Term Contract Clauses (29,674)

Term. 5.1 Maturity Date. This Agreement shall continue in effect until the Maturity Date, subject to Sections 5.2, 5.3 and 5.4 hereof. 5.2 Early Termination. This Agreement may be terminated prior to the Maturity Date as follows: (i) if expressly permitted in the Schedule, by Borrower, effective three (3) Business Days after written notice of termination is given to NBE and payment in full in cash of all Obligations (other than inchoate indemnity obligations); or (ii) by NBE at any time after the... occurrence and during the continuance of an Event of Default, without notice or demand, effective immediately. If a Borrower right to prepay Obligations is provided in the Schedule and the exercise of such right is subject to payment of any consideration to NBE as a condition to such exercise, a Borrower Default or Event of Default that results in an acceleration of Obligations and/or termination of this Agreement shall not relieve Borrower of the obligation to pay such consideration, which shall be included in the Obligations required to be paid or performed by Borrower. 5.3 Payment of Obligations. On the Maturity Date or on any earlier effective date of termination, Borrower shall pay and perform in full all Obligations (other than inchoate indemnity obligations), whether evidenced by installment notes or otherwise, and whether or not all or any part of such Obligations (other than inchoate indemnity obligations) are otherwise then due and payable. Notwithstanding any termination of this Agreement, (i) all of NBE's security interests in all of the Collateral and all of the terms and provisions of this Agreement shall continue in full force and effect until all Obligations (other than inchoate indemnity obligations) have been paid and performed in full, and (ii) NBE shall have no obligation to make further Loans or other extensions of credit (if any are contemplated by this Agreement), all of which shall be in NBE's sole and absolute discretion. No termination shall in any way affect or impair any right or remedy of NBE, nor shall any such termination relieve Borrower of any Obligation to NBE, until all of the Obligations (other than inchoate indemnity obligations) have been paid and performed in full. Upon payment and performance in full of all the Obligations (other than inchoate indemnity obligations), NBE shall promptly terminate its Security Instruments with respect to Borrower and deliver to Borrower such other documents as may be required to fully terminate NBE's Liens in Borrower Collateral, or provide Borrower and its attorneys and agents with written evidence granted to such Persons of authority to do so. All NBE out-of-pocket costs (including reasonable fees and costs of attorneys) incurred by NBE in connection with termination of Liens by NBE and reviewing and executing Lien terminations prepared by such other Persons shall be Lender Expenses and promptly reimbursed by Borrower upon NBE invoice. 5.4 Survival of Certain Obligations. Without limiting the survival of obligations addressed otherwise in this Agreement and notwithstanding any other provision of this Agreement, all covenants, representations and warranties made in this Agreement continue in full force until this Agreement has terminated pursuant to its terms and all Obligations (other than inchoate indemnity obligations and any other obligations which, by their terms, are to survive the termination of this Agreement) have been paid in full and satisfied. The obligation of Borrower in Section 8.9 hereof to indemnify NBE shall survive until the statute of limitations with respect to such claim or cause of action shall have run. View More

Term. Unless extended pursuant to this Section or terminated earlier pursuant to Section 4 below, the initial period of Advisor's engagement under this Agreement shall expire on the day prior to the one (1) year anniversary of the Effective Date (the "Initial Term"). Upon expiration of the Initial Term, this Agreement will automatically renew for consecutive one (1) year terms (each a "Renewal Term") unless either party provides the other party written notice of his or its intention to not to renew... this Agreement at least thirty (30) days prior to the end of the Initial Term, or of any Renewal Term once the Agreement has been continued beyond the Initial Term. The period from the Effective Date until the end of the Initial Term, or any applicable Renewal Term, as the case may be, is hereinafter referred to as the "Advising Term." 4. Termination. (a) Early Termination. In the event either party fails to comply with any of the terms of this Agreement and fails to cure such non-compliance to the reasonable satisfaction of the non-breaching party within fifteen (15) days after receipt of written notice of such breach, the non-breaching party may immediately terminate this Agreement. (b) Termination for Cause. The Company may immediately terminate this Agreement for "cause" by giving Advisor written notice of such conduct and the Company's intention to terminate. For purposes of this Agreement, "cause" shall mean, with respect to Advisor: (i) the commission of fraud against the Company, or the misappropriation, theft or embezzlement of the assets of the Company, or the performance of illegal or fraudulent acts, criminal conduct, or willful misconduct materially injurious to the business of the Company; or (ii) conduct which materially and adversely affects the Company, or the business, operations, financial condition, or goodwill of the Company. (c) No Cause Termination. (i) This Agreement may be terminated at any time by either party by providing the other party with at least thirty (30) days prior written notice of such party's intention to terminate this Agreement. (ii) During any such notice period, Advisor agrees to use his reasonable best efforts to continue his work for the Company and the Company agrees to continue compensating Advisor until the termination date with the same compensation as before the notice was given. (d) Effect of Termination. Upon expiration or termination of this Agreement, neither party shall have any further obligations hereunder, except for obligations incurred prior to the date of expiration or termination. Notwithstanding any termination of this Agreement, the provisions of Sections 7 through 22 shall survive. View More

Term. This Agreement shall remain in full force and effect until the Obligations are paid in full and any obligation to provide financing to the Borrower, pursuant to the Credit Agreement, has terminated.

