For Cause by the Company. The Company hereunder, may terminate the Term, and the Executive’s employment at any time for Cause (as defined below) upon delivery of a Notice of Termination (as defined in Section 4.4) by the Company to Executive, in which the cause or reason of such termination is stated. For purposes of this Agreement, “Cause” means, in each case, as reasonably determined by the Board: (i) conviction of, or entry of a pleading of guilty or no contest by, Executive with respect to a felony or any lesser crime of which fraud or dishonesty is a material element; (ii) Executive’s willful dishonesty towards the Company; (iii) Executive’s willful and continued failure to perform substantially all of his duties with the Company, or a failure to follow the lawful direction of the Board after the Board delivers a written demand for substantial performance and Executive neglects to cure such a failure to the reasonable satisfaction of the Board within five (5) business days following receipt of such written demand; (iv) Executive’s knowing and intentional failure to comply with applicable laws with respect to the execution of the Company’s business operations or his material breach of this Agreement; (v) Executive’s theft, fraud, embezzlement, dishonesty or similar conduct which has resulted or is likely to result in material damage to the Company or any subsidiaries and Affiliate; or (vi) Executive’s habitual intoxication or continued abuse of illegal drugs which materially interferes with Executive’s ability to perform his assigned duties and responsibilities. If Executive is terminated for Cause pursuant to this Section 4.1, he shall be entitled to receive only his Salary through the date of termination and he shall have no further rights to any compensation (including any Salary) or any other benefits under this Agreement.
Appears in 5 contracts
Samples: Employment Agreement (Jintai Mining Group, Inc.), Employment Agreement (Sino Clean Energy Inc), Employment Agreement (Jintai Mining Group, Inc.)
For Cause by the Company. The Company Employment Term, and Executive’s employment hereunder, may terminate the Term, and the Executive’s employment be terminated at any time by the Company for Cause “Cause” (as defined below) upon delivery of a “Notice of Termination Termination” (as defined in Section 4.48(e)) by the Company to Executive, in which the cause or reason of such termination is stated. For purposes of this Agreement, “Cause” meansshall mean, in each case, as reasonably determined by the Board: (i) conviction of, or entry of a pleading of guilty or no contest by, Executive with respect to a felony or any lesser crime of which fraud or dishonesty is a material element; (ii) Executive’s willful dishonesty towards the Company; (iii) Executive’s willful and continued failure to perform substantially all of his duties with the Company, or a failure to follow the lawful direction of the Board after the Board delivers a written demand for substantial performance and Executive neglects to cure such a failure to the reasonable satisfaction of the Board within five fifteen (515) business days following receipt of such written demand; (iv) Executive’s material, knowing and intentional failure to comply with applicable laws with respect to the execution of the Company’s business operations or his material breach of this Agreement; (v) Executive’s theft, fraud, embezzlement, dishonesty or similar conduct which has resulted or is likely to result in material damage to the Company or any subsidiaries and Affiliateof its affiliates or subsidiaries; or (vi) Executive’s habitual intoxication or continued abuse of illegal drugs which materially interferes with Executive’s ability to perform his assigned duties and responsibilities. If Executive is terminated for Cause pursuant to this Section 4.18(a), he shall be entitled to receive only his Base Salary and authorized benefits through the date of termination and he shall have no further rights to any compensation (including any SalaryBase Salary or Bonus) or any other benefits under this Agreement. All other benefits, if any, due to the Executive following Executive’s termination of employment for Cause pursuant to this Section 8(a) shall be determined in accordance with the plans, policies and practices of the Company; provided, however, that Executive shall not participate in any severance plan, policy or program of the Company.
Appears in 4 contracts
Samples: Employment Agreement (China Sunergy Co., Ltd.), Employment Agreement (China Sunergy Co., Ltd.), Employment Agreement (China Sunergy Co., Ltd.)
For Cause by the Company. The Company hereunder, may terminate the Term, and the Executive’s employment at any time for Cause (as defined below) upon delivery of a Notice of Termination (as defined in Section 4.4) by the Company to Executive, in which the cause or reason of such termination is stated. For purposes of this Agreement, “Cause” means, in each case, as reasonably determined by the Board: (i) conviction of, or entry of a pleading of guilty or no contest by, Executive with respect to a felony or any lesser crime of which fraud or dishonesty is a material element; (ii) Executive’s 's willful dishonesty towards the Company; (iii) Executive’s 's willful and continued failure to perform substantially all of his duties with the Company, or a failure to follow the lawful direction of the Board after the Board delivers a written demand for substantial performance and Executive neglects to cure such a failure to the reasonable satisfaction of the Board within five (5) business days following receipt of such written demand; (iv) Executive’s 's knowing and intentional failure to comply with applicable laws with respect to the execution of the Company’s 's business operations or his material breach of this Agreement; (v) Executive’s 's theft, fraud, embezzlement, dishonesty or similar conduct which has resulted or is likely to result in material damage to the Company or any subsidiaries and Affiliate; or (vi) Executive’s 's habitual intoxication or continued abuse of illegal drugs which materially interferes with Executive’s 's ability to perform his assigned duties and responsibilities. If Executive is terminated for Cause pursuant to this Section 4.1, he shall be entitled to receive only his Salary through the date of termination and he shall have no further rights to any compensation (including any Salary) or any other benefits under this Agreement.
