Common use of Dispute of Termination Clause in Contracts

Dispute of Termination. If, within 10 days after any Notice of Termination is given, the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be the date on which the dispute is finally determined, either by mutual written agreement of the parties, or by a final judgment, order or decree of a court of competent jurisdiction (which is not appealable or the time for appeal therefrom having expired and no appeal having been perfected); provided, that the Date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues the resolution of such dispute with reasonable diligence in accordance with Section 14 below. Notwithstanding the pendency of any such dispute, MTS shall continue to pay Executive full compensation in effect when the notice giving rise to the dispute was given (including, but not limited to, base salary) and continue Executive as a participant in all compensation, benefit and insurance plans in which the Executive was participating when the notice giving rise to the dispute was given, until the dispute is finally resolved in accordance with this subsection or at the end of a period of 180 days, whichever first occurs. Amounts paid under this subsection are in addition to all other amounts due under this Agreement and shall not be offset against or reduce any other amounts under this Agreement.

Appears in 14 contracts

Samples: Change in Control Agreement (MTS Systems Corp), Control Agreement (MTS Systems Corp), Change in Control Agreement (MTS Systems Corp)

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Dispute of Termination. If, within 10 ten days after any Notice of Termination is givengiven under this paragraph 8, the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be the date on which the dispute is finally determined, either by mutual written agreement of the parties, or by a final judgment, order or decree of a court of competent jurisdiction (which is not appealable or the time for appeal therefrom having expired and no appeal having been perfected); provided, that the Date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues the resolution of such dispute with reasonable diligence in accordance with Section 14 belowdiligence. Notwithstanding the pendency of any such dispute, MTS CNS shall continue to pay Executive Employee full compensation in effect when the notice giving rise to the dispute was given (including, but not limited to, base salary) and continue Executive Employee as a participant in all compensation, benefit and insurance plans in which the Executive Employee was participating when the notice giving rise to the dispute was given, to the extent permissible under the terms of the applicable group plans and state and federal law, until the dispute is finally resolved in accordance with this subsection or at the end of a period of 180 days, whichever first occurssubparagraph. Amounts paid under this subsection are in addition to all other amounts due under this Agreement and shall not be offset against or reduce any other amounts under this Agreement.

Appears in 12 contracts

Samples: Executive Employment Agreement (CNS Inc /De/), Executive Employment Agreement (CNS Inc /De/), Executive Employment Agreement (CNS Inc /De/)

Dispute of Termination. If, within 10 days after any Notice of Termination is given, the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be the date on which the dispute is finally determined, either by mutual written agreement of the parties, or by a final judgment, order or decree of a court of competent jurisdiction (which is not appealable or the time for appeal therefrom having expired and no appeal having been perfected); provided, that the Date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues the resolution of such dispute with reasonable diligence in accordance with Section 14 belowdiligence. Notwithstanding the pendency of any such dispute, MTS the Company shall continue to pay the Executive full compensation in effect when the notice giving rise to the dispute was given (including, but not limited to, base salary) and continue the Executive as a participant in all compensation, benefit and insurance plans in which the Executive was participating when the notice giving rise to the dispute was given, until the dispute is finally resolved in accordance with this subsection or at the end of a period of 180 days, whichever first occurssubsection. Amounts paid under this subsection are in addition to all other amounts due under this Agreement and shall not be offset against or reduce any other amounts under this Agreement.. Amended and Restated Change in Control Agreement

Appears in 9 contracts

Samples: Change in Control Agreement (MTS Systems Corp), Change in Control Agreement (MTS Systems Corp), Change in Control Agreement (MTS Systems Corp)

Dispute of Termination. If, within 10 days after any Notice of Termination is given, the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be the date on which the dispute is finally determined, either by mutual written agreement of the parties, or by a final judgment, order or decree of a court of competent jurisdiction (which is not appealable or the time for appeal therefrom having expired and no appeal having been perfected); provided, that the Date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues the resolution of such dispute with reasonable diligence in accordance with Section 14 belowdiligence. Notwithstanding the pendency of any such dispute, MTS the Company shall continue to pay the Executive full compensation in effect when the notice giving rise to the dispute was given (including, but not limited to, base salary) and continue the Executive as a participant in all compensation, benefit and insurance plans in which the Executive was participating when the notice giving rise to the dispute was given, until the dispute is finally resolved in accordance with this subsection or at the end of a period of 180 days, whichever first occurssubsection. Amounts paid under this subsection are in addition to all other amounts due under this Agreement and shall not be offset against or reduce any other amounts under this Agreement.

Appears in 8 contracts

Samples: Control Agreement (MTS Systems Corp), Control Agreement (MTS Systems Corp), Control Agreement (MTS Systems Corp)

Dispute of Termination. If, within 10 days after any Notice of Termination is given, the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be the date on which the dispute is finally determined, either by mutual written agreement of the parties, or by a final judgment, order or decree of a court of competent jurisdiction (which is not appealable or the time for appeal therefrom having expired and no appeal having been perfected); provided, that the Date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues the resolution of such dispute with reasonable diligence in accordance with Section 14 belowdiligence. Notwithstanding the pendency of any such dispute, MTS Company shall continue to pay the Executive full compensation in effect when the notice giving rise to the dispute was given (including, but not limited to, base salary) and continue the Executive as a participant in all compensation, benefit and insurance plans in which the Executive was participating when the notice giving rise to the dispute was given, until the dispute is finally resolved in accordance with this subsection or at the end of a period of 180 days, whichever first occurssubsection. Amounts paid under this subsection are in addition to all other amounts due under this Agreement and and, except as provided in Section 4(d)(v), shall not be offset against or reduce any other amounts under this Agreement.

Appears in 7 contracts

Samples: Management Agreement (Minntech Corp), Management Agreement (Minntech Corp), Agreement (Minntech Corp)

Dispute of Termination. If, within 10 days after any Notice of Termination is given, the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be the date on which the dispute is finally determined, either by mutual written agreement of the parties, or by a final judgment, order or decree of a court of competent jurisdiction (which is not appealable or the time for appeal therefrom having expired and no appeal having been perfected); provided, that the Date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues the resolution of such dispute with reasonable diligence in accordance with Section 14 belowdiligence. Notwithstanding the pendency of any such dispute, MTS the Company shall continue to pay the Executive full compensation in effect when the notice giving rise to the dispute was given (including, but not limited to, base salary) and continue the Executive as a participant in all compensation, benefit and insurance plans in which the Executive was participating when the notice giving rise to the dispute was given, until the dispute is finally resolved in accordance with this subsection or at the end of a period of 180 days, whichever first occursSection. Amounts paid under this subsection Section 5(e) are in addition to all other amounts due under this Agreement and shall not be offset against or reduce any other amounts under this Agreement.

Appears in 5 contracts

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

Dispute of Termination. If, within 10 days after any Notice of Termination is given, the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be the date on which the dispute is finally determined, either by mutual written agreement of the parties, or by a final judgment, order or decree of a court of competent jurisdiction (which is not appealable or the time for appeal therefrom having expired and no appeal having been perfected); provided, that the Date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues the resolution of such dispute with reasonable diligence in accordance with Section 14 belowdiligence. Notwithstanding the pendency of any such dispute, MTS the Company shall continue to pay the Executive full compensation in effect when the notice giving rise to the dispute was given (including, but not limited to, base salary) and continue the Executive as a participant in all compensation, benefit and insurance plans in which the Executive was participating when the notice giving rise to the dispute was given, until the dispute is finally resolved in accordance with this subsection or at the end of a period of 180 days, whichever first occurssubsection. Amounts paid under this subsection are in addition to all other amounts due under this Agreement and shall not be offset against or reduce any other amounts under this Agreement.. Change in Control Agreement

Appears in 5 contracts

Samples: Change in Control Agreement (MTS Systems Corp), Control Agreement (MTS Systems Corp), Change in Control Agreement (MTS Systems Corp)

Dispute of Termination. If, within 10 ten days after any Notice of Termination is givengiven under this paragraph 8, the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be the date on which the dispute is finally determined, either by mutual written agreement of the parties, or by a final judgmentas provided in paragraph 16, order or decree of a court of competent jurisdiction (which is not appealable or the time for appeal therefrom having expired and no appeal having been perfected); provided, that the Date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues the resolution of such dispute with reasonable diligence in accordance with Section 14 belowdiligence. Notwithstanding the pendency of any such dispute, MTS CNS shall continue to pay Executive Employee full compensation in effect when the notice giving rise to the dispute was given (including, but not limited to, base salaryAnnual Base Salary) and continue Executive Employee as a participant in all compensation, benefit and insurance plans in which the Executive Employee was participating when the notice giving rise to the dispute was given, to the extent permissible under the terms of the applicable group plans and state and federal law, until the dispute is finally resolved in accordance with this subsection or at the end of a period of 180 days, whichever first occurssubparagraph. Amounts paid under this subsection are in addition to all other amounts due under this Agreement and shall not be offset against or reduce any other amounts under this Agreement.

