Company’s Right to Terminate Employee’s Employment for Cause. The Company shall have the right to terminate Employee’s employment hereunder at any time for “Cause.” For purposes of this Agreement, “Cause” shall mean:
Company’s Right to Terminate Employee’s Employment for Cause. The Company shall have the right to terminate Employee’s employment hereunder at any time for Cause. For purposes of this Agreement, “Cause” shall mean: (i) Employee’s material breach of this Agreement or any other written agreement between Employee and one or more members of the Company Group, including Employee’s material breach of any representation, warranty or covenant made under any such agreement; (ii) Employee’s material breach of any policy or code of conduct established by a member of the Company Group and applicable to Employee; (iii) Employee’s material violation of any law applicable to the workplace (including any law regarding anti-harassment, anti-discrimination or anti- retaliation); (iv) Employee’s gross negligence, willful misconduct, breach of fiduciary duty, fraud, theft, malfeasance, dishonesty, embezzlement or misappropriation of the property of any member of the Company Group; (v) the commission by Employee of, or conviction or indictment of Employee for, or plea of nolo contendere by Employee to, any felony (or state law equivalent) or any crime involving moral turpitude; or (vi) Employee’s willful failure or refusal, other than due to Disability (as defined below), to perform Employee’s obligations pursuant to this Agreement or to follow any lawful directive from the Company, as determined by the Company; provided, however, that if Employee’s actions or omissions as set forth in this Section 7(a)(vi) are of such a nature that they are curable by Employee, such actions or omissions 4
Company’s Right to Terminate Employee’s Employment for Cause. The Company shall have the right to terminate the Employee's employment hereunder at any time for "Cause." Upon termination for “Cause”, the Company shall pay or provide to the Employee (a) salary earned through the date of termination but as yet unpaid, (b) earned and accrued but unpaid vacation benefits, (c) incurred but unreimbursed business related expenses, payable upon provision of proper documentation, (d) vested benefits under the Company’s employee benefit plans and programs, and (e) the right to exercise and/or receive payment under vested and outstanding long-term incentive awards, pursuant to the terms and provisions thereof (all such payments and obligations in the preceding sentence being the “Accrued Obligations”). For purposes of this Agreement, "Cause" shall mean (i) conviction of a felony or a crime involving fraud or moral turpitude; or (ii) theft, material act of dishonesty or fraud, intentional falsification of any employment or records of the Company and its respective parents, subsidiaries and related entities (the “Company Group”), or commission of any criminal act which impairs the Employee’s ability to perform appropriate employment duties for the Company; or (iii) intentional or reckless conduct or gross negligence materially harmful to the Company Group or any successor, including violation of a non-competition or confidentiality agreement; or (iv) willful failure to follow Company policies or lawful instructions of the person or body to which the Employee reports; or (v) gross negligence or willful misconduct in the performance of the Employee’s assigned duties. Cause shall not include mere unsatisfactory performance in the achievement of the Employee’s job objectives.
