Common use of Date of Termination, Etc Clause in Contracts

Date of Termination, Etc. “Date of Termination” shall mean (a) if your employment is terminated due to your death, the date of your death; (b) if your employment is terminated for Extended Disability thirty (30) days after Notice of Termination is given (provided that you shall not have returned to the full-time performance of your duties during such thirty (30)-day period), and (c) if your employment is terminated pursuant to Section 3(ii) or Section 3(iii) or for any other reason (other than death or due to being Disabled), the date specified in the Notice of Termination (which, in the case of a termination for Cause shall not be less than thirty (30) days from the date such Notice of Termination is given, and in the case of a termination for Good Reason shall not be less than fifteen (15) nor more than sixty (60) days from the date such Notice of Termination is given). Notwithstanding anything to the contrary contained in this Section 3(v), if within fifteen (15) days after any Notice of Termination is given, the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, then the Date of Termination shall be the date on which the dispute is finally determined, either by mutual written agreement of the parties, or as set forth in Section 10; provided, however, that the Date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues the resolution of such dispute with reasonable diligence.

Date of Termination, Etc. “Date of Termination” shall mean (a) if your employment is terminated due to your death, the date of your death; (b) if your employment is terminated for Extended Disability Disability, thirty (30) days after Notice of Termination is given (provided that you shall not have returned to the full-time performance of your duties during such thirty (30)-day 30) day period), and (c) if your employment is terminated pursuant to Section 3(ii) 3.3 or Section 3(iii) 3.4 or for any other reason (other than death or due to being DisabledDisability), the date specified in the Notice of Termination (which, which in the case of a termination for Cause or Good Reason shall not be less than the date thirty (30) days from after the date such Notice of Termination is given, and in the case of a termination for Good Reason shall not be less than fifteen (15) nor more than sixty (60) days from the date such on which Notice of Termination is given). Notwithstanding anything to the contrary contained in this Section 3(v)3.6, if within fifteen (15) days after any Notice of Termination is given, the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, then the Date of Termination shall be the date on which the dispute is finally determined, either by mutual written agreement of the parties, or as set forth in Section 10otherwise; provided, however, that (i) the Date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues the resolution of such dispute with reasonable diligence; and (ii) in the event of your death pending a dispute, and the resolution of such dispute is ultimately in your favor, then the Date of Termination shall be the date specified in the Notice of Termination.

Date of Termination, Etc. “Date of Termination” " shall mean (a) if your employment is terminated due to your death, the date of your death; (b) if your employment is terminated for Extended Disability Disability, thirty (30) days after Notice of Termination is given (provided that you shall not have returned to the full-time performance of your duties during such thirty (30)-day 30) day period), and (c) if your employment is terminated pursuant to Section 3(ii) 3.3 or Section 3(iii) 3.4 or for any other reason (other than death or due to being DisabledDisability), the date specified in the Notice of Termination (which, in the case of a termination for Cause shall not be less than thirty (30) days from the date such Notice of Termination is given, and in the case of a termination for Good Reason shall not be less than fifteen (15) nor more than sixty (60) days from the date such Notice of Termination is given). Notwithstanding anything to the contrary contained in this Section 3(v)3.6, if within fifteen (15) days after any Notice of Termination is given, the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, then the Date of Termination shall be the date on which the dispute is finally determined, either by mutual written agreement of the parties, or as set forth in Section 10otherwise; providedPROVIDED, howeverHOWEVER, that (i) the Date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues the resolution of such dispute with reasonable diligence; and (ii) in the event of your death pending a dispute, and the resolution of such dispute is ultimately in your favor, then the Date of Termination shall be the date specified in the Notice of Termination.

