Common use of Termination of Employment by Executive Clause in Contracts

Termination of Employment by Executive. The employment of Executive under this Agreement shall be deemed to have been terminated by Executive for "Good Reason" if Executive voluntarily terminates employment following the occurrence of a material breach by Destia of any of its obligations under this Agreement; provided, however, that Executive shall provide written notice of such material breach within thirty (30) days after Executive's discovery of such material breach and Destia shall have the opportunity to cure such default within thirty (30) days after receipt of such written notice. If Destia does not cure the default within such time, then Executive's employment shall be deemed to have been terminated for Good Reason by Executive, thirty (30) days after receipt of such written notice by Destia, or such shorter period as Destia may elect. No resignation or other voluntary termination by Executive other than pursuant to this Section 7 shall be deemed under any circumstances to be a termination with Good Reason, a "constructive termination" or otherwise not in breach of Executive's obligations under this Agreement.

Appears in 3 contracts

Samples: Employment Agreement (Destia Communications Inc), Employment Agreement (Destia Communications Inc), Employment Agreement (Destia Communications Inc)

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Termination of Employment by Executive. The employment of Executive under this Agreement shall be deemed to have been terminated by Executive for "Good Reason" if Executive voluntarily terminates employment following the occurrence of a material breach by Destia Econophone of any of its obligations under this Agreement; providedPROVIDED, howeverHOWEVER, that Executive shall provide written notice of such material breach within thirty (30) days after Executive's discovery of such material breach and Destia Econophone shall have the opportunity to cure such default within thirty (30) days after receipt of such written notice. If Destia Econophone does not cure the default within such time, then Executive's employment shall be deemed to have been terminated for Good Reason by Executive, thirty (30) days after receipt of such written notice by DestiaEconophone, or such shorter period as Destia Econophone may elect. No resignation or other voluntary termination by Executive other than pursuant to this Section 7 shall be deemed under any circumstances to be a termination with Good Reason, a "constructive termination" or otherwise not in breach of Executive's obligations under this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Destia Communications Inc), Employment Agreement (Destia Communications Inc)

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