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These excerpts taken from the ROST 10-Q filed Jun 10, 2009. Termination by the Executive for Good Reason. The Executive may terminate the Executive’s employment
with the Company for “Good
Reason,” which shall be deemed to occur
if the Executive terminates the Executive’s employment with the Company within
sixty (60) days after written notice to the Company by the Executive of the
occurrence of one or more of the following conditions, which condition(s) have
not been cured within thirty (30) business days after the Company’s receipt of
such written notice: (1) a failure by the Company to comply with any material
provision of this Agreement (including but not limited to the reduction of the
Executive’s salary or the target annual bonus opportunity set forth in Section
4(b), (2) a significant diminishment in the nature or scope of the authority,
power, function or duty attached to the position which the Executive currently
maintains without the express written consent of the Executive, or (3) the
relocation of the Executive’s Principal Place of Employment as described in
Section 3 to a location that increases the regular one-way commute distance
between the Executive’s residence and Principal Place of Employment by more than
25 miles without the Executive’s prior written consent. In order to constitute a
termination of employment for Good Reason, such termination must
occur within two (2) years following the initial existence of any of
the conditions set forth in this Section 6(e), the Executive must provide
written notice to the Company of the existence of the condition giving rise to
the Good Reason termination within sixty (60) days of the initial existence of
the condition, and the Company shall have thirty (30) days during which it may
remedy the condition and in the event such condition is timely remedied, the
termination shall not constitute a termination for Good Reason.
(f) Termination by the Executive for Good
Reason. The Executive may terminate the
Executive’s employment with the Company for “Good Reason,” which shall be
deemed to occur if the Executive terminates the Executive’s employment with the
Company within sixty (60) days after written notice to the Company by the
Executive of the occurrence of one or more of the following conditions, which
condition(s) have not been cured within thirty Termination by the Executive for Good Reason. The Executive may terminate the Executive’s employment
with the Company for “Good
Reason,” which shall be deemed to occur
if the Executive terminates the Executive’s employment with the Company within
sixty (60) days after written notice to the Company by the Executive of the
occurrence of one or more of the following conditions, which condition(s) have
not been cured within thirty (30) business days after the Company’s receipt of
such written notice: (1) a failure by the Company to comply with any material
provision of this Agreement (including but not limited to the reduction of the
Executive’s salary or the target annual bonus opportunity set forth in Section
4(b), (2) a significant diminishment in the nature or scope of the authority,
power, function or duty attached to the position which the Executive currently
maintains without the express written consent of the Executive, or (3) the
relocation of the Executive’s Principal Place of Employment as described in
Section 3 to a location that increases the regular one-way commute distance
between the Executive’s residence and Principal Place of Employment by more than
25 miles without the Executive’s prior written consent. In order to constitute a
termination of employment for Good Reason, such termination must
occur within two (2) years following the initial existence of any of
the conditions set forth in this Section 6(e), the Executive must provide
written notice to the Company of the existence of the condition giving rise to
the Good Reason termination within sixty (60) days of the initial existence of
the condition, and the Company shall have thirty (30) days during which it may
remedy the condition and in the event such condition is timely remedied, the
termination shall not constitute a termination for Good Reason Termination by the Executive for Good Reason. The Executive may terminate the Executive’s employment
with the Company for “Good
Reason,” which shall be deemed to occur
if the Executive terminates the Executive’s employment with the Company within
sixty (60) days after written notice to the Company by the Executive of the
occurrence of one or more of the following conditions, which condition(s) have
not been cured within thirty Termination by the Executive for Good
Reason. The Executive may terminate the
Executive’s employment with the Company for “Good Reason,” which shall be
deemed to occur if the Executive terminates the Executive’s employment with the
Company within sixty (60) days after written notice to the Company by the
Executive of the occurrence of one or more of the following conditions, which
condition(s) have not been cured within thirty These excerpts taken from the ROST 10-K filed Mar 31, 2009. Termination by the Executive for Good Reason. The Executive may terminate the Executive’s employment with the Company
for “Good Reason,” which shall be deemed to occur if the Executive terminates the
Executive’s employment with the Company within sixty (60) days after written
notice to the Company by the Executive of the occurrence of one or more of the
