Extension or Renewal. This Agreement may be extended or renewed upon mutual written agreement of the parties. Unless this Agreement has sooner been terminated for any of the reasons stated in Section 8(a), (b), (c) or (d) of this Agreement, and further provided that Executive would otherwise be physically and mentally able to perform the essential functions of Executive’s position at such time, with or without reasonable accommodation, the parties shall endeavor to commence renewal or extension discussions no later than 120 days prior to the expiration of the then existing Term of Employment. If, by the end of the then existing Term of Employment, the Company has not made an offer to Executive for continued employment with the Company beyond such date on terms substantially similar to the terms then in effect pursuant to this Agreement, Executive’s employment shall terminate as of such date, and Executive will be entitled to compensation and benefits under Section 8(c) of this Agreement as if Executive’s employment had been terminated without Cause. If prior to the end of the then existing Term of Employment, the Company makes an offer to Executive for continued employment with the Company beyond such date on terms substantially similar to the terms then in effect pursuant to this Agreement, and Executive rejects such offer, Executive’s employment shall terminate as of the then existing Term of Employment, and (i) the Company will pay Executive a lump sum amount equal to one (1) times Annual Base Salary payable, subject to Section 8(h), within 30 days following Executive’s termination of employment and (ii) for one year following termination of employment, the Company will provide the Continuation Benefits; provided, however, that the Company’s obligation to provide the Continuation Benefits shall end at such time as Executive obtains health insurance benefits through another employer or otherwise in connection with rendering services for a third party. The parties agree to cooperate such that the Continuation Benefits are, to the extent practicable, provided in a manner so as to minimize adverse tax consequences to the Company under Section 4980D of the Code. For purposes of this Section 8(e), the determination of whether the Company has made an offer to Executive for continued employment on substantially similar terms shall be made without regard to the grant or existence of the One-Time Performance-Based Incentive Award.
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Samples: Employment Agreement (Mylan Inc.), Employment Agreement (Mylan Inc.)
Extension or Renewal. This Agreement may be extended or renewed upon mutual written agreement of the parties. Unless this Agreement has sooner been terminated for any of the reasons stated in Section 8(a), (b), (c) or (d) of this Agreement, and further provided that Executive would otherwise be physically and mentally able to perform the essential functions of Executive’s position at such time, with or without reasonable accommodation, the parties shall endeavor to commence renewal or extension discussions no later than 120 days prior to the expiration of the then existing Term of Employment. If, by the end of the then existing Term of Employment, the Company has not made an offer to Executive for continued employment with the Company beyond such date on terms substantially similar to the terms then in effect pursuant to this Agreement, Executive’s employment shall terminate as of such date, date and Executive will be entitled to compensation and benefits under Section 8(c) of this Agreement as if Executive’s employment had been terminated without Cause. If prior to the end of the then existing Term of Employment, the Company makes an offer to Executive for continued employment with the Company beyond such date on terms substantially similar to the terms then in effect pursuant to this Agreement, and Executive rejects such offer, Executive’s employment shall terminate as of the then existing Term of Employment, and (i) the Company will pay Executive a lump sum amount equal to one (1) times Annual Base Salary payable, subject to Section 8(h), within 30 days following Executive’s termination of employment and (ii) for one year following termination of employment, the Company will provide the Continuation Benefits; provided, however, that the Company’s obligation to provide the Continuation Benefits shall end at such time as Executive obtains health insurance benefits through another employer or otherwise in connection with rendering services for a third party. The parties agree to cooperate such that the Continuation Benefits are, to the extent practicable, provided in a manner so as to minimize adverse tax consequences to the Company under Section 4980D of the Code. For purposes of this Section 8(e), the determination of whether the Company has made an offer to Executive for continued employment on substantially similar terms shall be made without regard to the grant or existence of the One-Time Performance-Based Incentive Award.
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Extension or Renewal. This Agreement may be extended or renewed upon mutual written agreement of the parties. Unless this Agreement has sooner been terminated for any of the reasons stated in Section 8(a), (b), (c) or (d) of this Agreement, and further provided that Executive would otherwise be physically and mentally able to perform the essential functions of Executive’s position at such time, with or without reasonable accommodation, the parties shall endeavor to commence renewal or extension discussions no later than 120 days prior to the expiration of the then existing Term of Employment. If, by the end of the then existing Term of Employment, the Company has not made an offer to Executive for continued employment with the Company beyond such date on terms substantially similar to the terms then in effect pursuant to this Agreement, Executive’s employment shall terminate as of such date, and Executive will be entitled to compensation and benefits under Section 8(c) of this Agreement as if Executive’s employment had been terminated without Cause. If prior to the end of the then existing Term of Employment, the Company makes an offer to Executive for continued employment with the Company beyond such date on terms substantially similar to the terms then in effect pursuant to this Agreement, and Executive rejects such offer, Executive’s employment shall terminate as of the then existing Term of Employment, and (i) the Company will pay Executive a lump sum amount equal to one (1) times Annual Base Salary payable, subject to Section 8(h), within 30 days following Executive’s termination of employment and (ii) for one year following termination of employment, the Company will provide the Continuation Benefits; provided, however, that the Company’s obligation to provide the Continuation Benefits shall end at such time as Executive obtains health insurance benefits through another employer or otherwise in connection with rendering services for a third party. The parties agree to cooperate such that the Continuation Benefits are, to the extent practicable, provided in a manner so as to minimize adverse tax consequences to the Company under Section 4980D of the Code. For purposes of this Section 8(e), the determination of whether the Company has made an offer to Executive for continued employment on substantially similar terms shall be made without regard to the grant or existence of the One-Time Performance-Based Incentive Award.
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