Common use of Discharge for Cause Clause in Contracts

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for “cause” (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. “Cause” shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Cause” if the Company determines, within 30 days after the Participant’s resignation, that discharge for cause was warranted.

Appears in 115 contracts

Samples: Incentive Stock Option Agreement (TransMedics Group, Inc.), Incentive Stock Option Agreement (Casa Systems Inc), Nonstatutory Stock Option Agreement (Casa Systems Inc)

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Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. "Cause" shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for "Cause" if the Company determines, within 30 days after the Participant’s 's resignation, that discharge for cause was warranted.

Appears in 65 contracts

Samples: Agreement (First Marblehead Corp), Incentive Stock Option Agreement (Starent Networks, Corp.), Nonstatutory Stock Option Agreement (Mapinfo Corp)

Discharge for Cause. If the Participant, prior to the Final Exercise ------------------- Date, is discharged by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. "Cause" shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for "Cause" if the Company determines, within 30 days after the Participant’s 's resignation, that discharge for cause was warranted.

Appears in 8 contracts

Samples: Stock Option Agreement (Network Engines Inc), Incentive Stock Option Agreement (Synapse Group Inc), Stock Option Agreement (Synapse Group Inc)

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for “cause” (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. “Cause” shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to in the best interests of the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Causecause” if the Company determines, within 30 days after the Participant’s resignation, that discharge for cause was warranted.

Appears in 7 contracts

Samples: Incentive Stock Option Agreement (Entrust Inc), Incentive Stock Option Agreement (Entrust Inc), Non Statutory Stock Option Agreement (Entrust Inc)

Discharge for Cause. If the Participant, prior to the Final Exercise Grant Expiration Date, is discharged by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. "Cause" shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for "Cause" if the Company determines, within 30 days after the Participant’s 's resignation, that discharge for cause was warranted.

Appears in 6 contracts

Samples: Sepracor Inc /De/, Sepracor Inc /De/, Sepracor Inc /De/

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. "Cause" shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Cause” "cause" if the Company determines, within 30 days after prior to or simultaneously with the Participant’s 's resignation, that discharge for cause was warranted.

Appears in 5 contracts

Samples: Incentive Stock Option Agreement (Akamai Technologies Inc), Incentive Stock Option Agreement (Akamai Technologies Inc), Incentive Stock Option Agreement (Akamai Technologies Inc)

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for “cause” (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. “Cause” shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Causecause” if the Company determines, within 30 days after prior to or simultaneously with the Participant’s resignation, that discharge for cause was warranted.

Appears in 4 contracts

Samples: Non Qualified Stock Option Agreement (Akamai Technologies Inc), Incentive Stock Option Agreement (Akamai Technologies Inc), Non Qualified Stock Option Agreement (Akamai Technologies Inc)

Discharge for Cause. If the Participant, prior to the Final Exercise Date, Participant is discharged by the Company for “cause” (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. “Cause” shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Cause” if the Company determines, within 30 days after the Participant’s resignation, that discharge for cause was warranted.

Appears in 4 contracts

Samples: Qualified Stock Option Agreement (Parexel International Corp), Qualified Stock Option Agreement (Parexel International Corp), Qualified Stock Option Agreement (Parexel International Corp)

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for "cause" (as defined below), the right to exercise this option Option shall terminate immediately upon the effective date of such discharge. "Cause" shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for "Cause" if the Company determines, within 30 days after the Participant’s 's resignation, that discharge for cause was warranted.

Appears in 4 contracts

Samples: Idenix Pharmaceuticals Inc, Idenix Pharmaceuticals Inc, Idenix Pharmaceuticals Inc

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for “causeCause” (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. “Cause” shall mean a felony conviction of a Participant or the failure of a Participant to contest prosecution for a felony, or a Participant’s willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities dishonesty, any of which is directly harmful to the Company (including, without limitation, breach by the Participant business or reputation of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Cause” if the Company determines, within 30 days after the Participant’s resignation, that discharge for cause Cause was warranted.

Appears in 3 contracts

Samples: Agreement (BJS Wholesale Club Inc), BJS Wholesale Club Inc, BJS Wholesale Club Inc

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for “cause” (as defined below), the right to exercise this option Option shall terminate immediately upon the effective date of such discharge. “Cause” shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Cause” if the Company determines, within 30 days after the Participant’s resignation, that discharge for cause was warranted.

