Common use of Notice of Termination Clause in Contracts

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b). “Notice of Termination” means a written notice that (1) indicates the specific termination provision in this Agreement relied upon, (2) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 82 contracts

Sources: Change in Control Employment Agreement, Change of Control Employment Agreement (Comerica Inc /New/), Change of Control Employment Agreement (Comerica Inc /New/)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b). “"Notice of Termination” " means a written notice that (1) indicates the specific termination provision in this Agreement relied upon, (2) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s 's employment under the provision so indicated, and (3) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s 's or the Company’s 's respective rights hereunder.

Appears in 76 contracts

Sources: Executive Agreement (Titan Corp), Executive Agreement (Titan Corp), Executive Agreement (Titan Corp)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)this Agreement. For purposes of this Agreement, a “Notice of Termination” means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, indicated and (3iii) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination intended termination date (which Date date, in the case of Termination a termination for Good Reason, shall be not more than 30 thirty days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 31 contracts

Sources: Employment Agreement (Kindred Healthcare, Inc), Employment Agreement (Kindred Healthcare, Inc), Employment Agreement (Forestview Nursing, L.L.C.)

Notice of Termination. Any termination of employment by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b). “Notice of Termination” means a written notice that (1) indicates the specific termination provision in this Agreement relied upon, (2) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 19 contracts

Sources: Change of Control Employment Agreement (Cathay General Bancorp), Change of Control Employment Agreement (Cathay General Bancorp), Change of Control Employment Agreement (Cathay General Bancorp)

Notice of Termination. Any termination of employment by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b). For purposes of this Agreement, a “Notice of Termination” means a written notice that (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, indicated and (3iii) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination date shall be not more than 30 days after the giving of such notice) (subject to the Company’s right to cure in the case of a resignation for Good Reason). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 17 contracts

Sources: Change in Control Continuity Agreement (Capri Holdings LTD), Change in Control Employment Agreement (Dime Community Bancshares, Inc. /NY/), Change in Control Continuity Agreement (Capri Holdings LTD)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)) of this Agreement. “For purposes of this Agreement, a "Notice of Termination” " means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s 's employment under the provision so indicated, indicated and (3iii) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination termination date (which Date of Termination date shall be not more than 30 thirty days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s 's or the Company’s respective 's rights hereunder.

Appears in 15 contracts

Sources: Employment Agreement (Michael Foods Inc/New), Employment Agreement (Unumprovident Corp), Employment Agreement (Unumprovident Corp)

Notice of Termination. Any termination of Executive’s employment by the Company for or without Cause, or by the Executive for or without Good Reason, shall be communicated by a Notice of Termination to the other party hereto given in accordance with Section 11(b)party. For purposes of this Agreement, a “Notice of Termination” means a written notice that (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, indicated and (3iii) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination notice (which Date of Termination date shall be not more than 30 thirty days after the giving of such the notice). The failure by the Executive Company or the Company Executive to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Cause or Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such that fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 14 contracts

Sources: Employment Agreement (Liberty Tax, Inc.), Employment Agreement (Liberty Tax, Inc.), Employment Agreement (Liberty Tax, Inc.)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by a Notice of Termination to the other party hereto given in accordance with Section 11(b)10(b) hereof. For purposes of this Agreement, a “Notice of Termination” means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, indicated and (3iii) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination termination date (which Date of Termination date shall be not more than 30 thirty (30) days after the giving of such noticenotice or, if later (and applicable), thirty (30) days after the expiration of the applicable cure period). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 14 contracts

Sources: Employment Agreement (Skullcandy, Inc.), Employment Agreement (Skullcandy, Inc.), Employment Agreement (Skullcandy, Inc.)

Notice of Termination. Any termination of employment by the Company for Cause, or by the Executive for Good Reason, shall be communicated by a written ‘‘Notice of Termination Termination’’ to the other party hereto given in accordance with Section 11(b)15 of this Agreement. “In the event of a termination by the Company for Cause, the Notice of Termination” means a written notice that Termination shall (1i) indicates indicate the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, indicated and (3iii) if the Date of Termination (as defined herein) is other than specify the date of receipt termination, which date shall be the date of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 14 contracts

Sources: Employment Agreement, Employment Services Agreement (Symbid Corp.), Employment Services Agreement (Symbid Corp.)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, Cause shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)8. “For purposes of this Agreement, a "Notice of Termination” " means a written notice that given prior to the termination which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s 's employment under the provision so indicated, indicated and (3iii) if the Date of Termination (as defined herein) termination date is other than the date of receipt of such notice, specifies the Date termination date of Termination this Agreement (which Date of Termination date shall be not more than 30 fifteen (15) days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, Company hereunder or preclude the Executive or the Company, respectively, Company from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective its rights hereunder.

Appears in 13 contracts

Sources: Employment Agreement (Rayovac Corp), Employment Agreement (Rayovac Corp), Employment Agreement (Rayovac Corp)

Notice of Termination. Any termination by the Company for Cause, --------------------- or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b). “"Notice of Termination” " means a written notice that (1) indicates the specific termination provision in this Agreement relied upon, (2) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s 's employment under the provision so indicated, and (3) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s 's or the Company’s 's respective rights hereunder.

Appears in 12 contracts

Sources: Employment Agreement (National Commerce Bancorporation), Employment Agreement (National Commerce Bancorporation), Employment Agreement (National Commerce Bancorporation)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, other than due to death shall be communicated by Notice of Termination to the other party parties hereto given in accordance with Section 11(b)12(c) below. For purposes of this Agreement, a “Notice of Termination” means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3iii) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination termination date (which Date of Termination date shall be not more than 30 days after the giving of such noticenotice or, in the case of a termination by the Executive for Good Reason more than 45 days after the date on which the Executive provides written notice in accordance with Section 3(c) above). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 12 contracts

Sources: Employment Agreement (Sunstone Hotel Investors, Inc.), Employment Agreement (Sunstone Hotel Investors, Inc.), Employment Agreement (Sunstone Hotel Investors, Inc.)

Notice of Termination. Any termination by the Company for CauseCompany, or by the Executive for Good ReasonExecutive, shall be communicated by Notice of Termination to the other party hereto party, given in accordance with Section 11(b)8.1. “For purposes of this Agreement, a "Notice of Termination” " means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s 's employment under the provision so indicated, and (3iii) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination termination date (which Date of Termination date shall be not more than 30 fifteen (15) days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, Company hereunder or preclude the Executive or the Company, respectively, Company from asserting such fact or circumstance in enforcing the Executive’s 's or the Company’s respective 's rights hereunder.