following conditions, which condition(s) have not been cured within
thirty Termination by the Executive for Good Reason. The Executive may terminate the Executive’s employment with
the Company for “Good Reason,” which shall be deemed to occur if the Executive terminates
the Executive’s employment with the Company within sixty (60) days after written
notice to the Company by the Executive of the occurrence of one or more of the
following conditions, which condition(s) have not been cured within ten (10)
business days after the Company’s receipt of such written notice: (1) a failure
by the Company to comply with any material provision of this Agreement
(including but not limited to the reduction of the Executive’s salary or the
target annual bonus opportunity set forth in Section 4(b), (2) a significant
diminishment in the nature or scope of the authority, power, function or duty
attached to the position which the Executive currently maintains without the
express written consent of the Executive, or (3) the relocation of the
Executive’s Principal Place of Employment as described in Section 3 to a
location that increases the regular one-way commute distance between the
Executive’s residence and Principal Place of Employment by more than 25 miles
without the Executive’s prior written consent. The Executive’s failure to give
reasonably prompt written notice to the Company of the occurrence of a condition
constituting Good Reason or to terminate employment for Good Reason within the
60-day period following the Executive’s written notice of the occurrence of such
condition shall waive the Executive’s right to terminate employment for Good
Reason based upon such occurrence of such condition.
(f) Termination by the Executive for Good Reason. The Executive may terminate the Executive’s employment with the Company for “Good Reason,” which shall be deemed to occur if the Executive terminates the Executive’s employment with the Company within sixty (60) days after written notice to the Company by the Executive of the occurrence of one or more of the following conditions, which condition(s) have not been cured within thirty Termination by the Executive for Good Reason. The Executive may terminate the Executive’s employment with the Company for “Good Reason,” which shall be deemed to occur if the Executive terminates the Executive’s employment with the Company within sixty (60) days after written notice to the Company by the Executive of the occurrence of one or more of the following conditions, which condition(s) have not been cured within ten (10) business days after the Company’s receipt of such written notice: (1) a failure by the Company to comply with any material provision of this Agreement (including but not limited to the reduction of the Executive’s salary or the target annual bonus opportunity set forth in Section 4(b), (2) a significant diminishment in the nature or scope of the authority, power, function or duty attached to the position which the Executive currently maintains without the express written consent of the Executive, or (3) the relocation of the Executive’s Principal Place of Employment as described in Section 3 to a location that increases the regular one-way commute distance between the Executive’s residence and Principal Place of Employment by more than 25 miles without the Executive’s prior written consent. The Executive’s failure to give reasonably prompt written notice to the Company of the occurrence of a condition constituting Good Reason or to terminate employment for Good Reason within the 60-day period following the Executive’s written notice of the occurrence of such condition shall waive the Executive’s right to terminate employment for Good Reason based upon such occurrence of such condition. (f) These excerpts taken from the ROST 10-Q filed Jun 13, 2007. Termination by the Executive for Good Reason. The Executive may teminate the Executive's employment with the Company for "Good Reason," which shall be deemed to occur if the Executive terminates the Executive's employment with the Company within sixty (60) days after written notice to the Company by the Executive of the occurrence of one or more of the following conditions, which condition(s) have not been cured within ten (10) business days after the Company's receipt of such written notice: (1) a failure by the Company to comply with any material provision of this Agreement (including but not limited to the reduction of the Executive's salary or the target annual bonus opportunity set forth in Section 4(b), (2) a significant diminishment in the nature or scope of the authority, power, function or duty attached to the position which the
Executive currently maintains without the express written consent of the Executive, or (3) the relocation of the Executive's Principal Place of Employment as described in Section 3 to a location that increases the regular one-way commute distance between the Executive's residence and Principal Place of Employment by more than 25 miles without the Executive's prior written consent. The Executive's failure to give reasonably prompt written notice to the Company of the occurrence of a condition constituting Good Reason or to terminate employment for Good Reason within the 60-day period following the Executive's written notice of the occurrence of such condition shall waive the Executive's right to terminate employment for Good Reason based upon such occurrence of such condition.
