Constructively Terminated. “Constructively Terminated” means your voluntary resignation following (A) a change in your position with the Company (or any Parent or Subsidiary employing you) which materially reduces your duties and responsibilities, (B) a reduction in your level of compensation (including base salary, fringe benefits and target bonus under any corporate performance based bonus or incentive programs) or (C) a relocation of your place of employment by more than fifty (50) miles, provided and only if such change, reduction or relocation is effected by the Corporation without your consent. You shall not be deemed to be Constructively Terminated unless you give written notice to the Company that any of the foregoing events has occurred within 90 days of the first occurrence and the Company has had 30 days after such notice to cure such occurrence, if possible.
Appears in 2 contracts
Sources: Employment Agreement (Borland Software Corp), Employment Agreement (Borland Software Corp)