Appears in 12 contracts

Sources: Employment Agreement (Magna Group Inc), Employment Agreement (Magna Group Inc), Employment Agreement (Magna Group Inc)

Notice of Termination. Any termination by the Company for Cause, or by the Executive Employee for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b13(b). “Notice of Termination” means a written notice that (1) indicates the specific termination provision in this Agreement relied upon, (2) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the ExecutiveEmployee’s employment under the provision so indicated, and (3) if the Date of Termination (as defined herein) termination date is other than the date of receipt of such notice, specifies the Date of Termination termination date (which Date of Termination termination date shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Executive Employee or the Company to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause shall not waive any right of the Executive Employee or the Company, respectively, hereunder or preclude the Executive Employee or the Company, respectively, from asserting such fact or circumstance in enforcing the ExecutiveEmployee’s or the Company’s respective rights hereunder.

Appears in 11 contracts

Sources: Change in Control Agreement (Hyliion Holdings Corp.), Employee Agreement (DIEBOLD NIXDORF, Inc), Employee Agreement (DIEBOLD NIXDORF, Inc)

Notice of Termination. Any termination of the Executive’s employment by the Company for Cause, or by the Executive for Good Reason, (other than death) shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)12(c) of this Agreement. For purposes of this Agreement, a “Notice of Termination” means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, indicated and (3iii) if the Date of Termination (as defined herein) is other than the date of receipt of such noticenecessary, specifies the Date of Termination consistent with this Agreement (which Date of Termination date shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 11 contracts

Sources: Employment Agreement (Doral Financial Corp), Employment Agreement (Doral Financial Corp), Employment Agreement (Doral Financial Corp)

Notice of Termination. Any termination of employment by the Company for Cause, or by the Executive for Good Reason, shall be communicated by a written ‘‘Notice of Termination Termination’’ to the other party hereto given in accordance with Section 11(b)14 of this Agreement. “In the event of a termination by the Company for Cause or by Executive for Good Reason, the Notice of Termination” means a written notice that Termination shall (1i) indicates indicate the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, indicated and (3iii) if the Date of Termination (as defined herein) is other than specify the date of receipt termination, which date shall be the date of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 10 contracts

Sources: Employment Services Agreement (Eco Science Solutions, Inc.), Employment Services Agreement (Eco Science Solutions, Inc.), Employment Services Agreement (Eco Science Solutions, Inc.)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b12(d). For purposes of this Agreement, a “Notice of Termination” means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3iii) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice)termination date. The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder under this Agreement or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunderunder this Agreement.

Appears in 10 contracts

Sources: Employment Agreement, Employment Agreement (Faro Technologies Inc), Employment Agreement (Faro Technologies Inc)

Notice of Termination. Any termination of employment by the Company for Cause, or by the Executive for Good Reason, shall be communicated by a written “Notice of Termination Termination” to the other party hereto given in accordance with Section 11(b)14 of this Agreement. “In the event of a termination by the Company for Cause, the Notice of Termination” means a written notice that Termination shall (1a) indicates indicate the specific termination provision in this Agreement relied upon, (2b) to the extent applicable, sets set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, indicated and (3c) specify the effective date of termination if the Date of Termination (as defined herein) is other than the date of receipt such notice, provided that the effective date of employment termination may not be earlier than the date of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 9 contracts

Sources: Employment Agreement (Ekso Bionics Holdings, Inc.), Employment Agreement (Ekso Bionics Holdings, Inc.), Employment Agreement (Ekso Bionics Holdings, Inc.)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, Cause shall be communicated by Notice of Termination (as defined below) to the other party hereto given in accordance with Section 11(b)9(b) of this Agreement. For purposes of this Agreement, a “Notice of Termination” means shall mean a written notice that (1i) indicates the specific termination provision in this Agreement relied upon, (2) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, upon and (3ii) specifies the termination date (which date shall be not more than thirty (30) days after the giving of such notice) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice). The failure by the Executive Employee or the Company to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause shall not waive any right of the Executive Employee or the Company, respectively, hereunder or preclude the Executive Employee or the Company, respectively, from asserting such fact or circumstance in enforcing the ExecutiveEmployee’s or the Company’s respective rights hereunder.

Appears in 9 contracts

Sources: Employment Agreement (Tw Telecom Inc.), Employment Agreement (Tw Telecom Inc.), Employment Agreement (Tw Telecom Inc.)

Notice of Termination. Any termination by the Company for Cause, --------------------- or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)this Agreement. “For purposes of this Agreement, a "Notice of Termination” " means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s 's employment under the provision so indicated, indicated and (3iii) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination intended termination date (which Date date, in the case of Termination a termination for Good Reason, shall be not more than 30 thirty days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s 's or the Company’s respective 's rights hereunder.

Appears in 9 contracts

Sources: Employment Agreement (Vencor Inc /New/), Employment Agreement (Vencor Inc /New/), Employment Agreement (Vencor Inc)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)17(d) of this Agreement. For purposes of this Agreement, a “Notice of Termination” means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3iii) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice)termination date. The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 9 contracts

Sources: Employment Agreement (FirstCash Holdings, Inc.), Employment Agreement (FirstCash Holdings, Inc.), Employment Agreement (FirstCash Holdings, Inc.)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b10(b). “"Notice of Termination” " means a written notice that (1) indicates the specific termination provision in this Agreement relied upon, (2) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s 's employment under the provision so indicated, and (3) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s 's or the Company’s 's respective rights hereunder.

Appears in 8 contracts

Sources: Change of Control Agreement (Janus Capital Group Inc), Change of Control Agreement (Janus Capital Group Inc), Change of Control Agreement (Janus Capital Group Inc)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)XIV of this Agreement. “For purposes of this Agreement, a "Notice of Termination” " means a written notice that which (1) indicates the specific termination provision in this Agreement relied upon, (2) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s 's employment under the provision so indicated, indicated and (3) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination termination date (which Date of Termination date shall be not more than 30 thirty days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s 's or the Company’s respective 's rights hereunder.

Appears in 8 contracts

Sources: Employment Agreement (Versicor Inc /Ca), Employment Agreement (Versicor Inc /Ca), Employment Agreement (Versicor Inc /Ca)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)) of this Agreement. For purposes of this Agreement, a “Notice of Termination” means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, indicated and (3iii) if the Date of Termination (as defined herein) is other than the below), which date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 90 days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 7 contracts

Sources: Change of Control Agreement (Washington Federal Inc), Change of Control Agreement (Avista Corp), Change of Control Agreement (Avista Corp)

Notice of Termination. Any termination by the Company for Cause, Cause or by the Executive for Good Reason, Constructive Termination shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)8. “For purposes of this Agreement, a "Notice of Termination” " means a written notice that given prior to the termination which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s 's employment under the provision so indicated, indicated and (3iii) if the Date of Termination (as defined herein) termination date is other than the date of receipt of such notice, specifies the Date termination date of Termination this Agreement (which Date of Termination date shall be not more than 30 fifteen (15) days after the giving of such notice). The failure by the Executive or the Company any party to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason Cause or Cause Constructive Termination shall not waive any right of the Executive or the Company, respectively, such party hereunder or preclude the Executive or the Company, respectively, such party from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective its rights hereunder.

