Common use of Remedy by Company Clause in Contracts

Remedy by Company. If, within two years following a Change in Control, Executive terminates employment for Good Reason in accordance with the provisions of Paragraph 8(c), Executive shall make a good faith reasonable determination immediately after the fifteen-day period whether the facts and circumstances that allegedly gave rise to Good Reason have been remedied and shall communicate such determination in writing to the Company (the “Executive Determination”). If Executive determines that adequate remedy has not occurred, then the initial Notice of Termination shall remain in effect. The Company shall not be bound by any Executive Determination that applies to any termination other than a termination for Good Reason that occurs within two years following a Change in Control. Notwithstanding any dispute concerning whether Good Reason exists for termination of employment or whether adequate remedy has occurred, the Company shall immediately pay to Executive, as specified in subparagraph 8(c)(i), any amounts otherwise due under this Agreement. Executive may be required to repay such amounts to the Company if any such dispute is finally determined adversely to Executive.

Appears in 2 contracts

Samples: Employment Agreement (McKesson Corp), Employment Agreement (McKesson Corp)

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Remedy by Company. If, within two years following a Change in ----------------- Control, Executive terminates employment for Good Reason in accordance with the provisions of Paragraph 8(c9(c), Executive shall make a good faith reasonable determination immediately after the fifteen-day period whether the facts and circumstances that allegedly gave rise to Good Reason have been remedied and shall communicate such determination in writing to the Company (the "Executive Determination"). If Executive determines that adequate remedy has not occurred, then the initial Notice of Termination shall remain in effect. The Company shall not be bound by any Executive Determination that applies to any termination other than a termination for Good Reason that occurs within two years following a Change in Control. Notwithstanding any dispute concerning whether Good Reason exists for termination of employment or whether adequate remedy has occurred, the Company shall immediately pay to Executive, as specified in subparagraph 8(c)(i9(c)(i), any amounts otherwise due under this Agreement. Executive may be required to repay such amounts to the Company if any such dispute is finally determined adversely to Executive.this

Appears in 1 contract

Samples: Employment Agreement (McKesson Hboc Inc)

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Remedy by Company. If, within two years following a Change in ----------------- Control, Executive terminates employment for Good Reason in accordance with the provisions of Paragraph 8(c9(c), Executive shall make a good faith reasonable determination immediately after the fifteen-day period whether the facts and circumstances that allegedly gave rise to Good Reason have been remedied and shall communicate such determination in writing to the Company (the "Executive Determination"). If Executive determines that adequate remedy has not occurred, then the initial Notice of Termination shall remain in effect. The Company shall not be bound by any Executive Determination that applies to any termination other than a termination for Good Reason that occurs within two years following a Change in Control. Notwithstanding any dispute concerning whether Good Reason exists for termination of employment or whether adequate remedy has occurred, the Company shall immediately pay to Executive, as specified in subparagraph 8(c)(i9(c)(i), any amounts otherwise due under this Agreement. Executive may be required to repay such amounts to the Company if any such dispute is finally determined adversely to Executive.

Appears in 1 contract

Samples: Employment Agreement (McKesson Hboc Inc)

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