Employment Agreement Provisions Sample Clauses

Employment Agreement Provisions. Sections 8, 9, 13 and 20 of the Employment Agreement shall continue to apply and shall be deemed made a part hereof as if set forth herein in full.
Sample 1Sample 2
AutoNDA by SimpleDocs
Employment Agreement Provisions. The provisions of paragraphs 7 (Competitive Activity; Confidentiality; Non-solicitation), 11 (Taxes), 12 (Notices), 17 (Governing Law) and 18 (Dispute Resolution; Arbitration) of the Employment Agreement are hereby expressly incorporated by reference.
Sample 1Sample 2
Employment Agreement Provisions. The Restrictive Covenants Agreement and the indemnification and arbitration provisions of the Employment Agreement shall continue to apply and shall be deemed made a part hereof as if set forth herein in full. 11.
Sample 1
Employment Agreement Provisions. Without limiting the generality of the foregoing, the following provisions of the Employment Agreement between the Company and the Executive dated as of February 5, 2004 (the "Employment Agreement") shall continue in effect following the Effective Date to the extent the Company's obligations thereunder have not previously been satisfied in full: Section 3.6 (providing for the grant of certain
Sample 1
Employment Agreement Provisions. The Executive agrees that he has been paid in full for all services rendered to the date of termination of his Employment Agreement and he waives the right to any and all future payments in the form of salary, gross revenue payments, product payments, warrants, commissions, or additional compensation. The Company does not hold the Executive liable for any payments made by the Company to the Executive and hereby releases any obligation of the Executive to repay these payments to the Company. The Company has paid the Executive’s health care benefits up to the date of the Executive’s resignation. The Executive will forgo the continued coverage under COBRA. The Company and Executive agree to the cancellation of the voting preferred stock issued to the Executive, as well as any and all warrants issued or to be issued pursuant to the employment agreement.
Sample 1
Employment Agreement Provisions. Notwithstanding your separation from employment, your rights and obligations under the following provisions of the Employment Agreement shall remain in full force and effect: Section 10 (“Confidentiality”), Section 11 (“Noncompetition and Nonsolicitation”), Section 12 (“Specific Performance”), Section 13 (“Excise Taxes”), Section 15 (“Indemnification”), Section 16 (“Liability Insurance”), Section 18 (“Arbitration”) and Section 21 (“Binding Effect; Assignment”). The Company confirms that, as of the Separation Date, it has in compliance with the Employment Agreement arranged for and has in place directors and officers insurance coverage for you following the Separation Date.
Sample 1
Employment Agreement Provisions. The Corporation and Executive acknowledge and agree that certain provisions of the Employment Agreement continue in effect during the Consulting Period and thereafter as provided in the Employment Agreement, including, Section 2(f) relating to the Omark Salary Continuation Plan (including the obligation to fund or otherwise secure the obligation upon a Change in Control), Section 3(c) providing for the terms and conditions of Executive’s retiree healthcare coverage, and Section 4 providing for Confidentiality and Noncompetition restrictions after Executive’s termination of services under this Agreement.
Sample 1
AutoNDA by SimpleDocs
Employment Agreement Provisions. The parties hereby acknowledge the terms and conditions of Section 4(h)(ii) of each Employment Agreement, dated as of the date of this Agreement (each, as they may be amended in accordance with the terms thereof, an “Employment Agreement”), by and between the Company and each Seller, pursuant to which the provisions of this Section 1 (but, for the avoidance of doubt, not Section 2 or any other Section of this Agreement) shall cease and be of no further force and effect with respect to a Seller (but not the other Seller) upon the circumstances set forth in such Section 4(h)(ii), and the terms and conditions of Section 4(h)(ii) (together with the lead-in language of Section 4(h) and related definitions) of each Employment Agreement are hereby incorporated herein by reference.
Sample 1
Employment Agreement Provisions. Sink agrees that the following provisions of the Employment Agreement shall continue in full force and effect, notwithstanding anything in this Agreement to the contrary: paragraphs 6, 7(d), 8, and 10 (as it relates to any paragraph which remains in full force and effect). Notwithstanding the foregoing, the definition of "competing business" in paragraph 8(a) of the Employment Agreement, shall be amended to mean the following: NCS, Patriot Technologies, Granite Technologies, M&A Technologies, Network Engines, Inc. (and any affiliates of the foregoing); or any entity which sells specialized appliance platforms to any current customer of SteelCloud or to any person or entity to which SteelCloud has marketed itself during Sink's employment with the company; or any entity which sells antivirus, intrusion protection or security appliances or services to any current customer of SteelCloud or to any person or entity to which SteelCloud has marketed itself during Sink's employment with the company. Other than these paragraphs, the parties agree that the terms of the Employment Agreement shall terminate upon execution of this Agreement.
Sample 1