Term. Subject to the provisions of termination as hereinafter provided, the initial term of the Employee's employment under this Agreement shall begin on the Effective Date and shall continue for three years thereafter (the "Initial Period"). Following the Initial Period, the term will automatically renew for one year periods unless either party notifies the other party of nonrenewal at least 90 days prior to the end of the Initial Period or such one year period (the Initial Period and any subsequent... renewal periods, the "Term"). View More

Term. (a) The Corporation agrees to employ the Executive as an at-will employee, and the Executive agrees to be employed by the Corporation as an at-will employee, subject to the terms and conditions of this Agreement. (b) The initial term of this Agreement shall be for 12 months commencing on the Effective Date (the "Initial Term"). Upon the expiration of the Initial Term, this Agreement shall automatically renew for successive terms of 12 months each (each such renewal term, together with the... Initial Term, a "Term") without further action by the parties, unless either party shall have served written notice on the other party at least 60 days prior to the commencement of a new Term of such party's decision not to renew this Agreement. At least 120 days prior to the commencement of a new Term, the Board of Directors of the Corporation ("Board") or a committee thereof will conduct a comprehensive performance evaluation and review of Executive to determine whether to give notice of non-renewal as provided herein. The evaluation and review shall be documented in the minutes of the Board or the committee thereof. For purposes of clarity, in the event the Board decides not to renew this Agreement and provides proper notice as set forth above, the Executive shall remain an at-will employee of the Corporation following the termination of this Agreement unless the Executive's employment is sooner terminated. 1 | P a g e (c) While employed by the Corporation, the Executive shall (i) perform such services for the Corporation as may be consistent with the Executive's title and such services which are from time to time assigned to the Executive by the Corporation's Board and (ii) devote the Executive's entire business time, attention, skill and energy exclusively to the business of the Corporation. While employed by the Corporation, the Executive shall not engage or prepare to engage in any other business activity, whether or not such business activity is pursued for gain, profit or other economic or financial advantage; provided, however, that the Executive may engage in appropriate civic, charitable or religious activities and devote a reasonable amount of time to private investments or boards or other activities provided that such activities do not interfere or conflict with the Executive's responsibilities. View More

Term. This Grant, and the right to Deferred Stock Units hereunder, shall terminate on the date of a Termination of Service.

Term. This Agreement shall be effective from the Effective Date first written above until December 31, 2021 (the "Term"). This Agreement shall be the sole agreement between the Parties related to PGT's purchase of glass products from Supplier, and shall be effective and supersede all prior agreements, understandings, arrangements, and negotiations, whether written or oral, related to PGT's purchase of glass products from Supplier, effective as of the Effective Date. Definitions. a. "Confidentiality... Agreement" shall mean that certain Confidentiality Agreement by and between the Parties hereto, which is attached hereto as Schedule A and is incorporated herein by reference. b. "Delivery" shall mean the point in time when Products are tendered by Supplier, and accepted by PGT, at PGT's North Venice Plant. c. "Material Certificate" shall mean documentation confirming adherence to the Specifications. d. "Material Safety Data Sheet" shall mean documentation in conformance to OSHA requirements that shall provide detailed information on each hazardous chemical, if any, contained in or on the Products, or otherwise a component of the Products, including its potential hazardous effects, its physical and chemical characteristics, and recommendations for appropriate protective measures. e. "North Venice Plant" shall mean PGT's place of business located at 1070 Technology Drive, North Venice, FL34275, 3429 Technology Drive, North Venice, FL 34275, 104 Triple Diamond, North Venice, FL 34275, and any other facility located in the North Venice area that may be specified by PGT from time to time. f. "Price" shall mean the total delivered price PGT pays for each of the Products, delivered to the North Venice Plant, which prices are attached hereto as and described in Schedule B, which is incorporated herein by reference. g. "Products" shall mean goods produced by Supplier and purchased by PGT, as contemplated by this Agreement and listed on a Purchase Order. h. "Program" shall mean Vitro's Certified Commercial Window Fabricator Program for Commercial Window Fabricators. i. "Specifications" shall mean the designs, including dimensions, sizes, related drawings and requirements, performance requirements and/or functions, and other requirements for the Products set forth on Schedule C, which is attached hereto and is incorporated herein by reference. Each Specification is applicable only to those Products identified in the introduction to such Specification. View More

Term. The Company shall employ Employee from January 2, 2019 until such time as either party chooses to terminate the employment (the "Term"). The employment relationship shall be employment at-will, terminable by either party with or without cause.

Term. Your employment under this Agreement will begin on the Start Date, and will continue until December 31, 2018 (the "Initial Term"). Unless Lifeway's Board of Directors' (the "Board") or its Compensation Committee (the "Compensation Committee") provides written notice to you on or before that date, this Agreement will renew for a period of one (1) year thereafter (the "Term"), unless terminated earlier pursuant to this Agreement. On each January 1 thereafter (each, a "Renewal Date"), the... Agreement shall automatically renew, on the same terms and conditions, for successive Terms of one year, unless Lifeway's Board or its Compensation Committee provides written notice to you at least ninety (90) days prior to the applicable Renewal Date of Lifeway's intention not to renew the Agreement. The period during which you are employed by Lifeway is referred to as the "Employment Term". View More

Term. This SAR is not exercisable and shall terminate after the expiration of 10 years from the Grant Date and may terminate on an earlier date in the event of Grantee's Separation from Service. An unexercised (or as-yet unvested) SAR shall lapse and become unexerciseable 3 months following Grantee's Separation from Service, unless the termination is caused by death, in which case it shall continue to be exercisable for 12 months, or on account of Disability, or Separation from Service on or after... age 60 with at least 10 years of service (the latter circumstance referred to hereafter as a "Retirement"), in which cases Grantee's right to exercise the SAR (to the extent vested at such Separation) will continue until the 10-year expiration date. Notwithstanding the preceding sentence, the SAR will not continue to be exercisable after a Retirement beyond 3 months following the Grantee's Separation from Service, unless, within that 3-month period, the Grantee signs and delivers to the Company the Noncompetition Agreement attached hereto as Exhibit B and incorporated herein by reference. View More