Common use of Date of Termination Clause in Contracts

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 61 contracts

Samples: Employment Agreement (scPharmaceuticals Inc.), Employment Agreement (Myomo Inc), Employment Agreement (Blueprint Medicines Corp)

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Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his her death, the date of his her death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 19 contracts

Samples: Employment Agreement (Trade Desk, Inc.), Employment Agreement (Trade Desk, Inc.), Employment Agreement (resTORbio, Inc.)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), the date on which a Notice of Termination is givengiven or another date as specified in the Notice of Termination; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with for Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 12 contracts

Samples: Employment Agreement (Karuna Therapeutics, Inc.), Employment Agreement (Karuna Therapeutics, Inc.), Employment Agreement (Karuna Therapeutics, Inc.)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b2(b) or by the Company for Cause under Section 3(c2(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d2(d), 30 days after the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e2(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e2(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 9 contracts

Samples: Severance Agreement (Terreno Realty Corp), Severance Agreement (Terreno Realty Corp), Severance Agreement (Terreno Realty Corp)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, (A) in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement, and (B) in the event that the Company terminates the Executive’s employment without Cause under Section 3(d), the Company may unilaterally accelerate the Date of Termination to any earlier effective date provided that the Company continues to pay the Executive the Base Salary for the 30-day period immediately following the date on which a Notice of Termination is given to the Executive.

Appears in 9 contracts

Samples: Employment Agreement (Bluebird Bio, Inc.), Employment Agreement (Bluebird Bio, Inc.), Employment Agreement (Bluebird Bio, Inc.)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b4(b) or by the Company for Cause under Section 3(c4(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d4(d), the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e4(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e4(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 9 contracts

Samples: Employment Agreement (Anthera Pharmaceuticals Inc), Employment Agreement (Citrix Systems Inc), Employment Agreement (Anthera Pharmaceuticals Inc)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b4(b) or by the Company for Cause under Section 3(c4(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d4(d), 30 days after the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e4(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e4(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 8 contracts

Samples: Employment Agreement (Anika Therapeutics, Inc.), Employment Agreement (Anika Therapeutics Inc), Employment Agreement (Anika Therapeutics Inc)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) Executive’s Disability or by the Company for Cause under Section 3(c)Cause, the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), without Cause the date on which a Notice of Termination is givengiven or the date otherwise specified by the Company in the Notice of Termination; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without for any reason except for Good ReasonReason during a Sale Event Period, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with for Good ReasonReason during a Sale Event Period, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 8 contracts

Samples: Employment Agreement (Esperion Therapeutics, Inc.), Employment Agreement (Esperion Therapeutics, Inc.), Employment Agreement (Esperion Therapeutics, Inc.)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company and the Employer for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company and the Employer under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the CompanyCompany and the Employer, the Company and the Employer may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company and the Employer for purposes of this Agreement.

Appears in 7 contracts

Samples: Employment Agreement (Paramount Group, Inc.), Employment Agreement (Paramount Group, Inc.), Employment Agreement (Paramount Group, Inc.)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his or her death, the date of his or her death; (ii) if the Executive’s employment is terminated on account of disability Permanent Disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 thirty (30) days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive either party gives a Notice of Termination to the CompanyTermination, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this AgreementTermination.

Appears in 6 contracts

Samples: Executive Agreement (Aspen Aerogels Inc), Executive Agreement (Aspen Aerogels Inc), Executive Agreement (Aspen Aerogels Inc)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with for Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 6 contracts

Samples: Employment Agreement (Magenta Therapeutics, Inc.), Employment Agreement (Magenta Therapeutics, Inc.), Amended and Resated (Magenta Therapeutics, Inc.)

Date of Termination. “Date of Termination” shall mean: (i) if the ExecutiveEmployee’s employment is terminated by his death, the date of his death; (ii) if the ExecutiveEmployee’s employment is terminated on account of disability under Section 3(b) Employee’s Disability or by the Company for Cause under Section 3(c)Cause, the date on which Notice of Termination is given; (iii) if the ExecutiveEmployee’s employment is terminated by the Company under Section 3(d), without Cause the date on which a Notice of Termination is given; (iv) if the ExecutiveEmployee’s employment is terminated by the Executive under Section 3(e) Employee without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the ExecutiveEmployee’s employment is terminated by the Executive under Section 3(e) Employee with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive Employee gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 5 contracts

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

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), 30 days after the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 5 contracts

Samples: Employment Agreement (Combinatorx, Inc), Employment Agreement (Lucid Inc), Employment Agreement (Boston Private Financial Holdings Inc)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company Employers for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company Employers under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the CompanyEmployers, the Company Employers may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company Employers for purposes of this Agreement.

