Common use of Good Cause Clause in Contracts

Good Cause. For purposes of this Agreement, the term “good cause” is defined as follows: (a) Failure to fulfill duties or responsibilities as set forth under the terms and conditions of this Agreement; (b) Incompetence or inefficiency in the performance of required or assigned duties as documented by evaluations, supplemental memoranda or other written communication from the Board; provided, however, the terms and conditions of this paragraph shall not justice good cause unless the Board has provided the Superintendent a reasonable opportunity to remediate any incompetency or inefficiency; (c) Insubordination or failure to comply with lawful written Board directives; (d) Failure to comply with the Board’s policies or the District’s administrative regulations; (e) Neglect of duties; (f) Drunkenness or excessive use of alcoholic beverages; or possession, use, or being under the influence of alcohol or alcoholic beverages while on school property, while working in the scope of the employee’s duties, or while attending any school- or District- sponsored activity; (g) Illegal use of drugs, hallucinogens or other substances regulated by the Texas Controlled Substances Act; (h) Conviction of a felony or crime involving moral turpitude; conviction of a lesser included offense pursuant to a plea when the original charged offense is a felony; or deferred adjudication for a felony or any crime involving moral turpitude; (i) Failure to report any arrest, conviction, or deferred adjudication for any felony or any crime involving moral turpitude as required by District policy; (j) Failure to meet the District’s standards of professional conduct; (k) Failure to comply with reasonable District professional development requirements regarding advanced course work or professional development; (l) Disability, not otherwise protected by law, that impairs performance of the required duties of the Superintendent; (m) Immorality, which is conduct the Board determines is not in conformity with the accepted moral standards of the community encompassed by the District. Immorality is not defined to sexual matters, but includes conduct inconsistent with rectitude or indicative of corruption, indecency or depravity; (n) Any activity, school-connected or otherwise, that, because of publicity given it, or knowledge of it among students, faculty, staff, and the community impairs or diminishes the Superintendent’s effectiveness in the District. (o) Failure to maintain an effective working relationship, or maintain good rapport, with parents, the community, or colleagues. (p) Assault on a person on school property or at a school-related function, or an employee, student, or student’s parent regardless of time or place. (q) Knowingly falsifying records or documents related to the District’s activities; (r) Conscious misrepresentation of facts to the Board or other District officials in the conduct of the District’s business; (s) Failure to fulfill requirements for superintendent certification; (t) Failure to fulfill the requirements of a deficiency plan under an emergency permit; (u) Any breach by the Superintendent of this Agreement or any reason specified in this Agreement; (v) Any reason that makes the employment relationship void or voidable, such as a violation of federal, state, or local law; or (w) Any other reason constituting “good cause” pursuant to District Board of Trustees’ Policy and/or Texas law.