Appears in 7 contracts

Sources: Employment Agreement (Rayovac Corp), Employment Agreement (Rayovac Corp), Employment Agreement (Rayovac Corp)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)16(d) of this Agreement. For purposes of this Agreement, a “Notice of Termination” means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3iii) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice)termination date. The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 7 contracts

Sources: Employment Agreement (Pathology Solutions, LLC), Employment Agreement (Aurora Diagnostics, Inc.), Employment Agreement (Aurora Diagnostics, Inc.)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b12(b). “Notice of Termination” means a written notice that (1) indicates the specific termination provision in this Agreement relied upon, (2) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 7 contracts

Sources: Change of Control Employment Agreement (Tw Telecom Inc.), Change of Control Employment Agreement (Tw Telecom Inc.), Change of Control Employment Agreement (Tw Telecom Inc.)

Notice of Termination. Any termination by the Company without Cause or for Cause, or by the Executive without Good Reason or for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b). “Notice of Termination” means a written notice that (1) indicates the specific termination provision in this Agreement relied upon, (2) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice, except as provided in clause (3) of Section 4(e) below). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 6 contracts

Sources: Change of Control Employment Agreement (Journal Register Co), Change of Control Employment Agreement (Journal Register Co), Change of Control Employment Agreement

Notice of Termination. Any termination of employment by the Company for Cause, or by the Executive for Good Reason, Cause shall be communicated by Notice of Termination to the other party hereto Executive given in accordance with Section 11(b)13(b) of this Agreement. “Notice of Termination” means a written notice that (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3iii) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, Company hereunder or preclude the Executive or the Company, respectively, Company from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 6 contracts

Sources: Employment Agreement (GX Acquisition Corp. II), Employment Agreement (Niocorp Developments LTD), Employment Agreement (Niocorp Developments LTD)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)14(d) of this Agreement. For purposes of this Agreement, a “Notice of Termination” means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3iii) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice)termination date. The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 6 contracts

Sources: Change in Control Agreement (Genuine Parts Co), Change in Control Agreement (Genuine Parts Co), Change in Control Agreement (Eastman Chemical Co)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party parties hereto given in accordance with Section 11(b)10(c) of this Agreement. For purposes of this Agreement, a “Notice of Termination” means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, indicated and (3iii) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination termination date (which Date of Termination date shall be not more than 30 thirty days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 6 contracts

Sources: Employment Agreement (Thomas Properties Group Inc), Employment Agreement (Thomas Properties Group Inc), Employment Agreement (Thomas Properties Group Inc)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, other than due to death shall be communicated by Notice of Termination to the other party parties hereto given in accordance with Section 11(b)12(c) below. For purposes of this Agreement, a “Notice of Termination” means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3iii) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination termination date (which Date of Termination date shall be not more than 30 days after the giving of such noticenotice or, in the case of a termination by the Executive for Good Reason more than 45 days after the date on which the Executive provides written notice of intent to terminate for Good Reason in accordance with Section 3(c) above). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 6 contracts

Sources: Employment Agreement (Sunstone Hotel Investors, Inc.), Employment Agreement (Sunstone Hotel Investors, Inc.), Employment Agreement (Sunstone Hotel Investors, Inc.)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b12(b). “Notice of Termination” means a written notice that (1) indicates the specific termination provision in this Agreement relied upon, (2) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 6 contracts

Sources: Change of Control Severance Agreement (Valero Energy Corp/Tx), Severance Agreement (Valero Energy Corp/Tx), Change of Control Employment Agreement (Capital One Financial Corp)

Notice of Termination. Any termination of employment by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b). “Notice of Termination” means a written notice that (1) indicates the specific termination provision in this Agreement relied upon, (2) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice)Termination. The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 6 contracts

Sources: Change in Control Continuity Agreement (Sun Bancorp Inc /Nj/), Change in Control Continuity Agreement (Sun Bancorp Inc /Nj/), Change in Control Continuity Agreement (Sun Bancorp Inc /Nj/)

Notice of Termination. Any termination of employment by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b). “Notice of Termination” means a written notice that (1) indicates the specific termination provision in this Agreement relied upon, (2) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice) (subject to the Company’s right to cure in the case of a resignation for Good Reason). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 5 contracts

Sources: Change in Control Employment Agreement (Wausau Paper Corp.), Change in Control Employment Agreement (Wausau Paper Corp.), Change in Control Employment Agreement (Wausau Paper Corp.)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)12(b) of this Agreement. For purposes of this Agreement, a “Notice of Termination” means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, indicated and (3iii) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause Cause, respectively, shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, Company from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 5 contracts

Sources: Change of Control Employment Agreement (Medtronic Inc), Change of Control Employment Agreement (Medtronic PLC), Change of Control Employment Agreement (Medtronic Inc)

Notice of Termination. Any Except in the case of death of the Executive, any termination by of the Company for CauseExecutive's employment hereunder, or whether by the Executive for Good Reasonor the Company, shall be communicated effected only by Notice of Termination a written notice given to the other party hereto given in accordance with this Section 11(b). “14 (a "Notice of Termination” means a written notice that "). Any Notice of Termination shall (1i) indicates indicate the specific termination provision in this Agreement Section 6 relied upon, (2ii) to in the extent applicablecase of a termination for Cause or a Constructive Discharge, sets set forth in reasonable detail the facts and circumstances claimed to provide a basis for such termination and (iii) specify the effective date of such termination of employment (the Executive’s employment under the provision so indicated, and (3) if the "Date of Termination (as defined herein) is other Termination"), which shall not be less than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not 15 days nor more than 30 60 days after the giving of such notice)notice is given. The failure by of the Executive or the Company to set forth in the any Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason Cause or Cause Constructive Discharge shall not waive any right of the Executive or the Company, respectively, Company hereunder or preclude the Executive or the Company, respectively, Company from asserting such fact or circumstance in enforcing the Executive’s 's or the Company’s respective 's rights hereunder.

