Term and Termination of Employment. (a) This Agreement shall be effective as of the Effective Date.
(b) Employee's Employment shall terminate immediately upon the discharge of Employee for "Cause." For the purpose of this Agreement, the term "Cause," when used with respect to termination by NOVA of Employee's Employment hereunder, shall mean termination as a result of: (i) Employee's competition with the Business of NOVA either directly or indirectly, (ii) Employee's willful, intentional, or grossly negligent failure to perform her duties under this Agreement diligently and in accordance with the directions of NOVA; (iii) Employee's willful, intentional, or grossly negligent failure to comply with the decisions or policies of NOVA; (iv) Employee's failure to discharge Employee's duty of loyalty to NOVA; or (v) final conviction of Employee of a felony; provided, however, that in the event NOVA desires to terminate Employee's Employment pursuant to subsections (i), (ii), (iii), or (iv) of this Section 6 (b), NOVA shall first give Employee written notice of such intent, detailed and specific description of the reasons and basis therefor, and thirty (30) days to remedy or cure such perceived breaches or deficiencies by Employee (the "Cure Period"). If Employee does not cure the perceived breaches or deficiencies within the Cure Period, NOVA may discharge Employee immediately upon written notice to Employee. If NOVA desires to terminate Employee's Employment pursuant to subsection (v) of this Section 6(b), NOVA shall first give Employee three (3) days prior written notice of such intent.
Term and Termination of Employment. Section 2.1 Unless sooner terminated pursuant to other provisions hereof, the Company agrees to employ Employee for a three-year period beginning on the Effective Date, and thereafter automatically extend the term of this Agreement for successive one-year periods unless and until such time as either party shall give written notice to the other at least 15 days prior to the expiration of the then current term that no such automatic extension shall occur, in which event Employee's employment shall terminate on the expiration of the then current term.
Section 2.2 Notwithstanding the provisions of Section 2.1 hereof, the Company shall have the right to terminate Employee's employment under this Agreement at any time in accordance with the following provisions:
(a) upon Employee's death;
(b) upon Employee's becoming incapacitated or disabled by accident, sickness or other circumstance which impairment (despite reasonable accommodation) renders him mentally or physically incapable of performing the duties and services required of him hereunder for a period of at least 120 consecutive days or for a period of 180 business days during any 12-month period;
(c) for cause, which for purposes of this Agreement shall mean each of the following:
(i) a material act or material acts of dishonesty or disloyalty by Employee adversely affecting the Company;
(ii) Employee's breach of any of his obligations of this Agreement;
(iii) Employee's gross negligence or willful misconduct in performance of the duties and services required of him pursuant to this Agreement; or
(iv) Employee's conviction of a felony, or Employee's conviction of a misdemeanor involving moral turpitude.
Term and Termination of Employment. Executive will be employed for no specific term and until terminated pursuant to the terms of this Agreement.
Term and Termination of Employment. The Employment shall continue until it is terminated pursuant to the terms of this Section 5.
Term and Termination of Employment. In the event Executive’s employment with the Company terminates for any reason, Executive will be entitled to any (a) unpaid Base Salary accrued up to the effective date of termination; (b) unpaid, but earned and accrued annual incentive for any completed fiscal year as of his termination of employment; (c) pay for accrued but unused vacation; (d) benefits or compensation as provided under the terms of any employee benefit and compensation agreements or plans applicable to Executive; (e) unreimbursed business expenses required to be reimbursed to Executive; and (f) rights to indemnification Executive may have under the Company’s Articles of Incorporation, Bylaws, the Agreement, or separate indemnification agreement, as applicable. In addition, if the termination is by the Company without Cause or Executive resigns for Good Reason, Executive will be entitled to amounts and benefits specified in Section 8.
Term and Termination of Employment. Employee's term of employment under this Agreement shall commence on the effective date of this Agreement and shall continue thereafter until terminated by either party by providing the other with not less than thirty (30) days prior written notice of such party's intention to terminate this Agreement. Notwithstanding the foregoing, however, the parties acknowledge and agree that Employee’s employment with Employer shall be at will. Either party may terminate this Agreement with or without cause upon thirty (30) days written notice. This Agreement does not constitute a contract of employment for a specific duration. Upon such termination, all of Employee’s rights to compensation and other benefits hereunder shall terminate upon the date his employment terminates except as provided herein or as may be mandated by law. In the event Employer terminates Employee’s employment without cause, it shall then:
a. Continue paying Employee his then current salary for a period of eighteen (18) months from and after the effective date of the termination. However, the payments due Employee shall be reduced by his salary in the event that he attains other employment during said eighteen (18) month period.
b. Continue paying his health care insurance for a period of eighteen (18) months from and after the effective date of the termination, unless health insurance is provided by other employment secured during said eighteen (18) month period.
c. If Employee’s employment is terminated for cause, which, by way of example, would include gross negligence, illegal conduct, intentional insubordination, dishonesty, a violation of the terms and conditions of his employment, theft, fraud or other dishonest activity, then, and in that event, there shall be no obligation to continue the salary and health benefits set forth above. The Company may terminate the Employee's employment upon sixty (60) days' notice to the Employee and a severance payment of three (3) times the Employee’s annual salary should any of the following events occur:
1. The sale of substantially all of the Company's assets to a single purchaser or group of associated purchasers; or
2. The sale, exchange, or other disposition, in one transaction of the majority of the Company's outstanding corporate shares; or
3. The merger or consolidation of the Company with another;
Term and Termination of Employment. Subject to earlier termination as provided herein, Xpedior and Employee agree that the term of this Agreement shall commence on the Effective Date and continue for two (2) years from the Effective Date (the "Term"). Xpedior or Employee, as the case may be, shall have the right to terminate employment under this Agreement at any time for any of the following reasons:
Term and Termination of Employment. A. The term of this contract shall be for five (5) years commencing as of April 7, 1997. However, and except as set forth in Section II (B) below, you or the Company may terminate your employment upon six (6) month's written notice at any time during the term.
B. Notwithstanding Section II (A) above, the Company may terminate your employment at any time, without further obligation of any kind or nature, in the event that:
(i) The Company determines in its reasonable judgment that you are engaging or have engaged in conduct or activities injurious to the reputation and/or affairs of the Company; or
(ii) That you are convicted for activity of a criminal or illegal nature under the laws of the Country of Poland; and/or
Term and Termination of Employment. 2
2.1 Term of Employment 2 2.2 Notice of Termination 3 2.3 Resignations 3
Term and Termination of Employment. The term of Employee’s employment under this Agreement shall commence on the Effective Date of this Agreement and shall continue thereafter until terminated as follows:
a. E ENERGY may terminate this Agreement without cause by notifying Employee of such termination at least 30 days in advance of the effective date of such termination.
b. This Agreement shall automatically terminate upon the death or permanent disability (as determined in good faith by the Board of Directors) of Employee.
c. Employee may terminate this Agreement by notifying the CEO of such termination at least 90 days in advance of the effective date of such termination. However, in the event Employee terminates this Agreement prior to one year from the Effective Date, Employee will be required to repay all reasonable recruiting costs incurred by E ENERGY in recruiting him and his replacement. Except as provided herein, all of Employee’s right to compensation and other benefits hereunder shall terminate upon the date his employment terminates, except: as may he mandated by law with respect to health insurance or other benefits.
