Opportunity to Cure. Notwithstanding Sections 5.1.2 and 5.1.3, it shall be a condition precedent to a party’s right to terminate Executive’s employment for Cause or Good Reason, as applicable, that (a) such party shall have first given the other party written notice stating with reasonable specificity the breach on which such termination is premised within ninety (90) days after the party providing such notice becomes aware of such breach, and (b) if such breach is susceptible of cure or remedy, such breach has not been cured or remedied within forty-five (45) days after receipt of such notice.
Appears in 4 contracts
Samples: Employment Agreement (Wellcare Health Plans, Inc.), Employment Agreement (New Generation Biofuels Holdings, Inc), Employment Agreement (New Generation Biofuels Holdings, Inc)
Opportunity to Cure. Notwithstanding Sections 5.1.2 4.1.2 and 5.1.34.1.3, it shall be a condition precedent to a party’s 's right to terminate Executive’s 's employment for Cause or Good Reason, as applicable, that (a) such party shall have first given the other party written notice stating with reasonable specificity the breach on which such termination is premised within ninety (90) 90 days after the party providing such notice becomes aware of such breach, and (b) if such breach is susceptible of cure or remedy, such breach has not been cured or remedied within forty-five (45) days after receipt of such notice.
Appears in 2 contracts
Samples: Employment Agreement (Wellcare Health Plans, Inc.), Employment Agreement (Wellcare Health Plans, Inc.)
Opportunity to Cure. Notwithstanding Sections 5.1.2 4.1.2 and 5.1.34.1.3, it shall be a condition precedent to a party’s right to terminate Executive’s employment for Cause or Good Reason, as applicable, that (a) such party shall have first given the other party written notice stating with reasonable specificity the breach on which such termination is premised within ninety (90) days after the party providing such notice becomes aware of such breach, and (b) if such breach is susceptible of cure or remedy, such breach has not been cured or remedied within forty-five (45) days after receipt of such notice.
Appears in 2 contracts
Samples: Employment Agreement (Wellcare Health Plans, Inc.), Employment Agreement (Wellcare Health Plans, Inc.)
Opportunity to Cure. Notwithstanding Sections 5.1.2 3.1.2 and 5.1.33.1.3, it shall be a condition precedent to a party’s right to terminate Executive’s employment for Cause or Good Reason, as applicable, that (a) such party shall have first given the other party written notice stating with reasonable specificity the breach on which such termination is premised within ninety (90) days after the party providing such notice becomes aware of such breach, and (b) if such breach is susceptible of cure or remedy, such breach has not been cured or remedied within forty-five (45) days after receipt of such notice.
Appears in 2 contracts
Samples: Waiver and Release Agreement (Wellcare Health Plans, Inc.), Severance Agreement (Wellcare Health Plans, Inc.)
Opportunity to Cure. Notwithstanding Sections 5.1.2 and 5.1.3, it It shall be a condition precedent to a party’s right to terminate Executive’s employment for Cause or for Good Reason, as applicable, that (a) such party shall have first given the other party written notice stating with reasonable specificity the breach on which such termination is premised within ninety (90) seven days after the party providing such notice becomes aware of such breach, and (b) if such breach is susceptible of cure or remedy, such breach has not been cured or remedied within forty-five (45) 30 days after receipt of such notice.
Appears in 1 contract
Samples: Transition and Separation Agreement (Wellcare Health Plans, Inc.)
Opportunity to Cure. Notwithstanding Sections 5.1.2 4.1.2 and 5.1.34.1.3, it shall be a condition precedent to a party’s right to terminate Executive’s employment for Cause or Good Reason, as applicable, that (a) such party shall have first given the other party written notice stating with reasonable specificity the breach event on which such termination is premised within ninety (90) days after the party providing such notice becomes aware of such breachevent, and (b) if such breach event is susceptible of cure or remedy, such breach event has not been cured or remedied within forty-five (45) days after receipt of such notice.
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Opportunity to Cure. Notwithstanding Sections 5.1.2 4.1.2 and 5.1.34.1.3, it shall be a condition precedent to a party’s right to terminate Executive’s employment for Cause or Good Reason, as applicable, that (a) such party shall have first given the other party written notice stating with reasonable specificity the breach on which such termination is premised within ninety (90) 90 days after the party providing such notice becomes aware of such breach, and (b) if such breach is susceptible of cure or remedy, such breach has not been cured or remedied within forty-five (45) 45 days after receipt of such notice.
Appears in 1 contract
Opportunity to Cure. Notwithstanding Sections 5.1.2 4.1.2 and 5.1.34. 1.3, it shall be a condition precedent to a party’s right to terminate Executive’s employment for Cause or Good Reason, as applicable, that (a) such party shall have first given the other party written notice stating with reasonable specificity the breach on which such termination is premised within ninety (90) 90 days after the party providing such notice becomes aware of such breach, and (b) if such breach is susceptible of cure or remedy, such breach has not been cured or remedied within forty-five (45) days after receipt of such notice.
Appears in 1 contract