Common use of POOR PERFORMANCE Clause in Contracts

POOR PERFORMANCE. Employer may terminate this Agreement and Employee’s employment by giving Notice of Termination at any time for Poor Performance. “Poor Performance” means Employee’s failure to substantially perform Employee’s duties with Employer (other than any such failure resulting from incapacity due to physical or mental illness), and Employee’s inability to cure such failure to Employer’s reasonable satisfaction within 90 days following Employer’s delivery to Employee of a written demand for substantial performance which specifically identifies the manner in which Employer believes that Employee has substantially failed to perform Employee’s duties.