Common use of By the Employer for Cause Clause in Contracts

By the Employer for Cause. The Employer may terminate the Executive's employment hereunder for Cause. For purposes of this Agreement, the Employer shall have “Cause” to terminate the Executive's employment hereunder upon the following: (i) the continued and material failure by the Executive to substantially perform his duties hereunder, including, but not limited to, failure to perform the duties described in the job description attached as Exhibit A (other than any such failure resulting from the Executive’s incapacity due to physical or mental illness); (ii) the gross misconduct by the Executive which is materially injurious to the Employer, monetarily or otherwise; (iii) knowing and intentional breach of any material provision of the non-competition covenants set forth in Sections 4.1, 4.2, and 4.3 of this Agreement; or (iv) indictment of a felony involving moral turptitude or relating to the Company’s assets, activities or operations; or (v) commission of an act of fraud, embezzlement or any other illegal or criminal conduct in the course of Executive’s employment with the Company, or related to the Company’s assets, activities, or operations; provided, however, that if such violation is susceptible to cure, clauses (i) and (ii) shall not constitute Cause unless (x) the Company first provides 10 days’ prior written notice to Executive of such violations, specifying in reasonable detail the basis therefore and stating that it constitute grounds for termination for Cause under this Agreement, and (y) Executive then fails to cure the actions or omissions that constitute the violation within 10 business days following receipt of such notice; provided further, that (i) above shall not be interpreted to apply where the Company fails in the ordinary course of its business or operations to achieve its anticipated operating plan or business performance goals, or where Executive fails to achieve any performance goals, milestones, or bonus goals established pursuant to this Agreement or in the course of Executive’s employment during the term of this Agreement.

By the Employer for Cause. The Employer may terminate the Executive's employment hereunder for Cause. For purposes of this Agreement, the Employer shall have “Cause” to terminate the Executive's employment hereunder upon the following: (i) the continued and material failure by the Executive to substantially perform his duties hereunder, including, but not limited to, failure to perform the duties described in the job description attached as Exhibit A (other than any such failure resulting from the Executive’s incapacity due to physical or mental illness); (ii) the gross misconduct by the Executive which is materially injurious to the Employer, monetarily or otherwise; (iii) knowing and intentional breach of any material provision of the non-competition covenants set forth in Sections 4.1, 4.2, and 4.3 of this Agreement; or (iv) indictment of a felony involving moral turptitude or relating to the Company’s assets, activities or operations; or (v) commission of an act of fraud, embezzlement or any other illegal or criminal conduct in the course of Executive’s employment with the Company, or related to the Company’s assets, activities, or operations; provided, however, that if such violation is susceptible to cure, clauses (i) and (ii) shall not constitute Cause unless (x) the Company first provides 10 days’ prior written notice to Executive of such violations, specifying in reasonable detail the basis therefore and stating that it constitute grounds for termination for Cause under this Agreement, and (y) Executive then fails to cure the actions or omissions that constitute the violation within 10 business days following receipt of such notice; provided further, that (i) above shall not be interpreted to apply where the Company fails in the ordinary course of its business or operations to achieve its anticipated operating plan or business performance goals, or where Executive fails to achieve any performance goals, milestones, or bonus goals established pursuant to this Agreement or in the course of Executive’s employment during the term of this Agreement.

