Termination by Employer. (a) Employer may terminate Executive's employment for cause, which is defined as follows: i) Fraud, malfeasance, or embezzlement against Employer's assets or conviction of any felony; ii) Except under circumstances of disability contemplated by the provisions of Paragraph 10, cessation of Executive's performance of Executive's duties hereunder or deliberate and substantial failure to perform them in a capable and conscientious manner; iii) Violation of the provisions of Paragraph 14; or iv) Deliberate and substantial breach of Executive's material obligations under any other provision hereof that is not cured within 30 days after notice to Executive of the breach. (b) Should the Board of Directors of Employer determine cause exists, as defined in Subparagraph (a), to terminate Executive's employment, prior to termination for such cause, Employer shall provide Executive written notice reasonably describing the basis for the contemplated termination and a two-week period of time in which to respond in writing and in person prior to Employer's final determination of cause. During the period between such notice and final determination, the Board may suspend the performance of Executive's duties under this Agreement and direct Executive's non-attendance at work. However, Executive's right to compensation under this Agreement shall continue through and to any final termination of employment for cause. (c) Employer may terminate Executive's employment at any time without cause, subject to the applicable provisions of Paragraph 5. During the period between such notice and final determination, the Board may suspend the performance of Executive's duties under this Agreement and direct Executive's non-attendance at work.
Appears in 9 contracts
Samples: Employment Agreement (Uqm Technologies Inc), Employment Agreement (Uqm Technologies Inc), Employment Agreement (Uqm Technologies Inc)
Termination by Employer. (a) Employer may terminate Executive's employment for cause, which is defined as follows:
i) : Fraud, malfeasance, or embezzlement against Employer's assets or conviction of any felony;
ii) ; Except under circumstances of disability contemplated by the provisions of Paragraph 10, cessation of Executive's performance of Executive's duties hereunder or deliberate and substantial failure to perform them in a capable and conscientious manner;
iii) ; Violation of the provisions of Paragraph 14; or
iv) or Deliberate and substantial breach of Executive's material obligations under any other provision hereof that is not cured within 30 days after notice to Executive of the breach.
(b) . Should the Board of Directors of Employer determine cause exists, as defined in Subparagraph (a), to terminate Executive's employment, prior to termination for such cause, Employer shall provide Executive written notice reasonably describing the basis for the contemplated termination and a two-week period of time in which to respond in writing and in person prior to Employer's final determination of cause. During the period between such notice and final determination, the Board may suspend the performance of Executive's duties under this Agreement and direct Executive's non-attendance at work. However, Executive's right to compensation under this Agreement shall continue through and to any final termination of employment for cause.
(c) . Employer may terminate Executive's employment at any time without cause, subject to the applicable provisions of Paragraph 5. During the period between such notice and final determination, the Board may suspend the performance of Executive's duties under this Agreement and direct Executive's non-attendance at work.
Appears in 5 contracts
Samples: Employment Agreement (Uqm Technologies Inc), Employment Agreement (Uqm Technologies Inc), Employment Agreement (Uqm Technologies Inc)
Termination by Employer. (a) Employer may terminate Executive's employment for cause, which is defined as follows:
i) : Fraud, malfeasance, or embezzlement against Employer's assets or conviction of any felony;
ii) ; Except under circumstances of disability contemplated by the provisions of Paragraph 10, cessation of Executive's performance of Executive's duties hereunder or deliberate and substantial failure to perform them in a capable and conscientious manner;
iii) ; Violation of the provisions of Paragraph 14; or
iv) or Deliberate and substantial breach of Executive's material obligations under any other provision hereof that is not cured within 30 days after notice to Executive of the breach.
(b) . Should the Board of Directors of Employer determine cause exists, as defined in Subparagraph (a), to terminate Executive's employment, prior to termination for such cause, Employer shall provide Executive written notice reasonably describing the basis for the contemplated termination and a two-week period of time in which to respond in writing and in person prior to Employer's final determination of cause. During the period between such notice and final determination, the Board may suspend the performance of Executive's duties under this Agreement and direct Executive's non-attendance at work. However, Executive's right to compensation under this Agreement shall continue through and to any final termination of employment for cause.
