Diminution in Responsibility definition

Diminution in Responsibility means any of the following: (i) a material diminution in the Employee’s authority, duties and responsibilities or the assignation to the Employee of duties and responsibilities that are materially inconsistent with the Employee’s apparent authority or title with the Company or with the Guarantor, considered equitably under the circumstances and with reference to officers with similar titles at companies within the Company’s industry; or (ii) other circumstances that would constitute “constructive termination” under applicable employment law.
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Diminution in Responsibility means a material diminution in Employee's duties or responsibilities or the assignment to Employee of duties which are materially inconsistent with his duties as President and Chief Executive Officer of the Company or which materially impair Employee's ability to function in his position; provided, however, that no Diminution in Responsibility shall be deemed to have occurred solely as a result of the consummation by the Company of a strategic corporate alliance, partnership or joint venture (in whatever form) pursuant to which any substantial portion of the Company's marketing and sales activities, or research and development activities, or manufacturing activities come under the control of the Hewlett-Packard Company (and its affiliates) or any entity unaffiliated with the Company on the Effective Date.
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Diminution in Responsibility means any of (i) a material diminution in Executive’s duties or responsibilities or the assignment to Executive of duties that are materially inconsistent with his duties as President and Chief Executive Officer of the Company or that materially impair Executive’s ability to function in his position; (ii) the Company’s failure, during the Employment Term, to cause the election of Executive to the Board; (iii) a relocation of the Company’s principal offices, without Executive’s acquiescence or consent, to a location that is more than a 50 mile radius from its current location; (iv) any material reduction in the compensation and benefit opportunities of the Executive (measured in the aggregate); or (v) any breach by the Company of any material provision of this Agreement, provided that Executive has given the Company written notice of such breach and the Company has failed to cure such breach within a period that is reasonable under the circumstances.
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Examples of Diminution in Responsibility in a sentence

  • Unless terminated earlier in accordance with this Agreement, at the end of the Employment Term, Executive shall be entitled to the payments, rights and benefits provided for in Section 5.2(b) above, as if termination had been based on a Diminution in Responsibility.

  • In order to receive his payments and other benefits under this subsection, however, Executive must voluntarily terminate his employment with the Company within one (1) year of such Diminution in Responsibility.

  • If, prior to the expiration of the Employment Term, the Company terminates Executive’s employment hereunder without Cause, Executive shall be entitled to receive, in addition to all other items of Base Salary, Transaction Bonus, unreimbursed expenses and other entitlements to the date of termination, the payments, rights and benefits provided for in Section 5.2(b) above as if termination had been based on a Diminution in Responsibility, subject to Section 7 below.

  • In the event the Company notifies Executive under Section 4 that it will not renew this Agreement for any Renewal Period, Executive shall be entitled to the payments, rights and benefits provided for in Section 5.2(b) above, as if termination had been based on a Diminution in Responsibility.

  • These include:• the RDF volumes and associated transport are based upon a worst-case annual throughput of 753,000 tonnes of RDF, but the RDF throughput is expected to be closer to 616,500 tonnes per annum based upon the design NCV of the fuel.

  • If, prior to the expiration of the Employment Term, the Company terminates Employee’s employment hereunder without Cause, Employee shall be entitled to receive, in addition to all other items of salary, Bonus, unreimbursed expenses and other entitlements to the date of termination, the payments, rights and benefits provided for in Section 6.2(b) above as if termination had been based on a Diminution in Responsibility.

  • If, prior to the expiration of the Employment Term, Employee terminates his employment hereunder due to a Diminution in Responsibility, Employee shall be entitled to (i) the Accrued Salary, (ii) salary continuation for the lesser of eighteen (18) months or remaining Employment Term, subject to a minimum of 12 months, at Employee's Base Salary as in effect as of the termination date and (iii) cease to be covered under or be permitted to participate in or receive any of the Benefits.

  • Different perceptions towards the integration of QMSs into ESKOM’s business plan are to be expected, especially regarding the level of commitment and understanding.

  • In the event the Company notifies Employee under Section 5 that it will not renew this Agreement for any Renewal Period, Employee shall be entitled to the payments, rights and benefits provided for in Section 6.2(b) above, as if termination had been based on a Diminution in Responsibility.

  • If, prior to the expiration of the Employment Term, Employee terminates his employment hereunder due to a Diminution in Responsibility, Employee shall be entitled to (i) the Accrued Salary, (ii) salary continuation for eighteen (18) months at Employee's Base Salary as in effect as of the termination date and (iii) cease to be covered under or be permitted to participate in or 8 receive any of the Benefits.


