Common use of Compensation During Dispute Clause in Contracts

Compensation During Dispute. If a purported termination occurs following a Change in Control and during the Term and the Date of Termination is extended in accordance with Section 7.3 hereof, the Company shall continue to pay the Executive the full compensation in effect when the notice giving rise to the dispute was given (including, but not limited to, salary) and continue the Executive as a participant in all compensation, benefit and insurance plans in which the Executive was participating when the notice giving rise to the dispute was given or those plans in which the Executive was participating immediately prior to the first occurrence of an event or circumstance giving rise to the Notice of Termination, if more favorable to the Executive, until the Date of Termination, as determined in accordance with Section 7.3 hereof. Amounts paid under this Section 7.4 are in addition to all other amounts due under this Agreement (other than those due under Section 5.2 hereof) and shall not be offset against or reduce any other amounts due under this Agreement.

Appears in 12 contracts

Samples: Severance Agreement (Baker Hughes Inc), Severance Agreement (Baker Hughes Inc), Severance Agreement (Baker Hughes Inc)

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Compensation During Dispute. If a purported termination occurs following a Change in Control and during the Term Term, and the Date of Termination such termination is extended disputed in accordance with Section 7.3 hereofabove, the Company shall continue to pay the Executive the full compensation (including, without limitation, Annual Base Salary and Annual Bonus) in effect at the time of any related Potential Change in Control or when the notice giving rise to the dispute was given (including, but not limited to, salarywhichever is greater) and continue the Executive as a participant in all compensation, incentive, pension and welfare benefit and insurance plans in which the Executive was participating at the time of any Potential Change in Control or when the notice giving rise to the dispute was given or those plans in which the Executive was participating immediately prior to the first occurrence of an event or circumstance giving rise to the Notice of Terminationgiven, if more favorable to the Executivewhichever is greater, until the Date of Termination, as determined dispute is finally resolved in accordance with Section 7.3 hereof. Amounts paid under this Section 7.4 are in addition to all other amounts due under this Agreement (other than those due under Section 5.2 hereof) and shall not be offset against or reduce any other amounts due under this AgreementAgreement or any other plan, agreement or arrangement.

Appears in 9 contracts

Samples: Agreement (Interstate Power Co), Agreement (Interstate Power Co), Agreement (Interstate Power Co)

Compensation During Dispute. If a purported termination of employment occurs following a Change in Control and during the Term of this Agreement and the Employment Termination Date of Termination is extended in accordance with Section 7.3 hereof5.3, the Company shall continue to pay the Executive the full compensation Base Compensation in effect when the notice giving rise to the dispute was given (includinggiven. The Company shall pay any such compensation to the Executive at the applicable times specified in Section 9.7. To the extent legally permissible, but not limited to, salary) and the Company shall also continue the Executive as a participant in all compensation, benefit and insurance plans in which the Executive was participating when the notice giving rise to the dispute was given or those plans in which the Executive was participating immediately prior to the first occurrence of an event or circumstance giving rise to the Notice of Termination, if more favorable to the Executive, until the Date of TerminationEmployment Termination Date, as determined in accordance with Section 7.3 hereof5.3. Amounts paid under this Section 7.4 are in addition to all other amounts due under this Agreement (other than those due under Section 5.2 hereof) and shall not be offset against or reduce any other amounts due under this Agreement.

Appears in 5 contracts

Samples: Change in Control Agreement (Furmanite Corp), Change in Control Agreement (Furmanite Corp), Change in Control Agreement (Furmanite Corp)

Compensation During Dispute. If a purported termination occurs following a Change in Control and during the Term of this Agreement and the Employment Termination Date of Termination is extended in accordance with Section 7.3 hereof5.3, the Company shall continue to pay the Executive the full compensation in effect when the notice giving rise to the dispute was given (including, but not limited to, salary) and continue the Executive as a participant in all compensation, benefit and insurance plans in which the Executive was participating when the notice giving rise to the dispute was given or those plans in which the Executive was participating immediately prior to the first occurrence of an event or circumstance giving rise to the Notice of Termination, if more favorable to the Executive, until the Date of TerminationEmployment Termination Date, as determined in accordance with Section 7.3 hereof5.3. Amounts paid under this Section 7.4 are in addition to all other amounts due under this Agreement (other than those due under Section 5.2 hereof) and shall not be offset against or reduce any other amounts due under this Agreement.

