Common use of At-Will Employment Clause in Contracts

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 79 contracts

Samples: Change of Control Severance Agreement (Quicklogic Corporation), Change of Control Severance Agreement (Formfactor Inc), Change of Control Severance Agreement (Impac Medical Systems Inc)

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At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s 's then existing employee benefit plans or policies at the time of termination.

Appears in 45 contracts

Samples: Retention Agreement (Netratings Inc), Control Severance Agreement (Somnus Medical Technologies Inc), Control and Severance Agreement (Raining Data Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, including (without limitation) any termination prior to a Change of Control, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans and practices or policies at pursuant to other agreements with the time of terminationCompany.

Appears in 25 contracts

Samples: Change of Control Severance Agreement (Harmonic Inc), Change of Control Severance Agreement (Harmonic Inc), Change of Control Severance Agreement (Harmonic Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing established employee benefit plans and practices or policies at in accordance with other agreements between the time of terminationCompany and the Employee.

Appears in 15 contracts

Samples: Employment Severance Agreement (Tandem Diabetes Care Inc), Employment Severance Agreement (Tandem Diabetes Care Inc), Employment Severance Agreement (Tandem Diabetes Care Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-“at will, ,” as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination. The Employee is not waiving any rights that he may have under applicable governing law.

Appears in 10 contracts

Samples: Executive Retention Agreement (GlassHouse Technologies Inc), Executive Retention Agreement (GlassHouse Technologies Inc), Executive Retention Agreement (GlassHouse Technologies Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or and as may otherwise be established under available in accordance with the Company’s then existing established employee benefit plans or and policies at the time of termination.

Appears in 10 contracts

Samples: Retention Agreement (Neophotonics Corp), Retention Agreement (Neophotonics Corp), Retention Agreement (Neophotonics Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, including (without limitation) any termination prior to a Change of Control, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing established employee benefit plans and practices or policies at pursuant to other agreements with the time of terminationCompany.

Appears in 9 contracts

Samples: Control Severance Agreement (Harmonic Inc), Control Severance Agreement (Harmonic Inc), Control Severance Agreement (Harmonic Inc)

At-Will Employment. The Company and the Employee acknowledge that subject to the provisions of this Agreement, the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 9 contracts

Samples: Termination Severance Agreement (Utstarcom Inc), Termination Severance Agreement (Utstarcom Inc), Severance Agreement (Utstarcom Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, Agreement or the Existing Agreement or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 8 contracts

Samples: Change of Control Severance Agreement (Xoma LTD /De/), Change of Control Severance Agreement (XOMA Corp), Change of Control Severance Agreement (Xoma LTD /De/)

At-Will Employment. The Company and the Employee acknowledge that While this Agreement is in effect, the Employee’s 's employment is and with the Company shall continue to be at-willwill and, as defined under applicable law. If such, may be terminated by the Employee’s employment terminates Employee or the Company at any time, for any reasonreason and with or without advance notice, the Employee shall not be entitled subject to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination's severance obligations set forth herein.

Appears in 8 contracts

Samples: Key Employee Retention Agreement (Acelity L.P. Inc.), Key Employee Retention Agreement (Acelity L.P. Inc.), Key Employee Retention Agreement (Acelity L.P. Inc.)

At-Will Employment. The Company and the Employee acknowledge that the ------------------ Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s 's then existing employee benefit plans or policies at the time of termination.

Appears in 8 contracts

Samples: Change of Control Agreement (Therasense Inc), Control Severance Agreement (E Stamp Corp), Control Severance Agreement (Lynuxworks Inc)

At-Will Employment. The Company Corporation and the Employee acknowledge that the Employee’s 's employment is at will and shall continue to may be at-will, as defined under applicable law. If the Employee’s employment terminates terminated at any time and for any reason, with or without notice. On termination of the Employee's employment, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be available in accordance with the Corporation's established under the Company’s then existing employee benefit plans or and policies at the time of termination.

Appears in 8 contracts

Samples: Chief Executive Change of Control Agreement (Quantum Corp /De/), Chief Executive Change of Control Agreement (Quantum Corp /De/), Officer Change of Control Agreement (Quantum Corp /De/)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment with the Company is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any or no reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s or the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 7 contracts

Samples: Change of Control Severance Agreement (Logitech International Sa), Change of Control Severance Agreement (Zagg INC), Change of Control Severance Agreement (Logitech International Sa)

At-Will Employment. The Company and the Employee acknowledge that the ------------------ Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans and practices or policies other agreements with the Company at the time of termination.

Appears in 7 contracts

Samples: Employment Agreement (Notify Corp), Employment Agreement (Notify Corp), Employment Agreement (Notify Corp)

At-Will Employment. The Company Corporation and the Employee acknowledge that the Employee’s employment is at will and shall continue to may be at-willterminated at any time and for any reason, as defined under applicable lawwith or without notice. If On termination of the Employee’s employment terminates for any reasonemployment, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be available in accordance with the Corporation’s established under the Company’s then existing employee benefit plans or and policies at the time of termination.

Appears in 7 contracts

Samples: Executive Change of Control Agreement (Quantum Corp /De/), Officer Change of Control Agreement (Quantum Corp /De/), Change of Control Agreement (Quantum Corp /De/)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, this Agreement shall not entitle the Employee shall not be entitled to any paymentspayment, benefitsbenefit, damagesdamage, awards award or compensation other than as specifically provided by this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 6 contracts

Samples: Change of Control Agreement (Gadzoox Networks Inc), Change of Control Agreement (Gadzoox Networks Inc), Change of Control Agreement (Gadzoox Networks Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, including (without limitation) any termination prior to a Change of Control, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing 's written employee benefit plans or policies at pursuant to other written agreements with the time of terminationCompany.

Appears in 6 contracts

Samples: Management Retention Agreement (Bell Microproducts Inc), Management Retention Agreement (Bell Microproducts Inc), Management Retention Agreement (Bell Microproducts Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards award or compensation other than as provided by in this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing employee benefit 's established written plans or and written policies at the time of termination.

Appears in 5 contracts

Samples: Employment Agreement (Visual Numerics Inc), Employment Agreement (Visual Numerics Inc), Employment Agreement (Visual Numerics Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, ,” as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, pursuant to the terms of any incentive award agreement or as may otherwise be established under the Company’s then existing employee benefit plans plan or policies at the time of terminationrequired under applicable law.

Appears in 5 contracts

Samples: Change in Control and Severance Agreement (XPO Logistics, Inc.), Change in Control and Severance Agreement (XPO, Inc.), Change in Control and Severance Agreement (XPO, Inc.)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is at will and shall continue to may be at-willterminated at any time and for any reason, as defined under applicable lawwith or without notice. If On termination of the Employee’s employment terminates for any reasonemployment, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing established employee benefit plans or and policies at the time of termination.

Appears in 5 contracts

Samples: Change in Control Agreement (Qad Inc), Change in Control Agreement (Qad Inc), Change in Control Agreement (Qad Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-at will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans or and policies at the time of termination.

Appears in 5 contracts

Samples: Employment Agreement (Plantronics Inc /Ca/), Employment Agreement (Plantronics Inc /Ca/), Employment Agreement (Plantronics Inc /Ca/)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this AgreementAgreement or required by applicable law, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 4 contracts

Samples: Retention and Incentive Agreement (Adventrx Pharmaceuticals Inc), Retention and Incentive Agreement (Adventrx Pharmaceuticals Inc), Retention and Incentive Agreement (Adventrx Pharmaceuticals Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing established employee benefit plans and practices or policies other agreements with the Company at the time of termination.

Appears in 4 contracts

Samples: Employment Agreement (Notify Technology Corp), Employment Agreement (Notify Technology Corp), Employment Agreement (Notify Technology Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, including (without limitation) any termination prior to a Change of Control, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing 's written employee benefit plans or policies at pursuant to other written agreements with the time of terminationCompany.

Appears in 4 contracts

Samples: Management Retention Agreement (Bell Microproducts Inc), Management Retention Agreement (Bell Microproducts Inc), Management Retention Agreement (Bell Microproducts Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, ,” as defined under applicable law. If the Employee’s employment terminates for any lawful reason, including (without limitation) any termination prior to a Change of Control, the Employee shall not be entitled to any contractual payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing established employee benefit plans or policies at pursuant to other written agreements with the time of terminationCompany.

Appears in 4 contracts

Samples: Change of Control Severance Agreement (Chalone Wine Group LTD), Change of Control Severance Agreement (Chalone Wine Group LTD), Change of Control Severance Agreement (Chalone Wine Group LTD)

At-Will Employment. The Company and the Employee acknowledge agree that the Employee’s employment with the Company is and shall continue to be at-will, ” and may be terminated at any time with or without cause or notice by either the Company or Employee. No provision of this Agreement shall be construed as defined under applicable law. If the Employee’s employment terminates for any reason, the conferring upon Employee shall not be entitled a right to any payments, benefits, damages, awards or compensation other than continue as provided by this Agreement, or as may otherwise be established under an employee of the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 3 contracts

Samples: Severance Agreement (Digirad Corp), Severance Agreement (Digirad Corp), Employment Agreement (Tvia Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law, and that Employee’s employment with the Company may be terminated by either party at any time for any or no reason. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards award or compensation other than as provided in this Agreement or otherwise agreed to by this Agreement, the Company or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of terminationprovided by applicable law.

Appears in 3 contracts

Samples: Employment Agreement (Apricus Biosciences, Inc.), Employment Agreement (Apricus Biosciences, Inc.), Employment Agreement (Apricus Biosciences, Inc.)

At-Will Employment. The Company and the Employee acknowledge that subject to the provisions of this Agreement, the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s 's then existing employee benefit plans or policies at the time of termination.

Appears in 3 contracts

Samples: Severance Agreement (Utstarcom Inc), Change of Control Severance Agreement (Utstarcom Inc), Control Severance Agreement (Utstarcom Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or and as may otherwise be established under available in accordance with the Company’s then existing established employee benefit plans or and policies at the time of termination.. NeoPhotonics Corporation Confidential Information

Appears in 3 contracts

Samples: Severance Rights Agreement (Neophotonics Corp), Severance Rights Agreement (Neophotonics Corp), Severance Rights Agreement (Neophotonics Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reasonreason prior to a Change of Control, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as the benefits provided by this Agreement, or as may any other benefits unless otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans and practices or policies at pursuant to other agreements with the time of terminationCompany.

Appears in 3 contracts

Samples: Key Employee Retention Agreement (Pets Com Inc), Key Employee Retention Agreement (Pets Com Inc), Change of Control Agreement (Pets Com Inc)

At-Will Employment. The Your employment with the Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, will as defined under applicable law, meaning that either you or the Company may terminate your employment relationship at any time, with or without cause and with or without advance notice. If the Employee’s your employment terminates for any reasonreason following a Change in Control, the Employee you shall not be entitled to any payments, benefits, damages, awards award or compensation other than as provided required by law, as set forth in this Agreement, or as may otherwise be established under pursuant to the Company’s then existing employee benefit plans or policies in place at the time of terminationthe termination (to the extent applicable).

Appears in 3 contracts

Samples: Leadis Technology Inc, Leadis Technology Inc, Leadis Technology Inc

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, including (without limitation) any termination prior to a Change of Control, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans or and policies at the time of termination.

Appears in 3 contracts

Samples: Management Continuity Agreement (Usweb Corp), Management Continuity Agreement (Usweb Corp), Management Continuity Agreement (Usweb Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, including (without limitation) any termination prior to a Change of Control, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, Agreement or as may otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans and practices or policies at pursuant to other agreements with the time of terminationCompany.

Appears in 3 contracts

Samples: Control Severance Agreement (Sync Research Inc), Control Severance Agreement (Sync Research Inc), Control Severance Agreement (Sync Research Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, including (without limitation) any termination prior to a Change of Control, the Employee shall not be entitled to any payments, payments or benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the terms of the Company’s 's then existing employee benefit plans or and written policies in effect at the time of termination.. The terms of this Agreement shall terminate upon the earlier of

Appears in 3 contracts

Samples: Change of Control Agreement (Aclara Biosciences Inc), Change of Control Agreement (Aclara Biosciences Inc), Change of Control Agreement (Aclara Biosciences Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing established employee benefit plans and practices or policies other agreements with the Company at the time of termination.

Appears in 3 contracts

Samples: Change of Control Agreement (Pro Dex Inc), Change of Control Agreement (Pro Dex Inc), Change of Control Agreement (Pro Dex Inc)

At-Will Employment. The Company and the Employee acknowledge that the ------------------ Employee’s 's employment is and shall continue to be for no specified duration ("at-will, ," as defined under applicable law) and may be terminated at any time by either party. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s 's then existing employee benefit plans or policies at the time of termination.

Appears in 3 contracts

Samples: Employment Agreement (Applied Imaging Corp), Employment Agreement (Applied Imaging Corp), Employment Agreement (Applied Imaging Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to will be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the including (without limitation) any termination prior to a Change of Control, Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans and practices or policies at pursuant to other agreements with the time of terminationCompany.

Appears in 3 contracts

Samples: Evans Employment Agreement (Computer Access Technology Corp), Employment Agreement (Computer Access Technology Corp), Employment Agreement (Computer Access Technology Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, including (without limitation) any termination prior to a Change of Control, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans and practices or policies at pursuant to other agreements with the time of terminationCompany.

Appears in 2 contracts

Samples: Change of Control Agreement (Netcentives Inc), Control Severance Agreement (Unwired Planet Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the including (without limitation) any termination prior to a Change of Control, Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, Agreement or as may otherwise be established under available in accordance with the Company’s then existing established employee benefit plans or policies at the time of terminationplans.

Appears in 2 contracts

Samples: Involuntary Termination Severance Agreement (Fusion-Io, Inc.), Involuntary Termination Severance Agreement (Fusion-Io, Inc.)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, ,” as defined or interpreted under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing established employee benefit plans and practices or policies at in accordance with other agreements between the time of terminationCompany and the Employee.

Appears in 2 contracts

Samples: Change of Control Agreement (Sunworks, Inc.), Change of Control Agreement (Sunworks, Inc.)

At-Will Employment. The Company and the Employee acknowledge that the ------------------ Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans or and policies at the time of termination.

Appears in 2 contracts

Samples: Captura Software Inc, Captura Software Inc

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans and practices or policies other agreements with the Company at the time of termination.

Appears in 2 contracts

Samples: Employment Agreement (Notify Technology Corp), Employment Agreement (Notify Technology Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law, and that Employee’s employment with the Company may be terminated by either party at any time for any or no reason. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation benefits other than as provided by in this Agreement, Agreement or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of terminationapplicable law.

Appears in 2 contracts

Samples: Employment Agreement (Omeros Corp), Employment Agreement (Omeros Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, including (without limitation) any termination prior to a Change of Control, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans or policies at pursuant to other written agreements with the time of terminationCompany.

Appears in 2 contracts

Samples: Control Severance Agreement (New Era of Networks Inc), Control Severance Agreement (New Era of Networks Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-willwill and may be terminated at any time by either party, with or without cause or prior notice, and the fact that any such termination may, under certain circumstances, give rise to certain obligations as defined under applicable law. If set forth herein shall not impact the at-will status of the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of terminationemployment.

Appears in 2 contracts

Samples: Employment Agreement (Nuverra Environmental Solutions, Inc.), Employment Agreement (Nuverra Environmental Solutions, Inc.)

At-Will Employment. The Company and the Employee you acknowledge that the Employee’s your employment is and shall will continue to be at-will, as defined under applicable law, which means that either the Company or you may terminate your employment with the Company at any time and for any reason, with or without cause or notice. If the Employee’s your employment terminates for any reason, the Employee shall you will not be entitled to any payments, separation payments or benefits, damages, awards or compensation other than as provided by this Retention Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 2 contracts

Samples: Separation Agreement and Release (Vivus Inc), Separation Agreement and Release (Vivus Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reasonreason prior to, and not in connection with, a Change of Control, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as the benefits provided by this Agreement, or as may any other benefits unless otherwise be established under available in accordance with the Company’s then existing established employee benefit plans and practices or policies at pursuant to other agreements with the time of terminationCompany.

Appears in 2 contracts

Samples: Key Employee Retention Agreement (Claria Corp), Key Employee Retention Agreement (Claria Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans and practices or policies other agreements with the Company at the time of termination.

Appears in 2 contracts

Samples: Control and Severance Agreement (Gadzoox Networks Inc), Control and Severance Agreement (Gadzoox Networks Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, including (without limitation) any termination prior to a Change of Control, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans and practices or policies at pursuant to other agreements with the time of terminationCompany. 2 3.

Appears in 2 contracts

Samples: Control Severance Agreement (Harmonic Lightwaves Inc), Control Severance Agreement (Harmonic Lightwaves Inc)

At-Will Employment. The Company Employer and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law, and that Employee’s employment with Employer may be terminated by either party at any time for any or no reason, with or without notice. If the If’ Employee’s employment terminates for any reasonreason during the Term, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by in this Agreement, Agreement or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of terminationrequired by applicable law.

Appears in 2 contracts

Samples: Change in Control Agreement (Southern California Bancorp \ CA), Change in Control Agreement (Southern California Bancorp \ CA)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or plans, agreements and policies at the time of termination.

Appears in 2 contracts

Samples: Change of Control Agreement (DCB Financial Corp), Change of Control Agreement (Alliance Financial Corp /Ny/)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, Agreement or as may otherwise be established under the Company’s then existing employee other written Company benefit plans or policies at the time of terminationplans.

Appears in 2 contracts

Samples: Company Confidential (Wordcruncher Internet Technologies), Executive Employment Agreement (Wordcruncher Internet Technologies)

At-Will Employment. The Employee acknowledges that his employment remains at-will and that as an at-will employee, Employee’s services may be terminated with or without cause by the Company and or by the Employee acknowledge that at any time upon written notice to the Employee’s employment is and shall continue to be at-willother Party of any termination of employment, as defined under applicable unless otherwise required by state law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 2 contracts

Samples: Employment Agreement (Xtant Medical Holdings, Inc.), Employment Agreement (Xtant Medical Holdings, Inc.)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as otherwise also may otherwise be established under the Company’s 's then existing employee benefit plans or policies at the time of termination.

Appears in 2 contracts

Samples: Release of Claims Agreement (Engenio Information Technologies, Inc.), Release of Claims Agreement (Engenio Information Technologies, Inc.)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment Employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment Employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as otherwise also may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 1 contract

Samples: Release of Claims Agreement (Lsi Logic Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-willat will at all times during Employee’s employment, as defined under applicable lawwhich means that either the Employee or the Company can terminate the employment relationship at any time, with or without cause, and with or without advance notice. If the Employee’s at will employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement or by the Employee’s Executive Employment Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 1 contract

Samples: Change of Control Severance Agreement (Ista Pharmaceuticals Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, as required under applicable law or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 1 contract

Samples: Severance Agreement (Xenogen Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall will continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall will not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 1 contract

Samples: Change of Control and Severance Agreement (Ev3 Inc.)

At-Will Employment. The Company and the Employee acknowledge that the ------------------ Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, including (without limitation) any termination prior to a Change of Control, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans and practices or policies at pursuant to other agreements with the time of terminationCompany.

Appears in 1 contract

Samples: Management Retention Agreement (Seagate Technology Holdings)

At-Will Employment. (a) The Company and the employment of Employee acknowledge that the Employee’s employment is and shall continue to be at-will. The Employee or Company may terminate Employee's employment at any time, as defined under applicable law. If the Employee’s employment terminates without any advance notice, for any or no reason, notwithstanding anything to the Employee shall not be entitled contrary contained in or arising from any statements, policies or practices of the Company relating to any paymentsthe employment, benefits, damages, awards or compensation other than as provided by this Agreementdiscipline, or as may otherwise be established termination of its employees. Upon and after such termination, all obligations of the Company under the Company’s then existing employee benefit plans or policies at the time of terminationthis Agreement shall cease.

Appears in 1 contract

Samples: Employment Agreement (Victory Energy Corp)

At-Will Employment. The Company and the Employee acknowledge that the ------------------ Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the including (without limitation) any termination prior to a Change of Control, Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans and practices or policies at pursuant to other agreements with the time of terminationCompany.

Appears in 1 contract

Samples: Change of Control Agreement (International Network Services)

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At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, including (without limitation) any termination prior to a Change of Control, the Employee shall not be entitled to any payments, benefits, damages, awards awards, or compensation other than as provided by this Agreement, Agreement or as may otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans and practices or policies at pursuant to other agreements with the time of terminationCompany.

Appears in 1 contract

Samples: Management Continuity Agreement (Actel Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to will be at-will, as defined under applicable law, and that Employee’s employment with the Company may be terminated by either party at any time for any or no reason. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards award or compensation other than as provided in this Agreement or otherwise agreed to by this Agreement, the Company or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of terminationprovided by applicable law.

Appears in 1 contract

Samples: Employment Agreement (Apricus Biosciences, Inc.)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reasonreason not in connection with a Change of Control, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by under Section 3(b) of this Agreement, Agreement but may be entitled to payments or as may otherwise be established under benefits in accordance with the Company’s then existing other established employee benefit plans and practices or policies at pursuant to other agreements with the time of terminationCompany.

Appears in 1 contract

Samples: Change of Control Severance Agreement (Openwave Systems Inc)

At-Will Employment. Employee understands and agrees that Employee is and will continue to be an at-will employee of the Company. The Company and reserves the Employee acknowledge that the right to terminate Employee’s employment is and shall continue to be at-willat any time with or without cause or prior notice, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than except as provided by this Agreement, or as may otherwise be established under in the Company’s then existing employee benefit plans or policies at the time of terminationSeverance Plan.

Appears in 1 contract

Samples: : Retention Agreement (E2open Parent Holdings, Inc.)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any paymentscompensation, benefits, damages, awards benefits or compensation payments other than as provided by this AgreementAgreement or that Offer Letter dated June 19, 1997 between the Company and the Employee (the “Offer Letter”), as applicable, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 1 contract

Samples: Change of Control Option Acceleration Agreement (Synplicity Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, including (without limitation) any termination prior to, and not in connection with, a Change of Control, the Employee shall not be entitled to any payments, payments or benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with applicable law and the terms of the Company’s then existing established employee benefit plans or and written policies at the time of termination.

Appears in 1 contract

Samples: Change of Control Agreement (Covad Communications Group Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason or no reason, the Employee shall not be entitled to any paymentscompensation, benefits, damages, awards or compensation other than payments in respect of such termination, except as provided by in this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 1 contract

Samples: Severance Agreement (TTM Technologies Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any paymentscompensation, benefits, damages, awards benefits or compensation payments other than as provided by this AgreementAgreement or that Offer Letter dated October 1, 1998 between the Company and the Employee (the “Offer Letter”), as applicable, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 1 contract

Samples: Change of Control Option Acceleration Agreement (Synplicity Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is is, and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reasonreason other than an Involuntary Termination following a Change of Control, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as except for those payments that may otherwise be established under available in accordance with the Company’s then existing established employee benefit plans and practices or policies at pursuant to other agreements with the time of terminationCompany.

Appears in 1 contract

Samples: Control Severance Agreement (Pyr Energy Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any paymentscompensation, benefits, damages, awards benefits or compensation payments other than as provided by this AgreementAgreement or that Offer Letter dated April 17, 1998 between the Company and the Employee (the “Offer Letter”), as applicable, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 1 contract

Samples: Change of Control Option Acceleration Agreement (Synplicity Inc)

At-Will Employment. The Company and the Employee acknowledge that ------------------ the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, including (without limitation) any termination prior to a Change of Control, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans and practices or policies at pursuant to other agreements with the time of terminationCompany.

Appears in 1 contract

Samples: Management Retention Agreement (Seagate Technology Holdings)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's ------------------ employment is and shall continue to be at-will, as defined under applicable law, and that Employee's employment with the Company may be terminated by either party at any time for any or no reason, with or without Cause. If the Employee’s 's employment terminates for any or no reason, the Employee shall not be entitled to any payments, benefits, damages, awards award or compensation other than as provided by in this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 1 contract

Samples: Employment Agreement (Stamps Com Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-at will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 1 contract

Samples: Change of Control Agreement (Repeater Technologies Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law, except as may otherwise be specifically provided under the terms of any written formal employment agreement or offer letter between the Company and the Employee (an “Employment Agreement”). If the Employee’s employment terminates for any reason, including (without limitation) any termination prior to a Change of Control, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.,

Appears in 1 contract

Samples: Change of Control Severance Agreement (Business Objects S.A.)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is at will and shall continue to may be at-will, as defined under applicable law. If the Employee’s employment terminates terminated at any time and for any reason, with or without notice. On termination of the Employee's employment, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans or and policies at the time of termination.

Appears in 1 contract

Samples: Employee Retention Agreement (Qad Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reasonreason prior to a Change of Control, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as the benefits provided by this Agreement, or as may any other benefits unless otherwise be established under available in accordance with the Company’s then existing established employee benefit plans and practices or policies at pursuant to other agreements with the time of terminationCompany.

Appears in 1 contract

Samples: Change of Control Agreement (Seattle Genetics Inc /Wa)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law, and may be terminated by either party at any time, with or without cause. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to including (without limitation) any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.termination more than

Appears in 1 contract

Samples: Management Retention Agreement (3com Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any paymentscompensation, benefits, damages, awards benefits or compensation payments other than as provided by this AgreementAgreement or that Offer Letter dated December 3, 1997 between the Company and the Employee (the “Offer Letter”), as applicable, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 1 contract

Samples: Change of Control Option Acceleration Agreement (Synplicity Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-at will, as defined under applicable law. If the Employee’s employment terminates for , and may be terminated by either party at any reasontime, the Employee shall not be entitled to any payments, benefits, damages, awards with or compensation other than as provided by this Agreement, without cause or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of terminationnotice.

Appears in 1 contract

Samples: Management Retention Agreement (Palm Inc)

At-Will Employment. The Company and the Employee acknowledge agree that the Employee’s 's employment is and shall continue to be at-at will, as defined under applicable lawand that their employment relationship may be terminated by either party at any time, with or without cause. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 1 contract

Samples: Severance and Change of Control Agreement (General Magic Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reasonreason prior to a Change of Control, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as the benefits provided by this Agreement, or as may any other benefit unless otherwise be established under available in accordance with the Company’s then existing established employee benefit plans and practices or policies at pursuant to other agreements with the time of terminationCompany.

Appears in 1 contract

Samples: Key Employee Retention Agreement (Claria Corp)

At-Will Employment. The Company and the Employee acknowledge that that, notwithstanding the foregoing, Employee’s employment is and shall will continue to be at-will, as defined under applicable law. If As an at-will employee, either the Employee’s Company or the Employee may terminate the employment terminates for relationship at any reasontime, with or without cause; provided, however, that in connection with such termination, the Company will provide Employee shall not be entitled with any applicable benefits under Section 2 to any paymentswhich Employee is entitled, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under all in accordance with the Company’s then existing employee benefit plans or policies at the time of terminationterms and conditions thereof.

Appears in 1 contract

Samples: Change in Control Agreement (Accuray Inc)

At-Will Employment. The Company Corporation and the Employee acknowledge that the Employee’s employment is at will and shall continue to may be at-willterminated at any time and for any reason, as defined under applicable lawwith or without notice. If On termination of the Employee’s employment terminates for any reasonemployment, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Amended Agreement, or as may otherwise be available in accordance with the Corporation’s established under the Company’s then existing employee benefit plans or and policies at the time of termination.

Appears in 1 contract

Samples: Change of Control Agreement (Quantum Corp /De/)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates is terminated for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, expressly set forth herein or as may otherwise be established under available in accordance with the Company’s then existing established employee benefit plans or policies at the time of terminationand practices.

Appears in 1 contract

Samples: Employment Agreement (Emphasys Medical, Inc.)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s 's then existing employee benefit plans or policies at the time of termination. The Employee is not waiving any rights that he/she may have under the applicable governing law.

Appears in 1 contract

Samples: Change of Control Severance Agreement (Viant Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the including (without limitation) a termination prior to a Change of Control (other than a termination in anticipation of a Change of Control), Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.provided

Appears in 1 contract

Samples: Management Retention Agreement (C Cube Microsystems Inc/De)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s company's then existing employee benefit plans or policies at the time of termination.

Appears in 1 contract

Samples: Change of Control Severance Agreement (Remec Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reasonreason prior to a Change of Control or prior to and not in connection with a Liquidation, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as the benefits provided by this Agreement, or as may any other benefits unless otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans and practices or policies at pursuant to other agreements with the time of terminationCompany.

Appears in 1 contract

Samples: Employee Retention Agreement (Pets Com Inc)

At-Will Employment. The Company Corporation and the Employee acknowledge that ------------------ the Employee’s 's employment is at will and shall continue to may be at-will, as defined under applicable law. If the Employee’s employment terminates terminated at any time and for any reason, with or without notice. On termination of the Employee's employment, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be available in accordance with the Corporation's established under the Company’s then existing employee benefit plans or and policies at the time of termination.

Appears in 1 contract

Samples: Change of Control Agreement (Quantum Corp /De/)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans and practices or policies other agreements with the Company at the time of termination.

Appears in 1 contract

Samples: Employment Agreement (Notify Technology Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any paymentscompensation, benefits, damages, awards benefits or compensation payments other than as provided by this AgreementAgreement or that Offer Letter dated July 20, 2004 between the Company and the Employee (the “Offer Letter”), as applicable, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 1 contract

Samples: Change of Control Option Acceleration Agreement (Synplicity Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of terminationtermination or under the offer letter agreement between the Employee and the Company dated August 30, 2006 (the “Offer Letter”).

Appears in 1 contract

Samples: Control Severance Agreement (Genesis Microchip Inc /De)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates will and may be terminated at any time and for any reason, with or without notice. On termination of Employee’s employment with the Company, Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing established employee benefit plans or and policies at the time of termination.

Appears in 1 contract

Samples: Change of Control Agreement (Ithaka Acquisition Corp)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law, and that Employee's employment with the Company may be terminated by either party at any time for any or no reason, with or without Cause. If the Employee’s 's employment terminates for any or no reason, the Employee shall not be entitled to any payments, benefits, damages, awards award or compensation other than as provided by in this Agreement, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 1 contract

Samples: Employment Agreement (Dna Sciences Inc)

At-Will Employment. The Notwithstanding anything to the contrary in this Agreement, Employee's employment with the Company and the Employee acknowledge that the Employee’s employment is is, and shall continue to be remain at all times, "at-will, as defined under applicable law. If "; the Company may terminate Employee’s 's employment terminates at any time for any reason and Employee may terminate employment at any time for any reason or for no reason. In the case of any termination, the Company shall have no further obligation to Employee shall not be entitled except to any payments, benefits, damages, awards or pay Employee compensation other than as provided by this Agreement, or as may otherwise be established under for his work only through the last day Employee actually works for Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 1 contract

Samples: Employment and Arbitration Agreement

At-Will Employment. The Company and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any paymentscompensation, benefits, damages, awards benefits or compensation payments other than as provided by this AgreementAgreement or that Letter of Promotion dated September 20, 2004 between the Company and the Employee (the “Offer Letter”), as applicable, or as may otherwise be established under the Company’s then existing employee benefit plans or policies at the time of termination.

Appears in 1 contract

Samples: Control Option Acceleration Agreement (Synplicity Inc)

At-Will Employment. The Company and the Employee acknowledge that the Employee’s 's employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s 's employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under available in accordance with the Company’s then existing 's established employee benefit plans and practices or policies other agreements with the Company at the time of termination.. EXHIBIT 10.16

Appears in 1 contract

Samples: Employment Agreement (Notify Technology Corp)

At-Will Employment. The Company Employer and the Employee acknowledge that the Employee’s employment is and shall continue to be at-will, as defined under applicable law. If the Employee’s employment terminates for any reason, the Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, Agreement or as may otherwise be established under the CompanyEmployer’s then existing employee benefit plans or policies at the time of termination.

Appears in 1 contract

Samples: Change in Control Agreement (Mobility Electronics Inc)

At-Will Employment. The Company and the Employee acknowledge parties reaffirm that the Employee’s employment with the Company is and shall continue to be at-will” and may be terminated at any time with or without cause or notice. Employee understands and agrees that neither his job performance nor promotions, commendations, bonuses or the like from the Company give rise to or in any way serve as the basis for modification, amendment, or extension, by implication or otherwise, of his employment with the Company. However, as defined under applicable law. If the Employee’s employment terminates for any reasondescribed in this Agreement, the Employee shall not may be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, or as may otherwise be established under severance benefits depending upon the Companycircumstances of Employee’s then existing employee benefit plans or policies at the time termination of terminationemployment.

Appears in 1 contract

Samples: Employment Agreement (Osteologix, Inc.)

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