Appears in 3 contracts

Samples: www.sec.gov, Incentive Stock Option Agreement (Boston Life Sciences Inc /De), Incentive Stock Option Agreement (Boston Life Sciences Inc /De)

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for “cause” "Cause" (as defined below), the right to exercise this option Option shall terminate immediately upon the effective date notice of such discharge. "Cause" shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for "Cause" if the Company determines, within 30 days after the Participant’s 's resignation, that discharge for cause Cause was warranted.

Appears in 3 contracts

Samples: Option Agreement (Predix Pharmaceuticals Holdings Inc), Nonstatutory Stock Option Agreement (Predix Pharmaceuticals Holdings Inc), Option Agreement (Predix Pharmaceuticals Holdings Inc)

Discharge for Cause. If the Participant, prior to the Final Exercise Expiration Date, is discharged by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. "Cause" shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company in the best interests of the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for "Cause" if the Company determines, within 30 days after the Participant’s 's resignation, that discharge for cause was warranted.

Appears in 3 contracts

Samples: Keane Inc, Keane Inc, Keane Inc

Discharge for Cause. If the ParticipantEmployee, prior to the Final Exercise Date, is discharged by the Company for “cause” (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. “Cause” shall mean willful misconduct by the Participant Employee or willful failure by the Participant Employee to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant Employee of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant Employee and the Company), as determined by the Company, which determination shall be conclusive. The Participant Employee shall be considered to have been discharged for “Causecause” if the Company determines, within 30 days after prior to or simultaneously with the ParticipantEmployee’s resignation, that discharge for cause was warranted.

Appears in 3 contracts

Samples: Incentive Stock Option Agreement (Market Central Inc), Stock Option Agreement (Market Central Inc), Stock Option Agreement (Market Central Inc)

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for “causeCause” (as defined below), the right to exercise this option Option shall terminate immediately upon the effective date of such discharge. “Cause” shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Cause” if the Company determines, within 30 days after the Participant’s resignation, that discharge for cause was warranted.

Appears in 3 contracts

Samples: Nonstatutory Stock Option Agreement (Cambridge Heart Inc), Stock Option Agreement (Cambridge Heart Inc), Cambridge Heart Inc

Discharge for Cause. If the Participant, prior to the Final Exercise Expiration Date, is discharged by the Company for “cause” (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. “Cause” shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company in the best interests of the Company (including, without limitationbut not limited to, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Cause” if the Company determines, within 30 days after the Participant’s resignation, that discharge for cause was warranted.

Appears in 3 contracts

Samples: Employment Agreement (Keane Inc), Incentive Stock Option Agreement (Keane Inc), Incentive Stock Option Agreement (Keane Inc)

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for “cause” (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. “Cause” shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Cause” if the Company determines, within 30 days after the Participant’s resignation, that discharge for cause was warranted.

Appears in 2 contracts

Samples: Incentive Stock Option Agreement (Somerset Hills Bancorp), Nonstatutory Stock Option Agreement (Somerset Hills Bancorp)

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for “cause” (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. “Cause” shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of Section 4 hereof, or of any provision of any employment, consulting, advisory, nondisclosure, non-competition consulting or other similar agreement between the Participant and the Companyagreement), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Cause” if the Company determines, within 30 days after the Participant’s resignation, that discharge for cause was warranted.

Appears in 2 contracts

Samples: Casella Waste Systems Inc, Incentive Stock (Casella Waste Systems Inc)

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. "Cause" shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Cause” if the Company determines, within 30 days after the Participant’s resignation, that discharge for cause was warranted.be

Appears in 2 contracts

Samples: Incentive Stock Option Agreement (Nestor Inc), Incentive Stock Option Agreement (Nestor Inc)

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for “cause” (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. “Cause” shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Causecause” if the Company determines, within 30 days after prior to or simultaneously with the Participant’s resignation, that discharge for cause was warranted.. ISO – NQ AGREEMENT

Appears in 2 contracts

Samples: Incentive Stock Option Agreement, Incentive Stock Option Agreement (Akamai Technologies Inc)

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for “cause” (as defined below), the right to exercise this option Award shall terminate immediately upon the effective date of such discharge. “Cause” shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Cause” if the Company determines, within 30 days after the Participant’s resignation, that discharge for cause was warranted.

Appears in 2 contracts

Samples: Stock Appreciation Right Agreement (Environmental Power Corp), Stock Appreciation Right Agreement (Environmental Power Corp)

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. "Cause" shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, including breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for "Cause" if the Company determines, within 30 days after the Participant’s 's resignation, that discharge for cause was warranted.

Appears in 2 contracts

Samples: Nonstatutory Stock Option Agreement (Unica Corp), Incentive Stock Option Agreement (Unica Corp)

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for “cause” (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. “Cause” shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Cause” if the Company determines, within 30 days after the final day of the Participant’s resignationemployment with the Company, that discharge for cause was warranted.