Appears in 5 contracts

Samples: Change in Control Agreement (Xanser Corp), Change in Control Agreement (Xanser Corp), Change in Control Agreement (Xanser Corp)

Compensation During Dispute. If a purported termination of employment occurs following a Change in of Control and during the Term of this Agreement and the Employment Termination Date of Termination is extended in accordance with Section 7.3 hereof5.3, the Company shall continue to pay the Executive Executive, at the time specified in Section 4, the full compensation in effect when the notice giving rise to the dispute was given (including, but not limited to, salary) and continue the Executive as a participant in all compensation, benefit and insurance plans in which the Executive was participating when the notice giving rise to the dispute was given or those plans in which the Executive was participating immediately prior to the first occurrence of an event or circumstance giving rise to the Notice of Termination, if more favorable to the Executive, until the Date of TerminationEmployment Termination Date, as determined in accordance with Section 7.3 hereof5.3. Amounts paid under this Section 7.4 are in addition to all other amounts due under this Agreement (other than those due under Section 5.2 hereof) and shall not be offset against or reduce any other amounts due under this Agreement.

Appears in 3 contracts

Samples: Change of Control Agreement (Gulfmark Offshore Inc), Change of Control Agreement (Gulfmark Offshore Inc), Change of Control Agreement (Gulfmark Offshore Inc)

Compensation During Dispute. If a purported termination occurs following a Change in Control and during the Term and the Date of Termination is extended in accordance with Section 7.3 6.3 hereof, the Company shall continue to pay the Executive the full compensation in effect when the notice giving rise to the dispute was given (including, but not limited to, salary) and continue the Executive as a participant in all compensation, benefit and insurance plans in which the Executive was participating when the notice giving rise to the dispute was given or those plans in which the Executive was participating immediately prior to the first occurrence of an event or circumstance giving rise to the Notice of Termination, if more favorable to the Executive, until the Date of Termination, as determined in accordance with Section 7.3 6.3 hereof. Amounts paid under this Section 7.4 6.4 are in addition to all other amounts due under this Agreement (other than those due under Section 5.2 4.2 hereof) and shall not be offset against or reduce any other amounts due under this Agreement.

Appears in 3 contracts

Samples: Severance Agreement (Stewart & Stevenson Services Inc), Severance Agreement (Stewart & Stevenson Services Inc), Severance Agreement (Stewart & Stevenson Services Inc)

Compensation During Dispute. If a purported termination of employment occurs following a Change in Control and during the Term of this Agreement and the Employment Termination Date of Termination is extended in accordance with Section 7.3 hereof5.3, the Company shall continue to pay the Executive Executive, at the time specified in Section 4, the full compensation in effect when the notice giving rise to the dispute was given (including, but not limited to, salary) and continue the Executive as a participant in all compensation, benefit and insurance plans in which the Executive was participating when the notice giving rise to the dispute was given or those plans in which the Executive was participating immediately prior to the first occurrence of an event or circumstance giving rise to the Notice of Termination, if more favorable to the Executive, until the Date of TerminationEmployment Termination Date, as determined in accordance with Section 7.3 hereof5.3. Amounts paid under this Section 7.4 are in addition to all other amounts due under this Agreement (other than those due under Section 5.2 hereof3.2) and shall not be offset against or reduce any other amounts due under this Agreement.

