For Cause By Employer. Employer may terminate the Employment Term for “Cause” based on objective factors determined in good faith by a majority of the Board as set forth in a Notice of Termination to Executive specifying the reasons for termination and the failure of the Executive to cure the same within ten (10) days after Employer shall have given the Notice of Termination; provided, however, that in the event the Board in good faith determines that the underlying reasons giving rise to such determination cannot be cured, then the ten (10) day period shall not apply and the Employment Term shall terminate on the date the Notice of Termination is given. For purposes of this Agreement, “Cause” shall mean (i) Executive’s conviction of, guilty or no contest plea to, or confession of guilt of, a felony, or other crime involving moral turpitude; (ii) an act or omission by Executive in connection with his employment that constitutes fraud, criminal misconduct, breach of fiduciary duty, dishonesty, gross negligence, malfeasance, willful misconduct or other conduct that is materially harmful or detrimental to Employer; (iii) a material breach by Executive of this Agreement; (iv) continuing failure to perform such duties as are assigned to Executive by Employer in accordance with this Agreement, other than a failure resulting from a Disability; (v) Executive’s knowingly taking any action on behalf of Employer or any of its affiliates without appropriate authority to take such action; (vi) Executive’s knowingly taking any action in conflict of interest with Employer or any of its affiliates given Executive’s position with Employer; and/or (vii) the commission of an act of personal dishonesty by Executive that involves personal profit in connection with Employer.
For Cause By Employer. Any termination of Employee's employment by Employer for Cause (as defined in Exhibit A attached hereto) shall be authorized by a vote of at least a majority of the non-employee members of the Board within 12 months of a majority of such non-employee members of the Board having actual knowledge of the event or circumstances providing a basis for such termination. In the case of clause (4) of the definition of Cause, Employee shall be given notice by the Board specifying in detail the particular act or failure to act on which the Board is relying in proposing to terminate him for Cause and offering Employee an opportunity, on a date at least 14 days after receipt of such notice, to have a hearing, with counsel, before a majority of the non-employee members of the Board, including each of the members of the Board who authorized the termination for Cause. Employee shall not be terminated for Cause if, within 30 days after the date of Employee's hearing before the Board (or if Employee waives a hearing, within 30 days after receiving notice of the proposed termination), he has corrected the particular act or failure to act specified in the notice and by so correcting such act or failure to act he has reduced the economic damage his act or failure to act has allegedly caused Employer to a level which is no longer material or has eliminated the probability that such act or failure to act is likely to result in material economic damage to Employer. No termination for Cause shall take effect until the expiration of the correction period described in the preceding sentence and the determination by a majority of the non-employee members of the Board that Employee has failed to correct the act or failure to act in accordance with the terms of the preceding sentence. Anything herein to the contrary notwithstanding, if, following a termination of Employee's employment by Employer for Cause based upon the conviction of Employee for a felony involving moral turpitude such conviction is finally overturned on appeal, Employee shall be entitled to the compensation provided in Sections 4(a) and 4(c) of the Severance Compensation Agreement; provided, however, that any such compensation shall be reduced dollar for dollar by the amount of any Transition Bonus paid under this Agreement. In lieu of the interest provided in clause (iv) of the first sentence of Section 4(a) of the Severance Compensation Agreement and the interest provided in the second sentence of Section 4(c) of t...
For Cause By Employer. Employer may terminate the Employment Term for “Cause,” based on factors determined in good faith by Employer as set forth in a notice of termination to Executive. For purposes of this Agreement, “Cause” means (a) Executive’s conviction of, guilty or no contest plea to, or confession of guilt of, a felony or crime involving moral turpitude; (b) an act or omission by Executive in connection with his employment that constitutes fraud, criminal misconduct, breach of fiduciary duty, dishonesty, gross negligence, malfeasance, willful misconduct, or other conduct that is materially harmful or detrimental to Employer; (c) a material breach by Executive of this Agreement; (d) a continuing or other failure by Executive to perform such duties as are assigned to Executive by Employer in accordance with this Agreement, other than a failure resulting from a Disability; (e) Executive’s knowingly taking any action on behalf of Employer or any of its affiliates without appropriate authority to take such action; and/or (f) Executive’s knowingly taking any action in conflict of interest with Employer or any of its affiliates given Executive’s position with Employer.
For Cause By Employer. Notwithstanding any other provision hereof, Employer may terminate Employee's employment under this Agreement immediately at any time for "cause." For purposes hereof the term "cause" shall include, but not be limited to, the commission of any of the following by Employee: dishonesty; theft; unethical business conduct; indictment for a felony; indictment for a misdemeanor involving moral turpitude; drug or alcohol addiction or abuse; incompetence in the performance of material duties on behalf of Employer; violation of the terms and provisions of this Agreement; willful or recurring insubordination; failure to attempt, in good faith, to comply with reasonable instructions of Employer; material violation by Employee of any federal or state banking law, rule or regulation; causing or permitting, whether intentionally or negligently, Employer to materially violate any federal or state banking law, rule or regulation; or if Employee is suspended and/or temporarily prohibited from participating in the conduct of the affairs of Employer or any subsidiary of Employer by notice served under Section 8(e) of the Federal Deposit Insurance Act (12 U.S.C., Section 1818 (e)). All compensation (including without limitation the Base Salary, and all perquisites and fringe benefits) to which Employee would otherwise be entitled (for periods after the effective date of such termination) shall be discontinued and forfeited as of the effective date of such termination.