Appears in 2 contracts

Samples: Agreement (Penwest Pharmaceuticals Co), Agreement (Penwest Pharmaceuticals Co)

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for “cause” "Cause" (as defined belowin the following sentence), the right to exercise this option shall terminate immediately upon the effective date of such discharge. For purposes of this Section 3(f), "Cause" shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for "Cause" if the Company determines, within 30 days after the Participant’s 's resignation, that discharge for cause was warranted.

Appears in 1 contract

Samples: Agreement (First Marblehead Corp)

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for “cause” (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. “Cause” shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Causecause” if the Company determines, within 30 days after the Participant’s resignation, that discharge for cause was warranted.

Appears in 1 contract

Samples: Agreement (Zeltiq Aesthetics Inc)

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for “cause” (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. “Cause” shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, including breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Causecause” if the Company determines, within 30 days after the Participant’s resignation, that discharge for cause was warranted.

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (Centene Corp)

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. "Cause", for purposes of this Section, shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for "Cause" if the Company determines, within 30 days after the Participant’s 's resignation, that discharge for cause was warranted.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Baycorp Holdings LTD)

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for “cause” (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. “Cause” shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, including breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Causecause” if the Company determines, within 30 days after the Participant’s resignation, that discharge for cause was warranted.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Centene Corp)

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for “cause” (as defined below), the right to exercise this option stock appreciation right shall terminate immediately upon the effective date of such discharge. “Cause” shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Causecause” if the Company determines, within 30 days after the Participant’s resignation, that discharge for cause was warranted.

Appears in 1 contract

Samples: Stock Appreciation Right Agreement (Lifeline Systems, Inc.)

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for “causeCause” (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. “Cause” shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Cause” if the Company determines, within 30 days after the Participant’s resignation, that discharge for cause Cause was warranted.

Appears in 1 contract

Samples: Ameresco, Inc.

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for “cause” (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. “Cause” shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Causecause” if the Company determines, within 30 days after the Participant’s resignation, that discharge for cause was warranted. The Board’s determination of the reason for termination of the Participant’s employment shall be conclusive and binding on the Participant and his or her representatives or legatees.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Arbinet Thexchange Inc)

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged or removed by the Company for “cause” (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such dischargedischarge or removal. “Cause” shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-non- competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged or removed for “Cause” if the Company determines, within 30 days after the final day of the Participant’s resignationrelationship with the Company, that discharge or removal for cause was warranted.

Appears in 1 contract

Samples: Agreement (Penwest Pharmaceuticals Co)

Discharge for Cause. If the Participant, prior to the Final Exercise Date, ------------------- is discharged by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. "Cause" shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for "Cause" if the Company determines, within 30 days after the Participant’s 's resignation, that discharge for cause was warranted.

Appears in 1 contract

Samples: Divine Inc

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Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for “cause” (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. “Cause” shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Causecause” if the Company determines, within 30 days after prior to or simultaneously with the Participant’s resignation, that discharge for cause was warranted. 4.

Appears in 1 contract

Samples: Incentive Stock Option Agreement

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for “cause” (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. “Cause” shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Causecause” if the Company determines, within 30 days after the Participant’s resignation, that discharge for cause was warranted.

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (Cambridge Heart Inc)

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. “Cause” "CAUSE" shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Cause” Cause if the Company determines, within 30 days after the Participant’s 's resignation, that discharge for cause was warranted.

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (Art Technology Group Inc)

Discharge for Cause. If the Participant, prior to the Final Exercise Grant Expiration Date, is discharged by the Company for “cause” (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. “Cause” shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Cause” if the Company determines, within 30 days after the Participant’s resignation, that discharge for cause was warranted.

Appears in 1 contract

Samples: Sepracor Inc /De/

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for “causeCause” (as defined below), the right to exercise this option Option shall terminate immediately upon the effective date of such discharge. “Cause” shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Cause” if the Company determines, within 30 days after the Participant’s resignation, that discharge for cause Cause was warranted.

Appears in 1 contract

Samples: Stock Option Agreement (Cambridge Heart Inc)

Discharge for Cause. If Notwithstanding anything to the contrary contained herein, if the Participant, prior to the Final Exercise Date, is discharged by the Company for “causeCause” (as defined below), the right to exercise this option SAR shall terminate immediately upon the effective date of such discharge. “Cause” shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Cause” if the Company determines, within 30 days after the Participant’s resignation, that discharge for cause Cause was warranted.

