
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Termination Without Cause; Constructive Termination. (i) A Constructive Termination shall not take effect unless the provisions of this paragraph 10(d)(i) are complied with. The Company shall be given written notice by the Executive of the intention to terminate his employment on account of a Constructive Termination, such notice (A) to state in detail the particular act or acts or failure or failures to act that constitute the grounds on which the proposed Constructive Termination is based and (B) to be given within six months of the Executive learning of such act or acts or failure or failures to act. The Company shall have 30 days after the date that such written notice has been given to the Company in which to cure such conduct, to the extent such cure is possible.
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