Appears in 4 contracts

Samples: Executive Employment Agreement (CNS Inc /De/), Executive Employment Agreement (CNS Inc /De/), Executive Employment Agreement (CNS Inc /De/)

Dispute of Termination. If, within 10 days after any Notice of Termination is given, the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be the date on which the dispute is finally determined, either by mutual written agreement of the parties, or by a final judgment, order or decree of a court of competent jurisdiction (which is not appealable or the time for appeal therefrom having expired and no appeal having been perfected); provided, that the Date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues the resolution of such dispute with reasonable diligence in accordance with Section 14 belowdiligence. Notwithstanding the pendency of any such dispute, MTS St. Jude shall continue to pay Executive full compensation in effect when the notice giving rise to the dispute was given (including, but not limited to, base salary) and continue Executive as a participant in all compensation, benefit and insurance plans in which the Executive was participating when the notice giving rise to the dispute was given, until the dispute is finally resolved in accordance with this subsection or at the end of a period of 180 days, whichever first occurssubsection. Amounts paid under this subsection are in addition to all other amounts due under this Agreement and shall not be offset against or reduce any other amounts under this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (St Jude Medical Inc), Employment Agreement (St Jude Medical Inc)

Dispute of Termination. If, within 10 days after any Notice of Termination is given, the party receiving such Notice of Termination notifies the other party in good faith that a dispute exists concerning the termination, the Date of Termination shall be the date on which the dispute is finally determined, either by mutual written agreement of the parties, or by a final judgmentjudgement, order or decree of a court of competent jurisdiction in accordance with subsection 11(a) (which is not appealable or the time for appeal therefrom having expired and no appeal having been perfected); provided, that the Date date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues the resolution of such dispute with reasonable diligence in accordance with Section 14 belowdiligence. Notwithstanding the pendency of any such dispute, MTS WSI shall continue to pay Executive full compensation in effect when the notice giving rise to the dispute was given (including, but not limited to, base salary) and continue Executive as a participant in all compensation, benefit and insurance plans in which the Executive was participating when the notice giving rise to the dispute was given, until the dispute is finally resolved in accordance with this subsection or at the end of a period of 180 days, whichever first occurssubsection. Amounts paid under this subsection are in addition to all other amounts due under this Agreement and shall not be offset against or reduce any other amounts under this Agreement.

Appears in 2 contracts

Samples: Control) Agreement (Wsi Industries, Inc.), Control) Agreement (Wsi Industries Inc)

Dispute of Termination. If, within 10 days after any Notice of ---------------------- Termination is given, the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be the date on which the dispute is finally determined, either by mutual written agreement of the parties, or by a final judgment, order or decree of a court of competent jurisdiction (which is not appealable or the time for appeal therefrom having expired and no appeal having been perfected); provided, that the Date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues the resolution of such dispute with reasonable diligence in accordance with Section 14 belowdiligence. Notwithstanding the pendency of any such dispute, MTS the Company shall continue to pay the Executive full compensation in effect when the notice giving rise to the dispute was given (including, but not limited to, base salary) and continue the Executive as a participant in all compensation, benefit and insurance plans in which the Executive was participating when the notice giving rise to the dispute was given, until the dispute is finally resolved in accordance with this subsection or at the end of a period of 180 days, whichever first occurssubsection. Amounts paid under this subsection are in addition to all other amounts due under this Agreement and shall not be offset against or reduce any other amounts under this Agreement.

