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.
Appears in 1 contract
Samples: Employment Agreement (Applied Digital Solutions Inc)
For Cause By Employer. Notwithstanding any other provision of this Employment Agreement, Employee’s 's employment hereunder may be terminated by Employer at any time for Cause. For purposes of this Employment Agreement, “"Cause” " shall be defined as mean (i) Employee’s '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 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 's dishonesty in the performance of his duties hereunder, (iii) an act or acts on Employee’s '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 injuries the financial condition or business reputation of Employer or any of its subsidiaries or affiliates, or (v) Employee’s 's material breach of his obligations under Section 5 6 and 7 hereof. In the event that 8 hereof which breach shall remain uncured by Employee fails to cure within ten (10) days following receipt of notice from Employer specifying 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 terminationbreach.
Appears in 1 contract
Samples: Employment Agreement (Applied Cellular Technology Inc)
For Cause By Employer. Notwithstanding any other provision of this Employment Agreement, Employee’s '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 '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 's dishonesty in the performance of his duties hereunder, (iii) an act or acts on Employee’s '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 '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 's Base Compensation through such date of termination.
Appears in 1 contract
Samples: Employment Agreement (Applied Digital Solutions Inc)
For Cause By Employer. Notwithstanding any other provision of this Employment Agreement, Employee’s employment Employer hereunder may be terminated by Employer terminate Employee's employment at any time for Cause. For purposes of this Employment Agreement, “"Cause” " shall be defined as mean (i) Employee’s 's willful and continued failure to perform his her duties hereunder (other than as a result of total or partial incapacity due to physical or mental illness) for a period of ten thirty (1030) days after a written cure notice 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 her duties, (ii) Employee’s 's dishonesty in the performance of his her duties hereunder, (iii) an act or acts on Employee’s '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 injuries the financial condition or business reputation of Employer or any of its subsidiaries or affiliates, or (v) Employee’s 's material breach of his her obligations under Section 5 7 and 7 hereof. In the event that 9 hereof which breach shall remain uncured by Employee fails to cure within thirty (30) days following receipt of notice from Employer specifying 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 terminationbreach.
Appears in 1 contract
Samples: Employment Agreement (Applied Cellular Technology Inc)