Appears in 5 contracts

Samples: Employment Agreement (American Farmland Co), Employment Agreement (American Farmland Co), Employment Agreement (American Farmland Co)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company without Cause under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 5 contracts

Samples: Employment Agreement (Globoforce LTD), Employment Agreement (Globoforce LTD), Employment Agreement (Globoforce LTD)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his or her death, the date of his or her death; (ii) if the Executive’s employment is terminated on account of disability Permanent Disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 thirty (30) days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a is specified in the Notice of Termination is given Termination, provided that such date must occur within the sixty (60) day period after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive either party gives a Notice of Termination to the CompanyTermination, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this AgreementTermination.

Appears in 4 contracts

Samples: Executive Agreement (Aspen Aerogels Inc), Executive Agreement (Aspen Aerogels Inc), Executive Agreement (Aspen Aerogels Inc)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) Executive’s Disability or by the Company for Cause under Section 3(c)Cause, the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), without Cause the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without for any reason except for Good ReasonReason during a Sale Event Period, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good ReasonReason during a Sale Event Period, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 4 contracts

Samples: Employment Agreement (Esperion Therapeutics, Inc.), Employment Agreement (Esperion Therapeutics, Inc.), Employment Agreement (Esperion Therapeutics, Inc.)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c4(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d4(b) or 4(d), 30 days after the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e4(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e4(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 4 contracts

Samples: Executive Employment Agreement (Plug Power Inc), Executive Employment Agreement (Plug Power Inc), Employment Agreement (Plug Power Inc)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his the Executive’s death, the date of his the Executive’s death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c4(c), the date on which Notice of Termination is givengiven after all applicable notice and cure periods provided therein; (iii) if the Executive’s employment is terminated by the Company under Section 3(d4(b) or 4(d), 30 days after the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e4(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e4(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 4 contracts

Samples: Employment Agreement (Ener1 Inc), Employment Agreement (Ener1 Inc), Employment Agreement (Ener1 Inc)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company without Cause under Section 3(d), on the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after on the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 4 contracts

Samples: Employment Agreement (Aastrom Biosciences Inc), Employment Agreement (Aastrom Biosciences Inc), Employment Agreement (Aastrom Biosciences Inc)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) Disability or by the Company for Cause under Section 3(c)Cause, the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d)without Cause, the date on which a Notice of Termination is givengiven or the date otherwise specified by the Company in the Notice of Termination; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without other than for Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with for Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination (provided that the Company pays the Executive’s Base Salary during the applicable notice period) and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 4 contracts

Samples: Employment Agreement (Entrada Therapeutics, Inc.), Employment Agreement (Entrada Therapeutics, Inc.), Employment Agreement (Entrada Therapeutics, Inc.)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), 30 days after the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 4 contracts

Samples: Executive Employment Agreement (ArborGen Inc.), Executive Employment Agreement (ArborGen Inc.), Executive Employment Agreement (ArborGen Inc.)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c4(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d4(b) or 4(d), thirty (30) days after the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e4(e) without Good Reason, 30 thirty (30) days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e4(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 3 contracts

Samples: Executive Employment Agreement (Plug Power Inc), Executive Employment Agreement (Plug Power Inc), Executive Employment Agreement (Plug Power Inc)

Date of Termination. “Date of Termination” shall meanmeans: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b4(b) or by the Company for Cause under Section 3(c4(c), or by the Company without Cause under Section 4(d) on the date on which the Notice of Termination is given; (iii) if the Executive’s Executive terminates his employment is terminated by the Company under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e4(e) without Good Reason, on the date specified by the Executive in the notice (which shall be at least thirty (30) days after the date of the Notice of Termination) and, if no such date is specified, 30 days after the date on which a of the Notice of Termination is given, Termination; and (viv) if the Executive’s Executive terminates his employment is terminated by the Executive under Section 3(e4(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that if the Executive gives a Notice of Termination to the CompanyCompany that takes effect at a future date, the Company may unilaterally accelerate the Date of Termination and such that acceleration shall will not result in be deemed a termination by the Company for purposes of this Agreement.

