Common use of Termination by the University without Cause Clause in Contracts

Termination by the University without Cause. The University shall have the right to terminate Assistant Coach’s employment and this Agreement without any reason and without cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated without cause, (1) all obligations of the University to Assistant Coach pursuant to this Agreement shall cease as of the date of any such termination, (2) Assistant Coach shall be eligible for any post-termination benefits applicable to regular employees of the University (i.e. COBRA insurance eligibility, et al), (3) the University will pay to Assistant Coach, in lieu of any and all other legal remedies or equitable relief available to Assistant Coach, liquidated damages equal to ___ [insert number] year(s) Base Salary that Assistant Coach is receiving at the date of such termination for the duration of the Payout Period, which begins on the date of such termination and ends on __________ [date Payout Period ends]. Such liquidated damages shall be paid on a monthly basis through the Payout Period. Assistant Coach acknowledges his/her obligation to minimize the payments due to him/her under Section 7.B and agrees to make every reasonable effort to obtain other employment as long as the University has the obligation to make payments under Section 7.B. If Assistant Coach obtains new employment by the Payout Period, the University’s financial obligations under Section 7.B shall be reduced by the total compensation received by Assistant Coach in his/her new position, including employee benefits, whether in cash, deferred payments, or in kind. If Assistant Coach’s salary in his/her new position exceeds that which Assistant Coach would have been paid at the University, the University’s financial obligations would immediately cease. Assistant Coach shall immediately, upon acceptance of other employment, notify the Athletics Director in writing of such employment and the total compensation to be paid to Assistant Coach for the employment. In addition, Assistant Coach agrees to provide the University with a copy of his/her W-2 form for each calendar year as long as the University has the obligation to make payments under Section 7.B. For the avoidance of all doubt, the Parties understand and agree that the duty to make the liquidated damages payment shall not be treated as a subsidy for any future employer to pay Assistant Coach less than market value for his/her services. If the University ends this Agreement without cause prior to the termination date stated in Section 3 above, in accordance with the provisions of Section 7.B hereof, the University in no case shall be liable for Assistant Coach’s loss of any collateral business opportunities or any other benefits, perquisites, or income resulting from activities such as, but not limited to, camps, clinics, media appearances, personal appearances, radio, television, internet, marketing and promotional services, apparel or shoe agreements, equipment agreements, consulting relationships, or from any other sources that may result from the University’s termination of this Agreement without cause. [If you included the first (shorter) Section 7.B, you should include the shorter Section 7.C below; If you included the second (longer) Section 7.B, you should include the second (longer) Section 7.C below.]

Appears in 3 contracts

Samples: Coach Employment Agreement, Coach Employment Agreement, Coach Employment Agreement

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Termination by the University without Cause. The University shall have the right to terminate Assistant CoachAthletic Director’s employment and this Agreement without any reason and without cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated without cause, (1) all obligations of the University to Assistant Coach Athletic Director pursuant to this Agreement shall cease as of the date of any such termination, (2) Assistant Coach Athletic Director shall be eligible for any post-termination benefits applicable to regular employees of the University (i.e. COBRA insurance eligibility, et al), and (3) the University will pay to Assistant CoachAthletic Director, in lieu of any and all other legal remedies or equitable relief available to Assistant CoachAthletic Director, liquidated damages equal to ___ [insert number] year(s) Base Salary that Assistant Coach Athletic Director is receiving at the date of such termination for the duration of the Payout Period, which begins on the date of such termination and ends on __________ [date Payout Period ends]. Such liquidated damages shall be paid on a monthly basis through the Payout Period. Assistant Coach Athletic Director acknowledges his/her obligation to minimize the payments due to him/her under Section 7.B and agrees to make every reasonable effort to obtain other employment as long as the University has the obligation to make payments under Section 7.B. If Assistant Coach the Athletic Director obtains new employment by the Payout Periodemployment, the University’s financial obligations under Section 7.B shall be reduced by the total compensation received by Assistant Coach Athletic Director in his/her new position, including employee benefits, whether in cash, deferred payments, or in kind. If Assistant CoachAthletic Director’s salary in his/her new position exceeds that which Assistant Coach Athletic Director would have been paid at the University, the University’s financial obligations would immediately cease. Assistant Coach Athletic Director shall immediately, upon acceptance of other employment, notify the Athletics Director President in writing of such employment and the total compensation to be paid to Assistant Coach Athletic Director for the employment. In addition, Assistant Coach Athletic Director agrees to provide the University with a copy of his/her W-2 form for each calendar year as long as the University has the obligation to make payments under Section 7.B. For the avoidance of all doubt, the Parties understand and agree that the duty to make the liquidated damages payment shall not be treated as a subsidy for any future employer to pay Assistant Coach less than market value for his/her services. If the University ends this Agreement without cause prior to the termination date stated in Section 3 above3, in accordance with the provisions of Section 7.B hereof, the University in no case shall be liable for Assistant CoachAthletic Director’s loss of any collateral business opportunities or any other benefits, perquisites, perquisites or income resulting from activities such as, but not limited to, camps, clinics, media appearancesappearance, personal appearancesappearance, radio, television, internet, marketing and promotional services, apparel or shoe agreements, equipment agreements, consulting relationships, relationships or from any other sources that may result from the University’s termination of this Agreement without cause. [If you included the first (shorter) Section 7.B, you should include the shorter Section 7.C below; If you included the second (longer) Section 7.B, you should must also include the second (longer) Section 7.C below.]

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement

Termination by the University without Cause. The University shall have the right to terminate Assistant Head Coach’s employment and this Agreement without any reason and without cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated without cause, (1) all obligations of the University to Assistant Head Coach pursuant to this Agreement shall cease as of the date of any such termination, (2) Assistant Head Coach shall be eligible for any post-termination benefits applicable to regular employees of the University (i.e. COBRA insurance eligibility, et al), (3) the University will pay to Assistant Head Coach, in lieu of any and all other legal remedies or equitable relief available to Assistant Head Coach, liquidated damages equal to ___ [insert number] year(s) Base Salary that Assistant Head Coach is receiving at the date of such termination for the duration of the Payout Period, which begins on the date of such termination and ends on __________ [date Payout Period ends]. Such liquidated damages shall be paid on a monthly basis through the Payout Period. Assistant Head Coach acknowledges his/her obligation to minimize the payments due to him/her under Section 7.B and agrees to make every reasonable effort to obtain other employment as long as the University has the obligation to make payments under Section 7.B. If Assistant Head Coach obtains new employment by the Payout Period, the University’s financial obligations under Section 7.B shall be reduced by the total compensation received by Assistant Head Coach in his/her new position, including employee benefits, whether in cash, deferred payments, or in kind. If Assistant Head Coach’s salary in his/her new position exceeds that which Assistant Head Coach would have been paid at the University, the University’s financial obligations would immediately cease. Assistant Head Coach shall immediately, upon acceptance of other employment, notify the Athletics Director in writing of such employment and the total compensation to be paid to Assistant Head Coach for the employment. In addition, Assistant Head Coach agrees to provide the University with a copy of his/her W-2 form for each calendar year as long as the University has the obligation to make payments under Section 7.B. For the avoidance of all doubt, the Parties understand and agree that the duty to make the liquidated damages payment shall not be treated as a subsidy for any future employer to pay Assistant Head Coach less than market value for his/her services. If the University ends this Agreement without cause prior to the termination date stated in Section 3 above, in accordance with the provisions of Section 7.B hereof, the University in no case shall be liable for Assistant Head Coach’s loss of any collateral business opportunities or any other benefits, perquisites, perquisites or income resulting from activities such as, but not limited to, camps, clinics, media appearances, personal appearances, radio, television, internet, marketing and promotional services, apparel or shoe agreements, equipment agreements, consulting relationships, relationships or from any other sources that may result from the University’s termination of this Agreement without cause. [If you included the first (shorter) Section 7.B, you should include the shorter Section 7.C below; If you included the second (longer) Section 7.B, you should include the second (longer) Section 7.C below.]

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement

Termination by the University without Cause. The University shall have the right to terminate Assistant CoachAthletics Director’s employment and this Agreement without any reason and without cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated without cause, (1) all obligations of the University to Assistant Coach Athletics Director pursuant to this Agreement shall cease as of the date of any such termination, (2) Assistant Coach Athletics Director shall be eligible for any post-termination benefits applicable to regular employees of the University (i.e. COBRA insurance eligibility, et al), and (3) the University will pay to Assistant CoachAthletics Director, in lieu of any and all other legal remedies or equitable relief available to Assistant CoachAthletics Director, liquidated damages equal to ___ [insert number] year(s) one year’s Base Salary that Assistant Coach Athletics Director is receiving at the date of such termination for the duration of the Payout Period, which begins on the date of such termination and ends on __________ [date Payout Period endsends (a 9-month Payout Period is recommended)]. Such liquidated damages shall be paid on a monthly basis through the Payout Period. Assistant Coach Athletics Director acknowledges his/her obligation to minimize the payments due to him/her under Section 7.B and agrees to make every reasonable effort to obtain other employment as long as the University has the obligation to make payments under Section 7.B. If the Assistant Coach Athletics Director obtains new employment by the Payout Periodemployment, the University’s financial obligations under Section 7.B shall be reduced by the total compensation received by Assistant Coach Athletics Director in his/her new position, including employee benefits, whether in cash, deferred payments, or in kind. If Assistant CoachAthletics Director’s salary in his/her new position exceeds that which Assistant Coach Athletics Director would have been paid at the University, the University’s financial obligations would immediately cease. Assistant Coach Athletics Director shall immediately, upon acceptance of other employment, notify the Athletics Director President in writing of such employment and the total compensation to be paid to Assistant Coach Athletics Director for the employment. In addition, Assistant Coach Athletics Director agrees to provide the University with a copy of his/her W-2 form for each calendar year as long as the University has the obligation to make payments under Section 7.B. For the avoidance of all doubt, the Parties understand and agree that the duty to make the liquidated damages payment shall not be treated as a subsidy for any future employer to pay Assistant Coach Athletics Director less than market value for his/her services. If the University ends this Agreement without cause prior to the termination date stated in Section 3 above3, in accordance with the provisions of Section 7.B hereof, the University in no case shall be liable for Assistant CoachAthletics Director’s loss of any collateral business opportunities or any other benefits, perquisites, perquisites or income resulting from activities such as, but not limited to, camps, clinics, media appearancesappearance, personal appearancesappearance, radio, television, internet, marketing and promotional services, apparel or shoe agreements, equipment agreements, consulting relationships, or from any other sources that may result from the University’s termination of this Agreement without cause. [If you included the first (shorter) Section 7.B, you should include the shorter Section 7.C below; If you included the second (longer) Section 7.B, you should must include the second (longer) Section 7.C below.]

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement

Termination by the University without Cause. The University shall have the right to terminate Assistant CoachAthletics Director’s employment and this Agreement without any reason and without cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated without cause, (1) all obligations of the University to Assistant Coach Athletics Director pursuant to this Agreement shall cease as of the date of any such termination, (2) Assistant Coach Athletics Director shall be eligible for any post-termination benefits applicable to regular employees of the University (i.e. COBRA insurance eligibility, et al), and (3) the University will pay to Assistant CoachAthletics Director, in lieu of any and all other legal remedies or equitable relief available to Assistant CoachAthletics Director, liquidated damages equal to ___ [insert number] year(s) Base Salary that Assistant Coach Athletics Director is receiving at the date of such termination for the duration of the Payout Period, which begins on the date of such termination and ends on __________ [date Payout Period ends]. Such liquidated damages shall be paid on a monthly basis through the Payout Period. Assistant Coach Athletics Director acknowledges his/her obligation to minimize the payments due to him/her under Section 7.B and agrees to make every reasonable effort to obtain other employment as long as the University has the obligation to make payments under Section 7.B. If Assistant Coach the Athletics Director obtains new employment by the Payout Periodemployment, the University’s financial obligations under Section 7.B shall be reduced by the total compensation received by Assistant Coach Athletics Director in his/her new position, including employee benefits, whether in cash, deferred payments, or in kind. If Assistant CoachAthletics Director’s salary in his/her new position exceeds that which Assistant Coach Athletics Director would have been paid at the University, the University’s financial obligations would immediately cease. Assistant Coach Athletics Director shall immediately, upon acceptance of other employment, notify the Athletics Director President in writing of such employment and the total compensation to be paid to Assistant Coach Athletics Director for the employment. In addition, Assistant Coach Athletics Director agrees to provide the University with a copy of his/her W-2 form for each calendar year as long as the University has the obligation to make payments under Section 7.B. For the avoidance of all doubt, the Parties understand and agree that the duty to make the liquidated damages payment shall not be treated as a subsidy for any future employer to pay Assistant Coach Athletics Director less than market value for his/her services. If the University ends this Agreement without cause prior to the termination date stated in Section 3 above3, in accordance with the provisions of Section 7.B hereof, the University in no case shall be liable for Assistant CoachAthletics Director’s loss of any collateral business opportunities or any other benefits, perquisites, perquisites or income resulting from activities such as, but not limited to, camps, clinics, media appearancesappearance, personal appearancesappearance, radio, television, internet, marketing and promotional services, apparel or shoe agreements, equipment agreements, consulting relationships, or from any other sources that may result from the University’s termination of this Agreement without cause. [If you included the first (shorter) Section 7.B, you should include the shorter Section 7.C below; If you included the second (longer) Section 7.B, you should must include the second (longer) Section 7.C below.]

Appears in 2 contracts

Samples: Athletics Director Employment Agreement, Athletics Director Employment Agreement

Termination by the University without Cause. The University shall have the right to terminate Assistant Associate Head Coach’s employment and this Agreement without any reason and without cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated without cause, (1) all obligations of the University to Assistant Associate Head Coach pursuant to this Agreement shall cease as of the date of any such termination, (2) Assistant Associate Head Coach shall be eligible for any post-termination benefits applicable to regular employees of the University (i.e. COBRA insurance eligibility, et al), (3) the University will pay to Assistant Associate Head Coach, in lieu of any and all other legal remedies or equitable relief available to Assistant Associate Head Coach, liquidated damages equal to ___ [insert number] year(s) Base Salary that Assistant Associate Head Coach is receiving at the date of such termination for the duration of the Payout Period, which begins on the date of such termination and ends on __________ [date Payout Period ends]. Such liquidated damages shall be paid on a monthly basis through the Payout Period. Assistant Associate Head Coach acknowledges his/her obligation to minimize the payments due to him/her under Section 7.B and agrees to make every reasonable effort to obtain other employment as long as the University has the obligation to make payments under Section 7.B. If Assistant Associate Head Coach obtains new employment by the Payout Period, the University’s financial obligations under Section 7.B shall be reduced by the total compensation received by Assistant Associate Head Coach in his/her new position, including employee benefits, whether in cash, deferred payments, or in kind. If Assistant Associate Head Coach’s salary in his/her new position exceeds that which Assistant Associate Head Coach would have been paid at the University, the University’s financial obligations would immediately cease. Assistant Associate Head Coach shall immediately, upon acceptance of other employment, notify the Athletics Director in writing of such employment and the total compensation to be paid to Assistant Associate Head Coach for the employment. In addition, Assistant Associate Head Coach agrees to provide the University with a copy of his/her W-2 form for each calendar year as long as the University has the obligation to make payments under Section 7.B. For the avoidance of all doubt, the Parties understand and agree that the duty to make the liquidated damages payment shall not be treated as a subsidy for any future employer to pay Assistant Associate Head Coach less than market value for his/her services. If the University ends this Agreement without cause prior to the termination date stated in Section 3 above, in accordance with the provisions of Section 7.B hereof, the University in no case shall be liable for Assistant Associate Head Coach’s loss of any collateral business opportunities or any other benefits, perquisites, perquisites or income resulting from activities such as, but not limited to, camps, clinics, media appearancesappearance, personal appearancesappearance, radio, television, internet, marketing and promotional services, apparel or shoe agreements, equipment agreements, consulting relationships, or from any other sources that may result from the University’s termination of this Agreement without cause. [If you included the first (shorter) Section 7.B, you should include the shorter Section 7.C below; If you included the second (longer) Section 7.B, you should must include the second (longer) Section 7.C below.]

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement

Termination by the University without Cause. The University shall have the right to terminate Assistant Associate Head Coach’s employment and this Agreement without any reason and without cause prior to the termination date expiration of the Term stated in Section 3 above. In the event this Agreement is terminated without cause, (1) all obligations of the University to Assistant Associate Head Coach pursuant to this Agreement shall cease as of the date of any such termination, (2) Assistant Associate Head Coach shall be eligible for any post-termination benefits applicable to regular employees of the University (i.e. COBRA insurance eligibility, et al), and (3) the University will pay to Assistant Associate Head Coach, in lieu of any and all other legal remedies or equitable relief available to Assistant Associate Head Coach, liquidated damages equal to ___ [insert number] year(sone hundred percent (100%) of the total remaining Base Salary that Assistant due to Associate Head Coach is receiving at through the date of such termination for the duration expiration of the otherwise unexpired Term stated in Section 3 (the “Payout Period, which begins on the date of such termination and ends on __________ [date Payout Period ends]”). Such liquidated damages shall be paid in installments on a monthly basis through the Payout Period. Assistant Associate Head Coach acknowledges his/her obligation to that he will minimize the payments due to him/her him under Section 7.B and agrees to make every reasonable effort to obtain other new basketball-related employment as long as the University has the obligation to make payments under Section 7.B. Associate Head Coach agrees any new employment shall include customary and reasonable terms and conditions of compensation, without structuring or timing compensation to avoid minimizing the payments owed by the University. If Assistant Associate Head Coach obtains new basketball-related employment by during the Payout Period, the University’s financial obligations under Section 7.B shall be reduced by taking an offset in the total amount of one hundred percent (100%) of the compensation received in the same corresponding year by Assistant Associate Head Coach in his/her his new position, including employee benefits, whether in cash, deferred payments, or in kind. If Assistant Coach’s salary in his/her new position exceeds that which Assistant Coach would have been paid at the University, the University’s financial obligations would immediately cease. Assistant Associate Head Coach shall immediately, upon acceptance of other new basketball-related employment, notify the Athletics Director in writing of such employment and the total compensation to be paid to Assistant Associate Head Coach for the employment. In addition, Assistant Associate Head Coach agrees to provide the University with a copy of his/her his W-2 form or other relevant tax form(s) for each calendar year as long as the University has the obligation to make payments under Section 7.B. For the avoidance of all doubt, the Parties understand and agree that the duty to make the liquidated damages payment shall not be treated as a subsidy for any future employer to pay Assistant Coach less than market value for his/her services. DocuSign Envelope ID: FC89145D-B633-4B6B-BF21-DC875BB0810B If the University ends this Agreement without cause prior to the termination date expiration of the Term stated in Section 3 above, in accordance with the provisions of Section 7.B hereof, the University in no case shall be liable for Assistant Associate Head Coach’s loss of any collateral business opportunities or any other benefits, perquisites, or income resulting from activities such as, but not limited to, camps, clinics, media appearances, personal appearances, radio, television, internet, marketing and promotional services, apparel or shoe agreements, equipment agreements, consulting relationships, or from any other sources that may result from the University’s termination of this Agreement without cause. [If you included the first (shorter) Section 7.B, you should include the shorter Section 7.C below; If you included the second (longer) Section 7.B, you should include the second (longer) Section 7.C below.]

Appears in 1 contract

Samples: Employment Agreement

Termination by the University without Cause. The University shall have the right to terminate Assistant CoachAthletics Director’s employment and this Agreement without any reason and without cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated without cause, (1) all obligations of the University to Assistant Coach Athletics Director pursuant to this Agreement shall cease as of the date of any such termination, (2) Assistant Coach Athletics Director shall be eligible for any post-termination benefits applicable to regular employees of the University (i.e. COBRA insurance eligibility, et al), and (3) the University will pay to Assistant CoachAthletics Director, in lieu of any and all other legal remedies or equitable relief available to Assistant CoachAthletics Director, liquidated damages equal to ___ [insert number] year(s) Base Salary that Assistant Coach Athletics Director is receiving at the date of such termination for the duration of the Payout Period, which begins on the date of such termination and ends on __________ [date Payout Period ends]. Such liquidated damages shall be paid on a monthly basis through the Payout Period. Assistant Coach Athletics Director acknowledges his/her obligation to minimize the payments due to him/her under Section 7.B and agrees to make every reasonable effort to obtain other employment as long as the University has the obligation to make payments under Section 7.B. If Assistant Coach the Athletics Director obtains new employment by the Payout Periodemployment, the University’s financial obligations under Section 7.B shall be reduced by the total compensation received by Assistant Coach Athletics Director in his/her new position, including employee benefits, whether in cash, deferred payments, or in kind. If Assistant CoachAthletics Director’s salary in his/her new position exceeds that which Assistant Coach Athletics Director would have been paid at the University, the University’s financial obligations would immediately cease. Assistant Coach Athletics Director shall immediately, upon acceptance of other employment, notify the Athletics Director President in writing of such employment and the total compensation to be paid to Assistant Coach Athletics Director for the employment. In addition, Assistant Coach Athletics Director agrees to provide the University with a copy of his/her W-2 form for each calendar year as long as the University has the obligation to make payments under Section 7.B. For the avoidance of all doubt, the Parties understand and agree that the duty to make the liquidated damages payment shall not be treated as a subsidy for any future employer to pay Assistant Coach less than market value for his/her services. If the University ends this Agreement without cause prior to the termination date stated in Section 3 above3, in accordance with the provisions of Section 7.B hereof, the University in no case shall be liable for Assistant CoachAthletics Director’s loss of any collateral business opportunities or any other benefits, perquisites, perquisites or income resulting from activities such as, but not limited to, camps, clinics, media appearancesappearance, personal appearancesappearance, radio, television, internet, marketing and promotional services, apparel or shoe agreements, equipment agreements, consulting relationships, or from any other sources that may result from the University’s termination of this Agreement without cause. [If you included the first (shorter) Section 7.B, you should include the shorter Section 7.C below; If you included the second (longer) Section 7.B, you should must also include the second (longer) Section 7.C below.]

Appears in 1 contract

Samples: Athletics Director Employment Agreement

Termination by the University without Cause. The University shall have the right to terminate Assistant Associate Head Coach’s employment and this Agreement without any reason and without cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated without cause, (1) all obligations of the University to Assistant Associate Head Coach pursuant to this Agreement shall cease as of the date of any such termination, (2) Assistant Associate Head Coach shall be eligible for any post-termination benefits applicable to regular employees of the University (i.e. COBRA insurance eligibility, et al), (3) the University will pay to Assistant Associate Head Coach, in lieu of any and all other legal remedies or equitable relief available to Assistant Associate Head Coach, liquidated damages equal to ___ [insert number] year(s) Base Salary that Assistant Associate Head Coach is receiving at the date of such termination for the duration of the Payout Period, which begins on the date of such termination and ends on __________ [date Payout Period ends]. Such liquidated damages shall be paid on a monthly basis through the Payout Period. Assistant Associate Head Coach acknowledges his/her obligation to minimize the payments due to him/her under Section 7.B and agrees to make every reasonable effort to obtain other employment as long as the University has the obligation to make payments under Section 7.B. If Assistant Associate Head Coach obtains new employment by the Payout Period, the University’s financial obligations under Section 7.B shall be reduced by the total compensation received by Assistant Associate Head Coach in his/her new position, including employee benefits, whether in cash, deferred payments, or in kind. If Assistant Associate Head Coach’s salary in his/her new position exceeds that which Assistant Associate Head Coach would have been paid at the University, the University’s financial obligations would immediately cease. Assistant Associate Head Coach shall immediately, upon acceptance of other employment, notify the Athletics Director in writing of such employment and the total compensation to be paid to Assistant Associate Head Coach for the employment. In addition, Assistant Associate Head Coach agrees to provide the University with a copy of his/her W-2 form for each calendar year as long as the University has the obligation to make payments under Section 7.B. For the avoidance of all doubt, the Parties understand and agree that the duty to make the liquidated damages payment shall not be treated as a subsidy for any future employer to pay Assistant Coach less than market value for his/her services. If the University ends this Agreement without cause prior to the termination date stated in Section 3 above, in accordance with the provisions of Section 7.B hereof, the University in no case shall be liable for Assistant Associate Head Coach’s loss of any collateral business opportunities or any other benefits, perquisites, perquisites or income resulting from activities such as, but not limited to, camps, clinics, media appearancesappearance, personal appearancesappearance, radio, television, internet, marketing and promotional services, apparel or shoe agreements, equipment agreements, consulting relationships, or from any other sources that may result from the University’s termination of this Agreement without cause. [If you included the first (shorter) Section 7.B, you should include the shorter Section 7.C below; If you included the second (longer) Section 7.B, you should must also include the second (longer) Section 7.C below.]

Appears in 1 contract

Samples: Employment Agreement

Termination by the University without Cause. The University shall have the right to terminate Assistant CoachAthletic Director’s employment and this Agreement without any reason and without cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated without cause, (1) all obligations of the University to Assistant Coach Athletic Director pursuant to this Agreement shall cease as of the date of any such termination, (2) Assistant Coach Athletic Director shall be eligible for any post-termination benefits applicable to regular employees of the University (i.e. COBRA insurance eligibility, et al), and (3) the University will pay to Assistant CoachAthletic Director, in lieu of any and all other legal remedies or equitable relief available to Assistant CoachAthletic Director, liquidated damages equal to ___ [insert number] year(s) one year’s Base Salary that Assistant Coach Athletic Director is receiving at the date of such termination for the duration of the Payout Period, which begins on the date of such termination and ends on __________ [date Payout Period endsends (a 9-month Payout Period is recommended)]. Such liquidated damages shall be paid on a monthly basis through the Payout Period. Assistant Coach Athletic Director acknowledges his/her obligation to minimize the payments due to him/her under Section 7.B and agrees to make every reasonable effort to obtain other employment as long as the University has the obligation to make payments under Section 7.B. If the Assistant Coach Athletic Director obtains new employment by the Payout Periodemployment, the University’s financial obligations under Section 7.B shall be reduced by the total compensation received by Assistant Coach Athletic Director in his/her new position, including employee benefits, whether in cash, deferred payments, or in kind. If Assistant CoachAthletic Director’s salary in his/her new position exceeds that which Assistant Coach Athletic Director would have been paid at the University, the University’s financial obligations would immediately cease. Assistant Coach Athletic Director shall immediately, upon acceptance of other employment, notify the Athletics Director President in writing of such employment and the total compensation to be paid to Assistant Coach Athletic Director for the employment. In addition, Assistant Coach Athletic Director agrees to provide the University with a copy of his/her W-2 form for each calendar year as long as the University has the obligation to make payments under Section 7.B. For the avoidance of all doubt, the Parties understand and agree that the duty to make the liquidated damages payment shall not be treated as a subsidy for any future employer to pay Assistant Coach less than market value for his/her services. If the University ends this Agreement without cause prior to the termination date stated in Section 3 above3, in accordance with the provisions of Section 7.B hereof, the University in no case shall be liable for Assistant CoachAthletic Director’s loss of any collateral business opportunities or any other benefits, perquisites, perquisites or income resulting from activities such as, but not limited to, camps, clinics, media appearancesappearance, personal appearancesappearance, radio, television, internet, marketing and promotional services, apparel or shoe agreements, equipment agreements, consulting relationships, relationships or from any other sources that may result from the University’s termination of this Agreement without cause. [If you included the first (shorter) Section 7.B, you should include the shorter Section 7.C below; If you included the second (longer) Section 7.B, you should must also include the second (longer) Section 7.C below.]

Appears in 1 contract

Samples: Employment Agreement

Termination by the University without Cause. The University shall have the right to terminate Assistant Coach’s employment and this Agreement without any reason and without cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated without cause, (1) all obligations of the University to Assistant Coach pursuant to this Agreement shall cease as of the date of any such termination, (2) Assistant Coach shall be eligible for any post-termination benefits applicable to regular employees of the University (i.e. COBRA insurance eligibility, et al), (3) the University will pay to Assistant Coach, in lieu of any and all other legal remedies or equitable relief available to Assistant Coach, liquidated damages equal to ___ [insert number] year(s) Base Salary that Assistant Coach is receiving at the date of such termination for the duration of the Payout Period, which begins on the date of such termination and ends on __________ [date Payout Period ends]. Such liquidated damages shall be paid on a monthly basis through the Payout Period. Assistant Coach acknowledges his/her obligation to minimize the payments due to him/her under Section 7.B and agrees to make every reasonable effort to obtain other employment as long as the University has the obligation to make payments under Section 7.B. If Assistant Coach obtains new employment by the Payout Period, the University’s financial obligations under Section 7.B shall be reduced by the total compensation received by Assistant Coach in his/her new position, including employee benefits, whether in cash, deferred payments, or in kind. If Assistant Coach’s salary in his/her new position exceeds that which Assistant Coach would have been paid at the University, the University’s financial obligations would immediately cease. Assistant Coach shall immediately, upon acceptance of other employment, notify the Athletics Athletic Director in writing of such employment and the total compensation to be paid to Assistant Coach for the employment. In addition, Assistant Coach agrees to provide the University with a copy of his/her W-2 form for each calendar year as long as the University has the obligation to make payments under Section 7.B. For the avoidance of all doubt, the Parties understand and agree that the duty to make the liquidated damages payment shall not be treated as a subsidy for any future employer to pay Assistant Coach less than market value for his/her services. If the University ends this Agreement without cause prior to the termination date stated in Section 3 above, in accordance with the provisions of Section 7.B hereof, the University in no case shall be liable for Assistant Coach’s loss of any collateral business opportunities or any other benefits, perquisites, perquisites or income resulting from activities such as, but not limited to, camps, clinics, media appearancesappearance, personal appearancesappearance, radio, television, internet, marketing and promotional services, apparel or shoe agreements, equipment agreements, consulting relationships, relationships or from any other sources that may result from the University’s termination of this Agreement without cause. [If you included the first (shorter) Section 7.B, you should include the shorter Section 7.C below; If you included the second (longer) Section 7.B, you should must also include the second (longer) Section 7.C below.]

