Common use of By Corporation for Cause Clause in Contracts

By Corporation for Cause. The Corporation may, upon written notice to Executive, terminate Executive's employment hereunder for Cause (as defined hereafter); provided that the Corporation shall first provide Executive with an opportunity to be heard by the Board on any proposed termination for Cause by the Board. For purposes of this Agreement, the term "Cause" shall mean (i) Executive's material breach of this Agreement if the Corporation has notified Executive of such breach and he has not cured such breach within 15 days of having received such notice; (ii) Executive's material failure to adhere to any policy of the Corporation generally applicable to employees of the Corporation if Executive has been given a reasonable opportunity to comply with such policy or cure his failure to comply; (iii) Executive's appropriation (or attempted appropriation) of a business opportunity of the Corporation, including attempting to secure or securing any personal profit in connection with any transaction entered into on behalf of the Corporation; (iv) Executive's misappropriation (or attempted misappropriation) of any of the Corporation's funds or property; (v) Executive's conviction of, or the entering of a guilty plea or plea of no contest with respect to, a felony, the equivalent thereof, or of a lesser crime having as its predicate element fraud, dishonesty or misappropriation of property of the Corporation; (vi) Executive's willful misconduct or insubordination; (vii) Executive's physical or mental disability or other inability to perform the essential functions of his position for a consecutive six (6) month period, with or without reasonable accommodation, as determined by an independent qualified physician selected by the Corporation and reasonably acceptable to Executive (or his representative) if Executive is not eligible for benefits under the terms of any long-term disability policy or insurance policy maintained by the Corporation for its employees generally or for Executive specifically; (viii) Executive's engaging in bad faith or gross negligence in the performance of his duties under this Agreement as determined in good faith by the Board; or (ix) any other conduct of Executive sufficiently detrimental to the Corporation so as to warrant immediate termination of Executive's employment with the Corporation. In the event of termination for Cause of Executive's employment, Executive's right to receive compensation and other benefits hereunder (other than any Base Salary and any vacation accrued but as yet unpaid on the effective date of such termination) shall terminate on the effective date of such termination, and Executive shall not be entitled to any severance payments or other benefits.

By Corporation for Cause. The Corporation may, upon written notice to Executive, terminate Executive's ’s employment hereunder for Cause (as defined hereafter); provided that the Corporation shall first provide Executive with an opportunity to be heard by the Board on any proposed termination for Cause by the Board. For purposes of this Agreement, the term "“Cause" ” shall mean (i) Executive's ’s material breach of this Agreement if the Corporation has notified Executive of such breach and he has not cured such breach within 15 days of having received such notice; (ii) Executive's ’s material failure to adhere to any policy of the Corporation generally applicable to employees of the Corporation if Executive has been given a reasonable opportunity to comply with such policy or cure his failure to comply; (iii) Executive's ’s appropriation (or attempted appropriation) of a business opportunity of the Corporation, including attempting to secure or securing any personal profit in connection with any transaction entered into on behalf of the Corporation; (iv) Executive's ’s misappropriation (or attempted misappropriation) of any of the Corporation's ’s funds or property; (v) Executive's ’s conviction of, or the entering of a guilty plea or plea of no contest with respect to, a felony, the equivalent thereof, or of a lesser crime having as its predicate element fraud, dishonesty or misappropriation of property of the Corporation; (vi) Executive's ’s willful misconduct or insubordination; (vii) Executive's ’s physical or mental disability or other inability to perform the essential functions of his position for a consecutive six (6) month period, with or without reasonable accommodation, as determined by an independent qualified physician selected by the Corporation and reasonably acceptable to Executive (or his representative) if Executive is not eligible for benefits under the terms of any long-term disability policy or insurance policy maintained by the Corporation for its employees generally or for Executive specifically; (viii) Executive's ’s engaging in bad faith or gross negligence in the performance of his duties under this Agreement as determined in good faith by the Board; or (ix) any other conduct of Executive sufficiently detrimental to the Corporation so as to warrant immediate termination of Executive's ’s employment with the Corporation. In the event of termination for Cause of Executive's ’s employment, Executive's ’s right to receive compensation and other benefits hereunder (other than any Base Salary and any vacation accrued but as yet unpaid on the effective date of such termination) shall terminate on the effective date of such termination, and Executive shall not be entitled to any severance payments or other benefits.

By Corporation for Cause. The Corporation may, upon written notice to Executive, terminate Executive's employment hereunder for Cause (as defined hereafter); provided that the Corporation shall first provide Executive with an opportunity to be heard by the Board on any proposed termination for Cause by the Board. For purposes of this Agreement, the term "Cause" shall mean (i) Executive's material breach of this Agreement if the Corporation has notified Executive of such breach and he has not cured such breach within 15 days of having received such notice; (ii) Executive's material failure to adhere to any policy of the Corporation generally applicable to employees of the Corporation if Executive has been given a reasonable opportunity to comply with such policy or cure his failure to comply; (iii) Executive's appropriation (or attempted appropriation) of a business opportunity of the Corporation, including attempting to secure or securing any personal profit in connection with any transaction entered into on behalf of the Corporation; (iv) Executive's misappropriation (or attempted misappropriation) of any of the Corporation's funds or property; (v) Executive's conviction of, or the entering of a guilty plea or plea of no contest with respect to, a felony, the equivalent thereof, or of a lesser crime having as its predicate element fraud, dishonesty or misappropriation of property of the Corporation; (vi) Executive's willful misconduct or insubordination; (vii) Executive's physical or mental disability or other inability to perform the essential functions of his position for a consecutive six (6) month period, with or without reasonable accommodation, as determined by an independent qualified physician selected by the Corporation and reasonably acceptable to Executive (or his representative) if Executive is not eligible for the benefits under the terms of any long-term disability policy or insurance policy maintained by the Corporation for its employees generally or for Executive specificallyin Section 12b; (viii) Executive's engaging in bad faith or gross negligence in the performance of his duties under this Agreement as determined in good faith by the Board; or (ix) any other conduct of Executive sufficiently detrimental to the Corporation so as to warrant immediate termination of Executive's employment with the Corporation. In the event of termination for Cause of Executive's employment, Executive's right to receive compensation and other benefits hereunder (other than any Base Salary and any vacation accrued but as yet unpaid on the effective date of such termination) shall terminate on the effective date of such termination, and Executive shall not be entitled to any severance payments or other benefits.

By Corporation for Cause. The Corporation may, upon written notice to Executive, terminate Executive's ’s employment hereunder for Cause (as defined hereafter)For Cause; provided that the Corporation shall first provide Executive with an opportunity to be heard by the Board on any proposed termination for Cause cause by the Board. For purposes of this Agreement, the term "“For Cause" ” shall mean (i) Executive's ’s material breach of this Agreement if the Corporation has notified Executive of such breach and he has not cured such breach within 15 days of having received such noticeAgreement; (ii) Executive's ’s material failure to adhere to any policy of the Corporation generally applicable to employees of the Corporation if Executive has been given a reasonable opportunity to comply with such policy or cure his failure to comply; (iii) Executive's ’s appropriation (or attempted appropriation) of a business opportunity of the Corporation, including attempting to secure or securing any personal profit in connection with any transaction entered into on behalf of the Corporation; (iv) Executive's ’s misappropriation (or attempted misappropriation) of any of the Corporation's ’s funds or property; (v) Executive's ’s conviction of, or the entering of a guilty plea or plea of no contest with respect to, a felony, the equivalent thereof, or any other crime with respect to which imprisonment is a possible punishment or of a lesser crime having as its predicate element fraud, dishonesty or misappropriation of property of the Corporation; (vi) Executive's ’s willful misconduct or insubordination; (vii) Executive's ’s physical or mental disability or other inability to perform the essential functions of his position for a consecutive six (6) month periodher position, with or without reasonable accommodation, as determined by an independent qualified physician selected by the Corporation and reasonably acceptable to Executive (or his representative) if Executive is not eligible for the benefits under the terms of any long-term disability policy or insurance policy maintained by the Corporation for its employees generally or for Executive specificallyin Section 12(b); (viii) Executive's ’s engaging in bad faith or gross negligence in the performance of his duties under this Agreement as determined in good faith by the Board; or (ix) any other conduct of Executive sufficiently detrimental to the Corporation so as to warrant immediate termination of Executive's ’s employment with the Corporation. In the event of termination for For Cause of Executive's ’s employment, Executive's ’s right to receive compensation and other benefits hereunder (other than any Base Salary and any vacation accrued but as yet unpaid on the effective date of such termination) shall terminate on the effective date of such termination, and Executive shall not be entitled to any severance payments or other benefits.