Related to Employment Agreement Provisions

  • Agreement Provisions If the Company, on behalf of any Account, purchases Trust Portfolio shares (“Eligible Shares”) that are subject to a Rule 12b-1 plan adopted under the 1940 Act (the “Plan”), the Company, on behalf of its Distributor, may participate in the Plan. To the extent the Company or its affiliates, agents or designees (collectively “you”) provide any activity or service that is primarily intended to assist in the promotion, distribution or account servicing of Eligible Shares (“Rule 12b-1 Services”) or variable contracts offering Eligible Shares, the Underwriter, the Trust or their affiliates (collectively, “we”) may pay you a Rule 12b-1 fee. “Rule 12b-1 Services” may include, but are not limited to, printing of prospectuses and reports used for sales purposes, preparing and distributing sales literature and related expenses, advertisements, education of dealers and their representatives, and similar distribution-related expenses, furnishing personal services to owners of Contracts which may invest in Eligible Shares (“Contract Owners”), education of Contract Owners, answering routine inquiries regarding a Portfolio, coordinating responses to Contract Owner inquiries regarding the Portfolios, maintaining such accounts or providing such other enhanced services as a Trust Portfolio or Contract may require, or providing other services eligible for service fees as defined under FINRA rules. Your acceptance of such compensation is your acknowledgment that eligible services have been rendered. All Rule 12b-1 fees, shall be based on the value of Eligible Shares owned by the Company on behalf of its Accounts, and shall be calculated on the basis and at the rates set forth in the compensation provision stated above. The aggregate annual fees paid pursuant to each Plan shall not exceed the amounts stated as the “annual maximums” in the Portfolio’s prospectus, unless an increase is approved by shareholders as provided in the Plan. These maximums shall be a specified percent of the value of a Portfolio’s net assets attributable to Eligible Shares owned by the Company on behalf of its Accounts (determined in the same manner as the Portfolio uses to compute its net assets as set forth in its effective Prospectus). The Rule 12b-1 fee will be paid to you within thirty (30) days after the end of the three-month periods ending in January, April, July and October. You shall furnish us with such information as shall reasonably be requested by the Trust’s Boards of Trustees (“Trustees”) with respect to the Rule 12b-1 fees paid to you pursuant to the Plans. We shall furnish to the Trustees, for their review on a quarterly basis, a written report of the amounts expended under the Plans and the purposes for which such expenditures were made. The Plans and provisions of any agreement relating to such Plans must be approved annually by a vote of the Trustees, including the Trustees who are not interested persons of the Trust and who have no financial interest in the Plans or any related agreement (“Disinterested Trustees”). Each Plan may be terminated at any time by the vote of a majority of the Disinterested Trustees, or by a vote of a majority of the outstanding shares as provided in the Plan, on sixty (60) days’ written notice, without payment of any penalty, or as provided in the Plan. Continuation of the Plans is also conditioned on Disinterested Trustees being ultimately responsible for selecting and nominating any new Disinterested Trustees. Under Rule 12b-1, the Trustees have a duty to request and evaluate, and persons who are party to any agreement related to a Plan have a duty to furnish, such information as may reasonably be necessary to an informed determination of whether the Plan or any agreement should be implemented or continued. Under Rule 12b-1, the Trust is permitted to implement or continue Plans or the provisions of any agreement relating to such Plans from year-to-year only if, based on certain legal considerations, the Trustees are able to conclude that the Plans will benefit each affected Trust Portfolio and class. Absent such yearly determination, the Plans must be terminated as set forth above. In the event of the termination of the Plans for any reason, the provisions of this Schedule F relating to the Plans will also terminate. You agree that your selling agreements with persons or entities through whom you intend to distribute Contracts will provide that compensation paid to such persons or entities may be reduced if a Portfolio’s Plan is no longer effective or is no longer applicable to such Portfolio or class of shares available under the Contracts. Any obligation assumed by the Trust pursuant to this Agreement shall be limited in all cases to the assets of the Trust and no person shall seek satisfaction thereof from shareholders of the Trust. You agree to waive payment of any amounts payable to you by Underwriter under a Plan until such time as the Underwriter has received such fee from the Trust. The provisions of the Plans shall control over the provisions of the Participation Agreement, including this Schedule F, in the event of any inconsistency. You agree to provide complete disclosure as required by all applicable statutes, rules and regulations of all rule 12b-1 fees received from us in the prospectus of the Contracts.