Appears in 10 contracts

Samples: Contract of Employment, Employment Agreement, Contract of Employment

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Good Cause. For purposes The Company may terminate the Agreement ten (10) days after written notice to Executive for good cause, which shall be limited to: (i) Executive's breach of any material provision of this Agreement, the term “good cause” is defined as follows: Agreement (acontinuing for ten (10) Failure days after receipt of written notice of need to fulfill duties or responsibilities as set forth under the terms and conditions of this Agreement; cure); (bii) Incompetence or inefficiency Executive's gross negligence in the performance or intentional nonperformance (continuing for ten (10) days after receipt of required written notice of need to cure) of any of Executive's material duties and responsibilities hereunder which is harmful or assigned duties injurious to the Company or Pentacon; (iii) Executive's dishonesty, fraud or willful misconduct with respect to the business or affairs of the Company or Pentacon which materially and adversely affects the operations or reputation of the Company or Pentacon; (iv) Executive's conviction of a felony crime; or (v) Executive's violation of the Company's substance abuse policy that would result in discharge under such policy as documented by evaluationsapplied to the Company's employees generally. In the event of a termination for good cause, supplemental memoranda or other written communication as enumerated above, Executive shall have no right to any severance compensation but shall receive all compensation due and payable through the date of termination. Furthermore, in the event of a termination for good cause, as enumerated above, Executive shall have the right, during the ten (10) day period commencing upon notice of termination from the Company pursuant to Section 4(c), to seek reinstatement (in writing) by the Board of Directors of Pentacon, and shall be reinstated if fifty-one percent (51%) of the Board of Directors of Pentacon (excluding the affected Executive or his representative on the Board; provided) approves the reinstatement. If the Board of Directors of Pentacon is unable to meet and review Executive's appeal for reinstatement during such ten (10) day period, howeverthen the Executive shall be deemed to be suspended without pay until such time as the Board of Directors of Pentacon can convene for such purpose. At such board meeting, the terms and conditions of this paragraph shall not justice good cause unless the Board has provided the Superintendent Executive will be presented a reasonable opportunity to remediate present evidence or state his position as to why he should not have been terminated pursuant to Section 4(c) or why he should be reinstated. The Board of Directors of Pentacon will act as promptly as reasonable to convene for purposes of hearing Executive's appeal and to respond to such appeal, and in any incompetency or inefficiency; event will make all reasonable efforts to convene within thirty (c30) Insubordination or failure to comply with lawful written Board directives; (d) Failure to comply with the Board’s policies or the District’s administrative regulations; (e) Neglect days of duties; (f) Drunkenness or excessive use of alcoholic beverages; or possession, use, or being under the influence of alcohol or alcoholic beverages while on school property, while working in the scope receipt of the employee’s duties, or while attending any school- or District- sponsored activity; (g) Illegal use of drugs, hallucinogens or other substances regulated by request for review from the Texas Controlled Substances Act; (h) Conviction of a felony or crime involving moral turpitude; conviction of a lesser included offense pursuant to a plea when the original charged offense is a felony; or deferred adjudication for a felony or any crime involving moral turpitude; (i) Failure to report any arrest, conviction, or deferred adjudication for any felony or any crime involving moral turpitude as required by District policy; (j) Failure to meet the District’s standards of professional conduct; (k) Failure to comply with reasonable District professional development requirements regarding advanced course work or professional development; (l) Disability, not otherwise protected by law, that impairs performance of the required duties of the Superintendent; (m) Immorality, which is conduct the Board determines is not in conformity with the accepted moral standards of the community encompassed by the District. Immorality is not defined to sexual matters, but includes conduct inconsistent with rectitude or indicative of corruption, indecency or depravity; (n) Any activity, school-connected or otherwise, that, because of publicity given it, or knowledge of it among students, faculty, staff, and the community impairs or diminishes the Superintendent’s effectiveness in the DistrictExecutive. (o) Failure to maintain an effective working relationship, or maintain good rapport, with parents, the community, or colleagues. (p) Assault on a person on school property or at a school-related function, or an employee, student, or student’s parent regardless of time or place. (q) Knowingly falsifying records or documents related to the District’s activities; (r) Conscious misrepresentation of facts to the Board or other District officials in the conduct of the District’s business; (s) Failure to fulfill requirements for superintendent certification; (t) Failure to fulfill the requirements of a deficiency plan under an emergency permit; (u) Any breach by the Superintendent of this Agreement or any reason specified in this Agreement; (v) Any reason that makes the employment relationship void or voidable, such as a violation of federal, state, or local law; or (w) Any other reason constituting “good cause” pursuant to District Board of Trustees’ Policy and/or Texas law.

Appears in 3 contracts

Samples: Employment Agreement (Pentacon Inc), Employment Agreement (Pentacon Inc), Employment Agreement (Pentacon Inc)

Good Cause. For purposes U nless otherwise described herein (see Section 4.B or 4.C) or allowed by law, this Lease may be terminated by the Housing Authority giving the Tenant written notice of this Agreement, good cause for termination thirty (30) days prior to the term “good cause” is defined as follows: (a) Failure to fulfill duties or responsibilities as set forth under expiration of the terms and conditions of this Agreement; (b) Incompetence or inefficiency in the performance of required or assigned duties as documented by evaluations, supplemental memoranda or other written communication from the Board; providedLease term. The Tenant shall, however, pay rent and be responsible for the terms and conditions premises until the termination of the Lease, until the return of all keys to the Area Office, or until the premises are actually vacated, whichever occurs last. Good cause includes, but is not limited to a violation of any provision of t his Lease, or any local, state, or federal law. failure to make payments required under the Lease; chronic rent delinquency as described in Section 6.C of this paragraph shall not justice good cause unless Lease; serious or repeated interference with the Board has provided rights of neighbors or employees, including those listed in Section 6.E of this Lease; serious or repeated damage to the Superintendent a reasonable opportunity to remediate any incompetency premises; serious or inefficiency; (c) Insubordination or repeated failure to comply with lawful written Board directives; (d) Failure material agreements, including without limitation the Tenant Responsibilities listed in Section 6 of this Lease; creation of serious physical, sanitary, or safety hazards; criminal activity or drug- related criminal activity as defined in Section 3.D; alcohol abuse that the Housing Authority determines threatens the health, safety, or right to peaceful enjoyment of the premises by other residents; misrepresentation of any material fact on the application or at any time during occupancy; failure of the Tenant to accept, sign, and return any new Lease or Lease Amendment contemplated under Section 12 of this Lease; failure of the Tenant to comply with the Board’s policies Community Service Requirement; or other good cause. B. Noncompliance with L ease. In the case of noncompliance with any provision of this Lease—other than noncompliance listed in Section 3 .C or 3.D 4.B or 4.C below, or the District’s administrative regulations; (e) Neglect of duties; (f) Drunkenness or excessive use of alcoholic beverages; or possession, use, or being under the influence of alcohol or alcoholic beverages while on school property, while working in the scope failure of the employee’s dutiesTenant to accept, sign and return a new Lease or while attending any school- or District- sponsored activity; Lease Amendment contemplated under Section 12 of this Lease—the Housing Authority may give the Tenant a warning notice (g) Illegal use of drugs“Warning Notice”), hallucinogens or other substances regulated by requiring the Texas Controlled Substances Act; (h) Conviction of a felony or crime involving moral turpitude; conviction of a lesser included offense pursuant to a plea when the original charged offense is a felony; or deferred adjudication for a felony or any crime involving moral turpitude; (i) Failure to report any arrest, conviction, or deferred adjudication for any felony or any crime involving moral turpitude as required by District policy; (j) Failure to meet the District’s standards of professional conduct; (k) Failure Tenant to comply with reasonable District professional development requirements regarding advanced course work within ten (10) days. If the Tenant fails or professional development; refuses to comply within ten (l10) Disability, not otherwise protected by law, that impairs performance days after service of the required duties of the Superintendent; (m) Immorality, which is conduct the Board determines is not in conformity with the accepted moral standards of the community encompassed by the District. Immorality is not defined to sexual matters, but includes conduct inconsistent with rectitude or indicative of corruption, indecency or depravity; (n) Any activity, school-connected or otherwise, that, because of publicity given it, or knowledge of it among students, faculty, staff, and the community impairs or diminishes the Superintendent’s effectiveness in the District. (o) Failure to maintain an effective working relationship, or maintain good rapport, with parentsWarning Notice, the communityHousing Authority may issue, or colleagues. at any time thereafter during the Lease term, a thirty (p30) Assault on a person on school property or at a school-related function, or an employee, student, or student’s parent regardless day notice of time or place. (q) Knowingly falsifying records or documents related to the District’s activities; (r) Conscious misrepresentation termination of facts to the Board or other District officials in the conduct of the District’s business; (s) Failure to fulfill requirements tenancy for superintendent certification; (t) Failure to fulfill the requirements of a deficiency plan under an emergency permit; (u) Any breach by the Superintendent of this Agreement or any reason specified in this Agreement; (v) Any reason that makes the employment relationship void or voidable, such as a violation of federal, state, or local law; or (w) Any other reason constituting “good cause” pursuant to District Board . Department of Trustees’ Policy and/or Texas law.Housing and Urban Development (HUD) regulations in 24 CFR Part 5, subpart L (Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or

