Common use of Voluntary Resignation; Termination for Cause Clause in Contracts

Voluntary Resignation; Termination for Cause. If the Employee’s employment with the Company terminates other than as a result of an Involuntary Termination or Resignation For Good Reason, then the Employee will not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 17 contracts

Sources: Employment Severance Agreement (Tandem Diabetes Care Inc), Severance Agreement (Tandem Diabetes Care Inc), Employment Severance Agreement

Voluntary Resignation; Termination for Cause. If the Employee’s employment with the Company terminates (i) voluntarily by the Employee other than as a result of an Involuntary Termination or Resignation For for Good Reason, or (ii) for Cause by the Company, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 17 contracts

Sources: Change of Control Agreement, Change of Control Agreement, Change of Control Agreement (Juniper Networks Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s 's employment with terminates by reason of the Company terminates other than as a result of Employee's voluntary resignation (and is not an Involuntary Termination Termination), or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s 's then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 17 contracts

Sources: Change of Control Severance Agreement (Harmonic Inc), Change of Control Severance Agreement (Harmonic Inc), Change of Control Severance Agreement (Harmonic Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with terminates by reason of the Company terminates other than Employee’s voluntary resignation (but not as a result of an Involuntary Termination Termination) or Resignation For Good Reasonas a result of the Employee’s termination for Cause, then the Employee will shall not be entitled to receive any severance change in control benefits as defined in this Section 2 or other severance pay or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Companythis Agreement.

Appears in 14 contracts

Sources: Change in Control Agreement (Sciclone Pharmaceuticals Inc), Change in Control Agreement (Sciclone Pharmaceuticals Inc), Change in Control Agreement (Sciclone Pharmaceuticals Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with terminates by reason of the Company terminates other than as Employee’s voluntary resignation (and is not a result of an Involuntary Voluntary Termination or Resignation For for Good Reason), or if the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s (or any subsidiary’s) then existing severance and benefits plans and practices or pursuant to other written agreements with the CompanyCompany (or any subsidiary thereof).

Appears in 14 contracts

Sources: Management Retention Agreement (Palm Inc), Management Retention Agreement (Palmsource Inc), Management Retention Agreement (Palm Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with terminates by reason of the Company terminates other than as a result of Employee’s voluntary resignation (and is not an Involuntary Termination Termination), or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing option, severance and benefits plans and practices or pursuant to other written agreements with the Companypractices.

Appears in 10 contracts

Sources: Employment Agreement (Catalytica Energy Systems Inc), Employment Agreement (Catalytica Energy Systems Inc), Retention Agreement (Catalytica Energy Systems Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with terminates by reason of the Company terminates other than as Employee’s voluntary resignation (and is not a result of an Involuntary Voluntary Termination or Resignation For for Good Reason), or if the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 10 contracts

Sources: Change of Control Severance Agreement (Chalone Wine Group LTD), Management Retention Agreement (3com Corp), Management Retention Agreement (3com Corp)

Voluntary Resignation; Termination for Cause. If the Employee’s 's employment with terminates by reason of the Company terminates other than as a result of Employee's voluntary resignation (and is not an Involuntary Termination Termination), or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s 's then existing severance and benefits written employee plans and practices or pursuant to other written agreements with the Company.

Appears in 9 contracts

Sources: Management Retention Agreement (Bell Microproducts Inc), Management Retention Agreement (Bell Microproducts Inc), Management Retention Agreement (Bell Microproducts Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s 's employment with terminates by reason of the Company terminates other than as a result of Employee's voluntary resignation (and is not an Involuntary Termination Termination), or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s 's then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 9 contracts

Sources: Change of Control Severance Agreement (Proxim Inc /De/), Change of Control Severance Agreement (Proxim Inc /De/), Change of Control Severance Agreement (Proxim Inc /De/)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with the Company terminates (i) voluntarily by the Employee other than as a result of an Involuntary Termination for Good Reason or Resignation For Good ReasonDisability or (ii) for Cause by the Company, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 9 contracts

Sources: Change of Control Severance Agreement (Spectralink Corp), Change of Control Severance Agreement (Spectralink Corp), Change of Control Severance Agreement (Spectralink Corp)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with terminates by reason of the Company terminates other than as a result of Employee’s voluntary resignation (which is not an Involuntary Termination Termination) or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control any benefits as defined in under this Section 2 or Agreement, but may be entitled to benefits and other severance or benefits except for those rights (if any) as may then be established under the terms of the Company’s then other then-existing severance and benefits plans and practices programs or pursuant to other written agreements with the Company.

Appears in 9 contracts

Sources: Change of Control Severance Agreement (Unwired Planet, Inc.), Change of Control Severance Agreement (Openwave Systems Inc), Change of Control Severance Agreement (Openwave Systems Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with the Company terminates (i) voluntarily by the Employee other than as a result of an Involuntary Termination for Good Reason or Resignation For Good Reasondue to Disability or (ii) for Cause by the Company, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Company, including, without limitation, any Employment Agreement.

Appears in 9 contracts

Sources: Change of Control Severance Agreement, Change of Control Severance Agreement (Polycom Inc), Change of Control Severance Agreement (Polycom Inc)

Voluntary Resignation; Termination for Cause. If the Employee voluntarily resigns from the Company (other than a voluntary resignation for Good Reason), or if the Company terminates the Employee’s employment with the Company terminates other than as a result of an Involuntary Termination or Resignation For Good Reasonfor Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Companythis Agreement.