Appears in 2 contracts

Samples: Change in Control Agreement (Baker Hughes Inc), Change in Control Agreement (Baker Hughes Inc)

Compensation During Dispute. If a purported termination occurs on or following a Change in Control and during the Term and the Date of Termination is extended in accordance with Section 7.3 hereof, the Company shall continue to pay the Executive the full compensation in effect when the notice giving rise to the dispute was given or, if higher, as in effect immediately prior to the first occurrence of an event or circumstance constituting Good Reason (including, but not limited to, salaryBase Salary) and continue the Executive as a participant in all compensation, benefit and insurance plans in which the Executive was participating when the notice giving rise to the dispute was given or those plans in which the Executive was participating immediately prior to the first occurrence of an event or circumstance giving rise to the Notice of Termination, if more favorable to the Executivegiven, until the Date of Termination, as determined in accordance with Section 7.3 hereof. Amounts paid under this Section 7.4 are in addition to all other amounts due under this Agreement (other than those due under the first sentence of Section 5.2 hereof) and shall not be offset against or reduce any other amounts due under this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Hayes Lemmerz International Inc), Severance Agreement (Hayes Lemmerz International Inc)

Compensation During Dispute. If a purported termination occurs following a Change in Control and during the Term and the Date of Termination is extended in accordance with Section 7.3 hereof, the Company shall continue to pay the Executive the full compensation in effect when the notice giving rise to the dispute was given (including, including but not limited to, salary) and continue the Executive as a participant in all compensation, benefit and insurance plans in which the Executive was participating when the notice giving rise to the dispute was given or those plans in which the Executive was participating immediately prior to the first occurrence of an event or circumstance giving rise to the Notice of Termination, if more favorable to the Executive, until the Date of Termination, as determined in accordance with Section 7.3 hereof. Amounts paid under this Section 7.4 are in addition to all other amounts due under this Agreement (other than those due under Section 5.2 hereof) and shall not be offset against or reduce any other amounts due under this Agreement.

Appears in 2 contracts

Samples: Severance Agreement (Baker Hughes Inc), Severance Agreement (Baker Hughes Inc)

Compensation During Dispute. If a purported termination occurs following a Change in Control and during the Term term of this Agreement, and the Date of Termination such termination is extended disputed in accordance with Section 7.3 7.03 hereof, the Company shall continue to pay the Executive the full compensation in effect when the notice giving rise to the dispute was given (including, but not limited to, salary) or, if greater, the full compensation in effect immediately prior to the Change in Control, and continue the Executive as a participant (on a basis at least as favorable to the Executive as in effect immediately prior to the Change in Control) in all compensation, benefit and insurance plans in which the Executive was participating when the notice giving rise to the dispute was given or those plans in which the Executive was participating immediately prior to the first occurrence of an event or circumstance giving rise to the Notice of Termination, if more favorable to the Executivegiven, until the Date of Termination, as determined dispute is finally resolved in accordance with Section 7.3 7.03 hereof. Amounts paid under this Section 7.4 7.04 are in addition to all other amounts due under this Agreement (other than those due under Section 5.2 5.02 hereof) and shall not be offset against or reduce any other amounts due under this Agreement.

Appears in 1 contract

Samples: Agreement (Bristol Myers Squibb Co)

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Compensation During Dispute. If a purported termination occurs following a Change in Control and during the Term term of this Agreement, and the Date of Termination termination is extended disputed in accordance with Section 7.3 hereof4.04, then, until the dispute is finally resolved in accordance with Section 4.04, the Company shall will continue to pay the Executive the full Executive’s compensation in effect when the notice giving rise to the dispute was given (including, but not limited to, salary) in effect when the Notice of Termination giving rise to the dispute was given or, if greater, the Executive’s compensation in effect immediately prior to the Change in Control, and the Company will continue the Executive as a participant (on a basis at least as favorable to the Executive as in effect immediately prior to the Change in Control) in all compensation, benefit benefit, and insurance plans in which the Executive was participating when the notice giving rise to the dispute was given or those plans in which the Executive was participating immediately prior to the first occurrence of an event or circumstance giving rise to the Notice of Termination, if more favorable to the Executive, until the Date of Termination, as determined in accordance with Section 7.3 hereofTermination was given. Amounts paid under this Section 7.4 4.05 are in addition to all other amounts due under this Agreement (other than those due under Section 5.2 hereof2.02) and shall will not be offset against or reduce any other amounts due under this Agreement.

