By Employer for Cause. Employer may, at any time during the Employment Period, by notice to Executive, terminate the Employment Period for “Cause” (as defined below) effective immediately, except as otherwise provided below. The notice shall set forth in reasonable detail the basis for such termination. In the event that it is possible for the Executive to cure or correct the circumstances set forth in the notice, the termination shall not be effective until the date that is thirty (30) days following the date on which such notice is given and the circumstances set forth in the notice shall not constitute “Cause” if within 30 days of such notice, Executive cures or corrects such circumstances. The Employer shall have “Cause” to terminate the Executive’s employment hereunder upon the Executive’s: (a) fraud, embezzlement, or any other illegal act committed intentionally by the Executive in connection with the Executive’s duties as an executive of the Employer or any subsidiary or affiliate of the Employer which causes or may reasonably be expected to cause substantial economic injury to the Employer or any subsidiary or affiliate of the Employer, (b) conviction of any felony which causes or may reasonably be expected to cause substantial economic injury to the Employer or any subsidiary or affiliate of the Employer, or (c) willful or grossly negligent commission of any other act or failure to act which causes or may reasonably be expected (as of the time of such occurrence) to cause substantial economic injury to or substantial injury to the reputation of the Employer or any subsidiary or affiliate of the Employer, including, without limitation, any material violation of the Foreign Corrupt Practices Act, as described herein below. An act or failure to act on the part of Executive shall be considered “willful” if done, or omitted to be done, by Executive in bad faith or without a reasonable belief that the act or omission was in the best interest of Employer.
Appears in 4 contracts
Samples: Employment Agreement (Smart Move, Inc.), Employment Agreement (Smart Move, Inc.), Employment Agreement (Smart Move, Inc.)
By Employer for Cause. Employer may, at any time during the Employment Period, by written notice to Executive, terminate the Employment Period and this Agreement for “"Cause” " (as defined below) effective immediately, except as otherwise provided below. The notice shall set forth in reasonable detail the basis for such termination. In the event that it is possible for the Executive to cure or correct the circumstances set forth in the notice, the termination shall not be effective until the date that is thirty (30) days following the date on which such notice is given and the circumstances set forth in the notice shall not constitute “"Cause” " if within 30 thirty (30) days of such notice, Executive cures or corrects such circumstances. The Employer shall have “"Cause” " to terminate the Executive’s 's employment hereunder upon the Executive’s's:
(a) fraud, embezzlement, or any other illegal act committed intentionally by the Executive in connection with the Executive’s 's duties as an executive of the Employer or any subsidiary or affiliate of the Employer which that causes or may reasonably be expected to cause substantial economic injury to the Employer or any subsidiary or affiliate of the Employer,
(b) conviction of any felony which causes or may reasonably be expected to cause substantial economic injury to the Employer or any subsidiary or affiliate of the Employer, or
(c) willful or grossly negligent commission of any other act or failure to act which causes or may reasonably be expected (as of the time of such occurrence) to cause substantial economic injury to or substantial injury to the reputation of the Employer or any subsidiary or affiliate of the Employer, including, without limitation, any material violation of the Foreign Corrupt Practices Act, as described herein below. An act or failure to act on the part of Executive shall be considered “"willful” " if done, or omitted to be done, by Executive in bad faith or without a reasonable belief that the act or omission was in the best interest of Employer.
Appears in 1 contract
Samples: Employment Agreement (iDNA, Inc.)
By Employer for Cause. Employer may, at any time during the Employment Period, by notice to Executive, terminate the Employment Period for “Cause” (as defined below) effective immediately, except as otherwise provided below. The notice shall set forth in reasonable detail the basis for such termination. In the event that it is possible for the Executive to cure or correct the circumstances set forth in the notice, the termination shall not be effective until the date that is thirty (30) days following the date on which such notice is given and the circumstances set forth in the notice shall not constitute “Cause” if within 30 days of such notice, Executive cures or corrects such circumstances. The Employer shall have “Cause” to terminate the Executive’s employment hereunder upon the Executive’s:
(a) fraud, embezzlement, or any other illegal act committed intentionally by the Executive in connection with the Executive’s duties as an executive of the Employer or any subsidiary or affiliate of the Employer which causes or may reasonably be expected to cause substantial economic injury to the Employer or any subsidiary or affiliate of the Employer,;
(b) conviction of any felony which causes or may reasonably be expected to cause substantial economic injury to the Employer or any subsidiary or affiliate of the Employer, ; or
(c) willful or grossly negligent commission of any other act or failure to act which causes or may reasonably be expected (as of the time of such occurrence) to cause substantial economic injury to or substantial injury to the reputation of the Employer or any subsidiary or affiliate of the Employer, including, without limitation, any material violation of the Foreign Corrupt Practices Act, as described herein below. An act or failure to act on the part of Executive shall be considered “willful” if done, or omitted to be done, by Executive in bad faith or without a reasonable belief that the act or omission was in the best interest of Employer.
