Termination Procedure. 6.1 Notice of Termination. During the Term, any purported termination of the Executive's employment (other than by reason of death) shall be communicated by written Notice of Termination from one party hereto to the other party hereto in accordance with Section 10 hereof. For purposes of this Agreement, a "Notice of Termination" shall mean a notice which shall indicate the specific termination provision in this Agreement relied upon and shall set forth in reasonable detail the facts and circumst
...ances claimed to provide a basis for termination of the Executive's employment under the provision so indicated. 4 6.2 Date of Termination. "Date of Termination," with respect to any purported termination of the Executive's employment during the Term, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
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Termination Procedure.
6.1 (a) Notice of Termination.
During the Term, any purported Any termination of the Executive's employment
by the Company or by the Executive during the Employment Period (other than
by reason a termination on account of
death) the death of Executive) shall be communicated by written
Notice "Notice of
Termination from one party hereto Termination" to the other party hereto in accordance with Section
10 hereof. For purposes of this Agreement, a "Notice of Termination" shall mean a notice which s...hall indicate the specific termination provision in this Agreement relied upon and shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive's employment under the provision so indicated. 4 6.2 12(a). (b) Date of Termination. "Date of Termination," with respect to any purported termination of the Executive's employment during the Term, Termination" shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after by his death, the date of his death, (ii) if the Executive's employment is terminated pursuant to Section 3(b), on the date the Executive receives Notice of Termination is given (provided that from the Company, (iii) if the Executive voluntarily terminates his employment (including for Good Reason), the date specified in the notice given pursuant to Section 3(e) or (f) herein, as applicable, which shall not have returned to be less than sixty (60) days after the full-time performance Notice of the Executive's duties during such thirty (30) day period), Termination, and (ii) (iv) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of on which a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given). given or any later date (within thirty (30) days, or any alternative time period agreed upon by the parties, after the giving of such notice) set forth in such Notice of Termination; provided, that, the Company may terminate the Executive's employment at any time for Cause.
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Termination Procedure.
6.1 (a) Notice of Termination.
During the Term, any purported Any termination of the Executive's employment
by the Company or by the Executive (other than
by reason a termination on account of
death) the death of Executive) shall be communicated by written
Notice "Notice of
Termination from one party hereto Termination" to the other party hereto in accordance with Section
10 hereof. For purposes of this Agreement, a "Notice of Termination" shall mean a notice which shall indicate the specific te...rmination provision in this Agreement relied upon and shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive's employment under the provision so indicated. 4 6.2 13(a). (b) Date of Termination. "Date of Termination," with respect to any purported termination of the Executive's employment during the Term, Termination" shall mean (i) if the Executive's employment is terminated for Disability, by his death, the date of his death, (ii) if the Executive's employment is terminated pursuant to Section 3(b), on the date the Executive receives Notice of Termination from the 4 Company, (iii) if the Executive voluntarily terminates his employment, the date specified in the notice given pursuant to Section 3(f), which shall not be less than thirty (30) days after the Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), Termination, and (ii) (iv) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of on which a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given). given or any later date (within thirty (30) days, or any alternative time period agreed upon by the parties, after the giving of such notice) set forth in such Notice of Termination; provided that the Company may terminate the Executive's employment at any time for Cause.
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Termination Procedure.
6.1 7.1 Notice of Termination.
