Summary Termination. 17.1 The employment of the Executive may be terminated by the Company without notice or payment in lieu of notice if: (A) the Executive is guilty of misconduct or commits any serious breach or non-observance (and in the case of any misconduct, serious breach or non-observance which is capable of being remedied by the Executive, having been given notice in writing and having failed to remedy the same within 7 days of such notice having been served) of any of the provisions of this Agreement or of his obligations to the Company or any Group Company (whether under this Agreement or otherwise) or any lawful acts or directions of the Board or relevant rules and/or codes issued by or on behalf of any Relevant Stock Exchange or (having been given notice in writing and having failed to remedy the same within 7 days of such notice having been served) is guilty of any continued or successive breaches or non-observance of any of such provisions, obligations, acts or directions, rules and/or codes in spite of written warning to the contrary by the Board; (B) the Executive is in the reasonable opinion of the Board negligent or incompetent in the performance of his duties; (C) the Executive is adjudged bankrupt or enters into any composition or arrangement with or for the benefit of his creditors including a voluntary arrangement under the Insolvency Act of 1986; (D) the Executive is guilty of any fraud or dishonesty or acts in any manner which in the reasonable opinion of the Board brings or is likely to bring the Company or any Group Company into disrepute or is materially adverse to the interests of the Company or any Group Company; (E) the Executive performs any act or omission which in the reasonable opinion of the Board may seriously damage the interests of the Company or any Group Company or willfully or negligently breaches any legislation or any regulation to which the Company or Group Company may be subject which may result in any penalties being imposed on him or any Directors of the Company or Group Company. (F) the Executive becomes prohibited by law or is disqualified from being a director or officer of a company; (G) the Executive is convicted of any criminal offence by a court of competent jurisdiction (other than a minor offence for which a fine or other non-custodial penalty is imposed); (H) the Executive commits any act of deliberate discrimination or harassment on grounds of race, sex, disability, sexual orientation, religion or belief or age; (I) the Executive becomes of unsound mind or a patient for the purpose of any statute relating to mental health; (J) the Executive is convicted of an offence under the Criminal Justice ▇▇▇ ▇▇▇▇ (or the Financial Services Authority becomes entitled to impose a penalty on the Executive pursuant to section 123 of the Financial Services and Markets Act 2000) or the Executive is otherwise convicted or found liable under any other present or future statutory enactment or regulation relating to insider dealing and/or market abuse; (K) the Executive resigns as a director or officer of the Company other than at the request of the Company; (L) the Client requires the Company to cause the Executive to cease providing services to it pursuant to clause 3.4 of the Services Memorandum; or (M) the Executive commits any other act warranting summary termination at common law including (but not limited to) any act justifying dismissal without notice in the terms of the Company’s generally-applicable Disciplinary Rules in place from time to time. 17.2 The Company’s normal retirement age is 65 and subject to any statutory right to request that his retirement be extended to a greater age including the service of notices in respect of the same, the employment of the Executive shall automatically terminate on the day upon which the Executive reaches the age of 65. 17.3 The termination of the Executive’s employment hereunder for whatsoever reason shall not affect those terms of this Agreement which are expressed to have effect after such termination and shall be without prejudice to any accrued rights or remedies of the parties. 17.4 On the termination of the Executive’s employment either summarily or otherwise, or at any other time in accordance with instructions given to him by the Board, the Executive will immediately return to the Company all equipment, correspondence, records, specifications, software, models, notes, reports and other documents and any copies thereof and any other property belonging to the Company or any Group Company (including but not limited to credit cards, keys and passes) which are in the Executive’s possession or under his control. 17.5 On the termination of the Executive’s employment either summarily or otherwise, or at any other time in accordance with instructions given to him by the Board, the Executive will immediately irretrievably delete any information relating to the business of the Company or any Group Company stored on any magnetic or optical disk or memory and all matter derived from such sources which is in his possession or under his control outside the premises of the Company or any Group Company. 17.6 Upon the request of the Board, the Executive will provide a signed written statement that he has fully complied with his obligations under clauses 17.4 and/or 17.5 and the Company may withhold any sums owing to the Executive on the Termination Date until the obligations in clause 17.4 and/or 17.5 have been complied with.
Appears in 4 contracts
Sources: Service Agreement (Global Ship Lease, Inc.), Service Agreement, Service Agreement (GSL Holdings, Inc.)
Summary Termination. 17.1 The employment of the Executive may be terminated by the Company without notice or payment in lieu of notice if:
(A) the Executive is guilty of misconduct or commits any serious breach or non-observance (and in the case of any misconduct, serious breach or non-observance which is capable of being remedied by the Executive, having been given notice in writing and having failed to remedy the same within 7 days of such notice having been served) of any of the provisions of this Agreement or of his obligations to the Company or any Group Company (whether under this Agreement or otherwise) or any lawful acts or directions of the Board or relevant rules and/or codes issued by or on behalf of any Relevant Stock Exchange or (having been given notice in writing and having failed to remedy the same within 7 days of such notice having been served) is guilty of any continued or successive breaches or non-observance of any of such provisions, obligations, acts or directions, rules and/or codes in spite of written warning to the contrary by the Board;
(B) the Executive is in the reasonable opinion of the Board negligent or incompetent in the performance of his duties;
(C) the Executive is adjudged bankrupt or enters into any composition or arrangement with or for the benefit of his creditors including a voluntary arrangement under the Insolvency Act of 1986;
(D) the Executive is guilty of any fraud or dishonesty or acts in any manner which in the reasonable opinion of the Board brings or is likely to bring the Company or any Group Company into disrepute or is materially adverse to the interests of the Company or any Group Company;
(E) the Executive performs any act or omission which in the reasonable opinion of the Board may seriously damage the interests of the Company or any Group Company or willfully or negligently breaches any legislation or any regulation to which the Company or Group Company may be subject which may result in any penalties being imposed on him or any Directors of the Company or Group Company.
(F) the Executive becomes prohibited by law or is disqualified from being a director or officer of a company;
(G) the Executive is convicted of any criminal offence by a court of competent jurisdiction (other than a minor offence for which a fine or other non-custodial penalty is imposed);
(H) the Executive commits any act of deliberate discrimination or harassment on grounds of race, sex, disability, sexual orientation, religion or belief or age;
(I) the Executive becomes of unsound mind or a patient for the purpose of any statute relating to mental health;
(J) the Executive is convicted of an offence under the Criminal Justice ▇▇▇ ▇▇▇▇ (or the Financial Services Authority becomes entitled to impose a penalty on the Executive pursuant to section 123 of the Financial Services and Markets Act 2000) or the Executive is otherwise convicted or found liable under any other present or future statutory enactment or regulation relating to insider dealing and/or market abuse;
(K) the Executive resigns as a director or officer of the Company other than at the request of the Company;
(L) the Client requires the Company to cause the Executive to cease providing services to it pursuant to clause 3.4 of the Services Memorandum; or
(M) the Executive commits any other act warranting summary termination at common law including (but not limited to) any act justifying dismissal without notice in the terms of the Company’s generally-applicable Disciplinary Rules in place from time to time.
17.2 The Company’s normal retirement age is 65 and subject to any statutory right to request that his retirement be extended to a greater age including the service of notices in respect of the same, the employment of the Executive shall automatically terminate on the day upon which the Executive reaches the age of 65Clause not used.
17.3 The termination of the Executive’s employment hereunder for whatsoever reason shall not affect those terms of this Agreement which are expressed to have effect after such termination and shall be without prejudice to any accrued rights or remedies of the parties.
17.4 On the termination of the Executive’s employment either summarily or otherwise, or at any other time in accordance with instructions given to him by the Board, the Executive will immediately return to the Company all equipment, correspondence, records, specifications, software, models, notes, reports and other documents and any copies thereof and any other property belonging to the Company or any Group Company (including but not limited to credit cards, keys and passes) which are in the Executive’s possession or under his control.
