Common use of Active Employee Clause in Contracts

Active Employee. For purposes of this Agreement, and subject to paragraphs 2(b) and (c) hereof, Employee shall be considered an “Active Employee” on a given date if, on that date, Employee is then, and has since the date of this Agreement been, actively employed by a member of the Tyco Group, diligently performed the duties and responsibilities normally associated with the Employee’s position, diligently performed any additional responsibilities related to the Merger Transaction that may reasonably be assigned to Employee (including training responsibilities or other responsibilities related to the transition of Employee’s position to another individual), has not given written notice of Employee’s intent to resign or retire as of a date prior to the end of the Retention Period, and has not engaged in any conduct that would be grounds for discharge for Cause (as defined herein).