By the Employer for Cause. The Employer may terminate the Executive's ’s employment hereunder for Cause. For purposes of this Agreement, the Employer shall have “Cause” to terminate the Executive's ’s employment hereunder upon the following: (i) the continued and material failure by the Executive to substantially perform his duties hereunder, including, but not limited to, failure to perform the duties described in the job description attached as Exhibit A (other than any such failure resulting from the Executive’s incapacity due to physical or mental illness); (ii) the gross misconduct by the Executive which is materially injurious to the Employer, monetarily or otherwise; (iii) knowing and intentional breach of any material provision of the non-competition covenants set forth in Sections 4.1, 4.2, and 4.3 of this Agreement; or (iv) indictment of a felony involving moral turptitude or relating to the Company’s assets, activities or operations; or (v) commission of an act of fraud, embezzlement or any other illegal or criminal conduct in the course of Executive’s employment with the Company, or related to the Company’s assets, activities, or operations; provided, however, that if such violation is susceptible to cure, clauses (i) and (ii) shall not constitute Cause unless (x) the Company first provides 10 days’ prior written notice to Executive of such violations, specifying in reasonable detail the basis therefore and stating that it constitute grounds for termination for Cause under this Agreement, and (y) Executive then fails to cure the actions or omissions that constitute the violation within 10 business days following receipt of such notice; provided further, that (i) above shall not be interpreted to apply where the Company fails in the ordinary course of its business or operations to achieve its anticipated operating plan or business performance goals, or where Executive fails to achieve any performance goals, milestones, or bonus goals established pursuant to this Agreement or in the course of Executive’s employment during the term of this Agreement.

By the Employer for Cause. The Employer may terminate the Executive's employment hereunder for Cause. For purposes of this Agreement, the Employer shall have “Cause” to terminate the Executive's employment hereunder upon the following: (i) the continued and material failure by the Executive to substantially perform his duties hereunder, including, but not limited to, failure to perform the his duties described in the job description attached as Exhibit A (other than any such failure resulting from the Executive’s incapacity due to physical or mental illness); (ii) the gross misconduct by the Executive which is materially injurious to the Employer, monetarily or otherwise; (iii) knowing and intentional breach of any material provision of the non-competition covenants set forth in Sections 4.1, 4.2, and 4.3 of this Agreement; or (iv) indictment of a felony involving moral turptitude or relating to the Company’s assets, activities or operations; or (v) commission of an act of fraud, embezzlement or any other illegal or criminal conduct in the course of Executive’s employment with the Company, or related to the Company’s assets, activities, or operations; provided, however, that if such violation is susceptible to cure, clauses (i) and (ii) shall not constitute Cause unless (x) the Company first provides 10 days’ prior written notice to Executive of such violations, specifying in reasonable detail the basis therefore and stating that it constitute grounds for termination for Cause under this Agreement, and (y) Executive then fails to cure the actions or omissions that constitute the violation within 10 business days following receipt of such notice; provided further, that (i) above shall not be interpreted to apply where the Company fails in the ordinary course of its business or operations to achieve its anticipated operating plan or business performance goals, or where Executive fails to achieve any performance goals, milestones, or bonus goals established pursuant to this Agreement or in the course of Executive’s employment during the term of this Agreement.

By the Employer for Cause. The Employer may terminate the Executive's ’s employment hereunder for Cause. For purposes of this Agreement, the Employer shall have “Cause” to terminate the Executive's ’s employment hereunder upon the following: (i) the continued and material failure by the Executive to substantially perform his duties hereunder, including, but not limited to, failure to perform the duties described in the job description attached as Exhibit A (other than any such failure resulting from the Executive’s incapacity due to physical or mental illness); (ii) the gross misconduct by the Executive which is materially injurious to the Employer, monetarily or otherwise; (iii) knowing and intentional breach of any material provision of the non-competition covenants set forth in Sections 4.1, 4.2, and 4.3 of this Agreement; or (iv) indictment of a felony involving moral turptitude or relating to the Company’s assets, activities or operations; or (v) commission of an act of fraud, embezzlement or any other illegal or criminal conduct in the course of Executive’s employment with the Company, or related to the Company’s assets, activities, or operations; provided, however, that if such violation is susceptible to cure, clauses (i) and (ii) shall not constitute Cause unless (x) the Company first provides 10 days’ prior written notice to Executive of such violations, specifying in reasonable detail the basis therefore and stating that it constitute grounds for termination for Cause under this Agreement, and (y) Executive then fails to cure the actions or omissions that constitute the violation within 10 business days following receipt of such notice; provided further, that (i) above shall not be interpreted to apply where the Company fails in the ordinary course of its business or operations to achieve its anticipated operating plan or business performance goals, or where Executive fails to achieve any performance goals, milestones, or bonus goals established pursuant to this Agreement or in the course of Executive’s employment during the term of this Agreement.