Burden and Standard of Proof. If the Board dismisses, suspends or otherwise disciplines an employee, the Board shall have the burden of proof established according to arbitral jurisprudence. No employee shall be dismissed, suspended or otherwise disciplined by the Board except for just cause.
Burden and Standard of Proof. Except as otherwise expressly ---------------------------- provided in Section 2.11 hereof, in any proceeding (regardless of who initiates such proceeding) in which the payment of Severance Benefits or other benefits under Section 2 of this Agreement is at issue, the burden of proof as to whether there exists either Cause or Good Reason for purposes of this Agreement shall be upon the Company or its successor, and the standard of proof to be met with respect thereto shall be clear and convincing evidence.
Burden and Standard of Proof. Except as otherwise expressly provided in Section 7.3, in any proceeding (regardless of who initiates such proceeding) in which the payment of Severance Benefits or other benefits under the Agreement is at issue, the burden of proof as to whether any termination of Executive’s employment has been for Cause or without Good Reason for purposes of the Agreement shall be upon the Company or its successor, and the standard of proof to be met with respect thereto shall be clear and convincing evidence.
