Early Termination by the Company. Subject to the payments contemplated by Sections 7.4 and 7.5, the Executive's employment by the Company may be terminated at any time by the Company (after adoption of a resolution by the Board to do so) as follows:
Early Termination by the Company. The Company may dismiss the Executive for cause at any time as provided by the PRC Labor Law (“Cause”), or by serving the Executive three (3) months’ prior written notice. During such notice period, the Executive shall continue to diligently perform all of the Executive’s duties hereunder. In the event of dismissal without Cause, the Executive will be eligible to receive an amount equal to the Monthly Salary multiplied by (M + 5), where M shall mean the number of years Executive has been employed by the Company pursuant to this Agreement, payable in full immediately following the receipt by the Executive of such written notice.
Early Termination by the Company. The Company may dismiss the Executive for Cause (as hereinafter defined) at any time or by serving the Executive three (3) months’ prior written notice. During such notice period, the Executive shall continue to diligently perform all of the Executive’s duties hereunder. In the event of dismissal without Cause, the Executive will be eligible to receive an amount equal to the Monthly Salary multiplied by (M + 12), where M shall mean the number of years Executive has been employed by the Company pursuant to this Agreement, payable in full immediately following the receipt by the Executive of such written notice. For the for purposes of this Agreement, Cause shall include: (i) the conviction of a felony or any crime involving moral turpitude, fraud or misrepresentation, (ii) the continued failure by Executive to substantially perform his duties to the Company after receipt of written notice from the Company specifying any action or inaction by Executive which is deemed by the Company to constitute a failure to perform his duties hereunder with suggestions, where feasible, as to how Executive may remedy such failure, and Executive has failed to correct the unsatisfactory performance within fifteen (15) days of such notice, (iii) Executive’s gross negligence or willful misconduct which is materially injurious to the Company, monetarily or otherwise, (iv) proven dishonesty by Executive adversely affecting the Company as determined by the Board, and (v) any material breach by Executive of the Company’s then current policies with written notice thereof which has note been cured with 30 days of such notice where such breach is not one subject to immediate termination under the Company’s policies, or of the covenants contained in Section 5 of this Agreement. For purposes of this paragraph, no act or failure to act on Executive’s part shall be considered “willful” unless done, or omitted to be done, by Executive not in good faith and without reasonable belief that his action or omission was in the best interest of the Company. If at any time the Company shall determine that Executive has engaged in one or more activities constituting “Cause” for termination hereunder, Executive’s employment shall be terminated for Cause.
Early Termination by the Company. The Company may terminate the Executive's employment during the Employment Period at any time, without a stated reason, by a vote of a majority of the Board, excluding Executive. The Board shall also determine the date of Early Termination.
Early Termination by the Company. The Company may terminate -------------------------------- this Agreement by (and effective upon) its delivery of written notice to Buyer specifying the basis for termination hereunder, under the following circumstances:
(a) if Buyer shall breach this Agreement in any material respect; provided, that Buyer shall have the right, exercisable twice during the term of this Agreement, to prevent termination based upon Buyer's material breach of this Agreement by curing such material breach within 30 days following receipt of the Company's termination notice; or
(b) following the occurrence of a Bankruptcy Event with respect to Buyer.