Appears in 1 contract

Samples: Dwelling Lease

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Good Cause. For purposes of this Agreement, the term “good cause” is defined as follows: (a) Failure to fulfill duties or responsibilities as set forth under the terms and conditions of this Agreement; (b) Incompetence or inefficiency in the performance of required or assigned duties as documented by evaluations, supplemental memoranda or other written communication from the Board; provided, however, the terms and conditions of this paragraph shall not justice good cause unless the Board has provided the Superintendent a reasonable opportunity to remediate any incompetency or inefficiency; (c) Insubordination or failure to comply with lawful written Board directives; (d) Failure to comply with the Board’s policies or the District’s administrative regulations; (e) Neglect of duties; (f) Drunkenness or excessive use of alcoholic alcohol beverages; or possession, use, or being under the influence of alcohol or alcoholic beverages while on school property, while working in the scope of the employee’s duties, or while attending any school- school-or District- District-sponsored activity; (g) Illegal use of drugs, hallucinogens or other substances regulated by the Texas Controlled Substances Act; (h) Conviction of a felony or crime involving moral turpitude; conviction of a lesser included offense pursuant to a plea when the original charged offense is a felony; or deferred adjudication for a felony or any crime involving moral turpitude; (i) Failure to report any arrest, conviction, or deferred adjudication for any felony or any crime involving moral turpitude as required by the District policy; (j) Failure to meet the District’s standards of professional conduct; (k) Failure to comply with reasonable District professional development requirements regarding advanced course work or professional development; (l) Disability, not otherwise protected by law, that impairs performance of the required duties of the Superintendent; (m) Immorality, which is conduct the Board determines is not in conformity with the accepted moral standards of the community encompassed by the District. Immorality is not defined to sexual matters, but includes conduct inconsistent with rectitude or indicative of corruption, indecency or depravity; (n) Any activity, school-connected or otherwise, that, because of publicity given it, or knowledge of it among students, faculty, staff, and the community impairs or diminishes the Superintendent’s effectiveness in the District. (o) Failure to maintain an effective working relationship, or maintain good rapport, with employees, parents, the community, or colleagues. (p) Assault on a person on school property or at a school-related function, or an employee, student, or student’s parent regardless of time or place. (q) Knowingly falsifying records or documents related to the District’s activities; (r) Conscious misrepresentation of facts to the Board or other District officials in the conduct of the District’s business; (s) Failure to fulfill requirements for superintendent certificationcertifications; (t) Failure to fulfill the requirements of a deficiency plan under an emergency permit; (u) Any breach by the Superintendent of this Agreement or any reason specified in this Agreement; (v) Any reason that makes the employment relationship void or voidable, such as a violation of federal, state, or local law; or (w) Any other reason constituting “good cause” pursuant to District Board of Trustees’ Policy and/or Texas law.

Appears in 1 contract

Samples: Employment Agreement

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