Common use of Minimum retention Clause in Contracts

Minimum retention. With respect to each Transitioned Employee who signs, in a timely manner, an Agreement and Release in the form attached as Schedule 5.4(b) to this Agreement or such other form as TXU shall require ("Agreement and Release"), Buyer shall not terminate such Transitioned Employee within the first ninety (90) days after such Transitioned Employee's Employment Effective Date for any reason other than "cause". For purposes of this provision, "cause" shall mean intentional or gross disregard of a material Buyer rule relating to employee conduct, or gross misconduct resulting, in either case, in material economic harm to Buyer, or conviction for a felony or other crime involving moral turpitude. TXU shall notify Buyer in writing of each Transitioned Employee who executes the Agreement and Release in a timely manner.

Minimum retention. With respect to each Transitioned Employee who signs, in a timely manner, an Agreement and Release in the form attached as Schedule 5.4(b) to this Agreement or such other form as TXU shall require ("“Agreement and Release"”), Buyer shall not terminate such Transitioned Employee within the first ninety (90) days after such Transitioned Employee's ’s Employment Effective Date for any reason other than "“cause"”. For purposes of this provision, "“cause" ” shall mean intentional or gross disregard of a material Buyer rule relating to employee conduct, or gross misconduct resulting, in either case, in material economic harm to Buyer, or conviction for a felony or other crime involving moral turpitude. TXU shall notify Buyer in writing of each Transitioned Employee who executes the Agreement and Release in a timely manner.