Common use of By Employer for Cause Clause in Contracts

By Employer for Cause. At any time, and without prior notice (except as otherwise provided in the definition of Cause set forth below), Employer may terminate the Period of Employment for Cause. Employer shall pay Executive all compensation then due and owing; thereafter, all of Employer’s obligations under this Agreement shall cease. Termination shall be for “Cause” if Executive (i) breaches his duty of loyalty to Employer or any of its Affiliates or engages in any acts of dishonesty or fraud with respect to Employer or any of its Affiliates or any of their respective business relations, (ii) commits a felony or any crime involving dishonesty, breach of trust, or physical or emotional harm to any person (or enters a plea of guilty or nolo contendere with respect thereto), (iii) breaches any material term of this Agreement or any other agreement between Executive and Employer or any of its Affiliates and such breach (if capable of cure) is not cured within fifteen (15) days following written notice thereof from Employer, (iv) reports to work under the influence of alcohol or illegal drugs, the use of illegal drugs (whether or not at the workplace) or other repeated conduct causing Employer or any of its Affiliates substantial public disgrace, disrepute or economic harm, (v) substantial and repeated failure to perform the duties as reasonably directed by the CEO or (vi) gross negligence or willful misconduct with respect to the Employer or any of its Affiliates.

Appears in 6 contracts

Samples: Employment Agreement (NightHawk Radiology Holdings Inc), Employment Agreement (NightHawk Radiology Holdings Inc), Employment Agreement (NightHawk Radiology Holdings Inc)

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By Employer for Cause. At any time, and without prior notice (except as otherwise provided in the definition of Cause set forth below)notice, Employer may terminate the Period of Employment Employee for Causecause. If employee is terminated for cause he shall not be entitled to any severance pay. Employer shall pay Executive Employee all compensation then due and owing, including but not limited to accrued sick leave in accordance with SAWPA policy; thereafter, all of Employer’s obligations under this Agreement shall cease. Termination shall be for “Cause” cause if Executive based on: (i) breaches his duty willful and intentional misappropriation or theft of loyalty to Employer Authority funds or any of its Affiliates or engages in any acts of dishonesty or fraud with respect to Employer or any of its Affiliates or any of their respective business relations, property; (ii) commits possession, use or sale of illegal drugs on Authority property or reporting for duty under the influence of alcohol or illegal drugs (including, but not limited to marijuana which remains illegal under federal law); (iii) pleading guilty or being convicted of a felony or any conviction of a crime involving dishonesty, breach of trust, or physical or emotional harm to any person person; (a plea or enters verdict of guilty or finding of guilt by a court in a trial without a jury is deemed to be a conviction within the meaning of this clause irrespective of a subsequent order under provisions of Section 1203.4 of the Penal Code allowing withdrawal of a plea of guilty and entering a plea of not guilty, or nolo contendere with respect theretosetting aside the verdict of guilty, or dismissing the accusations or information), ; (iiiiv) breaches willful or malicious violation of the Authority's Policies and Procedures; (v) willful or malicious breach of recognized professional standards; (vi) breach of any material term of this Agreement Agreement; (vii) willful or persistent material breach of duties; (viii) engaging in unlawful discrimination or harassment of employees or any other agreement between Executive and Employer third party while on SAWPA premises or any of its Affiliates and such breach (if capable of cure) is not cured within fifteen (15) days following written notice thereof from Employer, (iv) reports to work under the influence of alcohol or illegal drugs, the use of illegal drugs (whether or not at the workplace) or other repeated conduct causing Employer or any of its Affiliates substantial public disgrace, disrepute or economic harm, (v) substantial and repeated failure to perform the duties as reasonably directed by the CEO time; or (viix) gross negligence or willful misconduct with respect to the Employer or any of its Affiliatesunauthorized absence for more than three days.

