Common use of Voluntary Termination by the Executive Clause in Contracts

Voluntary Termination by the Executive. If the Executive resigns or otherwise voluntarily terminates her employment before the end of the current term of this Agreement (other than in connection with a Change in Corporate Control, as described in Section 6), the amount the Executive shall be entitled to receive from the Corporation shall be limited to her base salary accrued through the date of termination, any accrued but unpaid vacation pay, plus any bonuses earned but unpaid with respect to any fiscal years or other periods preceding the termination date, and any nonforfeitable benefits payable to the Executive under the terms of any deferred compensation, incentive or other benefit plans of the Corporation. For purposes of this paragraph, a resignation by the Executive shall not be deemed to be voluntary if the Executive is (1) assigned to a position other than the Vice President or Corporate Secretary of the Corporation (other than for Cause or by reason of permanent disability), (2) assigned duties materially inconsistent with such position, or (3) directed to report to anyone other than the Corporation's CEO.

Appears in 3 contracts

Samples: Employment Agreement (Health Care Reit Inc /De/), Employment Agreement (Health Care Reit Inc /De/), Employment Agreement (Health Care Reit Inc /De/)

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Voluntary Termination by the Executive. If the Executive resigns or otherwise voluntarily terminates her his employment before the end of the current term of this Agreement (other than in connection with a Change in Corporate Control, as described in Section 6), the amount the Executive shall be entitled to receive from the Corporation shall be limited to her his base salary accrued through the date of termination, any accrued but unpaid vacation pay, plus any bonuses earned but unpaid with respect to any fiscal years or other periods preceding the termination date, and any nonforfeitable benefits payable to the Executive under the terms of any deferred compensation, incentive or other benefit plans of the Corporation. For purposes of this paragraph, a resignation by the Executive shall not be deemed to be voluntary if the Executive is (1) assigned to a position other than the Vice President or Corporate Secretary Chief Operating Officer of the Corporation (other than for Cause or by reason of permanent disability), (2) assigned duties materially inconsistent with such position, or (3) directed to report to anyone other than the Corporation's CEO.

Appears in 2 contracts

Samples: Employment Agreement (Health Care Reit Inc /De/), Employment Agreement (Health Care Reit Inc /De/)

Voluntary Termination by the Executive. If the Executive resigns or otherwise voluntarily terminates her his employment before the end of the current term of this Agreement (other than in connection with a Change in Corporate Control, as described in Section 6), the amount the Executive shall be entitled to receive from the Corporation shall be limited to her his base salary accrued through the date of termination, any accrued but unpaid vacation pay, plus any bonuses earned but unpaid with respect to any fiscal years or other periods preceding the termination date, and any nonforfeitable benefits payable to the Executive under the terms of any deferred compensation, incentive or other benefit plans of the Corporation. For purposes of this paragraph, a resignation by the Executive shall not be deemed to be voluntary if the Executive is (1) assigned to a position other than the Vice President or Corporate Secretary General Counsel of the Corporation (other than for Cause or by reason of permanent disability), (2) assigned duties materially inconsistent with such position, or (3) directed to report to anyone other than the Corporation's CEOCEO or President.

Appears in 1 contract

Samples: Employment Agreement (Health Care Reit Inc /De/)

Voluntary Termination by the Executive. If the Executive resigns or otherwise voluntarily terminates her employment before the end of the current term of this Agreement (other than in connection with a Change in Corporate Control, as described in Section 6), the amount the Executive shall be entitled to receive from the Corporation Company shall be limited to her base salary accrued through the date of termination, any accrued but unpaid vacation pay, plus any bonuses earned but unpaid payable with respect to any the fiscal years or other periods preceding year of the termination dateCompany most recently ended, and any nonforfeitable benefits payable to the Executive under the terms of any deferred compensation, incentive or other benefit plans of the CorporationCompany. For purposes of this paragraph, a resignation by the Executive shall not be deemed to be voluntary if the Executive is (1) assigned to a position other than the Vice President or Corporate Secretary of the Corporation Company (other than for Cause or by reason of permanent disability), (2) assigned duties materially inconsistent with such position, or (3) directed to report to anyone other than the CorporationCompany's CEO.