17.5 On the termination of the Executive’s employment either summarily or otherwise, or at any other time in accordance with instructions given to him by the Board, the Executive will immediately irretrievably delete any information relating to the business of the Company or any Group Company stored on any magnetic or optical disk or memory and all matter derived from such sources which is in his possession or under his control outside the premises of the Company or any Group Company.
17.6 Upon the request of the Board, the Executive will provide a signed written statement that he has fully complied with his obligations under clauses 17.4 and/or 17.5 and the Company may withhold any sums owing to the Executive on the Termination Date until the obligations in clause 17.4 and/or 17.5 have been complied with.
Appears in 3 contracts
Sources: Service Agreement (Global Ship Lease, Inc.), Service Agreement (Global Ship Lease, Inc.), Service Agreement
Summary Termination. 17.1 The employment of the Executive may be terminated by the Company without notice or payment (to the fullest extent permitted under the law, in lieu which case, for the avoidance of notice ifdoubt, the provision of art. 5
(1) second sentence of Law 3198/1955 shall be applicable) for “Cause”, which shall mean:
(A) the Executive is guilty of misconduct or commits any serious breach or non-observance (and in the case of any misconduct, serious breach or non-observance which is capable of being remedied by the Executive, having been given notice in writing and having failed to remedy the same within 7 days of such notice having been served) of any of the provisions of this Agreement or of his obligations to the Company, the Listed Company or any other Group Company (whether under this Agreement or otherwise) or of any lawful acts or directions of the Board or relevant rules and/or codes issued by or on behalf of any Relevant Stock Exchange or (having been given notice in writing and having failed to remedy the same within 7 days of such notice having been served) is guilty of any continued or successive breaches or non-observance of any of such provisions, obligations, acts or directions, rules and/or codes codes, in spite of written warning to the contrary by the Board;
(B) the Executive is in the reasonable opinion of the Board of the Listed Company or the Executive Chairman negligent or incompetent in the performance of his duties;
(C) the Executive is adjudged bankrupt or enters into any composition or arrangement with or for the benefit of his creditors including a voluntary arrangement under the Insolvency Act of 1986bankrupt;
(D) the Executive is guilty of any fraud or dishonesty or acts in any manner which in the reasonable opinion of the Board of the Listed Company or the Executive Chairman brings or is likely to bring the Company, the Listed Company or any other Group Company into disrepute or is materially adverse to the interests of the Company, the Listed Company or any other Group Company;
(E) the Executive performs any act or omission which in the reasonable opinion of the Board of the Listed Company or the Executive Chairman may seriously damage the interests of the Company, the Listed Company or any other Group Company or willfully or negligently breaches any legislation or any regulation to which the Company, the Listed Company or other Group Company may be subject subject, which may result in any penalties being imposed on him or any Directors of the Company, the Listed Company or other Group Company.
(F) the Executive becomes prohibited by law or is disqualified from being a director or officer of a company;
(G) the Executive is convicted of any criminal offence offense by a court of competent jurisdiction (other than a minor offence offense for which a fine or other non-custodial noncustodial penalty is imposed);
(H) the Executive commits any act of deliberate discrimination or harassment on grounds of race, sex, disability, sexual orientation, religion or belief or age;
(I) the Executive becomes is adjudged of unsound mind or a patient for the purpose of any statute relating to mental health;
(J) the Executive is convicted of an offence under the Criminal Justice ▇▇▇ ▇▇▇▇ (or the Financial Services Authority becomes entitled to impose a penalty on the Executive pursuant to section 123 of the Financial Services and Markets Act 2000) or the Executive is otherwise convicted or found liable under any other present or future statutory enactment or regulation relating to insider dealing and/or market abuse;
(K) the Executive resigns as a director or officer of the Company other than at the request of the Company;
(L) the Client requires the Company to cause the Executive to cease providing services to it pursuant to clause 3.4 of the Services Memorandum; or
(MJ) the Executive commits any other act warranting summary termination at common law under applicable including (but not limited to) any act justifying dismissal without notice in the terms of the Company’s generally-applicable Disciplinary Rules in place from time to time.
17.2 The CompanyCompany shall not terminate Executive’s normal retirement age employment for Cause unless Executive is 65 and subject to any statutory right to request that his retirement be extended to a greater age including the service of notices in respect provided written notice of the samealleged grounds for Cause under sub-clauses (A), the employment of the Executive shall automatically terminate on the (B), (C), (E), or (J) and a thirty (30) day upon which the Executive reaches the age of 65period to cure.
17.3 The termination of the Executive’s employment hereunder for whatsoever reason shall not affect those terms of this Agreement which are expressed to have effect after such termination and shall be without prejudice to any accrued rights or remedies of the partiesParties.
17.4 On the termination of the Executive’s employment either summarily or otherwise, or at any other time in accordance with instructions given to him by the BoardBoard of the Listed Company or the Executive Chairman, the Executive will immediately return to the Company all equipment, correspondence, records, specifications, software, models, notes, reports and other documents and any copies thereof and any other property belonging to the Company, the Listed Company or any other Group Company (including but not limited to credit cards, keys and passes) which are in the Executive’s possession or under his control.
17.5 On the termination of the Executive’s employment either summarily or otherwise, or at any other time in accordance with instructions given to him by the BoardBoard of the Listed Company or the Executive Chairman, the Executive will immediately irretrievably delete any information relating to the business of the Company, the Listed Company or any other Group Company stored on any magnetic or optical disk or memory and all matter derived from such sources which is in his possession or under his control outside the premises of the Company, the Listed Company or any other Group Company.
17.6 Upon the request of the BoardBoard of the Listed Company, the Executive will provide a signed written statement that he has fully complied with his obligations under clauses 17.4 and/or 17.5 and the Company may withhold any sums owing to the Executive on the Termination Date until the obligations in clause 17.4 and/or 17.5 have been complied with.
Appears in 2 contracts
Sources: Employment Agreement (Global Ship Lease, Inc.), Employment Agreement (Global Ship Lease, Inc.)
Summary Termination. 17.1 22.1 The employment of Company may terminate the Executive may be terminated by the Company Employment at any time, without notice or payment pay in lieu of notice notice, and with no liability to make any further payment to you, save for the amounts accrued due to the Termination Date, if:
(Aa) the Executive is guilty you commit any act of misconduct or commits any serious breach or non-observance (and in the case of any gross misconduct, serious breach or non-observance which is capable of being remedied by the Executive, having been given notice in writing and having failed to remedy the same within 7 days of such notice having been served) of any of the provisions of this Agreement or of his obligations to the Company or any Group Company (whether under this Agreement or otherwise) or any lawful acts or directions of the Board or relevant rules and/or codes issued by or on behalf of any Relevant Stock Exchange or (having been given notice in writing and having failed to remedy the same within 7 days of such notice having been served) is guilty of any continued or successive breaches or non-observance of any of such provisions, obligations, acts or directions, rules and/or codes in spite of written warning to the contrary by the Board;
(Bb) your conduct {whether or not it occurs during or in the Executive context of the Employment) is such that it may in the reasonable opinion of the Board negligent bring the Company and/or any Group Company into disrepute and/or is calculated or incompetent in likely prejudicially to affect the performance interests of his dutiesthe Company and/or any Group Company;
(Cc) the Executive is adjudged bankrupt or enters into any composition or arrangement with or for the benefit of his creditors including a voluntary arrangement under the Insolvency Act of 1986;
(D) the Executive is guilty of any fraud or dishonesty or acts in any manner which you are negligent and/or incompetent in the reasonable opinion of the Board brings or is likely to bring in the Company or any Group Company into disrepute or is materially adverse to the interests performance of the Company or any Group Companyyour Duties;
(Ed) the Executive performs you commit any act serious or omission which in the reasonable opinion repeated breach of the Board may seriously damage the interests of the Company or any Group Company or willfully or negligently breaches any legislation or any regulation to which the Company or Group Company may be subject which may result in any penalties being imposed on him or any Directors of the Company or Group Company.