Appears in 3 contracts

Samples: Executive Employment Agreement (Arbutus Biopharma Corp), Executive Employment Agreement (Arbutus Biopharma Corp), Executive Employment Agreement (Arbutus Biopharma Corp)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b4(b) or by the Company for Cause under Section 3(c4(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d4(d), the last date on which a of employment as referenced in the Notice of Termination is givenTermination; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e4(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e4(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 3 contracts

Samples: Employment Agreement (Anthera Pharmaceuticals Inc), Employment Agreement (Anthera Pharmaceuticals Inc), Employment Agreement (Anthera Pharmaceuticals Inc)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period, and (vi) if the Executive’s employment is terminated by Executive for a Bona Fide Retirement, 30 days after the date on which a Notice of Termination is given. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 3 contracts

Samples: Stated Employment Agreement (Aytu Biopharma, Inc), Employment Agreement (Aytu Biopharma, Inc), Employment Agreement (Aytu Biopharma, Inc)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his her death, the date of his her death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company and the Employer for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company and the Employer under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the CompanyCompany and the Employer, the Company and the Employer may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company and the Employer for purposes of this Agreement.

Appears in 3 contracts

Samples: Employment Agreement (Easterly Government Properties, Inc.), Employment Agreement (Paramount Group, Inc.), Employment Agreement (Paramount Group, Inc.)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his due to the Executive’s death, the date of his the Executive’s death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company without Cause under Section 3(d), the date on which a Notice of Termination is givengiven or the date otherwise specified by the Company in the Notice of Termination; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without other than for Good Reason, 30 days after the date on which a Notice of Termination is given, ; and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with for Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in or constitute a termination by the Company for purposes of this Agreement.

Appears in 3 contracts

Samples: Executive Employment Agreement (IZEA Worldwide, Inc.), Executive Employment Agreement (IZEA Worldwide, Inc.), Executive Employment Agreement (IZEA Worldwide, Inc.)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c5(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d5(b) or 5(d), thirty (30) days after the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e5(e) without Good Reason, 30 thirty (30) days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e5(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in constitute a termination by the Company for purposes of this Agreement.. ​

Appears in 3 contracts

Samples: Executive Employment Agreement (Plug Power Inc), Executive Employment Agreement (Plug Power Inc), Executive Employment Agreement (Plug Power Inc)

Date of Termination. “Date of Termination” shall meanmeans: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b4(b) or by the Company for Cause under Section 3(c4(c), or by the Company without Cause under Section 4(d), on the date on which the Notice of Termination is given; (iii) if the Executive’s Executive terminates his employment is terminated by the Company under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e4(e) without Good Reason, on the date specified by the Executive in the notice (which shall be at least thirty (30) days after the date of the Notice of Termination) and, if no such date is specified, 30 days after the date on which a of the Notice of Termination is given, Termination; and (viv) if the Executive’s Executive terminates his employment is terminated by the Executive under Section 3(e4(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that if the Executive gives a Notice of Termination to the CompanyCompany that takes effect at a future date, the Company may unilaterally accelerate the Date of Termination and such that acceleration shall will not result in be deemed a termination by the Company for purposes of this Agreement.

Appears in 3 contracts

Samples: Executive Employment Agreement (Arbutus Biopharma Corp), Executive Employment Agreement (Arbutus Biopharma Corp), Executive Employment Agreement (Arbutus Biopharma Corp)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company without Cause under Section 3(d), the date on which a Notice of Termination is givengiven or the date otherwise specified by the Company in the Notice of Termination; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without other than for Good Reason, 30 days after the date on which a Notice of Termination is givengiven or the date otherwise mutually agreed to by the Company and the Executive, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with for Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Klaviyo, Inc.), Employment Agreement (Klaviyo, Inc.)