Appears in 9 contracts

Sources: Retention Agreement, Retention Agreement (Neophotonics Corp), Retention Agreement (Neophotonics Corp)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with terminates by reason of the Company terminates other than as a result of Employee’s voluntary resignation (and is not an Involuntary Termination Termination), or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 8 contracts

Sources: Change of Control Severance Agreement (Harmonic Inc), Change of Control Severance Agreement (Harmonic Inc), Change of Control Severance Agreement (Harmonic Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s 's employment with the Company terminates (i) voluntarily by the Employee other than as a result of an Involuntary Termination or Resignation For for Good Reason, or (ii) for Cause by the Company, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s 's then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 8 contracts

Sources: Change of Control Severance Agreement (Centillium Communications Inc), Change of Control Severance Agreement (Centillium Communications Inc), Change of Control Severance Agreement (Centillium Communications Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with terminates during the Company terminates other than Change in Control Period by reason of Employee’s voluntary resignation (but not as a result of an Involuntary Termination Termination) or Resignation For Good Reasonas a result of Employee’s termination by the Company for Cause, then the Employee will shall be entitled only to Employee’s Accrued Compensation and shall not be entitled to receive any severance change in control benefits as defined in under this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the CompanyAgreement.

Appears in 8 contracts

Sources: Employee Retention Agreement (Sciclone Pharmaceuticals Inc), Employee Retention Agreement (Sciclone Pharmaceuticals Inc), Employee Retention Agreement (Sciclone Pharmaceuticals Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with terminates by reason of the Company terminates other than as a result of an Involuntary Termination or Resignation For Employee’s voluntary resignation (and is not for Good Reason), or if the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the CompanyBank’s then existing severance and benefits plans and practices or pursuant to other written agreements with the CompanyBank.

Appears in 7 contracts

Sources: Change in Control Agreement (Hampden Bancorp, Inc.), Change in Control Agreement (Hampden Bancorp, Inc.), Change in Control Agreement (Hampden Bancorp, Inc.)

Voluntary Resignation; Termination for Cause. If the Employee’s 's employment with the Company terminates other than as in a result of voluntary resignation, including termination due to death or Disability (and not an Involuntary Termination Termination), or Resignation For Good Reasonif the Employee is terminated for Cause, or if the Employee voluntarily accepts a position within the Corporation below the level of vice president then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established available under the Company’s then existing Corporation's severance and benefits plans and practices or pursuant to other written agreements with policies existing at the Companytime of such termination.

Appears in 7 contracts

Sources: Officer Change of Control Agreement (Quantum Corp /De/), Change of Control Agreement (Quantum Corp /De/), Change of Control Agreement (Quantum Corp /De/)

Voluntary Resignation; Termination for Cause. If the Employee voluntarily resigns from the Company, or if the Company terminates the Employee’s employment with the Company terminates other than as a result of an Involuntary Termination or Resignation For Good Reasonfor Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Companythis Agreement.

Appears in 6 contracts

Sources: Severance Rights Agreement (Neophotonics Corp), Severance Rights Agreement (Neophotonics Corp), Severance Rights Agreement (Neophotonics Corp)

Voluntary Resignation; Termination for Cause. If the Employee voluntarily resigns from the Company without Good Reason, or if the Company terminates the Employee’s employment with the Company terminates other than as a result of an Involuntary Termination or Resignation For Good Reasonfor Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as to which he may then be established entitled under the Company’s then existing severance and benefits plans and practices policies at the time of such resignation or pursuant to other written agreements with the Companytermination.

Appears in 6 contracts

Sources: Employment Agreement (Synopsys Inc), Employment Agreement (Synopsys Inc), Employment Agreement (Synopsys Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s -------------------------------------------- Employee voluntarily terminates employment with the Company terminates Company, other than as a result of an Involuntary Termination Termination, or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Companybenefits.

Appears in 6 contracts

Sources: Employment Agreement (Notify Corp), Employment Agreement (Notify Corp), Employment Agreement (Notify Corp)

Voluntary Resignation; Termination for Cause. If the Employee’s -------------------------------------------- Employee voluntarily terminates employment with the Company terminates Company, other than as a result of an Involuntary Termination Termination, or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s 's then existing severance and benefits plans and practices or pursuant to other written agreements with policies at the Companytime of such termination.

Appears in 6 contracts

Sources: Employment Agreement (Notify Corp), Employment Agreement (Notify Corp), Employment Agreement (Notify Corp)

Voluntary Resignation; Termination for Cause. If the Employee’s 's employment with terminates by reason of the Company terminates other than Employee's voluntary resignation (but not as a result of an Involuntary Termination Termination) or Resignation For Good Reasonas a result of the Employee's termination for Cause, then the Employee will shall not be entitled to receive any severance change in control benefits as defined in this Section 2 or other severance pay or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Companythis Agreement.

Appears in 5 contracts

Sources: Change in Control Agreement (Sciclone Pharmaceuticals Inc), Change in Control Agreement (Sciclone Pharmaceuticals Inc), Change in Control Agreement (Sciclone Pharmaceuticals Inc)

Voluntary Resignation; Termination for Cause. If the -------------------------------------------- Employee’s 's employment with terminates by reason of the Company terminates other than as a result of Employee's voluntary resignation (and is not an Involuntary Termination Termination), or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established (and applicable) under the Company’s 's then existing severance and benefits plans and practices or pursuant to other written agreements with policies at the Companytime of such termination.