Appears in 1 contract

Samples: Employment Agreement

By Employer for Cause. At any time, and without prior notice (except as otherwise provided in the definition of Cause set forth below), Employer may terminate the Period of Employment for Cause. Employer shall pay Executive all compensation then due and owing; thereafter, all of Employer’s obligations under this Agreement shall cease. Termination shall be for “Cause” if Executive (i) materially breaches his duty of loyalty to Employer or any of its Affiliates or engages in any acts of material dishonesty or fraud with respect to Employer or any of its Affiliates or any of their respective business relations, (ii) commits a felony or any crime involving dishonesty, breach of trust, or physical or emotional harm to any person (or enters a plea of guilty or nolo contendere with respect thereto), (iii) breaches any material term of this Agreement or any other agreement between Executive and Employer or any of its Affiliates and such breach (if capable of cure) is not cured within fifteen (15) days following written notice thereof from Employer, (iv) reports to work under the influence of alcohol or illegal drugs, the use of illegal drugs (whether or not at the workplace) or other repeated conduct material misconduct causing Employer or any of its Affiliates substantial public disgrace, disrepute or economic harm, (v) substantial and repeated failure to perform the duties in compliance with this Agreement and as reasonably directed by the CEO Board (provided that Executive is provided with a 15-day notice period and opportunity to cure) or (vi) engages in material gross negligence or material willful misconduct with respect to the Employer or any of its Affiliates.

Appears in 1 contract

Samples: Employment Agreement (NightHawk Radiology Holdings Inc)

By Employer for Cause. At any time, and without prior notice (except as otherwise provided in the definition of Cause set forth below), Employer may terminate the Period of Employment Executive for Cause. Employer shall pay Executive all compensation then due and owing; thereafter, all of Employer’s 's obligations under this Agreement shall cease. Termination shall be for "Cause" if Executive Executive: (i) is continuously inattentive to his lawful duties after at least one written notice has been provided to Executive and Executive has failed to cure the same within a 30-day period thereafter; (ii) reports to work under the influence of alcohol or illegal drugs, or uses illegal drugs (whether or not at the workplace) or engages in other conduct causing the Employer substantial public disgrace or disrepute or economic harm; (iii) breaches his duty of loyalty to Employer or any of its Affiliates or engages in any acts of dishonesty or fraud with respect to Employer or any of its Affiliates or any of their respective business relations, ; (iiiv) commits is convicted of a felony or any crime involving dishonesty, breach of trust, or physical or emotional harm to any person (or enters a plea of guilty or nolo contendere with respect thereto), ; or (iiiv) breaches any material term of this Agreement or any other agreement between Executive and Employer or any of its Affiliates and such breach (if capable of cure) is not cured within fifteen thirty (1530) days following written notice thereof from Employer, (iv) reports to work under the influence of alcohol or illegal drugs, the use of illegal drugs (whether or not at the workplace) or other repeated conduct causing Employer or any of its Affiliates substantial public disgrace, disrepute or economic harm, (v) substantial and repeated failure to perform the duties as reasonably directed by the CEO or (vi) gross negligence or willful misconduct with respect to the Employer or any of its Affiliates.

Appears in 1 contract

Samples: Employment Agreement (Seabright Insurance Holdings Inc)

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By Employer for Cause. At any time, and without prior notice (except as otherwise provided in the definition of Cause set forth below), Employer may terminate the Period of Employment for Cause. Employer shall pay Executive all compensation then due and owing; thereafter, all of Employer’s obligations under this Agreement shall cease. Termination shall be for “Cause” if Executive Executive: (i) breaches his duty of loyalty to Employer or any of its Affiliates or engages in any acts of dishonesty or fraud with respect to Employer or any of its Affiliates or any of their respective business relations, ; (ii) commits a felony or any crime involving dishonesty, breach of trust, or physical or emotional harm to any person (or enters a plea of guilty or nolo contendere with respect thereto), ; (iii) breaches any material term of this Agreement or any other agreement between Executive and Employer or any of its Affiliates and such breach (if capable of cure) is not cured within fifteen (15) days following written notice thereof from Employer, (iv) reports to work under the influence of alcohol or illegal drugs, the use of illegal drugs (whether or not at the workplace) or other repeated conduct causing Employer or any of its Affiliates substantial public disgrace, disrepute or economic harm, (v) substantial and repeated failure to perform the duties as reasonably directed by the CEO Board, or (vi) gross negligence or willful misconduct with respect to the Employer or any of its Affiliates.

Appears in 1 contract

Samples: Employment Agreement (NightHawk Radiology Holdings Inc)

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