Date of Termination. Date of Termination" shall mean: (i) if the Executive’s 's employment is terminated by his death, the date of his death; (ii) if the Executive’s 's employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c4(c), the date on which Notice of Termination is given; (iii) if the Executive’s 's employment is terminated by the Company under Section 3(d4(b) or 4(d), 30 days after the date on which a Notice of Termination is given; (iv) if the Executive’s 's employment is terminated by the Executive under Section 3(e4(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s 's employment is terminated by the Executive under Section 3(e4(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 2 contracts

Samples: Executive Employment Agreement (Plug Power Inc), Executive Employment Agreement (Plug Power Inc)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his her death, the date of his her death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), 30 days after the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Aastrom Biosciences Inc), Employment Agreement (Aastrom Biosciences Inc)

Date of Termination. “Date of Termination” shall mean: (i) if the ExecutiveEmployee’s employment is terminated by his her death, the date of his her death; (ii) if the ExecutiveEmployee’s employment is terminated on account of disability under Section 3(b) Employee’s Disability or by the Company for Cause under Section 3(c)Cause, the date on which Notice of Termination is given; (iii) if the ExecutiveEmployee’s employment is terminated by the Company under Section 3(d), without Cause the date on which a Notice of Termination is given; (iv) if the ExecutiveEmployee’s employment is terminated by the Executive under Section 3(e) Employee without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the ExecutiveEmployee’s employment is terminated by the Executive under Section 3(e) Employee with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive Employee gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 2 contracts

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

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), the date on which a of termination noted in the Notice of Termination is givenTermination; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Borderfree, Inc.), Employment Agreement (Borderfree, Inc.)

Date of Termination. “Date of Termination” shall meanmeans: (i) if the Executive’s employment is terminated by his death, the date of his Executive’s death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), 30 days after the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period, and (vi) if the Executive’s employment is terminated by the Company due to a non-renewal of this Agreement by the Company (in accordance with Section 1(a) above), the date specified in the Company’s notice of non-renewal, but not later than the last day of the applicable Term. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall will not result in a termination by the Company for purposes of this Agreement.

Appears in 2 contracts

Samples: Executive Agreement (Eloqua, Inc.), Executive Agreement (Eloqua, Inc.)

Date of Termination. Date of Termination" shall mean: (i) if the Executive’s 's employment is terminated by his death, the date of his death; (ii) if the Executive’s 's employment is terminated on account of disability under Section 3(b4(b) or by the Company for Cause under Section 3(c4(c), the date on which Notice of Termination is given; (iii) if the Executive’s 's employment is terminated by the Company under Section 3(d4(d), 30 days after the date on which a Notice of Termination is given; (iv) if the Executive’s 's employment is terminated by the Executive under Section 3(e4(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s 's employment is terminated by the Executive under Section 3(e4(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Anika Therapeutics Inc), Employment Agreement (Anika Therapeutics Inc)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, ; and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Citrix Systems Inc), Employment Agreement (Citrix Systems Inc)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his her death, the date of his her death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b4(b) or by the Company for Cause under Section 3(c4(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d4(d), the last date on which a of employment as referenced in the Notice of Termination is givenTermination; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e4(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e4(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Anthera Pharmaceuticals Inc), Employment Agreement (Anthera Pharmaceuticals Inc)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability Disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (aTYR PHARMA INC), Employment Agreement (aTYR PHARMA INC)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), three months after the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days -three months after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 1 contract

Samples: Management Employment Agreement (HOOKIPA Pharma Inc.)

Date of Termination. “Date of Termination” shall meanmean the date set forth in the Notice of Termination, and, except as otherwise agreed by the parties shall be: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), the date on which a set forth in the Notice of Termination is givenTermination; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given 90 days after the end expiration of the Cure Periodany cure period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Forescout Technologies, Inc)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his her death, the date of his her death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) Executive’s Disability or by the Company for Cause under Section 3(c)Cause, the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), without Cause the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without for any reason except for Good ReasonReason during a Sale Event Period, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good ReasonReason during a Sale Event Period, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Esperion Therapeutics, Inc.)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement. This Section 3(g) shall apply in lieu of Section 10(b) of the Severance Plan.

Appears in 1 contract

Samples: Employment Agreement (Insulet Corp)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his her death, the date of his her death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without other than for Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with for Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Aerpio Pharmaceuticals, Inc.)