Appears in 5 contracts

Sources: Employment Agreement (Mellon Financial Corp), Employment Agreement (Mellon Financial Corp), Employment Agreement (Mellon Financial Corp)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b10(b). For purposes of this Agreement, a “Notice of Termination” means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, indicated and (3iii) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice)Termination. The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 5 contracts

Sources: Employment Agreement (Morgans Hotel Group Co.), Employment Agreement (Morgans Hotel Group Co.), Employment Agreement (Morgans Hotel Group Co.)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)party. For purposes of this Agreement, a “Notice of Termination” means a written notice that which (1) indicates the specific termination provision in this Agreement relied upon, (2) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, indicated and (3) if the Date of Termination (as defined hereinin Section (e) hereof) is other than the date of receipt of such notice, specifies the Date of Termination termination date (which Date of Termination date shall be not more than 30 days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 5 contracts

Sources: Employment Agreement (Navigant Consulting Inc), Employment Agreement (Navigant Consulting Inc), Employment Agreement (Navigant Consulting Inc)

Notice of Termination. Any termination Termination of the Executive’s employment by the Company for Cause, Cause or by the Executive for Good Reason, Reason shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)16(b) of this Agreement. For purposes of this Agreement, a “Notice of Termination” means a written notice that (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination Termination of the Executive’s employment under the provision so indicated, and (3iii) if the Date date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination date (which Date of Termination date shall be not more than 30 fifteen days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder under this Agreement or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.his rights

Appears in 5 contracts

Sources: Severance and Change in Control Agreement (Eastgroup Properties Inc), Severance and Change in Control Agreement (Eastgroup Properties Inc), Severance and Change in Control Agreement (Eastgroup Properties Inc)

Notice of Termination. Any termination of employment by the Bank or the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b). “Notice of Termination” means a written notice that (1) indicates the specific termination provision in this Agreement relied upon, (2) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice) (subject to Bank’s or the Company’s right to cure in the case of a resignation for Good Reason). The failure by the Executive or the Bank and/or the Company to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause shall not waive any right of the Executive Executive, the Bank or the Company, respectively, hereunder or preclude the Executive Executive, the Bank or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s, the Bank’s or the Company’s respective rights hereunder.

Appears in 5 contracts

Sources: Change of Control Employment Agreement (Suffolk Bancorp), Change of Control Employment Agreement (Suffolk Bancorp), Change of Control Employment Agreement (Suffolk Bancorp)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)10(b) of this Agreement. For purposes of this Agreement, a “Notice of Termination” means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, indicated and (3iii) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination termination date (which Date of Termination date shall be not more than 30 days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 4 contracts

Sources: Change in Control Severance Agreement (Unum Group), Change in Control Severance Agreement (Unum Group), Change in Control Severance Agreement (Unum Group)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b). “Notice of Termination” means a written notice that (1) indicates the specific termination provision in this Agreement relied upon, (2) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, indicated and (3) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 4 contracts

Sources: Change of Control Employment Agreement (Assurant Inc), Change of Control Employment Agreement (Assurant Inc), Change in Control Employment Agreement (Valspar Corp)

Notice of Termination. Any termination by the Company for Cause, Employer or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto to this Agreement given in accordance with Section 11(b)24. For purposes of this Agreement, a “Notice of Termination” means a written notice that (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3iii) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination date shall be not more than 30 thirty (30) days after the giving of such noticenotice in the case of a termination with Cause or with Good Reason). The failure by the Executive or the Company Employer to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause Cause, as applicable, shall not waive any right of the Executive or the CompanyEmployer, respectively, hereunder or preclude the Executive or the CompanyEmployer, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the CompanyEmployer’s respective rights hereunder.

Appears in 4 contracts

Sources: Employment Agreement, Employment Agreement (Banc of California, Inc.), Employment Agreement (Banc of California, Inc.)

Notice of Termination. Any termination of employment by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b). “"Notice of Termination” " means a written notice that (1) indicates the specific termination provision in this Agreement relied upon, (2) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s 's employment under the provision so indicated, and (3) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice)Termination. The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s 's or the Company’s 's respective rights hereunder.

Appears in 4 contracts

Sources: Change in Control Continuity Agreement (Sun Bancorp Inc /Nj/), Change in Control Continuity Agreement (Sun Bancorp Inc /Nj/), Change in Control Continuity Agreement (Sun Bancorp Inc /Nj/)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b). “Notice of Termination” means a written notice that (1) indicates the specific termination provision in this Agreement relied upon, (2) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 4 contracts

Sources: Change in Control Agreement (Kbw, Inc.), Change in Control Agreement (Kbw, Inc.), Change of Control Agreement (Kbw, Inc.)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b13(b). “Notice of Termination” means a written notice that (1) indicates the specific termination provision in this Agreement relied upon, (2) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 4 contracts

Sources: Transition and Succession Agreement (Mylan Inc.), Transition and Succession Agreement (Mylan Inc.), Transition and Succession Agreement (Mylan Inc.)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)9.2 of this Agreement. For purposes of this Agreement, a “Notice of Termination” means a written notice that (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3iii) if the Termination Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice)termination date. The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 4 contracts

Sources: Employment Agreement (EVO Payments, Inc.), Employment Agreement (EVO Payments, Inc.), Employment Agreement (EVO Payments, Inc.)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)10(b) of this Agreement. “For purposes of this Agreement, a "Notice of Termination” " means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s 's employment under the provision so indicated, indicated and (3iii) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination termination date (which Date date, in the case of Termination a termination for Good Reason, shall be not more than 30 days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s 's or the Company’s respective 's rights hereunder.

Appears in 4 contracts

Sources: Employment Agreement (Maxxim Medical Inc/Tx), Employment Agreement (Maxxim Medical Inc/Tx), Employment Agreement (Maxxim Medical Inc/Tx)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall will be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b). “Notice of Termination” means a written notice that (1) indicates the specific termination provision in this Agreement relied upon, (2) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall will be not more than 30 days after the giving of such notice). The failure by Taubman or the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Cause or Good Reason or Cause shall will not waive any right of the Executive Taubman or the CompanyExecutive, respectively, hereunder or preclude the Executive Taubman or the CompanyExecutive, respectively, from asserting such fact or circumstance in enforcing the ExecutiveTaubman’s or the CompanyExecutive’s respective rights hereunder.

Appears in 4 contracts

Sources: Change of Control Employment Agreement (Taubman Centers Inc), Change of Control Employment Agreement (Taubman Centers Inc), Change of Control Employment Agreement (Taubman Centers Inc)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)17(f) of this Agreement. For purposes of this Agreement, a “Notice of Termination” means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, indicated and (3iii) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice)termination date. The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason Reason, Poor Performance or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 4 contracts

Sources: Employment Agreement (Global Payments Inc), Employment Agreement (Global Payments Inc), Employment Agreement (Global Payments Inc)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by a Notice of Termination to the other party hereto given in accordance with Section 11(b)this Agreement. For purposes of this Agreement, a “Notice of Termination” means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3iii) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination intended termination date (which Date date, in the case of Termination a termination for Good Reason, shall be not more than 30 thirty days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 3 contracts

Sources: Employment Agreement (Ventas Inc), Employment Agreement (Ventas Inc), Employment Agreement (Ventas Inc)

Notice of Termination. Any termination of employment by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given delivered in accordance with Section 11(b12(c). “Notice of Termination” means a written notice that (1) indicates the specific termination provision in this Agreement relied upon, (2) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice)Termination. The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 3 contracts

Sources: Change of Control Agreement (Associated Banc-Corp), Change of Control Agreement (Associated Banc-Corp), Change of Control Agreement (Associated Banc-Corp)

Notice of Termination. Any termination by the Company for Cause, Cause or by the Executive for Good Reason, Reason shall be communicated by “Notice of Termination Termination” to the other party hereto given in accordance with Section 11(b)party. A “Notice of Termination” means a written notice that (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3iii) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination termination date (which Date of Termination shall be not more than 30 15 days after the giving of such noticenotice in all instances other than Good Reason, in which case it shall be at least 31 days after and no more than 90 days after the Notice of Termination). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance circumstances that contributes to a showing of Good Reason or Cause Cause, as the case may be, shall not waive any right of the Executive or the Company, respectively, hereunder Company or preclude the Executive or the Company, respectively, Company from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunderrights.

