By Employer. With or without Cause (as defined below), Employer may terminate the employment of Employee at any time during the term of employment upon giving Notice of Termination (as defined below).
By Employer. In the event that Employee's employment pursuant to this Agreement shall be terminated by Employer for any reason whatsoever, other than for a material breach of this Agreement by Employee or gross negligence, bad faith or intentional misconduct, including but not limited to disability, during the lifetime of Employee and prior to expiration of the term of Employee's employment hereunder; then:
(i) during the remainder of the term of Employee's employment under this Agreement for a period not to exceed one year, Employer shall pay to Employee (or to Employee's Designated Beneficiary following Employee's death during such period) a lump sum payment in cash equal to the remaining Base Salary due Employees under this Agreement as set forth in Section 4(a) above; and
(ii) in addition to the foregoing, Employer shall pay to Employee, or his assignees, a lump sum payment in cash equal to one(1) time the annual Base Salary of Employee under this Agreement at the time of termination; and
(iii) to the extent Employee is eligible, he shall continue to be covered by all non-cash benefit plans of Employer except for the retirement plans or retirement programs in which Employee participates or any successor plans or programs in effect on the date of such termination, for eighteen months thereafter; provided, however, that if Employee should enter into employment with a competitor of Employer, Employee's participation in such non-cash benefit plans would cease. Thereafter, any and all retirement pension, 401K and health benefits which have been paid in or have accrued or vested in Employee's favor pursuant to Section 4 above shall be payable directly to Employee, or to a roll-over plan of Employee's choosing, as may be determined by Employee at his discretion; and
(iv) Employer agrees to provide Employee ten (10) days written notice for any termination arising under this section.
By Employer. Missoula County may terminate the employment relationship with Employee for good cause, or to execute a layoff or reduction in force based on lack of work, lack of funds, etc., under 39-31-303(3), MCA. Upon notice to the employee of termination, employee shall no longer be obligated to perform any functions on behalf of Missoula County and the relationship of Employee and Employer shall immediately terminate. Employer shall have no further obligation or responsibility to Employee and no further payments, benefits, or other entitlements set forth under this Agreement shall be due Employee, save and except for the payment for obligations and entitlements as may have accrued to Employee prior to the termination but remain unpaid as of the date of termination. Should a court of competent jurisdiction determine that the Employer did not have good cause to terminate the Employee, the sole and exclusive remedy shall be for the Employer to pay the Employee’s salary, as set forth in Exhibit B, for the remainder of the contract, as well as to pay the standard Employer contribution for group insurance benefits during this time period.
By Employer. The Board may terminate the Employee’s employment at any time immediately and without notice.
By Employer. Employer may terminate the Executive’s employment under this Agreement during the Employment Period for Cause or without Cause. “Cause” means:
By Employer. Employer may terminate Employee’s employment and this Agreement with or without Cause immediately on written notice to Employee. For purposes of this Agreement, “Cause” shall mean a good faith determination by Employer that any of the following has occurred: (i) any intentional misconduct by Employee in connection with Employer’s business or relating to Employee’s duties, or any willful violation of any laws, rules or regulations applicable to banks or the banking industry generally (including but not limited to the regulations of the Board of Governors of the Federal Reserve, the Federal Deposit Insurance Corporation (the “FDIC”), the State of Georgia Department of Banking and Finance, or any other applicable regulatory authority); (ii) Employee’s material failure to comply with Employer’s policies or guidelines of employment or corporate governance policies or guidelines, including, without limitation, any business code of ethics adopted by Employer; (iii) any act of fraud, misappropriation or embezzlement by Employee, whether or not such act was committed in connection with the business of Employer; (iv) a breach or threatened breach of this Agreement, including, without limitation, a breach of any of the obligations set forth in Section 6 hereof, that, if such breach is capable of being cured, is not cured by Employee within ten (10) days of written notice by Employer of the breach; or (v) the conviction by Employee of, or Employee’s pleading guilty or nolo contendere to, a felony or a crime involving moral turpitude (including pleading guilty or nolo contendere to a felony or lesser charge which results from plea bargaining), whether or not such felony, crime or lesser offense is connected with the business of Employer.
By Employer. EMPLOYER may terminate EXECUTIVE’s employment pursuant to this Agreement either: (a) upon thirty (30) days’ written notice to EXECUTIVE for any reason or for no reason, (b) at any time for Cause (as defined below), or (c) upon thirty (30) days’ written notice to EXECUTIVE in the event of EXECUTIVE’s Disability as defined below.
By Employer. For all services rendered by Employee hereunder, Employer shall (i) pay Employee a base annual salary, payable in equal monthly installments, one at the end of each monthly period, with the base annual salary presently in effect through December 31, 2007 being $215,855; (ii) include the Employee as a participant in the Employer’s salaried employees’ benefit programs and provide to Employee benefits under each such salaried employees’ benefit program that are no less favorable to Employee than the benefits that were provided to Employee under such benefit plan on May 31, 2007 (or would have been provided to Employee under such benefit plan as of May 31, 2007 if Employee had been employed by Employer and covered by such benefit plan on May 31, 2007), including but not limited to post retirement benefits; and (iii) provide Employee with the use of an automobile. Use of the automobile shall be subject to such rules and limitations as Employer may establish from time to time. Salary payments shall be subject to withholding and other applicable taxes. All compensation payable under the Executive Bonus Plans referred to in subparagraph (c) immediately below shall be included in the calculation of Employee’s retirement benefits. In addition to any other benefits that may apply to Employee, or that may be implemented during the term of this Agreement, Employer shall provide to Employee such additional life insurance on the life of Employee as shall be necessary to cause the aggregate of the life insurance provided by Employer on the life of Employee to equal not less than three and one-fourth (3¼) times Employee’s base salary, and the costs of all such life insurance aggregating three and one-fourth (3¼) times Employee’s base salary shall be borne 100% by Employer.
By Employer. Cause. Employer may, at any time during the Employment Period by action of its Board of Directors and upon notice to Executive, terminate the Employment Period "for cause" effective immediately. Such notice shall specify the cause for termination. For the purposes hereof, "for cause" means:
By Employer. Notwithstanding the foregoing, neither you nor Employer shall be prohibited from making statements in response to statements by the other party (or in your case, with respect to any Specified Executives) that criticize or ridicule or are disparaging or derogatory, provided that the responsive statements do not criticize or ridicule and are not disparaging or derogatory.