Appears in 5 contracts

Sources: Severance Agreement (State of the Art Inc /Ca), Severance Agreement (State of the Art Inc /Ca), Severance Agreement (State of the Art Inc /Ca)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with the Company terminates (i) voluntarily by Employee (other than as a result of an Involuntary Termination or Resignation For for Good Reason) or (ii) for Cause by the Company, then Employee will only receive the Accrued Compensation. Employee will not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 5 contracts

Sources: Change in Control, Severance and Covenant Agreement (DLH Holdings Corp.), Change in Control, Severance and Covenant Agreement (DLH Holdings Corp.), Change in Control, Severance and Covenant Agreement (DLH Holdings Corp.)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with the Company terminates other than by reason of Employee’s voluntary resignation (but not as a result of an Involuntary Termination termination by the Company without Cause) or Resignation For Good Reasonas a result of Employee’s termination by the Company for Cause, then the Employee will shall be entitled only to Employee’s Accrued Compensation and shall not be entitled to receive any severance change in control benefits as defined in under this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the CompanyAgreement.

Appears in 5 contracts

Sources: Employee Retention Agreement (Sciclone Pharmaceuticals Inc), Employee Retention Agreement (Sciclone Pharmaceuticals Inc), Employee Retention Agreement (Sciclone Pharmaceuticals Inc)

Voluntary Resignation; Termination for Cause. If the Employee voluntarily resigns from the Company (other than for Good Reason (as defined below)) or if the Company terminates the Employee’s employment with the Company terminates other than for Cause (as a result of an Involuntary Termination or Resignation For Good Reasondefined below), then the Employee will shall not be entitled to receive severance change in control payments. The Employee’s benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then will be established terminated under the Company’s then existing severance and benefits benefit plans and practices policies in accordance with such plans and policies in effect on the date of termination or pursuant to other written agreements with as otherwise determined by the CompanyBoard.

Appears in 5 contracts

Sources: Change of Control and Severance Agreement (Vivus Inc), Change of Control and Severance Agreement (Vivus Inc), Change of Control and Severance Agreement (Vivus Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s If, at any time, your employment with the Company terminates terminates: (i) voluntarily by you other than as a result of an Involuntary Termination for Good Reason or Resignation For Good Reason, due to disability; or (ii) for Cause by the Company; then the Employee will you shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 5 contracts

Sources: Modification of Offer Letter Agreement (Fastly, Inc.), Modification of Offer Letter Agreement (Fastly, Inc.), Modification of Offer Letter Agreement (Fastly, Inc.)

Voluntary Resignation; Termination for Cause. If the Employee’s 's -------------------------------------------- employment with terminates by reason of the Company terminates other than as a result of Employee's voluntary resignation (and is not an Involuntary Termination Termination), or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s 's then existing option, severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 4 contracts

Sources: Change of Control Severance Agreement (Catalytica Energy Systems Inc), Change of Control Severance Agreement (Catalytica Energy Systems Inc), Change of Control Severance Agreement (Catalytica Combustion Systems Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s 's employment with terminates by reason of the Company terminates other than as a result of Employee's voluntary resignation (and is not an Involuntary Termination Termination), or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s 's then existing severance and benefits plans and practices policies at the time of such termination applicable to a voluntary termination or pursuant to other written agreements with the Companytermination for cause.

Appears in 4 contracts

Sources: Employment Agreement (Silicon Valley Group Inc), Employment Agreement (Silicon Valley Group Inc), Employment Agreement (Silicon Valley Group Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with Employee voluntarily resigns from the Company (other than as an Involuntary Termination), or if the Company terminates other than as a result of an Involuntary Termination or Resignation For Good Reasonthe Employee's employment for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s 's then existing severance and benefits plans and practices policies at the time of such resignation or pursuant to other written agreements with the Companytermination.

Appears in 4 contracts

Sources: Change in Control Agreement (Netcom Systems Inc), Employment Agreement (Synopsys Inc), Change in Control Agreement (Netcom Systems Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s Employee voluntarily terminates employment with the Company terminates Company, other than as a result of an Involuntary Termination Termination, or Resignation For Good Reasonif Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with policies at the Companytime of such termination.

Appears in 4 contracts

Sources: Employment Agreement (Notify Technology Corp), Employment Agreement (Notify Technology Corp), Employment Agreement (Notify Technology Corp)

Voluntary Resignation; Termination for Cause. If the Employee voluntarily resigns from the Company (other than a resignation that is an Involuntary Termination), or if the Company terminates the Employee’s employment with the Company terminates other than as a result of an Involuntary Termination or Resignation For Good Reasonfor Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (those, if any) , as may then be established under the Company’s then then-existing severance and benefits plans and practices policies at the time of such resignation or pursuant to other written agreements with the Companytermination.

Appears in 4 contracts

Sources: Employment Agreement (Synopsys Inc), Employment Agreement (Synopsys Inc), Employment Agreement (Synopsys Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s 's employment with terminates by reason of the Company terminates other than as Employee's voluntary resignation (and is not a result of an Involuntary Voluntary Termination or Resignation For for Good Reason), or if the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s 's then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 4 contracts

Sources: Change of Control Severance Agreement (New Era of Networks Inc), Management Retention Agreement (3com Corp), Change of Control Severance Agreement (New Era of Networks Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with Employee voluntarily resigns from the Company (other than in an Involuntary Termination), or if the Company terminates other than as a result of an Involuntary Termination or Resignation For Good Reasonthe Employee's employment for Cause, then the Employee will shall not be entitled to receive severance change in control or other benefits as defined in under this Section 2 or other severance or benefits except 7, but shall be eligible for those benefits (if any) as may then be established under any other Section of this Agreement or the Company’s then 's then-existing severance and benefits plans and practices or pursuant to other written agreements with policies at the Companytime of such termination.

