Common use of For Cause by DDR Clause in Contracts

For Cause by DDR. (a) During the Contract Period while Executive is employed by DDR, DDR may terminate Executive’s employment under this Agreement for “Cause” at any time upon the occurrence of any of the following circumstances: (i) (A) Executive commits a fraud or a felony or an act that is not or a series of acts that are not taken in good faith and (B) the commission of such fraud, felony or act or series of acts results in material injury to the business reputation of DDR. (ii) Executive commits an act or series of repeated acts of dishonesty that are materially inimical to the best interests of DDR. (iii) Other than as a result of disability, Executive consistently fails to perform Executive’s duties and responsibilities as specified in Sections 1 and 2 above and the failure continues for 15 days after DDR has advised Executive in writing of that failure. (iv) Executive has materially breached any provision of this Agreement (other than Section 1 or 2 above, as to any breach of which Section 6.2(a)(iii) would apply) and the breach has not been cured in all substantial respects within 30 days after DDR has advised Executive in writing of the nature of the breach. (b) The termination of Executive’s employment under this Agreement shall not be deemed to be for Cause pursuant to this Section 6.2 unless and until there shall have been delivered to Executive reasonable notice that Executive is guilty of the conduct described in Sections 6.2(a)(i), (ii), (iii) or (iv) above, and specifying the particulars thereof in detail.

For Cause by DDR. (a) During the Contract Period while Executive is employed by DDR, DDR may terminate Executive’s employment under this Agreement for “Cause” at any time upon the occurrence of any of the following circumstances: (i) willful failure by Executive substantially to perform the lawful instructions of DDR or one of its Subsidiaries (A) Executive commits a fraud or a felony or an act that is not or a series of acts that are not taken in good faith and (B) the commission of such fraud, felony or act or series of acts results in material injury to the business reputation of DDR. (ii) Executive commits an act or series of repeated acts of dishonesty that are materially inimical to the best interests of DDR. (iii) Other other than as a result of disability, total or partial incapacity due to physical or mental illness) following written notice by DDR to Executive consistently fails of such failure and 10 days within which to perform cure such failure; (ii) Executive’s theft or embezzlement of DDR property; (iii) Executive’s dishonesty in the performance of Executive’s duties and responsibilities as specified resulting in Sections 1 and 2 above and the failure continues for 15 days after DDR has advised Executive in writing of that failure.material harm to DDR; (iv) any act by Executive has that constitutes (A) a felony under the laws of the United States or any state thereof or, where applicable, any other equivalent offense (including a crime subject to a custodial sentence) under the laws of the applicable jurisdiction, or (B) any other crime involving moral turpitude; (v) willful or gross misconduct by Executive in connection with Executive’s duties to DDR or otherwise which, in the reasonable good faith judgment of the Board, could reasonably be expected to be materially breached any provision injurious to the financial condition or business reputation of this Agreement DDR, its Subsidiaries or affiliates; or (other than Section 1 or 2 above, as to any vi) breach of which Section 6.2(a)(iii) would apply) and the breach has not been cured in all substantial respects within 30 days after DDR has advised Executive in writing provisions of the nature of the breachany restrictive covenants with DDR, its Subsidiaries or affiliates. (b) The termination of Executive’s employment under this Agreement shall not be deemed to be for Cause “Cause” pursuant to this Section 6.2 unless and until there shall have been delivered to Executive a copy of a resolution duly adopted by the affirmative vote of not less than three-fourths of the entire membership of the Board at a meeting of the Board called and held for such purpose (after reasonable notice that is provided to Executive and Executive is guilty given an opportunity, together with counsel, to be heard before the Board) finding that, in the good faith opinion of the Board, Executive has committed the conduct described in Sections 6.2(a)(i), (ii), (iii), (iv), (v) or (ivvi) above, and specifying the particulars thereof in detail.

For Cause by DDR. (a) During the Contract Period while Executive is employed by DDR, DDR may terminate Executive’s employment under this Agreement for “Cause” at any time upon the occurrence of any of the following circumstances: (i) (A) Executive commits a fraud or a felony or an act that is not or a series of acts that are not taken in good faith and (B) the commission of such fraud, felony or act or series of acts results in material injury to the business reputation of DDR. (ii) Executive commits an act or series of repeated acts of dishonesty that are materially inimical to the best interests of DDR. (iii) Other than as a result of disability, Executive consistently fails to perform Executive’s duties and responsibilities as specified in Sections 1 and 2 above and the failure continues for 15 days after DDR has advised Executive in writing of that failure. (iv) Executive has materially breached any provision of this Agreement (other than Section 1 or 2 above, as to any breach of which Section 6.2(a)(iii) would apply) and the breach has not been cured in all substantial respects within 30 days after DDR has advised Executive in writing of the nature of the breach. (b) The termination of Executive’s employment under this Agreement shall not be deemed to be for Cause “Cause” pursuant to this Section 6.2 unless and until there shall have been delivered to Executive a copy of a resolution duly adopted by the affirmative vote of not less than three-fourths of the entire membership of the Board (other than Executive) at a meeting of the Board called and held for such purpose (after reasonable notice that is provided to Executive and Executive is given an opportunity, together with counsel, to be heard before the Board) finding that, in the good faith opinion of the Board, Executive is guilty of the conduct described in Sections 6.2(a)(i), (ii), (iii) or (iv) above, and specifying the particulars thereof in detail.