(c) . Employer may terminate Executive's employment at any time upon three (3) months notice without cause, subject to the applicable provisions of Paragraph 5. During the period between such notice and final determination, the Board may suspend the performance of Executive's duties under this Agreement and direct Executive's non-attendance at work.
Appears in 2 contracts
Samples: Employment Agreement (Uqm Technologies Inc), Employment Agreement (Uqm Technologies Inc)
Termination by Employer. (a) Employer may terminate Executive's employment for cause, which is defined as follows:
(i) Fraud, malfeasance, or embezzlement against Employer's assets or conviction of any felony;
(ii) Except under circumstances of disability contemplated by the provisions of Paragraph 10, cessation of Executive's performance of Executive's duties hereunder or deliberate and substantial failure to perform them in a capable and conscientious manner;
(iii) Violation of the provisions of Paragraph 14; or
(iv) Deliberate and substantial breach of Executive's material obligations under any other provision hereof that is not cured within 30 days after notice to Executive of the breach.
(b) Should the Board of Directors of Employer determine cause exists, as defined in Subparagraph (a), to terminate Executive's employment, prior to termination for such cause, Employer shall provide Executive written notice reasonably describing the basis for the contemplated termination and a two-week period of time in which to respond in writing and in person prior to Employer's final determination of cause. During the period between such notice and final determination, the Board may suspend the performance of Executive's duties under this Agreement and direct Executive's non-attendance at work. However, Executive's right to compensation under this Agreement shall continue through and to any final termination of employment for cause.
(c) Employer may terminate Executive's employment at any time upon three (3) months notice without cause, subject to the applicable provisions of Paragraph 5. During the period between such notice and final determination, the Board may suspend the performance of Executive's duties under this Agreement and direct Executive's non-attendance at work.
Appears in 2 contracts
Samples: Employment Agreement (Uqm Technologies Inc), Employment Agreement (Uqm Technologies Inc)
Termination by Employer. (a) During the Initial Term, Employer may terminate Executive's employment for cause, which is defined as follows:
i) Fraud, malfeasance, or embezzlement against Employer's assets or conviction of any felony;
ii) Except under circumstances of disability contemplated by the provisions of Paragraph 10, cessation of Executive's performance of Executive's duties hereunder or deliberate and substantial failure to perform them in a capable and conscientious manner;
iii) Violation of the provisions of Paragraph 14; or
iv) Deliberate and substantial breach of Executive's material obligations under any other provision hereof that is not cured within 30 days after notice to Executive of the breach.
(b) Should the Board of Directors of Employer determine cause exists, as defined in Subparagraph (a), shall be entitled to terminate Executive's employment, prior ’s employment hereunder only upon the establishment of “Cause” or the “Permanent Disability” of Executive (as those terms are defined below) by giving written notice to termination for such causethat effect to Executive. During any Extended Term, Employer shall provide Executive be entitled to terminate Executive’s employment hereunder (i) upon the establishment of Cause or the Permanent Disability of Executive, by giving written notice reasonably describing to that effect to Executive or (ii) for any other reason or for no reason upon 6 months prior written notice to Executive. For purposes hereof, the basis for the term “Cause” means either (1) Executive’s failure to substantially perform his duties and functions as contemplated termination and hereunder, if such failure constitutes gross neglect or willful malfeasance; (2) Executive’s committing fraud or embezzlement or otherwise engaging in conduct that results in Executive being convicted of a two-week period of time felony from which all appeals have been exhausted; (3) Executive’s intentionally acting in a manner which to respond in writing and in person prior is materially detrimental or damaging to Employer's final determination ’s reputation, business, operations or relations with its employees, suppliers or customers, without taking reasonable steps to remedy such actions promptly after receiving written notice thereof from Employer; (4) Executive’s chronic or habitual abuse of cause. During alcohol or prescription drugs or controlled substances; or (5) Executive’s committing any other material breach of this Employment Agreement without taking reasonable steps to cease or remedy such breach within thirty (30) days after Executive’s receipt of written notice from Employer specifically identifying the period between such notice nature of and final determination, the Board may suspend the performance of Executive's duties under this Agreement and direct Executive's non-attendance at work. However, Executive's right to compensation under this Agreement shall continue through and circumstances relevant to any final termination of employment for causesuch claimed material breach by Executive.