Appears in 3 contracts

Sources: Senior Vp Continuity Agreement (Arthrocare Corp), Ceo Continuity Agreement (Arthrocare Corp), Vp Continuity Agreement (Arthrocare Corp)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with terminates by reason of the Company terminates other than as a result of Employee’s voluntary resignation (and is not an Involuntary Termination Termination), or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits written employee plans and practices or pursuant to other written agreements with the Company.

Appears in 3 contracts

Sources: Management Retention Agreement (Bell Microproducts Inc), Management Retention Agreement (Bell Microproducts Inc), Management Retention Agreement (Bell Microproducts Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with terminates by reason of the Company terminates other than as a result of Employee’s voluntary resignation that is not an Involuntary Termination Termination, or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 3 contracts

Sources: Management Retention Agreement, Management Retention and Severance Agreement (Peregrine Semiconductor Corp), Management Retention Agreement (Peregrine Semiconductor Corp)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with the Company terminates (i) voluntarily by Employee (with or without Good Reason) outside of the Change of Control Period or by Employee other than as a result for Good Reason during the Change of an Involuntary Termination Control Period, or Resignation For Good Reason(ii) for Cause by the Company, then the Employee will not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 3 contracts

Sources: Change of Control and Severance Agreement (Cutera Inc), Change of Control and Severance Agreement (Cutera Inc), Change of Control and Severance Agreement (Cutera Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with the Company terminates (i) voluntarily by Employee other than as a result of an Involuntary Termination or Resignation For for Good Reason, or (ii) for Cause by the Company, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 3 contracts

Sources: Change of Control Agreement (Omniture, Inc.), Change of Control Agreement (Omniture, Inc.), Change of Control Agreement (Omniture, Inc.)

Voluntary Resignation; Termination for Cause. If the Employee’s Employee voluntarily terminates employment with the Company terminates Company, other than as a result of an Involuntary Termination Termination, or Resignation For Good Reasonif Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s 's then existing severance and benefits plans and practices or pursuant to other written agreements with policies at the Companytime of such termination.

Appears in 3 contracts

Sources: Employment Agreement (Notify Technology Corp), Employment Agreement (Notify Technology Corp), Employment Agreement (Notify Technology Corp)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with the Company terminates other than as a result by reason of an Involuntary Termination or Resignation For Employee’s voluntary resignation (and not for Good Reason), or if Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 3 contracts

Sources: Employment Agreement (Computer Access Technology Corp), Employment Agreement (Computer Access Technology Corp), Employment Agreement (Computer Access Technology Corp)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with the Company terminates (i) voluntarily by the Employee other than as a result of an Involuntary Termination for Good Reason or Resignation For Good ReasonDisability or (ii) for Cause by the Company, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Company, including, without limitation, any Employment Agreement.

Appears in 3 contracts

Sources: Change of Control Severance Agreement (Polycom Inc), Change of Control Severance Agreement (Polycom Inc), Change of Control Severance Agreement (Polycom Inc)

Voluntary Resignation; Termination for Cause. If you voluntarily resign from the Employee’s employment with Company (other than as an Involuntary Termination), or if the Company terminates other than as a result of an Involuntary Termination or Resignation For Good Reasonyour employment for Cause, then the Employee will you shall not be entitled to receive any severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (benefits, if any) , as may then be established under the Company’s then existing severance and benefits plans and practices at the time of your resignation or pursuant to other written agreements with the Companytermination.

Appears in 3 contracts

Sources: Employment Agreement (Storage Technology Corp), Employment Agreement (Storage Technology Corp), Employment Agreement (Storage Technology Corp)

Voluntary Resignation; Termination for Cause. If the -------------------------------------------- Employee’s 's employment with terminates by reason of the Company terminates other than as a result of Employee's voluntary resignation (and is not an Involuntary Termination Termination), or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established (and applicable) under the Company’s then 's then-existing severance and benefits plans and practices or pursuant to other written agreements with policies at the Companytime of such termination.

Appears in 3 contracts

Sources: Severance Agreement (State of the Art Inc /Ca), Severance Agreement (State of the Art Inc /Ca), Severance Agreement (State of the Art Inc /Ca)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with the Company terminates (i) voluntarily by Employee other than as a result of an Involuntary Termination or Resignation For for Good Reason, or (ii) for Cause by the Company, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits benefits, except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 3 contracts

Sources: Involuntary Termination Severance Agreement (Fusion-Io, Inc.), Involuntary Termination Severance Agreement (Fusion-Io, Inc.), Involuntary Termination Severance Agreement (Fusion-Io, Inc.)

Voluntary Resignation; Termination for Cause. If the Employee’s 's -------------------------------------------- employment with the Company terminates (i) voluntarily by the Employee other than as a result of an Involuntary Termination or Resignation For for Good Reason, death or Disability, or (ii) for Cause by the Company, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s 's then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 3 contracts

Sources: Change of Control Severance Agreement (Centillium Communications Inc), Change of Control Severance Agreement (Centillium Communications Inc), Change of Control Severance Agreement (Centillium Communications Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with the Company Group terminates other than as a result by reason of the Employee’s voluntary resignation (and is not an Involuntary Termination Termination), or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the CompanyCompany Group’s then existing severance and benefits plans and practices or pursuant to other written agreements with the CompanyCompany Group applicable to the Employee.

Appears in 3 contracts

Sources: Change of Control Severance Agreement (Harmonic Inc.), Change of Control Severance Agreement (Harmonic Inc.), Change of Control Severance Agreement (Harmonic Inc.)

Voluntary Resignation; Termination for Cause. If the Employee’s 's employment with terminates by reason of the Company terminates other than as a result of Employee's voluntary resignation (and is not an Involuntary Termination Termination), or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s 's then existing severance and benefits plans and practices or pursuant to other written agreements with policies at the Companytime of such termination.

Appears in 3 contracts

Sources: Employment Agreement (Donlar Corp), Severance Agreement (Cybermedia Inc), Severance Agreement (Cybermedia Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with the Company terminates other than as in a result of voluntary resignation, including termination due to death or Disability (and not an Involuntary Termination Termination), or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established available under the CompanyCorporation’s then existing severance and benefits plans and practices or pursuant to other written agreements with policies existing at the Companytime of such termination.

Appears in 3 contracts

Sources: Change of Control Agreement (Quantum Corp /De/), Change of Control Agreement (Quantum Corp /De/), Change of Control Agreement (Quantum Corp /De/)

Voluntary Resignation; Termination for Cause. If the Employee’s 's employment with the Company terminates other than as a result of an Involuntary Termination (i) voluntarily by the Employee or Resignation For Good Reason(ii) for Cause by the Company, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s 's then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 3 contracts

Sources: Change of Control Severance Agreement (Digitalthink Inc), Change of Control Severance Agreement (Digitalthink Inc), Change of Control Severance Agreement (Indus International Inc)

Voluntary Resignation; Termination for Cause. If the -------------------------------------------- Employee’s employment with 's termination by reason of the Company terminates other than as a result of Employee's voluntary resignation (and in not an Involuntary Termination Termination), or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s 's then existing severance and benefits plans and practices or pursuant to other written agreements with policies at the Companytime of such termination.

Appears in 3 contracts

Sources: Employment Agreement (Notify Corp), Employment Agreement (Notify Corp), Employment Agreement (Notify Corp)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with terminates by reason of the Company terminates other than as a result of Employee’s voluntary resignation (and is not an Involuntary Termination Termination), or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing option, severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 2 contracts

Sources: Change of Control Severance Agreement (Catalytica Energy Systems Inc), Change of Control Severance Agreement (Catalytica Energy Systems Inc)

Voluntary Resignation; Termination for Cause. If For the purposes of Sections 4 and 5 hereof, if the Employee’s 's employment with terminates by reason of the Company terminates other than as a result of Employee's voluntary resignation (and is not an Involuntary Termination Termination), or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 severance, accelerated vesting or other severance or benefits except for those (if any) as may then be established under the Company’s 's then existing severance and benefits plans and practices or pursuant to other written agreements with policies at the Companytime of such termination.

Appears in 2 contracts

Sources: Employment Agreement (Gadzoox Networks Inc), Employment Agreement (Gadzoox Networks Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with Employee voluntarily resigns from the Company (other than as an Involuntary Termination (as defined below)) or if the Company terminates other than the Employee's employment for Cause (as a result of an Involuntary Termination or Resignation For Good Reasondefined below), then the Employee will shall not be entitled to receive severance change in control payments. The Employee's benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then will be established terminated under the Company’s 's then existing severance and benefits benefit plans and practices policies in accordance with such plans and policies in effect on the date of termination or pursuant to other written agreements with as otherwise determined by the Board of Directors of the Company.

Appears in 2 contracts

Sources: Annual Report, Change of Control Agreement (Vivus Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s employment 's employ-ment with the Company terminates (i) voluntarily by the Employee other than as a result of an Involuntary Termination or Resignation For for Good Reason, or (ii) for Cause by the Company, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s 's then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 2 contracts

Sources: Change of Control Agreement (Juniper Networks Inc), Change of Control Agreement (Juniper Networks Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with the Company terminates other than as a result of an Involuntary Termination (i) voluntarily by Employee or Resignation For Good Reason(ii) for Cause by the Company, then the Employee will not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 2 contracts

Sources: Change of Control and Severance Agreement (Cutera Inc), Change in Control and Severance Agreement (Harris & Harris Group Inc /Ny/)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with terminates by reason of the Company terminates other than as Employee’s voluntary resignation (and is not a result of an Involuntary Voluntary Termination or Resignation For for Good Reason), or if the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other benefits under this Agreement and shall only be eligible to receive those severance or other benefits except for those (if any) as may then be established under the Company’s then existing severance and and/or benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 2 contracts

Sources: Management Retention Agreement (3com Corp), Management Retention Agreement (3com Corp)

Voluntary Resignation; Termination for Cause. If the Employee’s - Employee -------------------------------------------- voluntarily terminates employment with the Company terminates Company, other than as a result of an Involuntary Termination Termination, or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Companybenefits.

Appears in 2 contracts

Sources: Employment Agreement (Notify Technology Corp), Employment Agreement (Notify Technology Corp)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with the Company (or any parent or subsidiary of the Company) terminates (i) voluntarily by the Employee other than as a result of an Involuntary Termination or Resignation For for Good Reason, or (ii) for Cause by the Company (or any parent or subsidiary of the Company), then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 2 contracts

Sources: Change of Control Agreement (Juniper Networks Inc), Change of Control Agreement (Juniper Networks Inc)

Voluntary Resignation; Termination for Cause. If the Employee voluntarily resigns from the Company (other than in an Involuntary Termination), or if the Company terminates the Employee’s employment with the Company terminates other than as a result of an Involuntary Termination or Resignation For Good Reasonfor Cause, then the Employee will shall not be entitled to receive severance change in control or other benefits as defined in under this Section 2 or other severance or benefits except 7, but shall be eligible for those benefits (if any) as may then be established under any other Section of this Agreement or the Company’s then then-existing severance and benefits plans and practices or pursuant to other written agreements with policies at the Companytime of such termination.

Appears in 2 contracts

Sources: Vp Continuity Agreement (Arthrocare Corp), Senior Vp Continuity Agreement (Arthrocare Corp)

Voluntary Resignation; Termination for Cause. If the Employee voluntarily resigns from the Company, or if the Company terminates the Employee’s employment with the Company terminates other than as a result of an Involuntary Termination or Resignation For Good Reasonfor Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with this Agreement, unless the Companyvoluntary resignation is for Good Reason.

Appears in 2 contracts

Sources: Severance Rights Agreement, Severance Rights Agreement (Neophotonics Corp)

Voluntary Resignation; Termination for Cause. If the Employee’s 's employment with the Company terminates other than as a result by reason of an Involuntary Termination or Resignation For Employee's voluntary resignation (and not for Good Reason), or if Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s 's then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 2 contracts

Sources: Employment Agreement (Computer Access Technology Corp), Employment Agreement (Computer Access Technology Corp)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with the Company terminates voluntarily by Employee (other than as a result of an Involuntary Termination or Resignation For for Good Reason), then the Employee will not be entitled to receive severance change in control benefits as defined in this Section 2 separation pay or other severance or benefits except benefits. If Employee’s employment with the Company is terminated for those (if any) as may then be established under Cause by the Company’s , then existing severance and benefits plans and practices Employee will not be entitled to receive separation pay or pursuant to other written agreements with the Companybenefits.

Appears in 2 contracts

Sources: Severance Agreement (Sycamore Networks Inc), Severance Agreement (Sycamore Networks Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s 's employment with terminates by reason of the Company terminates other than as a result of Employee's voluntary resignation (and is not an Involuntary Termination Termination), or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s 's then existing severance option and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 2 contracts

Sources: Severance Agreement (Corillian Corp), Severance Agreement (Corillian Corp)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with Employee -------------------------------------------- voluntarily resigns from the Company (other than as an Involuntary Termination), or if the Company terminates other than as a result of an Involuntary Termination or Resignation For Good Reasonthe Employee's employment for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s 's then existing severance and benefits plans and practices policies at the time of such resignation or pursuant to other written agreements with the Companytermination.

Appears in 2 contracts

Sources: Employment Agreement (Rational Software Corp), Employment Agreement (Rational Software Corp)

Voluntary Resignation; Termination for Cause. If the Employee’s 's employment with terminates by reason of the Company terminates other than as Employee's voluntary resignation (and is not a result of an Involuntary Termination Severance Termination), or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s 's then existing option, severance and benefits plans and practices practices, pursuant to other agreements with the Company or pursuant to other written agreements with the Companyapplicable law.

Appears in 2 contracts

Sources: Change of Control Severance Agreement (E Piphany Inc), Change of Control Severance Agreement (E Piphany Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s 's employment with terminates by reason of the Company terminates other than as a result of Employee's voluntary resignation (and is not an Involuntary Termination Termination), or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s 's then existing option, severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 2 contracts

Sources: Change of Control Severance Agreement (Intraware Inc), Change of Control Severance Agreement (Corillian Corp)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with the Company terminates other than as in a result of voluntary resignation (and not an Involuntary Termination Termination), or Resignation For Good Reasonif the Employee is terminated for Cause, or if the Employee voluntarily accepts a position within the Corporation below the level of vice president then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established available under the CompanyCorporation’s then existing severance and benefits plans and practices or pursuant to other written agreements with policies existing at the Companytime of such termination.

Appears in 2 contracts

Sources: Executive Change of Control Agreement (Quantum Corp /De/), Chief Executive Change of Control Agreement (Quantum Corp /De/)

Voluntary Resignation; Termination for Cause. If the Employee’s 's employment with terminates by reason of the Company terminates other than as a result of Employee's voluntary resignation that is not an Involuntary Termination Termination, or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s 's then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 2 contracts

Sources: Management Retention Agreement (C Cube Microsystems Inc/De), Management Retention Agreement (C Cube Microsystems Inc/De)

Voluntary Resignation; Termination for Cause. If the Employee voluntarily resigns from the Company (other than for Good Reason (as defined below)) or if the Company terminates the Employee’s employment with the Company terminates other than for Cause (as a result of an Involuntary Termination or Resignation For Good Reasondefined below), then the Employee will shall not be entitled to receive severance change in control payments. The Employee’s benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then will be established terminated under the Company’s then existing severance and benefits benefit plans and practices policies in accordance with such plans and policies in effect on the date of termination or pursuant to other written agreements with as otherwise determined by the Board of Directors of the Company.