Appears in 1 contract

Samples: Employment Agreement (Health Care Reit Inc /De/)

Voluntary Termination by the Executive. If the Executive resigns or otherwise voluntarily terminates her his employment before the end of the current term of this Agreement (other than in connection with a Change in Corporate Control, Control as described in Section 6), the amount the Executive shall be entitled to receive from the Corporation shall be limited to her his base salary accrued through the date of termination, any accrued but unpaid vacation pay, plus any bonuses earned but unpaid with respect to any fiscal years or other periods preceding the termination date, and any nonforfeitable benefits payable to the Executive under the terms of any deferred compensation, incentive or other benefit plans of the Corporation. For purposes of this paragraph, a resignation by the Executive shall not be deemed to be voluntary if the Executive is (1) assigned to a position other than the Vice President or Corporate Secretary Chairman and Chief Executive Officer of the Corporation (other than for Cause or by reason of permanent disability), (2) assigned duties materially inconsistent with such position, or (3) directed to report to anyone other than the Corporation's CEOBoard of Directors.

Appears in 1 contract

Samples: Employment Agreement (Health Care Reit Inc /De/)

Voluntary Termination by the Executive. If the Executive resigns or otherwise voluntarily terminates her his employment before the end of the current term of this Agreement (other than in connection with a Change in Corporate Control, as described in Section 6), the amount the Executive shall be entitled to receive from the Corporation shall be limited to her his base salary accrued through the date of termination, any accrued but unpaid vacation pay, plus any bonuses earned but unpaid with respect to any fiscal years or other periods preceding the termination date, and any nonforfeitable benefits payable to the Executive under the terms of any deferred compensation, incentive or other benefit plans of the Corporation. For purposes of this paragraph, a resignation by the Executive shall not be deemed to be voluntary if the Executive is (1) assigned to a position other than the Vice President or Corporate Secretary of Finance of the Corporation (other than for Cause or by reason of permanent disability), (2) assigned duties materially inconsistent with such position, or (3) directed to report to anyone other than the Corporation's CEOCEO or CFO.

Appears in 1 contract

Samples: Employment Agreement (Health Care Reit Inc /De/)

Voluntary Termination by the Executive. If the Executive resigns or otherwise voluntarily terminates her his employment before the end of the current term of this Agreement (other than in connection with a Change in Corporate Control, Control as described in Section 6), the amount the Executive shall be entitled to receive from the Corporation shall be limited to her his base salary accrued through the date of termination, any accrued but unpaid vacation pay, plus any bonuses earned but unpaid with respect to any fiscal years or other periods preceding the termination date, and any nonforfeitable benefits payable to the Executive under the terms of any deferred compensation, incentive or other benefit plans of the Corporation. For purposes of this paragraph, a resignation by the Executive shall not be deemed to be voluntary if the Executive is (1) assigned to a position other than the Vice Chief Executive Officer and President or Corporate Secretary of the Corporation (other than for Cause or by reason of permanent disability), (2) assigned duties materially inconsistent with such position, or (3) directed to report to anyone other than the Corporation's CEOBoard of Directors.

Appears in 1 contract

Samples: Employment Agreement (Health Care Reit Inc /De/)

Voluntary Termination by the Executive. If the Executive resigns or otherwise voluntarily terminates her his employment before the end of the current term of this Agreement (other than in connection with a Change in Corporate Control, as described in Section 6), the amount the Executive shall be entitled to receive from the Corporation shall be limited to her his base salary accrued through the date of termination, any accrued but unpaid vacation pay, plus any bonuses earned but unpaid with respect to any fiscal years or other periods preceding the termination date, and any nonforfeitable benefits payable to the Executive under the terms of any deferred compensation, incentive or other benefit plans of the Corporation. For purposes of this paragraph, a resignation by the Executive shall not be deemed to be voluntary if the Executive is (1) assigned to a position other than the Senior Vice President or Corporate Secretary and Chief Financial Officer of the Corporation (other than for Cause or by reason of permanent disability), (2) assigned duties materially inconsistent with such position, or (3) directed to report to anyone other than the Corporation's CEO’s CEO or President.