Appears in 1 contract
Samples: Employment Agreement (Andatee China Marine Fuel Services Corp)
By Employer for Cause. Employer may, at any time during the Employment Period, by notice to Executive, terminate the Employment Period period for “Cause.” (as defined below) effective immediatelyAs used herein, except as otherwise provided below. The notice shall set forth in reasonable detail the basis for such termination. In the event that it is possible for the Executive to cure or correct the circumstances set forth in the notice, the termination shall not be effective until the date that is thirty (30) days following the date on which such notice is given and the circumstances set forth in the notice shall not constitute “Cause” if within 30 days shall mean (i) fraud or acts of such notice, Executive cures gross negligence or corrects such circumstances. The Employer shall have “Cause” to terminate the Executive’s employment hereunder upon the Executive’s:
(a) fraud, embezzlement, or any other illegal act committed intentionally by the Executive in connection with the Executive’s duties as an executive of the Employer or any subsidiary or affiliate of the Employer which causes or may reasonably be expected to cause substantial economic injury to the Employer or any subsidiary or affiliate of the Employer,
(b) conviction of any felony which causes or may reasonably be expected to cause substantial economic injury to the Employer or any subsidiary or affiliate of the Employer, or
(c) willful or grossly negligent commission of any other act or failure to act which causes or may reasonably be expected (as of the time of such occurrence) to cause substantial economic injury to or substantial injury to the reputation of the Employer or any subsidiary or affiliate of the Employer, including, without limitation, any material violation of the Foreign Corrupt Practices Act, as described herein below. An act or failure to act gross misconduct on the part of Executive shall be considered “willful” if donein the course of his employment, (ii) substantial and continued failure by Executive to perform his duties hereunder, (iii) use of alcohol by Executive or his illegal use of drugs (including narcotics, (which in either case is, or omitted could reasonably be expected to become, materially injurious to the reputation or business of Employer or which impairs, or could reasonably be doneexpected to impair, the performance of Executive’s duties hereunder, (iv) Executive’s conviction by Executive in bad faith a court of competent jurisdiction of, or without pleading “guilty” or “no contest” to, (x) a reasonable belief that the act felony, or omission was (y) any other criminal charge (other than minor traffic violations) which has or could reasonably be expected to have a material adverse impact on Employer’s reputation and standing in the best interest community, or (v) Executive’s violation of Employerany of the provisions of Sections 7 and 8 herein. Any notice given by Employer pursuant to this Section 5.2 shall specify in writing in reasonable detail the event or the nature of Executive’s action or inaction that is the cause for giving such notice. Executive will have 30 days to cure, to the reasonable satisfaction of employer, any action or inaction charged by Employer for Cause under (ii) or (v), above, or Executive commences cure and pursues such cure in good faith and it requires more than 30 days to complete such Cure. The Employment period shall terminate immediately upon notice by Employer of termination for Cause and the reason therefore, unless such actions or inactions can be cured and Executive has satisfactorily cured such actions or inactions.
Appears in 1 contract
By Employer for Cause. Employer may, at any time during the Employment Period, by notice to Executive, terminate the Employment Period for “"Cause” " (as defined below) effective immediately, except as otherwise provided below. The notice shall set forth in reasonable detail the basis for such termination. In the event that it is possible for the Executive to cure or correct the circumstances set forth in the notice, the termination shall not be effective until the date that is thirty (30) days following the date on which such notice is given and the circumstances set forth in the notice shall not constitute “"Cause” " if within 30 days of such notice, Executive cures or corrects such circumstances. The Employer shall have “"Cause” " to terminate the Executive’s 's employment hereunder upon the Executive’s's:
(a) fraud, embezzlement, or any other illegal act committed intentionally by the Executive in connection with the Executive’s 's duties as an executive of the Employer or any subsidiary or affiliate of the Employer which causes or may reasonably be expected to cause substantial economic injury to the Employer or any subsidiary or affiliate of the Employer,
(b) conviction of any felony which causes or may reasonably be expected to cause substantial economic injury to the Employer or any subsidiary or affiliate of the Employer, or
(c) willful or grossly negligent commission of any other act or failure to act which causes or may reasonably be expected (as of the time of such occurrence) to cause substantial economic injury to or substantial injury to the reputation of the Employer or any subsidiary or affiliate of the Employer, including, without limitation, any material violation of the Foreign Corrupt Practices Act, as described herein below. An act or failure to act on the part of Executive shall be considered “"willful” " if done, or omitted to be done, by Executive in bad faith or without a reasonable belief that the act or omission was in the best interest of Employer.
