Employer’s Right to Terminate Executive’s Employment for Cause. The Employer shall have the right to terminate Executive’s employment hereunder, without notice, at any time for “Cause.” For purposes of this Agreement, “Cause” shall mean:
Employer’s Right to Terminate Executive’s Employment for Cause. The Employer shall have the right to terminate Executive’s employment hereunder, without notice, at any time for “Cause.” For purposes of this Agreement, “Cause” shall mean: (i) Executive’s material breach of this Agreement or any other written agreement between Executive and the Employer or any subsidiary thereof, including Executive’s breach of any material representation, warranty or covenant made under any such agreement, or Executive’s breach of any policy or code of conduct established by the Employer or any subsidiary thereof and applicable to Executive. (ii) the commission of an act of gross negligence, willful misconduct, breach of fiduciary duty, fraud, theft, or embezzlement on the part of Executive as determined by the Board of Directors of Employer in their sole discretion. (iii) the commission by Executive of, or conviction or indictment of Executive for, or plea of nolo contendere by Executive to, any felony (federal or state) or any crime involving moral turpitude; or (iv) Executive’s willful failure or refusal, other than due to disability, to perform Executive’s obligations pursuant to this Agreement or to follow any lawful directive from the Chief Executive Officer or the Board, as determined by the Board (sitting without Executive, if applicable); provided, however, that if Executive’s actions or omissions as set forth in this Section 6(a)(iv) are of such a nature that the Board determines that they are curable by Executive, such actions or omissions
