By the Board. During the Term, the Board shall be entitled to terminate the Employee's employment with or without "Cause" (as defined below) by providing written notice to the Employee of such decision, provided that if the Board terminates the Employee's employment without Cause (and not as a result of a Disability), then the Board must provide at least thirty (30) days' advance written notice of such decision to the Employee. No advance notice period is required for a termination by the Board with Cause. The Board reserves the right to withdraw any and all duties and responsibilities from the Employee, and to exclude the Employee from the Company's premises, during such 30-day notice period. For purposes of this Agreement, "Cause" shall mean (i) the commission by the Employee of an act of malfeasance, dishonesty, fraud, or breach of trust against the Company or any of its employees, clients, or suppliers, (ii) the breach by the Employee of any of his obligations under this Agreement, or any other agreement between the Employee and the Company, (iii) the Employee's failure to comply with the Company's written policies; (iv) the Employee's failure, neglect, or refusal to perform his duties under this Agreement, or to follow the lawful written directions of the Board, (v) the Employee's indictment, conviction of, or plea of guilty or no contest to, any felony or any crime involving moral turpitude, (vi) any act or omission by the Employee involving dishonesty or fraud or that is, or is reasonably likely to be, injurious to the financial condition or business reputation of the Company, or that otherwise is injurious to the Company's employees, clients, or suppliers, or (vii) the inability of the Employee, as a result of repeated alcohol or drug use, to perform the duties and/or responsibilities of his position.
By the Board. (a) All matters concerning the determination and allocation among the Members of the amounts to be determined and allocated pursuant to this Agreement, including any taxes thereon and accounting procedures applicable thereto, shall be determined by the Board unless specifically and expressly otherwise provided for by the provisions of this Agreement or as required by law, and such determinations and allocations shall be final and binding on all the Members.
(b) The Board may make such adjustments to the computation of Profits or Losses or any components (withholding any items of income, gain, loss, or deduction) comprising any of the foregoing as it considers appropriate to reflect fairly and accurately the financial results of the Fund and the intended allocation thereof among the Members.
(c) Appropriate reserves may be created for contingent liabilities, if any, as of the date any such contingent liability becomes known to the Board, such reserves to be in the amounts that the Board, in its sole discretion, deems necessary or appropriate. The Board may increase or reduce any such reserves from time to time by such amounts as the Board, in its sole discretion, deems necessary or appropriate.
By the Board. If the complaint is received by the Board, it will be communicated to the Tribe’s Legal Department in writing within seven (7) days.
By the Board. The Board, through its staff, may also conduct premises checks. Prior to conducting any such check, the Board will contact the Chief of Police for the Tribe to be inspected to provide reasonable notice of such premises check, prior to conducting the check. The Tribe may designate appropriate staff to observe the premises check provided they do not interfere with the check. The Board will share the results of such premises checks with the Tribe at the contacts provided in Section V(B).
By the Board. (a) All matters concerning the determination and allocation among the Members of the amounts to be determined and allocated pursuant to Article V hereof, including any taxes thereon and accounting procedures applicable thereto, shall be determined by the Board (either directly or by the Investment Manager pursuant to delegated authority) unless specifically and expressly otherwise provided for by the provisions of this Agreement or as required by law, and such determinations and allocations shall be final and binding on all the Members.
(b) The Board may make such adjustments to the computation of Net Profit or Net Loss or any components (withholding any items of income, gain, loss, or deduction) comprising any of the foregoing as it considers appropriate to reflect fairly and accurately the financial results of the Company and the intended allocation thereof among the Members.
By the Board. The Board by a resolution adopted by a majority of the total number of directors that the Corporation would have if there were no vacancies may alter, amend or repeal these By-Laws.
By the Board. Stockholders. These By-laws may be altered, amended or repealed, in whole or in part, or new By-laws may be adopted by the Board of Directors or by the stockholders as provided in the Certificate of Incorporation.
By the Board. The Respondent has satisfied the terms and conditions set forth in the Board’s Order dated January 21, 2010.
By the Board. Board staff may also conduct compliance checks. Prior to conducting any such check, the Board will contact the following Tribal representatives or their successors to provide reasonable notice of such compliance check, prior to conducting the check:
i. Xxxxxxx Xxxxxxx, Tribal Chairwoman Xxxxxxx.Xxxxxxx@xxxxx.xxx, (000) 000-0000 x0000
ii. Xxx Xxxxx, Chief of Police Xxx.Xxxxx@xxxxx.xxx, (000) 000-0000 x0000
iii. Xxxxx Xxxxx, Executive Director Xxxxx.Xxxxx@xxxxx.xxx, (000) 000-0000 x0000
iv. Xxxx Xxxxx, Executive Administrative Assistant Xxxx.Xxxxx@xxxxx.xxx, (000) 000-0000 x0000
v. Xxx Xxxxx, Tribal Attorney Xxx.Xxxxx@xxxxx.xxx, (000) 000-0000 x0000
vi. Xxxxxx Xxxxx, Director, Lower Elwha Gaming Commission Xxxxxx.Xxxxx@xxxxx.xxx, (000) 000-0000 The Tribe may delegate staff to observe the check, provided they do not interfere with the check. The Board will share the results of such compliance checks with the Tribe.
By the Board. The Board hereby agrees to indemnify, defend, and hold harmless WTCC and its officers, directors, employees, agents and representatives from and against any and all Liabilities arising from the negligence or willful misconduct of the Board or its officers, or employees acting on behalf of the Board or arising from the negligent failure to adequately supervise CIHS Students to the extent covered by insurance purchased by the Board pursuant to G.S. 115C-42.