Appears in 3 contracts

Sources: Change of Control Agreement (Integer Holdings Corp), Change of Control Agreement (Greatbatch, Inc.), Change of Control Agreement (Greatbatch, Inc.)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)party. “For purposes of this Agreement, a "Notice of Termination” " means a written notice that which (1) indicates the specific termination provision in this Agreement relied upon, (2) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s 's employment under the provision so indicated, indicated and (3) if the Date of Termination (as defined hereinin Section (e) hereof) is other than the date of receipt of such notice, specifies the Date of Termination termination date (which Date of Termination date shall be not more than 30 days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s 's or the Company’s respective 's rights hereunder.

Appears in 3 contracts

Sources: Employment Agreement (Navigant Consulting Inc), Employment Agreement (Navigant Consulting Inc), Employment Agreement (Navigant Consulting Inc)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)7.4. “For purposes of this Agreement, a "Notice of Termination” " means a written notice that which (1a) indicates the specific termination provision in this Agreement relied upon, (2b) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s 's employment under the provision so indicated, indicated and (3c) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination termination date (which Date of Termination date shall be not more than 30 days after the giving of such notice). The failure by the Executive Company or the Company Executive to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Cause or Good Reason or Cause shall not waive any right of the Executive Company or the CompanyExecutive, respectively, hereunder or preclude the Executive Company or the CompanyExecutive, respectively, from asserting such fact or circumstance in enforcing the Company's or the Executive’s or the Company’s respective rights hereunder.

Appears in 3 contracts

Sources: Employment Agreement (Patheon N.V.), Employment Agreement (Patheon N.V.), Employment Agreement (Patheon N.V.)

Notice of Termination. Any termination by (except due to death of the Company for Cause, or by the Executive for Good Reason, Executive) shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)8. For purposes of this Agreement, a “Notice of Termination” means a written notice that given prior to the termination which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, indicated and (3iii) if the Date of Termination (as defined herein) termination date is other than the date of receipt of such notice, specifies the Date termination date of Termination this Agreement (which Date of Termination date shall be not more than 30 fifteen (15) days after the giving of such notice, unless a longer notice is required pursuant to another section of this Agreement). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, Company hereunder or preclude the Executive or the Company, respectively, Company from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective its rights hereunderunder this Agreement.

Appears in 3 contracts

Sources: Employment Agreement, Transition Employment Agreement (Spectrum Brands Holdings, Inc.), Employment Agreement (Spectrum Brands Holdings, Inc.)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)10. For purposes of this Agreement, a “Notice of Termination” means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, indicated and (3iii) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination termination date (which Date of Termination date shall be not more than 30 calendar days after the giving of such notice). The failure by the Company or Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Cause or Good Reason or Cause shall not waive any right of the Executive Company or the CompanyExecutive, respectively, hereunder or preclude the Executive Company or the CompanyExecutive, respectively, from asserting such fact or circumstance in enforcing the Company’s or Executive’s or the Company’s respective rights hereunder.

Appears in 3 contracts

Sources: Employment Agreement (Axil Brands, Inc.), Employment Agreement (Axil Brands, Inc.), Employment Agreement (Williams Industrial Services Group Inc.)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination (as defined below) to the other party hereto given in accordance with Section 11(b)12(g) of this Agreement. For purposes of this Agreement, a “Notice of Termination” means a written notice that (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3iii) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination termination date (which Date of Termination date shall be not more than 30 days after the giving of such noticenotice or 30 days after the end of the Cure Period, if applicable, in the case of a termination by the Executive with Good Reason). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 3 contracts

Sources: Employment Agreement (National Bank Holdings Corp), Employment Agreement (National Bank Holdings Corp), Employment Agreement (National Bank Holdings Corp)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)14. For purposes of this Agreement, a “Notice of Termination” means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, indicated and (3iii) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination termination date (which Date of Termination date shall be not more than 30 calendar days after the giving of such notice). The failure by the Company or Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Cause or Good Reason or Cause shall not waive any right of the Executive Company or the CompanyExecutive, respectively, hereunder or preclude the Executive Company or the CompanyExecutive, respectively, from asserting such fact or circumstance in enforcing the Company’s or Executive’s or the Company’s respective rights hereunder.

Appears in 3 contracts

Sources: Employment Agreement (Global Power Equipment Group Inc.), Employment Agreement (Global Power Equipment Group Inc.), Employment Agreement (Global Power Equipment Group Inc.)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)13. For purposes of this Agreement, a “Notice of Termination” means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, indicated and (3iii) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination termination date (which Date of Termination date shall be not more than 30 calendar days after the giving of such notice). The failure by the Company or Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Cause or Good Reason or Cause shall not waive any right of the Executive Company or the CompanyExecutive, respectively, hereunder or preclude the Executive Company or the CompanyExecutive, respectively, from asserting such fact or circumstance in enforcing the Company’s or Executive’s or the Company’s respective rights hereunder.

Appears in 3 contracts

Sources: Employment Agreement (Williams Industrial Services Group Inc.), Employment Agreement (Global Power Equipment Group Inc.), Employment Agreement (Global Power Equipment Group Inc.)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)15(d) of this Agreement. For purposes of this Agreement, a “Notice of Termination” means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3iii) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice)termination date. The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 2 contracts

Sources: Employment Agreement (Unumprovident Corp), Change in Control Agreement (Eastman Chemical Co)

Notice of Termination. Any termination (except by the Company for Cause, or by the Executive for Good Reason, death) shall be communicated by a Notice of Termination to the other party hereto given in accordance with Section 11(b)14 of this Agreement. “For purposes of this Agreement, a "Notice of Termination” " means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, (iii) in the case of termination by Employer for Cause or for Incapacity, confirms that such termination is pursuant to a resolution of the Board (which, in the case of Cause, is pursuant to Section 8(b) hereof), and (3iv) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice)termination date. The failure by the Executive or the Company Employer to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason Reason, Incapacity or Cause shall not serve to waive any right of the Executive or the CompanyEmployer, respectively, hereunder or preclude the Executive or the CompanyEmployer, respectively, from asserting such fact or circumstance in enforcing the Executive’s 's or the Company’s respective Employer's rights hereunder.