During After a Change in Control and during the Term, any purported termination of the Executive's employment (other than by reason of death) shall be communicated by written Notice of Termination from one party hereto to the other party hereto in accordance with Section
10 11 hereof. For purposes of this Agreement, a "Notice of Termination" shall mean a notice which shall indicate the specific termination provision in this Agreement relied upon and shall set forth
... in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive's employment under the provision so indicated. 4 6.2 Further, a Notice of Termination for Cause is required to include a copy of a resolution duly adopted by the affirmative vote of not less than three-quarters (3/4) of the entire membership of the Board at a meeting of the Board which was called and held for the purpose of considering such termination (after reasonable notice to the Executive and an opportunity for the Executive, together with the Executive's counsel, to be heard before the Board) finding that, in the good faith opinion of the Board, the Executive was guilty of conduct set forth in clause (i) or (ii) of the definition of Cause herein, and specifying the particulars thereof in detail. 7.2 Date of Termination. "Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, days (subject to Section 16(R) in the case of a termination for Good Reason), respectively, from the date such Notice of Termination is given). given); provided that Executive shall not be considered to have terminated employment with the Company for purposes of this Agreement and no payments shall be due to the Executive under this Agreement unless the Executive would be considered to have incurred a "separation from service" from the Company within the meaning of Section 409A of the Code. 7.3 Dispute Concerning Termination. If within fifteen (15) days after any Notice of Termination is given, or, if later, prior to the Date of Termination (as determined without regard to this Section 7.3), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be extended until the earlier of (i) the date on which the Term ends or (ii) the date on which the dispute is finally resolved, either by mutual written agreement of the parties or by a final judgment, order or decree of an arbitrator or a court of competent jurisdiction (which is not appealable or with respect to which the time for appeal therefrom has expired and no appeal has been perfected); provided, however, that the Date of Termination shall be extended by a notice of dispute given by the Executive only if such notice is given in good faith and the Executive pursues the resolution of such dispute with reasonable diligence; and further provided, however, that the provisions of this Section 7.3 shall apply only to the extent that, pursuant to Treas. Reg. § 1.409A-3(g), they will not cause an additional tax under Section 409A of the Code.
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Termination Procedure.
6.1 7.1 Notice of Termination.
During After a Change in Control and during the Term, any purported termination of the Executive's employment (other than by reason of death) shall be communicated by written Notice of Termination from one party hereto to the other party hereto in accordance with Section
10 11 hereof. For purposes of this Agreement, a "Notice of Termination" shall mean a notice which shall indicate the specific termination provision in this Agreement relied upon and shall set forth
... in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive's employment under the provision so indicated. 4 6.2 Further, a Notice of Termination for Cause is required to include a copy of a resolution duly adopted by the affirmative vote of not less than three-quarters (3/4) of the entire membership of the Board at a meeting of the Board which was called and held for the purpose of considering such termination (after reasonable notice to the Executive and an opportunity for the Executive, together with the Executive's counsel, to be heard before the Board) finding that, in the good faith opinion of the Board, the Executive was guilty of conduct set forth in clause (i) or (ii) of the definition of Cause herein, and specifying the particulars thereof in detail. 7.2 Date of Termination. "Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given). given); provided that Executive shall not be considered to have terminated employment with the Company for purposes of this Agreement and no payments shall be due to the Executive under this Agreement unless the Executive would be considered to have incurred a "separation from service" from the Company within the meaning of Section 409A of the Code. 7.3 Dispute Concerning Termination. If within fifteen (15) days after any Notice of Termination is given, or, if later, prior to the Date of Termination (as determined without regard to this Section 7.3), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be extended until the earlier of (i) the date on which the Term ends or (ii) the date on which the dispute is finally resolved, either by mutual written agreement of the parties or by a final judgment, order or decree of an arbitrator or a court of competent jurisdiction (which is not appealable or with respect to which the time for appeal therefrom has expired and no appeal has been perfected); provided, however, that the Date of Termination shall be extended by a notice of dispute given by the Executive only if such notice is given in good faith and the Executive pursues the resolution of such dispute with reasonable diligence; and further provided, however, that the provisions of this Section 7.3 shall apply only to the extent that, pursuant to Treas. Reg. § 1.409A-3(g), they will not cause an additional tax under Section 409A of the Code.
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Termination Procedure.
6.1 (a) Notice of Termination.