(c) Employer may terminate Executive's employment at any time without cause, subject to the applicable provisions of Paragraph 5. During the period between such notice and final determination, the Board may suspend the performance of Executive's duties under this Agreement and direct Executive's non-attendance at work.
Appears in 2 contracts
Samples: Employment Agreement (Xo Communications Inc), Employment Agreement (Xo Communications Inc)
Termination by Employer. (a) Employer may terminate Executive's employment for cause, which is defined as follows:
i) Fraud, malfeasance, or embezzlement against Employer's assets or conviction of any felony;
ii) Except under circumstances of disability contemplated by the provisions of Paragraph 10, cessation of Executive's performance of Executive's duties hereunder or deliberate and substantial failure to perform them in a capable and conscientious manner;
iii) Violation of the provisions of Paragraph 14; or
iv) Deliberate and substantial breach of Executive's material obligations under any other provision hereof that is not cured within 30 days after notice to Executive of the breach.
(b) Should the Board of Directors of Employer determine cause exists, as defined in Subparagraph (a), to terminate Executive's employment, prior to termination for such cause, Employer shall provide Executive written notice reasonably describing the basis for the contemplated termination and a two-week period of time in which to respond in writing and in person prior to Employer's final determination of cause. During the period between such notice and final determination, the Board may suspend the performance of Executive's duties under this Agreement and direct Executive's non-attendance at work. However, Executive's right to compensation under this Agreement shall continue through and to any final termination of employment for cause.
(c) Employer may terminate Executive's employment at any time upon three (3) months notice without cause, subject to the applicable provisions of Paragraph 5. During the period between such notice and final determination, the Board may suspend the performance of Executive's duties under this Agreement and direct Executive's non-attendance at work.
Appears in 2 contracts
Samples: Employment Agreement (Uqm Technologies Inc), Employment Agreement (Uqm Technologies Inc)
Termination by Employer. (a) Employer may terminate Executive's employment for cause, which is defined as follows:
i) Fraud, malfeasance, or embezzlement against Employer's assets or conviction of any felony;
ii) Except under circumstances of disability contemplated by the provisions of Paragraph 10, cessation of Executive's performance of Executive's duties hereunder or deliberate and substantial failure to perform them in a capable and conscientious manner;
iii) Violation of the provisions of Paragraph 14; or
iv) Deliberate and substantial breach of Executive's material obligations under any other provision hereof that is not cured within 30 days after notice to Executive of the breach.
(b) Should the Board of Directors of Employer determine cause exists, as defined in Subparagraph (a), to terminate Executive's employment, prior to termination for such cause, Employer shall provide Executive written notice reasonably describing the basis for the contemplated termination and a two-two- week period of time in which to respond in writing and in person prior to Employer's final determination of cause. During the period between such notice and final determination, the Board may suspend the performance of Executive's duties under this Agreement and direct Executive's non-attendance at work. However, Executive's right to compensation under this Agreement shall continue through and to any final termination of employment for cause.
(c) Employer may terminate Executive's employment at any time upon three (3) months notice without cause, subject to the applicable provisions of Paragraph 5. During the period between such notice and final determination, the Board may suspend the performance of Executive's duties under this Agreement and direct Executive's non-attendance at work.