Date of Termination, Etc. “Date of Termination” shall mean (a) means if your employment is terminated due to your death, the date of your death; (b) if your employment is terminated for Extended Disability thirty (30) days after Notice of Termination is given (provided that you shall not have returned to the full-time performance of your duties during such thirty (30)-day period), and (c) if your Executive’s employment is terminated pursuant to Section 3(ii4(ii) or Section 3(iii(iii) or for any other reason (other than death or due to being Disabled)above, the date specified in the Notice of Termination (which, in the case of a termination for Cause shall not be less than thirty (30) days from the date such Notice of Termination is given, and in the case of a termination for Good Reason shall not be less than fifteen (15) nor more than sixty (60) days from the date such Notice of Termination is given). Notwithstanding anything to the contrary contained in this Section 3(v), ; provided that if within fifteen (15) days after any Notice of Termination is given, or, if later, prior to the Date of Termination (as determined without regard to this proviso), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, then the Date of Termination shall be the date on which the dispute is finally determined, either by mutual written agreement of the parties, parties or as set forth in Section 10by a binding arbitration award; provided, however, and provided further that the Date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues the resolution of such dispute with reasonable diligence. Notwithstanding the foregoing sentence, if the Executive is entitled to the benefits provided in Section 5(ii) upon a Separation of Service, such benefits will be paid to the Executive no later than March 15th of the calendar year following the calendar year in which such Notice of Termination is given. During the pendency of any such dispute, (1) the Executive shall not be required to report for work or otherwise continue to perform his or her duties with the Company and (2) the Company will continue to pay to the Executive his or her full compensation in effect when the notice giving rise to the dispute was given (including, but not limited to, base salary) and, to the extent permissible by law, continue the Executive and his or her dependents as a participant in all compensation, benefit and insurance plans in which he or she or they were participating when the notice giving rise to the dispute was given, until the dispute is finally resolved in accordance with this Section 4(v). Amounts paid under this Section 4(v) are in addition to all other amounts due under this Agreement and shall not reduce any other amounts due under this Agreement.

Date of Termination, Etc. “Date of Termination” " shall mean (a) if your employment is terminated due to your death, the date of your death; (b) if your employment is terminated for Extended Disability thirty (30) days after Notice of Termination is given (provided that you shall not have returned to the full-time performance of your duties during such thirty (30)-day period), and (c) if your employment is terminated pursuant to Section 3(ii) or Section 3(iii) or for any other reason (other than death or due to being DisabledDisability), the date specified in the Notice of Termination (which, in the case of a termination for Cause shall not be less than thirty (30) days from the date such Notice of Termination is given, and in the case of a termination for Good Reason shall not be less than fifteen (15) nor more than sixty (60) days from the date such Notice of Termination is given). Notwithstanding anything to the contrary contained in this Section 3(v), if within fifteen (15) days after any Notice of Termination is given, the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, then the Date of Termination shall be the date on which the dispute is finally determined, either by mutual written agreement of the parties, or as set forth in Section 10; provided, however, that the Date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues the resolution of such dispute with reasonable diligence.. January 15, 2002

Date of Termination, Etc. “Date of Termination” shall mean (a) if your employment is terminated due to your death, the date of your death; (b) if your employment is terminated for Extended Disability Disability, thirty (30) days after Notice of Termination is given (provided that you shall not have returned to the full-time performance of your duties during such thirty (30)-day 30) day period), and (c) if your employment is terminated pursuant to Section 3(ii) 3.3 or Section 3(iii) 3.4 or for any other reason (other than death or due to being DisabledDisability), the date specified in the Notice of Termination (which, which in the case of a termination for Cause or Good Reason shall not be less than the date thirty (30) days from after the date such Notice of Termination is given, and in the case of a termination for Good Reason shall not be less than fifteen (15) nor more than sixty (60) days from the date such on which Notice of Termination is given). Notwithstanding anything to the contrary contained in this Section 3(v)3.6, if within fifteen (15) days after any Notice of Termination is givengiven to you, you notify the party receiving such Notice of Termination notifies the other party Corporation that a you dispute exists concerning the termination, then the Date of Termination shall be the date on which the dispute is finally determined, either determined in the Corporation’s favor or such date as is agreed upon in writing by mutual written agreement of the parties, or as set forth in Section 10; provided, however, that (i) the Date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues you pursue the resolution of such dispute with reasonable diligence; (ii) in the event of your death pending a dispute, and the resolution of such dispute is ultimately in the Corporation’s favor, then the Date of Termination shall be the date specified in the Notice of Termination, and (iii) if the resolution of such dispute is ultimately in your favor, you will be compensated as if you had worked without interruption during the pendency of the dispute. You shall not be obligated to perform any services after the Date of Termination specified in any notice that would prevent the termination of your employment on such Date of Termination from qualifying as a “separation from service” as defined in Treasury Regulation Section 1.409A-1(h) (a “Separation from Service”).

