Common use of Voluntary Termination and Termination for Cause Clause in Contracts

Voluntary Termination and Termination for Cause. (a) If Employee voluntarily terminates his employment as provided in Section 4.1 (except under circumstances constituting a “Constructive Discharge” as defined in Section 5.4), or if Employee’s employment is terminated by Company for Cause as provided in Section 4.2, then in such event (i) Company shall only pay Employee (A) the accrued value of Base Salary through the date of such termination only and (B) any accrued and unused vacation time and (ii) the Employee shall be deemed to have forfeited and Company shall be entitled to retain and/or terminate any Incentive Compensation achieved but not yet paid under this Agreement, any Unvested Incentive Compensation, and any Escrowed Installment Payments (together, the “Forfeited Contingent Payments”), it being understood that such Forfeited Contingent Payments shall be deemed to have been unearned upon such termination.

Appears in 5 contracts

Samples: Employment and Non Competition Agreement (Ashworth Inc), Employment and Non Competition Agreement (Ashworth Inc), Employment and Non Competition Agreement (Ashworth Inc)

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