Appears in 1 contract

Samples: Coach Employment Agreement

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Termination by the University without Cause. The University shall have the right to terminate Assistant Associate Head Coach’s employment and this Agreement without any reason and without cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated without cause, (1) all obligations of the University to Assistant Associate Head Coach pursuant to this Agreement shall cease as of the date of any such termination, (2) Assistant Associate Head Coach shall be eligible for any post-termination benefits applicable to regular employees of the University (i.e. COBRA insurance eligibility, et al), (3) the University will pay to Assistant Associate Head Coach, in lieu of any and all other legal remedies or equitable relief available to Assistant Associate Head Coach, liquidated damages equal to ___ [insert number] year(s) Base Salary that Assistant Associate Head Coach is receiving at the date of such termination for the duration of the Payout Period, which begins on the date of such termination and ends on __________ [date Payout Period ends]. Such liquidated damages shall be paid on a monthly basis through the Payout Period. Assistant Associate Head Coach acknowledges his/her obligation to minimize the payments due to him/her under Section 7.B and agrees to make every reasonable effort to obtain other employment as long as the University has the obligation to make payments under Section 7.B. If Assistant Associate Head Coach obtains new employment by the Payout Period, the University’s financial obligations under Section 7.B shall be reduced by the total compensation received by Assistant Associate Head Coach in his/her new position, including employee benefits, whether in cash, deferred payments, or in kind. If Assistant Associate Head Coach’s salary in his/her new position exceeds that which Assistant Associate Head Coach would have been paid at the University, the University’s financial obligations would immediately cease. Assistant Associate Head Coach shall immediately, upon acceptance of other employment, notify the Athletics Director in writing of such employment and the total compensation to be paid to Assistant Associate Head Coach for the employment. In addition, Assistant Associate Head Coach agrees to provide the University with a copy of his/her W-2 form for each calendar year as long as the University has the obligation to make payments under Section 7.B. For the avoidance of all doubt, the Parties understand and agree that the duty to make the liquidated damages payment shall not be treated as a subsidy for any future employer to pay Assistant Coach less than market value for his/her services. If the University ends this Agreement without cause prior to the termination date stated in Section 3 above, in accordance with the provisions of Section 7.B hereof, the University in no case shall be liable for Assistant Associate Head Coach’s loss of any collateral business opportunities or any other benefits, perquisites, perquisites or income resulting from activities such as, but not limited to, camps, clinics, media appearancesappearance, personal appearancesappearance, radio, television, internet, marketing and promotional services, apparel or shoe agreements, equipment agreements, consulting relationships, relationships or from any other sources that may result from the University’s termination of this Agreement without cause. [If you included the first (shorter) Section 7.B, you should include the shorter Section 7.C below; If you included the second (longer) Section 7.B, you should must also include the second (longer) Section 7.C below.]

Appears in 1 contract

Samples: Head Coach Employment Agreement

Termination by the University without Cause. The University shall have the right to terminate Assistant CoachVice President and Athletics Director’s employment and this Agreement without any reason and without cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated without cause, (1) all obligations of the University to Assistant Coach Vice President and Athletics Director pursuant to this Agreement shall cease as of the date of any such termination, (2) Assistant Coach Vice President and Athletics Director shall be eligible for any post-termination benefits applicable to regular employees of the University (i.e. COBRA insurance eligibility, et al), and (3) the University will pay to Assistant CoachVice President and Athletics Director, in lieu of any and all other legal remedies or equitable relief available to Assistant CoachVice President and Athletics Director, liquidated damages equal to ___ [insert number] year(s) the Annual Base Salary that Assistant Coach Vice President and Athletics Director is receiving at the date of such termination for the duration of the Payout Period, which begins on the date of such termination and ends on __________ [date Payout Period ends]August 31, 2026. Such liquidated damages shall be paid on a monthly basis through the Payout Period. Assistant Coach In addition, University will pay Vice President and Athletics Director no later than the last day of the month in which University exercises its right to Terminate this Agreement without cause, any performance incentive earned and accrued but unpaid per Section 6.C above, as well as all expenses incurred in the performance of his duties but not yet reimbursed or otherwise received by the date of the termination, less all applicable taxes and other withholdings. Vice President and Athletics Director acknowledges his/her his obligation to minimize the payments due to him/her him under Section 7.B and agrees to make every reasonable effort to obtain other employment as long as the University has the obligation to make payments under this Section 7.B. If Assistant Coach the Vice President and Athletics Director obtains new employment by the Payout Periodemployment, the University’s financial obligations under this Section 7.B shall be reduced by the total compensation received by Assistant Coach Vice President and Athletics Director in his/her his new position, including employee benefits, whether in cash, deferred payments, or in kind. If Assistant CoachVice President and Athletics Director’s salary in his/her his new position exceeds that which Assistant Coach Vice President and Athletics Director would have been paid at the University, the University’s financial obligations would immediately cease. Assistant Coach Vice President and Athletics Director shall immediately, upon acceptance of other employment, notify the Athletics Director President in writing of such employment and the total compensation to be paid to Assistant Coach Vice President and Athletics Director for the employment. In addition, Assistant Coach Vice President and Athletics Director agrees to provide the University with a copy of his/her any and all relevant employment agreements(s) and/or other documentation relating to such employment, his W-2 form (and/or other relevant federal income tax) form(s), his 1099’s, and his federal (and state if applicable) income tax submissions for each calendar year as long as the University has the obligation to make payments under this Section 7.B. For the avoidance of all doubt, the Parties understand and agree that the duty to make the liquidated damages payment shall not be treated as a subsidy for any future employer to pay Assistant Coach Vice President and Athletics Director less than market value for his/her his services. If the University ends this Agreement without cause prior to the termination date stated in Section 3 above3, in accordance with the provisions of Section this 7.B hereof, the University in no case shall be liable for Assistant CoachVice President and Athletics Director’s loss of any collateral business opportunities or any other benefits, perquisites, perquisites or income resulting from activities such as, but not limited to, camps, clinics, media appearancesappearance, personal appearancesappearance, radio, television, internet, marketing and promotional services, apparel or shoe agreements, equipment agreements, consulting relationships, or from any other sources that may result from the University’s termination of this Agreement without cause. [If you included the first (shorter) Section 7.B, you should include the shorter Section 7.C below; If you included the second (longer) Section 7.B, you should include the second (longer) Section 7.C below.]

Appears in 1 contract

Samples: Vice President and Athletics Director Employment Agreement

Termination by the University without Cause. The University shall have the right to terminate Assistant CoachAthletics Director’s employment and this Agreement without any reason and without cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated without cause, (1) all obligations of the University to Assistant Coach Athletics Director pursuant to this Agreement shall cease as of the date of any such termination, (2) Assistant Coach Athletics Director shall be eligible for any post-termination benefits applicable to regular employees of the University (i.e. COBRA insurance eligibility, et al), and (3) the University will pay to Assistant CoachAthletics Director, in lieu of any and all other legal remedies or equitable relief available to Assistant CoachAthletics Director, liquidated damages equal to ___ [insert number] year(s) one year’s Base Salary that Assistant Coach Athletics Director is receiving at the date of such termination for the duration of the Payout Period, which begins on the date of such termination and ends on __________ [date Payout Period endsends (a 9-month Payout Period is recommended)]. Such liquidated damages shall be paid on a monthly basis through the Payout Period. Assistant Coach Athletics Director acknowledges his/her obligation to minimize the payments due to him/her under Section 7.B and agrees to make every reasonable effort to obtain other employment as long as the University has the obligation to make payments under Section 7.B. If the Assistant Coach Athletics Director obtains new employment by the Payout Periodemployment, the University’s financial obligations under Section 7.B shall be reduced by the total compensation received by Assistant Coach Athletics Director in his/her new position, including employee benefits, whether in cash, deferred payments, or in kind. If Assistant CoachAthletics Director’s salary in his/her new position exceeds that which Assistant Coach Athletics Director would have been paid at the University, the University’s financial obligations would immediately cease. Assistant Coach Athletics Director shall immediately, upon acceptance of other employment, notify the Athletics Director President in writing of such employment and the total compensation to be paid to Assistant Coach Athletics Director for the employment. In addition, Assistant Coach Athletics Director agrees to provide the University with a copy of his/her W-2 form for each calendar year as long as the University has the obligation to make payments under Section 7.B. For the avoidance of all doubt, the Parties understand and agree that the duty to make the liquidated damages payment shall not be treated as a subsidy for any future employer to pay Assistant Coach less than market value for his/her services. If the University ends this Agreement without cause prior to the termination date stated in Section 3 above3, in accordance with the provisions of Section 7.B hereof, the University in no case shall be liable for Assistant CoachAthletics Director’s loss of any collateral business opportunities or any other benefits, perquisites, perquisites or income resulting from activities such as, but not limited to, camps, clinics, media appearancesappearance, personal appearancesappearance, radio, television, internet, marketing and promotional services, apparel or shoe agreements, equipment agreements, consulting relationships, relationships or from any other sources that may result from the University’s termination of this Agreement without cause. [If you included the first (shorter) Section 7.B, you should include the shorter Section 7.C below; If you included the second (longer) Section 7.B, you should must also include the second (longer) Section 7.C below.]

Appears in 1 contract

Samples: Athletics Director Employment Agreement

Termination by the University without Cause. The University shall have the right to terminate Assistant CoachAthletics Director’s employment and this Agreement without any reason and without cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated without cause, (1) all obligations of the University to Assistant Coach Athletics Director pursuant to this Agreement shall cease as of the date of any such termination, (2) Assistant Coach Athletics Director shall be eligible for any post-termination benefits applicable to regular employees of the University (i.e. COBRA insurance eligibility, et al), and (3) the University will pay to Assistant CoachAthletics Director, in lieu of any and all other legal remedies or equitable relief available to Assistant CoachAthletics Director, liquidated damages equal to ___ [insert number] year(s) Base Salary that Assistant Coach Athletics Director is receiving at the date of such termination for the duration of the Payout Period, which begins on the date of such termination and ends on __________ [date Payout Period ends]. Such liquidated damages shall be paid on a monthly basis through the Payout Period. Assistant Coach Athletics Director acknowledges his/her obligation to minimize the payments due to him/her under Section 7.B and agrees to make every reasonable effort to obtain other employment as long as the University has the obligation to make payments under Section 7.B. If Assistant Coach the Athletics Director obtains new employment by the Payout Periodemployment, the University’s financial obligations under Section 7.B shall be reduced by the total compensation received by Assistant Coach Athletics Director in his/her new position, including employee benefits, whether in cash, deferred payments, or in kind. If Assistant CoachAthletics Director’s salary in his/her new position exceeds that which Assistant Coach Athletics Director would have been paid at the University, the University’s financial obligations would immediately cease. Assistant Coach Athletics Director shall immediately, upon acceptance of other employment, notify the Athletics Director President in writing of such employment and the total compensation to be paid to Assistant Coach Athletics Director for the employment. In addition, Assistant Coach Athletics Director agrees to provide the University with a copy of his/her W-2 form for each calendar year as long as the University has the obligation to make payments under Section 7.B. For the avoidance of all doubt, the Parties understand and agree that the duty to make the liquidated damages payment shall not be treated as a subsidy for any future employer to pay Assistant Coach less than market value for his/her services. If the University ends this Agreement without cause prior to the termination date stated in Section 3 above3, in accordance with the provisions of Section 7.B hereof, the University in no case shall be liable for Assistant CoachAthletics Director’s loss of any collateral business opportunities or any other benefits, perquisites, perquisites or income resulting from activities such as, but not limited to, camps, clinics, media appearancesappearance, personal appearancesappearance, radio, television, internet, marketing and promotional services, apparel or shoe agreements, equipment agreements, consulting relationships, relationships or from any other sources that may result from the University’s termination of this Agreement without cause. [If you included the first (shorter) Section 7.B, you should include the shorter Section 7.C below; If you included the second (longer) Section 7.B, you should must also include the second (longer) Section 7.C below.]

Appears in 1 contract

Samples: Athletics Director Employment Agreement

Termination by the University without Cause. The University shall have the right to terminate Assistant Head Coach’s employment and this Agreement without any reason and without cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated without cause, (1) all obligations of the University to Assistant Head Coach pursuant to this Agreement shall cease as of the date of any such termination, (2) Assistant Head Coach shall be eligible for any post-termination benefits applicable to regular employees of the University (i.e. COBRA insurance eligibility, et al), (3) the University will pay to Assistant Head Coach, in lieu of any and all other legal remedies or equitable relief available to Assistant Head Coach, liquidated damages equal to ___ [insert number] year(s) Base Salary that Assistant Head Coach is receiving at the date of such termination for the duration of the Payout Period, which begins on the date of such termination and ends on __________ [date Payout Period ends]. Such liquidated damages shall be paid on a monthly basis through the Payout Period. Assistant Head Coach acknowledges his/her obligation to minimize the payments due to him/her under Section 7.B and agrees to make every reasonable effort to obtain other employment as long as the University has the obligation to make payments under Section 7.B. If Assistant Head Coach obtains new employment by the Payout Period, the University’s financial obligations under Section 7.B shall be reduced by the total compensation received by Assistant Head Coach in his/her new position, including employee benefits, whether in cash, deferred payments, or in kind. If Assistant Head Coach’s salary in his/her new position exceeds that which Assistant Head Coach would have been paid at the University, the University’s financial obligations would immediately cease. Assistant Head Coach shall immediately, upon acceptance of other employment, notify the Athletics Director in writing of such employment and the total compensation to be paid to Assistant Head Coach for the employment. In addition, Assistant Head Coach agrees to provide the University with a copy of his/her W-2 form for each calendar year as long as the University has the obligation to make payments under Section 7.B. For the avoidance of all doubt, the Parties understand and agree that the duty to make the liquidated damages payment shall not be treated as a subsidy for any future employer to pay Assistant Coach less than market value for his/her services. If the University ends this Agreement without cause prior to the termination date stated in Section 3 above, in accordance with the provisions of Section 7.B hereof, the University in no case shall be liable for Assistant Head Coach’s loss of any collateral business opportunities or any other benefits, perquisites, perquisites or income resulting from activities such as, but not limited to, camps, clinics, media appearances, personal appearances, radio, television, internet, marketing and promotional services, apparel or shoe agreements, equipment agreements, consulting relationships, relationships or from any other sources that may result from the University’s termination of this Agreement without cause. [If you included the first (shorter) Section 7.B, you should include the shorter Section 7.C below; If you included the second (longer) Section 7.B, you should also include the second (longer) Section 7.C below.]