Early Termination by the Company. The Company may terminate this Agreement for “Cause” during the Term. The following shall constitute Cause for termination:
(i) the Consultant’s material breach or violation of any of the terms or conditions of this Agreement, or any other agreement between Consultant and the Company, including the Separation Agreement, and the failure to remedy such material breach or violation within seven (7) days after written notice of such material breach or violation is given to the Consultant by the Company;
(ii) the Consultant’s failure to perform, or gross negligence in the performance of, Consultant’s Services to the Company, or willful misconduct by Consultant that could be reasonably anticipated to be, or is, harmful to the business, reputation or other interest of the Company in any material respect;
(iii) the Consultant’s performance of any act or his failure to act, for which if he were prosecuted and convicted, a crime or offense involving money or property of the Company or its subsidiary, or which would constitute a felony or a crime involving moral turpitude, dishonesty, breach of trust, unethical business conduct, or any crime involving the Company in the jurisdiction involved would have occurred, or the Consultant submitting to a plea of guilty or nolo contendere with respect thereto;
(iv) the Consultant engaged in unlawful harassment or discrimination of employees, customers or suppliers of the Company;
(v) the Consultant exposed the Company to criminal liability substantially caused by Consultant;
(vi) violation by Consultant of any law, rule or regulation (other than (A) traffic violations or similar offenses; (B) a non-material law, rule or regulation; or (C) violations that would not be detrimental to the Company, its business, its reputation or its customers in any material respect);
(vii) the Consultant’s theft or embezzlement of money or property of the Company; or
(viii) the Consultant’s perpetration of a fraud on the Company, or the Consultant’s participation in such a fraud. In addition to the foregoing, the Company may terminate this Agreement during the Term for the death or disability of the Consultant (where the Consultant is unable to perform the Services for ten (10) days during the Term, whether or not consecutive).
Early Termination by the Company. The Company shall have the right to terminate the Advisory Agreement in accordance with its terms. In the event the Advisory Agreement is terminated by the Company prior to the Advisor Outside Date for any reason other than for a Breach Event by the Advisor, then the Subordinated Performance Fee due shall equal the SPF Payment and the Disposition Fee due shall equal the DF Payment, and the Company shall pay the SPF Payment and the DF Payment pursuant to Sections 3 and 4, respectively, hereof.
Early Termination by the Company. Anything contained herein to the contrary notwithstanding, in the event that, following the date of this Agreement until the termination of the Offering Period, the Company desires to terminate this Agreement for any reason, Sands Brothers has the right, but not the obligation, to agree to such early termination upon the payment by the Company to Sands Brothers of a sum equal to the placement fees and expenses (which expenses shall be limited to Sands Brothers' legal fees and blue sky legal fees) that Sands Brothers would have received pursuant to paragraph 4(d) of this Agreement had the Maximum Amount been sold but for the early termination of this Agreement.
Early Termination by the Company. Anything contained herein to the contrary notwithstanding, in the event that, following the date of this Agreement until the termination of the Offering Period, the Company desires to terminate this Agreement for any reason (which for purposes of this Agreement shall include, but not be limited to, Sands Brothers being ready, willing and able to proceed with the transactions contemplated hereunder, but the Company being unwilling to proceed for any reason), Sands Brothers has the right, but not the obligation, to agree to such early termination upon the payment by the Company to Sands Brothers of a sum equal to the placement fees and expenses (including its counsel fees and expenses) and Placement Agent Warrants it would have received under Sections 4(d), 4(e) and 4(f) hereunder had the Maximum Amount been sold.
Early Termination by the Company. The Executive's employment hereunder may be terminated by the Company prior to the expiration of the term hereof in the event of (i) the Executive's death, (ii) the Executive's disability for the period specified in accordance with Section 6 hereof and upon thirty (30) days advance written notice, or (iii) the Company's determination that there is cause for such termination upon ten (10) days prior written notice to the Executive. For purposes of this Agreement, the Company shall have cause to terminate the Executive's employment only in the event of (a) the Executive's conviction (which, through the lapse of time or otherwise, is not subject to appeal) of any crime or offense involving money or other property of the Company or its subsidiaries, (b) the Executive's performance of any act, or failure to act, for which if he were prosecuted and convicted, a crime or offense set forth in clause (a) of this sentence would have occurred, or (c) the Executive's willful and continuous failure (other than as a result of disability) to perform the duties and obligations of his employment in accordance with the terms of this Agreement. Notwithstanding the foregoing, the Executive's employment hereunder shall not be deemed to have been terminated for cause unless and until there shall have been delivered to him a copy of a resolution duly adopted by the affirmative vote of not less than two thirds (2/3) of the Board of Directors of the Company at a meeting called and held for the purpose of considering the termination of his employment (after reasonable notice to him and an opportunity for him, together with his counsel, to be heard before the Board), finding that in the good faith opinion of the Board, he was guilty of conduct set forth in the second sentence of this section and specifying the particulars thereof in detail.
