Common use of At Will by the Company Clause in Contracts

At Will by the Company. At any time, the Company may terminate ---------------------- the Period of Employment for any reason, without cause, upon 24 hours written notice to the Employee. In the event the Company elects to terminate the Period of Employment pursuant to this Section 3(e), the Company shall retain Employee as a consultant to the Company for a period commencing on the date of such termination and continuing until the expiration of the Period of Employment (the "Consultancy Period"), during which time Employee agrees to be available to the Company (which may include availability via telephone) to consult with officers and directors regarding the business of the Company, whenever so requested, such consultancy work not to exceed 40 hours per week. Employee shall continue to receive payment of his compensation under Sections 2(a), 2(c) and 2(f) during the Consultancy Period and his benefits described in Section 2(e); provided that -------- ---- if (i) any of the events listed in paragraph (c) of this Section 3 occur then the Company's obligations hereunder shall be governed in accordance with the applicable paragraph or (ii) Employee breaches Sections 3(h), 3(i) and/or 4 hereof, including a violation of his Proprietary Information and Inventions Agreement (described at Section 4 below), then all of the Company's obligations hereunder shall cease immediately. The amount of bonus payable to Employee pursuant to this Section 3(e) shall be calculated in the manner set forth in Section 3(a) above through the end of the Consultancy Period. Employee hereby agrees that the Company may dismiss him under this Section 3(e) without regard (i) to any general or specific policies (whether written or oral) of the Company relating to the employment or termination of its employees, or (ii) to any statements made to Employee, whether made orally or contained in any document, pertaining to Employee's relationship with the Company. During the Consultancy Period, Employee agrees not to compete with the business of the Company during such Consultancy Period as set forth in Section 3(i) hereof.

Appears in 1 contract

Samples: Employment Agreement (Bea Systems Inc)

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At Will by the Company. At any time, the Company may terminate ---------------------- the Period of Employment for any reason, without cause, upon 24 hours written notice to the Employee. In the event the Company elects to terminate the Period of Employment pursuant to this Section 3(e), the Company shall retain Employee as a consultant to the Company for a period commencing on the date of such termination and continuing until the expiration of the Period of Employment (the "Consultancy Period"), during which time Employee agrees to be available to the Company (which may include availability via telephone) to consult with officers and directors regarding the business of the Company, whenever so requested, such consultancy work not to exceed 40 hours per week. Employee shall continue to receive payment of his compensation under Sections 2(a), 2(c) and 2(f) during the Consultancy Period and his benefits described in Section 2(e); provided that -------- ---- PROVIDED THAT if (i) any of the events listed in paragraph (c) of this Section 3 occur then the Company's obligations hereunder shall be governed in accordance with the applicable paragraph or (ii) Employee breaches Sections 3(h), 3(i) and/or 4 hereof, including a violation of his Proprietary Information and Inventions Agreement (described at Section 4 below), then all of the Company's obligations hereunder shall cease immediately. The amount of bonus payable to Employee pursuant to this Section 3(e) shall be calculated in the manner set forth in Section 3(a) above through the end of the Consultancy Periodabove. Employee hereby agrees that the Company may dismiss him under this Section 3(e) without regard (i) to any general or specific policies (whether written or oral) of the Company relating to the employment or termination of its employees, or (ii) to any statements made to Employee, whether made orally or contained in any document, pertaining to Employee's relationship with the Company. During the Consultancy Period, Employee agrees not to compete with the business of the Company during such Consultancy Period as set forth in Section 3(i) hereof.

Appears in 1 contract

Samples: Employment Agreement (Bea Systems Inc)

At Will by the Company. At any time, the Company may terminate the ---------------------- the Period of Employment for any reason, without cause, upon 24 hours ten (10) days' written notice to the Employee. In the event the Company elects to terminate the Period of Employment pursuant to this Section 3(e), the Company shall retain Employee as a consultant to the Company for a period commencing on the date of such termination and continuing until the expiration of the Period of Employment (the "Consultancy Period"), during which time Employee agrees to be available to the Company (which may include availability via telephone) to consult with officers and directors perform certain consulting services regarding the business of the Company, whenever so requested, Company which shall be mutually agreed upon between the Company and Employee at mutually agreeable places and times. The Company agrees that such consultancy work will not to exceed 40 hours per week. Employee shall continue to receive payment of his compensation under Sections 2(a), 2(c) and 2(f) during the Consultancy Period and his benefits described in Section 2(e) as well as continued stock option vesting in accordance with Employee's stock option agreement (unless Employee's stock options immediately vest pursuant ot the terms of any applicable stock option agreement(s)), whether the Company utilizes Employee's consulting services or not; provided that -------- ---- if (i) -------- ---- any of the events listed in paragraph (c) of this Section 3 occur then the Company's obligations hereunder shall be governed in accordance with the applicable paragraph or (ii) Employee breaches Sections 3(h), 3(i) and/or 4 hereof, including a violation of his Proprietary Information and Inventions Agreement (described at Section 4 below), then all of the Company's obligations hereunder shall cease immediately. The amount of bonus payable to Employee pursuant to this Section 3(e) shall be calculated in the manner set forth in Section 3(a) above through the end of the Consultancy Period. Employee hereby agrees that the Company may dismiss him terminate the Period of Employment under this Section 3(e) and subject to the provisions contained herein without regard (i) to any general or specific policies (whether written or oral) of the Company relating to the employment or termination of its employees, or (ii) to any statements made to Employee, whether made orally or contained in any documentdocument other than this Agreement, pertaining to Employee's relationship with the Company. During the Consultancy Period, Employee agrees not to compete with the business of the Company during such Consultancy Period as set forth in Section 3(i) hereof.

Appears in 1 contract

Samples: Employment Agreement (Bea Systems Inc)

At Will by the Company. At any time, the Company may terminate ---------------------- the Period of Employment for any reason, without causeCause, upon 24 hours written notice to the Employee. In the event the Company elects to terminate the Period of Employment pursuant to this Section 3(e), the Company shall retain Employee as a consultant to the Company for a period commencing on the date of such termination and continuing until the expiration of the Period of Employment (the "Consultancy Period"), during which time Employee agrees to be available to the Company (which may include availability via telephone) to consult with officers and directors regarding the business of the Company, whenever so requested, such consultancy work not to exceed 40 hours per week. Employee shall continue to receive payment of his compensation under Sections 2(a), 2(c) and 2(f) during the Consultancy Period and his benefits described in Section 2(e); provided that -------- ---- if (i) any of the events listed in paragraph (c) of this Section 3 occur then the Company's obligations hereunder shall be governed in accordance with the applicable paragraph or (ii) Employee breaches Sections 3(h), 3(i) and/or or 4 hereof, including a violation of his Proprietary Information and Inventions Agreement (described at in Section 4 below), then all of the Company's obligations hereunder shall cease immediately. The amount of bonus payable to Employee pursuant to this Section 3(e) shall be calculated in the manner set forth in Section 3(a) above through the end of the Consultancy Period. Employee hereby agrees that the Company may dismiss him under this Section 3(e) without regard (i) to any general or specific policies (whether written or oral) of the Company relating to the employment or termination of its employees, or (ii) to any statements made to Employee, whether made orally or contained in any document, pertaining to Employee's relationship with the Company. During the Consultancy Period, Employee agrees not to compete with the business of the Company during such Consultancy Period as set forth in Section 3(i) hereof.

Appears in 1 contract

Samples: Employment Agreement (Bea Systems Inc)

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At Will by the Company. At any time, the Company may terminate the ---------------------- the Period of Employment for any reason, without causeCause, upon 24 hours written notice to the Employee. In the event the Company elects to terminate the Period of Employment pursuant to this Section 3(e), the Company shall retain Employee as a consultant to the Company for a period commencing on the date of such termination and continuing until the expiration of the Period of Employment (the "Consultancy Period"), during which time Employee agrees to be available to the Company (which may include availability via telephone) to consult with officers and directors regarding the business of the Company, whenever so requested, such consultancy work not to exceed 40 hours per week. Employee shall continue to receive payment of his compensation under Sections 2(a), 2(c) and 2(f) during the Consultancy Period and his benefits described in Section 2(e); provided that -------- ---- if (i) any of the events listed in paragraph (c) of this Section 3 occur then the Company's obligations hereunder shall be governed in accordance with the applicable paragraph or (ii) Employee breaches Sections 3(h), 3(i) and/or or 4 hereof, including a violation of his Proprietary Information and Inventions Agreement (described at in Section 4 below), then all of the Company's obligations hereunder shall cease immediately. The amount of bonus payable to Employee pursuant to this Section 3(e) shall be calculated in the manner set forth in Section 3(a) above through the end of the Consultancy Period. Employee hereby agrees that the Company may dismiss him under this Section 3(e) without regard (i) to any general or specific policies (whether written or oral) of the Company relating to the employment or termination of its employees, or (ii) to any statements made to Employee, whether made orally or contained in any document, pertaining to Employee's relationship with the Company. During the Consultancy Period, Employee agrees not to compete with the business of the Company during such Consultancy Period as set forth in Section 3(i) hereof.or

Appears in 1 contract

Samples: Employment Agreement (Bea Systems Inc)

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