During the Term, any purported Any termination of the Executive's employment
by the Company or by the Executive during the Employment Period (other than
by reason a termination on account of
death) the death of the Executive) shall be communicated by
a written
Notice "Notice of
Termination from one party hereto Termination" to the other party hereto in accordance with Section
10 hereof. For purposes of this Agreement, a "Notice of Termination" shall mean a notice w...hich shall indicate the specific termination provision in this Agreement relied upon and shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive's employment under the provision so indicated. 4 6.2 8(a). (b) Date of Termination. "Date of Termination," with respect to any purported termination of the Executive's employment during the Term, Termination" shall mean (i) if the Executive's employment is terminated by his death, the date of his death, (ii) if the Executive's employment is terminated pursuant to Section 3(b), on the date the Executive receives Notice of Termination from the Company, (iii) if the Executive voluntarily terminates his employment (whether or not for Disability, Good Reason), the date specified in the notice given pursuant to Section 3(e) or 3(f) herein which shall not be less than thirty (30) days after the Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), Termination, and (ii) (iv) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of on which a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given). given or any later date (within thirty (30) days, or any alternative time period agreed upon by the parties, after the giving of such notice) set forth in such Notice of Termination.
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Termination Procedure.
6.1 (a) Notice of Termination.
During the Term, any purported Any termination of the Executive's employment
by the Company or by the Executive during the Employment Period (other than
by reason a termination on account of
death) the death of Executive) shall be communicated by written
Notice "Notice of
Termination from one party hereto Termination" to the other party hereto in accordance with Section
10 hereof. For purposes of this Agreement, a "Notice of Termination" shall mean a notice which s...hall indicate the specific termination provision in this Agreement relied upon and shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive's employment under the provision so indicated. 4 6.2 11(a). (b) Date of Termination. "Date of Termination," with respect to any purported termination of the Executive's employment during the Term, Termination" shall mean (i) if the Executive's employment is terminated for Disability, by his death, the date of his death, (ii) if the Executive's employment is terminated pursuant to Section 3(b), thirty (30) days after Notice of Termination is given (provided Termination, provided that the 4 Executive shall not have returned to the full-time performance of the Executive's his duties during hereunder on a full-time basis within such thirty (30) day period), period, (iii) if the Executive voluntarily terminates his employment, the date specified in the notice given pursuant to Section 3(e) herein which shall not be less than three months after the Notice of Termination is delivered to the Company, (iv) if the Executive terminates his employment for Good Reason pursuant to Section 3(f) herein, thirty (30) days after Notice of Termination, and (ii) (v) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of on which a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given). given or any later date (within thirty (30) days, or any alternative time period agreed upon by the parties, after the giving of such notice) set forth in such Notice of Termination.
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Termination Procedure.
6.1 (a) Notice of Termination.
During the Term, any purported Any termination of the Executive's employment
by the Company or by the Executive during or upon the expiration of the Employment Period (other than
by reason a termination on account of
death) the death of Executive) shall be communicated by written
Notice "Notice of
Termination from one party hereto Termination" to the other party hereto in accordance with Section
10 hereof. For purposes of this Agreement, a "Notice of Termination" s...hall mean a notice which shall indicate the specific termination provision in this Agreement relied upon and shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive's employment under the provision so indicated. 4 6.2 10(b). (b) Date of Termination. "Date of Termination," with respect to any purported termination of the Executive's employment during the Term, Termination" shall mean (i) if the Executive's employment is terminated by his death, the date of his death, (ii) if the Executive's employment is terminated pursuant to Section 4(b), on the date the Executive receives Notice of Termination from the Company, (iii) if the Executive voluntarily terminates his employment (whether or not for Disability, Good Reason), the date specified in the notice given pursuant to Section 4(e) herein which shall not be less than thirty (30) days after the Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), Termination, and (ii) (iv) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of on which a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given). given or any later date (within thirty (30) days, or any alternative time period agreed upon by the parties, after the giving of such notice) set forth in such Notice of Termination, including the Scheduled Termination Date, as applicable.
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Termination Procedure.
6.1 (a) Notice of Termination.
