By the Company with Cause. During the Term, the Company shall be entitled to terminate the Executive’s employment with “Cause” (as defined below) by providing written notice to the Executive of such decision. No advance notice period is required for a termination by the Company with Cause. The Company reserves the right to withdraw any and all duties and responsibilities from the Executive, and to exclude the Executive from the Company’s premises, upon delivery of such notice of termination. For purposes of this Agreement, “Cause” shall mean any of the following: (i) the commission by the Executive of an act of malfeasance, dishonesty, fraud or breach of trust against the Company or any of its Executives, clients or suppliers; (ii) the breach by the Executive of any of his obligations under this Agreement, or any other agreement between the Executive and the Company; (iii) the Executive’s failure to comply with the Company’s written policies; (iv) the Executive’s failure, neglect or refusal to perform his duties under this Agreement, or to follow the lawful written directions of the Board; (v) the Executive’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 Executive 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 Executives, clients or suppliers; or (vii) the inability of the Executive, as a result of repeated alcohol or drug use, to perform the duties and/or responsibilities of his position.
By the Company with Cause. The Company may terminate this Agreement, and Employee's employment hereunder, for Cause immediately upon written notice to Employee. In these circumstances, the Employee (or her estate) will be entitled to receive as full and sole compensation in discharge of the Company's obligations to the Employee under this Agreement, the Accrued Obligations together with any rights under the Company's employee benefit plans, including equity or equity-based compensation plans, which will be governed solely by the terms of such plans.
By the Company with Cause. The Company may terminate, without ------------------------- liability, the Employment Term with Cause (as defined below) solely pursuant to this Section 4.3. In the event the Company intends to terminate Executive with ----------- Cause, the Company shall give Executive notice thereof, such notice to state in reasonable detail the particular act(s) or failure(s) that constitute the grounds on which the proposed termination with Cause is based. Executive shall have ten (10) days after the date that such notice has been given to Executive to cure such act(s) or failure(s), to the extent such act(s) or failure(s) are capable of being cured. If Executive fails to cure such act(s) or failure(s), or such cure is not possible, the Company may thereupon terminate Executive's employment with Cause immediately upon notice to Executive. In such event, the Company shall (i) pay Executive the compensation to which Executive is entitled pursuant to Section 3.1(a) (including any accrued vacation); and (ii) reimburse -------------- Executive for any expenses properly incurred by Executive pursuant to Section ------- 3.3, in each case through the end of the day on which the Company terminates --- Executive. Termination shall be "with Cause" if:
(a) in the reasonable opinion of the Board, Executive refuses or fails to act in accordance with any lawful direction or order of the Board;
(b) Executive exhibits, in the reasonable opinion of the Board, unfitness or unavailability for service (other than disability, as provided for in Section 4.2), unsatisfactory performance, misconduct, dishonesty, habitual ----------- neglect, or incompetence in the management of the affairs of the Company or any Affiliated Company;
(c) Executive is convicted of a felony crime or a crime involving moral turpitude; or
(d) Executive materially breaches any term of this Agreement.
By the Company with Cause. Subject to the limitations of Section 1.6 regarding notice and cure, the Company may terminate the Executive’s employment immediately during the Employment Period for Cause by providing a Notice of Termination.
By the Company with Cause. The Board may, in its reasonable discretion and judgment and upon written notice effective immediately, terminate Executive's employment under this Agreement at any time for "Cause." Cause shall mean:
By the Company with Cause. The Company may at anytime terminate this Agreement for cause on immediate written notice and without payment or compensation whatsoever.
By the Company with Cause. This Agreement may be terminated by the Company at any time for Cause (as defined below) without further obligation hereunder. For purposes of this Agreement, “Cause” shall include, but shall not be limited to, Employee’s: (a) violation of or a failure to observe any material rules, policies, procedures, or practices of the Company; (b) breach of any material term or condition of this Agreement; (c) gross misconduct; (d) dishonesty or theft; (e) gross insubordination; (f) willful, habitual, or substantial neglect of Employee’s duties; (g) excessive absenteeism or tardiness; (h) use or possession of illegal drugs during working hours; (i) arrest for, charged with, indictment for, plea of guilty or nolo contendere to, or conviction of, a felony or of a crime involving moral turpitude regardless of the result of any subsequent trial, appeal, hearing, proceeding or sentencing; (j) conduct that brings Employee or the Company into public disrepute, contempt, scandal or ridicule; (k) conduct that might tend to insult or offend the community or any organized group thereof, or which shall tend to reflect unfavorably upon the Company, or injure Company’s potential to realize successfully on Employee’s services hereunder; and (l) Incapacity (as defined below) for ninety (90) days or more during any 52-week period. The term “Incapacity” shall mean any physical or mental impairment(s) that renders Employee unable to perform the essential functions of Employee’s position (with any reasonable accommodation that Employer and Employee may agree to). Notwithstanding the foregoing, if the company determines an event or conduct related to this Section 7(b) is capable of being cured, Company shall provide written notice of the event or conduct to Employee within sixty (60) days of the Company having actual knowledge of such event or conduct, and such termination for Cause shall only occur following Employee’s failure to cure the same within thirty (30) days of such notice.
By the Company with Cause. If the Company terminates an Executive ------------------------- during the Engagement Period for Cause, the Company shall pay the Provider the then current monthly Base Fee of the individual (the annual Base Fee divided by twelve) through the calendar month following the Date of Termination and all other unpaid amounts, if any, to which the Provider is entitled as of the Date of Termination, such as expenses (Section 6) and the costs of benefits (Section 5.3). The payments contemplated by this Section 8.3 shall be paid at the time such payments are due. If the termination is within the three years of the Engagement Period, the terminated Person receiving Provider Shares shall be obligated to repay that portion of the Provider Stock then applicable under Section 5.5.1.
By the Company with Cause. If Employee is terminated with cause, Employee’s employment, compensation, and benefits will terminate immediately (unless otherwise provided by law), and Employee shall not receive any severance payments.
By the Company with Cause. The Company may terminate this Agreement, and Employee's employment hereunder, for Cause immediately upon written notice to Employee. In these circumstances, the Employee will be entitled to receive as full and sole compensation in discharge of the Company's obligations to the Employee under statue, this Agreement and common law, the Accrued Obligations together with any rights under the Company's employee benefit plans, including equity or equity-based compensation plans, which will be governed solely by the terms of such plans and, if and only to the extent applicable, any other minimum standards payments and benefits to which the Employee may be entitled under applicable employment standards legislation.
