Premature Termination. (i) In the event of the termination of the employment of the Executive under this Agreement by the Employer because of failure to meet the minimum no-growth budget (attached hereto) or for any reason other than expiration of the term hereof or a "for-cause" termination in accordance with the provisions of paragraph (d) of this Section 3, then notwithstanding any actual or allegedly available alternative employment or other mitigation of damages by or available to the Executive, the Executive shall be entitled to a "Lump Sum Payment" equal to the sum of: (w) his monthly Base Salary then payable, multiplied by the remaining number of months or partial months until expiration of the Basic Term or renewal term, if any, and an annualized and proportional amount equal to the average of the two (2) most recent annual Performance Bonuses that the Executive received; For purposes of calculating the Lump Sum Payment amounts due, the Executive's employment with the Employer shall be agreed to have commenced on October , 1997. In the event of a termination governed by this subparagraph (b)(i) of Section 3, the Employer shall also: (y) notwithstanding the vesting schedule otherwise applicable, fully vest all of Executive's options outstanding under any option or stock incentive plan herein after established by Employer ("Option Plan") and allow a period of eighteen (18) months following the termination of employment for the Executive to exercise any such options; and (z) continue for the Executive (provided that such items are not available to him by virtue of other employment secured after termination) the perquisites. plans and benefits provided under the Employer's Perquisite Policy and Benefit Plans as of and after the date of termination, [all items in (z) being collectively referred to as "Post-Termination Perquisites and Benefits"], for the lesser of the number of full months the Executive has theretofore been employed by the Employer or twenty four (24) months following such termination. The payments and benefits provided under (w), (x), (y) and (z) above by the Employer shall not be offset against or diminish any other compensa- tion or benefits accrued as of the date of termination.
Premature Termination. This agreement shall be subject to pre-mature Termination by mutual consent only by giving a written notice to the other party. The premature termination of this agreement shall be governed as per the provision of open access regulation of Hon’ble GERC.
Premature Termination. Anything in this Agreement contained to the contrary notwithstanding:
Premature Termination. (i) In the event of the termination of this Agreement by the Employer prior to the last day of the then current term for any reason other than a termination in accordance with the provisions of Section 5(e) (Termination for Cause), then notwithstanding any mitigation of damages by the Executive, the Employer shall pay the Executive a sum equal to one (1) times the amount of the Executive’s then-current annual Base Salary. In addition, the Employer shall reimburse the Executive for continued coverage (COBRA continuation coverage) for the Executive and the Executive’s dependents (if applicable) under the health insurance programs maintained by the Employer for the twelve (12) month period immediately following the Executive’s termination of employment; provided, however, that the continued payment of these amounts by the Employer shall not offset or diminish any compensation or benefits accrued as of the date of termination.
Premature Termination. MIDOCS will use reasonable efforts to assist Resident in fulfilling his or her obligations for Loan Assistance pursuant to this Addendum. In the event of Resident’s voluntary termination of this Addendum prior to full satisfaction of Resident’s obligations for Loan Assistance hereunder, unless mutually agreed to by all parties, Resident shall:
Premature Termination. In the event of changes in work requirements that affect the identified scope of work for a term employee, the Company may identify an alternative scope of work for which the term employee is suitably qualified and assign the term employee to this work for the remaining duration of the term. Otherwise the Company shall terminate the term arrangement in accordance with the following:
Premature Termination. 18.1 Without prejudice to any remedy it may have against the other Party for breach or non- performance under this Agreement, either Party shall have the right to terminate the Agreement with immediate effect:
Premature Termination. Upon premature termination of this lease for any reason (including, without departing from the generality of the aforegoing, termination by a trustee or liquidator of the TENANT following insolvency or liquidation) then until the TENANT or its legal representative prove to the contrary, the TENANT shall be deemed to be indebted to the LANDLORD, inter alia for damages for loss of rental in a sum equal to the aggregate of the basic and additional rental which would be payable under the lease but for its termination.
Premature Termination. During the term of this Agreement, Party B shall not terminate this Agreement, unless Party A is involved in any gross negligence, fraud or other illegal acts or goes bankrupt. Notwithstanding the foregoing, Party A may terminate this Agreement at any time upon prior thirty (30) days written notice to Party B. During the term of this Agreement, if Party B breaches this Agreement and fails to cure its breach within fourteen (14) days upon receipt of Party A’s written notice regarding such breach, Party A may inform Party B in writing to terminate this Agreement.
Premature Termination. Each party has the right to immediately terminate the Agreement if the other party is in material breach of its obligations under this Agreement and not within 30 days after a written request received from the other Party has taken corrective action, or if the other party is declared bankrupt, commences composition negotiations, is subject to reorganization or is otherwise insolvent.