By Corporation for Cause. The Corporation may, acting by majority action of the Board, upon written notice to Executive, terminate Executive's employment hereunder for For Cause (as defined hereafter); provided that the Corporation shall first provide the Executive with an opportunity to be heard by the Board on any proposed termination for For Cause by the Board. For purposes of this Agreement, the term "For Cause" shall mean (i) Executive's willful and material breach of this Agreement if the Corporation has notified Agreement, which Executive fails to cure within thirty (30) days after receipt of such breach and he has not cured such breach within 15 days of having received such noticewritten notice thereof; (ii) Executive's willful and material failure to adhere to any policy of the Corporation generally applicable to employees of the Corporation if Corporation, which Executive has been given a reasonable opportunity fails to comply with such policy or cure his failure to complywithin thirty (30) days after receipt of written notice thereof; (iii) Executive's appropriation misappropriation (or attempted appropriationmisappropriation) of a material business opportunity of the Corporation, including attempting to secure or securing any personal profit in connection with any transaction entered into on behalf of the Corporation; (iv) Executive's misappropriation (or attempted misappropriation) of any of the Corporation's funds or property; (v) Executive's conviction of, or the entering of a guilty plea or plea of no contest with respect to, a felony, the equivalent thereof, or of a lesser crime having as its predicate element fraud, dishonesty or misappropriation of property of the Corporation; (vi) Executive's willful misconduct or intentional insubordination; (vii) Executive's physical or mental disability or other inability to perform the essential functions of his position for a consecutive six (6) month period, with or without reasonable accommodation, accommodation (as contemplated by the federal Americans with Disabilities Act) as determined by an independent qualified physician selected by the Corporation and reasonably acceptable to Executive (or his representative) ), if Executive is not eligible for benefits under the terms of any long-term disability policy or insurance policy maintained by the Corporation for its employees generally or for Executive specifically; (viii) Executive's engaging in bad faith or gross negligence in the performance of his duties under this Agreement as determined in good faith by the Board; Board or (ix) any other conduct of Executive sufficiently detrimental to the Corporation so as to warrant immediate termination of Executive's employment with the Corporation. In the event of termination for For Cause of Executive's employment, Executive's right to receive compensation and other benefits hereunder (other than any Base Salary and any vacation accrued but as yet unpaid on the effective date of such termination) shall terminate on the effective date of such termination, and Executive shall not be entitled to any severance payments or other benefitsbenefits pursuant to Section 13.

By Corporation for Cause. The Corporation may, upon written notice to Executive, terminate Executive's employment hereunder for Cause (as defined hereafter); provided that the Corporation shall first provide Executive with an opportunity to be heard by the Board on any proposed termination for Cause by the Board. For purposes of this Agreement, the term "Cause" shall mean (i) Executive's material breach of this Agreement if the Corporation has notified Executive of such breach and he has not cured such breach within 15 days of having received such notice; (ii) Executive's material failure to adhere to any policy of the Corporation generally applicable to employees of the Corporation if Executive has been given a reasonable opportunity to comply with such policy or cure his failure to comply; (iii) Executive's appropriation (or attempted appropriation) of a business opportunity of the Corporation, including attempting to secure or securing any personal profit in connection with any transaction entered into on behalf of the Corporation; (iv) Executive's misappropriation (or attempted misappropriation) of any of the Corporation's funds or property; (v) Executive's conviction of, or the entering of a guilty plea or plea of no contest with respect to, a felony, the equivalent thereof, or of a lesser crime having as its predicate element fraud, dishonesty or misappropriation of property of the Corporation; (vi) Executive's willful misconduct or insubordination; (vii) Executive's physical or mental disability or other inability to perform the essential functions of his position for a consecutive six (6) month period, with or without reasonable accommodation, as determined by an independent qualified physician selected by the Corporation and reasonably acceptable to Executive (or his representative) ), if Executive is not eligible for benefits under the terms of any long-term disability policy or insurance policy maintained by the Corporation for its employees generally or for Executive specifically; (viii) Executive's engaging in bad faith or gross negligence in the performance of his duties under this Agreement as determined in good faith by the Board; or (ix) any other conduct of Executive sufficiently detrimental to the Corporation so as to warrant immediate termination of Executive's employment with the Corporation. In the event of termination for Cause of Executive's employment, Executive's right to receive compensation and other benefits hereunder (other than any Base Salary and any vacation accrued but as yet unpaid on the effective date of such termination) shall terminate on the effective date of such termination, and Executive shall not be entitled to any severance payments or other benefits.