Date of Termination. Date of Termination" shall mean: (i) if the Executive’s 's employment is terminated by his death, the date of his death; (ii) if the Executive’s 's employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s 's employment is terminated by the Company under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s 's employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s 's employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period, 30 days after the date on which a Notice of Termination is given. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.. ​

Appears in 1 contract

Samples: Employment Agreement (Aytu Biopharma, Inc)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), 30 days after the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement; provided however that the Company agrees to provide Executive pay during the accelerated notice period.

Appears in 1 contract

Samples: Employment Agreement (Lucid Inc)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his their death, the date of his their death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (AVROBIO, Inc.)

Date of Termination. “Date of Termination” shall meanmeans: (i) if the Executive’s employment is terminated by his death, the date of his Executive’s death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), 30 days after the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall will not result in a termination by the Company for purposes of this Agreement.

Appears in 1 contract

Samples: Form of Executive Agreement (Guidewire Software, Inc.)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b6(b) or by the Company for without Cause under Section 3(c), 6(d) on the date on which the Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company for Cause under Section 3(d6(c), the date on which the resolution of the Special Board Meeting confirms (hat a Notice of Termination is givenfor “Cause” event has occurred, as referenced in Section 6(c); (iv) if the Executive’s employment is terminated by the Executive under Section 3(e6(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e6(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Aegerion Pharmaceuticals, Inc.)

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Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Blueprint Medicines Corp)

Date of Termination. “Date of Termination” shall meanmeans: (i) if the Executive’s employment is terminated by his death, the date of his Executive’s death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is givengiven or the date on which Notice of Termination is given after the end of the Cause Cure Period, as applicable; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), 30 days after the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Good Reason Cure Period. Notwithstanding the foregoing, in the event that the Executive either party gives a Notice of Termination to the CompanyTermination, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.Termination. (Name)

Appears in 1 contract

Samples: Executive Agreement (Guidewire Software, Inc.)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is givenreceived by Executive; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), the date on which a Notice of Termination is givenreceived by Executive; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Myomo Inc)

Date of Termination. Date of Termination" shall mean: (i) if the Executive’s 's employment is terminated by his death, the date of his death; (ii) if the Executive’s 's employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s 's employment is terminated by the Company under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s 's employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s 's employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Blueprint Medicines Corp)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his her death, the date of his her death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, ; and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Blueprint Medicines Corp)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a ​ ​ Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Blueprint Medicines Corp)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, ; and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the CompanyCompany other than for Good Reason, the Company may by written notice to Executive unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Ansys Inc)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his the Executive’s death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c)Executive’s Disability, the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d)for Cause, the date on which a Notice of Termination is givengiven after the end of any applicable cure period as described in Section 5(a) hereof; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) Executive’s resignation without Good ReasonReason or by the Company without Cause, 30 60 days after the date on which a Notice of Termination is given, ; and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with for Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and pay the Executive compensation owed for the notice period, subject to Section 9 above, and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Alnylam Pharmaceuticals, Inc.)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his her death, the date of his her death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without other than for Good Reason, 30 14 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with for Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Unum Therapeutics Inc.)

Date of Termination. “Date of Termination” shall meanmeans: (i) if the Executive’s employment is terminated by his death, the date of his Executive’s death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is givengiven or the date on which Notice of Termination is given after the end of the Cause Cure Period, as applicable; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), 30 days after the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Good Reason Cure Period. Notwithstanding the foregoing, in the event that the Executive either party gives a Notice of Termination to the CompanyTermination, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this AgreementTermination.