Appears in 1 contract

Samples: Employment Agreement

Termination by the University without Cause. The University shall have the right to terminate Assistant CoachAthletics Director’s employment and this Agreement without any reason and without cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated without cause, (1) all obligations of the University to Assistant Coach Athletics Director pursuant to this Agreement shall cease as of the date of any such termination, (2) Assistant Coach Athletics Director shall be eligible for any post-termination benefits applicable to regular employees of the University (i.e. COBRA insurance eligibility, et al), and (3) the University will pay to Assistant CoachAthletics Director, in lieu of any and all other legal remedies or equitable relief available to Assistant CoachAthletics Director, liquidated damages equal to ___ [insert number] year(s) one year’s Base Salary that Assistant Coach Athletics Director is receiving at the date of such termination for the duration of the Payout Period, which begins on the date of such termination and ends on __________ [date Payout Period endsends (a 9-month Payout Period is recommended)]. Such liquidated damages shall be paid on a monthly basis through the Payout Period. Assistant Coach Athletics Director acknowledges his/her obligation to minimize the payments due to him/her under Section 7.B and agrees to make every reasonable effort to obtain other employment as long as the University has the obligation to make payments under Section 7.B. If the Assistant Coach Athletics Director obtains new employment by the Payout Periodemployment, the University’s financial obligations under Section 7.B shall be reduced by the total compensation received by Assistant Coach Athletics Director in his/her new position, including employee benefits, whether in cash, deferred payments, or in kind. If Assistant CoachAthletics Director’s salary in his/her new position exceeds that which Assistant Coach Athletics Director would have been paid at the University, the University’s financial obligations would immediately cease. Assistant Coach Athletics Director shall immediately, upon acceptance of other employment, notify the Athletics Director President in writing of such employment and the total compensation to be paid to Assistant Coach Athletics Director for the employment. In addition, Assistant Coach Athletics Director agrees to provide the University with a copy of his/her W-2 form for each calendar year as long as the University has the obligation to make payments under Section 7.B. For the avoidance of all doubt, the Parties understand and agree that the duty to make the liquidated damages payment shall not be treated as a subsidy for any future employer to pay Assistant Coach less than market value for his/her services. If the University ends this Agreement without cause prior to the termination date stated in Section 3 above3, in accordance with the provisions of Section 7.B hereof, the University in no case shall be liable for Assistant CoachAthletics Director’s loss of any collateral business opportunities or any other benefits, perquisites, perquisites or income resulting from activities such as, but not limited to, camps, clinics, media appearancesappearance, personal appearancesappearance, radio, television, internet, marketing and promotional services, apparel or shoe agreements, equipment agreements, consulting relationships, or from any other sources that may result from the University’s termination of this Agreement without cause. [If you included the first (shorter) Section 7.B, you should include the shorter Section 7.C below; If you included the second (longer) Section 7.B, you should must also include the second (longer) Section 7.C below.]

Appears in 1 contract

Samples: Employment Agreement

Termination by the University without Cause. The University shall have the right to terminate Assistant Head Coach’s employment and this Agreement without any reason and without cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated without cause, (1) all obligations of the University to Assistant Head Coach pursuant to this Agreement shall cease as of the date of any such termination, (2) Assistant Head Coach shall be eligible for any post-termination benefits applicable to regular employees of the University (i.e. COBRA insurance eligibility, et al), (3) the University will pay to Assistant Head Coach, in lieu of any and all other legal remedies or equitable relief available to Assistant Head Coach, liquidated damages equal to ___ [insert number] year(s) Base Salary that Assistant Head Coach is receiving at the date of such termination for the duration of the Payout Period, which begins on the date of such termination and ends on __________ [date Payout Period ends]. Such liquidated damages shall be paid on a monthly basis through the Payout Period. Assistant Head Coach acknowledges his/her obligation to minimize the payments due to him/her under Section 7.B and agrees to make every reasonable effort to obtain other employment as long as the University has the obligation to make payments under Section 7.B. If Assistant Head Coach obtains new employment by the Payout Period, the University’s financial obligations under Section 7.B shall be reduced by the total compensation received by Assistant Head Coach in his/her new position, including employee benefits, whether in cash, deferred payments, or in kind. If Assistant Head Coach’s salary in his/her new position exceeds that which Assistant Head Coach would have been paid at the University, the University’s financial obligations would immediately cease. Assistant Head Coach shall immediately, upon acceptance of other employment, notify the Athletics Director in writing of such employment and the total compensation to be paid to Assistant Head Coach for the employment. In addition, Assistant Head Coach agrees to provide the University with a copy of his/her W-2 form for each calendar year as long as the University has the obligation to make payments under Section 7.B. For the avoidance of all doubt, the Parties understand and agree that the duty to make the liquidated damages payment shall not be treated as a subsidy for any future employer to pay Assistant Coach less than market value for his/her services. If the University ends this Agreement without cause prior to the termination date stated in Section 3 above, in accordance with the provisions of Section 7.B hereof, the University in no case shall be liable for Assistant Head Coach’s loss of any collateral business opportunities or any other benefits, perquisites, perquisites or income resulting from activities such as, but not limited to, camps, clinics, media appearancesappearance, personal appearancesappearance, radio, television, internet, marketing and promotional services, apparel or shoe agreements, equipment agreements, consulting relationships, relationships or from any other sources that may result from the University’s termination of this Agreement without cause. [If you included the first (shorter) Section 7.B, you should include the shorter Section 7.C below; If you included the second (longer) Section 7.B, you should must also include the second (longer) Section 7.C below.]

Appears in 1 contract

Samples: Coach Employment Agreement

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