Sentences with phrase «obligation upon termination»

Reasonable notice of termination is a principle used where an employer has an obligation upon termination to either provide advanced, reasonable notice of termination or pay in lieu of notice under the legislation.

We also include a short review of a recent decision of the Ontario Court of Appeal that underscores the importance of having properly drafted employment contracts if you are trying to limit your obligations upon termination to an employee's Employment Standards Act, 2000 minimum entitlements.

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.

Upon such termination, the lessor may recover from the lessee: (1) The worth at the time of award of the unpaid rent which had been earned at the time of termination; (2) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that the lessee proves could have been reasonably avoided; (3) Subject to subdivision (c), the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that the lessee proves could be reasonably avoided; and (4) Any other amount necessary to compensate the lessor for all the detriment proximately caused by the lessee's failure to perform his obligations under the lease or which in the ordinary course of things would be likely to result therefrom.

The margin amount will be returned to the fund upon termination of the futures contracts assuming all contractual obligations are satisfied.

Upon termination, Animal League will have no further obligation or responsibility to you with respect to the Services terminated, and you will have no further obligation or responsibility to Animal League with respect to the Services terminated or the Sites; provided, however, the foregoing statement does not apply to any liability, responsibility, or obligation of either party existing or arising prior to the effective date of termination.

American Express will have no further liability or obligation under the Program upon termination of a business's participation in the Program.

This offer will automatically terminate upon the termination of your American Express Card account and American Express will have no further liability or obligation upon such termination.

After reviewing the course of action that the owner took upon learning about the smoking complaints (including attempts to negotiate an early termination of the lease), the Judge concluded that the owner had satisfied his obligation under section 119 of the Condominium Act, 1998 as he had taken all reasonable steps to ensure the tenants complied with the corporation's rules.

Post Termination Job Search Many persons facing sudden termination will be shocked to learn that there is a legal obligation upon them to look for replacement income, should legal action be taken against the company for the failure to provide proper notice of tTermination Job Search Many persons facing sudden termination will be shocked to learn that there is a legal obligation upon them to look for replacement income, should legal action be taken against the company for the failure to provide proper notice of ttermination will be shocked to learn that there is a legal obligation upon them to look for replacement income, should legal action be taken against the company for the failure to provide proper notice of terminationtermination.

Thus, where an agreement provides for a stipulated sum upon termination without cause and is silent as to the obligation to mitigate, the employee will not be required to mitigate.

Wood argued that the clause excluded Deeley's statutory obligation to contribute to her benefit plans during the notice period and did not clearly require Deeley to pay severance pay upon termination.

Keenan v Canac Kitchens, 2015 ONSC 1055 («Canac Kitchens «-RRB- serves as an important reminder that simply using the term «independent contractor» in an agreement is not enough to protect an employer from its obligation to provide, among other things, reasonable notice upon termination.

This case therefore exemplifies the importance of implementing clear, enforceable written employment agreements containing important clauses that set out the respective rights and obligations of the employer and employee, such as clauses pertaining to probationary periods and entitlements upon termination.

The legal obligation to make employee whole during the notice period can be modified if the employee's employment contract provides for another period of notice will be provided to the employee upon termination of employment.

A full contingent of five judges sitting at the Ontario Court of Appeal unanimously ruled that where an employment agreement provides for a stipulated sum upon termination without cause, and is silent as to the employee's obligation to mitigate, the employee will not be required to mitigate.

The obligation of the tenant is (RCW 59.18.130): (10) Upon termination and vacation, restore the premises to their initial condition except for reasonable wear and tear or...

A. Solely during the Term, the right to download and use the Learning Resources and Content or portions thereof in combination with Customer's (non-IEC) learning material, with the express obligation that Customer remove and return or destroy all Learning Resources upon expiration or termination of the Term.

Andover Retail Services, Inc. v. Lincoln Metrocenter Partners, L.P. (279 A.D. 2d 269)- summary judgment dismissing brokers claim affirmed; where brokerage agreement provided that landlord would be relieved of its obligation to pay installment payments on commission upon a termination of the lease by tenant, the broker was not entitled to installment payments after landlord and tenant entered into a surrender and cancellation agreement of the lease, even though surrender and cancellation agreement provided for payment from landlord to tenant