Common use of BREACH OF CONDUCT Clause in Contracts

BREACH OF CONDUCT. In the event of a Breach of Conduct by Optionee at any time while providing service to the Company or within two years after termination of service provision, any portion of this option which has not been exercised by the time of such Breach, whether or not vested under Section 2, shall immediately terminate upon written declaration by the authorized administrator of the Plan. Such declaration shall be communicated in writing to the Optionee. In addition, upon a Breach of Conduct, the Company may, in its sole discretion, by written notice demand that any or all stock certificates for Common Shares acquired pursuant to the exercise of this option, or any profit realized from the sale or transfer of such Common Shares, be returned to the Company within five (5) days of receipt of such notice, and any exercise price paid by the Optionee shall be returned to Optionee by the Company immediately thereafter, without interest. The Company shall be entitled to reimbursement of reasonable attorney fees and expenses incurred in seeking to enforce its rights under this paragraph.

Appears in 3 contracts

Samples: Non Qualified Stock Option Agreement (Beacon Power Corp), Beacon Power (Beacon Power Corp), Beacon Power (Beacon Power Corp)

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BREACH OF CONDUCT. In the event of a Breach of Conduct by Optionee at any time while providing service to employed by the Company or within two years after termination of service provisionemployment, any portion of this option which then remains outstanding but has not been exercised by the time of such BreachBreach of Conduct, whether or not vested under Section 2, shall immediately terminate upon written declaration by the authorized administrator of the Plan. Such declaration shall be communicated in writing to the Optionee. In addition, upon a Breach of Conduct, the Company may, in its sole discretion, by written notice demand that any or all stock certificates for Common Shares acquired pursuant to the exercise of this option, or any profit realized from the sale or transfer of such Common Shares, be returned to the Company within five (5) days of receipt of such notice, and any exercise price paid by the Optionee shall be returned to Optionee by the Company immediately thereafter, without interest. The Company shall be entitled to reimbursement of reasonable attorney fees and expenses incurred in seeking to enforce its rights under this paragraph.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Beacon Power Corp)

BREACH OF CONDUCT. In the event of a Breach of Conduct by Optionee at any time while providing service to the Company or within two years after termination of service provisionsuch service, any portion of this option which has not been exercised by the time of such BreachBreach of Conduct, whether or not vested under Section 2, shall immediately terminate upon written declaration by the authorized administrator of the PlanAdministrator. Such declaration shall be communicated in writing to the Optionee. In addition, upon a Breach of Conduct, the Company may, in its sole discretion, by written notice demand that any or all stock certificates for Common Shares Stock acquired pursuant to the exercise of this option, or any profit realized from the sale or transfer of such Common SharesStock, be returned to the Company within five (5) days of receipt of such notice, and any exercise price paid by the Optionee shall be returned to Optionee by the Company immediately thereafter, without interest. The Company shall be entitled to reimbursement of reasonable attorney fees and expenses incurred in seeking to enforce its rights under this paragraph.

Appears in 1 contract

Samples: Beacon Power (Beacon Power Corp)

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BREACH OF CONDUCT. In the event of a Breach of Conduct by Optionee at any time while providing service to employed by the Company or within two years after termination of service provisionemployment, any portion of this option which has not been exercised by the time of such Breach, whether or not vested under Section 2, shall immediately terminate upon written declaration by the authorized administrator of the Plan. Such declaration shall be communicated in writing to the Optionee. In addition, upon a Breach of Conduct, the Company may, in its sole discretion, by written notice demand that any or all stock certificates for Common Shares acquired pursuant to the exercise of this option, or any profit realized from the sale or transfer of such Common Shares, be returned to the Company within five (5) days of receipt of such notice, and any . Any exercise price paid by the Optionee shall be returned to Optionee by the Company immediately thereafter, without interest. The Company shall be entitled to reimbursement of reasonable attorney fees and expenses incurred in seeking to enforce its rights under this paragraph.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Beacon Power Corp)

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