(F) the Executive becomes prohibited by law or is disqualified from being a director or officer of a companythis Agreement;
(Ge) the Executive is you are convicted of any criminal offence by a court of competent jurisdiction (other than a minor an offence under the road traffic legislation in the United Kingdom or abroad for which a fine you are not sentenced to any term of imprisonment, whether immediate or other non-custodial penalty is imposedsuspended);
(Hf) the Executive commits you commit any act of deliberate discrimination fraud or harassment on grounds dishonesty or corrupt practice or a breach of racethe ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ relating to the Company and/or any Group Company, sexany of its or their employees, disability, sexual orientation, religion customers or belief or ageotherwise;
(Ig) you become prohibited by law from being a director, you are removed from office of director pursuant to the Executive becomes Company’s articles of association or you resign as a director other than with the prior written approval or at the written request of the Board or pursuant to clause 26;
(h) you become of unsound mind or a patient for the purpose purposes of any statute relating to mental healthhealth so that in the opinion of the Board you are unable to perform your Duties;
(Ji) a bankruptcy petition is presented against you or you become bankrupt or an interim order is made in respect of you pursuant to section 252 of the Executive is convicted of an offence under the Criminal Justice Insolvency ▇▇▇ ▇▇▇▇ or you make any arrangement or composition with your creditors generally (or the Financial Services Authority becomes entitled to impose a penalty on the Executive pursuant to section 123 of the Financial Services and Markets Act 2000including an Individual Voluntary Arrangement) or have a County Court administration order made against you under the Executive is otherwise convicted or found liable under any other present or future statutory enactment or regulation relating to insider dealing and/or market abuse;County Court ▇▇▇ ▇▇▇▇.
(K) the Executive resigns as a director or officer 22.2 The rights of the Company other than at the request of the Company;
(L) the Client requires the Company to cause the Executive to cease providing services to it pursuant to under clause 3.4 of the Services Memorandum; or
(M) the Executive commits any other act warranting summary termination at common law including (but not limited to) any act justifying dismissal without notice in the terms of the Company’s generally-applicable Disciplinary Rules in place from time to time.
17.2 The Company’s normal retirement age is 65 and subject to any statutory right to request that his retirement be extended to a greater age including the service of notices in respect of the same, the employment of the Executive shall automatically terminate on the day upon which the Executive reaches the age of 65.
17.3 The termination of the Executive’s employment hereunder for whatsoever reason shall not affect those terms of this Agreement which 22.1 are expressed to have effect after such termination and shall be without prejudice to any accrued other rights that it may have at law to terminate the Employment or remedies accept any breach of this Agreement by you as having brought the parties.
17.4 On the termination of the Executive’s employment either summarily or otherwise, or at Agreement to an end and any other time in accordance with instructions given to him delay by the Board, the Executive will immediately return to the Company all equipment, correspondence, records, specifications, software, models, notes, reports and other documents and any copies thereof and any other property belonging to the Company or any Group Company (including but in exercising its rights under clause 22.1 shall not limited to credit cards, keys and passes) which are in the Executive’s possession or under his controlconstitute a waiver of such rights.
17.5 On the termination of the Executive’s employment either summarily or otherwise, or at any other time in accordance with instructions given to him by the Board, the Executive will immediately irretrievably delete any information relating to the business of the Company or any Group Company stored on any magnetic or optical disk or memory and all matter derived from such sources which is in his possession or under his control outside the premises of the Company or any Group Company.
17.6 Upon the request of the Board, the Executive will provide a signed written statement that he has fully complied with his obligations under clauses 17.4 and/or 17.5 and the Company may withhold any sums owing to the Executive on the Termination Date until the obligations in clause 17.4 and/or 17.5 have been complied with.
Appears in 2 contracts
Sources: Service Agreement (Tiziana Life Sciences PLC), Service Agreement (Tiziana Life Sciences PLC)
Summary Termination. 17.1 The employment of the Executive may be terminated by the Company without notice or payment (to the fullest extent permitted under the law, in lieu which case, for the avoidance of notice ifdoubt, the provision of art. 5
(1) second sentence of Law 3198/1955 shall be applicable) for “Cause”, which shall mean:
(A) the Executive is guilty of misconduct or commits any serious breach or non-observance (and in the case of any misconduct, serious breach or non-observance which is capable of being remedied by the Executive, having been given notice in writing and having failed to remedy the same within 7 days of such notice having been served) of any of the provisions of this Agreement or of his obligations to the Company, the Listed Company or any other Group Company (whether under this Agreement or otherwise) or of any lawful acts or directions of the Board or relevant rules and/or codes issued by or on behalf of any Relevant Stock Exchange or (having been given notice in writing and having failed to remedy the same within 7 days of such notice having been served) is guilty of any continued or successive breaches or non-observance of any of such provisions, obligations, acts or directions, rules and/or codes codes, in spite of written warning to the contrary by the Board;
(B) the Executive is in the reasonable opinion of the Board of the Listed Company negligent or incompetent in the performance of his duties;
(C) the Executive is adjudged bankrupt or enters into any composition or arrangement with or for the benefit of his creditors including a voluntary arrangement under the Insolvency Act of 1986bankrupt;
(D) the Executive is guilty of any fraud or dishonesty or acts in any manner which in the reasonable opinion of the Board of the Listed Company brings or is likely to bring the Company, the Listed Company or any other Group Company into disrepute or is materially adverse to the interests of the Company, the Listed Company or any other Group Company;
(E) the Executive performs any act or omission which in the reasonable opinion of the Board of the Listed Company may seriously damage the interests of the Company, the Listed Company or any other Group Company or willfully or negligently breaches any legislation or any regulation to which the Company, the Listed Company or other Group Company may be subject subject, which may result in any penalties being imposed on him or any Directors of the Company, the Listed Company or other Group Company.
(F) the Executive becomes prohibited by law or is disqualified from being a director or officer of a company;
(G) the Executive is convicted of any criminal offence offense by a court of competent jurisdiction (other than a minor offence offense for which a fine or other non-custodial noncustodial penalty is imposed);
(H) the Executive commits any act of deliberate discrimination or harassment on grounds of race, sex, disability, sexual orientation, religion or belief or age;
(I) the Executive becomes is adjudged of unsound mind or a patient for the purpose of any statute relating to mental health;
(J) the Executive is convicted of an offence under the Criminal Justice ▇▇▇ ▇▇▇▇ (or the Financial Services Authority becomes entitled to impose a penalty on the Executive pursuant to section 123 of the Financial Services and Markets Act 2000) or the Executive is otherwise convicted or found liable under any other present or future statutory enactment or regulation relating to insider dealing and/or market abuse;
(K) the Executive resigns as a director or officer of the Company other than at the request of the Company;
(L) the Client requires the Company to cause the Executive to cease providing services to it pursuant to clause 3.4 of the Services Memorandum; or
(MJ) the Executive commits any other act warranting summary termination at common under applicable law including (but not limited to) any act justifying dismissal without notice in the terms of the Company’s generally-applicable Disciplinary Rules in place from time to time.
17.2 The CompanyCompany shall not terminate Executive’s normal retirement age employment for Cause unless Executive is 65 and subject to any statutory right to request that his retirement be extended to a greater age including the service of notices in respect provided written notice of the samealleged grounds for Cause under sub-clauses (A), the employment of the Executive shall automatically terminate on the (B), (C), (E), or (J) and a thirty (30) day upon which the Executive reaches the age of 65period to cure.
17.3 The termination of the Executive’s employment hereunder for whatsoever reason shall not affect those terms of this Agreement which are expressed to have effect after such termination and shall be without prejudice to any accrued rights or remedies of the partiesParties.
17.4 On the termination of the Executive’s employment either summarily or otherwise, or at any other time in accordance with instructions given to him by the BoardBoard of the Listed Company, the Executive will immediately return to the Company all equipment, correspondence, records, specifications, software, models, notes, reports and other documents and any copies thereof and any other property belonging to the Company, the Listed Company or any other Group Company (including but not limited to credit cards, keys and passes) which are in the Executive’s possession or under his control.
