By the Company for Cause; By the Executive Without Good Reason. (i) The Executive's employment hereunder may be terminated by the Company for Cause (as defined below) at any time or by Executive without Good Reason after 30 days prior written notice (unless the Company waives such notice requirement). (ii) For purposes of this Agreement, "Cause" shall mean (i) Executive's continued failure substantially to perform Executive's duties hereunder (other than as a result of total or partial incapacity due to physical or mental illness) for a period of 10 days following notice by the Company to the Executive of such failure, (ii) dishonesty in the performance of Executive's duties hereunder, (iii) an act or acts on Executive's part constituting (x) a felony under the laws of the United States or any state thereof or (y) a misdemeanor involving moral turpitude, (iv) Executive's willful malfeasance or willful misconduct in connection with Executive's duties hereunder or any act or omission which is materially injurious to the financial condition or business reputation of the Company or any of its subsidiaries or affiliates or (v) Executive's breach of the provisions of Section 8 of this Agreement.
Appears in 5 contracts
Samples: Employment Agreement (Proxim Corp), Employment Agreement (Proxim Corp), Employment Agreement (Proxim Corp)
By the Company for Cause; By the Executive Without Good Reason. (i) The Executive's employment hereunder may be terminated by the Company for Cause (as defined below) at any time or by Executive without Good Reason after 30 90 days prior written notice (unless the Company waives such notice requirement).
(ii) For purposes of this Agreement, "Cause" shall mean (i) Executive's continued failure substantially to perform Executive's duties hereunder (other than as a result of total or partial incapacity due to physical or mental illness) for a period of 10 days following notice by the Company to the Executive of such failure, (ii) dishonesty in the performance of Executive's duties hereunder, (iii) an act or acts on Executive's part constituting (x) a felony under the laws of the United States or any state thereof or (y) a misdemeanor involving moral turpitude, (iv) Executive's willful malfeasance or willful misconduct in connection with Executive's duties hereunder or any act or omission which is materially injurious to the financial condition or business reputation of the Company or any of its subsidiaries or affiliates or (v) Executive's breach of the provisions of Section 8 of this Agreement.
Appears in 2 contracts
Samples: Employment Agreement (Western Multiplex Corp), Employment Agreement (Western Multiplex Corp)
By the Company for Cause; By the Executive Without Good Reason. (i) The Executive's ’s employment hereunder may be terminated by the Company for Cause (as defined below) at any time or by Executive without Good Reason after 30 days prior written notice (unless the Company waives such notice requirement)Reason.
(ii) For purposes of this Agreement, "“Cause" ” shall mean (i) Executive's ’s continued failure substantially to properly perform Executive's ’s duties hereunder (other than as a result of total or partial incapacity due to physical or mental illness) for a period of 10 days as reasonably determined by the CEO following notice by the Company to the Executive of such failurefailure and a reasonable opportunity for Executive to cure, (ii) dishonesty in the performance of Executive's ’s duties hereunder, (iii) an act or acts on Executive's ’s part constituting (x) a felony under the laws of the United States or any state thereof or (y) a misdemeanor involving moral turpitude, (iv) Executive's ’s willful malfeasance or willful misconduct in connection with Executive's ’s duties hereunder or any act or omission which is materially injurious to the financial condition or business reputation of the Company or any of its subsidiaries or affiliates affiliates, or (v) Executive's ’s breach of the provisions of Section 8 of this Agreement.
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By the Company for Cause; By the Executive Without Good Reason. (i) The Executive's ’s employment hereunder may be terminated by the Company for Cause (as defined below) at any time or by Executive without Good Reason after 30 days prior written notice (unless the Company waives such notice requirement).
(ii) For purposes of this Agreement, "“Cause" ” shall mean (i) Executive's ’s continued failure substantially to properly perform Executive's ’s duties hereunder (other than as a result of total or partial incapacity due to physical or mental illness) for a period of 10 days as reasonably determined by the Chief Executive following notice by the Company to the Executive of such failure, (ii) dishonesty in the performance of Executive's ’s duties hereunder, (iii) an act or acts on Executive's ’s part constituting (x) a felony under the laws of the United States or any state thereof or (y) a misdemeanor involving moral turpitude, (iv) Executive's ’s willful malfeasance or willful misconduct in connection with Executive's ’s duties hereunder or any act or omission which is materially injurious to the financial condition or business reputation of the Company or any of its subsidiaries or affiliates or (v) Executive's ’s breach of the provisions of Section 8 of this Agreement.
Appears in 1 contract
Samples: Employment Agreement (Proxim Corp)
By the Company for Cause; By the Executive Without Good Reason. (i) The Executive's employment hereunder may be terminated by the Company for Cause (as defined below) at any time or by Executive without Good Reason (as defined below) after 30 90 days prior written notice (unless the Company waives such notice requirement).
(ii) For purposes of this Agreement, "Cause" shall mean (i) Executive's continued failure substantially to perform Executive's duties hereunder (other than as a result of total or partial incapacity due to physical or mental illness) for a period of 10 days following notice by the Company to the Executive of such failure, (ii) dishonesty in the performance of Executive's duties hereunder, (iii) an act or acts on Executive's part constituting (x) a felony under the laws of the United States or any state thereof or (y) a misdemeanor involving moral turpitude, (iv) Executive's willful malfeasance or willful misconduct in connection with Executive's duties hereunder or any act or omission which is materially injurious to the financial condition or business reputation of the Company or any of its subsidiaries or affiliates or (v) Executive's breach of the provisions of Section 8 10 of this Agreement.
Appears in 1 contract
Samples: Employment Agreement (Proxim Corp)