During the Term, any purported Any termination of the Executive's employment
by the Company or by the Executive during the Employment Period (other than
by reason a termination on account of
death) the death of Executive) shall be communicated by written
Notice "Notice of
Termination from one party hereto Termination" to the other party hereto in accordance with Section
10 hereof. For purposes of this Agreement, a "Notice of Termination" shall mean a notice which s...hall indicate the specific termination provision in this Agreement relied upon and shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive's employment under the provision so indicated. 4 6.2 11(a). 3 (b) Date of Termination. "Date of Termination," with respect to any purported termination of the Executive's employment during the Term, Termination" shall mean (i) if the Executive's employment is terminated for Disability, by his death, the date of his death, (ii) if the Executive's employment is terminated pursuant to Section 3(b), thirty (30) days after Notice of Termination is given (provided Termination, provided that the Executive shall not have returned to the full-time performance of the Executive's his duties during hereunder on a full-time basis within such thirty (30) day period), period, (iii) if the Executive voluntarily terminates his employment, the date specified in the notice given pursuant to Section 3(e) herein which shall not be less than three months after the Notice of Termination is delivered to the Company, (iv) if the Executive terminates his employment for Good Reason pursuant to Section 3(f) herein, thirty (30) days after Notice of Termination, and (ii) (v) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of on which a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given). given or any later date (within thirty (30) days, or any alternative time period agreed upon by the parties, after the giving of such notice) set forth in such Notice of Termination.
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Termination Procedure.
6.1 (a) Notice of Termination.
During the Term, any purported Any termination of
the Executive's employment
by the Bank or by Executive during the Employment Period (other than
by reason of termination due to Executive's death) shall be communicated by written Notice of Termination
from one party hereto to the other party
hereto in accordance with Section
10 hereof. 16. For purposes of this Agreement, a "Notice of Termination"
shall mean means a
written notice which
shall indicate indicates the
...specific termination provision in this Agreement relied upon and shall set sets forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive's employment under the provision so indicated. 4 6.2 employment. (b) Date of Termination. "Date of Termination," with respect to any purported termination of the Executive's employment during the Term, Termination" shall mean (i) if the Executive's employment is terminated for Disability, by his death, the date of his death, (ii) if Executive's employment is terminated due to Disability pursuant to Section 6(b), thirty (30) days after Notice of Termination is given (provided that the Executive shall has not have returned to the full-time substantial performance of the Executive's his duties on a full-time basis during such 30-day period), (iii) if Executive's employment is terminated by Executive, thirty (30) day period), and (ii) days after a Notice of Termination is given, or (iv) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of on which a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given). given or any later date (within thirty (30) days after the giving of such Notice of Termination) set forth in such Notice of Termination.
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Termination Procedure.
6.1 (a) Notice of Termination.
During the Term, any purported Any termination of the Executive's employment
by the Company or by the Executive during the Employment Period (other than
by reason a termination on account of
death) the death of Executive) shall be communicated by written
Notice "Notice of
Termination from one party hereto Termination" to the other party hereto in accordance with Section
10 hereof. For purposes of this Agreement, a "Notice of Termination" shall mean a notice which s...hall indicate the specific termination provision in this Agreement relied upon and shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive's employment under the provision so indicated. 4 6.2 9(a). (b) Date of Termination. "Date of Termination," with respect to any purported termination of the Executive's employment during the Term, Termination" shall mean (i) if the Executive's employment is terminated for Disability, by his death, the date of his death, (ii) if the Executive's employment is terminated pursuant to Section 1(b), thirty (30) days after Notice of Termination is given (provided Termination, provided that the Executive shall not have returned to the full-time performance of the Executive's his duties during hereunder on a full-time basis within such thirty (30) day period), period, (iii) if the Executive voluntarily terminates his employment, the date specified in the notice given pursuant to Section 1(e) herein which shall not be less than three months after the Notice of Termination is delivered to the Company, (iv) if the Executive terminates his employment for Good Reason pursuant to Section 1(f) herein, thirty (30) days after Notice of Termination, and (ii) (v) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of on which a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given). given or any later date (within thirty (30) days, or any alternative time period agreed upon by the parties, after the giving of such notice) set forth in such Notice of Termination.
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