Appears in 2 contracts

Sources: Change of Control and Severance Agreement (Vivus Inc), Change of Control and Severance Agreement (Vivus Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with the Company terminates (i) voluntarily by the Employee other than as a result of an Involuntary Termination for Good Reason or Resignation For Good Reason(ii) for Cause by the Company, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 1 contract

Sources: Acquisition Bonus and Severance Agreement (Xcyte Therapies Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s 's employment with terminates by reason of the Company terminates other than as a result of Employee's voluntary resignation (and is not an Involuntary Termination Termination), or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established (and applicable) under the Company’s 's then existing severance and benefits plans and practices or pursuant to other written agreements with policies at the Companytime of such termination.

Appears in 1 contract

Sources: Severance Agreement (State of the Art Inc /Ca)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with terminates by reason of the Company terminates other than as a result of Employee’s voluntary resignation (and is not an Involuntary Termination Termination), or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or any benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the CompanyCompany or required by law.

Appears in 1 contract

Sources: Change of Control Severance Agreement (Latitude Communications Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s 's employment with the Company terminates other than as in a result of voluntary resignation (and not an Involuntary Termination Termination), or Resignation For Good Reasonif the Employee is terminated for Cause, or if Employee voluntarily accepts a position below the level of vice president then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established available under the Company’s then existing Corporation's severance and benefits plans and practices or pursuant to other written agreements with policies existing at the Companytime of such termination.

Appears in 1 contract

Sources: Change of Control Agreement (Snap Appliances Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with the Company terminates other than by reason of Employee’s voluntary resignation (but not as a result of an Involuntary Termination Termination) or Resignation For Good Reasonas a result of Employee’s termination for Cause, then the Employee will not be entitled to receive any severance change in control benefits as defined in this Section 2 or other severance pay or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Companythis Agreement.

Appears in 1 contract

Sources: Change in Control Agreement (Sciclone Pharmaceuticals Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with terminates by reason of the Company terminates other than as a result of Employee’s voluntary resignation (and is not an Involuntary Termination Termination), or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the CompanyCompany (other than the Prior Agreement).

Appears in 1 contract

Sources: Change of Control Severance Agreement (Harmonic Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s Employee voluntarily terminates employment with the Company terminates Company, other than as a result of an Involuntary Termination Termination, or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Companybenefits.

Appears in 1 contract

Sources: Employment Agreement (Notify Technology Corp)

Voluntary Resignation; Termination for Cause. If the -------------------------------------------- Employee’s 's employment with terminates by reason of the Company terminates other than as Employee's voluntary resignation (and is not a result of an Involuntary Voluntary Termination or Resignation For for Good Reason), or if the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s 's then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 1 contract

Sources: Management Retention Agreement (Palm Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s - -------------------------------------------- Employee voluntarily terminates employment with the Company terminates Company, other than as a result of an Involuntary Termination Termination, or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Companybenefits.

Appears in 1 contract

Sources: Employment Agreement (Notify Technology Corp)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with 's continuous status as an employee of the Company terminates other than by reason of the Employee's voluntary resignation (and not Involuntary Termination) or if the Employee's continuous status as an employee of the Company is terminated for Cause, in either case prior to a result Change of Control and an Involuntary Termination or Resignation For Good ReasonTermination, then the Employee will shall not be entitled to receive the severance change in control benefits as defined in this Section 2 or payment and other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Companybenefits.

Appears in 1 contract

Sources: Employee Severance Agreement (Lamaur Corp)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with Employee voluntarily resigns from the Company terminates other than as a result of an Involuntary Termination or Resignation For Good Reasonis terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits hereunder except for those (those, if any) , as may then be established available under the Company’s then existing 's severance and benefits plans and practices or pursuant to other written agreements with policies then existing at the Companytime of such termination.

Appears in 1 contract

Sources: Change of Control Agreement (Alsius Corp)

Voluntary Resignation; Termination for Cause. If the Employee’s Employee voluntarily terminates employment with the Company terminates Company, other than as a result of an Involuntary Termination Termination, or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s 's then existing severance and benefits plans and practices or pursuant to other written agreements with policies at the Companytime of such termination.

Appears in 1 contract

Sources: Employment Agreement (Notify Technology Corp)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with 's continuous status as an employee of the Company terminates other than as (i) for any reason prior to a result Change of an Control, (ii) after change of control, by reason of Employee's voluntary resignation (and not Involuntary Termination Termination) or Resignation For Good Reason(iii) for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this under Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Company1 hereof.

Appears in 1 contract

Sources: Employee Severance Agreement (Hello Direct Inc /De/)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with Employee voluntarily resigns from the Company (and such resignation is not an Involuntary Termination defined in Section 3(c)), or if the Company terminates other than as a result of an Involuntary Termination or Resignation For Good Reasonthe Employee's employment for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s 's then existing severance and benefits benefit plans and practices or pursuant to other written agreements with at the Companytime of such termination.

Appears in 1 contract

Sources: Retention Agreement (Netratings Inc)

Voluntary Resignation; Termination for Cause. If the Employee voluntarily resigns from the Company (other than for Good Reason) or if the Company terminates the Employee’s employment with the Company terminates other than as a result of an Involuntary Termination or Resignation For Good Reasonfor Cause, then the Employee will shall not be entitled to receive severance change in control payments. The Employee’s benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then will be established terminated under the Company’s then existing severance and benefits benefit plans and practices policies in accordance with such plans and policies in effect on the date of termination or pursuant to other written agreements with as otherwise determined by the CompanyBoard.

