By Employer for Cause. Employer may terminate this Agreement and Employee's employment at any time with Cause. For purposes of this Agreement, termination shall be considered to be for "Cause" if based upon (i) Employee's conviction of a crime involving moral turpitude or embezzlement or conviction of a felony; (ii) Employee's willful activities in competition with Employer or in aid of its competitors; (iii) Employee's breach of this Agreement or the willful and continued failure to substantially perform Employee's duties with Employer under this Agreement (other than any other such failure resulting from Disability), after a written demand is delivered to Employee that specifically identifies the manner in which Employer believes Employee has breached this Agreement or willfully failed to substantially perform her duties, and after Employee has failed to cure such breach or resume substantial performance of her duties on a continuous basis within 14 days of receiving such demand; or (iv) Employee willfully engaging in conduct in breach of this Agreement or that is demonstrably and materially injurious to Employer, monetarily or otherwise. For purposes of clauses (ii), (iii) and (iv) above, no act, or failure to act, on the Employee's 2 part shall be deemed "willful" unless done, or omitted to be done, by the Employee in bad faith without reasonable belief that her action or omission was in the best interests of the Employer.
Appears in 4 contracts
Samples: Employment Agreement (Manatron Inc), Employment Agreement (Manatron Inc), Employment Agreement (Manatron Inc)
By Employer for Cause. Employer may terminate this Agreement and Employee's employment at any time with for Cause. For purposes of this Agreement, termination shall be considered to be for "Cause" if based upon (i) Employee's conviction of a crime involving moral turpitude or embezzlement or conviction of a 2 felony; (ii) Employee's willful activities in competition with Employer or in aid of its competitors; (iii) Employee's material breach of this Agreement or the willful and continued failure to substantially perform Employee's duties with Employer under this Agreement (other than any other such failure resulting from Disability), after a written demand is delivered to Employee that specifically identifies the manner in which Employer believes Employee has breached this Agreement or willfully failed to substantially perform her his duties, and after Employee has failed to cure such breach or resume substantial performance of her his duties on a continuous basis within 14 fourteen (14) days of receiving such demand; or (iv) Employee willfully engaging in conduct in breach of this Agreement or that is demonstrably and materially injurious to Employer, monetarily or otherwise. For purposes of clauses (ii), (iii) and (iv) above, no act, or failure to act, on the Employee's 2 part shall be deemed "willful" unless done, or omitted to be done, by the Employee in bad faith without reasonable belief that her his action or omission was in the best interests of the Employer.
Appears in 2 contracts
Samples: Employment Agreement (Manatron Inc), Employment Agreement (Manatron Inc)
By Employer for Cause. Employer may terminate this Agreement and Employee's employment at any time with for Cause. For purposes of this Agreement, termination shall be considered to be for "Cause" if based upon (i) Employee's conviction of a crime involving moral turpitude or embezzlement or conviction of a felony; (ii) Employee's willful activities in competition with Employer or in aid of its competitors; (iii) Employee's breach of this Agreement or the willful and continued failure to substantially perform Employee's duties with Employer under this Agreement (other than any other such failure resulting from Disability), after a written demand is delivered to Employee that specifically identifies the manner in which Employer believes Employee has breached this Agreement or willfully failed to substantially perform her his duties, and after Employee has failed to cure such breach or resume substantial performance of her his duties on a continuous basis within 14 days of receiving such demand; or (iv) Employee willfully engaging in conduct in breach of this Agreement or that is demonstrably and materially injurious to Employer, monetarily or otherwise. For purposes of clauses (ii), (iii) and (iv) above, no act, or failure to act, on the Employee's 2 part shall be deemed "willful" unless done, or omitted to be done, by the Employee in bad faith without reasonable belief that her his action or omission was in the best interests of the Employer.
Appears in 2 contracts
Samples: Employment Agreement (Manatron Inc), Employment Agreement (Manatron Inc)
By Employer for Cause. Employer may terminate this Agreement and Employee's employment at any time with Cause. For purposes of this Agreement, termination shall be considered to be for "Cause" if based upon (i) Employee's conviction of a crime involving moral turpitude or embezzlement or conviction of a felony; (ii) Employee's willful activities in competition with Employer or in aid of its competitors; (iii) Employee's breach of this Agreement or the willful and continued failure to substantially perform Employee's duties with Employer under this Agreement (other than any other such failure resulting from Disability), after a written demand is delivered to Employee that specifically identifies the manner in which Employer believes Employee has breached this Agreement or willfully failed to substantially perform her duties, and after Employee has failed to cure such breach or resume substantial performance of her duties on a continuous basis within 14 days of receiving such 2 demand; or (iv) Employee willfully engaging in conduct in breach of this Agreement or that is demonstrably and materially injurious to Employer, monetarily or otherwise. For purposes of clauses (ii), (iii) and (iv) above, no act, or failure to act, on the Employee's 2 part shall be deemed "willful" unless done, or omitted to be done, by the Employee in bad faith without reasonable belief that her action or omission was in the best interests of the Employer.
