Procedure for Termination for Cause. A termination of the Executive’s employment for Cause shall be effected in accordance with the following procedures. The Company shall give the Executive written notice (“Notice of Termination for Cause”) of its intention to terminate the Executive’s employment for Cause, setting forth in reasonable detail the specific conduct of the Executive that it considers to constitute Cause and the specific provision(s) of this Agreement on which it relies and stating the date, time and place of the Special Board Meeting. The “Special Board Meeting” means a meeting of the Board called and held specifically for the purpose of considering the Executive’s termination for Cause that takes place not less than thirty (30) and not more than sixty (60) days after the Executive receives the Notice of Termination for Cause. The Executive shall be given an opportunity, together with counsel, to be heard at the Special Board Meeting. The Executive’s termination for Cause shall be effective when and if a resolution is duly adopted at the Special Board Meeting, stating that, in the good faith opinion of the Board, the Executive is guilty of the conduct described in the Notice of Termination for Cause, such conduct constitutes Cause under this Agreement and in the case of a termination for Cause as defined in subsection 3.05, such conduct has not ceased or been cured between the date the Executive received the Notice of Termination for Cause and the date of the meeting.
Procedure for Termination for Cause. District may, without prejudice to any other right or remedy, give written notice to Contractor and its surety or sureties of its intention to terminate this Facilities Lease for any violation of its terms. Unless within seven (7) days of the delivery of such notice, Contractor shall cease such violation and make satisfactory arrangements for a correction thereof, which arrangements are set forth in a written agreement signed by Contractor and the District Representative, Contractor’s right to complete the Work shall cease and terminate. In the event of any such termination, District shall immediately give written notice thereof to the surety and to Contractor, and the surety shall have the rights and obligations set forth in the Performance Bond. If District is forced to take over the Work, it may prosecute the same to completion by contract or by any other method it may deem advisable, for the account and at the expense of Contractor, and Contractor and its sureties shall be liable to District for any excess costs, including management, supervision, and design support, occasioned thereby. In such event, District may, without liability, take possession of and utilize in completing the Work, Contractor's materials whether stored at the Site or elsewhere, that are necessary for completion. Contractor hereby assigns to District all of its interest in orders and/or contracts existing at the time of termination. The assignment of said orders and/or contracts shall be effective upon notice of acceptance by District in writing, and only as to those orders and/or contracts which District designates in writing. Whenever Contractor's right to proceed is terminated, Contractor shall not be entitled to receive any further payment until the Work is finished and shall be liable to District for liquidated damages, if applicable, as well as for any and all damages and losses incurred by District, including without limitation those damages or losses suffered in completing the Work. In the event that District's actions to effect a termination are determined by a court of law to be wrongful, improper or a breach of this Facilities Lease, any termination shall be determined to be, and treated as, a Termination for Convenience under Section 18.01.
Procedure for Termination for Cause. Termination for Cause will be automatic upon the occurrence of an incident under Subsections (2)(a)(1)(A) or (B) above. Otherwise, the Board may not terminate Executive’s employment for Cause unless:
(A) With respect to incidents under Subsections (2)(a)(1)(C), (D), (E), (F), (G), (H), (I), or (J):
(i) Executive is given reasonable written notice (in no event less than five (5) business-days’ notice) of the Board meeting called to make that determination; and
(ii) Executive and Executive’s legal counsel are given the opportunity to address the incident(s) at that meeting.
(B) In addition, with respect to incidents under Subsections 2(a)(1)(F) or (G) only, Executive is first given:
(i) Written notice by the Board or CEO specifying in detail the performance issues; and
(ii) A reasonable opportunity to cure the issues specified in the notice; provided, however, if the Company reasonably expects irreparable injury from a delay in termination, Company may terminate Executive without an opportunity to cure.
(iii) If an opportunity to cure is provided, the Company’s Board shall also determine, in its sole discretion, whether Executive has in fact cured the cause and done so in a timely manner.
Procedure for Termination for Cause. (A) Two-Year Notice. If any party shall have a right of termination for cause in accordance with this Article VII, the same may be exercised by notice of termination given to the party in default at least two (2) years prior to (or, in the case of a bankruptcy or insolvency default, a Change of Control or an Event of Default specified in clause (f) of subsection 7.2(A)(1) hereof, simultaneously with, or, in the case of an Event of Default specified in clause (d) or (e) of subsection 7.2(A)(1) hereof, six (6) months) the date of termination specified in such notice (the "Termination Date").
Procedure for Termination for Cause. If any party shall have a right of termination for cause in accordance with Sections 8.2 or 8.3, the same may be exercised by notice of termination given to the party in default at least 60 days prior to (or, in the case of a bankruptcy default, simultaneously with) the date of termination specified in such notice (the “Termination Date”).
Procedure for Termination for Cause. Termination by the Company for "cause" shall only mean termination by action of the Board of Directors of the Company because of (i) serious willful misconduct or gross negligence by the Executive in respect to his obligations under this Agreement, including without limitation the Executive's willful refusal to perform his obligations under this Agreement (unless such refusal is based on the Executive's reasonable good faith belief that the requested service or act is unlawful), the commission by the Executive of a felony, the perpetration by the Executive of a civil or criminal fraud and the commission by the Executive of an act of commercial bribery, or (ii) the inability of the Executive to perform his duties by reason of chronic alcoholism, drug abuse or other directly related conditions. Termination for "cause" shall be effected by written notice thereof delivered by the Company to the Executive, stating in detail the grounds therefor, and shall be effective thirty (30) days following the date of such notice; provided, however, that, if (i) such termination is because of the Executive's willful refusal to perform any one or more of his obligations under this Agreement, (ii) such notice is the first notice of termination delivered by the Company to the Executive hereunder and (iii) within thirty (30) days following the date of such notice the Executive has used his best efforts to discharge such obligations, the termination shall not be effective. The Executive may, by written notice given to the Board of Directors of the Company within ten (10) days following receipt of the notice of termination, cause the manner of the termination of this Agreement by the Company to be reviewed by the Board of Directors of the Company prior to the Termination Date at a regular or special meeting of the Board of Directors. The Executive shall be entitled to be represented by counsel at such meeting, which shall be conducted according to a procedure deemed equitable by a majority of the directors. If at such meeting it shall be determined that there does not exist proper cause to terminate this Agreement, the Executive shall be reinstated or shall continue his employment, as the case may be, and all of the provisions of this Agreement shall continue in effect as if the notice of termination had not been given; the Executive shall be entitled to receive the compensation and all other benefits provided herein from the date the notice of termination became effective throu...
Procedure for Termination for Cause. Before terminating a unit member's contract, the Board must furnish the unit member written notice of its intention to consider the termination of such contract. The notice shall include full specification of the grounds upon which the Board intends to consider termination. The Board may suspend a unit member pending final action to terminate the contract if, in the Board's judgment, the character of the charges warrants such action. Within ten (10) days after a unit member has received such notice, the unit member may file with the Treasurer of the Board a written demand for a hearing before either the Board or a referee. The Board also has the right to demand that the hearing be held before a referee. The Board must schedule the hearing to be held within thirty (30) days from the receipt of the written demand, and the Treasurer shall give the unit member at least twenty (20) days’ notice in writing of the time and place of such hearing. If the hearing is to be before a referee, the Treasurer must also give notice to the Superintendent of Public Instruction. No hearing may be held during summer vacation without the unit member's consent. If the hearing is to be held before the Board, the hearing must be conducted by a majority of the members of the Board. In preparing the charges for termination, it is important that the Board confine the hearing to the grounds given for termination.
Procedure for Termination for Cause. 23 ARTICLE 13 - DESIGNATION OF REPRESENTATIVES ................................ 24 13.1. LIPA Representative ........................................... 24 13.2. GENCO Representative .......................................... 24
Procedure for Termination for Cause. Termination for Cause will be automatic upon the occurrence of an incident under Subsections (2)(a)(1)(A) or (B) above. Otherwise, the Board may not terminate Executive’s employment for Cause unless: (A) With respect to incidents under Subsections (2)(a)(1)(C), (D), (E), (F), (G), (H), (I), or (J): (i) Executive is given reasonable written notice (in no event less than five (5) business days’ notice) of the Board meeting called to make that determination; and (ii) Executive and Executive’s legal counsel are given the opportunity to address the incident(s) at that meeting.
Procedure for Termination for Cause. (i) Three (3)
