Breach by the Executive Sample Clauses

Breach by the Executive. Both parties to this Agreement recognize that the services to be rendered under this Agreement by the Executive are special, unique and extraordinary in character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement to be performed by the Executive, FAFCO shall be entitled, if it so elects, to institute and prosecute proceedings consistent with the provisions of Section 14, either in law or in equity, to obtain damages for any breach of this Agreement or to enforce the specific performance thereof by the Executive.
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Breach by the Executive. The Executive acknowledges that a violation by him of any provision of Section 2 of this Agreement (each, a “Business Protection Covenant”) may cause irreparable injury to the Farmers Companies, and that there may be no adequate remedy at law for such violation. Therefore, the Executive agrees that, in addition to any other remedies for his violation of a Business Protection Covenant available to the Farmers Companies, which shall include the recovery of all damages incurred, as well as reasonable attorney’s fees and other costs, (i) the Farmers Companies shall have the right, in the event of the breach or threatened breach of a Business Protection Covenant, to seek an injunction and/or temporary restraining order against such breach or threatened breach and/or to specifically enforce such Business Protection Covenant, (ii) the duration of such Business Protection Covenant shall be extended by the period of the breach and any litigation with respect thereto, and (iii) the Company shall have the right to recover the payment made pursuant to Section 3 hereof, but the Executive’s obligations under this Agreement shall remain in full force and effect.
Sample 1
Breach by the Executive. In addition to the remedies specified in Section 5(a), if the Executive breaches or threatens to breach any covenant, agreement, obligation, representation or warranty made in this Agreement, then the Company’s obligations under Section 2(b) of this Agreement (and, thus, Section 3(a) of the Change in Control Agreement) shall immediately terminate and the Company shall have the right to recover all payments made to or for the benefit of the Executive hereunder or thereunder, but the Executive’s obligations under this Agreement shall remain in full force and effect; provided, however, that the foregoing shall apply in the event of a breach or threatened breach of any covenant, agreement or obligation, representation or warranty that relates to a claim under the Age Discrimination in Employment Act (the “ADEA”) only if and to the extent permitted by the ADEA. The foregoing remedies shall be in addition to, and not in lieu of, any other remedy, at law or in equity, that the non-breaching Party may have in connection with the breach or threatened breach.
Sample 1
Breach by the Executive. The Company's obligations to the Executive under this Agreement are contingent on the Executive's performance of his agreements and obligations under this Agreement. Any material breach by Executive of his obligations under this Agreement will result in the immediate cancellation of all Executive stock options, the immediate termination of Executive's employment, as well as entitle the Company to all its other remedies in law or equity, including but not limited to a claim for reimbursement of all amounts paid to the Executive hereunder.
Sample 1
Breach by the Executive. The Executive acknowledges that in the event of a material breach of any term of this Agreement, the Company shall be entitled to any and all relief available, including but not limited to the right to reimbursement for any of the consideration paid to the Executive under the terms of this Agreement, with the exception of the first of the monthly installment payments contemplated by Section 4(b)(iii) of the Employment Agreement as more fully described in Appendix A hereto, said payment being deemed sufficient consideration for the Executive’s execution of the release of claims provided in this Agreement; the right to cease any further payments or benefits otherwise due under the terms of this Agreement; injunctive relief; attorney fees; and reimbursement for all costs expended by the Company in securing such relief. Prior to taking any action as a result of the Executive’s material breach of any term of this Agreement, the Company agrees that it shall provide the Executive with prior written notice of the alleged breach and a reasonable opportunity to cure said breach, but no more than seven (7) business days need be provided.
Sample 1
Breach by the Executive. Both parties recognize that the services to be rendered under this Agreement by the Executive are special, unique and extraordinary in character, and that in the event of a breach by Executive of the material terms and conditions of the obligations to be performed by him hereunder, the Company shall be entitled, if it so elects, to institute and prosecute proceedings in any court of competent jurisdiction, either in law or in equity, to obtain damages for any breach of this Agreement, or to enforce the specific performance thereof by the Executive. Without limiting the generality of the foregoing, the parties acknowledge that a breach by the Executive of his material obligations under Sections 6, 7 or 8 could cause the Company irreparable harm for which no adequate remedy at law would be available in respect thereof and that therefore upon proof of the same the Company would be entitled to seek injunctive relief with respect thereto.
Sample 1
Breach by the Executive. The Executive acknowledges that in the event of a material breach of any term of this Agreement, the Company shall be entitled to any and all relief available, including but not limited to the right to reimbursement for any of the consideration paid to the Executive under the terms of this Agreement, with the exception of the first of the 78 bi-weekly payments contemplated by section 9(d)(ii) as outlined in Appendix B hereto, said payment being deemed sufficient consideration for the Executive’s execution of the Release; the right to cease any further payments or benefits otherwise due under the terms of this Agreement; injunctive relief; attorney fees; and reimbursement for all costs expended by the Company in securing such relief. Executive’s Initials: /s/ RXX
Sample 1
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Related to Breach by the Executive