17.5 On the termination of the Executive’s employment either summarily or otherwise, or at any other time in accordance with instructions given to him by the BoardBoard of the Listed Company, the Executive will immediately irretrievably delete any information relating to the business of the Company, the Listed Company or any other Group Company stored on any magnetic or optical disk or memory and all matter derived from such sources which is in his possession or under his control outside the premises of the Company, the Listed Company or any other Group Company.
17.6 Upon the request of the BoardBoard of the Listed Company, the Executive will provide a signed written statement that he has fully complied with his obligations under clauses 17.4 and/or 17.5 and the Company may withhold any sums owing to the Executive on the Termination Date until the obligations in clause 17.4 and/or 17.5 have been complied with.
Appears in 2 contracts
Sources: Employment Agreement (Global Ship Lease, Inc.), Employment Agreement (Global Ship Lease, Inc.)
Summary Termination. 17.1 The employment of the Executive may be terminated by the Company without notice or payment in lieu of notice if:
(A) the Executive is guilty of misconduct or commits any serious breach or non-observance (and in the case of any misconduct, serious breach or non-observance which is capable of being remedied by the Executive, having been given notice in writing and having failed to remedy the same within 7 days of such notice having been served) of any of the provisions of this Agreement or of his her obligations to the Company or any Group Company (whether under this Agreement or otherwise) or any lawful acts or directions of the Board or relevant rules and/or codes issued by or on behalf of any Relevant Stock Exchange or (having been given notice in writing and having failed to remedy the same within 7 days of such notice having been served) is guilty of any continued or successive breaches or non-observance of any of such provisions, obligations, acts or directions, rules and/or codes in spite of written warning to the contrary by the Board;
(B) the Executive is in the reasonable opinion of the Board negligent or incompetent in the performance of his her duties;
(C) the Executive is adjudged bankrupt or enters into any composition or arrangement with or for the benefit of his her creditors including a voluntary arrangement under the Insolvency Act of 1986;
(D) the Executive is guilty of any fraud or dishonesty or acts in any manner which in the reasonable opinion of the Board brings or is likely to bring the Company or any Group Company into disrepute or is materially adverse to the interests of the Company or any Group Company;
(E) the Executive performs any act or omission which in the reasonable opinion of the Board may seriously damage the interests of the Company or any Group Company or willfully or negligently breaches any legislation or any regulation to which the Company or Group Company may be subject which may result in any penalties being imposed on him her or any Directors of the Company or Group Company.
(F) the Executive becomes prohibited by law or is disqualified from being a director or officer of a company;
(G) the Executive is convicted of any criminal offence by a court of competent jurisdiction (other than a minor offence for which a fine or other non-custodial penalty is imposed);
(H) the Executive commits any act of deliberate discrimination or harassment on grounds of race, sex, disability, sexual orientation, religion or belief or age;
(I) the Executive becomes of unsound mind or a patient for the purpose of any statute relating to mental health;
(J) the Executive is convicted of an offence under the Criminal Justice ▇▇▇ ▇▇▇▇ (or the Financial Services Authority becomes entitled to impose a penalty on the Executive pursuant to section 123 of the Financial Services and Markets Act 2000) or the Executive is otherwise convicted or found liable under any other present or future statutory enactment or regulation relating to insider dealing and/or market abuse;
(K) the Executive resigns as a director or officer of the Company other than at the request of the Company;
(L) the Client requires the Company to cause the Executive to cease providing services to it pursuant to clause 3.4 of the Services Memorandum; or
(M) the Executive commits any other act warranting summary termination at common law including (but not limited to) any act justifying dismissal without notice in the terms of the Company’s generally-applicable Disciplinary Rules in place from time to time.
17.2 The Company’s normal retirement age is 65 and subject to any statutory right to request that his her retirement be extended to a greater age including the service of notices in respect of the same, the employment of the Executive shall automatically terminate on the day upon which the Executive reaches the age of 65.
17.3 The termination of the Executive’s employment hereunder for whatsoever reason shall not affect those terms of this Agreement which are expressed to have effect after such termination and shall be without prejudice to any accrued rights or remedies of the parties.
17.4 On the termination of the Executive’s employment either summarily or otherwise, or at any other time in accordance with instructions given to him her by the Board, the Executive will immediately return to the Company all equipment, correspondence, records, specifications, software, models, notes, reports and other documents and any copies thereof and any other property belonging to the Company or any Group Company (including but not limited to credit cards, keys and passes) which are in the Executive’s possession or under his her control.
17.5 On the termination of the Executive’s employment either summarily or otherwise, or at any other time in accordance with instructions given to him her by the Board, the Executive will immediately irretrievably delete any information relating to the business of the Company or any Group Company stored on any magnetic or optical disk or memory and all matter derived from such sources which is in his her possession or under his her control outside the premises of the Company or any Group Company.
17.6 Upon the request of the Board, the Executive will provide a signed written statement that he she has fully complied with his her obligations under clauses 17.4 and/or 17.5 and the Company may withhold any sums owing to the Executive on the Termination Date until the obligations in clause 17.4 and/or 17.5 have been complied with.
Appears in 1 contract
Summary Termination. 17.1 The employment of the Executive may be terminated by the Company without notice or payment (to the fullest extent permitted under the law, in lieu which case, for the avoidance of notice ifdoubt, the provision of art. 5
(1) second sentence of Law 3198/1955 shall be applicable) for "Cause", which shall mean:
(A) the Executive is guilty of misconduct or commits any serious breach or non-observance (and in the case of any misconduct, serious breach or non-observance which is capable of being remedied by the Executive, having been given notice in writing and having failed to remedy the same within 7 days of such notice having been served) nonobservance of any of the provisions of this Agreement or of his obligations to the Company, the Listed Company or any other Group Company (whether under this Agreement or otherwise) or of any lawful acts or directions of the Board or relevant rules and/or codes issued by or on behalf of any Relevant Stock Exchange or (having been given notice in writing and having failed to remedy the same within 7 days of such notice having been served) is guilty of any continued or successive breaches or non-observance of any of such provisions, obligations, acts or directions, rules and/or codes codes, in spite of written warning to the contrary by the Board;
(B) the Executive is in the reasonable opinion of the Board of the Listed Company or the Executive Chairman negligent or incompetent in the performance of his duties;
(C) the Executive is adjudged bankrupt or enters into any composition or arrangement with or for the benefit of his creditors including a voluntary arrangement under the Insolvency Act of 1986bankrupt;
(D) the Executive is guilty of any fraud or dishonesty or acts in any manner which in the reasonable opinion of the Board of the Listed Company or the Executive Chairman brings or is likely to bring the Company, the Listed Company or any other Group Company into disrepute or is materially adverse to the interests of the Company, the Listed Company or any other Group Company;
(E) the Executive performs any act or omission which in the reasonable opinion of the Board of the Listed Company or the Executive Chairman may seriously damage the interests of the Company, the Listed Company or any other Group Company or willfully or negligently breaches any legislation or any regulation to which the Company, the Listed Company or other Group Company may be subject subject, which may result in any penalties being imposed on him or any Directors of the Company, the Listed Company or other Group Company.
(F) the Executive becomes prohibited by law or is disqualified from being a director or officer of a company;
(G) the Executive is convicted of any criminal offence offense by a court of competent jurisdiction (other than a minor offence offense for which a fine or other non-custodial noncustodial penalty is imposed);
(H) the Executive commits any act of deliberate discrimination or harassment on grounds of race, sex, disability, sexual orientation, religion or belief or age;
(I) the Executive becomes is adjudged of unsound mind or a patient for the purpose of any statute relating to mental health;
(J) the Executive is convicted of an offence under the Criminal Justice ▇▇▇ ▇▇▇▇ (; or the Financial Services Authority becomes entitled to impose a penalty on the Executive pursuant to section 123 of the Financial Services and Markets Act 2000) or the Executive is otherwise convicted or found liable under any other present or future statutory enactment or regulation relating to insider dealing and/or market abuse;
(K) the Executive resigns as a director or officer of the Company other than at the request of the Company;
(L) the Client requires the Company to cause the Executive to cease providing services to it pursuant to clause 3.4 of the Services Memorandum; or
(M) the Executive commits any other act warranting summary termination at common under applicable law including (but not limited to) any act justifying dismissal without notice in the terms of the Company’s 's generally-applicable Disciplinary Rules in place from time to time.