Appears in 2 contracts

Sources: Executive Employment Agreement (Professional Bancorp Inc), Executive Employment Agreement (Professional Bancorp Inc)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b). “Notice of Termination” means a written notice that (1) indicates the specific termination provision in this Agreement relied upon, (2) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s 's employment under the provision so indicated, and (3) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s 's or the Company’s 's respective rights hereunder.

Appears in 2 contracts

Sources: Severance Agreement (Valero Energy Corp/Tx), Severance Agreement (Valero Energy Corp/Tx)

Notice of Termination. (i) Any termination by the Company for Cause, or by the Executive for Good Reason, Cause shall be communicated by Notice of Termination for Cause to the other party hereto Executive given in accordance with Section 11(b)) of this Agreement. For purposes of this Agreement, a “Notice of TerminationTermination for Cause” means a written notice that which (1X) indicates the specific termination provision in this Agreement relied upon, (2Y) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, indicated and (3Z) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination termination date (which Date of Termination date shall be not more than 30 thirty days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination for Cause any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, Company hereunder or preclude the Executive or the Company, respectively, Company from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 2 contracts

Sources: Change in Control Agreement (Clorox Co /De/), Change in Control Agreement (Clorox Co /De/)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)13(b) of this Agreement. For purposes of this Agreement, a “Notice of Termination” means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3iii) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice)termination date. The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 2 contracts

Sources: Change in Control Agreement (Gold Kist Inc.), Change in Control Agreement (Gold Kist Inc.)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, Cause shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)8. For purposes of this Agreement, a “Notice of Termination” means a written notice that given prior to the termination which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, indicated and (3iii) if the Date of Termination (as defined herein) termination date is other than the date of receipt of such notice, specifies the Date termination date of Termination this Agreement (which Date of Termination date shall be not more than 30 fifteen (15) days after the giving of such notice, unless a thirty-day notice is required pursuant to another section of this Agreement). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, Company hereunder or preclude the Executive or the Company, respectively, Company from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective its rights hereunder.

Appears in 2 contracts

Sources: Employment Agreement (Spectrum Brands, Inc.), Employment Agreement (Spectrum Brands, Inc.)

Notice of Termination. Any termination of employment by the Company for or without Cause, or by the Executive for or without Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b). For purposes of this Agreement, a “Notice of Termination” means a written notice that (1) indicates states the specific termination provision in this Agreement relied upon, (2) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such noticenotice or, in the case of a termination by the Executive for Good Reason, not more than 30 days after the end of the Cure Period, if applicable). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 2 contracts

Sources: Change of Control Employment Agreement (Cadence Bancorporation), Change of Control Employment Agreement (Cadence Bancorporation)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)this Agreement. “For purposes of this Agreement, a "Notice of Termination” " means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s 's employment under the provision so indicated, indicated and (3iii) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination termination date (which Date of Termination date shall be not more than 30 days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s 's or the Company’s respective 's rights hereunder.

Appears in 2 contracts

Sources: Employment Agreement (Checkmate Electronics Inc), Employment Agreement (Checkmate Electronics Inc)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, of employment hereunder shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b10(c). “For purposes of this Agreement, a "Notice of Termination” " means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s 's employment under the provision so indicated, indicated and (3iii) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination termination date (which Date of Termination date shall be not more than 30 90 days after the giving of such notice). The Any failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing show of Good Reason or Cause shall not waive any right of to the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s 's or the Company’s respective 's rights hereunder.

Appears in 2 contracts

Sources: Executive Severance Agreement (Labarge Inc), Executive Severance Agreement (Labarge Inc)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b). For purposes of this Agreement, a “Notice of Termination” means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, indicated and (3iii) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination termination date (which Date of Termination date shall be not more than 30 days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 2 contracts

Sources: Employment Agreement (Archipelago Holdings L L C), Employment Agreement (Archipelago Holdings L L C)

Notice of Termination. Any termination by the Company --------------------- for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)8(b) below. “For purposes of this Agreement, a "Notice of Termination” " means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s 's employment under the provision so indicated, indicated and (3iii) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination termination date (which Date of Termination date shall be not more than 30 days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s 's or the Company’s respective 's rights hereunder.

Appears in 2 contracts

Sources: Retention Agreement (Solutia Inc), Retention Agreement (Solutia Inc)

Notice of Termination. Any termination by the Company Taubman for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b). “Notice of Termination” means a written notice that (1) indicates the specific termination provision in this Agreement relied upon, (2) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice). The failure by the Executive or the Company Taubman to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the CompanyTaubman , respectively, hereunder or preclude the Executive or the CompanyTaubman , respectively, from asserting such fact or circumstance in enforcing the Executive’s or the CompanyTaubman’s respective rights hereunder.

Appears in 2 contracts

Sources: Change of Control Employment Agreement (Taubman Centers Inc), Change of Control Employment Agreement (Taubman Centers Inc)

Notice of Termination. Any termination of the Executive’s employment by the Company for Cause, or by the Executive for Good Reason, (other than death) shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)11(c) of this Agreement. For purposes of this Agreement, a “Notice of Termination” means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, indicated and (3iii) if the Date of Termination (as defined herein) is other than the date of receipt of such noticenecessary, specifies the Date of Termination consistent with this Agreement (which Date of Termination date shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 2 contracts

Sources: Employment Agreement (Doral Financial Corp), Employment Agreement (Doral Financial Corp)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall will be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b12(b). For purposes of this Agreement, “Notice of Termination” means a written notice that (1) indicates the specific termination provision in this Agreement relied upon, (2) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 calendar days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause shall will not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 2 contracts

Sources: Change in Control Employment Agreement (Aci Worldwide, Inc.), Change in Control Employment Agreement (Aci Worldwide, Inc.)

Notice of Termination. Any termination by the Company Corporation for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b). “"Notice of Termination” " means a written notice that (1) indicates the specific termination provision in this Agreement relied upon, (2) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s 's employment under the provision so indicated, and (3) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice). The failure by the Executive or the Company Corporation to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the CompanyCorporation, respectively, hereunder or preclude the Executive or the CompanyCorporation, respectively, from asserting such fact or circumstance in enforcing the Executive’s 's or the Company’s Corporation's respective rights hereunder.

