Without Cause by Company. Company may, at its option, at any time terminate this Agreement and Executive’s employment hereunder for no reason or for any reason whatsoever (other than for Cause or as a result of Executive’s death or Disability) by giving written notice of termination to Executive.
Without Cause by Company. This Agreement may be terminated without cause by the Company at anytime effective upon written notice to Employee, provided that, if Employee is terminated "without cause," severance will be paid to the Employee as follows: (i) if the Employee is terminated without cause within one year of the date of execution of this Agreement, the Employee shall continue to be paid his base salary for six (6) months, and (ii) if the Employee is terminated without cause later than one year after execution of this Agreement, the Employee shall continue to be paid his base salary for twelve (12) months.
Without Cause by Company. The Company’s Board of Directors may terminate the Executive's employment under this Agreement at any time without Cause. If the Company breaches any term of this Agreement and fails to cure such breach within thirty (30) days of notice of such breach from the Executive, and if Executive terminates his employment with the Company within thirty (30) days after the period for the cure of the breach by the Company expires, the Company shall be deemed to have terminated the Executive's employment hereunder without Cause. If the Company terminates the Executive’s employment in accordance with this paragraph, the Executive shall be entitled to continuation in payment of his Base Salary for twelve months following the date of termination; additionally, Executive will be entitled to a pro-rated portion of the bonus described in paragraph 4(b) above and to continued coverage under the health and welfare employee benefit plans and programs described in paragraph 4(c) at active executive levels and costs for twelve months following the date of termination. Payment of all salary continuation and pro-rated bonus payments described in this paragraph are contingent on (i) Executive’s compliance with restrictive covenants provided in Section 7 of this Agreement and (ii) Executive’s execution of a release of all claims arising from his employment with the Company, in such reasonable form as may then be used by the Company respecting termination of employees. In the event the Company determines that any severance or termination payments provided for in this Agreement or otherwise payable to Executive constitute “parachute payments” within the meaning of Section 280G of the Internal Revenue Code of 1986, as amended (the “Code”) and; (A) but for this paragraph, would be subject to the excise tax imposed by Section 4999 of the Code (or any corresponding provisions of state income tax law); and; (B) reduction of such payments to the amount necessary to avoid the application of such excise tax would result in Executive retaining an amount that is greater than the amount he would retain if such payments were made without such reduction but after the application of such tax; then such payments shall be delivered as to such lesser extent which would result in no portion of such payments being subject to excise tax under Section 4999 of the Code. Any determination required under this paragraph shall be made by the Company’s accountants, whose determination shall be conclusive and bi...
Without Cause by Company. If, other than caused by a Change in Control, the Company terminates Executive's employment at any time prior to the expiration of the initial or then current extension of the Employment Period for reasons other than those specified in paragraph 4 or subparagraph 7.a. of this Agreement, then Executive shall continue to receive his base salary and fringe benefits (automobile, car phone and country club expense) for a period of 12 months.
