Common use of Employer’s Material Breach Clause in Contracts

Employer’s Material Breach. Executive may terminate the Employment Term upon Employer's material breach of this Agreement and the continuation of such breach so long as Executive has provided written notice to Employer of a material breach (which notice shall identify the manner in which Employer has materially breached this Agreement) within ninety (90) days of the initial existence of the breach, and afforded Employer no less than thirty (30) days for cure of such breach. Employer is not required to pay severance under Section 3.3.3 when Employer cures the material breach identified in Executive’s notice within thirty (30) days of Employer’s receipt of the notice. Employer’s material breach of this Agreement shall mean (i) the failure of Employer to make any payment that it is required to make hereunder to Executive when such payment is due; (ii) the assignment to Executive, without Executive's express written consent, of duties inconsistent with his positions, responsibilities and status with Employer, or a change in Executive's reporting responsibilities, titles or offices or any plan, act, scheme or design to constructively terminate the Executive, or any removal of Executive from his positions with Employer, except in connection with the termination of the Employment Term by Employer for Cause, without Cause or Disability or as a result of Executive's death or voluntary resignation or by Executive other than pursuant to this Section 3.2.6; (iii) a reduction by Employer in Executive's Base Salary; or (iv) a permanent reassignment of Executive's primary work location, without the consent of Executive, to a location more than thirty-five (35) miles from Employer's executive offices in Woodcliff Lake, New Jersey.

Employer’s Material Breach. Executive may terminate the Employment Term upon Employer's ’s material breach of this Agreement and the continuation of such breach so long as Executive has provided written notice to Employer of a material breach (which notice shall identify the manner in which Employer has materially breached this Agreement) within ninety (90) days of the initial existence of the breach, and afforded Employer no less than thirty (30) days for cure of such breach. Employer is not required to pay severance under Section 3.3.3 3.2.2 when Employer cures the material breach identified in Executive’s notice within thirty (30) days of Employer’s receipt of the notice. Employer’s material breach of this Agreement shall mean (i) the failure of Employer to make any payment that it is required to make hereunder to Executive when such payment is due; (ii) the assignment to Executive, without Executive's ’s express written consent, of duties inconsistent with his positions, responsibilities and status with Employer, or a change in Executive's ’s reporting responsibilities, titles or offices or any plan, act, scheme or design to constructively terminate the Executive, or any removal of Executive from his positions with Employer, except in connection with the termination of the Employment Term by Employer for Cause, without Cause or Disability or as a result of Executive's ’s death or voluntary resignation or by Executive other than pursuant to this Section 3.2.6; (iii) a reduction by Employer in Executive's ’s Base Salary; or (iv) a permanent reassignment of Executive's ’s primary work location, without the consent of Executive, to a location more than thirty-five (35) miles from Employer's ’s executive offices in Woodcliff Lake, New Jersey.

Employer’s Material Breach. Executive may terminate the Employment Term upon Employer's ’s material breach of this Agreement and the continuation of such breach so long as Executive has provided written notice to Employer of a material breach (which notice shall identify the manner in which Employer has materially breached this Agreement) within ninety (90) days of the initial existence of the breach, and afforded Employer no less than thirty (30) days for cure of such breach. Employer is not required to pay severance under Section 3.3.3 3.3.2 when Employer cures the material breach identified in Executive’s notice within thirty (30) days of Employer’s receipt of the notice. Employer’s material breach of this Agreement shall mean (ia) the failure of Employer to make any payment that it is required to make hereunder to Executive when such payment is due; (iib) the assignment to Executive, without Executive's ’s express written consent, of duties materially inconsistent with his positions, responsibilities and status with Employer, or a change significant reduction in Executive's ’s reporting responsibilities, titles or offices or any plan, act, scheme or design to constructively terminate the Executive, or any removal of Executive from his positions with Employer, except in connection with the termination of the Employment Term by Employer for Cause, without Cause or Disability or as a result of Executive's ’s death or voluntary resignation or by Executive other than pursuant to this Section 3.2.6; (iiic) a material reduction by Employer in Executive's ’s Base Salary; or (ivd) a permanent reassignment of Executive's ’s primary work location, without the consent of Executive, to a location more than thirty-five (35) miles from Employer's executive offices in Woodcliff Lake, New Jersey.

Employer’s Material Breach. Executive may terminate the Employment Term upon Employer's ’s material breach of this Agreement and the continuation of such breach so long as Executive has provided written notice to Employer of a material breach (which notice shall identify the manner in which Employer has materially breached this Agreement) within ninety (90) days of the initial existence of the breach, and afforded Employer no less than thirty (30) days for cure of such breach. Employer is not required to pay severance under Section 3.3.3 when Employer cures the material breach identified in Executive’s notice within thirty (30) days of Employer’s receipt of the notice. Employer’s material breach of this Agreement shall mean (i) the failure of Employer to make any payment that it is required to make hereunder to Executive when such payment is due; (ii) the assignment to Executive, without Executive's ’s express written consent, of duties inconsistent with his positions, responsibilities and status with Employer, or a change in Executive's ’s reporting responsibilities, titles or offices or any plan, act, scheme or design to constructively terminate the Executive, or any removal of Executive from his positions with Employer, except in connection with the termination of the Employment Term by Employer for Cause, without Cause or Disability or as a result of Executive's ’s death or voluntary resignation or by Executive other than pursuant to this Section 3.2.6; (iii) a reduction by Employer in Executive's ’s Base Salary; or (iv) a permanent reassignment of Executive's ’s primary work location, without the consent of Executive, to a location more than thirty-five (35) miles from Employer's ’s executive offices in Woodcliff Lake, New Jersey.

Employer’s Material Breach. Executive may terminate the Employment Term upon Employer's ’s material breach of this Agreement and the continuation of such breach so long as Executive has provided written notice to Employer of a material breach (which notice shall identify the manner in which Employer has materially breached this Agreement) within ninety (90) days of the initial existence of the breach, and afforded Employer no less than thirty (30) days for cure of such breach. Employer is not required to pay severance under Section 3.3.3 3.3.2 when Employer cures the material breach identified in Executive’s notice within thirty (30) days of Employer’s receipt of the notice. Employer’s material breach of this Agreement shall mean (ia) the failure of Employer to make any payment that it is required to make hereunder to Executive when such payment is due; (iib) the assignment to Executive, without Executive's ’s express written consent, of duties materially inconsistent with his positions, responsibilities and status with Employer, or a change significant reduction in Executive's ’s reporting responsibilities, titles or offices or any plan, act, scheme or design to constructively terminate the Executive, or any removal of Executive from his positions with Employer, except in connection with the termination of the Employment Term by Employer for Cause, without Cause or Disability or as a result of Executive's ’s death or voluntary resignation or by Executive other than pursuant to this Section 3.2.6; (iiic) a material reduction by Employer in Executive's ’s Base Salary; or (ivd) a permanent reassignment of Executive's ’s primary work location, without the consent of Executive, to a location more than thirty-five (35) miles from Employer's ’s executive offices in Woodcliff Lake, New Jersey.