Appears in 1 contract

Samples: Stock Appreciation Rights Agreement (Casa Systems Inc)

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for "cause" (as defined below), the right to exercise this option Option shall terminate immediately upon the effective date of such discharge. "Cause" shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of Section 6 or Section 7 of this agreement or any provision of any employment, consulting, advisory, nondisclosurenon- disclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for "Cause" if the Company determines, within 30 days after the Participant’s 's resignation, that discharge for cause was warranted.

Appears in 1 contract

Samples: Stock Option Agreement (Edison Schools Inc)

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. "Cause" shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for "Cause" if the Company determines, within 30 days after the Participant’s 's resignation, that discharge for cause was warranted.

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (MKS Instruments Inc)

Discharge for Cause. If the Participant, prior to the Final Exercise ------------------- Date, is discharged by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. "Cause" shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to in the best interests of the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-non- competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Cause” "cause" if the Company determines, within 30 days after the Participant’s 's resignation, that discharge for cause was warranted.

Appears in 1 contract

Samples: Entrust Inc

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for "cause" (as defined below), the any right to exercise this option and the option itself shall terminate immediately upon the effective date of such discharge. “Cause” "CAUSE" shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, any material breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for "Cause" if the Company determines, within 30 days after the Participant’s 's resignation, that discharge for cause was warranted.

Appears in 1 contract

Samples: BioVex Group, Inc.

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. "Cause" shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her its responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for "Cause" if the Company determines, within 30 days after the Participant’s 's resignation, that discharge for cause was warranted.

Appears in 1 contract

Samples: Akamai Technologies Inc

Discharge for Cause. If the Participant, prior to the Final Exercise ------------------- Date, is discharged by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. "Cause" shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, nonsolicitation, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for "Cause" if the Company determines, within 30 days after the Participant’s 's resignation, that discharge for cause was warranted.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Network Engines Inc)

Discharge for Cause. If the ParticipantEmployee, prior to the Final Exercise Date, is discharged by the Company for “cause” (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. “Cause” shall mean willful misconduct by the Participant Employee or willful failure by the Participant Employee to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant Employee of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant Employee and the Company), as determined by the Company, which determination shall be conclusive. The Participant Employee shall be considered to have been discharged for “Cause” if the Company determines, within 30 days after the Participantfinal day of the Employee’s resignationemployment with the Company, that discharge for cause was warranted.

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (Penwest Pharmaceuticals Co)

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for “cause” (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. “Cause” shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, including breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Cause” if the Company determines, within 30 days after the Participant’s resignation, that discharge for cause was warranted.

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (Unica Corp)

Discharge for Cause. If the Participant, prior to the Final Exercise Date, Participant is discharged by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. "Cause" shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for "Cause" if the Company determines, within 30 days after the Participant’s 's resignation, that discharge for cause was warranted.

Appears in 1 contract

Samples: Parexel International Corp

Discharge for Cause. If the Participant, prior to the Final Exercise Date, ------------------- is discharged by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. "Cause" shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant participant shall be considered to have been discharged for "Cause" if the Company determines, within 30 days after the Participant’s 's resignation, that discharge for cause "Cause" was warranted.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Legato Systems Inc)

Discharge for Cause. If the Participant, prior to the Final Exercise Date, Participant is discharged by the Company for “cause” (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. “Cause” shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Cause” if the Company determines, within 30 days after the Participant’s 's resignation, that discharge for cause was warranted.

Appears in 1 contract

Samples: Qualified Stock Option Agreement (Parexel International Corp)

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for "cause" (as defined below), the right to exercise this option Option shall terminate immediately upon the effective date of such discharge. "Cause" shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Cause” Cause if the Company determines, within 30 days after the Participant’s 's resignation, that discharge for cause was warranted.

Appears in 1 contract

Samples: Letter Agreement (Edison Schools Inc)

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for “causeCause” (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. For purposes of this Section 3(f), “Cause” shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Cause” if the Company determines, within 30 days after the Participant’s resignation, that discharge for cause was warranted.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (First Marblehead Corp)

Discharge for Cause. If the Participant, Participant prior to the Final Exercise Date, is discharged by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. "Cause" shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, including without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Cause” "cause" if the Company determines, within 30 days after the Participant’s 's resignation, that discharge for cause was warranted.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Cisco Systems Inc)

Discharge for Cause. If the Participant, prior to the Final Exercise Date, is discharged by the Company for “cause” (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. “Cause” shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, including breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Causecause” if the Company determines, within 30 days after the Participant’s resignation, that discharge for cause was warranted.

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (Centene Corp)

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