Termination Without Just Cause. In the case of a termination of Executive’s employment hereunder Without Just Cause in accordance with Section 1.6.6, Executive shall be entitled to the following in lieu of any other compensation or benefits (under Section 1.4 of this Agreement or otherwise) from Employer:
(i) Executive shall receive Termination Compensation each month during the Compensation Continuance Period, subject, however, to Executive’s compliance with Executive’s Section 2 covenants (including, without limitation, compliance with the noncompetition and nonsolicitation covenants of Section 2) for a one (1) year period following Executive’s Termination Date.
(ii) Employer shall use their best efforts to accelerate vesting of any unvested benefits of Executive under any employee stock-based or other benefit plan or arrangement to the extent permitted by Code Section 409A or other applicable law and the terms of such plan or arrangement.
(iii) Employer shall make available to Executive, at Employer’s cost, outplacement services by such entity or person as shall be designated by Employer, with the cost to Employer of such outplacement services not to exceed Twenty Thousand Dollars ($20,000).
(iv) During the Compensation Continuance Period, Executive shall either continue to participate (treating Executive as an “active employee” of Employer for this purpose) in the same group hospitalization plan, health care plan, dental care plan, life or other insurance or death benefit plan, and any other present or future similar group employee benefit plan or program for which officers of Employer generally are eligible, on the same terms as were in effect prior to Executive’s Termination Date, or, to the extent such participation is not permitted by any group plan insurer, under comparable individual plans and coverage (to the extent commercially available). The Termination Compensation and other benefits provided for in this Section 1.7.3 shall be paid by Employer in accordance with the standard payroll practices and procedures in effect prior to Executive’s Termination Date. If Executive breaches Executive’s obligations under Section 1.7.3 or Section 2 of this Agreement, Executive shall not be entitled to receive any further Termination Compensation or benefits pursuant to this Section 1.7.3 from and after the date of such breach.
Termination Without Just Cause. Immediately upon the date specified in a written notice of termination without Just Cause from Employer’s Boards of Directors to Executive (termination pursuant to this Section 1.6.6 being referred to herein as termination “Without Just Cause”).
Termination Without Just Cause. 10.1 The Employer may terminate this Agreement and the Employee’s employment under this Agreement without Just Cause at any time during the Term. In the event of termination without Just Cause, the Employee will receive four (4) weeks’ written notice for each full year of continuous service, calculated in accordance with section 7 of the Regulation, to a maximum of fifty-two (52) weeks (the “Notice Period”).
10.2 In lieu of notice, the Employer may, in its sole discretion, pay the Employee an amount equal to the Base Salary for the Notice Period or provide a combination of notice and pay in lieu of notice.
10.3 Where the Employer is providing pay in lieu of notice to the Employee, the Employer will pay an additional amount equal to the cost to the Employer for the benefits the Employee was receiving before termination to a maximum of sixteen (16) percent of the amount paid in lieu of notice in accordance with section 7(2)(b) of the Regulation.
10.4 In exchange for pay in lieu of notice, or any combination of notice and pay in lieu of notice, the Employee agrees to sign a release acceptable to the Employer, upon which the Employee will have no further claim against the Employer for termination whether pursuant to contract, common law, statute, regulation or otherwise.
10.5 The Employee acknowledges and agrees that if, during the Notice Period, the Employee is employed or retained, directly or indirectly, on a fee for service basis by the Crown, a public agency as defined in RABCCA, or an entity where such employment or contractual arrangement is in violation of the Conflicts of Interest Act, then the Employee will repay the Employer forthwith at the completion of the Notice Period a portion of the amount paid pursuant to Clauses 10.2 and 10.3 equal to the gross compensation paid by the Crown, public agency, or other entity during the Notice Period, in addition to any fine imposed or restitution ordered under the Conflicts of Interest Act.
Termination Without Just Cause. If, prior to the end of the term of this Agreement, the Company terminates Executive's employment without "just cause" (as defined in subsection (d) below), Executive shall be entitled to receive, as damages payable as a result of, and arising from, the Company's breach of this Agreement, the compensation and benefits set forth in clauses (i) through (vi) below. The time periods for which compensation and benefits will be provided with respect to (i) through (iv) below is referred to herein as the "Continuation Period", which means the time period remaining from the date of Executive's termination of employment to the end of the remaining term of this Agreement as provided in Section 4 above. Except to the extent provided in clause (x) hereof, Executive shall have no duty to mitigate any of the damages payable hereunder. The fact that Executive is eligible for retirement, including early retirement, under applicable retirement plans or his Salary Continuation Agreement (see clause (vi) below) at the time of Executive's termination shall not make Executive ineligible to receive benefits under this Section 5(c).
