Sentences with phrase «following termination provision»

For example, in Kieran v. Ingram Micro Inc., 2004 CanLII 4852 (ONCA) another panel of the Ontario Court of Appeal reviewed the following termination provision in a stock option plan:

In North v Metaswitch Networks Corporation («North»), the Court of Appeal considered the enforceability of the following termination provision:

Not exact matches

If the Release Requirements are satisfied, then the portion of any payments that would otherwise have been paid during the period between the Termination Date and the Release Date shall instead be paid as soon as reasonably practicable following the Release Date (or, if the Review Period applies and the Board has notified you that it is reviewing your cessation of employment under the lookback provisions of the Cause definition, the end of the Review Period with regard to payments that qualify as short term deferral under Section 409A of the Code).

Even after you cease using the Sites or following termination, the provisions of this Agreement set forth in Sections 6.2, 7, 14, 16 and 17 will remain in effect.

The following provisions of this Agreement will survive termination of this Agreement: Sections 1, 3, 5.4, 5.5, 5.6, 5.7, 5.8, 6, 7, 8, 9, 10, and any other provisions that, by their nature, are intended to survive.

The following provisions of this Agreement will survive termination of this Agreement: Sections 1, 3, 4, 9, 11, 12 and 14.

The following provisions of this Agreement shall survive termination of your use or access to the Site: Disclaimer of Warranties, Limitation of Liability, Submissions Through the Website, Specific Consents, Granted by Your Enrollment, Trademarks, Governing Law and Dispute Resolution, Waiver, Indemnification, General Provisions, and any other provision that by its terms survives termination of your use or access to the Site, the Content, and / or theprovisions of this Agreement shall survive termination of your use or access to the Site: Disclaimer of Warranties, Limitation of Liability, Submissions Through the Website, Specific Consents, Granted by Your Enrollment, Trademarks, Governing Law and Dispute Resolution, Waiver, Indemnification, General Provisions, and any other provision that by its terms survives termination of your use or access to the Site, the Content, and / or theProvisions, and any other provision that by its terms survives termination of your use or access to the Site, the Content, and / or the Services.

For employers with the motivation to diminish the amount of severance paid, better yet, to a mediocre employee, I offer the following eight tips to ensure a valid and enforceable termination provision.

There was no mention of any of the prior case law that had been consistently followed by lower courts in recent years that required termination provisions to mention benefits in order to be enforceable.

The cloud policy may also set out additional institutional requirements and obligations (i.e., monitoring changes to the agreement, especially for privacy and security safeguards, ensuring destruction of data following contract termination, having clear termination / transition assistance / return of data provisions, etc.).

The company's charter and bylaws, board committee charters, and employee handbooks may also contain provisions with regard to procedures to be followed in the event of termination, such as who has the authority to negotiate terms, how to effect notification, and the amount of say the CEO has in the process.

In deciding that the impugned termination provision could not stand, Justice Kane noted the following:

The termination provision occupied a single page of the agreement and provided as follows:

These provisions will usually say something like this: «For the term of this agreement and for a period of XX month following the termination of this agreement, however arising, the employee agrees not to work for any competing business.»

When employers draft generous termination provisions providing for more than statutory minimums, they must follow through on that generosity when terminating employees.

The California Supreme Court, in Edwards v. Arthur Andersen LLP, 44 Cal.4 th 937, unanimously held that Business & Professions Code Section 16600 invalidated a provision in Edwards» employment agreement that restricted him from servicing customers and competing with Arthur Andersen following the termination of his employment.

The following example demonstrates how this provision works: where rent is due monthly, the termination would become effective in the month following the termination (so, if rent is due on the first of the month and tenant sends the termination notice on July 10th, termination occurs on August 31st.)

The following provisions shall survive the termination or expiration of these Agent Terms for any reason: Warranties and Disclaimer, Limitation of Liability, Indemnification, Term and Termination, Confidentiality, and Mistermination or expiration of these Agent Terms for any reason: Warranties and Disclaimer, Limitation of Liability, Indemnification, Term and Termination, Confidentiality, and MisTermination, Confidentiality, and Miscellaneous.