By the Corporation for Cause. This Agreement and Employee’s employment with the Corporation may be terminated for Cause at any time. For purposes of this Agreement, “Cause” shall mean only the following: (i) a conviction of or a plea of guilty or nolo contendre by Employee to a felony or an act of fraud, embezzlement or theft or other criminal conduct against the Corporation; (ii) habitual neglect of Employee’s material duties or failure by Employee to perform or observe any substantial lawful obligation of such employment that is not remedied within 30 days after written notice thereof from the Corporation, the Executive Chairman or the Board; or (iii) any material breach by the Employee of this Agreement. Should Employee dispute whether he was terminated for Cause, then the Corporation and the Employee shall enter immediately into binding arbitration pursuant to Section 26.
Appears in 4 contracts
Samples: Employment Agreement (Digital Generation, Inc.), Employment Agreement (Digital Generation, Inc.), Employment Agreement (Digital Generation, Inc.)
