Common use of Termination of Employees Clause in Contracts

Termination of Employees. Agent may in its discretion stop using any Retained Employee at any time during the Sale, subject to the conditions provided for herein. In the event that Agent desires to cease using any Retained Employee, Agent shall notify Merchant or Buyer, as applicable, at least five (5) days prior thereto; provided, however, that, in the event that Agent determines to cease using an employee “for cause” (such as dishonesty, fraud or breach of employee duties), the five (5) day notice period shall not apply; provided, further, however, that Agent shall immediately notify Merchant or Buyer, as applicable, of the basis for such “cause.” From and after the date of this Agreement and until the Sale Termination Date, neither Merchant nor Buyer, as applicable, shall transfer or dismiss employees of the Stores except “for cause” without Agent’s prior consent. Notwithstanding the foregoing, Agent shall not have the right to terminate the actual employment of any employee, but rather may only cease using such employee in the Sale and paying any Expenses with respect to such employee (and all decisions relating to the termination or non-termination of such employees shall at all times rest solely with Merchant or Buyer, as applicable).

Termination of Employees. Agent may in its discretion stop using any Retained Employee at any time during the Sale, subject to the conditions provided for herein. In the event that Agent desires to cease using any Retained Employee, Agent shall notify Merchant or Buyer, as applicable, at least five seven (57) days prior thereto, so that Merchant may coordinate the termination of such employee; provided, however, that, in the event that Agent determines to cease using an employee “for cause” (such as which shall consist of dishonesty, fraud or breach of employee duties), the five seven (57) day notice period shall not apply; provided, provided further, however, that Agent shall immediately notify Merchant or Buyer, as applicable, of the basis for such “cause.” so that Merchant can arrange for termination of such employee. From and after the date of this Agreement and until the Sale Termination Date, neither Merchant nor Buyer, as applicable, shall not transfer or dismiss employees of the Stores except “for cause” without Agent’s prior consent. Notwithstanding the foregoing, Agent shall not have the right to terminate the actual employment of any employee, but rather may only cease using such employee in the Sale and paying any Expenses with respect to such employee (and all decisions relating to the termination or non-termination of such employees shall at all times rest solely with Merchant or Buyer, as applicable)employee.

Termination of Employees. Agent may in its discretion stop using any Retained Employee at any time during the Sale, subject to the conditions provided for herein. In the event that Agent desires to cease using any Retained Employee, Agent shall notify Merchant or Buyer, as applicable, at least five seven (57) days prior thereto, so that Merchant may coordinate the termination of such employee; provided, however, that, in the event that Agent determines to cease using an employee “for cause” (such as which shall consist of dishonesty, fraud or breach of employee duties), the five seven (57) day notice period shall not apply; provided, provided further, however, that Agent shall immediately notify Merchant or Buyer, as applicable, of the basis for such “cause.” so that Merchant can arrange for termination of such employee. From and after the date of this Agreement and until the Sale Termination Date, neither Merchant nor Buyer, as applicable, shall not transfer or dismiss employees of the Stores Retained Employees except “for cause” without Agent’s prior consent. Notwithstanding the foregoing, Agent shall not have the right to terminate the actual employment of any employeeRetained Employee, but rather may only cease using such employee in the Sale and paying any Expenses with respect to such employee (and all decisions relating to the termination or non-termination of such employees shall at all times rest solely with Merchant or Buyer, as applicable)employee.

Termination of Employees. Agent may in its discretion stop using any Retained Employee at any time during the Sale, subject to the conditions provided for herein. In the event that Agent desires to cease using any Retained Employee, Agent shall notify Merchant or Buyer, as applicable, at least five seven (57) days prior thereto; provided, however, that, in the event that Agent determines to cease using an employee “for cause” (such as dishonesty, fraud or breach of employee duties), the five seven (57) day notice period shall not apply; provided, further, however, that Agent shall immediately notify Merchant or Buyer, as applicable, of the basis for such “cause.” From and after the date of this Agreement and until the Sale Termination Date, neither Merchant nor Buyer, as applicable, shall not transfer or dismiss employees of the Stores or Distribution Centers except “for cause” without Agent’s prior consent. Notwithstanding the foregoing, Agent shall not have the right to terminate the actual employment of any employee, but rather may only cease using such employee in the Sale and paying any Expenses with respect to such employee (and all decisions relating to the termination or non-termination of such employees shall at all times rest solely with Merchant or Buyer, as applicableMerchant).