Appears in 2 contracts
Samples: Employment Agreement (Manatron Inc), Employment Agreement (Manatron Inc)
By Employer for Cause. Employer may terminate this Agreement and Employee's employment at any time with Cause. For purposes of this Agreement, termination shall be considered to be for "Cause" if based upon (i) Employee's conviction of a crime involving moral turpitude or embezzlement or conviction of a felony; (ii) Employee's willful activities in competition with Employer or in aid of its competitors; (iii) Employee's breach of this Agreement or the willful and continued failure to substantially perform Employee's duties with Employer under this Agreement (other than any other such failure resulting from Disability), after a written demand is delivered to Employee that specifically identifies the manner in which Employer believes Employee has breached this Agreement or willfully failed to substantially perform her his duties, and after Employee has failed to cure such breach or resume substantial performance of her his duties on a continuous basis within 14 days of receiving such demand; 2 or (iv) Employee willfully engaging in conduct in breach of this Agreement or that is demonstrably and materially injurious to Employer, monetarily or otherwise. For purposes of clauses (ii), (iii) and (iv) above, no act, or failure to act, on the Employee's 2 part shall be deemed "willful" unless done, or omitted to be done, by the Employee in bad faith without reasonable belief that her his action or omission was in the best interests of the Employer.
Appears in 2 contracts
Samples: Employment Agreement (Manatron Inc), Employment Agreement (Manatron Inc)
By Employer for Cause. Employer may terminate this Agreement and Employee's employment at any time with Cause. For purposes of this Agreement, termination shall be considered to be for "Cause" if based upon (i) Employee's conviction of a crime involving moral turpitude or embezzlement or conviction of a felony; (ii) Employee's willful activities in competition with Employer or in aid of its competitors; (iii) Employee's breach of this Agreement or the willful and continued failure to substantially perform Employee's duties with Employer under this Agreement (other than any other such failure resulting from Disability), after a written demand is delivered to Employee that specifically identifies the manner in which Employer believes Employee has breached this Agreement or willfully failed to substantially perform her his duties, and after Employee has failed to cure such breach or resume substantial performance of her his duties on a continuous basis within 14 days of receiving such demand; or (iv) Employee willfully engaging in conduct in breach of this Agreement or that is demonstrably and materially injurious to Employer, monetarily or otherwise. For purposes of clauses (ii), (iii) and (iv) above, no act, or failure to act, on the Employee's 2 part shall be deemed "willful" unless done, or omitted to be done, by the Employee in bad faith without reasonable belief that her his action or omission was in the best interests of the Employer.
Appears in 1 contract
Samples: Employment Agreement (Manatron Inc)
By Employer for Cause. Employer may terminate this Agreement and Employee's employment at any time with Cause. For purposes of this Agreement, termination shall be considered to be for "Cause" if based upon (i) Employee's conviction of a crime involving moral turpitude or embezzlement or conviction of a felony; (ii) Employee's willful activities in competition with Employer or in aid of its competitors; (iii) Employee's breach of this Agreement or the willful and continued failure to substantially perform Employee's duties with Employer under this Agreement (other than any other such failure resulting from Disability), after a written demand is delivered to Employee that specifically identifies the manner in which Employer believes Employee has breached this Agreement or willfully failed to substantially perform her his duties, and after Employee has failed to cure such breach or resume substantial performance of her his duties on a continuous basis within 14 days of receiving such demand; or (iv) Employee willfully engaging in conduct in breach of this Agreement or that is demonstrably and materially injurious to Employer, monetarily or otherwise. For purposes of clauses (ii), (iii) and (iv) above, no act, or failure to act, on the Employee's 2 part shall be deemed "willful" unless done, or omitted to be done, by the Employee in bad faith without reasonable belief that her his action or omission was in the best interests of the Employer.
Appears in 1 contract
Samples: Employment Agreement (Manatron Inc)