Appears in 2 contracts

Samples: Change in Control Severance Agreement (Premiumwear Inc), Change in Control Severance Agreement (Premiumwear Inc)

Dispute of Termination. If, within 10 days after any Notice of Termination is given, the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be the date on which the dispute is finally determined, either by mutual written agreement of the parties, or by a final Change in Control Agreement Page 11 judgment, order or decree of a court of competent jurisdiction (which is not appealable or the time for appeal therefrom having expired and no appeal having been perfected); provided, that the Date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues the resolution of such dispute with reasonable diligence in accordance with Section 14 below. Notwithstanding the pendency of any such dispute, MTS shall continue to pay Executive full compensation in effect when the notice giving rise to the dispute was given (including, but not limited to, base salary) and continue Executive as a participant in all compensation, benefit and insurance plans in which the Executive was participating when the notice giving rise to the dispute was given, until the dispute is finally resolved in accordance with this subsection or at the end of a period of 180 days, whichever first occurs. Amounts paid under this subsection are in addition to all other amounts due under this Agreement and shall not be offset against or reduce any other amounts under this Agreement.

Appears in 1 contract

Samples: Control Agreement (MTS Systems Corp)

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Dispute of Termination. If, within 10 days after any Notice of Termination is given, the party receiving such Notice of Termination notifies the other party in good faith that a dispute exists concerning the termination, the Date of Termination shall be the date on which the dispute is finally determined, either by mutual written agreement of the parties, or by a final judgmentjudgement, order or decree of a court of competent jurisdiction in accordance with subsection 11(a) (which is not appealable or the time for appeal therefrom having expired and no appeal having been perfected); provided, that the Date date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues the resolution of such dispute with reasonable diligence in accordance with Section 14 belowdiligence. Notwithstanding the pendency of any such dispute, MTS shall continue Sheldahl sxxxx xxxtinue to pay Executive full compensation in effect when the notice giving rise to the dispute was given (including, but not limited to, base salary) and continue Executive as a participant in all compensation, benefit and insurance plans in which the Executive was participating when the notice giving rise to the dispute was given, until the dispute is finally resolved in accordance with this subsection or at the end of a period of 180 days, whichever first occurssubsection. Amounts paid under this subsection are in addition to all other amounts due under this Agreement and shall not be offset against or reduce any other amounts under this Agreement.

Appears in 1 contract

Samples: Control) Agreement (Sheldahl Inc)

Dispute of Termination. If, within 10 days after any Notice of Termination is given, the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be the date on which the dispute is finally determined, either by mutual written agreement of the parties, or by a final judgment, order or decree of a court of competent jurisdiction (which is not appealable or the time for appeal therefrom having expired and no appeal having been perfected); provided, that the Date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues the resolution of such dispute with reasonable diligence in accordance with Section 14 belowdiligence. Notwithstanding the pendency of any such dispute, MTS the Company shall continue to pay the Executive full compensation in effect when the notice giving rise to the dispute was given (including, but not limited to, base salary) and continue the Executive as a participant in all compensation, benefit and insurance plans in which the Executive was participating when the notice giving rise to the dispute was given, until the dispute is finally resolved in accordance with this subsection or at the end of a period of 180 days, whichever first occurssubsection. Amounts paid under this subsection are in addition to Change in Control Agreement all other amounts due under this Agreement and shall not be offset against or reduce any other amounts under this Agreement.

Appears in 1 contract

Samples: Control Agreement (MTS Systems Corp)

Dispute of Termination. If, within 10 days after any Notice of Termination is given, the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be the date on which the dispute is finally determined, either by mutual written agreement of the parties, or by a final judgment, order or decree of a court of competent jurisdiction (which is not appealable or the time for appeal therefrom having expired and no appeal having been perfected); provided, that the Date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues the resolution of such dispute with reasonable diligence in accordance with Section 14 belowdiligence. Notwithstanding the pendency of any such dispute, MTS WSI shall continue to pay Executive full compensation in effect when the notice giving rise to the dispute was given (including, but not limited to, base salary) and continue Executive as a participant in all compensation, benefit and insurance plans in which the Executive was participating when the notice giving rise to the dispute was given, until the dispute is finally resolved in accordance with this subsection or at the end of a period of 180 days, whichever first occurssubsection. Amounts paid under this subsection are in addition to all other amounts due under this Agreement and shall not be offset against or reduce any other amounts under this Agreement.