17.2 The Company’s normal retirement age Company shall not terminate Executive's employment for Cause unless Executive is 65 and subject to any statutory right to request that his retirement be extended to a greater age including the service of notices in respect provided written notice of the samealleged grounds for Cause under sub-clauses (A), the employment of the Executive shall automatically terminate on the (B), (C), (E), or (J) and a thirty (30) day upon which the Executive reaches the age of 65period to cure.
17.3 The termination of the Executive’s 's employment hereunder for whatsoever reason shall not affect those terms of this Agreement which are expressed to have effect after such termination and shall be without prejudice to any accrued rights or remedies of the partiesParties.
17.4 On the termination of the Executive’s 's employment either summarily or otherwise, or at any other time in accordance with instructions given to him by the BoardBoard of the Listed Company or the Executive Chairman, the Executive will immediately return to the Company all equipment, correspondence, records, specifications, software, models, notes, reports and other documents and any copies thereof and any other property belonging to the Company, the Listed Company or any other Group Company (including but not limited to credit cards, keys and passes) which are in the Executive’s 's possession or under his control.
17.5 On the termination of the Executive’s 's employment either summarily or otherwise, or at any other time in accordance with instructions given to him by the BoardBoard of the Listed Company or the Executive Chairman, the Executive will immediately irretrievably delete any information relating to the business of the Company, the Listed Company or any other Group Company stored on any magnetic or optical disk or memory and all matter derived from such sources which is in his possession or under his control outside the premises of the Company, the Listed Company or any other Group Company.
17.6 Upon the request of the BoardBoard of the Listed Company, the Executive will provide a signed written statement that he has fully complied with his obligations under clauses 17.4 and/or 17.5 and the Company may withhold any sums owing to the Executive on the Termination Date until the obligations in clause 17.4 and/or 17.5 have been complied with.
Appears in 1 contract
Summary Termination. 17.1 12.1 The employment of Company may, provided that the Executive may be terminated by Board considers it reasonable to do so, summarily terminate the Employment so that the CFO shall have no claim for damages or otherwise against the Company in respect of such termination (but without notice prejudice to any other remedy or payment in lieu of notice ifremedies which it may have against the CFO) if the CFO shall:
(Aa) become the Executive is guilty subject of misconduct a bankruptcy order or commits any serious breach or non-observance (and in the case of any misconduct, serious breach or non-observance which is capable of being remedied by the Executive, having been given notice in writing and having failed to remedy the same within 7 days of such notice having been served) of any of the provisions of this Agreement or of his obligations to the Company or any Group Company (whether under this Agreement or otherwise) or any lawful acts or directions of the Board or relevant rules and/or codes issued by or on behalf of any Relevant Stock Exchange or (having been given notice in writing and having failed to remedy the same within 7 days of such notice having been served) is guilty of any continued or successive breaches or non-observance of any of such provisions, obligations, acts or directions, rules and/or codes in spite of written warning to the contrary by the Board;
(B) the Executive is in the reasonable opinion of the Board negligent or incompetent in the performance of his duties;
(C) the Executive is adjudged bankrupt or enters into any composition or arrangement with or for the benefit of his creditors including a voluntary arrangement an interim order under the Insolvency Act of 1986;
(D) the Executive is guilty of any fraud or dishonesty or acts in any manner which in the reasonable opinion of the Board brings or is likely to bring the Company or any Group Company into disrepute or is materially adverse to the interests of the Company or any Group Company;
(E) the Executive performs any act or omission which in the reasonable opinion of the Board may seriously damage the interests of the Company or any Group Company or willfully or negligently breaches any legislation or any regulation to which the Company or Group Company may be subject which may result in any penalties being imposed on him or any Directors of the Company or Group Company.
(F) the Executive becomes prohibited by law or is disqualified from being a director or officer of a company;
(G) the Executive is convicted of any criminal offence by a court of competent jurisdiction (other than a minor offence for which a fine or other non-custodial penalty is imposed);
(H) the Executive commits any act of deliberate discrimination or harassment on grounds of race, sex, disability, sexual orientation, religion or belief or age;
(I) the Executive becomes of unsound mind or a patient for the purpose of any statute relating to mental health;
(J) the Executive is convicted of an offence under the Criminal Justice ▇▇▇ ▇▇▇▇ (or the Financial Services Authority becomes entitled to impose a penalty on the Executive pursuant to section 123 of the Financial Services and Markets Act 2000) or the Executive is otherwise convicted or found liable under any other present or future statutory enactment or regulation relating to insider dealing and/or market abuse▇;
(Kb) become a patient for the Executive resigns as a director purposes of Part VII of the Mental Health ▇▇▇ ▇▇▇▇;
(c) be convicted of any criminal offence (other than an offence under road traffic legislation in the United Kingdom or officer elsewhere for which no custodial sentence is imposed) provided always that such conviction brings the reputation of the Company other than at or Group Company into serious question or disrepute and has a material detrimental effect on the request finances or future business prospects of the Company or the Group Company;
(Ld) commit any act of dishonesty, or any other act which may seriously affect his ability to discharge his duties under this Agreement;
(e) be guilty of any serious misconduct or have committed a serious breach of his duties or obligations under this Agreement which is incapable of being remedied or, where any serious misconduct or serious breach is capable of being remedied, is not so remedied within 21 days of receipt by the Client requires CFO of written notice from the Company requiring the CFO to cause remedy the Executive breach or to cease providing services to it pursuant to clause 3.4 refrain from the conduct in question provided always that such serious misconduct brings the reputation of the Services MemorandumCompany or Group Company into serious question or disrepute and has a material detrimental effect on the finances or future business prospects of the Company or the Group Company;
(f) commit an act or so conduct himself in a manner which brings the reputation of the Company or Group Company into serious question or disrepute and which has a material detrimental effect on the finances or future business prospects of the Company; or
(Mg) be found personally liable for misfeasance, fraudulent or wrongful trading under Sections 212, 213 or 214 of the Executive commits Insolvency ▇▇▇ ▇▇▇▇.
12.2 During any period of notice to terminate this Agreement and/or the period not exceeding one month of any disciplinary investigation and/or procedure affecting the CFO, the Company shall in its sole and absolute discretion be entitled to suspend the CFO provided that the CFO shall be entitled to receive Salary, and other act warranting summary termination at common law including (but not limited to) any act justifying dismissal without notice benefits pursuant to this Agreement, in the terms usual way, during such period of suspension. During such period the CFO’s obligations of good faith, confidentiality and exclusive service to the Company remain in force.
12.3 During the period of any suspension, the CFO shall only attend at the offices of the Company or act as representative of the Company if expressly directed to do so by the Company (whereupon the CFO shall so attend as directed by the Company’s generally-applicable Disciplinary Rules in place from time ) but the Company shall not be obliged to timeprovide work to the CFO during the suspension period.
17.2 The Company’s normal retirement age is 65 and subject to any statutory right to request that his retirement be extended to a greater age including the service of notices in respect of the same, the employment of the Executive shall automatically terminate on the day upon which the Executive reaches the age of 65.
17.3 The termination of the Executive’s employment hereunder for whatsoever reason shall not affect those terms of this Agreement which are expressed to have effect after such termination and 12.4 Such suspension shall be without prejudice to any accrued rights or remedies the right of the parties.
