Common use of Termination Without Cause or Constructive Termination Without Cause Clause in Contracts

Termination Without Cause or Constructive Termination Without Cause. The Employer may terminate the Employee’s employment at any time without Cause, provided that it gives written notice of termination at least ninety (90) days before the date of such termination. If the Employee’s employment is terminated without Cause, or if there is a constructive termination without Cause, as defined below, the Employee shall be entitled to receive from the Employer the following: (i) payment of any unpaid portion of his base salary through the end of the Term or any extension thereof granted prior to such termination; (ii) reimbursement for any outstanding reasonable business expenses he incurred in performing his duties hereunder; (iii) the right to elect continuation coverage of insurance benefits to the extent required by law; (iv) full and immediate vesting of any unexercised stock options or restricted stock grants; (v) payment of any accrued but unpaid benefits, and any other rights, as required by the terms of any employee benefit plan or program of the Employer, this Agreement, or any other agreement between the Employer and the Employee; (vi) payment of amounts equal to any premiums for health insurance continuation coverage under any the Employer health plans that is elected by the Employee or his beneficiaries pursuant to Section 4980B of the Internal Revenue Code, at a time or times mutually agreed to by the parties, but only so long as the Employee is not eligible for coverage under a health plan of another employer (whether or not he elects to receive coverage under that plan); and For purposes of this Agreement, constructive termination without Cause shall mean a termination of the Employee at his own initiative following the occurrence, without the Employee’s prior written consent, of one or more of the following events not on account of Cause: (1) a material reduction in the Employee’s then current base salary; (2) a material diminution in the Employee’s authority, duties, or responsibilities; (3) a material diminution in the budget over which the Employee retains authority; (4) a material change in the geographic location at which the Employee must perform the services hereunder; or (5) Any other action or inaction which constitutes a material breach by the Employer of this Agreement. In the event the Employee is terminated without Cause or there is a constructive termination without Cause, the Employee shall provide the Employer with written notice within ninety (90) days of the event and the Employer shall have thirty (30) days to cure the default.

Termination Without Cause or Constructive Termination Without Cause. The Employer Company may terminate the Employee’s employment at any time without Cause, provided that it gives written notice of termination at least ninety sixty (9060) days before the date of such termination. If the Employee’s employment is terminated without Cause, or if there is a constructive termination without Cause, as defined below, the Employee shall be entitled to receive from the Employer Company the following: (i) payment of any unpaid portion the Base Salary at the time of his base salary through termination for the end balance of the Term or any extension thereof granted prior to such terminationunexpired Employment Term; (ii) reimbursement for any outstanding reasonable business expenses he incurred in performing his duties hereunder; (iii) the right to elect continuation coverage of insurance benefits to the extent required by law; (iv) full and immediate vesting of any unexercised stock options or restricted stock grants; (v) payment of any accrued but unpaid benefits, and any other rights, as required by the terms of any employee benefit plan or program of the EmployerCompany, this Agreement, or any other agreement between the Employer Company and the Employee;; and (vi) payment of amounts equal to any premiums for health insurance continuation coverage under any the Employer Company health plans that is elected by the Employee or his beneficiaries pursuant to Section 4980B of the Internal Revenue Code, at a time or times mutually agreed to by the parties, but only so long as the Employee is not eligible for coverage under a health plan of another employer Company (whether or not he elects to receive coverage under that plan); and . For purposes of this Agreement, constructive termination without Cause shall mean a termination of the Employee at his own initiative following the occurrence, without the Employee’s prior written consent, of one or more of the following events not on account of Cause: (1) a material reduction in the Employee’s then current base salaryBase Salary; (2) a material diminution in the Employee’s authority, duties, or responsibilities; (3) a material diminution in the budget over which the Employee retains authority; (4) a material change by the Company in the geographic location at which the Employee must perform the services hereunder; or (5) Any other action or inaction which constitutes a material breach by the Employer Company of this Agreement. In the event the Employee is terminated without Cause or there is a constructive termination without Cause, the Employee shall provide the Employer Company with written notice within ninety (90) days of the event and the Employer Company shall have thirty (30) days to cure the default.

Termination Without Cause or Constructive Termination Without Cause. The Employer may terminate the Employee’s employment at any time without Cause, provided that it gives written notice of termination at least ninety (90) days before the date of such termination. If the Employee’s employment is terminated without Cause, or if there is a constructive termination without Cause, as defined below, the Employee shall be entitled to receive from the Employer the following: (i) payment of any unpaid portion of his base salary through the end of the Initial Term or any extension thereof granted prior to such termination, which payment shall be paid within thirty (30) days following termination under this provision; (ii) reimbursement for any outstanding reasonable business expenses he incurred in performing his duties hereunder; (iii) the right to elect continuation coverage of insurance benefits to the extent required by law; (iv) full and immediate vesting of any unexercised stock options or restricted stock grants; (v) payment of any accrued but unpaid benefits, and any other rights, as required by the terms of any employee benefit plan or program of the Employer, this Agreement, or any other agreement between the Employer and the Employee; (vi) payment of amounts equal to any premiums for health insurance continuation coverage under any the Employer health plans that is elected by the Employee or his beneficiaries pursuant to Section 4980B of the Internal Revenue Code, at a time or times mutually agreed to by the parties, but only so long as the Employee is not eligible for coverage under a health plan of another employer (whether or not he elects to receive coverage under that plan); and For purposes of this Agreement, constructive termination without Cause shall mean a termination of the Employee at his own initiative following the occurrence, without the Employee’s prior written consent, of one or more of the following events not on account of Cause: (1) a material reduction in the Employee’s then current base salary; (2) a material diminution in the Employee’s authority, duties, or responsibilities; (3) a material diminution in the budget over which the Employee retains authority; (4) a material change in the geographic location at which the Employee must perform the services hereunder; or (5) Any other action or inaction which constitutes a material breach by the Employer of this Agreement. In the event the Employee is terminated without Cause or there is a constructive termination without Cause, the Employee shall provide the Employer with written notice within ninety (90) days of the event and the Employer shall have thirty (30) days to cure the default.