  • Release by the Executive (a) The Executive, on behalf of himself, his agents, heirs, successors, assigns, executors and administrators, in consideration for the termination payments and other consideration provided for under the Employment Agreement, hereby forever releases and discharges the Company, and its successors, its affiliated entities, and, in such capacities, its past and present directors, employees, agents, attorneys, accountants, representatives, plan fiduciaries, successors and assigns from any and all known and unknown causes of action, actions, judgments, liens, indebtedness, damages, losses, claims, liabilities, and demands of whatsoever kind and character in any manner whatsoever arising on or prior to the date of this Release, including but not limited to (i) any claim for breach of contract, breach of implied covenant, breach of oral or written promise, wrongful termination, intentional infliction of emotional distress, defamation, interference with contract relations or prospective economic advantage, negligence, misrepresentation or employment discrimination, and including without limitation alleged violations of Title VII of the Civil Rights Act of 1964, as amended, prohibiting discrimination based on race, color, religion, sex or national origin; the Family and Medical Leave Act; the Americans With Disabilities Act; the Age Discrimination in Employment Act; other federal, state and local laws, ordinances and regulations; and any unemployment or workers’ compensation law, excepting only those obligations of the Company pursuant to Paragraph 5 of the Employment Agreement or otherwise continuing under the Employment Agreement and any claims to benefits under any compensation or benefit plan, program or arrangement in which the Executive was participating as of the date of termination of his employment; (ii) any and all liability that was or may have been alleged against or imputed to the Company by the Executive or by anyone acting on his behalf; (iii) all claims for wages, monetary or equitable relief, employment or reemployment with the Company in any position, and any punitive, compensatory or liquidated damages; and (iv) all rights to and claims for attorneys’ fees and costs except as otherwise provided in the Employment Agreement.

  • Termination by the Executive The Executive may terminate employment hereunder at any time for any reason, including but not limited to, Good Reason. For purposes of this Agreement, “Good Reason” shall mean that the Executive has completed all steps of the Good Reason Process (hereinafter defined) following the occurrence of any of the following events without the Executive’s consent (each, a “Good Reason Condition”):

  • By the Executive The Executive may terminate the Employment at any time with a three-month prior written notice to the Company or by payment of three months’ salary in lieu of notice. In addition, the Executive may resign prior to the expiration of the Agreement if such resignation or an alternative arrangement with respect to the Employment is approved by the Board.

  • Termination of Employment by the Executive During the Term, the Executive may terminate employment with the Company with or without Good Reason (as defined below) by delivering to the Company, not less than thirty (30) days prior to the Termination Date, a written notice of termination; provided, that, if such termination of employment is by the Executive with Good Reason, such notice shall state in reasonable detail the facts and circumstances that constitute Good Reason. This provision does not change the at-will nature of Executive's employment, and the Company may end Executive's employment, pursuant to Executive's notice, prior to the expiration of the thirty (30) days' notice.

  • Termination by the Executive Without Good Reason The Executive may terminate his employment on his own initiative for any reason upon 30 days’ prior written notice to the Company; provided, however, that during such notice period, the Executive shall reasonably cooperate with the Company (at no cost to the Executive) in minimizing the effects of such termination on the Company Group. Such termination shall have the same consequences as a termination for Cause under Section 6.2.

  • Termination by the Executive other than for Good Reason The Executive may terminate this Agreement and Executive’s employment hereunder other than for Good Reason, provided that the Executive gives the Company no less than thirty (30) days prior written notice of such termination.

  • Resignation by the Executive Executive may voluntarily resign from his employment with the Company, provided that Executive shall provide the Company with thirty (30) days advance written notice (which notice requirement may be waived, in whole or in part, by the Company in its sole discretion) of his intent to resign. If Executive so terminates his employment with the Company, other than in accordance with Section 4.5, the Company shall have no obligation other than the payment of the Accrued Obligations to the effective date of such termination.

  • By the Executive Without Good Reason The Executive may terminate his employment without Good Reason at any time upon sixty (60) days’ notice to the Company. The Board may elect to waive such notice period or any portion thereof but, in such event, will pay to the Executive the Base Salary for the period so waived.

  • Voluntary Termination by the Executive Notwithstanding anything in this Agreement to the contrary, the Executive may, upon not less than thirty (30) days' written notice to the Company, voluntarily terminate employment for any reason (including retirement under the terms of the Company's retirement plan as in effect from time to time).

  • Acceptance of Employment by the Executive The Executive hereby accepts such employment and shall render the services and perform the duties described above.

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