17.4 On Company at any time to terminate the termination employment of the Executive’s employment either summarily or otherwise, or at any other time CFO in accordance with instructions given to him by the Board, the Executive will immediately return to the Company all equipment, correspondence, records, specifications, software, models, notes, reports and other documents and any copies thereof and any other property belonging to the Company or any Group Company (including but not limited to credit cards, keys and passes) which are in the Executive’s possession or under his controlprovisions of this Agreement.
17.5 On the termination of the Executive’s employment either summarily or otherwise, or at any other time in accordance with instructions given to him by the Board, the Executive will immediately irretrievably delete any information relating to the business of the Company or any Group Company stored on any magnetic or optical disk or memory and all matter derived from such sources which is in his possession or under his control outside the premises of the Company or any Group Company.
17.6 Upon the request of the Board, the Executive will provide a signed written statement that he has fully complied with his obligations under clauses 17.4 and/or 17.5 and the Company may withhold any sums owing to the Executive on the Termination Date until the obligations in clause 17.4 and/or 17.5 have been complied with.
Appears in 1 contract
Summary Termination. 17.1 The employment of the Executive may be terminated by the Company without notice or payment (to the fullest extent permitted under the law, in lieu which case, for the avoidance of notice ifdoubt, the provision of art. 5
(1) second sentence of Law 3198/1955 shall be applicable) for “Cause”, which shall mean:
(A) the Executive is guilty of misconduct or commits any serious breach or non-observance (and in the case of any misconduct, serious breach or non-observance which is capable of being remedied by the Executive, having been given notice in writing and having failed to remedy the same within 7 days of such notice having been served) of any of the provisions of this Agreement or of his obligations to the Company, the Listed Company or any other Group Company (whether under this Agreement or otherwise) or of any lawful acts or directions of the Board or relevant rules and/or codes issued by or on behalf of any Relevant Stock Exchange or (having been given notice in writing and having failed to remedy the same within 7 days of such notice having been served) is guilty of any continued or successive breaches or non-observance of any of such provisions, obligations, acts or directions, rules and/or codes codes, in spite of written warning to the contrary by the Board;
(B) the Executive is in the reasonable opinion of the Board of the Listed Company or the Executive Chairman negligent or incompetent in the performance of his duties;
(C) the Executive is adjudged bankrupt or enters into any composition or arrangement with or for the benefit of his creditors including a voluntary arrangement under the Insolvency Act of 1986bankrupt;
(D) the Executive is guilty of any fraud or dishonesty or acts in any manner which in the reasonable opinion of the Board of the Listed Company or the Executive Chairman brings or is likely to bring the Company, the Listed Company or any other Group Company into disrepute or is materially adverse to the interests of the Company, the Listed Company or any other Group Company;
(E) the Executive performs any act or omission which in the reasonable opinion of the Board of the Listed Company or the Executive Chairman may seriously damage the interests of the Company, the Listed Company or any other Group Company or willfully or negligently breaches any legislation or any regulation to which the Company, the Listed Company or other Group Company may be subject subject, which may result in any penalties being imposed on him or any Directors of the Company, the Listed Company or other Group Company.
(F) the Executive becomes prohibited by law or is disqualified from being a director or officer of a company;
(G) the Executive is convicted of any criminal offence offense by a court of competent jurisdiction (other than a minor offence offense for which a fine or other non-custodial noncustodial penalty is imposed);
(H) the Executive commits any act of deliberate discrimination or harassment on grounds of race, sex, disability, sexual orientation, religion or belief or age;
(I) the Executive becomes is adjudged of unsound mind or a patient for the purpose of any statute relating to mental health;
(J) the Executive is convicted of an offence under the Criminal Justice ▇▇▇ ▇▇▇▇ (or the Financial Services Authority becomes entitled to impose a penalty on the Executive pursuant to section 123 of the Financial Services and Markets Act 2000) or the Executive is otherwise convicted or found liable under any other present or future statutory enactment or regulation relating to insider dealing and/or market abuse;
(K) the Executive resigns as a director or officer of the Company other than at the request of the Company;
(L) the Client requires the Company to cause the Executive to cease providing services to it pursuant to clause 3.4 of the Services Memorandum; or
(MJ) the Executive commits any other act warranting summary termination at common law including (but not limited to) any act justifying dismissal without notice in the terms of the Company’s generally-applicable Disciplinary Rules in place from time to time.
17.2 The CompanyCompany shall not terminate Executive’s normal retirement age employment for Cause unless Executive is 65 and subject to any statutory right to request that his retirement be extended to a greater age including the service of notices in respect provided written notice of the samealleged grounds for Cause under sub-clauses (A), the employment of the Executive shall automatically terminate on the (B), (C), (E), or (J) and a thirty (30) day upon which the Executive reaches the age of 65period to cure.
17.3 The termination of the Executive’s employment hereunder for whatsoever reason shall not affect those terms of this Agreement which are expressed to have effect after such termination and shall be without prejudice to any accrued rights or remedies of the parties.
17.4 On the termination of the Executive’s employment either summarily or otherwise, or at any other time in accordance with instructions given to him by the BoardBoard of the Listed Company or the Executive Chairman, the Executive will immediately return to the Company all equipment, correspondence, records, specifications, software, models, notes, reports and other documents and any copies thereof and any other property belonging to the Company, the Listed Company or any other Group Company (including but not limited to credit cards, keys and passes) which are in the Executive’s possession or under his control.
17.5 On the termination of the Executive’s employment either summarily or otherwise, or at any other time in accordance with instructions given to him by the BoardBoard of the Listed Company or the Executive Chairman, the Executive will immediately irretrievably delete any information relating to the business of the Company, the Listed Company or any other Group Company stored on any magnetic or optical disk or memory and all matter derived from such sources which is in his possession or under his control outside the premises of the Company, the Listed Company or any other Group Company.
17.6 Upon the request of the BoardBoard of the Listed Company, the Executive will provide a signed written statement that he has fully complied with his obligations under clauses 17.4 and/or 17.5 and the Company may withhold any sums owing to the Executive on the Termination Date until the obligations in clause 17.4 and/or 17.5 have been complied with.
Appears in 1 contract
Summary Termination. 17.1 16.1 The employment of the Executive may be terminated by the Company without notice or payment in lieu of notice if:
(A) the Executive is guilty of misconduct or commits any serious breach or non-observance (and in the case of any misconduct, serious breach or non-observance which is capable of being remedied by the Executive, having been given notice in writing and having failed to remedy the same within 7 days of such notice having been served) of any of the provisions of this Agreement or of his her obligations to the Company or any Group Company (whether under this Agreement or otherwise) or any lawful acts or directions of the Board or relevant rules and/or codes issued by or on behalf of any Relevant Stock Exchange or (having been given notice in writing and having failed to remedy the same within 7 days of such notice having been served) is guilty of any continued or successive breaches or non-observance of any of such provisions, obligations, acts or directions, rules and/or codes in spite of written warning to the contrary by the Board;
(B) the Executive is in the reasonable opinion of the Board negligent or incompetent in the performance of his her duties;
(C) the Executive is adjudged bankrupt or enters into any composition or arrangement with or for the benefit of his her creditors including a voluntary arrangement under the Insolvency Act of 1986▇▇▇ ▇▇▇▇;
(D) the Executive is guilty of any fraud or dishonesty or acts in any manner which in the reasonable opinion of the Board brings or is likely to bring the Company or any Group Company into disrepute or is materially adverse to the interests of the Company or any Group Company;
(E) the Executive performs any act or omission which in the reasonable opinion of the Board may seriously damage the interests of the Company or any Group Company or willfully wilfully or negligently breaches any legislation or any regulation to which the Company or Group Company may be subject which may result in any penalties being imposed on him her or any Directors of the Company or Group Company.;
(F) the Executive becomes prohibited by law or is disqualified from being a director or officer of a company;
(G) the Executive is convicted of any criminal offence by a court of competent jurisdiction (other than a minor offence for which a fine or other non-custodial penalty is imposed);
(H) the Executive commits any act of deliberate discrimination or harassment on grounds of race, sex, disability, sexual orientation, religion or belief or age;
(I) the Executive becomes of unsound mind or a patient for the purpose of any statute relating to mental health;
(J) the Executive is convicted of an offence under the Criminal Justice ▇▇▇ ▇▇▇▇ (or the Financial Services Authority becomes entitled to impose a penalty on the Executive pursuant to section 123 of the Financial Services and Markets Act 2000) or the Executive is otherwise convicted or found liable under any other present or future statutory enactment or regulation relating to insider dealing and/or market abuse;
(K) the Executive resigns as a director or officer of the Company other than at the request of the Company;
(L) the Client requires the Company to cause the Executive to cease providing services to it pursuant to clause 3.4 of the Services Memorandum; or
(M) the Executive commits any other act warranting summary termination at common law including (but not limited to) any act justifying dismissal without notice in the terms of the Company’s generally-applicable Disciplinary Rules in place from time to time.
