Sentences with phrase «damages upon termination»

An employer may limit the damages it is required to pay a dismissed employee upon dismissal by inserting language into the employment contract that limits the employee's entitlement to damages upon termination.

Not exact matches

Actual results may vary materially from those expressed or implied by forward - looking statements based on a number of factors, including, without limitation: (1) risks related to the consummation of the Merger, including the risks that (a) the Merger may not be consummated within the anticipated time period, or at all, (b) the parties may fail to obtain shareholder approval of the Merger Agreement, (c) the parties may fail to secure the termination or expiration of any waiting period applicable under the HSR Act, (d) other conditions to the consummation of the Merger under the Merger Agreement may not be satisfied, (e) all or part of Arby's financing may not become available, and (f) the significant limitations on remedies contained in the Merger Agreement may limit or entirely prevent BWW from specifically enforcing Arby's obligations under the Merger Agreement or recovering damages for any breach by Arby's; (2) the effects that any termination of the Merger Agreement may have on BWW or its business, including the risks that (a) BWW's stock price may decline significantly if the Merger is not completed, (b) the Merger Agreement may be terminated in circumstances requiring BWW to pay Arby's a termination fee of $ 74 million, or (c) the circumstances of the termination, including the possible imposition of a 12 - month tail period during which the termination fee could be payable upon certain subsequent transactions, may have a chilling effect on alternatives to the Merger; (3) the effects that the announcement or pendency of the Merger may have on BWW and its business, including the risks that as a result (a) BWW's business, operating results or stock price may suffer, (b) BWW's current plans and operations may be disrupted, (c) BWW's ability to retain or recruit key employees may be adversely affected, (d) BWW's business relationships (including, customers, franchisees and suppliers) may be adversely affected, or (e) BWW's management's or employees» attention may be diverted from other important matters; (4) the effect of limitations that the Merger Agreement places on BWW's ability to operate its business, return capital to shareholders or engage in alternative transactions; (5) the nature, cost and outcome of pending and future litigation and other legal proceedings, including any such proceedings related to the Merger and instituted against BWW and others; (6) the risk that the Merger and related transactions may involve unexpected costs, liabilities or delays; (7) other economic, business, competitive, legal, regulatory, and / or tax factors; and (8) other factors described under the heading «Risk Factors» in Part I, Item 1A of BWW's Annual Report on Form 10 - K for the fiscal year ended December 25, 2016, as updated or supplemented by subsequent reports that BWW has filed or files with the SEC.

Resident's failure to timely vacate upon any such termination shall be a default under the lease and monthly rent shall be calculated at the full Lease amount in assessing any damages or costs.

Two of the provisions confirmed that Holm was not entitled to any additional compensation, damages, pay in lieu of notice or further notice of termination upon termination without cause, other than what was provided by s. 2 (2).

A contract is a contract and, as expressed by Chief Justice Winkler on behalf of a unanimous court, «From a practical perspective, it is worth repeating that if parties to an employment agreement specifying a fixed amount of damages intend for mitigation to apply upon termination without cause, they must express that intention in clear and specific language in the contract.»

Contract — Counterclaim for damages for repudiatory breach or renunciation — Contract terminated by defendant by reason of claimant going into administration — Whether claimant in repudiatory breach — Whether defendant could rely upon repudiation or renunciation where termination was not based on breach.

Damages payable upon termination of employment may include benefits during the reasonable notice period, including any bonuses and other incentives that would otherwise have fallen due during that period.

Employers who desire to require former employees to mitigate their damages and thereby potentially reduce the amount to which employees are entitled upon dismissal must ensure that the employment agreement expressly states that the termination entitlement is subject to the duty to mitigate.