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Common use of Termination by Employer for Cause Clause in Contracts

Termination by Employer for Cause. If Executive is terminated for Cause: (i) Employer shall pay to Executive the Accrued Obligations, (ii) Executive’s participation in the Benefit Plans shall terminate as of the Termination Date, and (iii) Employer shall have no further obligations to Executive under this Agreement, other than those provided in this Section 5.2. For purposes of this Agreement, “Cause” means: (a) Executive’s failure to substantially perform Executive’s duties with the Company (if Executive has not cured such failure to substantially perform, if curable, within thirty (30) days after Executive’s receipt of written notice thereof from the Board that specifies the conduct constituting Cause under this clause (a)); (b) Executive’s willful misconduct, or gross negligence in the performance of Executive’s duties hereunder; (c) the conviction of Executive for, or the entering by Executive of a guilty plea or plea of no contest with respect to, any crime that constitutes a felony or involves fraud, dishonesty or moral turpitude; (d) Executive’s commission of an act of fraud, embezzlement or misappropriation against the Company; (e) Executive’s material breach of the fiduciary duty owed by Executive to the Company; (f) Executive’s engaging in any improper conduct that has or is likely to have an adverse economic or reputational impact on the Company; or (g) Executive’s material breach of this Agreement.

Appears in 7 contracts

Samples: Employment Agreement (Applied Genetic Technologies Corp), Employment Agreement (Applied Genetic Technologies Corp), Employment Agreement (Applied Genetic Technologies Corp)

Termination by Employer for Cause. If Executive is terminated for Cause: (i) Employer shall pay to Executive the Accrued Obligations, (ii) Executive’s participation in the Benefit Plans shall terminate as of the Termination Date, and (iii) Employer shall have no further obligations to Executive under this Agreement, other than those provided in this Section 5.2. For purposes of this Agreement, “Cause” means: (a) Executive’s failure to substantially perform Executive’s duties with the Company (if Executive has not cured such failure to substantially perform, if curable, within thirty (30) days after Executive’s receipt of written notice thereof from the Board that specifies the conduct constituting Cause under this clause (a)); (b) Executive’s willful misconduct, or gross negligence in the performance of Executive’s duties hereunder; (c) the conviction of Executive forExecutive, or the entering by Executive of a guilty plea or plea of no contest with respect to, any crime that constitutes a felony or involves fraud, dishonesty or moral turpitude; (d) Executive’s commission of an act of fraud, embezzlement or misappropriation against the Company; (e) Executive’s material breach of the fiduciary duty owed by Executive to the Company; (f) Executive’s engaging in any improper conduct that has or is likely to have an adverse economic or reputational impact on the Company; or (g) Executive’s material breach of this Agreement.

Appears in 3 contracts

Samples: Employment Agreement, Employment Agreement (Applied Genetic Technologies Corp), Employment Agreement (Applied Genetic Technologies Corp)

Termination by Employer for Cause. If Executive is terminated for Cause: (i) Employer shall pay to Executive the Accrued Obligations, (ii) Executive’s 's participation in the Benefit Plans shall terminate as of the Termination Date, and (iii) Employer shall have no further obligations to Executive under this Agreement, other than those provided in this Section 5.25.02. For purposes of this Agreement, "Cause" means: (a) Executive’s 's failure to substantially perform Executive’s 's duties with the Company (if Executive has not cured such failure to substantially perform, if curable, within thirty (30) days after Executive’s 's receipt of written notice thereof from the Board that specifies the conduct constituting Cause under this clause (a)); (b) Executive’s 's willful misconduct, or gross negligence in the performance of Executive’s 's duties hereunder; (c) the conviction of Executive forExecutive, or the entering by Executive of a guilty plea or plea of no contest with respect to, any crime that constitutes a felony or involves fraud, dishonesty or moral turpitude; (d) Executive’s 's commission of an act of fraud, embezzlement or misappropriation against the Company; (e) Executive’s 's material breach of the fiduciary duty owed by Executive to the Company; (f) Executive’s 's engaging in any improper conduct that has or is likely to have an adverse economic or reputational impact on the Company; or (g) Executive’s 's material breach of this AgreementAgreement (if Executive has not cured such breach, if curable, within thirty (30) days after Executive's receipt of written notice thereof from the Board that specifies the conduct constituting Cause under this clause (g)).

Appears in 3 contracts

Samples: Employment Agreement (Macrogenics Inc), Employment Agreement (Macrogenics Inc), Employment Agreement (Macrogenics Inc)

Termination by Employer for Cause. If Executive is terminated for Cause: (i) Employer shall pay to Executive the Accrued Obligations, (ii) Executive’s participation in the Benefit Plans shall terminate as of the Termination Date, and (iii) Employer shall have no further obligations to Executive under this Agreement, other than those provided in this Section 5.25.02. For purposes of this Agreement, “Cause” means: (a) Executive’s failure to substantially perform Executive’s duties with the Company (if Executive has not cured such failure to substantially perform, if curable, within thirty (30) days after Executive’s receipt of written notice thereof from the Board that specifies the conduct constituting Cause under this clause (a)); (b) Executive’s willful misconduct, or gross negligence in the performance of Executive’s duties hereunder; (c) the conviction of Executive forExecutive, or the entering by Executive of a guilty plea or plea of no contest with respect to, any crime that constitutes a felony or involves fraud, dishonesty or moral turpitude; (d) Executive’s commission of an act of fraud, embezzlement or misappropriation against the Company; (e) Executive’s material breach of the fiduciary duty owed by Executive to the Company; (f) Executive’s engaging in any improper conduct that has or is likely to have an adverse economic or reputational impact on the Company; or (g) Executive’s material breach of this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Macrogenics Inc), Employment Agreement (Macrogenics Inc)