Appears in 2 contracts

Sources: Employment Agreement (Marsh Supermarkets Inc), Employment Agreement (Marsh Supermarkets Inc)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)party. For purposes of this Agreement, a “Notice of Termination” means a written notice that (1) indicates the specific termination provision in this Agreement relied upon, (2) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3) if the Date of Termination (as defined hereinin Paragraph 7(f) hereof) is other than the date of receipt of such notice, specifies the Date of Termination termination date (which Date of Termination date shall be not more than 30 60 days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 2 contracts

Sources: Employment Agreement (Navigant Consulting Inc), Employment Agreement (Navigant Consulting Inc)

Notice of Termination. Any termination of Executive’s employment by the Company for or without Cause, or by the Executive for or without Good Reason, shall be communicated by a Notice of Termination to the other party hereto given in accordance with Section 11(b)party. For purposes of this Agreement, a “Notice of Termination” means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, indicated and (3iii) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination notice (which Date of Termination date shall be not more than 30 thirty days after the giving of such notice). The failure by the Executive Company or the Company Executive to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Cause or Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 2 contracts

Sources: Employment Agreement (Dynex Capital Inc), Severance Agreement (Dynex Capital Inc)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b10(b). “Notice of Termination” means a written notice that (1) indicates the specific termination provision in this Agreement relied upon, (2) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 2 contracts

Sources: Employment Agreement (Becton Dickinson & Co), Employment Agreement (Joy Global Inc)

Notice of Termination. Any termination by the Company for Cause, Cause or by the Executive for Good Reason, Reason shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)this Agreement. “For purposes of this Agreement, a "Notice of Termination” " means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s 's employment under the provision so indicated, and (3iii) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination termination date (which Date of Termination date shall be not more than 30 fifteen (15) days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective his rights hereunder.

Appears in 2 contracts

Sources: Executive Employment Agreement (Petro Union Inc), Executive Employment Agreement (Petro Union Inc)

Notice of Termination. Any termination by the Company for Cause, or by --------------------- the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)party. “For purposes of this Agreement, a "Notice of Termination” " means a written notice that which (1) indicates the specific termination provision in this Agreement relied upon, (2) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s 's employment under the provision so indicated, indicated and (3) if the Date of Termination (as defined hereinin Section (e) hereof) is other than the date of receipt of such notice, specifies the Date of Termination termination date (which Date of Termination date shall be not more than 30 days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s 's or the Company’s respective 's rights hereunder.

Appears in 2 contracts

Sources: Employment Agreement (Navigant Consulting Inc), Employment Agreement (Navigant Consulting Inc)

Notice of Termination. Any termination of Executive’s employment by the Company for or without Cause, or by the Executive for or without Good Reason, shall be communicated by a Notice of Termination to the other party hereto given in accordance with Section 11(b)party. For purposes of this Agreement, a “Notice of Termination” means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, indicated and (3iii) if states the Date of Termination (as defined herein) is Termination, if other than the date of receipt of such notice, specifies the Date of Termination notice (which Date of Termination but any other date shall be not more than 30 thirty days after the giving of such notice). The failure by the Executive Company or the Company Executive to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Cause or Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 2 contracts

Sources: Retention Agreement (Parkway Properties Inc), Retention Agreement (Parkway Properties Inc)

Notice of Termination. Any termination by the Company Taubman for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b). “"Notice of Termination” " means a written notice that (1) indicates the specific termination provision in this Agreement relied upon, (2) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s 's employment under the provision so indicated, and (3) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice). The failure by the Executive or the Company Taubman to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the CompanyTaubman, respectively, hereunder or preclude the Executive or the CompanyTaubman , respectively, from asserting such fact or circumstance in enforcing the Executive’s 's or the Company’s Taubman's respective rights hereunder.

Appears in 2 contracts

Sources: Change of Control Employment Agreement (Taubman Centers Inc), Change of Control Employment Agreement (Taubman Centers Inc)

Notice of Termination. Any termination of employment by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b11(c). For purposes of this Agreement, a “Notice of Termination” means a written notice that (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3iii) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination date shall be not more than 30 thirty (30) days after the giving of such notice) (subject to the Company’s right to cure in the case of a resignation for Good Reason). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 2 contracts

Sources: Change in Control Continuity Agreement (United Community Banks Inc), Change in Control Continuity Agreement (United Community Banks Inc)

Notice of Termination. Any termination of the Executive’s employment by the Company for Cause, or voluntary termination of employment by the Executive (whether for Good Reason or without Good Reason), shall be communicated by Notice of Termination to the other party hereto Party given in accordance with Section 11(b)12(b) of this Agreement. For purposes of this Agreement, a “Notice of Termination” means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3iii) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination termination date (which Date of Termination date shall be not more than 30 thirty days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 2 contracts

Sources: Key Employee Change of Control Contract (Anadarko Petroleum Corp), Key Employee Change of Control Contract (Anadarko Petroleum Corp)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b13(b). “"Notice of Termination” " means a written notice that (1) indicates the specific termination provision in this Agreement relied upon, (2) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s 's employment under the provision so indicated, and (3) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s 's or the Company’s 's respective rights hereunder.

Appears in 2 contracts

Sources: Employment Agreement (Gillette Co), Employment Agreement (Gillette Co)

Notice of Termination. Any termination by the Company for Cause, Cause or by the Executive for Good Reason, Reason shall be communicated by "Notice of Termination Termination" to the other party hereto given in accordance with Section 11(b)party. “A "Notice of Termination” " means a written notice that (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s 's employment under the provision so indicated, and (3iii) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination termination date (which Date of Termination shall be not more than 30 15 days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance circumstances that contributes to a showing of Good Reason or Cause Cause, as the case may be, shall not waive any right of the Executive or the Company, respectively, hereunder Company or preclude the Executive or the Company, respectively, Company from asserting such fact or circumstance in enforcing the Executive’s 's or the Company’s respective rights hereunder's rights.

Appears in 2 contracts

Sources: Change of Control Agreement (Wilson Greatbatch Technologies Inc), Change of Control Agreement (Greatbatch, Inc.)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, any reason shall be communicated by a Notice of Termination to the other party hereto given in accordance with Section 11(b9(g). For purposes of this Agreement, a “Notice of Termination” means a written notice that (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3iii) if the “Date of Termination Termination” (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice)termination date. The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Cause or failure by Executive to set forth in the Notice of Termination any fact or circumstances to a showing of Good Reason or Cause Reason, in either case, shall not waive any right of the Executive Company or the CompanyExecutive, respectivelyas applicable, hereunder or preclude the Executive Company or the CompanyExecutive, respectivelyas applicable, from asserting such fact or circumstance in enforcing the ExecutiveCompany’s or the Company’s respective Executive’s, as applicable, rights hereunder.

Appears in 2 contracts

Sources: Employment Agreement (Superior Energy Services Inc), Employment Agreement (Superior Energy Services Inc)

Notice of Termination. Any termination by the Company Employer for Cause, or by the Executive for with or without Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b10(b). For purposes of this Agreement, a “Notice of Termination” means a written notice that (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3iii) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination termination date (which Date of Termination date shall be not more than 30 days after the giving of such noticenotice in the case of a termination with Cause or with Good Reason). The failure by the Executive or the Company Employer to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause Cause, as applicable, shall not waive any right of the Executive or the CompanyEmployer, respectively, hereunder or preclude the Executive or the CompanyEmployer, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the CompanyEmployer’s respective rights hereunder.