Termination of Employees. Agent may in its discretion stop using any Retained Employee at any time during the Sale, subject to the conditions provided for herein. In the event that Agent desires to cease using any Retained Employee, Agent shall notify Merchant or Buyer, as applicable, at least five seven (57) days prior thereto, so that Merchant may coordinate the termination of such employee; provided, however, that, in the event that Agent determines to cease using an employee “for cause” (such as which shall consist of dishonesty, fraud or breach of employee duties), the five seven (57) day notice period shall not apply; provided, provided further, however, that Agent shall immediately notify Merchant or Buyer, as applicable, of the basis for such “cause.” so that Merchant can arrange for termination of such employee. From and after the date of this Agreement and until the Sale Termination Date, neither Merchant nor Buyer, as applicable, shall not transfer or dismiss employees of the Closing Stores except “for cause” without Agent’s prior consent. Notwithstanding the foregoing, Agent shall not have the right to terminate the actual employment of any employee, but rather may only cease using such employee in the Sale and paying any Expenses with respect to such employee (and all decisions relating to the termination or non-termination of such employees shall at all times rest solely with Merchant or Buyer, as applicable)employee.

Termination of Employees. Agent may in its discretion stop using any Retained Employee at any time during the Sale, subject to the conditions provided for herein. In the event that Agent desires to cease using any Retained Employee, Agent shall notify Merchant or Buyer, as applicable, at least five seven (57) days prior thereto; provided, however, that, in the event that Agent determines to cease using an employee “for cause” (such as dishonesty, fraud or breach of employee duties), the five seven (57) day notice period shall not apply; provided, further, however, that Agent shall immediately notify Merchant or Buyer, as applicable, of the basis for such “cause.” From and after the date of this Agreement and until the Sale Termination Date, neither Merchant nor Buyer, as applicable, shall not transfer or dismiss employees of the Stores except “for cause” without Agent’s prior consent. Notwithstanding the foregoing, Agent shall not have the right to terminate the actual employment of any employee, but rather may only cease using such employee in the Sale and paying any Expenses with respect to such employee (and all decisions relating to the termination or non-termination of such employees shall at all times rest solely with Merchant or Buyer, as applicableMerchant).

Termination of Employees. Agent may in its discretion stop using any Retained Employee at any time during the Sale, subject to the conditions provided for herein. In the event that Agent desires to cease using any Retained Employee, Agent shall so notify a representative designated by Merchant or Buyer, as applicable, at least five (5) days prior thereto; provided, however, that, in the event that Agent determines to cease using an employee “except "for cause” " (such as dishonesty, fraud or breach of employee duties), the five (5) day notice period shall not apply; provided, further, however, in which event Agent may stop using such employee immediately provided however that Agent shall immediately notify Merchant or Buyer, as applicable, of the basis for such “"cause.” From " so that Merchant can arrange for termination of such employee. Upon the expiration of the applicable notice period, all costs associated with the employee shall not be considered a Sale Expense and after the date of this Agreement and until the Sale Termination Date, neither Agent shall have no further responsibility or liability for such employees whatsoever. Merchant nor Buyer, as applicable, shall not transfer or dismiss employees of the Stores except “for cause” without Agent’s 's prior consent. Notwithstanding the foregoing, Agent which shall not have be unreasonably withheld, conditioned or delayed, but shall retain the right to terminate dismiss the actual employment of any employee, but rather may only cease using such employee in the Sale and paying any Expenses with respect to such employee (and all decisions relating to the termination or non-termination of such employees shall at all times rest solely with Merchant or Buyer, as applicable)"for cause."

Termination of Employees. Agent may in its discretion stop using any Retained Employee at any time during the Sale, subject to the conditions provided for herein. In the event that Agent desires to cease using any Retained Employee, Agent shall notify Merchant or Buyer, as applicable, at least five seven (57) days prior thereto, so that Merchant may coordinate the termination of such employee; provided, however, that, in the event that Agent determines to cease using an employee “for cause” (such as which shall consist of dishonesty, fraud or breach of employee duties), the five seven (57) day notice period shall not apply; provided, provided further, however, that Agent shall immediately notify Merchant or Buyer, as applicable, of the basis for such “cause.” so that Xxxxxxxx can arrange for termination of such employee. From and after the date of this Agreement and until the Sale Termination Date, neither Merchant nor Buyer, as applicable, shall not transfer or dismiss employees of the Closing Stores except “for cause” without Agent’s prior consent. Notwithstanding the foregoing, Agent shall not have the right to terminate the actual employment of any employee, but rather may only cease using such employee in the Sale and paying any Expenses with respect to such employee (and all decisions relating to the termination or non-termination of such employees shall at all times rest solely with Merchant or Buyer, as applicable)employee.