Termination Without Just Cause. (i) Employer, in its sole discretion, may terminate Employee’s employment hereunder for any reason without Just Cause (as defined below), at any time, by giving written notice to Employee of such intent at least 30 days in advance of the effective date of termination; provided, during all that 30 day notice period, Employer, in its sole discretion, may modify, reduce or eliminate Employee’s duties hereunder.
(ii) If Employer terminates Employee’s employment hereunder without Just Cause Employer shall continue to pay to Employee his then-current base salary, plus accrued but unpaid vacation time, accrued but unpaid benefits and reimbursement of all unpaid business expenses (in each case, as of the date of termination) (collectively the “Continued Benefits”) for a period of the greater of (a) six months; or (b) the remainder of the Initial Term or Subsequent Term, whichever the case may be (the “Continuation Period”). Employee shall be entitled to continued participation in all medical and disability plans, to the extent such plans are provided by Employer, at the same benefit level at which he was participating on the date of termination of the Employee’s employment until the expiration of the Continuation Period.
Termination Without Just Cause. The Company may terminate ------------------------------ Executive's employment without Just Cause, in which case the Executive shall receive the amounts that would be paid Executive under Section 5(d) if he had terminated his employment for Good Reason.
Termination Without Just Cause. The Company may terminate the employment of the Executive at any time without Just Cause by providing the Executive with written notice, the Basic Termination Entitlements described in Section 3.2 and the Separation Package described in Section 3.3.
Termination Without Just Cause. 10.1 The Employer may terminate this Agreement and the Employee’s employment under this Agreement without Just Cause at any time during the Term. In the event of termination without Just Cause, the Employee will receive four (4) weeks’ written notice for each full year of continuous service, calculated in accordance with section 7 of the Regulation, to a maximum of fifty-two (52) weeks (the “Notice Period”). The parties agree that the start date for determining continuous service is April 29, 2020.
10.2 In lieu of notice, the Employer may, in its sole discretion, pay the Employee an amount equal to the Base Salary for the Notice Period or provide a combination of notice and pay in lieu of notice.
10.3 Where the Employer is providing pay in lieu of notice to the Employee, the Employer will pay an additional amount equal to the cost to the Employer for the benefits the Employee was receiving before termination to a maximum of sixteen (16) percent of the amount paid in lieu of notice in accordance with section 7(2)(b) of the Regulation.
10.4 In exchange for pay in lieu of notice, or any combination of notice and pay in lieu of notice, the Employee agrees to sign a release acceptable to the Employer, upon which the Employee will have no further claim against the Employer for termination whether pursuant to contract, common law, statute, regulation or otherwise.
10.5 The Employee acknowledges and agrees that if, during the Notice Period, the Employee is employed or retained, directly or indirectly, on a fee for service basis by the Crown, a public agency as defined in RABCCA, or an entity where such employment or contractual arrangement is in violation of the Conflicts of Interest Act, then the Employee will repay the Employer forthwith at the completion of the Notice Period a portion of the amount paid pursuant to Clauses 10.2 and 10.3 equal to the gross compensation paid by the Crown, public agency, or other entity during the Notice Period, in addition to any fine imposed or restitution ordered under the Conflicts of Interest Act.
Termination Without Just Cause. The Company shall be entitled to terminate my employment without just cause by providing me with only the minimum statutory amount of notice of termination or pay in lieu thereof (at the Company’s sole discretion) and minimum statutory amount of vacation pay, minimum statutory benefit continuation (if applicable), and minimum statutory severance pay (if applicable), as required by the Ontario Employment Standards Act, 2000, as amended, as well as accrued wages to the date of termination and any other entitlements required by the Ontario Employment Standards Act, 2000, as amended. By signing this Agreement, I acknowledge and agree that the entitlements set out immediately above constitute reasonable notice and reasonable compensation for the termination of my employment, and upon the Company providing me with either, I shall not be entitled to any further notice or pay in lieu of notice, benefits continuation (if applicable), and severance pay (if applicable), including in the event of a constructive dismissal and including any entitlements to common law notice set out. Specifically, I understand and agree that my acceptance of this Agreement limits my ability to claim any further damages for notice or pay in lieu of notice, benefits continuation (if applicable), and severance pay (if applicable), from the Company. In the event that the entitlements set out immediately above do not meet the minimum requirements of the Ontario Employment Standards Act, 2000, as amended, my entitlements shall automatically be increased to satisfy only the minimum entitlements required by the Ontario Employment Standards Act, 2000, as amended, no further amounts will be owing for notice or pay in lieu of notice, benefits continuation (if applicable), and severance pay (if applicable), from the Company, and to the extent permitted by law, this Agreement will be deemed to be amended so that it complies with the new minimum employment standards requirements under the Ontario Employment Standards Act, 2000.
Termination Without Just Cause. 7If this Agreement and the Executive’s employment is terminated by the Company without Just Cause pursuant to subsection 5.1(e) herein, then the following provisions shall apply:
