Common use of Termination by Authority for Cause Clause in Contracts

Termination by Authority for Cause. Authority may and, under certain circumstances as described below, shall terminate this Agreement at any time for Cause which shall be defined as any lawful reason in good faith relied upon by the Board, including, but not limited to any of the following: Executive Director breaches any material duty or obligation under this Agreement; Executive Director refuses or is unwilling or fails to perform any of the duties set forth in this Agreement or the applicable job description after a written instruction from the Board to do so; Executive Director is convicted of any felony or misdemeanor, including without limitation fraud, embezzlement, theft, or any other crime against the Authority, a tenant, or the Commonwealth of Massachusetts; including, but not limited to, the offer, payment solicitation or acceptance of any unlawful bribe or kickback with respect to Authority’s business; Executive Director engages in intentional or grossly negligent conduct which adversely or materially affects Authority, including but not limited to its reputation; Executive Director has engaged in conduct, or caused the Authority to engage in conduct, which violates any Federal or state statute, regulation, or administrative guidance, including without limitation a violation of the Massachusetts Conflicts of Interest law (X.X. x. 268A) or regulations of the Federal government or the Commonwealth of Massachusetts governing local housing authorities; Authority has reasonable basis to determine that Executive Director has committed any other criminal act or act of moral turpitude; or Executive Director is repeatedly absent from work (excluding vacations, illnesses, disability leaves, or other leaves of absence approved by the Board). In the event that Cause is based on the conviction of the Executive Director of any felony or misdemeanor pursuant to Section 9(b)(i)(c) above, this Agreement shall automatically terminate as of the date of such conviction, without the requirement of any action by the Authority. In all other circumstances, prior to termination, the Board shall adopt a resolution by affirmative vote at a meeting of the Board called for such purpose (after reasonable notice to Executive Director and an opportunity for Executive Director to be heard before the Board at or prior to the meeting called for such purpose), finding by vote of the majority of the members present, that in the good faith opinion of the Board, Executive Director’s conduct constitutes “Cause” and specifying the particulars thereof. Provided, that nothing contained herein shall prevent the Board from immediately suspending Executive Director without pay prior to formal Notice of Termination or pending an opportunity to be heard, if the Board believes that the Executive Director’s conduct warrants immediate action for the good of the Authority. The Board shall terminate this Agreement if it finds “Cause” under one or more of subsections 9(b)(i)(d), (e) or (f) above. In all other cases, the Board shall have discretion to terminate this Agreement or take other action based on a determination, in its sole discretion, as to the severity of the conduct constituting “Cause.” Any disputes regarding termination or other disciplinary action by the Board shall be subject to the dispute resolution procedures set forth in Section 12 below.

Termination by Authority for Cause. Authority may and, under certain circumstances as described below, shall terminate this Agreement at any time for Cause which shall be defined as any lawful reason in good faith relied upon by the Board, including, but not limited to any of the following: Executive Director breaches any material duty or obligation under this Agreement; Executive Director refuses or is unwilling or fails to perform any of the duties set forth in this Agreement or the applicable job description after a written instruction from the Board to do so; Executive Director is convicted of any felony or misdemeanor, including without limitation fraud, embezzlement, theft, or any other crime against the Authority, a tenant, or the Commonwealth of Massachusetts; including, but not limited to, the offer, payment solicitation or acceptance of any unlawful bribe or kickback with respect to Authority’s business; Executive Director engages in intentional or grossly negligent conduct which adversely or materially affects Authority, including but not limited to its reputation; Executive Director has engaged in conduct, or caused the Authority to engage in conduct, which violates any Federal or state statute, regulation, or administrative guidance, including without limitation a violation of the Massachusetts Conflicts of Interest law (X.X. x. 268A) or regulations of the Federal government or the Commonwealth of Massachusetts governing local housing authorities; Authority has reasonable basis to determine that Executive Director has committed any other criminal act or act of moral turpitude; or Executive Director is repeatedly absent from work (excluding vacations, illnesses, disability leaves, or other leaves of absence approved by the Board). In the event that Cause Xxxxx is based on the conviction of the Executive Director of any felony or misdemeanor pursuant to Section 9(b)(i)(c) above, this Agreement shall automatically terminate as of the date of such conviction, without the requirement of any action by the Authority. In all other circumstances, prior to termination, the Board shall adopt a resolution by affirmative vote at a meeting of the Board called for such purpose (after reasonable notice to Executive Director and an opportunity for Executive Director to be heard before the Board at or prior to the meeting called for such purpose), finding by vote of the majority of the members present, that in the good faith opinion of the Board, Executive Director’s conduct constitutes “Cause” and specifying the particulars thereof. Provided, that nothing contained herein shall prevent the Board from immediately suspending Executive Director without pay prior to formal Notice of Termination or pending an opportunity to be heard, if the Board believes that the Executive Director’s conduct warrants immediate action for the good of the Authority. The Board shall terminate this Agreement if it finds “Cause” under one or more of subsections 9(b)(i)(d), (e) or (f) above. In all other cases, the Board shall have discretion to terminate this Agreement or take other action based on a determination, in its sole discretion, as to the severity of the conduct constituting “Cause.” Any disputes regarding termination or other disciplinary action by the Board shall be subject to the dispute resolution procedures set forth in Section 12 below.