Upon an Involuntary Termination of the. employment relationship by Employer prior to expiration of the Term, Employee shall be entitled, in consideration of Employee's continuing obligations hereunder after such termination, to receive (a) his salary through the end of the month in which the Date of Termination occurs, (b) the pro rata portion of the Bonus through the Date of Termination, and (c) the Payments upon Involuntary Termination set forth on Exhibit A. Employee's rights under this Section 3.6 are Employee's sole and exclusive rights against Employer or its affiliates, and Employer's sole and exclusive liability to Employee under this Agreement, in contract, tort, or otherwise, for any Involuntary Termination of the employment relationship. Employee covenants not to xxx or lodge any claim, demand or cause of action against Employer for any sums for Involuntary Termination other than those sums referred to in this Section 3.6, including reasonable costs of collecting such sums (including reasonable fees and disbursements of counsel). If Employee breaches this covenant, Employer shall be entitled to recover from Employee all sums reasonably expended by Employer (including reasonable fees and disbursements of counsel) in connection with such suit, claim, demand, or cause of action.
Appears in 3 contracts
Samples: Employment Agreement (Braun Consulting Inc), Employment Agreement (Braun Consulting Inc), Employment Agreement (Braun Consulting Inc)
Upon an Involuntary Termination of the. employment relationship by either Employer or Employee prior to the expiration of the Term, Employee shall be entitled, in consideration of Employee's continuing obligations hereunder after such terminationtermination (including, without limitation, Employee's non-competition obligations), to receive (a) his salary through the end then current Monthly Base Salary, benefits and allowance continuation as set forth in Exhibit "A" for a period of the month in which the Date of Termination occurs, (b) the pro rata portion of the Bonus through the Date of Termination, and (c) the Payments upon six months or until employee has secured employment with another employer. Employee shall not be under any duty or obligation to seek or accept other employment following Involuntary Termination set forth on Exhibit A. and the amounts due Employee hereunder shall not be reduced or suspended if Employee accepts subsequent employment. Employee's rights under this Section 3.6 3.5 are Employee's sole and exclusive rights against Employer Employer, its Enterprises or its affiliatestheir entities of the Employer, and Employer's sole and exclusive liability to Employee under this Agreement, in contract, tort, or otherwise, for any Involuntary Termination of the employment relationship. Employee covenants not to xxx sue or lodge any claim, demand dexxxd or cause of action against Employer for any sums for Involuntary Termination other than those sums referred to specified in this Section 3.6, including reasonable costs of collecting such sums (including reasonable fees and disbursements of counsel)3.5. If Employee breaches this covenant, Employer shall be entitled to recover from Employee all sums reasonably expended by Employer (including reasonable fees costs and disbursements of counselattorneys fees) in connection with such suit, claim, demand, demand or cause of action.
Appears in 2 contracts
Samples: Employment Agreement (Inn of the Mountain Gods Resorts & Casino), Employment Agreement (Inn of the Mountain Gods Resorts & Casino)
Upon an Involuntary Termination of the. employment relationship by either Employer or Employee prior to the expiration of the Term, Employee shall be entitled, in consideration of Employee's continuing obligations hereunder after such terminationtermination (including, without limitation, Employee's non-competition obligations), to receive the then current Monthly Base Salary as if Employee's employment (awhich shall cease on the date of such Involuntary Termination) his salary through had continued for the end full Term of the month in which the Date of Termination occurs, (b) the pro rata portion of the Bonus through the Date of Termination, and (c) the Payments upon this Agreement. Employee shall not be under any duty or obligation to seek or accept other employment following Involuntary Termination set forth on Exhibit A. and the amounts due Employee hereunder shall not be reduced or suspended if Employee accepts subsequent employment. Employee's rights under this Section 3.6 3.5 are Employee's sole and exclusive rights against Employer Employer, Enron, or its their affiliates, and Employer's sole and exclusive liability to Employee under this Agreement, in contract, tort, or otherwise, for any Involuntary Termination of the employment relationship. Employee covenants not to xxx or sue xx lodge any claim, demand or cause of action against Employer for any sums for Involuntary Termination other than those sums referred to specified in this Section 3.6, including reasonable costs of collecting such sums (including reasonable fees and disbursements of counsel)3.5. If Employee breaches this covenant, Employer shall be entitled to recover from Employee all sums reasonably expended by Employer (including reasonable fees costs and disbursements of counselattorneys fees) in connection with such suit, claim, demand, demand or cause of action.
Appears in 1 contract
Samples: Executive Employment Agreement (Enron Oil & Gas Co)
Upon an Involuntary Termination of the. employment relationship by either Employer or Employee prior to the expiration of the Term, Employee shall be entitled, in consideration of Employee's continuing obligations hereunder after such terminationtermination (including, without limitation, Employee's non-competition obligations), to receive (a) his salary through the end then current Monthly Base Salary, benefits and allowance continuation as set forth in Exhibit "A" for a period of the month in which the Date of Termination occurs, (b) the pro rata portion of the Bonus through the Date of Termination, and (c) the Payments upon six months or until employee has secured employment with another employer. Employee shall not be under any duty or obligation to seek or accept other employment following Involuntary Termination set forth on Exhibit A. and the amounts due Employee hereunder shall not be reduced or suspended if Employee accepts subsequent employment. Employee's rights under this Section 3.6 3.5 are Employee's sole and exclusive rights fights against Employer Employer, its Enterprises or its affiliatestheir entities of the Employer, and Employer's sole and exclusive liability to Employee under this Agreement, in contract, tort, or otherwise, for any Involuntary Termination of the employment relationship. Employee covenants not to xxx sue or lodge any claim, demand dexxxd or cause of action against Employer for any sums for Involuntary Termination other than those sums referred to specified in this Section 3.6, including reasonable costs of collecting such sums (including reasonable fees and disbursements of counsel)3.5. If Employee breaches this covenant, Employer shall be entitled to recover from Employee all sums reasonably expended by Employer (including reasonable fees costs and disbursements of counselattorneys fees) in connection with such suit, claim, demand, demand or cause of action.
Appears in 1 contract
Samples: Employment Agreement (Inn of the Mountain Gods Resorts & Casino)