Appears in 1 contract

Samples: Change in Control Severance Agreement (Zimmer Holdings Inc)

Compensation During Dispute. If a purported termination occurs following a Change in Control and during the Term of this Agreement and the Employment Termination Date of Termination is extended in accordance with Section 7.3 hereof5.3, the Company shall continue to pay the Executive the full compensation in effect when the notice giving rise to the dispute was given (including, but not limited to, salary) and continue the Executive as a participant in all compensation, benefit and insurance plans in which the Executive was participating when the notice giving rise to the dispute was given or those plans in which the Executive was participating immediately prior to the first occurrence of an event or circumstance giving rise to the Notice of Termination, if more favorable to the Executive, until the Date of TerminationEmployment Termination Date, as determined in accordance with Section 7.3 hereof5.3. Amounts paid under this Section 7.4 are in addition to all other amounts due under this Agreement (other than those due under Section 5.2 hereof3.2) and shall not be offset against or reduce any other amounts due under this Agreement.

Appears in 1 contract

Samples: Change in Control Agreement (Baker Hughes Inc)

Compensation During Dispute. If a purported termination occurs following a Change in Control and during the Term of this Agreement and the Employment Termination Date of Termination is extended in accordance with Section 7.3 5.3 hereof, the Company shall continue to pay the Executive the full compensation in effect when the notice giving rise to the dispute was given (including, but not limited to, salary) and continue the Executive as a participant Executive in all compensation, benefit and insurance plans in which the Executive was participating when the notice giving rise to the dispute was given or those plans in which the Executive was participating immediately prior to the first occurrence of an event or circumstance giving rise to the Notice of Termination, if more favorable to the Executive, until the Date of TerminationEmployment Termination Date, as determined in accordance with Section 7.3 5.3 hereof. Amounts paid under this Section 7.4 are in addition to all other amounts due under this Agreement (other than those due under Section 5.2 3.2 hereof) and shall not be offset against or reduce any other amounts due under this Agreement.

Appears in 1 contract

Samples: Severance Agreement (Baker Hughes Inc)

Compensation During Dispute. If a purported termination occurs following a Change in Control and during the Term and the Date of Termination is extended in accordance with Section 7.3 hereof, the Company shall continue to pay the Executive the full compensation in effect when the notice giving rise to the dispute was given (including, including but not limited to, salary) and continue the Executive as a participant in all compensation, benefit and insurance plans in which the Executive was participating when the notice giving rise to the dispute was given or those plans in which the Executive was participating immediately prior to the first occurrence of an event or circumstance giving rise to the Notice of Termination, if more favorable to the Executive, until the Date of Termination, as determined in accordance with Section 7.3 hereof. hereof Amounts paid under this Section 7.4 are in addition to all other amounts due under this Agreement (other than those due under Section 5.2 hereof) and shall not be offset against or reduce any other amounts due under this Agreement.

Appears in 1 contract

Samples: Severance Agreement (Baker Hughes Inc)

Compensation During Dispute. If a purported termination occurs following a Change in Control and during the Term of this Agreement and the Employment Termination Date of Termination is extended in accordance with Section 7.3 hereof6.3, the Company shall continue to pay the Executive the full compensation in effect when the notice giving rise to the dispute was given (including, but not limited to, salary) and continue the Executive as a participant in all compensation, benefit and insurance plans in which the Executive was participating when the notice giving rise to the dispute was given or those plans in which the Executive was participating immediately prior to the first occurrence of an event or circumstance giving rise to the Notice of Termination, if more favorable to the Executive, until the Date of TerminationEmployment Termination Date, as determined in accordance with Section 7.3 hereof6.3. Amounts paid under this Section 7.4 are in addition to all other amounts due under this Agreement (other than those due under Section 5.2 hereof3) and shall not be offset against or reduce any other amounts due under this Agreement.

Appears in 1 contract

Samples: Change in Control Agreement (Itex Corp)

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