Appears in 2 contracts

Sources: Employment Agreement (Banc of California, Inc.), Employment Agreement (Banc of California, Inc.)

Notice of Termination. Any termination by the Company for Cause, Cause or by the Executive for Good Reason, Reason shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)13(b) of this Agreement. “For purposes of this Agreement, a "Notice of Termination” " means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s 's employment under the provision so indicated, indicated and (3iii) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination termination date (which Date of Termination date shall be not more than 30 15 days after the giving of such notice). No purported termination of the Executive's employment shall be effective without a Notice of Termination. The failure by the Executive or the Company Company, as the case may be, to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause Cause, as the case may be, shall not waive any right of the Executive or the Company, respectivelyas the case may be, hereunder or preclude the Executive or the Company, respectivelyas the case may be, from asserting such fact or circumstance in enforcing the Executive’s 's or the Company’s respective 's rights hereunder.

Appears in 2 contracts

Sources: Change of Control Agreement (Mbna Corp), Change of Control Agreement (Mbna Corp)

Notice of Termination. Any termination of employment by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party party(ies) (as applicable) hereto given in accordance with Section 11(b)9. A “Notice of Termination” means a written notice that (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3iii) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Executive Company or the Company Executive to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Cause or Good Reason or Cause Reason, respectively, shall not waive any right of the Executive Company or the Company, respectively, Executive hereunder or preclude the Executive Company or the Company, respectively, Executive from asserting such fact or circumstance in enforcing the ExecutiveCompany’s or the CompanyExecutive’s respective rights hereunder.

Appears in 1 contract

Sources: Employment Agreement (Cathay General Bancorp)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, Cause shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)Executive. “For purposes of this Agreement, a "Notice of Termination” " means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s 's employment under the provision so indicated, and (3iii) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination termination date (which Date of Termination date shall be not more than 30 90 days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder Company or preclude the Executive or the Company, respectively, Company from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective 's rights hereunder. A Notice of Termination shall also be provided (without a need to reference matters addressed in clauses (i) and (ii) above) in the event of any termination by the Company other than for Cause.

Appears in 1 contract

Sources: Stock Purchase Agreement (Merge Healthcare Inc)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)11. For purposes of this Agreement, a “Notice of Termination” means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, indicated and (3iii) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination termination date (which Date of Termination date shall be not more than 30 calendar days after the giving of such notice). The failure by the Company or Executive or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Cause or Good Reason or Cause shall not waive any right of the Executive Company or the CompanyExecutive, respectively, hereunder or preclude the Executive Company or the CompanyExecutive, respectively, from asserting such fact or circumstance in enforcing the Company’s or Executive’s or the Company’s respective rights hereunder.

Appears in 1 contract

Sources: Employment Agreement (Williams Industrial Services Group Inc.)

Notice of Termination. Any termination of Executive's employment after the Effective Date by the Company Corporation for Cause, Cause or by the Executive for Good Reason, Reason or otherwise shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b10(b). “For purposes of this Agreement, a "Notice of Termination” " means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s 's employment under the provision so indicated, and (3iii) if the Date of Termination (as defined herein) termination date is other than the date of receipt of such notice, specifies the Date of Termination termination date (which Date of Termination date shall be not more than 30 15 days after the giving of such notice). The failure by the Executive or the Company Corporation to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, Corporation hereunder or preclude the Executive or the Company, respectively, Corporation from asserting such fact or circumstance in enforcing the Executive’s 's or the Company’s respective rights Corporation's right hereunder.

Appears in 1 contract

Sources: Severance Agreement (Wells Fargo & Co/Mn)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b9(b). “Notice of Termination” means a written notice that (1) indicates the specific termination provision in this Agreement relied upon, (2) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 thirty (30) days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 1 contract

Sources: Change of Control Severance Agreement (Schnitzer Steel Industries Inc)

Notice of Termination. Any termination by the Company for Cause, or by the Executive Employee for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b14(b). “Notice of Termination” means a written notice that (1) indicates the specific termination provision in this Agreement relied upon, (2) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the ExecutiveEmployee’s employment under the provision so indicated, and (3) if the Date of Termination (as defined herein) termination date is other than the date of receipt of such notice, specifies the Date of Termination termination date (which Date of Termination termination date shall be not more than 30 days after the giving of such notice). The failure by the Executive Employee or the Company to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause shall not waive any right of the Executive Employee or the Company, respectively, hereunder or preclude the Executive Employee or the Company, respectively, from asserting such fact or circumstance in enforcing the ExecutiveEmployee’s or the Company’s respective rights hereunder.

Appears in 1 contract

Sources: Employee Agreement (Diebold Inc)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b9(b). “Notice of Termination” means a written notice that (1) indicates the specific termination provision in this Agreement relied upon, (2) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, indicated and (3) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall be not more than 30 days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 1 contract

Sources: Severance and Change in Control Agreement (Verde Realty)

Notice of Termination. Any termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)11. For purposes of this Agreement, a “Notice of Termination” means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, indicated and (3iii) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination date shall be not less than thirty (30) nor more than 30 sixty (60) days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination such notice any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right of the Executive or the Company, respectively, Company hereunder or preclude the Executive or the Company, respectively, Company from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 1 contract

Sources: Employment Agreement (Force Protection Inc)

Notice of Termination. Any termination of employment by the Company for Cause, or by the Executive for Good Reason, shall will be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b7(e). “Notice of Termination” means a written notice that (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated, and (3iii) if the Date of Termination (as defined herein) is other than the date of receipt of such notice, specifies the Date of Termination (which Date of Termination shall will be not more than 30 days after the giving of such notice). The failure by the Executive or the Company to set forth in the Notice of Termination any fact or circumstance that contributes to a showing of Good Reason or Cause shall will not waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s or the Company’s respective rights hereunder.

Appears in 1 contract

Sources: Employment Agreement (Mallinckrodt PLC)

Notice of Termination. Any termination of employment by the Company for Cause, or by the Executive for Good Reason, Employee shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b)hereto. “For purposes of this Agreement, a "Notice of Termination” " means a written notice that which (1i) indicates the specific termination provision in this Agreement relied upon, (2ii) to the extent applicable, sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s Employee's employment under the provision so indicated, and (3iii) if the Date of Termination (as defined hereinbelow) is other than the date of receipt of such notice, specifies the Date of Termination termination date (which Date of Termination date shall be not more than 30 thirty days after the giving of such notice). The failure by the Executive Employee or the Company to set forth in the Notice of Termination any fact or circumstance that which contributes to a showing of Good Reason or Cause shall not waive any right rights of the Executive Employee or the Company, respectively, hereunder or preclude the Executive Employee or the Company, respectively, from asserting such fact or circumstance in enforcing the Executive’s Employee's or the Company’s respective 's rights hereunder.

Appears in 1 contract

Sources: Employment Agreement (Terax Energy, Inc.)