More Definitions of Diminution in Responsibility

Diminution in Responsibility means any of the following:
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Diminution in Responsibility means a material diminution in Employee's duties or responsibilities (it being understood that removal of Employee from the Company's Board of Directors (other than for cause or in the case of a Change in Control) shall constitute a diminution in Employee's duties or responsibilities) or the assignment to Employee of duties which are materially inconsistent with his duties as President and Chief Executive Officer of the Company or which materially impair Employee's ability to function in his position; provided, however, that no Diminution in Responsibility shall be deemed to have occurred solely as a result of the consummation by the Company of a strategic corporate alliance, partnership or joint venture (in whatever form) pursuant to which any substantial portion of the Company's marketing and sales activities, or research and development activities, or manufacturing activities come under the control of another company (and its affiliates) or any entity unaffiliated with the Company on the Commencement Date.
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Diminution in Responsibility means any of (i) a material diminution in Employee’s duties or responsibilities or the assignment to Employee of duties that are materially inconsistent with his duties as President and Chief Executive Officer of the Company or that materially impair Employee’s ability to function in his position; (ii) the Company’s failure, during the term of Employee’s employment hereunder, to cause the election of Employee to the Board of Directors of the Company; (iii) a relocation of the Company’s principal offices, without Employee’s acquiescence or consent, to a location that is more than a 50 mile radius from its current location; (iv) any material reduction in the compensation and benefit opportunities (other than those in Sections 3.2(b) and (c) that have a stated term) of the Employee (measured in the aggregate); or (v) any breach by the Company of any material provision of this Agreement, provided that Employee has given the Company written notice of such breach and the Company has failed to cure such breach within a period that is reasonable under the circumstances.
Sample 1
Diminution in Responsibility means any action taken by the Company which has the effect of significantly diminishing the level of responsibility of the Employee as President and Chief Executive Officer.
Sample 1
Diminution in Responsibility means any of (i) a material diminution in Employee’s duties or responsibilities or the assignment to Employee of duties that are materially inconsistent with his duties as President and Chief Executive Officer of the Company or that materially impair Employee’s ability to function in his position; (ii) the Company’s failure, during the term of Employee’s employment under the Employment Agreement, to cause the election of Employee to the Board of Directors of the Company; (iii) a relocation of the Company’s principal offices, without Employee’s acquiescence or consent, to a location that is more than a fifty (50) mile radius from its current location; (iv) any material reduction in the compensation and benefit opportunities (other than those in Sections 3.2(b) and (c) of the Employment Agreement that have a stated term) of the Employee (measured in the aggregate); or (v) any breach by the Company of any material provision of this Agreement or the Employment Agreement, provided that Employee has given the Company written notice of such breach and the Company has failed to cure such breach within a period that is reasonable under the circumstances.
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Related to Diminution in Responsibility

  • Area of responsibility means the geographical area, as

  • Financial responsibility means the ability to respond in damages for liability thereafter incurred

  • parental responsibility , in relation to a child, means all the duties, powers, responsibilities and authority which, by law, parents have in relation to children.

  • Responsibilities means the responsibilities delegated to BNY under the Rule as a Foreign Custody Manager with respect to each Specified Country and each Eligible Foreign Custodian selected by BNY, as such responsibilities are more fully described in Article III of this Agreement.

  • Customer Responsibilities means the responsibilities of the Customer set out in Call Off Schedule 4 (Implementation Plan) and any other responsibilities of the Customer in the Call Off Order Form or agreed in writing between the Parties from time to time in connection with this Call Off Contract;

  • Corporate Social Responsibility means Corporate Social Responsibility (CSR) as defined in Section 135 of the Companies Act, 2013 and Companies Corporate Social Responsibility Policy) Rules, 2014;

  • Responsibility means a duty for which a person is accountable by virtue of licensure.

  • Institutional Responsibilities means an Investigator’s professional responsibilities on behalf of the University, which may include for example: activities such as research, research consultation, teaching, professional practice, University committee memberships, and service on panels such as Institutional Review Boards or data and safety monitoring boards.

  • Extended producer responsibility ’ (EPR) means responsibility of any producer of packaging products such as plastic, tin, glass, wrappers and corrugated boxes, etc., for environmentally sound management, till end-of-life of the packaging products ;

  • Residual parental rights and responsibilities means all rights and responsibilities remaining with the

  • Official responsibility means administrative or operating authority, whether intermediate or final, to initiate, approve, disapprove or otherwise affect a procurement transaction, or any claim resulting therefrom.

  • Proof of financial responsibility means proof of ability to respond in damages for liability, on account of accidents occurring after the effective date of the proof, arising out of the ownership, maintenance, or use of a motor vehicle, in the amount of twenty-five thousand dollars because of bodily injury to or death of one person in any one accident, and, subject to the limit for one person, in the amount of fifty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and in the amount of twenty-five thousand dollars because of injury to or destruction of property of others in any one accident.