Appears in 2 contracts
Samples: Employment Agreement (Sino Clean Energy Inc), Employment Agreement (Sino Clean Energy Inc)
For Cause by the Company. The Company Employment Term, and Executive's employment hereunder, may terminate the Term, and the Executive’s employment be terminated at any time by the Company for Cause "Cause" (as defined below) upon delivery of a "Notice of Termination Termination" (as defined in Section 4.48(e)) by the Company to Executive, in which the cause or reason of such termination is stated. For purposes of this Agreement, “"Cause” means" shall mean, in each case, as reasonably determined by the Board: (i) conviction of, or entry of a pleading of guilty or no contest by, Executive with respect to a felony or any lesser crime of which fraud or dishonesty is a material element; (ii) Executive’s 's willful dishonesty towards the Company; (iii) Executive’s 's willful and continued failure to perform substantially all of his duties with the Company, or a failure to follow the lawful direction of the Board after the Board delivers a written demand for substantial performance and Executive neglects to cure such a failure to the reasonable satisfaction of the Board within five fifteen (515) business days following receipt of such written demand; (iv) Executive’s 's material, knowing and intentional failure to comply with applicable laws with respect to the execution of the Company’s 's business operations or his material breach of this Agreement; (v) Executive’s 's theft, fraud, embezzlement, dishonesty or similar conduct which has resulted or is likely to result in material damage to the Company or any subsidiaries and Affiliateof its affiliates or subsidiaries; or (vi) Executive’s 's habitual intoxication or continued abuse of illegal drugs which materially interferes with Executive’s 's ability to perform his assigned duties and responsibilities. If Executive is terminated for Cause pursuant to this Section 4.18(a), he shall be entitled to receive only his Base Salary and authorized benefits through the date of termination and he shall have no further rights to any compensation (including any SalaryBase Salary or Bonus) or any other benefits under this Agreement. All other benefits, if any, due to the Executive following Executive's termination of employment for Cause pursuant to this Section 8(a) shall be determined in accordance with the plans, policies and practices of the Company; provided, however, that Executive shall not participate in any severance plan, policy or program of the Company.
Appears in 2 contracts
Samples: Employment Agreement (China Sunergy Co., Ltd.), Employment Agreement (China Sunergy Co., Ltd.)
For Cause by the Company. The Company Employment Term, and Executive’s employment hereunder, may terminate the Term, and the Executive’s employment be terminated at any time by the Company for Cause (as defined below) “Cause” upon delivery of a “Notice of Termination Termination” (as defined in Section 4.410(e)) by the Company to Executive, in which the cause or reason of such termination is stated. For purposes of this Agreement, “Cause” meansshall mean, in each case, as reasonably determined by the Board: (i) conviction of, or entry of a pleading of guilty or no contest by, Executive with respect to a felony or any lesser crime of which fraud or dishonesty is a material element; (ii) Executive’s willful dishonesty towards the Company; (iii) Executive’s willful and continued failure to perform substantially all of his duties with the Company, or a failure to follow the lawful direction of the Board after the Board delivers a written demand for substantial performance and Executive neglects to cure such a failure to the reasonable satisfaction of the Board within five (5) business days following receipt of such written demand15 days; (iv) Executive’s material, knowing and intentional failure to comply with applicable laws with respect to the execution of the Company’s business operations or his material breach of this Agreement; (v) Executive’s theft, fraud, embezzlement, dishonesty or similar conduct which has resulted or is likely to result in material damage to the Company or any subsidiaries and Affiliateof its affiliates or subsidiaries; or (vi) Executive’s habitual intoxication or continued abuse of illegal drugs which materially interferes with Executive’s ability to perform his assigned duties and responsibilities. If Executive is terminated for Cause pursuant to this Section 4.110(a), he shall be entitled to receive only his Base Salary through the date of termination and he shall have no further rights to any compensation (including any SalaryBase Salary or Bonus) or any other benefits under this Agreement. All other benefits, if any, due Executive following Executive’s termination of employment for Cause pursuant to this Section 10(a) shall be determined in accordance with the plans, policies and practices of the Company; provided, however, that Executive shall not participate in any severance plan, policy or program of the Company.