For Cause By Employer. Notwithstanding any other provision of this Employment Agreement, Employee’s employment hereunder may be terminated by Employer at any time for Cause. For purposes of this Employment Agreement, “Cause” shall be defined as (i) Employee’s willful and continued failure to perform his duties hereunder (other than as a result of total or partial incapacity due to physical or mental illness) for a period of ten (10) days after a written cure notice delivered to Employee on behalf of Employer, which specifically identifies the manner in which it is alleged that Employee has not substantially performed his duties, (ii) Employee’s dishonesty in the performance of his duties hereunder, (iii) an act or acts on Employee’s part involving moral turpitude or constituting a felony under the laws of the United States or any state thereof, (iv) any other act or omission which materially injures the financial condition or business reputation of Employer or any of its subsidiaries or affiliates, or (v) Employee’s material breach of his obligations under Section 5 and 7 hereof. In the event that Employee fails to cure such breach within the time period provided hereinabove, Employer may terminate this Employment Agreement without further notice and its only liability shall be to pay Employee’s Base Compensation through such date of termination.
For Cause By Employer. Notwithstanding any other provision --------------------- hereof, Employer may terminate Employee's employment under this Agreement immediately at any time for "cause." For purposes hereof the term "cause" shall mean: Employee's commission of dishonesty, theft, or unethical business conduct; indictment for a felony; indictment for a misdemeanor involving moral turpitude; drug or alcohol addiction or abuse; death; disability which prevents Employee from performing his duties hereunder for a continuous period of more than forty- five (45) days; material incompetence in the performance of duties on behalf of Employer which continues after reasonable written notice; material violation of the terms and provisions of this Agreement which continues after reasonable written notice; willful or recurring insubordination; or failure to attempt to comply in good faith with the reasonable instructions of Employer. All compensation (including without limitation the Base Salary, Incentive Bonus, and all perquisites and fringe benefits) to which Employee would otherwise be entitled (for periods after the effective date of such termination) shall be discontinued following the effective date of termination and forfeited as of the effective date of such termination.
For Cause By Employer. Notwithstanding any other provision --------------------- hereof, Employer may terminate Employee's employment under this Agreement immediately at any time for "cause." For purposes hereof the term "cause" shall include, but not be limited to, the commission of any of the following by Employee: dishonesty; theft; unethical business conduct; indictment for a felony; indictment for a misdemeanor involving moral turpitude; drug or alcohol addiction or abuse; incompetence in the performance of material duties on behalf of Employer; violation of the terms and provisions of this Agreement; wilful or recurring insubordination; or failure to attempt to comply in good faith with the reasonable instructions of Employer. All compensation (including without limitation the Base Salary, Incentive Bonus, and all perquisites and fringe benefits) to which Employee would otherwise be entitled shall be discontinued and forfeited as of the effective date of such termination.
For Cause By Employer. Notwithstanding any other provision of this Employment Agreement, Employee's employment hereunder may be terminated by Employer at any time for Cause. For purposes of this Employment Agreement, "Cause" shall mean (i) Employee's willful and continued failure to perform the requirements of his duties hereunder (other than as a result of total or partial incapacity due to physical or mental illness) for thirty (30) days after a written demand is delivered to Employee on behalf of Employer, which specifically identifies the manner in which it is alleged that Employee has not substantially performed his duties, (ii) Employee's dishonesty in the performance of his duties hereunder, (iii) an act or acts on Employee's part involving moral turpitude or constituting a felony under the laws of the United States or any state thereof, (iv) any other act or omission which materially injures the financial condition or business reputation of Employer or any of its subsidiaries or affiliates, or (v) Employee's material breach of his obligations under Section 6 and 8 hereof.
For Cause By Employer. This Agreement shall terminate upon five (5) days prior written notice from Employer to Cxxxxxxx of the termination of Catiller’s employment “for cause” (as defined below), provided that Cxxxxxxx does not cease the conduct constituting “for cause” prior to the expiration of such five (5) day period. For purposes of this Section 6.1, the term “for cause” shall include the following:
(a) Any action by Cxxxxxxx involving the violation of any criminal statute constituting a felony;
(b) Gross misconduct in the performance of Catiller’s duties hereunder;
(c) The failure by Cxxxxxxx to follow or comply with the policies and procedures of Employer, or the written directives of the Board of Directors of Employer, provided that such policies, procedures or directives are consistent with Catiller’s duties hereunder;
(d) The violation by Cxxxxxxx of any provision of this Agreement; or
(e) The repeated failure by Cxxxxxxx to render full and proper services, as required by the terms of this Agreement, and which Employer reasonably believes constitutes a material breach of this Agreement.
For Cause By Employer. During the Term, Employer may --------------------- terminate Executive's employment under this Agreement at any time for "Cause." For purposes of this Agreement, "Cause" means:
