Common use of Reasons for Termination Clause in Contracts

Reasons for Termination. The Employment Term of the Executive shall be terminated upon the occurrence of any of the following events: (a) Immediately upon the death of the Executive. (b) At the Company’s option, upon the Executive’s (i) violation of a material company policy or failure to perform any of the material duties or obligations under this Agreement; or (ii) upon any dishonesty or any kind of willful misconduct of the Executive, including but not limited to, theft of or other unauthorized personal use of company funds (termination under (i) or (ii) shall mean “for Cause”). The Executive may be terminated under paragraph 8.01(b)(i) only following thirty (30) days’ written notice to the Executive explaining the basis of the termination and his failure to cure such breach within thirty (30) days of the date of the Company’s notice. The Executive may be terminated under paragraph 8.01(b)(ii) only following ten (10) days’ written notice to the executive of the basis for the termination and an opportunity to dispute the same. (c) At the Company’s option, if the Executive shall suffer a permanent disability. For purposes of this Agreement, “permanent disability” shall be defined to mean if Executive becomes eligible to receive benefits under company’s long term disability plan. If there is no such long term disability plan, Executive will be deemed to be disabled if the Executive is disabled for purposes of the federal Social Security Act. (d) At the Company’s option, without Cause, upon thirty (30) days’ prior written notice. (e) At the Executive’s option, without cause, at any time. (f) At the Executive’s option, upon the Company’s breach of any of its material obligations under this Agreement or for Good Reason; provided that Executive has given the Company at least ten (10) days’ prior written notice of the nature of such breach and the Company has failed to cure such breach within a thirty (30) day period. For purposes herein, “Good Reason” means without the Executive’s express written consent, the assignment to the Executive of any duties or responsibilities inconsistent with the Executive’s position, or a material change in the Executive’s reporting responsibilities, titles, or offices as described under Article II, or any removal of the Executive from, or any failure to re-elect the Executive to, and such positions, except in connection with the termination of the Executive for Cause, or his disability, retirement, or death.

Appears in 3 contracts

Samples: Employment Agreement (Tower Financial Corp), Employment Agreement (Tower Financial Corp), Employment Agreement (Tower Financial Corp)

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Reasons for Termination. The Employment Term of the Executive shall be terminated upon the occurrence of any of the following events: (a) Immediately upon the death of the Executive. (b) At the Company’s 's option, upon the Executive’s 's (i) violation of a material company Company policy or failure to perform any of the his material duties or obligations under this Agreement; or (ii) upon any dishonesty or any kind of willful misconduct of the Executive, including but not limited to, theft of or other unauthorized personal use of company Company funds (termination under (i) or (ii) shall mean for "Cause"). The Executive may be terminated under paragraph 8.01(b)(i) only following thirty (30) days' written notice to the Executive explaining the basis of the termination and his failure to cure such breach within thirty (30) days of the date of the Company’s 's notice. The Executive may be terminated under paragraph 8.01(b)(ii) only following ten (10) days' written notice to the executive Executive of the basis for the termination and an opportunity to dispute the same. (c) At the Company’s 's option, if the Executive shall suffer a permanent disability. For purposes of this Agreement, "permanent disability" shall be defined as the Executive's inability through physical or mental illness or other cause to mean if Executive becomes eligible to receive benefits under company’s long term disability plan. If there is no such long term disability planperform the essential functions of Executive's position, Executive will be deemed to be disabled if with or without reasonable accommodation, in the Executive is disabled for purposes reasonable opinion of the federal Social Security ActCompany, for a period of six months during the term of this Agreement. (d) At the Company’s 's option, without Cause, upon thirty (30) days' prior written notice. (e) At the Executive’s 's option, without cause, at any time. (f) At the Executive’s 's option, upon the Company’s 's breach of any of its material obligations under this Agreement or for Good ReasonCause; provided that Executive has given the Company at least ten (10) days' prior written notice of the nature of such breach and the Company has failed to cure such breach within a thirty (30) day period. For purposes herein, “Good Reason” means without the Executive’s express written consent, the assignment to the Executive of any duties or responsibilities inconsistent with the Executive’s position, or a material change in the Executive’s reporting responsibilities, titles, or offices as described under Article II, or any removal of the Executive from, or any failure to re-elect the Executive to, and such positions, except in connection with the termination of the Executive for Cause, or his disability, retirement, or death.the

Appears in 3 contracts

Samples: Employment Agreement (Tower Financial Corp), Employment Agreement (Tower Financial Corp), Employment Agreement (Tower Financial Corp)

Reasons for Termination. The Employment Term of the Executive shall be terminated upon the occurrence of any of the following events: (a) Immediately upon the death of the Executive. (b) At the Company’s 's option, upon the Executive’s (i) 's repeated violation of a material company Company policy or repeated failure to perform any of the his material duties or obligations under this Agreement; , or (ii) upon any dishonesty or of any kind of or willful misconduct of the Executive, including including, but not limited to, theft of or other unauthorized personal use of company funds (termination under (i) or (ii) shall mean “for Cause”)Company funds. The Executive may be terminated under this paragraph 8.01(b)(i8.01(b) only following thirty (30) 10 days' written notice to the Executive explaining the basis of the termination and his failure to cure such breach within thirty (30) days of the date of the Company’s notice. The Executive may be terminated under paragraph 8.01(b)(ii) only following ten (10) days’ written notice to the executive of the basis reason for the termination and an opportunity to dispute the samesuch reason. (c) At the Company’s 's option, if the Executive shall suffer a permanent disability. For purposes of this Agreement, "permanent disability" shall be defined as the Executive's inability through physical or mental illness or other cause to mean if Executive becomes eligible to receive benefits under company’s long term disability plan. If there is no such long term disability planperform the essential functions of Executive's position, Executive will be deemed to be disabled if with or without reasonable accommodation, in the Executive is disabled for purposes opinion of the federal Social Security ActCompany, any substantial duties assigned to him hereunder for the continuous period of six months during the term of this Agreement. (d) At the Company’s 's option, without Causecause, upon thirty (30) days' prior written notice. (e) At the Executive’s 's option, without cause, at any time. (f) At the Executive’s 's option, upon the Company’s 's breach of any of its material obligations under this Agreement or for Good ReasonAgreement; provided that Executive has given the Company at least ten (10) days' prior written notice of the nature of such breach and the Company has failed to cure such breach within a thirty (30) such ten-day period. For purposes herein, “Good Reason” means without the Executive’s express written consent, the assignment to the Executive of any duties or responsibilities inconsistent with the Executive’s position, or a material change in the Executive’s reporting responsibilities, titles, or offices as described under Article II, or any removal of the Executive from, or any failure to re-elect the Executive to, and such positions, except in connection with the termination of the Executive for Cause, or his disability, retirement, or death.

Appears in 3 contracts

Samples: Employment Agreement (Tower Financial Corp), Employment Agreement (Tower Financial Corp), Employment Agreement (Tower Financial Corp)

Reasons for Termination. The Employment Term of the Executive shall be terminated upon the occurrence of any of the following events: (a) Immediately upon the death of the Executive. (b) At the Company’s option, upon the Executive’s (i) violation of a material company policy or failure to perform any of the material duties or obligations under this Agreement; or (ii) upon any dishonesty or any kind of willful misconduct of the Executive, including but not limited to, theft of or other unauthorized personal use of company funds (termination under (i) or (ii) shall mean “for Cause”). The Executive may be terminated under paragraph 8.01(b)(i) only following thirty (30) days’ written notice to the Executive explaining the basis of the termination and his her failure to cure such breach within thirty (30) days of the date of the Company’s notice. The Executive may be terminated under paragraph 8.01(b)(ii) only following ten (10) days’ written notice to the executive of the basis for the termination and an opportunity to dispute the same. (c) At the Company’s option, if the Executive shall suffer a permanent disability. For purposes of this Agreement, “permanent disability” shall be defined to mean if Executive becomes eligible to receive benefits under company’s long term disability plan. If there is no such long term disability plan, Executive will be deemed to be disabled if the Executive is disabled for purposes of the federal Social Security Act. (d) At the Company’s option, without Cause, upon thirty (30) days’ prior written notice. (e) At the Executive’s option, without cause, at any time. (f) At the Executive’s option, upon the Company’s breach of any of its material obligations under this Agreement or for Good Reason; provided that Executive has given the Company at least ten (10) days’ prior written notice of the nature of such breach and the Company has failed to cure such breach within a thirty (30) day period. For purposes herein, “Good Reason” means without the Executive’s express written consent, the assignment to the Executive of any duties or responsibilities inconsistent with the Executive’s position, or a material change in the Executive’s reporting responsibilities, titles, or offices as described under Article II, or any removal of the Executive from, or any failure to re-elect the Executive to, and such positions, except in connection with the termination of the Executive for Cause, or his her disability, retirement, or death.

Appears in 1 contract

Samples: Employment Agreement (Tower Financial Corp)

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Reasons for Termination. The Employment Term of the Executive shall be terminated upon the occurrence of any of the following events: (a) Immediately upon the death of the Executive. (b) At the Company’s 's option, upon the Executive’s 's (i) violation of a material company Company policy or failure to perform any of the his material duties or obligations under this Agreement; or (ii) upon any dishonesty or any kind of willful misconduct of the Executive, including but not limited to, theft of or other unauthorized personal use of company funds (termination under (i) or (ii) shall mean “for Cause”)Company funds. The Executive may be terminated under paragraph 8.01(b)(i) only following thirty (30) days’ days written notice to the Executive explaining the basis of the termination and his failure to cure such breach within thirty (30) days of the date of the Company’s 's notice. The Executive may be terminated under paragraph 8.01(b)(ii) only following ten (10) days’ days written notice to the executive Executive of the basis for the termination and an opportunity to dispute the same. (c) At the Company’s 's option, if the Executive shall suffer a permanent disability. For purposes of this Agreement, "permanent disability" shall be defined as the Executive's inability through physical or mental illness or other cause to mean if Executive becomes eligible to receive benefits under company’s long term disability plan. If there is no such long term disability planperform the essential functions of Executive's position, Executive will be deemed to be disabled if with or without reasonable accommodation, in the Executive is disabled for purposes reasonable opinion of the federal Social Security ActCompany, for a continuous period of six (6) months during the term of this Agreement. (d) At the Company’s 's option, without Causecause, upon thirty (30) days' prior written notice. (e) At the Executive’s 's option, without cause, at any time. (f) At the Executive’s 's option, upon the Company’s 's breach of any of its material obligations under this Agreement or for Good ReasonCause; provided that Executive has given the Company at least ten (10) days' prior written notice of the nature of such breach and the Company has failed to cure such breach within a such thirty (30) day period. For purposes herein, "Good Reason” Cause" means without the Executive’s 's express written consent, the assignment to the Executive of any duties or responsibilities inconsistent with the Executive’s 's position, or a material change in the Executive’s 's reporting responsibilities, titles, titles or offices as described under Article II, or any removal of the Executive from, or any failure to re-elect the Executive to, and any such positions, except in connection with the termination of the Executive for Executive's For Cause, or his disability, retirement, retirement or death.

Appears in 1 contract

Samples: Employment Agreement (Tower Financial Corp)

Reasons for Termination. The Employment Term of the Executive shall be terminated upon the occurrence of any of the following events: (a) Immediately upon the death of the Executive. (b) At the Company’s option, upon the Executive’s (i) violation of a material company policy or failure to perform any of the material duties or obligations under this Agreement; or (ii) upon any dishonesty or any kind of willful misconduct of the Executive, including but not limited to, theft of or other unauthorized personal use of company funds (termination under (i) or (ii) shall mean “for Cause”). The Executive may be terminated under paragraph 8.01(b)(i) only following thirty (30) days’ written notice to the Executive explaining the basis of the termination and his failure to cure such breach within thirty (30) days of the date of the Company’s notice. The Executive may be terminated under paragraph 8.01(b)(ii) only following ten (10) days’ written notice to the executive of the basis for the termination and an opportunity to dispute the same. (c) At the Company’s option, if the Executive shall suffer a permanent disability. For purposes of this Agreement, “permanent disability” shall be defined as the Executive’s inability through physical or mental illness or other cause to mean if Executive becomes eligible to receive benefits under companyperform the essential functions of Executive’s long term disability plan. If there is no such long term disability planposition, Executive will be deemed to be disabled if with or without reasonable accommodation, in the Executive is disabled for purposes reasonable opinion of the federal Social Security ActCompany, for a period of six months during the term of this Agreement. (d) At the Company’s option, without Cause, upon thirty (30) days’ prior written notice. (e) At the Executive’s option, without cause, at any time. (f) At the Executive’s option, upon the Company’s breach of any of its material obligations under this Agreement or for Good ReasonCause; provided that Executive has given the Company at least ten (10) days’ prior written notice of the nature of such breach and the Company has failed to cure such breach within a thirty (30) day period. For purposes herein, “Good ReasonCause” means without the Executive’s express written consent, the assignment to the Executive of any duties or responsibilities inconsistent with the Executive’s position, or a material change in the Executive’s reporting responsibilities, titles, or offices as described under Article II, or any removal of the Executive from, or any failure to re-elect the Executive to, and such positions, except in connection with the termination of the Executive for Cause, or his disability, retirement, or death.

Appears in 1 contract

Samples: Employment Agreement (Tower Financial Corp)

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