Termination Without Compensation. If Executive’s employment is terminated for any of the following reasons, Executive shall not be entitled by virtue of this Agreement to any of the benefits provided in the foregoing Section 5:
(i) If, prior to the commencement of the Period of Employment, Executive’s employment with the Company is terminated at any time for any reason, including without limitation due to (A) Executive’s death, (B) an Incapacity Discharge, (C) a termination initiated by the Company with or without Cause or (D) resignation, retirement or other termination initiated by Executive with or without Good Reason, subject, however, to the provisions of Section 20 below.
(ii) If Executive’s employment with the Company is terminated during the Period of Employment with Cause.
(iii) If Executive resigns, retires or otherwise voluntarily terminates employment with the Company during the Period of Employment without Good Reason.
Termination Without Compensation. (a) The Employment Term will terminate as of the end of the term of this Agreement unless terminated earlier in accordance with this Section 8, Section 9, Section 10, or Section 11.
(b) The Employment Term may also be terminated by the Company for cause (“Cause”) with written notice to the Associate upon the occurrence of any of the following:
(i) the commission by the Associate of any deliberate and premeditated act involving moral turpitude detrimental to the economic interests of the Company;
(ii) the conviction of the Associate of a felony;
(iii) the willful failure or refusal of the Associate to perform his duties hereunder (which failure or refusal persists after written notice from the Company to the Associate complaining of such failure or refusal) or the Associate’s gross negligence of a material nature in connection with the performance of such duties; or
(iv) the breach by the Associate of any provision of this Agreement which is not cured within thirty (30) days subsequent to written notice from the Company to the Associate of the breach.
(c) Upon termination of the Employment Term under subsections (a) or (b) above, the parties hereto will be relieved of any further obligations hereunder except for any obligations set forth in Section 6.
Termination Without Compensation. In the event that: (1) FII terminates the employment of the Executive for any reason; or (2) the Executive terminates employment with FII for any reason, and, in each case, such termination does not entitle the Executive to compensation or benefits under this Agreement or any other arrangement with FII (excluding for this purpose, any payments or distributions from or related to any tax-qualified retirement plan maintained for the benefit of the Executive), then the provisions of Section 2.2 and Section 2.3 shall apply to the Executive during the term of this Agreement and during the six-month period following the Executive’s termination of employment.
Termination Without Compensation. In the event that: (1) Financial Institutions terminates the employment of the Executive for any reason; or (2) the Executive terminates employment with Financial Institutions for any reason, and, in each case, such termination does not entitle the Executive to compensation or benefits under this Agreement or any other arrangement with Financial Institutions (excluding for this purpose, any payments or distributions from or related to any tax-qualified retirement plan maintained for the benefit of the Executive), then the provisions of Section 4.2 and Section 4.3 shall apply to the Executive during the term of this Agreement and during the six-month period following the Executive’s termination of employment.
Termination Without Compensation. If Executive’s employment or the term of this Agreement is terminated for any of the following reasons and in accordance with the provisions of this Section 6, Executive shall not be entitled by virtue of this Agreement to any of the benefits provided in the foregoing Section 5:
(i) If prior to the Commencement of the Period of Employment, as a result of Executive’s incapacity due to physical or mental illness, Executive shall have been absent from Executive’s duties with the Company on a full-time basis for 120 consecutive business days, and within thirty (30) days after a written Notice of Termination (as hereinafter defined in Section 7) is given, Executive shall not have returned to the full-time performance of Executive’s duties (“Incapacity Discharge”);
(ii) If prior to the Commencement of the Period of Employment, the Company shall desire to terminate this Agreement without Cause as of the Date of Termination as provided in a written Notice of Termination.
(iii) If the Company shall have Cause. For the purposes of this Agreement, the Company shall have “Cause” to terminate Executive’s employment hereunder upon (A) the willful and continued failure by Executive to substantially perform Executive’s duties with the Company, which failure causes material and demonstrable injury to the Company (other than any such failure resulting from Executive’s incapacity due to physical or mental illness), after a demand for substantial performance is delivered to Executive by the Board which specifically identifies the manner in which the Board believes that Executive has not substantially performed Executive’s duties, and after Executive has been given a period (hereinafter known as the “Cure Period”) of at least thirty (30) days to correct Executive’s performance, or (B) the willful engaging by Executive in other gross misconduct materially and demonstrably injurious to the Company. For purposes of the foregoing definition of “Cause”, no act, or failure to act, on Executive’s part shall be considered “willful” unless conclusively demonstrated to have been done, or omitted to be done, by Executive not in good faith and without reasonable belief that Executive’s action or omission was in the best interests of the Company. Notwithstanding the foregoing, Executive shall not be deemed to have been terminated for Cause unless and until there shall have been delivered to Executive a Notice of Termination which shall include a copy of a resolution duly adopted by the aff...