Appears in 2 contracts
Samples: Employment Agreement (A-Max Technology LTD), Employment Agreement (A-Max Technology LTD)
For Cause by the Company. The Company hereunder, may terminate the Term, and the Executive’s employment at any time for Cause (as defined below) upon delivery of a Notice of Termination (as defined in Section 4.4) by the Company to Executive, in which the cause or reason of such termination is stated. For purposes of this Agreement, “Cause” means, in each case, as reasonably determined by the Board: (i) conviction of, or entry of a pleading of guilty or no contest by, Executive with respect to a felony or any lesser crime of which fraud or dishonesty is a material element; (ii) Executive’s willful dishonesty towards the Company; (iii) Executive’s willful and continued failure to perform substantially all of his her duties with the Company, or a failure to follow the lawful direction of the Board after the Board delivers a written demand for substantial performance and Executive neglects to cure such a failure to the reasonable satisfaction of the Board within five (5) business days following receipt of such written demand; (iv) Executive’s knowing and intentional failure to comply with applicable laws with respect to the execution of the Company’s business operations or his her material breach of this Agreement; (v) Executive’s theft, fraud, embezzlement, dishonesty or similar conduct which has resulted or is likely to result in material damage to the Company or any subsidiaries and Affiliate; or (vi) Executive’s habitual intoxication or continued abuse of illegal drugs which materially interferes with Executive’s ability to perform his her assigned duties and responsibilities. If Executive is terminated for Cause pursuant to this Section 4.1, he she shall be entitled to receive only his her Salary through the date of termination and he she shall have no further rights to any compensation (including any Salary) or any other benefits under this Agreement.
Appears in 2 contracts
Samples: Employment Agreement (CAM Group, Inc.), Employment Agreement (CAM Group, Inc.)
For Cause by the Company. The Company Employment Term, and Executive’s employment hereunder, may terminate the Term, and the Executive’s employment be terminated at any time by the Company for Cause (as defined below) “Cause” upon delivery of a “Notice of Termination Termination” (as defined in Section 4.410(e)) by the Company to Executive, in which the cause or reason of such termination is stated. For purposes of this Agreement, “Cause” meansshall mean, in each case, as reasonably determined by the Board: (i) conviction of, or entry of a pleading of guilty or no contest by, Executive with respect to a felony or any lesser crime of which fraud or dishonesty is a material element; (ii) Executive’s willful dishonesty towards the Company; (iii) Executive’s willful and continued failure to perform substantially all of his her duties with the Company, or a failure to follow the lawful direction of the Board after the Board delivers a written demand for substantial performance and Executive neglects to cure such a failure to the reasonable satisfaction of the Board within five (5) business days following receipt of such written demand15 days; (iv) Executive’s material, knowing and intentional failure to comply with applicable laws with respect to the execution of the Company’s business operations or his her material breach of this Agreement; (v) Executive’s theft, fraud, embezzlement, dishonesty or similar conduct which has resulted or is likely to result in material damage to the Company or any subsidiaries and Affiliateof its affiliates or subsidiaries; or (vi) Executive’s habitual intoxication or continued abuse of illegal drugs which materially interferes with Executive’s ability to perform his her assigned duties and responsibilities. If Executive is terminated for Cause pursuant to this Section 4.110(a), he shall be entitled to receive only his her Base Salary through the date of termination and he shall have no further rights to any compensation (including any SalaryBase Salary or Bonus) or any other benefits under this Agreement. All other benefits, if any, due Executive following Executive’s termination of employment for Cause pursuant to this Section 10(a) shall be determined in accordance with the plans, policies and practices of the Company; provided, however, that Executive shall not participate in any severance plan, policy or program of the Company.
Appears in 2 contracts
Samples: Employment Agreement (A-Max Technology LTD), Employment Agreement (A-Max Technology LTD)
For Cause by the Company. The Company hereunder, may terminate the Term, and the Executive’s employment at any time for Cause (as defined below) upon delivery of a Notice of Termination (as defined in Section 4.4) by the Company to Executive, in which the cause or reason of such termination is stated. For purposes of this Agreement, “Cause” means, in each case, as reasonably determined by the Board: (i) conviction of, or entry of a pleading of guilty or no contest by, Executive with respect to a felony or any lesser crime of which fraud or dishonesty is a material element; (ii) Executive’s willful dishonesty towards the Company; (iii) Executive’s willful and continued failure to perform substantially all of his duties with the Company, or a failure to follow the lawful direction of the Board after the Board delivers a written demand for substantial performance and Executive neglects to cure such a failure to the reasonable satisfaction of the Board within five (5) business days following receipt of such written demand; (iv) Executive’s knowing and intentional failure to comply with applicable laws with respect to the execution of the Company’s business operations or his material breach of this Agreement; (v) Executive’s theft, fraud, embezzlement, dishonesty or similar conduct which has resulted or is likely to result in material damage to the Company or any subsidiaries and Affiliate; or (vi) Executive’s habitual intoxication or continued abuse of illegal drugs which materially interferes with Executive’s ability to perform his assigned duties and responsibilities. If Executive is terminated for Cause pursuant to this Section 4.1, he she shall be entitled to receive only his Salary through the date of termination and he she shall have no further rights to any compensation (including any Salary) or any other benefits under this Agreement.
Appears in 1 contract