Appears in 1 contract

Samples: Executive Agreement (Guidewire Software, Inc.)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his her death, the date of his the Executive’s death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c)Executive’s Disability, the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d)for Cause, the date on which a Notice of Termination is givengiven after the end of any applicable cure period as described in Section 5(a) hereof; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) Executive’s resignation without Good ReasonReason or by the Company without Cause, 30 60 days after the date on which a Notice of Termination is given, ; and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with for Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and pay the Executive compensation owed for the notice period, subject to Section 9 above, and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Alnylam Pharmaceuticals, Inc.)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his or her death, the date of his or her death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with for Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Magenta Therapeutics, Inc.)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b3(c) or by the Company for Cause under Section 3(c)Cause, the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d)without Cause, the date on which a Notice of Termination is givengiven or the date otherwise specified by the Company in the Notice of Termination; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without other than for Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with for Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 1 contract

Samples: Interim Employment Agreement (Irobot Corp)

Date of Termination. “Date of Termination” shall mean: (i) if the ExecutiveEmployee’s employment is terminated by his death, the date of his death; (ii) if the ExecutiveEmployee’s employment is terminated on account of disability under Section 3(b) Employee’s Disability or by the Company for Cause under Section 3(c)Cause, the date on which Notice of Termination is given; (iii) if the ExecutiveEmployee’s employment is terminated by the Company under Section 3(d)without Cause, the date on which a Notice of Termination is given; (iv) if the ExecutiveEmployee’s employment is terminated by the Executive under Section 3(e) Employee without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the ExecutiveEmployee’s employment is terminated by the Executive under Section 3(e) Employee with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive Employee gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 1 contract

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

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his her death, the date of his her death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company without Cause under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Globoforce LTD)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), two weeks after the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days two weeks after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (HOOKIPA Pharma Inc.)

Date of Termination. “Date of Termination” shall mean: mean (i) if the Executive’s employment is terminated by his death, the date of his death; , (ii) if the Executive’s employment is terminated on account of disability under pursuant to Section 3(b) or by the Company for Cause under Section 3(c)above, the date on which the Notice of Termination is given; , (iii) if the Executive’s employment is terminated by the Company under pursuant to Section 3(d)3(c) above, the date on which a the Termination Notice is given (provided, that if the Executive’s employment is terminated pursuant to Section 3(c)(iii) or Section 3(c)(v) and the basis for such termination is of such nature that may be cured, and the applicable breach, violation or failure or refusal to perform is not cured by the 30th day after the Notice of Termination is given; received by the Executive, then the Date of Termination shall be such 30th day), (iv) if the Executive’s employment is terminated by the Executive under for Good Reason pursuant to Section 3(e3(d), thirty (30) without Good Reason, 30 days after the date on which a Notice of Termination is givengiven by the Executive (provided that the basis for such Good Reason is not cured by the Company within such thirty (30) day period), and (v) if the Executive’s employment is terminated by the Company without Cause or by the Executive under Section 3(e) with without Good Reason, thirty (30) days after the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreementgiven.

Appears in 1 contract

Samples: Employment and Non Competition Agreement (ASGN Inc)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his her death, the date of his her death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with for Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Magenta Therapeutics, Inc.)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his the Executive’s death, the date of his the Executive’s death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company without Cause under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (scPharmaceuticals Inc.)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his [his]/[her] death, the date of his [his]/[her] death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), the date on which a Notice of Termination is givengiven unless another date is specified by the Company; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without other than for Good Reason, 30 days after the date on which a Notice of Termination is given, ; and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with for Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Neon Therapeutics, Inc.)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) Executive’s Disability or by the Company for Cause under Section 3(c)Cause, the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d)without Cause, the date on which a Notice of Termination is givengiven or the date otherwise specified by the Company in the Notice of Termination; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without for any reason except for Good ReasonReason during a Sale Event Period, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with for Good ReasonReason during a Sale Event Period, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Esperion Therapeutics, Inc.)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b2(b) or by the Company for Cause under Section 3(c2(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d2(d), the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e2(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e2(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 1 contract

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

Date of Termination. “Date of Termination” shall mean: means (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d)for Cause, the date on which a Notice of Termination is given; expiration of the cure period, if any, set forth in Section 7(c), (ivii) if Executive’s employment is terminated by Executive for Good Reason, thirty (30) days following the date of expiration of the cure period specified in Section 7(e) or such earlier date (after the cure period) as Executive’s termination is final, (iii) if Executive’s employment is terminated by the Company other than for Cause or Disability, the date on which the Company notifies Executive under Section 3(eof such termination or such later date specified by the Company, (iv) if Executive voluntarily resigns without Good Reason, 30 the date at least thirty (30) days after Executive notifies the Company, subject to the Company’s right to accelerate such date on which of termination without changing the characterization of such termination as a Notice of Termination is giventermination by Executive without Good Reason as provided in Section 7(f), and (v) if Executive’s employment is terminated by reason of death, the date of death of Executive, or (vi) if Executive’s employment is terminated by the Executive under Section 3(e) with Good ReasonCompany due to Disability, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to specified by the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 1 contract

Samples: Executive Employment Agreement (Park Hotels & Resorts Inc.)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his her death, the date of his her death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s Executive ‘s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Blueprint Medicines Corp)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the CompanyCompany other than for Good Reason, the Company may by written notice to Executive unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Ansys Inc)

Date of Termination. Date of Termination" shall mean: mean (i) if the Executive’s 's employment is terminated by his death, the date of his death; , (ii) if the Executive’s 's employment is terminated on account of disability under pursuant to Section 3(b) or by the Company for Cause under Section 3(c5(a)(2), the date on which thirty (30) days after Notice of Termination is given; given (provided that the Executive shall not have returned to the performance of his duties on a full-time basis during such thirty (30) day period), (iii) if the Executive’s 's employment is terminated by the Company under Section 3(d)for Cause, the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (viv) if the Executive’s 's employment is terminated by the Company without Cause, a date which is at least three (3) months after the date on which the Notice of Termination is given, (v) if Executive's employment is terminated by Executive under Section 3(ewithout Good Reason and the termination is to occur prior to December 31, 2005, a date which is at least three (3) with months after the date on which the Notice of Termination is given by Executive, (vi) if Executive's employment is terminated by Executive without Good Reason and the termination is to occur on or after December 31, 2005, a date which is at least one (1) month after the date on which the Notice of Termination is given and (vii) if Executive's employment is terminated by Executive for Good Reason, the date on which a the Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreementgiven.

Appears in 1 contract

Samples: Executive Employment Agreement (Barry R G Corp /Oh/)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) Executive’s Disability or by the Company for Cause under Section 3(c)Cause, the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d)without Cause, the date on which a Notice of Termination is givengiven or the date otherwise specified by the Company in the Notice of Termination; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without for any reason except for Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with for Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Esperion Therapeutics, Inc.)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Blueprint Medicines Corp)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his deathon account of the Executive’s death under Section 3(a), the date of his the Executive’s death; (ii) if the Executive’s employment is terminated on account of the Executive’s disability under Section 3(b) or ), by the Company for Cause under Section 3(c), or by the Company without Cause under Section 3(d), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (viv) if the Executive’s employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination to any earlier effective date (an “Accelerated Resignation”) and such acceleration Accelerated Resignation shall not result in or be treated as a termination by the Company for purposes of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Body Central Corp)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c5(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d5(b) or 5(d), thirty (30) days after the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e5(e) without Good Reason, 30 thirty (30) days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e5(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in constitute a termination by the Company for purposes of this Agreement.

Appears in 1 contract

Samples: Executive Employment Agreement (Plug Power Inc)

Date of Termination. Date of Termination" shall mean: (i) if the Executive’s 's employment is terminated by his her death, the date of his her death; (ii) if the Executive’s ' s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s ' s employment is terminated by the Company under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s 's employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s 's employment is terminated by the Executive under Section 3(e) with Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Blueprint Medicines Corp)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his death, the date of his death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without other than for Good Reason, 30 14 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with for Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.. ACTIVE/99594636.1 4

Appears in 1 contract

Samples: Employment Agreement (Unum Therapeutics Inc.)

Date of Termination. “Date of Termination” shall mean: (i) if the Executive’s employment is terminated by his [his]/[her] death, the date of his [his]/[her] death; (ii) if the Executive’s employment is terminated on account of disability under Section 3(b) or by the Company for Cause under Section 3(c), the date on which Notice of Termination is given; (iii) if the Executive’s employment is terminated by the Company under Section 3(d), the date on which a Notice of Termination is given; (iv) if the Executive’s employment is terminated by the Executive under Section 3(e) without Good Reason, 30 days after the date on which a Notice of Termination is given, and (v) if the Executive’s employment is terminated by the Executive under Section 3(e) with for Good Reason, the date on which a Notice of Termination is given after the end of the Cure Period. Notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination to the Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in a termination by the Company for purposes of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Magenta Therapeutics, Inc.)

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