Common use of Termination Without Cause, Separation Payments Clause in Contracts

Termination Without Cause, Separation Payments. In the event Employee’s employment hereunder is terminated pursuant to Section 6(a)(iii), Employer shall pay Employee Separation Payments as Employee’s sole remedy in connection with such termination. “Separation Payments” are payments made at the monthly rate of Employee’s Base Salary in effect immediately preceding the date of termination. Separation Payments shall be made for 12 months after the date of termination (the “Separation Payment Period”) and shall be paid by Employer in equal monthly payments in arrears. Subject to Section 11(p), Separation Payments shall be reduced by the amount of any personal services income earned by Employee from other sources during the Separation Payment Period. Separation Payments shall be made for the number of months specified above without regard to the number of months remaining in the term of this Agreement. Notwithstanding the foregoing, Employer’s obligation to make, and Employee’s right to receive, Separation Payments shall terminate immediately upon any violation by Employee of any covenant contained in Section 8 or 9 hereof. Employer shall also promptly pay Employee the following: (1) his Base Salary accrued but unpaid as of the date of termination; (2) unpaid expense reimbursements under Section 5 for expenses incurred in accordance with the terms hereof prior to termination; and (3) compensation for accrued, unused vacation as of the date of termination, determined in accordance with Employer’s policies and procedures then in effect. This Section 6(b)(ii) is subject to the provisions of Section 10(j) dealing with the coordination of payments in the event of a Change In Control.

Appears in 2 contracts

Samples: Employment Agreement (Rocky Mountain Chocolate Factory, Inc.), Employment Agreement (Rocky Mountain Chocolate Factory, Inc.)

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Termination Without Cause, Separation Payments. In the event Employee’s 's employment hereunder is terminated pursuant to Section 6(a)(iii), Employer shall pay Employee Separation Payments as Employee’s 's sole remedy in connection with such termination. "Separation Payments" are payments made at the semi-monthly rate of Employee’s 's Base Salary in effect immediately preceding the date of termination. Separation Payments shall be made for 12 months after the date of termination (the "Separation Payment Period") and shall be paid by Employer in equal semi-monthly payments in arrears. Subject to Section 11(p), Separation Payments shall be reduced by the amount of any personal services income earned by Employee from other sources during the Separation Payment Period. Separation Payments shall be made for the number of months specified above without regard to the number of months remaining in the term of this Agreement. Notwithstanding the foregoing, Employer’s 's obligation to make, and Employee’s 's right to receive, Separation Payments shall terminate immediately upon any violation by Employee of any covenant contained in Section 8 or 9 hereof. Employer shall also promptly pay Employee the following: (1) his Base Salary accrued but unpaid as of the date of termination; (2) unpaid expense reimbursements under Section 5 for expenses incurred in accordance with the terms hereof prior to termination; and (3) compensation for accrued, unused vacation as of the date of termination, determined in accordance with Employer’s 's policies and procedures then in effect. This Section 6(b)(ii) is subject to the provisions of Section 10(j) dealing with the coordination of payments in the event of a Change In Control.

Appears in 1 contract

Samples: Employment Agreement (Data Return Corp)

Termination Without Cause, Separation Payments. In the event Employee’s employment hereunder is terminated pursuant to Section 6(a)(iii), Employer shall pay Employee Separation Payments as Employee’s sole remedy in connection with such termination. “Separation Payments” are payments made at the monthly rate of Employee’s Base Salary in effect immediately preceding the date of termination. Separation Payments shall be made for 12 months after the date of termination (the “Separation Payment Period”) and shall be paid by Employer in equal monthly payments in arrears. Subject to Section 11(p), Separation Payments shall be reduced by the amount of any personal services income earned by Employee from other sources during the Separation Payment Period. Separation Payments shall be made for the number of months specified above without regard to the number of months remaining in the term of this Agreement. Notwithstanding the foregoing, Employer’s obligation to make, and Employee’s right to receive, Separation Payments shall terminate immediately upon any violation by Employee of any covenant contained in Section 8 or 9 hereof. Employer shall also promptly pay Employee the following: (1) his Base Salary accrued but unpaid as of the date of termination; (2) unpaid expense reimbursements under Section 5 for expenses incurred in accordance with the terms hereof prior to termination; and (3) compensation for accrued, unused vacation as of the date of termination, determined in accordance with Employer’s policies and procedures then in effect. This Section 6(b)(ii) is subject to the provisions of Section 10(j) dealing with the coordination of payments in the event of a Change In Control.

Appears in 1 contract

Samples: Employment Agreement (Rocky Mountain Chocolate Factory Inc)

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Termination Without Cause, Separation Payments. In the event Employee’s 's employment hereunder is terminated pursuant to Section 6(a)(iii), Employer shall pay Employee Separation Payments as Employee’s 's sole remedy in connection with such termination. "Separation Payments" are payments made at the monthly bi-weekly rate of Employee’s 's Base Salary in effect immediately preceding the date of termination. Separation Payments shall be made for 12 six months after the date of termination (the "Separation Payment Period") and shall be paid by Employer in equal monthly bi-weekly payments in arrears. Subject to Section 11(p), Separation Payments shall be reduced by the amount of any personal services income earned by Employee from other sources during the Separation Payment Period. Separation Payments shall be made for the number of months specified above without regard to the number of months remaining in the term of this Agreement. Notwithstanding the foregoing, Employer’s 's obligation to make, and Employee’s 's right to receive, Separation Payments shall terminate immediately upon any violation by Employee of any covenant contained in Section 8 or 9 hereof. Employer shall also promptly pay Employee the following: : (1) his Base Salary accrued but unpaid as of the date of termination; ; (2) unpaid expense reimbursements under Section 5 for expenses incurred in accordance with the terms hereof prior to termination; and and (3) compensation for accrued, unused vacation as of the date of termination, determined in accordance with Employer’s 's policies and procedures then in effect. This Section 6(b)(ii) is subject to the provisions of Section 10(j) dealing with the coordination of payments in the event of a Change In Control.

Appears in 1 contract

Samples: Employment Agreement (Compusa Inc)

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