Termination by Employer for Cause. If Executive is terminated for Cause: (i) Employer shall pay to Executive the Accrued Obligations, (ii) Executive’s 's participation in the Benefit Plans shall terminate as of the Termination Date, and (iii) Employer shall have no further obligations to Executive under this Agreement, other than those provided in this Section 5.25.02. For purposes of this Agreement, "Cause" means: (a) Executive’s 's failure to substantially perform Executive’s 's duties with the Company (if Executive has not cured such failure to substantially perform, if curable, within thirty (30) days after Executive’s 's receipt of written notice thereof from the Board that specifies the conduct constituting Cause under this clause (a)); (b) Executive’s 's willful misconduct, or gross negligence in the performance of Executive’s 's duties hereunder; (c) the conviction of Executive forExecutive, or the entering by Executive of a guilty plea or plea of no contest with respect to, any crime that constitutes a felony or involves fraud, dishonesty or moral turpitude; (d) Executive’s 's commission of an act of fraud, embezzlement or misappropriation against the Company; (e) Executive’s 's material breach of the fiduciary duty owed by Executive to the Company; (f) Executive’s 's engaging in any improper conduct that has or is likely to have an adverse economic or reputational impact on the Company; or (g) Executive’s 's material breach of this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Macrogenics Inc), Employment Agreement (Macrogenics Inc)

Termination by Employer for Cause. If Executive is terminated for Cause: (i) Employer shall pay to Executive the Accrued Obligations, (ii) Executive’s participation in the Benefit Plans shall terminate as of the Termination Date, and (iii) Employer shall have no further obligations to Executive under this Agreement, other than those provided in this Section 5.25.02. For purposes of this Agreement, “Cause” means: (a) Executive’s failure to substantially perform Executive’s duties with the Company (if Executive has not cured such failure to substantially perform, if curable, within thirty (30) days after Executive’s receipt of written notice thereof from the Board that specifies the conduct constituting Cause under this clause (a)); (b) Executive’s willful misconduct, or gross negligence in the performance of Executive’s duties hereunder; (c) the conviction of Executive forExecutive, or the entering by Executive of a guilty plea or plea of no contest with respect to, any crime that constitutes a felony or involves fraud, dishonesty or moral turpitude; (d) Executive’s commission of an act of fraud, embezzlement or misappropriation against the Company; (e) Executive’s material breach of the fiduciary duty owed by Executive to the Company; (f) Executive’s engaging in any improper conduct that has or is likely to have an adverse economic or reputational impact on the Company; or (g) Executive’s material breach of this AgreementAgreement (if Executive has not cured such breach, if curable, within thirty (30) days after Executive’s receipt of written notice thereof from the Board that specifies the conduct constituting Cause under this clause (g)).

Appears in 1 contract

Samples: Employment Agreement (Macrogenics Inc)

Termination by Employer for Cause. If Executive is terminated Employer may, at its option, terminate Executive’s employment for Cause: ” by unilateral action of the Board of Managers upon giving a notice of termination to Executive. “Cause” shall mean (i) Employer shall pay to Executive Executive’s conviction of, or guilty plea to, a crime of moral turpitude (whether or not a felony) or a felony (other than traffic violations) or any lesser crime or offense involving the Accrued Obligations, property of Employer; (ii) any act(s) or omission(s) by Executive which constitutes gross negligence or a breach of Executive’s participation in the Benefit Plans shall terminate as duty of the Termination Date, and loyalty; (iii) Employer shall have no further obligations a continued failure by Executive to Executive under this Agreement, satisfactorily perform his duties hereunder or to comply with the reasonable instructions of the Board of Managers (other than those provided a failure resulting from a Disability as defined in this Section 5.2. For purposes 3.1.2 hereof) for a period of this Agreement, “Cause” means: thirty (a30) Executive’s failure to substantially perform Executive’s duties with days after written demand for satisfactory performance or compliance is delivered on behalf of the Company (if Board of Managers specifically identifying the manner in which Employer believes Executive has not satisfactorily performed or complied; (iv) if Executive is regularly under the influence of alcohol or illegal substances while performing services for Employer; (v) any material breach by Executive of Employer’s personnel policies prohibiting acts of discrimination or harassment; or (vi) a material violation or breach by Executive of this Employment Agreement (other than an event described in the foregoing clauses (ii), (iii), (iv) or (v)) which has not been cured such failure to substantially perform, if curable, within thirty (30) days after Executive’s receipt notice of written notice thereof such breach has been given by Employer to Executive (other than a breach resulting from a Disability as defined in Section 3.1.2 hereof); provided that, if in the reasonable opinion of the Board of Managers the nature of such breach or violation is such that specifies the conduct constituting Cause under this clause (a)); (b) Executive’s willful misconductit cannot be so cured, or gross negligence in the performance of Executive’s duties hereunder; (c) the conviction of Executive for, or the entering by Executive of a guilty plea or plea of no contest with respect to, any crime that constitutes a felony or involves fraud, dishonesty or moral turpitude; (d) Executive’s commission of an act of fraud, embezzlement or misappropriation against the Company; (e) Executive’s material breach of the fiduciary duty owed by Executive to the Company; (f) Executive’s engaging in any improper conduct that has or is likely to have an adverse economic or reputational impact on the Company; or (g) Executive’s material breach of this Agreementthen such termination shall be effective upon notice thereof.

Appears in 1 contract

Samples: Employment Agreement (Iroko Pharmaceuticals Inc.)