Appears in 1 contract
Samples: Employment Agreement (National Auto Credit Inc /De)
By Employer for Cause. Employer may, at any time during the Employment Period, by notice to Executive, terminate the Employment Period for “"Cause” " (as defined below) effective immediately, except as otherwise provided below. The notice shall set forth in reasonable detail the basis for such termination. In the event that it is possible for the Executive to cure or correct the circumstances set forth in the notice, the termination shall not be effective until the date that is thirty (30) days following the date on which such notice is given and the circumstances set forth in the notice shall not constitute “"Cause” " if within 30 days of such notice, Executive cures or corrects such circumstances. The Employer shall have “"Cause” " to terminate the Executive’s 's employment hereunder upon the Executive’s's:
(a) fraud, embezzlement, or any other illegal act committed intentionally by the Executive in connection with the Executive’s 's duties as an executive of the Employer or any subsidiary or affiliate of the Employer which causes or may reasonably be expected to cause substantial economic injury to the Employer or any subsidiary or affiliate of the Employer,
(b) conviction of any felony which causes or may reasonably be expected to cause substantial economic injury to the Employer or any subsidiary or affiliate of the Employer, or
(c) willful or grossly negligent commission of any other act or failure to act which causes or may reasonably be expected (as of the time of such occurrence) to cause substantial economic injury to or substantial injury to the reputation of the Employer or any subsidiary or affiliate of the Employer, including, without limitation, any material violation of the Foreign Corrupt Practices Act, as described herein below. An act or failure to act on the part of Executive shall be considered “"willful” " if done, or omitted to be done, by Executive in bad faith or without a reasonable belief that the act or omission was in the best interest of Employer.
Appears in 1 contract
Samples: Employment Agreement (National Auto Credit Inc /De)
By Employer for Cause. Employer may, at any time during the Employment Period, by written notice to Executive, terminate the Employment Period and this Agreement for “Cause” (as defined below) , which termination shall be effective immediately, immediately except as otherwise provided below. The Such notice shall set forth in reasonable detail the basis for such termination. In the event that it is possible for the Executive to cure or correct the circumstances set forth in the such notice, the termination shall not be effective until the date that is thirty (30) days following the date on which such notice is given given, and the circumstances set forth in the notice shall not constitute “Cause” Cause if within such 30 days of such notice, Executive cures or corrects such circumstances. The Employer shall have “Cause” "CAUSE" to terminate the Executive’s 's employment hereunder upon the or on account of Executive’s's:
(a) any fraud, embezzlement, embezzlement or any other illegal act committed intentionally by the Executive in connection with the Executive’s 's duties as an executive of the Employer or any subsidiary or affiliate of the Employer which that causes or may reasonably be expected to cause substantial economic injury to the Employer or any subsidiary or affiliate of the Employer,;
(b) any conviction of any felony which that causes or may reasonably be expected to cause substantial economic injury to the Employer or any subsidiary or affiliate of the Employer, or;
(c) any breach or violation of any material term or condition of this Agreement; or
(d) any willful or grossly negligent commission of any other act or failure to act which that causes or may reasonably be expected (as of the time of such occurrence) to cause substantial economic injury to or substantial injury to the reputation of the Employer or any subsidiary or affiliate of the Employer, including, without limitation, any material violation of the Foreign Corrupt Practices Act, as described herein below. An act or failure to act on the part of Executive shall be considered “"willful” " if done, or omitted to be done, by Executive in bad faith or without a reasonable belief that the act or omission was in the best interest of Employer.
Appears in 1 contract
Samples: Employment Agreement (National Auto Credit Inc /De)