17.2 16.2 The Company’s normal retirement age is 65 and subject to any statutory right to request that his her retirement be extended to a greater age including the service of notices in respect of the same, the employment of the Executive shall automatically terminate on the day upon which the Executive reaches the age of 65.
17.3 16.3 The termination of the Executive’s employment hereunder for whatsoever reason shall not affect those terms of this Agreement which are expressed to have effect after such termination and shall be without prejudice to any accrued rights or remedies of the parties.
17.4 16.4 On the termination of the Executive’s employment either summarily or otherwise, or at any other time in accordance with instructions given to him her by the Board, the Executive will immediately return to the Company all equipment, correspondence, records, specifications, software, models, notes, reports and other documents and any copies thereof and any other property belonging to the Company or any Group Company (including but not limited to credit cards, keys and passes) which are in the Executive’s possession or under his her control.
17.5 16.5 On the termination of the Executive’s employment either summarily or otherwise, or at any other time in accordance with instructions given to him her by the Board, the Executive will immediately irretrievably delete any information relating to the business of the Company or any Group Company stored on any magnetic or optical disk or memory and all matter derived from such sources which is in his her possession or under his her control outside the premises of the Company or any Group Company.
17.6 16.6 Upon the request of the Board, the Executive will provide a signed written statement that he she has fully complied with his her obligations under clauses 17.4 16.4 and/or 17.5 16.5 and the Company may withhold any sums owing to the Executive on the Termination Date until the obligations in clause 17.4 16.4 and/or 17.5 16.5 have been complied with.
Appears in 1 contract
Summary Termination. 17.1 16.1 The employment of the Executive may be terminated by the Company without notice or payment in lieu of notice if:
(A) the Executive is guilty of misconduct or commits any serious breach or non-observance (and in the case of any misconduct, serious breach or non-observance which is capable of being remedied by the Executive, having been given notice in writing and having failed to remedy the same within 7 days of such notice having been served) of any of the provisions of this Agreement or of his obligations to the Company or any Group Company (whether under this Agreement or otherwise) or any lawful acts or directions of the Board or relevant rules and/or codes issued by or on behalf of any Relevant Stock Exchange or (having been given notice in writing and having failed to remedy the same within 7 days of such notice having been served) is guilty of any continued or successive breaches or non-observance of any of such provisions, obligations, acts or directions, rules and/or codes in spite of written warning to the contrary by the Board;
(B) the Executive is in the reasonable opinion of the Board negligent or incompetent in the performance of his duties;
(C) the Executive is adjudged bankrupt or enters into any composition or arrangement with or for the benefit of his creditors including a voluntary arrangement under the Insolvency Act of 1986▇▇▇ ▇▇▇▇;
(D) the Executive is guilty of any fraud or dishonesty or acts in any manner which in the reasonable opinion of the Board brings or is likely to bring the Company or any Group Company into disrepute or is materially adverse to the interests of the Company or any Group Company;
(E) the Executive performs any act or omission which in the reasonable opinion of the Board may seriously damage the interests of the Company or any Group Company or willfully wilfully or negligently breaches any legislation or any regulation to which the Company or Group Company may be subject which may result in any penalties being imposed on him or any Directors of the Company or Group Company.;
(F) the Executive becomes prohibited by law or is disqualified from being a director or officer of a company;
(G) the Executive is convicted of any criminal offence by a court of competent jurisdiction (other than a minor offence for which a fine or other non-custodial penalty is imposed);
(H) the Executive commits any act of deliberate discrimination or harassment on grounds of race, sex, disability, sexual orientation, religion or belief or age;
(I) the Executive becomes of unsound mind or a patient for the purpose of any statute relating to mental health;
(J) the Executive is convicted of an offence under the Criminal Justice ▇▇▇ ▇▇▇▇ (or the Financial Services Authority becomes entitled to impose a penalty on the Executive pursuant to section 123 of the Financial Services and Markets Act 2000) or the Executive is otherwise convicted or found liable under any other present or future statutory enactment or regulation relating to insider dealing and/or market abuse;
(K) the Executive resigns as a director or officer of the Company other than at the request of the Company;
(L) the Client requires the Company to cause the Executive to cease providing services to it pursuant to clause 3.4 of the Services Memorandum; or
(M) the Executive commits any other act warranting summary termination at common law including (but not limited to) any act justifying dismissal without notice in the terms of the Company’s generally-applicable Disciplinary Rules in place from time to time.
17.2 16.2 The Company’s normal retirement age is 65 and subject to any statutory right to request that his retirement be extended to a greater age including the service of notices in respect of the same, the employment of the Executive shall automatically terminate on the day upon which the Executive reaches the age of 65.
17.3 16.3 The termination of the Executive’s employment hereunder for whatsoever reason shall not affect those terms of this Agreement which are expressed to have effect after such termination and shall be without prejudice to any accrued rights or remedies of the parties.
17.4 16.4 On the termination of the Executive’s employment either summarily or otherwise, or at any other time in accordance with instructions given to him by the Board, the Executive will immediately return to the Company all equipment, correspondence, records, specifications, software, models, notes, reports and other documents and any copies thereof and any other property belonging to the Company or any Group Company (including but not limited to credit cards, keys and passes) which are in the Executive’s possession or under his control.
17.5 16.5 On the termination of the Executive’s employment either summarily or otherwise, or at any other time in accordance with instructions given to him by the Board, the Executive will immediately irretrievably delete any information relating to the business of the Company or any Group Company stored on any magnetic or optical disk or memory and all matter derived from such sources which is in his possession or under his control outside the premises of the Company or any Group Company.
17.6 16.6 Upon the request of the Board, the Executive will provide a signed written statement that he has fully complied with his obligations under clauses 17.4 16.4 and/or 17.5 16.5 and the Company may withhold any sums owing to the Executive on the Termination Date until the obligations in clause 17.4 16.4 and/or 17.5 16.5 have been complied with.