Without Cause by Company. In the event that during the Term, the Company terminates Employee's employment hereunder other than for Cause or due to the death or Disability of Employee, then the Company shall pay to Employee (A) within ten (10) days after the date of termination, an amount equal to (i) any unpaid accrued Base Salary pursuant to Section 3(a)(i) above to which Employee was entitled as of the date of such termination; (ii) any unpaid accrued Incentive Bonus pursuant to Section 3(a)(ii) above to which Employee was entitled as of the date of such termination; (iii) any other amounts due to Employee as of the date of termination, including, but not limited to, reimbursement of expenses under Section 3(g) above; and (iv) any unpaid accrued Vacation Payment to which Employee was entitled as of the date of such termination; and (B) upon the earlier to occur of Employee's death or the date which is six (6) months following such termination, a lump sum amount equal to the aggregate of the following: (i) Base Salary based on the Base Salary in effect on the date of termination of Employee's employment with respect to a period equal to two (2) years, (ii) an amount equal to two (2) times the Target Bonus and (iii) the cost of the Benefits Amount and Car Allowances in effect on the date of termination payable to Employee, with respect to a period equal to two (2) years. In addition to Employee's rights under share option, restricted share or performance share agreements outstanding prior to, or after, the date hereof, upon such termination, Employee shall also be entitled, in addition to Employee's rights under share option, restricted share or performance share agreements outstanding prior to, or after, the date hereof, to immediate vesting of any (i) restricted shares held by Employee on the date of termination which were granted before on or after the date hereof, and the Performance Shares held by Employee on the date of such termination which were granted before or after the date hereof, and (ii) Annual Options held by Employee on the date of termination which were granted after the date hereof, all of which shall remain exercisable until the earlier of one (1) year following the date of such termination or, if applicable, the date any such share options would otherwise expire in the absence of such termination. Any payment to Employee under this Section 5(e) shall be in lieu of any payment that may be deemed to be payable to Employee under Section 5(g), below.
Without Cause by Company. During or after the Term, the Company may terminate Executive's employment under this Agreement at any time and for any reason without Cause. If the Company terminates Executive's employment pursuant to the provisions of this Section 4.2 during the Term (without cause), Executive shall, in addition to all accrued but unpaid Base Salary and Bonus Compensation through the date of termination, following such termination, receive a lump-sum amount equal to the Base Salary being paid to him immediately prior to such termination for the remainder of the Term along with such accrued rights as may be vested as of such date under any Company benefits and Bonus Compensation plans (the "Severance Payment"). In the event of any such termination, Executive shall be entitled to the applicable Severance Payment set forth above and no further severance or other compensation or benefits, except those specified under Section 3.3 (h).
Without Cause by Company. Company may, at its option, terminate Executive's Employment for any reason or no reason whatsoever (other than for the reasons set forth elsewhere in this Section 3.2)
Without Cause by Company. The Company may terminate the Employee's employment under this Agreement at any time without Cause. If the Company breaches any term of this Agreement and fails to cure such breach within thirty (30) days of notice of such breach from the Employee, and if Employee terminates his employment with the Company within thirty (30) days after the period for the cure of the breach by the Company expires, the Company shall be deemed to have terminated the Employee's employment hereunder without Cause. Material breach, as defined herein shall include, without limitation, (a) any failure by the Company to comply with Section 4 hereof in any material way; (b) the relocation of the principal place where the Employee regularly performs services for the Company outside of the Denver, Colorado Metropolitan Area; (e) any misrepresentation by Company to any government or other violation of law. If the Company terminates the Employee’s employment in accordance with this paragraph, the Employee shall be entitled to; (i) continuation in payment of his Base Salary until the end of the sixth (6th ) month following termination, at the rate in effect immediately before the termination; (ii) the payment by the Company of medical benefits payable to employee until the end of the sixth (6th ) month following termination, and; (iii) the pro rata portion the bonus payable pursuant to Section 4(b) as determined by the EBITDA as of the nearest quarter end financial statements of the Company. The foregoing is provided that the Employee honors the restrictive covenants provided in this Agreement and executes a release of all claims arising from his employment by the Company, in such form as may then be used by the Company respecting termination of employees.
Without Cause by Company. Company may, at its option, terminate Executive’s Employment for any reason or no reason whatsoever (other than for the reasons set forth elsewhere in this Section 3.2) by giving a Notice of Termination to Executive. The Notice of Termination shall specify the Date of Termination, which date shall not be earlier than sixty (60) days after the Notice of Termination is given. Amounts payable to Executive upon termination without cause are set forth in Section 3.3.2 below.
Without Cause by Company. The Company may terminate Executive’s employment hereunder without Cause by providing Executive with a Notice of Termination (as defined in Section 7(a)). This means that, notwithstanding any other provision of this Agreement, Executive’s employment with the Company will be “at will.” (f)