Appears in 1 contract

Samples: Employment Agreement (Health Care Reit Inc /De/)

Voluntary Termination by the Executive. If the Executive resigns or otherwise voluntarily terminates her his employment before the end of the current term of this Agreement (other than in connection with a Change in Corporate Control, as described in Section 6), the amount the Executive shall be entitled to receive from the Corporation Company shall be limited to her his base salary accrued through the date of termination, any accrued but unpaid vacation pay, plus any bonuses earned but unpaid payable with respect to any the fiscal years or other periods preceding year of the termination dateCompany most recently ended, and any nonforfeitable benefits payable to the Executive under the terms of any deferred compensation, incentive or other benefit plans of the CorporationCompany. For purposes of this paragraph, a resignation by the Executive shall not be deemed to be voluntary if the Executive is (1) assigned to a position other than the Vice President or Corporate Secretary President, Chief Financial Officer and Treasurer of the Corporation Company (other than for Cause or by reason of permanent disability), (2) assigned duties materially inconsistent with such position, or (3) directed to report to anyone other than the CorporationCompany's CEO.

Appears in 1 contract

Samples: Employment Agreement (Health Care Reit Inc /De/)

Voluntary Termination by the Executive. If the Executive resigns or otherwise voluntarily terminates her his employment before the end of the current term of this Agreement (other than in connection with a Change in Corporate Control, as described in Section 6), the amount the Executive shall be entitled to receive from the Corporation shall be limited to her his base salary accrued through the date of termination, any accrued but unpaid vacation pay, plus any bonuses earned but unpaid with respect to any fiscal years or other periods preceding the termination date, and any nonforfeitable benefits payable to the Executive under the terms of any deferred compensation, incentive or other benefit plans of the Corporation. For purposes of this paragraph, a resignation by the Executive shall not be deemed to be voluntary if the Executive is (1) assigned to a position other than the Vice President or Corporate Secretary of Operations of the Corporation (other than for Cause or by reason of permanent disability), (2) assigned duties materially inconsistent with such position, or (3) directed to report to anyone other than the Corporation's CEOCEO or CFO.

Appears in 1 contract

Samples: Employment Agreement (Health Care Reit Inc /De/)

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Voluntary Termination by the Executive. If the Executive resigns or otherwise voluntarily terminates her his employment before the end of the current term of this Agreement (other than in connection with a Change in Corporate Control, as described in Section 6), the amount the Executive shall be entitled to receive from the Corporation shall be limited to her his base salary accrued through the date of termination, any accrued but unpaid vacation pay, plus any bonuses earned but unpaid with respect to any fiscal years or other periods preceding the termination date, and any nonforfeitable benefits payable to the Executive under the terms of any deferred compensation, incentive or other benefit plans of the Corporation. For purposes of this paragraph, a resignation by the Executive shall not be deemed to be voluntary if the Executive is (1) assigned to a position other than the Vice President or Corporate Secretary Chief Financial Officer of the Corporation (other than for Cause or by reason of permanent disability), (2) assigned duties materially inconsistent with such position, or (3) directed to report to anyone other than the Corporation's CEO.

Appears in 1 contract

Samples: Employment Agreement (Health Care Reit Inc /De/)

Voluntary Termination by the Executive. If the Executive resigns or otherwise voluntarily terminates her his employment before the end of the current term of this Agreement (other than in connection with a Change in Corporate Control, Control as described in Section 6), the amount the Executive shall be entitled to receive from the Corporation Company shall be limited to her his base salary accrued through the date of termination, any accrued but unpaid vacation pay, plus any bonuses earned but unpaid payable with respect to any the fiscal years or other periods preceding year of the termination dateCompany most recently ended, and any nonforfeitable benefits payable to the Executive under the terms of any deferred compensation, compensation or incentive or other benefit plans of the CorporationCompany. For purposes of this paragraph, a resignation by the Executive shall not be deemed to be voluntary if the Executive is (1) assigned to a position other than the Vice Chief Executive Officer and President or Corporate Secretary of the Corporation Company (other than for Cause or by reason of permanent disability), (2) assigned duties materially inconsistent with such position, or (3) directed to report to anyone other than the CorporationCompany's CEOBoard of Directors.

Appears in 1 contract

Samples: Employment Agreement (Health Care Reit Inc /De/)

Voluntary Termination by the Executive. If the Executive resigns or otherwise voluntarily terminates her his employment before the end of the current term of this Agreement (other than in connection with a Change in Corporate Control, as described in Section 6), the amount the Executive shall be entitled to receive from the Corporation shall be limited to her his base salary accrued through the date of termination, any accrued but unpaid vacation pay, plus any bonuses earned but unpaid with respect to any fiscal years or other periods preceding the termination date, and any nonforfeitable benefits payable to the Executive under the terms of any deferred compensation, incentive or other benefit plans of the Corporation. For purposes of this paragraph, a resignation by the Executive shall not be deemed to be voluntary if the Executive is (1) assigned to a position other than the Vice President or Corporate Secretary President, Chief Financial Officer and Treasurer of the Corporation (other than for Cause or by reason of permanent disability), (2) assigned duties materially inconsistent with such position, or (3) directed to report to anyone other than the Corporation's CEO.

Appears in 1 contract

Samples: Employment Agreement (Health Care Reit Inc /De/)

Voluntary Termination by the Executive. If the Executive resigns or otherwise voluntarily terminates her his employment before the end of the current term of this Agreement (other than in connection with a Change in Corporate Control, Control as described in Section 6), the amount the Executive shall be entitled to receive from the Corporation shall be limited to her his base salary accrued through the date of termination, any accrued but unpaid vacation pay, plus any bonuses earned but unpaid with respect to any fiscal years or other periods preceding the termination date, and any nonforfeitable benefits payable to the Executive under the terms of any deferred compensation, incentive or other benefit plans of the Corporation. For purposes of this paragraph, a resignation by the Executive shall not be deemed to be voluntary if the Executive is (1) assigned to a position other than the Vice Chairman, Chief Executive Officer and President or Corporate Secretary of the Corporation (other than for Cause or by reason of permanent disability), (2) assigned duties materially inconsistent with such position, or (3) directed to report to anyone other than the Corporation's CEOBoard of Directors.

Appears in 1 contract

Samples: Employment Agreement (Health Care Reit Inc /De/)

Voluntary Termination by the Executive. If the Executive resigns or otherwise voluntarily terminates her his employment before the end of the current term of this Agreement (other than in connection with a Change in Corporate Control, as described in Section 6), the amount the Executive shall be entitled to receive from the Corporation shall be limited to her his base salary accrued through the date of termination, any accrued but unpaid vacation pay, plus any bonuses earned but unpaid with respect to any fiscal years or other periods preceding the termination date, and any nonforfeitable benefits payable to the Executive under the terms of any deferred compensation, incentive or other benefit plans of the Corporation. For purposes of this paragraph, a resignation by the Executive shall not be deemed to be voluntary if the Executive is (1) assigned to a position other than the Vice President or Corporate Secretary of Operations of the Corporation (other than for Cause or by reason of permanent disability), (2) assigned duties materially inconsistent with such position, or (3) directed to report to anyone other than the Corporation's CEOCEO or EVP.

Appears in 1 contract

Samples: Employment Agreement (Health Care Reit Inc /De/)

Voluntary Termination by the Executive. If the Executive resigns or otherwise voluntarily terminates her his employment before the end of the current term of this Agreement (other than in connection with a Change in Corporate Control, as described in Section 6), the amount the Executive shall be entitled to receive from the Corporation Company shall be limited to her his base salary accrued through the date of termination, any accrued but unpaid vacation pay, plus any bonuses earned but unpaid payable with respect to any the fiscal years or other periods preceding year of the termination dateCompany most recently ended, and any nonforfeitable benefits payable to the Executive under the terms of any deferred compensation, incentive or other benefit plans of the CorporationCompany. For purposes of this paragraph, a resignation by the Executive shall not be deemed to be voluntary if the Executive is (1) assigned to a position other than the Vice President or Corporate Secretary Chief Operating Officer of the Corporation Company (other than for Cause or by reason of permanent disability), (2) assigned duties materially inconsistent with such position, or (3) directed to report to anyone other than the CorporationCompany's CEO.

Appears in 1 contract

Samples: Employment Agreement (Health Care Reit Inc /De/)

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