Appears in 1 contract

Sources: Change of Control and Severance Agreement (Vivus Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with the Company terminates other than by reason of Employee’s voluntary resignation (but not as a result of an Involuntary Termination termination by the Company without Cause) or Resignation For Good Reasonas a result of Employee’s termination by the Company for Cause, then the Employee will shall be entitled only to Employee’s Accrued Compensation and shall not be entitled to receive any severance change in control benefits as defined in under this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.Agreement. WEST\258814678.22

Appears in 1 contract

Sources: Employee Retention Agreement (Sciclone Pharmaceuticals Inc)

Voluntary Resignation; Termination for Cause. If the Employee voluntarily resigns from the Company (other than for Good Reason) or if the Company terminates the Employee’s employment with the Company terminates other than as a result of an Involuntary Termination or Resignation For Good Reasonfor Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.severance

Appears in 1 contract

Sources: Change of Control and Severance Agreement (Vivus Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with the Company terminates other than as a result of an Involuntary Termination or Resignation For Good Reason, then the Employee will not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 1 contract

Sources: Employment Severance Agreement (Trans1 Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with the Company terminates other than by reason of Employee’s voluntary resignation (but not as a result of an Involuntary Termination termination by the Company without Cause) or Resignation For Good Reasonas a result of Employee’s termination by the Company for Cause, then the Employee will shall be entitled only to Employee’s Accrued Compensation and shall not be entitled to receive any severance change in control benefits as defined in under this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.Agreement. WEST\258814665.2

Appears in 1 contract

Sources: Employee Retention Agreement (Sciclone Pharmaceuticals Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with the Company terminates other than as by reason of Employee’s voluntary resignation (and is not a result of an Involuntary Voluntary Termination or Resignation For for Good Reason), or if Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits (including the Benefits set forth above) except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices plans, if any, or pursuant to other written agreements with the Company.

Appears in 1 contract

Sources: Change of Control Severance Agreement

Voluntary Resignation; Termination for Cause. If the Employee’s 's employment with terminates by reason of the Company terminates other than as Employee's voluntary resignation (and is not a result Change of an Involuntary Termination Control Termination), or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s 's then existing option, severance and benefits plans and practices practices, pursuant to other agreements with the Company or pursuant to other written agreements with the Companyapplicable law.

Appears in 1 contract

Sources: Severance Agreement (E Piphany Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with terminates by reason of the Company terminates other than as a result of Employee’s voluntary resignation (and is not an Involuntary Termination Termination), or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive a severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 1 contract

Sources: Change of Control Severance Agreement (Cell Genesys Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s 's employment with terminates in a voluntary resignation, or if the Company terminates other than as Employee is terminated for Cause, or if the Employee voluntarily accepts a result position below the level currently held by the Employee at the time of an Involuntary Termination or Resignation For Good Reason, a Change in Control then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established available under the Company’s then existing 's severance and benefits plans and practices or pursuant to other written agreements with policies existing at the Companytime of such termination.

Appears in 1 contract

Sources: Employee Retention Agreement (Qad Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with the Company terminates other than by reason of Employee’s voluntary resignation (but not as a result of an Involuntary Termination termination by the Company without Cause) or Resignation For Good Reasonas a result of Employee’s termination by the Company for Cause, then the Employee will shall be entitled only to Employee’s Accrued Compensation and shall not be entitled to receive any severance change in control benefits as defined in under this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.Agreement. WEST\258814599.22

Appears in 1 contract

Sources: Employee Retention Agreement (Sciclone Pharmaceuticals Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with the Company terminates other than as by reason of the Employee’s voluntary resignation (and is not a result of an Involuntary Voluntary Termination or Resignation For for Good Reason), or if the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then separately be established provided under another of the Company’s then then-existing severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 1 contract

Sources: Management Retention Agreement (Palm Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with Employee voluntarily resigns from the Company (other than a resignation that is an Involuntary Termination), or if the Company terminates other than as a result of an Involuntary Termination or Resignation For Good Reasonthe Employee's employment for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (those, if any) , as may then be established under the Company’s then 's then-existing severance and benefits plans and practices policies at the time of such resignation or pursuant to other written agreements with the Companytermination.

Appears in 1 contract

Sources: Employment Agreement (Synopsys Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s 's employment with terminates by reason of the Company terminates other than as a result of Employee's voluntary resignation (and is not an Involuntary Termination Termination), or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 extended notice of termination or other severance or benefits except for those (if any) as may then be established under the Company’s 's then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 1 contract

Sources: Change of Control Agreement (C Ats Software Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s 's -------------------------------------------- employment with terminates by reason of the Company terminates other than as Employee's voluntary resignation (and is not a result of an Involuntary Voluntary Termination or Resignation For for Good Reason), or if the Employee is terminated for Cause, then the Employee will shall not be entitled to receive severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s 's then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 1 contract

Sources: Management Retention Agreement (Palm Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s employment with terminates by reason of the Company terminates other than as a result of Employee’s voluntary resignation (and is not an Involuntary Termination Termination), or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive a severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Contract of Employment or the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 1 contract

Sources: Change of Control Severance Agreement (Cell Genesys Inc)

Voluntary Resignation; Termination for Cause. If the Employee’s 's employment with terminates by reason of the Company terminates other than as a result of Employee's voluntary resignation (and is not an Involuntary Termination Termination), or Resignation For Good Reasonif the Employee is terminated for Cause, then the Employee will shall not be entitled to receive a severance change in control benefits as defined in this Section 2 or other severance or benefits except for those (if any) as may then be established under the Company’s 's then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 1 contract

Sources: Change of Control Severance Agreement (Cell Genesys Inc)