Termination Without Compensation. (a) If the Employee becomes Disabled, the Company may terminate the Employee's employment, and the Company thereafter shall have no further liability or obligation to the Employee hereunder except as follows: the Employee shall receive any unpaid Salary and fringe benefits that have accrued through the date of termination and to which the Employee has become entitled under the terms of the applicable plan or policy, including any benefits that he may be entitled to receive under any then existing disability benefits plans of the Company applicable to the Employee. In the event of any dispute as to whether the Employee is Disabled, the Employee shall submit to a physical examination by a licensed physician mutually satisfactory to the Company and the Employee, the cost of such examination to be paid by the Company. The determination of such physician shall be final and binding on the parties.
(b) If the Employee dies, his employment shall terminate, and thereafter the Company shall have no further liability or obligation to the Employee, his executors, administrators, heirs, assigns or any other person claiming under or through him except that the Employee's estate shall receive any unpaid Salary and fringe benefits that have accrued through the date of termination and to which the Employee has become entitled under the terms of the applicable plan or policy, including any benefits payable under any then existing life insurance or death benefit plans of the Company covering the Employee.
(c) If the Employee voluntary terminates his employment with the Company for reasons other than a Constrictive Termination Without Cause or if the Company terminates his employment for Cause, the Company shall have no further liability or obligation to the Employee, except that the Employee shall receive any unpaid Salary and fringe benefits that have accrued through the date of termination and to which the Employee has become entitled under the terms of the applicable plan or policy, net of any liabilities that the Employee may have to the Company, the Parent Company or any Affiliated Company.
Termination Without Compensation. Notwithstanding anything to the contrary contained in this Agreement, Employee shall not be entitled to continued compensation in any form if Employee terminates his employment from the Company, including without limitation, (i) through retirement, or death; (ii) Company sells all or part of its business (or otherwise merges, divides, consolidates or reorganizes), and Employee has the opportunity to continue employment with the buyer (or with one of the resulting entities in the event of a merger, division, consolidation or reorganization), at or above the Employee's base compensation, provided the other terms and conditions of Employee's employment after such sale, division, consolidation or reorganization are the same or substantially the same as the terms and conditions of Employee's employment with Company (i.e., Employee's duties, responsibilities, and physical location geographically shall remain the same, although the Company may be a subsidiary of a larger entity); or (iii) Employee is terminated for "cause."
Termination Without Compensation. If Executive's employment or the term of this Agreement is terminated for any of the following reasons and in accordance with the provisions of this Section 6, Executive shall not be entitled by virtue of this Agreement to any of the benefits provided in the foregoing Section 5:
(i) If prior to the Commencement of the Period of Employment, as a result of Executive's incapacity due to physical or mental illness, Executive shall have been absent from Executive's duties with the Company on a full-time basis for 120 consecutive business days, and within thirty (30) days after a written Notice of Termination (as hereinafter defined in Section 7) is given, Executive shall not have returned to the full-time performance of Executive's duties ("Incapacity Discharge");
(ii) If prior to the Commencement of the Period of Employment, the Company shall desire to terminate this Agreement without reason ("Convenience Termination").
(iii) If the Company shall have Cause. For the purposes of this Agreement, the Company shall have "Cause" to terminate Executive's employment hereunder upon (A) the willful and continued failure by Executive to substantially perform Executive's
Termination Without Compensation. (a) The Employment Term will terminate upon the Employee's written notice of his non-renewal of this Agreement, or upon the effective date specified in a letter of resignation from Employee to the Board of Directors of HomeCom.
(b) The Employment Term may also be terminated by HomeCom immediately upon prior written notice to the Employee upon the occurrence of any of the following:
(i) the commission by the Employee of any deliberate and premeditated act involving moral turpitude detrimental to the economic interests of HomeCom or one of the Companies; or
(ii) the conviction of the Employee of a felony.
(c) The Employment Term may also be terminated by HomeCom upon thirty (30) days prior written notice to the Employee upon the occurrence of any of the following:
(i) the willful damage of a material nature directly caused by the Employee to HomeCom; or
(ii) Employee's gross negligence of a material nature in connection with the performance of his duties.
(d) Upon termination of the Employee's employment under subsections 14(a), (b), or (c) above, the parties hereto will be relieved of any further obligations hereunder from and after the effective date of such termination, except for any obligations set forth in Sections 7, 8, 9, and 10.
Termination Without Compensation. Section 10(a) of the Original Agreement is hereby deleted in its entirety and the following new Section 10(a) is substituted therefor:
