Termination by the Board for Cause. (a) The Board may terminate the Executive’s employment hereunder for Cause, as provided in Section 6.3(b) below. If the Board terminates the Executive’s employment under this Section 6.3 for Cause, the Term of Employment shall thereupon end as set forth below and the Executive shall, subject to Section 6.11 of this Agreement, only be entitled to:
(i) any Base Salary accrued but not yet paid as of the Date of Termination;
(ii) any bonus actually awarded or commissions actually earned, but not yet paid, as of the Date of Termination;
(iii) reimbursement for all expenses (under Section 5.5) incurred as of the Date of Termination, but not yet paid as of the Date of Termination; and
(iv) payment of the per diem value of any unused vacation days that have accrued during the Term of Employment prior to the Date of Termination and the unused, unaccrued portion of any vacation days available through the end (but not beyond) of the calendar year in which the Date of Termination occurs.
(b) In determining Cause, the alleged acts or omissions of the Executive must be confirmed beyond a reasonable doubt by not less than two-thirds of the Board (meaning, for purposes of this Section 6.3(b), the Board excluding the Executive and any other directors of the Employers who are alleged to have been involved or otherwise to have an interest in any of such alleged acts or omissions of the Executive) at a meeting duly called and held for the purpose of the Board’s making such determination (the “Determination Meeting”). In the event of such a confirmation by the Board, the Employers shall notify the Executive that the Employers intend to terminate the Executive’s employment for Cause under this Section 6.3 (the “Confirmation Notice”). The Confirmation Notice shall specify the act(s), or omission(s), upon the basis of which the Board has confirmed the existence of Cause and must be delivered to the Executive within ten (10) days after the date on which the Determination Meeting has been held. If the Executive notifies the Employers in writing (the “Opportunity Notice”) within ten (10) days after the Executive has received the Confirmation Notice, the Executive (together with counsel) shall be provided one opportunity to meet with the Board (or a sufficient quorum thereof) to discuss such act(s) or omission(s). Such opportunity to meet with the Board shall be fixed and shall occur on a date selected by the Board (such date being not less than ten (10) nor more than thirty (30) day...
Termination by the Board for Cause. The Board may terminate the Executive's employment at any time for Cause, such termination to be effective as of the date stated in a written notice of termination delivered to the Executive. Before proceeding with termination under subparts (iii) through (vi) of the definition of “Cause,” above, the Board shall give the Executive written notice of the grounds for termination and thirty (30) days to cure, if curable. If the Executive fails or is unable to cure, the Executive’s employment shall terminate on the thirty-first (31st) day following the giving by the Bank of such written notice of termination;
Termination by the Board for Cause. In the event of the termination of the Executive's employment pursuant to Section 6(c), the Bank shall pay to the Executive following such termination all accrued and unpaid salary for time worked as of the date of termination and all accrued but unutilized vacation time as of the date of termination, determined in accordance with the Bank’s employee handbook. The Executive shall not be entitled to any other compensation, bonus, incentive, or severance pay from the Bank; provided, however, that nothing in this Section 7(a) shall affect any vested rights that the Executive has under any pension, thrift, or other benefit plan, excluding the Bank’s Employee Severance Plan dated May 1, 2007 or any successor plan (the “Severance Plan”).
Termination by the Board for Cause. 1) The Agreement may be terminated by mutual agreement by three months notice of the intention to terminate or not to renew the Agreement.
2) The Board/County shall be entitled to terminate the SPA for cause, by giving 15 days notice, under the following circumstances:
a) If the Provider is in serious and sustained default on its obligations under this SPA and does not show willingness to implement measures within an agreed timeframe to achieve compliance
b) If the Provider becomes bankrupt or insolvent, goes into liquidation, has a receiving or administration order made against him, compounds with his creditors, or carries on business under a receiver, trustee or manager for the benefit of his creditors, or if any act is done or event occurs which (under applicable Laws) has a similar effect to any of these acts or events, or
c) If the Provider is found to engage in any corrupt or fraudulent Practice under the relevant legislation
d) If efficiency demands that the operators area of jurisdiction is taken up by a more cost effective provider.
e) WASREB provides a viability criteria assessment and recommends that the Provider be merged or clustered with another on consumer interest.
3) The Board’s/County election to terminate the SPA shall not prejudice any other rights of the Board, under the SPA or otherwise.
4) Any intended termination of the Agreement shall take into account the need not to prejudice the ability of the provider to discharge outstanding financial obligations, if any, entered into by the Provider for purposes of enabling it to implement its commitments under the Business Plan.
5) Following notice of the intention to terminate or not to renew the Agreement the parties shall enter into negotiations with a view to making appropriate arrangements, for the transfer of asset ownership, to allow the Board/County to make alternate arrangements for the provision of water services within the area of supply of the Provider to ensure continuity of service. The obligation to service outstanding debts will also be transferred with the assets.
Termination by the Board for Cause. The Board may terminate the President’s employment and this Agreement at any time for “Cause” without further liability under this Agreement, except for any earned but unpaid wages or vested benefits. “Cause” shall mean any of the following:
Termination by the Board for Cause. The Guam Education Board, by affirmative vote of at least five (5) members, may terminate the services of the Superintendent for cause. Such cause consists of malfeasance in office or for persistent neglect of, or failure to discharge duties, or for offenses Page8 DRAFT - EMPLOYMENT AGREEMENT FOR THE SUPERINTENDENT OF THE GUAM DEPARTMENT OF EDUCATION involving moral turpitude, and for no other cause. The Superintendent shall not be removed from office before a written bill of particulars has been given to him and before an investigation and an open and public hearing shall have been had. Upon termination, Superintendent shall DRAF twelve (12) months from the date of termination, or until the termination dates as set forth in this contract or amendment thereto, whichever is shorter. Should the Superintendent remove his residence from Guam, he shall be deemed to have vacated his office.
Termination by the Board for Cause. The Board may terminate this Agreement prior its expiration date for cause, as described below:
(1) Termination for cause must be based on (a) unsatisfactory work performance, including neglect of duty; (b) immoral or unprofessional conduct, including acts done in bad faith to the detriment of the District; (c) dishonesty; (d) evident unfitness for duty; (e) physical or mental condition that makes her unfit to instruct or associate with students; (f) persistent violation of, or refusal to obey, the directives of the Board or the school laws of the State or reasonable regulations prescribed for the government of the District or the community colleges by the Board of Governors of the California Community Colleges; (g) conviction of a felony or any crime involving moral turpitude, dishonesty, breach of trust, or physical or emotional harm to any person; and/or
Termination by the Board for Cause. Executive’s employment with the Company may be terminated for “Cause” by the Xxxxxx CEO or Board. “Cause” shall mean (i) the negligent or willful failure by Executive to substantially perform his duties or to comply with any written directives (made in good faith and consistent with applicable law) of the Xxxxxx CEO or Board and continuance of such failure for more than 20 days after the Company notifies Executive in writing thereof, (ii) Executive’s engaging in serious misconduct (including, without limitation, any criminal, fraudulent or dishonest conduct) that is injurious to the Company or any of its affiliates or subsidiaries, (iii) Executive’s conviction of, or entering a plea of nolo contendere to, any crime that constitutes a felony or involves moral turpitude, or (iv) the breach by Executive of any written covenant or agreement with the Company or any of its affiliates not to disclose any information pertaining to the Company or any of its affiliates or not to compete or interfere with the Company or any of its affiliates, including without limitation the covenants set forth in Sections 7, 8 and 10.
Termination by the Board for Cause. Executive's employment with the Company may be terminated for "Cause" by the Board. "Cause" shall mean (i) the willful failure of Executive substantially to perform his duties hereunder (other than such failure due to physical or mental illness) for at least 10 days after a demand for substantial performance is delivered to Executive by the Board, which notice identifies the manner in which the Board believes that Executive has not substantially performed his duties hereunder, (ii) Executive's engaging in serious misconduct that is injurious to the Company or any of its Affiliates, (iii) Executive's conviction of, or entering a plea of NOLO CONTENDERE to, a crime that constitutes a felony involving moral turpitude, or (iv) the breach by Executive of any written covenant or agreement with the Company or any of their Affiliates not to disclose any information pertaining to the Company or any of their Affiliates or not to compete or interfere with the Company or any of the Affiliates, including without limitation the covenants set forth in Sections 7, 8, 9 and 10 hereof.
Termination by the Board for Cause. For purposes of this Agreement, termination by the Board for “Cause” shall mean termination of the Chairman’s position by the Board for any of the following reasons: (a) material failure by the Chairman to perform his duties for the Board or for the Company’s Chief Executive Officer, which failure continues, in the reasonable judgment of the Board, after written notice to the Chairman by the Board; (b) misconduct materially and demonstrably injurious to the Company; (c) a conviction of a felony; (d) fraud or embezzlement of Company assets; or (e) a material breach of any of the terms of this Agreement including, but not limited to, a breach of the restrictions in Sections 9, 10 and 11 below. In the event termination under this subsection occurs, the Chairman shall not be entitled to any further payments under Section 5 of this Agreement following the effective date of his termination for Cause. In addition, the Chairman shall not be entitled to the retiree pension benefits described in Section 6 above, but shall only be entitled to amounts payable pursuant to the express terms of the Pension Plan and the Supplemental Benefits Plan.