Appears in 1 contract
Summary Termination. 17.1 The employment of the Executive may be terminated by the Company without notice or payment in lieu of notice if:
(A) the Executive is guilty of misconduct or commits any serious breach or non-observance (and in the case of any misconduct, serious breach or non-observance which is capable of being remedied by the Executive, having been given notice in writing and having failed to remedy the same within 7 days of such notice having been served) of any of the provisions of this Agreement or of his obligations to the Company or any Group Company (whether under this Agreement or otherwise) or any lawful acts or directions of the Board or relevant rules and/or codes issued by or on behalf of any Relevant Stock Exchange or (having been given notice in writing and having failed to remedy the same within 7 days of such notice having been served) is guilty of any continued or successive breaches or non-observance of any of such provisions, obligations, acts or directions, rules and/or codes in spite of written warning to the contrary by the Board;
(B) the Executive is in the reasonable opinion of the Board negligent or incompetent in the performance of his duties;
(C) the Executive is adjudged bankrupt or enters into any composition or arrangement with or for the benefit of his creditors including a voluntary arrangement under the Insolvency Act of 1986▇▇▇ ▇▇▇▇;
(D) the Executive is guilty of any fraud or dishonesty or acts in any manner which in the reasonable opinion of the Board brings or is likely to bring the Company or any Group Company into disrepute or is materially adverse to the interests of the Company or any Group Company;
(E) the Executive performs any act or omission which in the reasonable opinion of the Board may seriously damage the interests of the Company or any Group Company or willfully wilfully or negligently breaches any legislation or any regulation to which the Company or Group Company may be subject which may result in any penalties being imposed on him or any Directors of the Company or Group Company.;
(F) the Executive becomes prohibited by law or is disqualified from being a director or officer of a company;
(G) the Executive is convicted of any criminal offence by a court of competent jurisdiction (other than a minor offence for which a fine or other non-custodial penalty is imposed);
(H) the Executive commits any act of deliberate discrimination or harassment on grounds of race, sex, disability, sexual orientation, religion or belief or age;
(I) the Executive becomes of unsound mind or a patient for the purpose of any statute relating to mental health;
(J) the Executive is convicted of an offence under the Criminal Justice ▇▇▇ ▇▇▇▇ (or the Financial Services Authority becomes entitled to impose a penalty on the Executive pursuant to section 123 of the Financial Services and Markets Act 2000) or the Executive is otherwise convicted or found liable under any other present or future statutory enactment or regulation relating to insider dealing and/or market abuse;
(K) the Executive resigns as a director or officer of the Company other than at the request of the Company;
(L) the Client requires the Company to cause the Executive to cease providing services to it pursuant to clause 3.4 of the Services Memorandum; or
(M) the Executive commits any other act warranting summary termination at common law including (but not limited to) any act justifying dismissal without notice in the terms of the Company’s generally-applicable Disciplinary Rules in place from time to time.
17.2 The Company’s normal retirement age is 65 and subject to any statutory right to request that his retirement be extended to a greater age including the service of notices in respect of the same, the employment of the Executive shall automatically terminate on the day upon which the Executive reaches the age of 65.
17.3 The termination of the Executive’s employment hereunder for whatsoever reason shall not affect those terms of this Agreement which are expressed to have effect after such termination and shall be without prejudice to any accrued rights or remedies of the parties.
17.4 On the termination of the Executive’s employment either summarily or otherwise, or at any other time in accordance with instructions given to him by the Board, the Executive will immediately return to the Company all equipment, correspondence, records, specifications, software, models, notes, reports and other documents and any copies thereof and any other property belonging to the Company or any Group Company (including but not limited to credit cards, keys and passes) which are in the Executive’s possession or under his control.
17.5 On the termination of the Executive’s employment either summarily or otherwise, or at any other time in accordance with instructions given to him by the Board, the Executive will immediately irretrievably delete any information relating to the business of the Company or any Group Company stored on any magnetic or optical disk or memory and all matter derived from such sources which is in his possession or under his control outside the premises of the Company or any Group Company.
17.6 Upon the request of the Board, the Executive will provide a signed written statement that he has fully complied with his obligations under clauses 17.4 and/or 17.5 and the Company may withhold any sums owing to the Executive on the Termination Date until the obligations in clause 17.4 and/or 17.5 have been complied with.
Appears in 1 contract
Summary Termination. 17.1 The employment of the Executive may be terminated by the Company without notice or payment (to the fullest extent permitted under the law, in lieu which case, for the avoidance of notice ifdoubt, the provision of art. 5
(1) second sentence of Law 3198/1955 shall be applicable) for “Cause”, which shall mean:
(A) the Executive is guilty of misconduct or commits any serious breach or non-observance (and in the case of any misconduct, serious breach or non-observance which is capable of being remedied by the Executive, having been given notice in writing and having failed to remedy the same within 7 days of such notice having been served) of any of the provisions of this Agreement or of his obligations to the Company, the Listed Company or any other Group Company (whether under this Agreement or otherwise) or of any lawful acts or directions of the Board or relevant rules and/or codes issued by or on behalf of any Relevant Stock Exchange or (having been given notice in writing and having failed to remedy the same within 7 days of such notice having been served) is guilty of any continued or successive breaches or non-observance of any of such provisions, obligations, acts or directions, rules and/or codes codes, in spite of written warning to the contrary by the Board;
(B) the Executive is in the reasonable opinion of the Board of the Listed Company negligent or incompetent in the performance of his duties;
(C) the Executive is adjudged bankrupt or enters into any composition or arrangement with or for the benefit of his creditors including a voluntary arrangement under the Insolvency Act of 1986bankrupt;
(D) the Executive is guilty of any fraud or dishonesty or acts in any manner which in the reasonable opinion of the Board of the Listed Company brings or is likely to bring the Company, the Listed Company or any other Group Company into disrepute or is materially adverse to the interests of the Company, the Listed Company or any other Group Company;
(E) the Executive performs any act or omission which in the reasonable opinion of the Board of the Listed Company may seriously damage the interests of the Company, the Listed Company or any other Group Company or willfully or negligently breaches any legislation or any regulation to which the Company, the Listed Company or other Group Company may be subject subject, which may result in any penalties being imposed on him or any Directors of the Company, the Listed Company or other Group Company.
(F) the Executive becomes prohibited by law or is disqualified from being a director or officer of a company;
(G) the Executive is convicted of any criminal offence offense by a court of competent jurisdiction (other than a minor offence offense for which a fine or other non-custodial noncustodial penalty is imposed);
(H) the Executive commits any act of deliberate discrimination or harassment on grounds of race, sex, disability, sexual orientation, religion or belief or age;
(I) the Executive becomes is adjudged of unsound mind or a patient for the purpose of any statute relating to mental health;
(J) the Executive is convicted of an offence under the Criminal Justice ▇▇▇ ▇▇▇▇ (or the Financial Services Authority becomes entitled to impose a penalty on the Executive pursuant to section 123 of the Financial Services and Markets Act 2000) or the Executive is otherwise convicted or found liable under any other present or future statutory enactment or regulation relating to insider dealing and/or market abuse;
(K) the Executive resigns as a director or officer of the Company other than at the request of the Company;
(L) the Client requires the Company to cause the Executive to cease providing services to it pursuant to clause 3.4 of the Services Memorandum; or
(MJ) the Executive commits any other act warranting summary termination at common law including (but not limited to) any act justifying dismissal without notice in the terms of the Company’s generally-applicable Disciplinary Rules in place from time to time.
17.2 The CompanyCompany shall not terminate Executive’s normal retirement age employment for Cause unless Executive is 65 and subject to any statutory right to request that his retirement be extended to a greater age including the service of notices in respect provided written notice of the samealleged grounds for Cause under sub-clauses (A), the employment of the Executive shall automatically terminate on the (B), (C), (E), or (J) and a thirty (30) day upon which the Executive reaches the age of 65period to cure.
17.3 The termination of the Executive’s employment hereunder for whatsoever reason shall not affect those terms of this Agreement which are expressed to have effect after such termination and shall be without prejudice to any accrued rights or remedies of the parties.
17.4 On the termination of the Executive’s employment either summarily or otherwise, or at any other time in accordance with instructions given to him by the BoardBoard of the Listed Company, the Executive will immediately return to the Company all equipment, correspondence, records, specifications, software, models, notes, reports and other documents and any copies thereof and any other property belonging to the Company, the Listed Company or any other Group Company (including but not limited to credit cards, keys and passes) which are in the Executive’s possession or under his control.
17.5 On the termination of the Executive’s employment either summarily or otherwise, or at any other time in accordance with instructions given to him by the BoardBoard of the Listed Company, the Executive will immediately irretrievably delete any information relating to the business of the Company, the Listed Company or any other Group Company stored on any magnetic or optical disk or memory and all matter derived from such sources which is in his possession or under his control outside the premises of the Company, the Listed Company or any other Group Company.
17.6 Upon the request of the BoardBoard of the Listed Company, the Executive will provide a signed written statement that he has fully complied with his obligations under clauses 17.4 and/or 17.5 and the Company may withhold any sums owing to the Executive on the Termination Date until the obligations in clause 17.4 and/or 17.5 have been complied with.
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