Employee Retention. A. In the event there is modification of programs and services for financial reasons, the number of employees which is required to implement the modified educational programs and services shall be determined as provided in this Article.
Employee Retention. The two Company employees listed in Schedule 7.02(f) shall have entered into employment and noncompetition agreements with Parent providing for such employees to be employed by Parent (or to continue to be employed by the Surviving Corporation) after the Effective Time; both such employment agreements shall be in full force and effect; and neither of such employees shall have ceased employment with Company or given notice to the Board of Directors of Parent or the Board of Directors of Company of his intention to cease employment with Parent or Company after the Effective Time.
Employee Retention. For Large, Medium, and Small Hub Airports only: [insert name of airport sponsor], owner and operator of [insert name of airport], as a [insert hub size] hub airport, agrees to continue to employ, through December 31, 2020, at least 90 percent of the number of individuals employed (after making adjustments for retirements or voluntary employee separations) by the airport as of March 27, 2020, unless this provision is specifically waived by the Secretary at the airport Sponsor’s written request. The Sponsor shall provide to the FAA the number of employees employed as of March 27, 2020, within 10 business days of this Grant being awarded. Provided further, the Sponsor will report to the FAA the number of employees as of June 30, September 30, and December 31 of 2020, within 10 business days of the end of each reporting period.
Employee Retention. You acknowledge and agree that: (a) we and our affiliates have expended and will expend substantial time and expense in training our and their employees; and (b) we and our affiliates (as applicable), will suffer substantial injury, with respect to which it is extremely difficult and impracticable to calculate actual damages, if you or your affiliates breach this Agreement with respect to solicitation of our or our affiliates’ or franchise owners’ employees. Accordingly, in an effort to liquidate in advance the sum that would represent the damages caused by such solicitation, you agree that you will pay to the affected employer an amount equal to the Annualized Compensation paid by us or such affiliate or franchise owner to any employee of ours, our affiliate or our franchise owners who leaves such employment directly or indirectly as a result of your breach of this Agreement. “Annualized Compensation” means the aggregate compensation (including wages/salary, bonus and other employer’s cost of all taxes and benefits) payable to such employee: (i) an amount equal to the aggregate compensation for such employee for such 12 months; or during the 12 month period immediately preceding the date of such employee’s departure from the previous employment; or (ii) if not, then 12 times the aggregate monthly compensation of such employee. You acknowledge and agree that this amount, which will be due and payable within 30 days of your receipt of our invoice, is a fair and reasonable amount to be recovered as liquidated damages and will not constitute a penalty or forfeiture. The amount will be paid to the former employer.
Employee Retention. Engineer agrees to maintain the organizational and administrative capacity and capabilities to carry out all duties and responsibilities under this Agreement. The personnel Engineer assigns to perform the duties and responsibilities under this Agreement will be properly trained and qualified for the functions they are to perform. If specific qualifications are set forth in job descriptions required by the funding entity and/or in this Agreement, unless a written waiver is granted, Engineer shall only assign personnel with the required qualifications to fulfill those functions. Notwithstanding transfer or turnover of personnel, Engineer remains obligated to perform all duties and responsibilities under this Agreement without degradation and in accordance with the terms of this Agreement.
Employee Retention. A. Xxxxx Xxxxxxxxxx, M.D., shall not have (a) ceased to be employed by, or expressed in writing to any Person (or orally to an officer or director of Acquiror or the Company which oral statement has not been retracted in writing) an intention to terminate employment with, the Company, (b) become incapable of fulfilling any of his material duties to the Company, or (c) expressed in writing to any Person (or orally to an officer or director of Acquiror or the Company which oral statement has not been retracted in writing) an intention to decline to accept, or an intention to terminate, employment with Acquiror, the Surviving Corporation or any other Subsidiary of Acquiror.
Employee Retention. Subject to Section 5.1 of this Agreement, the Company and its Subsidiaries will, and will use their commercially reasonable efforts to cause their directors and executive officers to, use their commercially reasonable efforts to assist Parent in retaining as employees of the Surviving Corporation and its Subsidiaries following the Closing employees of the Company and its Subsidiaries designated by Parent.
Employee Retention. Subject to the other obligations of Buyer in this Section 5.5, nothing in this Section 5.5 otherwise obligates Buyer to continue the employment of any Transferred Employee for any specific period after the Effective Time.
Employee Retention. 30 3.38 Regulation as Utilities...........................................31 3.39 Limitation on Representations and Warranties......................31 3.40 Internal Accounting Controls......................................31 3.41 Water Quality.....................................................31
Employee Retention. On or about the date hereof, the Company and the Subsidiaries have entered into certain legal, binding and enforceable retention and severance agreements in the form of EXHIBIT D hereto (the "RETENTION AND SEVERANCE AGREEMENTS") with their respective employees as set forth in SCHEDULE 3.37 to this Agreement, which agreements entitle such employees to, among other things, one or more retention payments (the "RETENTION PAYMENT") by their applicable employer entity in the event, among other things, of their continued employment to and on the Closing Date. Promptly following the date of this Agreement, the Shareholder shall deliver to the Purchaser true, complete and correct copies of each Retention and Severance Agreement that is executed and delivered by the Company and its Subsidiaries. SCHEDULE 3.37 also sets forth the Retention Payment that may become payable pursuant to the Retention and Severance Agreements to each such employee in the event the employee complies with the terms of the retention provisions of the Retention and Severance Agreement. The Shareholder represents and warrants that it shall concurrently at and upon the Closing, (i) provide and remit to the Company and the Subsidiaries funds sufficient to pay (x) any interim payments on or for a Retention Payment obligation, (y) any remaining Retention Payment obligations, if not previously paid, as such exist, in the sole discretion of the Shareholder as provided in the Retention and Severance Agreements, on the Closing Date, and (z) any applicable employment taxes associated therewith, and (ii) cause the Company and the Subsidiaries to make the required Retention Payment on the Closing Date in accordance with the terms of the Retention and Severance Agreements.
