Common use of Definition of Termination for Cause Clause in Contracts

Definition of Termination for Cause. For the purposes of this Agreement, a termination of Executive's employment for "Cause" means a termination of Executive's employment by the Company based upon a determination that any one or more of the following has occurred: (A) misfeasance or nonfeasance of duty by Executive that which was intended to or does injure the reputation of Company or its business or relationships; (B) conviction of, or plea of guilty or nolo contendere by Executive to, any felony or crime involving moral turpitude; (C) Executive's willful and continued failure to substantially perform his duties under this Agreement (except by reason of physical or mental incapacity) after written notice from the Board and 15 days to cure such failure; (D) dishonesty by Executive in performance of his duties under this Agreement; or (E) willful and material breach of the restrictive covenants contained in this Agreement; provided however, that definitions (C) through (E) shall not provide Cause for termination if such termination occurs within two (2) years following a Change in Control. A termination of Executive's employment by the Company for any other reason will be a termination without "Cause."

Appears in 3 contracts

Samples: Employment Agreement (Stillwater Mining Co /De/), Employment Agreement (Stillwater Mining Co /De/), Employment Agreement (Stillwater Mining Co /De/)

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Definition of Termination for Cause. For the purposes of this Agreement, a termination of Executive's employment for "Cause" means a termination of Executive's employment by the Company based upon a determination that any one or more of the following has occurred: (A) misfeasance or nonfeasance of duty by Executive that which was intended to or does injure the reputation of Company or its business or relationships; (B) conviction of, or plea of guilty or nolo contendere contend ere by Executive to, any felony or crime involving moral turpitude; (C) Executive's willful and continued failure to substantially perform his duties under this Agreement (except by reason of physical or mental incapacity) after written notice from the Board and 15 days to cure such failure; (D) dishonesty by Executive in performance of his duties under this Agreement; or (E) willful and material breach of the restrictive covenants contained in this Agreement; provided however, that definitions (C) through (E) shall not provide Cause for termination if such termination occurs within two (2) years following a Change in Control. A termination of Executive's employment by the Company for any other reason will be a termination without "Cause."

Appears in 1 contract

Samples: Employment Agreement (Stillwater Mining Co /De/)

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Definition of Termination for Cause. For the purposes of this Agreement, a termination of Executive's ’s employment for "Cause" means a termination of Executive's ’s employment by the Company based upon a determination that any one or more of the following has occurred: (A) misfeasance or nonfeasance of duty by Executive that which was intended to or does injure the reputation of Company or its business or relationships; (B) conviction of, or plea of guilty or nolo contendere by Executive to, any felony or crime involving moral turpitude; (C) Executive's ’s willful and continued failure to substantially perform his duties under this Agreement (except by reason of physical or mental incapacity) after written notice from the Board and 15 days to cure such failure; (D) dishonesty by Executive in performance of his duties under this Agreement; or (E) willful and material breach of the restrictive covenants contained in this Agreement; provided however, that definitions (C) through (E) shall not provide Cause for termination if such termination occurs within two (2) years following a Change in Control. A termination of Executive's ’s employment by the Company for any other reason will be a termination without "Cause."

Appears in 1 contract

Samples: Employment Agreement (Stillwater Mining Co /De/)

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