  • Employment Agreement On the terms and conditions set forth in this Agreement, the Company agrees to employ the Executive and the Executive agrees to be employed by the Company for the Employment Period set forth in Section 2 hereof and in the position and with the duties set forth in Section 3 hereof. Terms used herein with initial capitalization are defined in Section 10.12 below.

  • Employment Agreements Each of the persons listed on Schedule 9.12 shall have been afforded the opportunity to enter into an employment agreement substantially in the form of Annex VIII hereto.

  • of the Employment Agreement Section 4.4.3 of the Employment Agreement is hereby amended and restated in its entirety to read as follows:

  • Incorporation of Separation Agreement Provisions The following provisions of the Separation Agreement are hereby incorporated herein by reference, and unless otherwise expressly specified herein, such provisions will apply as if fully set forth herein (references in this Section 14.7 to an “Article” or “Section” will mean Articles or Sections of the Separation Agreement, and references in the material incorporated herein by reference will be references to the Separation Agreement): Article IV (relating to Further Assurances; Additional Information); Article V (relating to Release; Indemnification; and Guarantees); Article VI (relating to Exchange of Information; Litigation Management; Confidentiality); Article VII (relating to Dispute Resolution); and Article VIII (relating to Miscellaneous).

  • Employment and Noncompetition Agreements The Employment and Noncompetition Agreements referred to in Sections 7.1 and 8.3, duly executed by the persons referred to in such Sections.

  • Amendment of Employment Agreement The Employment Agreement is hereby amended as follows:

  • Non-Competition Agreement (a) Subject to Sections 5(d) and (f) and Section 12, Employee will not, during the period of his employment by or with the Company, and for a period of two (2) years immediately following the termination of his employment with the Company, for any reason whatsoever, directly or indirectly, for himself or on behalf of or in conjunction with any other person, company, partnership, corporation, business or entity of whatever nature:

  • Noncompetition Agreement In consideration for this Agreement, the Executive will execute, concurrent with the execution of this Agreement, a noncompetition agreement with the Company; provided, however, that if the Executive has an existing noncompetition agreement with the Company, the Company, rather than entering into a new noncompetition agreement with the Executive, may instead, as a condition to entering into this agreement, require that the Executive acknowledge and affirm his continuing obligations under such existing noncompetition agreement and re-affirm his agreement to honor the obligations as set forth in that document.

Time is Money Join Law Insider Premium to draft better contracts faster.