Date of Termination, Etc. “Date of Termination” shall mean (a) if your employment is terminated due to your death, the date of your death; (b) if your employment is terminated for Extended Disability Disability, thirty (30) days after Notice of Termination is given (provided that you shall not have returned to the full-time performance of your duties during such thirty (30)-day 30) day period), and (c) if your employment is terminated pursuant to Section 3(ii) 3.3 or Section 3(iii) 3.4 or for any other reason (other than death or due to being DisabledDisability), the date specified in the Notice of Termination (which, which in the case of a termination for Cause or Good Reason shall not be less than the date thirty (30) days from after the date such Notice of Termination is given, and in the case of a termination for Good Reason shall not be less than fifteen (15) nor more than sixty (60) days from the date such on which Notice of Termination is given). Notwithstanding anything any other provision of this Section 3.6 to the contrary contained in this Section 3(v)contrary, if within fifteen (15) days after any Notice of Termination is givengiven to you, you notify the party receiving such Notice of Termination notifies the other party Corporation that a you dispute exists concerning the termination, then the Date of Termination shall be the date on which the dispute is finally determined, either determined in the Corporation's favor or such date as is agreed upon in writing by mutual written agreement of the parties, or as set forth in Section 10; provided, however, that (i) the Date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues you pursue the resolution of such dispute with reasonable diligence; (ii) in the event of your death pending a dispute, and the resolution of such dispute is ultimately in the Corporation's favor, then the Date of Termination shall be the date specified in the Notice of Termination, and (iii) if the resolution of such dispute is ultimately in your favor, you will be compensated as if you had worked without interruption during the pendency of the dispute. You shall not be obligated to perform any services after the Date of Termination specified in any notice that would prevent the termination of your employment on such Date of Termination from qualifying as a “separation from service” as defined in Treasury Regulation Section 1.409A-1(h) (a “Separation from Service”).

Date of Termination, Etc. “Date of Termination” shall mean (a) if your employment is terminated due to your death, the date of your death; (b) if your employment is terminated for Extended Disability thirty (30) days after Notice of Termination is given (provided that you shall not have returned to the full-time performance of your duties during such thirty (30)-day period), and (c) if your employment is terminated pursuant to Section 3(ii) or Section 3(iii) or for any other reason (other than death or due to being Disabled), the date specified in the Notice of Termination (which, in the case of a termination for Cause shall not be less than thirty (30) days from the date such Notice of Termination is given, and in the case of a EXECUTIVE -5- DATE termination for Good Reason shall not be less than fifteen (15) nor more than sixty (60) days from the date such Notice of Termination is given). Notwithstanding anything to the contrary contained in this Section 3(v), if within fifteen (15) days after any Notice of Termination is given, the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, then the Date of Termination shall be the date on which the dispute is finally determined, either by mutual written agreement of the parties, or as set forth in Section 10; provided, however, that the Date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues the resolution of such dispute with reasonable diligence.

Date of Termination, Etc. “Date of Termination” " shall mean (a) if your employment is terminated due to your death, the date of your death; (b) if your employment is terminated for Extended Disability thirty (30) days after Notice of Termination is given (provided that you shall not have returned to the full-time performance of your duties during such thirty (30)-day period), and (c) if your employment is terminated pursuant to Section 3(ii) or Section 3(iii) or for any other reason (other than death or due to being DisabledDisability), the date specified in the Notice of Termination (which, in the case of a termination for Cause shall not be less than thirty (30) days from the date such Notice of Termination is given, and in the case of a termination for Good Reason shall not be less than fifteen (15) nor more than sixty (60) days from the date such Notice of Termination is given). Notwithstanding anything to the contrary contained in this Section 3(v), if within fifteen (15) days after any Notice of Termination is given, the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, then the Date of Termination shall be the date on which the dispute is finally determined, either by mutual written agreement of the parties, or as set forth in Section 10; provided, however, that the Date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues the resolution of such dispute with reasonable diligence.

Date of Termination, Etc. “Date of Termination” " shall mean (a) if your employment is terminated due to your death, the date of your death; (b) if your employment is terminated for Extended Disability thirty (30) days after Notice of Termination is given (provided that you shall not have returned to the full-time performance of your duties during such thirty (30)-day period), and (cb) if your employment is terminated pursuant to Section 3(ii3(iii) or Section 3(iii3(iv) or for any other reason (other than death or due to being DisabledDisability), the date specified in the Notice of Termination (which, in the case of a termination for Just Cause shall not be less than thirty (30) days from the date such Notice of Termination is given, and in the case of a termination for Good Reason shall not be less than fifteen (15) nor more than sixty (60) days from the date such Notice of Termination is given). Notwithstanding anything to the contrary contained in this Section 3(v3(vi), if within fifteen (15) days after any Notice of Termination is given, the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, then the Date of Termination shall be the date on which the dispute is finally determined, either by mutual written agreement of the parties, or as set forth in Section 108; provided, however, that the Date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues the resolution of such dispute with reasonable diligence.