Termination of Employees. Agent may in its discretion stop using any Retained Employee at any time during the Sale, subject to the conditions provided for herein. In the event that Agent desires to cease using any Retained Employee, Agent shall notify Merchant or Buyer, as applicable, at least five seven (57) days prior theretothereto so that Merchant may coordinate the termination of such employee; provided, however, that, in the event that Agent determines to cease using an employee “"for cause” " (such as which shall consist of dishonesty, fraud or breach of employee duties), the five ten (510) day notice period shall not apply; provided, provided further, however, that Agent shall immediately notify Merchant or Buyer, as applicable, of the basis for such “"cause.” " so that Merchant can arrange for termination of such employee. From and after the date of this Agreement and until the Sale Termination Date, neither Merchant nor Buyer, as applicable, shall not transfer or dismiss employees of the Stores except “"for cause” " without Agent’s 's prior consent. Notwithstanding the foregoing, Agent shall not have the right to terminate the actual employment of any employee, but rather may only cease using such employee in the Sale and paying any Expenses with respect to such employee (and all decisions relating to the termination or non-termination of such employees shall at all times rest solely with Merchant or Buyer, as applicable)employee.

Termination of Employees. Agent may in its discretion stop using any Retained Employee at any time during the Sale, subject to the conditions provided for herein. In the event that Agent desires determines to cease stop using any Retained Employee, Agent shall will notify Merchant or Buyer, as applicable, at least five ten (510) days prior thereto; provided, however, that, in the event that except with respect to situations where Agent determines to cease using an employee discontinue the use of the Retained Employee “for cause” (such as dishonesty, fraud or breach of employee duties), the five (5) day notice period shall not apply; provided, further, however, that in which event Agent shall immediately notify work with Merchant’s human resources department in investigating whether cause for immediate termination exists, and shall continue to follow Merchant’s practices and policies with respect to the treatment of such Retained Employee. During such investigation, Agent shall continue to reimburse Merchant or Buyer, as applicable, of the basis for such “cause.” employee’s Base Payroll and benefits provided for in Section 4.1(A)(1)(a). From and after the date of this Agreement and until the Sale Termination Date, neither Merchant nor Buyer, as applicable, shall not transfer or dismiss employees of the Stores except “for cause” without Agent’s prior consent. Notwithstanding For the foregoingavoidance of doubt, Agent notwithstanding any notice to the contrary, only Merchant shall not have the right authority to terminate any of the actual employment of any employee, but rather may only cease using such employee in the Sale and paying any Expenses with respect to such employee (and all decisions relating to the termination or non-termination of such employees shall at all times rest solely with Merchant or Buyer, as applicable)Retained Employees.

Termination of Employees. Agent may in its discretion stop using any Retained Employee at any time during the Sale, subject to the conditions provided for herein. In the event that Agent desires to cease using of termination of any Retained Employee, Agent shall notify will provide written notice to Merchant or Buyer, as applicable, at least five seven (57) days prior thereto; provided, however, that, in the event that Agent determines to cease using an employee “except for termination "for cause” " (such as dishonesty, fraud or breach of employee duties), the five (5) day in which event no prior notice period to Merchant shall not apply; providedbe required, further, however, that provided Agent shall immediately notify Merchant or Buyer, as applicable, of the basis for soon as practicable after such “cause.” termination. From and after the date of this Agreement and until the Sale Termination Date, neither Merchant nor Buyer, as applicable, shall not transfer or dismiss employees of the Stores except “"for cause” " without Agent’s 's prior consentconsent (which consent shall not be unreasonably withheld). Notwithstanding the foregoingany other provision hereof, Agent shall not have the right to terminate the actual employment of any employee, but rather may only cease using such employee in the Sale and paying any Expenses will indemnify Merchant with respect to any claims by Retained Employees arising from Agent's treatment of such employee (and all decisions relating to the Retained Employees. Agent acknowledges that Merchant will be providing WARN Act notice of termination or nonlay-termination off to all or certain of such employees its employees, but shall at all times rest solely do so in consultation with Merchant or Buyer, as applicable)Agent.

Termination of Employees. Agent may in its discretion stop using any Retained Employee at any time during the Sale, subject to the conditions provided for herein. In the event that Agent desires to cease using any Retained Employee, Agent shall notify Merchant or Buyer, as applicable, at least five seven (57) days prior thereto, so that Merchant may coordinate the termination of such employee; provided, however, that, in the event that Agent determines to cease using an employee “for cause” (such as which shall consist of dishonesty, fraud or breach of employee duties), the five seven (57) day notice period shall not apply; provided, provided further, however, that Agent shall immediately notify Merchant or Buyer, as applicable, of the basis for such “cause.” so that Merchant can arrange for termination of such employee. From and after the date of this Agreement and until the Sale Termination Date, neither Merchant nor Buyer, as applicable, shall not transfer or dismiss employees of the Stores except “for cause” without Agent’s prior consent. Notwithstanding the foregoing, Agent shall not have the right to terminate the actual employment of any employee, but rather may only cease using such employee in the Sale and paying any Expenses with respect to such employee (and all decisions relating to the termination or non-termination of such employees shall at all times rest solely with Merchant or Buyer, as applicable)employee.