  • Change in Duties means: (i) The occurrence, prior to a Change of Control or after the expiration of a Change of Control Period, of any one or more of the following: (1) a material reduction in the nature or scope of Executive’s authorities or duties from those previously applicable to him; (2) a reduction in Executive’s Annual Base Salary; (3) a material diminution in employee benefits (including, but not limited to, medical, dental, life insurance and long-term disability plans) and perquisites applicable to Executive from those substantially similar to the employee benefits and perquisites provided by WRI to executives with comparable duties; or (4) a change in the location of Executive’s principal place of employment by the Company (including its subsidiaries and the Parent) by more than 60 miles from the location where he was principally employed; provided, however, that such change in the location of Executive’s principal place of employment shall not constitute a Change In Duties if the decision to relocate was mutually acceptable to Executive and the Company prior to such change in location. (ii) The occurrence, within a Change of Control Period, of any one or more of the following: (1) a material reduction in the nature or scope of Executive’s authorities or duties from those applicable to him immediately prior to the date on which a Change of Control occurs; (2) a reduction in Executive’s Annual Base Salary from that provided to him immediately prior to the date on which a Change of Control occurs; (3) a diminution in Executive’s eligibility to participate in bonus, stock option, incentive award and other compensation plans that provide opportunities to receive compensation which are the greater of (A) the opportunities provided by the Company (including its subsidiaries and the Parent) for executives with comparable duties or (B) the opportunities under any such plans under which he was participating immediately prior to the date on which a Change of Control occurs; (4) a material diminution in employee benefits (including, but not limited to, medical, dental, life insurance and long-term disability plans) and perquisites applicable to Executive from the greater of (A) the employee benefits and perquisites provided by the Company (including its subsidiaries and the Parent) to executives with comparable duties or (B) the employee benefits and perquisites to which Executive was entitled immediately prior to the date on which a Change of Control occurs; or (5) a change in the location of Executive’s principal place of employment by the Company (including its subsidiaries and the Parent) by more than 60 miles from the location where he was principally employed immediately prior to the date on which a Change of Control occurs; provided, however, that such change in the location of Executive’s principal place of employment shall not constitute a Change In Duties if the decision to relocate was mutually acceptable to Executive and the Company prior to such change in location.

  • Material and Substantial Duties means responsibilities that are normally required to perform your Own Occupation, or any other occupation, and cannot be reasonably eliminated or modified.

  • Certificate of Substantial Performance means a certificate issued by the NCC when the Work reaches Substantial Performance;

  • Willful and Material Breach means a material breach that is a consequence of an act undertaken by the breaching party or the failure by the breaching party to take an act it is required to take under this Agreement, with knowledge that the taking of or failure to take such act would, or would reasonably be expected to, result in, constitute or cause a breach of this Agreement.

  • Substantial cause means Employee’s (1) failure to substantially perform Employee’s duties; (2) material breach of this Agreement; (3) misconduct, including but not limited to, use or possession of illegal drugs during work and/or any other action that is damaging or detrimental in a significant manner to the Company; (4) conviction of, or plea of guilty or nolo contendere to, a felony; or (5) failure to cooperate with, or any attempt to obstruct or improperly influence, any investigation authorized by the Board of Directors or any governmental or regulatory agency.

  • Role means the part or parts an Actor plays in a performance, or the "track" that an Artist follows in performance. The Artist may agree to participate in scene changes and/or supplemental business as part of their originally contracted Role.

  • Flood-related erosion area management means the operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including but not limited to emergency preparedness plans, flood-related erosion control works and floodplain management regulations.

  • Substantial Breach means a breach of any of clauses 3.8, 3.9, 4.1, 4.2, 5.1(c)(i) to 5.1(c)(xxiv) (inclusive), 17.1, 17.2, 31.2 or 31.7(c) of this Agreement;

  • Oversight means the term as it is defined in the Stewardship Agreement between CDOT and the FHWA.

  • Substantial Performance means the stage of completion when:(a) all Work, as certified by the Contract Administrator, is capable of completion or correction at a cost of not more than:

  • Flood-related erosion means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood, or by some similarly unusual and unforeseeable event which results in flooding.

  • Degree of relationship means the number of steps between two persons

  • Material Duties means the duties generally required by employers in the national economy of those engaged in a particular occupation that cannot be reasonably modified or omitted. In no event will working an average of more than 40 hours per week be considered a Material Duty.

  • Substantial Block means a number of shares of Voting Stock which have 10% or more of the aggregate voting power of all outstanding shares of Voting Stock.