(f) Voluntary Termination. The Executive may voluntarily resign from the Executive's employment with the Company at any time (a "Voluntary Termination"). A voluntary resignation from employment by the Executive for Good Reason pursuant to Section 6(e) shall not be deemed a Voluntary Termination. (g) Termination by the Executive for Good Reason. The Executive may terminate the Executive’s employment with the Company for “Good Reason,” which shall be deemed to occur if the Executive terminates the Executive’s employment with the Company within sixty (60) days after written notice to the Company by the Executive of the occurrence of one or more of the following conditions, which condition(s) have not been cured within ten (10) business days after the Company’s receipt of such written notice: (1) a failure by the Company to comply with any material provision of this Agreement (including but not limited to the reduction of the Executive’s salary or the target annual bonus
opportunity set forth in Section 4(b), (2) a significant diminishment in the nature or scope of the authority, power, function or duty attached to the position which the Executive currently maintains without the express written consent of the Executive, or (3) the relocation of the Executive’s Principal Place of Employment as described in Section 3 to a location that increases the regular one-way commute distance between the Executive’s residence and Principal Place of Employment by more than 25 miles without the Executive’s prior written consent. The Executive’s failure to terminate employment for Good Reason within such 60-day period shall waive the Executive’s right to terminate employment for Good Reason based on the specified failure by Company indicated in such written notice.
(f) Termination by the Executive for Good Reason. The Executive may terminate the Executive’s employment with the Company for “Good Reason,” which shall be deemed to occur if the Executive terminates the Executive’s employment with the Company within sixty (60) days after written notice to the Company by the Executive of the occurrence of one or more of the following conditions, which condition(s) have not been cured within ten (10) business days after the Company’s receipt of such written notice: (1) a failure by the Company to comply with any material provision of this Agreement (including but not limited to the reduction of the Executive’s salary or the target annual bonus
opportunity set forth in Section 4(b), (2) a significant diminishment in the nature or scope of the authority, power, function or duty attached to the position which the Executive currently maintains without the express written consent of the Executive, or (3) the relocation of the Executive’s Principal Place of Employment as described in Section 3 to a location that increases the regular one-way commute distance between the Executive’s residence and Principal Place of Employment by more than 25 miles without the Executive’s prior written consent. The Executive’s failure to give reasonably prompt written notice to the Company of the occurrence of a condition constituting Good Reason or to terminate employment for Good Reason within the 60-day period following the Executive’s written notice of the occurrence of such condition shall waive the Executive’s right to terminate employment for Good Reason based upon such occurrence of such condition.
(f) Termination by the Executive for Good Reason. The Executive may terminate the Executive’s employment with the Company for “Good Reason,” which shall be deemed to occur if the Executive terminates the Executive’s employment with the Company within sixty (60) days after written notice to the Company by the Executive of the occurrence of one or more of the following conditions, which condition(s) have not been cured within ten (10) business days after the Company’s receipt of such written notice: (1) a failure by the Company to comply with any material provision of this Agreement (including but not limited to the reduction of the Executive’s salary or the target annual bonus
opportunity set forth in Section 4(b), (2) a significant diminishment in the nature or scope of the authority, power, function or duty attached to the position which the Executive currently maintains without the express written consent of the Executive, or (3) the relocation of the Executive’s Principal Place of Employment as described in Section 3 to a location that increases the regular one-way commute distance between the Executive’s residence and Principal Place of Employment by more than 25 miles without the Executive’s prior written consent. The Executive’s failure to give reasonably prompt written notice to the Company of the occurrence of a condition constituting Good Reason or to terminate employment for Good Reason within the 60-day period following the Executive’s written notice of the occurrence of such condition shall waive the Executive’s right to terminate employment for Good Reason based upon such occurrence of such condition.
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RELATED TOPICS for ROST: |
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