INFS » Topics » Termination by the Company

This excerpt taken from the INFS 8-K filed Jan 17, 2008.
Termination by the Company.  The Board may terminate Executive’s employment hereunder at any time with or without cause to be effective immediately upon delivery of notice thereof.  The effective date of Executive’s termination shall be referred to herein as the “Termination Date.”  If Executive’s employment is terminated by the Company pursuant to this Section 5.1, the Company shall pay Executive all amounts owed to Executive for work performed prior to the Termination Date.

 

This excerpt taken from the INFS 10-K filed Mar 4, 2005.

Article Eleven - Termination

 

11.1         Termination For Cause.  INFOCUS may terminate this Agreement with the specified materials liability as called out in Article 5.9 of this agreement, effective upon written notice of termination to Flextronics in any one of the following events:

 

(a)           Flextronics materially breaches this Agreement and such breach remains uncured for thirty (30) days following written notice of breach by INFOCUS; or

(b)           causes set forth in Article 15.6 delay Flextronics performance for more than thirty (90) days; or

(c)           a petition for relief under any bankruptcy legislation is filed by or against Flextronics, or Flextronics makes an assignment for the benefit of creditors, or a receiver is appointed for all or a substantial portion of Flextronics assets, and such petition, assignment or appointment is not dismissed or vacated within thirty (30) days or

 

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11.2         Termination Without Cause.  INFOCUS or Flextronics may terminate this Agreement, in whole or in part, at any time without cause upon 90 days written notice to either party.  Upon receipt of such notice, unless otherwise directed by INFOCUS, Flextronics shall (1) stop work pursuant to this Agreement to the extent specified in INFOCUS notice, (2) terminate all subcontracts and orders that relate to terminated work, (3) place no further orders for materials, and (4) complete the work in progress for non-terminated work which is not subject to this Agreement in accordance with the provisions of the governing Agreement.  INFOCUS will be liable for all materials as called out in Article 5.9 of this agreement.

 

11.3         INFOCUS Liability Upon Termination.

In the event INFOCUS terminates this Agreement with or without cause,

INFOCUS liability shall be limited to work property continued pursuant to Article 11.2, INFOCUS shall have the right to audit Flextronics records relating thereto.

(b)           Material Liabilities as called out in Article 5.9

(c)           Any and all tooling or capital costs previously agreed to in writing, to amortize into the unit prices, and not fully depreciated as called out in Article 3.2, 3.7, and 3.8.

 

11.4         Survival.  The provisions of this Agreement, shall, to the extent applicable, survive the termination hereof.

 

EXCERPTS ON THIS PAGE:

8-K
Jan 17, 2008
10-K
Mar 4, 2005
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