Termination by Company for Cause; Termination by Employee without Good Reason. Company may terminate Employee’s employment with Company at any time for Cause. Employee may terminate Employee’s employment with Company without Good Reason upon thirty (30) days written notice to Company. For purposes of this Agreement, “Cause” means any of the following (A) embezzlement or theft by Employee from Company or one of its subsidiaries, or the Employee’s conviction of, or plea of guilty or nolo contendere to (i) any felony or (ii) another crime involving dishonesty or moral turpitude or that could reflect negatively upon Company or one of its subsidiaries or otherwise impair or impede its or their operations; (B) any act or omission by Employee that is a material breach of Employee’s obligations under this Agreement or other agreement with Company: (C) Employee’s failure to substantially or satisfactorily perform Employee’s duties for Company or one of its subsidiaries (other than as a result of incapacity due to physical or mental illness) which failure has not been cured, as reasonably determined by Company, by Employee after thirty (30) days written notice thereof to Employee by Company; (D) Employee’s material breach of a written policy of the Employer or one of its subsidiaries; or (E) conduct by Employee that is materially injurious to Company or one of its subsidiaries, monetarily or otherwise, including, without limitation, Employee’s engaging in dishonesty, violence or threat of violence.
Termination by Company for Cause; Termination by Employee without Good Reason. (i) During the Term. If, during the Term, Company should terminate Employee's employment for Cause or Employee should terminate his employment without Good Reason, Employee will be entitled only to be paid the pro-rata annual base salary otherwise payable to Employee under paragraph (a) of Section 4 through the date of termination. All Performance Shares that are unvested on the date of termination shall be forfeited.
Termination by Company for Cause; Termination by Employee without Good Reason