Appears in 1 contract

Samples: Employment (Change of Control) Agreement (Washington Scientific Industries Inc)

Dispute of Termination. If, within 10 days after any Notice of Termination is given, the party receiving such Notice of Termination notifies the other party in good faith that a dispute exists concerning the termination, the Date of Termination shall be the date on which the dispute is finally determined, either by mutual written agreement of the parties, or by a final judgmentjudgement, order or decree of a court of competent jurisdiction in accordance with subsection 11(a) (which is not appealable or the time for appeal therefrom having expired and no appeal having been perfected); provided, that the Date date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues the resolution of such dispute with reasonable diligence in accordance with Section 14 belowdiligence. Notwithstanding the pendency of any such dispute, MTS shall continue Sheldahl xxxxx xxntinue to pay Executive full compensation in effect when the notice giving rise to the dispute was given (including, but not limited to, base salary) and continue Executive as a participant in all compensation, benefit and insurance plans in which the Executive was participating when the notice giving rise to the dispute was given, until the dispute is finally resolved in accordance with this subsection or at the end of a period of 180 days, whichever first occurssubsection. Amounts paid under this subsection are in addition to all other amounts due under this Agreement and shall not be offset against or reduce any other amounts under this Agreement.

Appears in 1 contract

Samples: Control) Agreement (Sheldahl Inc)

Dispute of Termination. If, within 10 days after any Notice of Termination is given, the party receiving such Notice of Termination notifies the other party in good faith that a dispute exists concerning the termination, the Date of Termination shall be the date on which the dispute is finally determined, either by mutual written agreement of the parties, or by a final judgmentjudgement, order or decree of a court of competent jurisdiction in accordance with Section 3 (which is not appealable or the time for appeal therefrom having expired and no appeal having been perfected); provided, that the Date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues the resolution of such dispute with reasonable diligence in accordance with Section 14 belowdiligence. Notwithstanding the pendency of any such dispute, MTS WSI shall continue to pay Executive you full compensation in effect when the notice giving rise to the dispute was given (including, but not limited to, base salary) and continue Executive you as a participant in all compensation, benefit and insurance plans in which the Executive was you were participating when the notice giving rise to the dispute was given, until the dispute is finally resolved in accordance with this subsection or at the end of a period of 180 days, whichever first occursSection. Amounts paid under this subsection Section are in addition to all other amounts due under this Agreement and shall not be offset against or reduce any other amounts under this Agreement. Such payment shall continue while you are either performing services for WSI or are willing and able to provide services during the period of such dispute, and no “separation from service” shall occur during such period.

Appears in 1 contract

Samples: Letter Agreement (Wsi Industries, Inc.)

Dispute of Termination. If, within 10 days after any Notice of Termination is given, the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be the date on which the dispute is finally determined, either by mutual written agreement of the parties, or by a final judgment, order or decree of a court of competent jurisdiction (which is not appealable or the time for appeal therefrom having expired and no appeal having been perfected); provided, that the Date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues the resolution of such dispute with reasonable diligence in accordance with Section 14 belowdiligence. Notwithstanding the pendency of any such dispute, MTS the Company shall continue to pay the Executive full compensation in effect when the notice giving rise to the dispute was given (including, but not limited to, base salary) and continue the Executive as a participant in all compensation, benefit and insurance plans in which the Executive was participating when the notice giving rise to the dispute was given, until the dispute is finally resolved in accordance with this subsection or at the end of a period of 180 days, whichever first occurssubsection. Amounts paid under this subsection are in Change in Control Agreement addition to all other amounts due under this Agreement and shall not be offset against or reduce any other amounts under this Agreement.

Appears in 1 contract

Samples: Control Agreement (MTS Systems Corp)

Dispute of Termination. If, within 10 days after any Notice of Termination is given, the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be the date on which the dispute is finally determined, either by mutual written agreement of the parties, or by a final judgment, order or decree of a court of competent jurisdiction (which is not appealable or the time for appeal therefrom having expired and no appeal having been perfected); provided, that the Date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues the resolution of such dispute with reasonable diligence in accordance with Section 14 belowdiligence. Notwithstanding the pendency of any such dispute, MTS the Company shall continue to pay Executive full compensation in effect when the notice giving rise to the dispute was given (including, but not limited to, base salarysalary and a year-end bonus in an amount at least equal to the year-end bonus paid with respect to the fiscal year immediately preceding the Change in Control) and continue Executive as a participant in all compensation, benefit and insurance plans in which the Executive was participating when the notice giving rise to the dispute was given, until the dispute is finally resolved in accordance with this subsection or at the end of a period of 180 days, whichever first occurssubsection. Amounts paid under this subsection are in addition to all other amounts due under this Agreement and shall not be offset against or reduce any other amounts under this Agreement.

Appears in 1 contract

Samples: Change of Control Agreement (Arctic Cat Inc)

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