Common use of Other Severance Payments Clause in Contracts

Other Severance Payments. FTD shall have the right to terminate the Executive’s employment at any time during the term of this Agreement by giving the Executive written notice of the effective date of the termination. If (i) this Agreement is not renewed pursuant to Section 1 or (ii) the Executive’s employment is terminated (A) without Cause by FTD (other than during the Change of Control Severance Period) or (B) by the Executive following the Executive’s assignment to a position that represents a material diminution in the Executive’s operating responsibilities (other than during the Change of Control Severance Period) (it being understood that a change in the Executive’s title shall not by itself entitle the Executive to terminate the Executive’s employment and receive the right to severance payments under this paragraph), the Executive will be paid (1) continuing salary for one year from the effective date of any such non-renewal or termination of employment and (2) any pro rata performance bonus to which the Executive may be entitled pursuant to this Agreement; provided, however, that in no event shall the Executive be entitled to any payment under this Section 4(b) if the Executive is in breach of the Confidentiality and Non-Competition Agreement.

Appears in 11 contracts

Samples: Employment Agreement (FTD Inc), Employment Agreement (FTD Inc), Employment Agreement (FTD Inc)

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Other Severance Payments. FTD shall have the right to terminate the Executive’s 's employment at any time during the term of this Agreement by giving the Executive written notice of the effective date of the termination. If (i) this Agreement is not renewed pursuant to Section 1 or (ii) the Executive’s 's employment is terminated (A) without Cause by FTD (other than during the Change of Control Severance Period) or (B) by the Executive following the Executive’s 's assignment to a position that represents a material diminution in the Executive’s 's operating responsibilities (other than during the Change of Control Severance Period) (it being understood that a change in the Executive’s 's title shall not by itself entitle the Executive to terminate the Executive’s 's employment and receive the right to severance payments under this paragraph), the Executive will be paid (1) continuing salary for one year from the effective date of any such non-renewal or termination of employment and (2) any pro rata performance bonus to which the Executive may be entitled pursuant to this Agreement; provided, however, that in no event shall the Executive be entitled to any payment under this Section 4(b) if the Executive is in breach of the Confidentiality and Non-Competition Agreement.

Appears in 2 contracts

Samples: Employment Agreement (FTD Inc), Employment Agreement (FTD Inc)

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