Separation for Cause. At any time during the term of this Agreement, the Company may separate Executive's employment for cause, in which event Executive's employment will immediately terminate. For the purpose of this Agreement, the Company shall have "Cause" to separate Executive's employment for any of the following reasons: (1) dishonesty or fraud, (2) disclosure of confidential information regarding the Company, (3) aiding a competitor (as defined in the Non-compete provisions of the Letter Agreement) of the Company or other material breach of the Non-compete provisions of the Letter Agreement, (4) the use by Executive of controlled substances (not legally prescribed by a physician) or the use of alcohol that interferes, in the sole but good faith discretion of the Company, with the performance of Executive duties, (5) willful misconduct, acts of moral turpitude, malfeasance or gross negligence in the performance of his duties hereunder, or (6) the failure to obtain and maintain all licenses, qualifications and credentials required by any state or Federal agency or authority having jurisdiction over the Company, or its employees or properties, in any case under clauses (1) through (6) that are materially injurious to the business or reputation of the Company or any of it affiliates, as determined in good faith by the Board or the CEO. Separation for Cause must be approved by the CEO or the Board but only after reasonable notice to Executive and a reasonable opportunity to explain and cure the conduct, unless under the circumstances there is no cure or the time required for a cure would materially harm the Company or any of its affiliates. The failure of Executive to meet financial projections, budgets or target performance objectives shall not be deemed willful misconduct or gross negligence for the purposes of this Agreement.
Separation for Cause. (1) Notwithstanding the provisions of Section 5.C, the Employee may be terminated for cause. As used in this section, "cause" shall mean only one or more the following:
Separation for Cause. (1) Notwithstanding the provisions of Section 6.0, the City Manager may be terminated for ca use.
(a) Willful misconduct;
(b) Malfeasance;
(c) Dishonesty for personal gain;
(d) Conviction of a felony;
(e) Conviction of a misdemeanor involving moral turpitude;
(f) Continued abuse of drugs or alcohol that materially affects the performance of the Manager's duties;
(g) Repeated and protracted unexcused absences from the City Manager's office and duties;
(h) Willful abandon of duties; or
(i) Acceptance of employment from another source which is inconsistent with full- time employment as Xxxxxxx'x City Manager.
(2) In the event the City terminates the City Manager for cause, then the City may terminate this Agreement immediately, and the City Manager shall be entitled to only the compensation accrued up to the date of termination, and such other termination benefits and payments as may be required by law. The City Manager shall not be entitled to any severance benefits.
(3) In the event the City terminates the City Manager for cause, the City and the City Manager agree neither Party shall make any written or oral statements to members of the public or the press concerning the City Manager's termination except in the form of a joint press release which is mutually agreeable to both Parties. The joint press release shall not contain any text or information that would be disparaging to either Party. Provided, however, that either Party may verbally repeat the substance of any such press release in response to inquiries by members of the press or public.
(4) In the event the City Manager dies while employed by the City under this Agreement, the City Manager's beneficiaries or those entitled to the City Manager's estate, shall be entitled to the City Manager’s earned salary, and any in-lieu payments for accrued benefits, including compensation for the value of all accrued leave balances.
Separation for Cause. (1) In the event Xxxxxxxx proposes to terminate this Agreement "for cause," it shall notify the Chancellor & Xxxx in writing, specifying the reasons for termination; provide a ten (10) day opportunity to cure, if cure of the cause for termination is possible; and extend to the Chancellor & Xxxx the right to request a hearing pursuant to applicable law before the Board prior to the Board taking final action. Each Party shall bear its own legal expenses, if any, incident to such a hearing. Termination “for cause” shall become effective upon final action of the Board. Termination "for cause" is a termination under any of the following circumstances:
(a) Conviction of a felony or conviction of a misdemeanor involving moral turpitude;
(b) Unethical business practices;
(c) Willful misconduct, gross negligence and or repeated failures in the discharge of his duties as Chancellor & Xxxx;
(d) Material violation of Hastings’ policies;
(e) Termination as a tenured member of Hastings Faculty; or
(f) Material breach of this Agreement or the Performance Plan referenced herein in Section 2.C.(1)
(2) In the event Hastings terminates this Agreement “for cause”, the Chancellor & Xxxx shall be entitled to only the compensation accrued up to the date of termination and such other termination benefits and payments as may be required by law. The Chancellor & Xxxx shall not be entitled to any severance benefits provided by Section
Separation for Cause. (1) Notwithstanding the provisions of Sections 4.B. and 4.X., Officer may be terminated for cause. As used in this Section, “cause” shall mean only one or more of the following:
(a) Conviction of, or no contest plea to, a felony;
(b) Conviction of, or no contest plea to, any illegal act involving moral turpitude or personal gain;
(c) Continued abuse of non-prescription drugs or alcohol that materially affects the performance of the City Manager’s duties;
(d) Any act constituting a knowing and intentional violation of the City’s Conflict of Interest Code or adopted City Council Policies; or
(e) Repeated and protracted unexcused absences from the City Manager’s office and/or duties.
(2) In the event the City terminates Officer for cause, then the City may terminate this Agreement immediately, and the City is not required to follow the procedures of Imperial Beach Municipal Code Section
Separation for Cause. (1) Notwithstanding the severance provisions of Section V.C, the City Administrator may be terminated for cause at any time. Termination for cause means termination based upon (a) a malfeasance of any nature by the City Administrator occurring in the course and scope of the City Administrator’s duties as City Administrator, or (b) a conviction or plea of guilty or nolo contendere, in a criminal action against the City Administrator individually involving any felony, crime of moral turpitude, or (c) violation of statute or law constituting forfeiture of office, misconduct in office for personal gain, misuse of public funds for personal benefit, or conflict of interest.
(2) In the event the City terminates the City Administrator for cause, then the City may terminate this Agreement immediately, and the City Administrator shall be entitled to only the compensation, vested leave balances, pension and insurance payments and balances accrued up to the date of termination, and such other termination benefits and payments as may be required by law or provided to other City officers. If the City Administrator is terminated for cause, then she shall not be entitled to any severance benefits provided by Section V.C.
Separation for Cause. (1) The City Manager may be terminated “for cause” which shall mean only one or more of the following:
(a) Conviction of a felony or a misdemeanor involving moral turpitude.
(b) Continued abuse of non-prescription or prescription drugs, alcohol or controlled substances that affect the performance of the City Manager's duties.
(c) Willful misconduct as defined and implemented by the provisions of Municipal Code Sections 2.08.150 and 2.08.
Separation for Cause. 1) Notwithstanding the provisions of Section VI(C), the City Manager may be terminated for cause. As used in this section, "cause'' shall mean one or more the following:
(a) Conviction of a felony or a misdemeanor involving moral turpitude or dishonest acts for personal gain;
(b) Fraudulent or dishonest acts within the scope of his employment;
(c) Willful misconduct or malfeasance;
(d) Willful breach or habitual neglect of duties.
(e) Gross negligence in the exercise of his duties.
2) In the event of termination for cause, the City may terminate this agreement immediately and City Manager shall be given written notice setting forth the reasons for such termination. Said termination shall take effect immediately or as specified by City in the Notice of Termination. In such event, City Manager shall be entitled to only the compensation accrued up to the date of termination, payments required by Section VI(E), below, and such other termination benefits and payments as may be required by law. The City Manager shall not be entitled to any severance benefits provided by Section VI(C).
Separation for Cause. Assignment to any DoD activity in CONUS or Hawaii.
Separation for Cause. At any time during the term of this Agreement, the Company may separate Executive's employment for cause, in which event Executive's employment will immediately terminate. For the purpose of this Agreement, the Company shall have "Cause" to separate Executive's employment for any of the following reasons: (1) dishonesty or fraud, (2) disclosure of confidential information (Section 8) regarding the Company or other material breach of Section 8, (3) aiding a competitor (as defined in Section 8) of the Company or other material breach of Section 8, (4) the use by Executive of controlled substances (not legally prescribed by a physician) or the use of alcohol that interferes, in the sole discretion of the Company, with the performance of Executive duties, (5) willful misconduct, acts of moral turpitude, malfeasance or gross negligence in the performance of his duties hereunder, or (6) the failure to obtain and maintain all licenses, qualifications and credentials required by any state or Federal agency or authority having jurisdiction over the Company, or its employees or properties, in any case under clauses (1) through (6) which are materially injurious to the business or reputation of the Company or any of it affiliates, as determined in good faith by the Board or the CEO. Separation for Cause must be approved by the CEO or the Board but only after reasonable notice to Executive and a reasonable opportunity to explain and cure the conduct, unless under the circumstances there is no cure or the time required for a cure would materially harm the Company or any of its affiliates. The failure of Executive to meet financial projections, budgets or target performance objectives shall not be deemed willful misconduct or gross negligence for the purposes of this Agreement. All the provisions and obligations of Executive under Section 8 will survive his Separation for Cause.