Appears in 1 contract
Termination by Employer. (a) During the Initial Term, Employer may terminate Executive's employment for cause, which is defined as follows:
i) Fraud, malfeasance, or embezzlement against Employer's assets or conviction of any felony;
ii) Except under circumstances of disability contemplated by the provisions of Paragraph 10, cessation of Executive's performance of Executive's duties hereunder or deliberate and substantial failure to perform them in a capable and conscientious manner;
iii) Violation of the provisions of Paragraph 14; or
iv) Deliberate and substantial breach of Executive's material obligations under any other provision hereof that is not cured within 30 days after notice to Executive of the breach.
(b) Should the Board of Directors of Employer determine cause exists, as defined in Subparagraph (a), shall be entitled to terminate Executive's employment, prior ’s employment hereunder only upon the establishment of “Cause” or the “Permanent Disability” of Executive (as those terms are defined below) by giving written notice to termination for such causethat effect to Executive. During any Extended Term, Employer shall provide Executive Shall be entitled to terminate Executive’s employment hereunder (i) upon the establishment of Cause or the Permanent Disability of Executive, by giving written notice reasonably describing to that effect to Executive or (ii) for any other reason or for no reason upon 12 months prior written notice to Executive. For purposes hereof, the basis for the term “Cause” means either (1) Executive’s failure to substantially perform his duties and functions as contemplated termination and hereunder, if such failure constitutes gross neglect or willful malfeasance; (2) Executive’s committing fraud or embezzlement or otherwise engaging in conduct that results in Executive being convicted of a two-week period of time felony from which all appeals have been exhausted; (3) Executive’s intentionally acting in a manner which to respond in writing and in person prior is materially detrimental or damaging to Employer's final determination ’s reputation, business, operations or relations with its employees, suppliers or customers, without taking reasonable steps to remedy such actions promptly after receiving written notice thereof from Employer; (4) Executive’s chronic or habitual abuse of cause. During alcohol or prescription drugs or controlled substances; or (5) Executive’s committing any other material breach of this Employment Agreement without taking reasonable steps to cease or remedy such breach within thirty (30) days after Executive’s receipt of written notice from Employer specifically identifying the period between such notice nature of and final determination, the Board may suspend the performance of Executive's duties under this Agreement and direct Executive's non-attendance at work. However, Executive's right to compensation under this Agreement shall continue through and circumstances relevant to any final termination of employment for causesuch claimed material breach by Executive.
(c) Employer may terminate Executive's employment at any time without cause, subject to the applicable provisions of Paragraph 5. During the period between such notice and final determination, the Board may suspend the performance of Executive's duties under this Agreement and direct Executive's non-attendance at work.
Appears in 1 contract
Termination by Employer. (a) Employer may terminate Executive's employment for cause, which is defined as follows:
(i) Fraud, malfeasance, or embezzlement against Employer's assets or conviction of any felony;
(ii) Except under circumstances of disability contemplated by the provisions of Paragraph 109, cessation of Executive's performance of Executive's duties hereunder or deliberate and substantial failure to perform them in a capable and conscientious manner;
(iii) Violation of the provisions of Paragraph 1412; or
(iv) Deliberate and substantial breach of Executive's material obligations under any other provision hereof that is not cured within 30 days after notice to Executive of the breach.
(b) Should the Board of Directors of Employer determine cause exists, as defined in Subparagraph (a), to terminate Executive's employment, prior to termination for such cause, Employer shall provide Executive written notice reasonably describing the basis for the contemplated termination and a two-two- week period of time in which to respond in writing and in person prior to Employer's final determination of cause. During the period between such notice and final determination, the Board may suspend the performance of Executive's duties under this Agreement and direct Executive's non-attendance at work. However, Executive's right to compensation under this Agreement shall continue through and to any final termination of employment for cause.
(c) Employer may terminate Executive's employment at any time upon three (3) months notice without cause, subject to the applicable provisions of Paragraph 54. During the period between such notice and final determination, the Board may suspend the performance of Executive's duties under this Agreement and direct Executive's non-attendance at work.
Appears in 1 contract