Common use of Termination by the Company with or without Cause Clause in Contracts

Termination by the Company with or without Cause. (a) In addition to any other rights or remedies provided by law or in this Agreement, the Company may terminate Executive's employment for "cause" under this Agreement if: (i) Executive is convicted of, or enters a plea of guilty or nolo contendere (which plea is not withdrawn prior to its approval by the court) to a felony or other crime, a criminal offense, involving the acts identified in paragraph (ii) below; or (ii) the Company's Board of Directors determines, after due inquiry, that Executive has: (A) committed fraud against, or embezzled or misappropriated funds or other assets of, the Company (or any subsidiary thereof); (B) violated, or caused the Company (or any subsidiary thereof) or any officer, employee or other agent thereof, or any other Person to violate, any material law, regulation or ordinance, which violation has or would reasonably be expected to have a significant detrimental effect on the Company or its Affiliates, or any material rule, regulation, policy or practice established by the Board of Directors of the Company; (C) on a persistent or recurring basis, (A) failed properly to perform his duties hereunder or (B) acted in a manner detrimental to, or adverse to the interests of, either the Company or its Affiliates; or (D) violated, or failed to perform or satisfy any material covenant, condition or obligation required to be performed or satisfied by Executive hereunder. (b) The Company may effect such termination for cause under paragraph (a) of this Section by giving Executive notice to such effect, setting forth in reasonable detail the factual basis for such termination, at least thirty (30) days prior to the date of termination set forth therein; provided however that Executive may avoid such termination if Executive, prior to the date of termination set forth in such notice, cures or explains to the reasonable satisfaction of the Company's Board of Directors the factual basis for termination set forth therein. (c) In addition to any other rights provided in this Agreement, the Company may terminate Executive's employment under this Agreement without cause and for no reason or any reason upon six (6) months prior notice given at any time after the six month anniversary of the date of this Agreement.

Termination by the Company with or without Cause. (a) In addition to any other rights or remedies provided by law or in this Agreement, the The Company may terminate Executive's ’s employment for "cause" under this Agreement if: at any time during the Employment Period with or without Cause effective immediately upon delivery of a Notice of Termination to Executive. Subject to the immediately following sentence “Cause” shall mean with respect to Executive, any of the following: (i) Executive is convicted of, or enters a plea Executive’s material neglect of guilty or nolo contendere (which plea is not withdrawn prior to its approval by the court) to a felony or other crime, a criminal offense, involving the acts identified in paragraph (ii) below; or (ii) the Company's Board of Directors determines, after due inquiry, that Executive has: (A) committed fraud against, or embezzled or misappropriated funds or other assets of, the Company (or any subsidiary thereof); (B) violated, or caused the Company (or any subsidiary thereof) or any officer, employee or other agent thereof, or any other Person to violate, any material law, regulation or ordinance, which violation has or would reasonably be expected to have a significant detrimental effect on assigned duties with the Company or its Affiliates, Executive’s failure or any material rule, regulation, policy or practice established by the Board of Directors of refusal to perform assigned duties with the Company; (C) on a persistent or recurring basis, (A) failed properly to perform his duties hereunder or (B) acted in a manner detrimental to, or adverse to the interests of, either the Company or its Affiliates; or (D) violated, or failed to perform or satisfy any material covenant, condition or obligation required to be performed or satisfied by Executive hereunder. (b) The Company may effect such termination which continues uncured for cause under paragraph (a) of this Section by giving Executive notice to such effect, setting forth in reasonable detail the factual basis for such termination, at least thirty (30) days prior following receipt of written notice of such deficiency from the Board, specifying the scope and nature of the deficiency; (ii) Executive’s commission of a felony or fraud; or Executive’s misappropriation of property belonging to the date Company or its affiliates; (iii) Executive’s commission of termination set forth therein; provided however that Executive may avoid such termination if Executivea misdemeanor or act of dishonesty, prior which causes material harm to the date Company; (iv) Executive’s engaging in any act of termination moral turpitude which causes material harm to the Company; (v) Executive’s breach of the terms of this Agreement or any trading compliance program or any confidentiality, proprietary information or nondisclosure agreement with the Company; or (vi) Executive’s working for another company, partnership or other entity, whether as an employee, consultant or director, while an employee of the Company without the prior written consent of the Board (unless permitted by Section 2). Following a Change in Control (as defined in Section 7(c) below), “Cause” shall not include Executive’s acts or omissions contemplated by clause (i) in the immediately preceding sentence and shall only include those acts and omissions set forth in such notice, cures or explains to (ii) through (vi) above. Any determination of Cause as used herein will be made in good faith by the reasonable satisfaction of Board. A termination by the Company's Board of Directors the factual basis Company for termination reasons other than set forth therein. in clauses (ci) In addition to any other rights provided through (vi) (but excluding clause (i) following a Change in this AgreementControl) above, the Company may terminate Executive's employment under this Agreement without cause and or for no reason or any reason upon six (6) months prior notice given at any time after the six month anniversary all but not including a termination of the date Employment Period as a result of this Agreementdeath or Disability, shall be deemed a “Termination Without Cause.”

Termination by the Company with or without Cause. (a) In addition to any other rights or remedies provided by law or in this Agreement, the Company may terminate Executive's employment for "cause" under this Agreement if: (i) Executive is convicted of, or enters a plea of guilty or nolo contendere (which plea is not withdrawn prior to its approval by the court) to a felony or other crime, a criminal offense, involving the acts identified in paragraph (ii) below; or (ii) the Company's Board of Directors determines, after due inquiry, that Executive has: (A) committed fraud against, or embezzled or misappropriated funds or other assets of, the Company (or any subsidiary thereof); (B) violated, or caused the Company (or any subsidiary thereof) or any officer, employee or other agent thereof, or any other Person to violate, any material law, regulation or ordinance, which violation has or would reasonably be expected to have a significant detrimental effect on the Company or its Affiliates, or any material rule, regulation, policy or practice established by the Board of Directors of the Company; (C) on a persistent or recurring basis, (A) failed properly to perform his material duties hereunder or (B) acted in a manner detrimental to, or adverse to the interests of, either the Company or its Affiliates; or (D) violated, or failed to perform or satisfy any material covenant, condition or obligation required to be performed or satisfied by Executive hereunder. (b) The Company may effect such termination for cause under paragraph (a) of this Section by giving Executive notice to such effect, setting forth in reasonable detail the factual basis for such termination, at least thirty (30) 20 days prior to the date of termination set forth therein; provided however that Executive may avoid such termination if Executive, prior to the date of termination set forth in such notice, cures or explains to the reasonable satisfaction of the Company's Board of Directors the factual basis for termination set forth therein. (c) In addition making any determination pursuant to Section 13(a) as to the occurrence of any act or event described in clauses (A) to (D) of paragraph (ii) thereof (each, a "For Cause Event"), each of the following shall constitute convincing evidence of such occurrence: (i) if Executive is made a party to, or target of, any Proceeding arising under or relating to any other rights provided in this AgreementFor Cause Event, the Company may terminate Executive's employment under this Agreement without cause and for no reason knowing failure to defend against such Proceeding or to answer any reason complaint filed against him therein, or to deny any claim, charge, averment or allegation thereof asserting or based upon six the occurrence of a For Cause Event; (6ii) months prior notice given at any time after judgment, award, order, decree or other adjudication or ruling in any such Proceeding finding or based upon the six month anniversary occurrence of a For Cause Event; or (iii) any settlement or compromise of, or consent decree issued in, any such Proceeding in which Executive expressly admits the occurrence of a For Cause Event; provided that none of the date foregoing shall be dispositive or create an irrefutable presumption of this Agreementthe occurrence of such For Cause Event; and provided further that the Company's Board of Directors may rely on any other factor or event as convincing evidence of the occurrence of a For Cause Event.

Termination by the Company with or without Cause. (a) In addition to any other rights or remedies provided by law or in this Agreement, the The Company may terminate Executive's the Employee’s employment for "cause" under this Agreement if: (i) Executive is convicted of, hereunder with or enters a plea of guilty or nolo contendere (which plea is not withdrawn prior to its approval by the court) to a felony or other crime, a criminal offense, involving the acts identified in paragraph (ii) below; or (ii) the Company's Board of Directors determines, after due inquiry, that Executive has: (A) committed fraud against, or embezzled or misappropriated funds or other assets of, the Company (or any subsidiary thereof); (B) violated, or caused the Company (or any subsidiary thereof) or any officer, employee or other agent thereof, or any other Person to violate, any material law, regulation or ordinance, which violation has or would reasonably be expected to have a significant detrimental effect on the Company or its Affiliates, or any material rule, regulation, policy or practice established by the Board of Directors of the Company; (C) on a persistent or recurring basis, (A) failed properly to perform his duties hereunder or (B) acted in a manner detrimental to, or adverse to the interests of, either the Company or its Affiliates; or (D) violated, or failed to perform or satisfy any material covenant, condition or obligation required to be performed or satisfied by Executive hereunder. (b) The Company may effect such termination for cause under paragraph (a) of this Section by giving Executive notice to such effect, setting forth in reasonable detail the factual basis for such termination, at least thirty (30) days prior to the date of termination set forth therein; provided however that Executive may avoid such termination if Executive, prior to the date of termination set forth in such notice, cures or explains to the reasonable satisfaction of the Company's Board of Directors the factual basis for termination set forth therein. (c) In addition to any other rights provided in this Agreement, the Company may terminate Executive's employment under this Agreement without cause and for no reason or any reason upon six (6) months prior notice given Cause at any time after the six month anniversary Company provides thirty (30) days’ written notice (or a shorter period of time, to be determined in good faith by the Board to be essential to prevent serious damage to the Company) to the Employee to such effect. Following the Company’s termination of the date Employee’s employment hereunder without Cause, subject to the terms and conditions of this Agreement, the Employee shall be entitled to compensation and benefit continuation as provided in Paragraph 6(b). For purposes of this Agreement, the term “Cause” shall mean any of the following: (i) willful malfeasance or willful misconduct by the Employee in connection with the Employee’s employment; (ii) the Employee’s gross negligence in performing any of the Employee’s duties under this Agreement; (iii) the Employee’s conviction of, or entry of a plea of guilty to, or entry of a plea of nolo contendere with respect to any crime other than a traffic violation or infraction which is a misdemeanor; (iv) the Employee’s willful and continuing breach of any written policy applicable to all employees adopted by the Company concerning conflicts of interest, political contributions, standards of business conduct or fair employment practices, procedures with respect to compliance with securities laws or any similar matters, or adopted pursuant to the requirements of any government contract or regulation; or (v) any other material breach by the Employee of this Agreement after the Company provides written notification to the Employee of such breach and the Employee fails within five (5) days of receipt of such notification to cure the circumstances which gave rise to such breach.

Termination by the Company with or without Cause. (a) In addition to any other rights or remedies provided by law or in this Agreement, the Company may terminate Executive's employment for "cause" under this Agreement if: (i) Executive is convicted of, or enters a plea of guilty or nolo contendere (which plea is not withdrawn prior to its approval by the court) to a felony or other crime, a criminal offense, offense involving the acts identified in paragraph (ii) below; or (ii) the Company's Board of Directors determines, after due inquiry, that Executive has: (A) committed fraud against, or embezzled or misappropriated funds or other assets of, the Company (or any subsidiary thereof); (B) violated, or caused the Company (or any subsidiary thereof) or any officer, employee or other agent thereof, or any other Person to violate, any material law, regulation or ordinance, which violation has or would reasonably be expected to have a significant detrimental effect on the Company or its Affiliates, or any material rule, regulation, policy or practice established by the Board of Directors of the Company; (C) on a persistent or recurring basis, (A) failed properly to perform his duties hereunder or (B) acted in a manner detrimental to, or adverse to the interests of, either the Company or its Affiliates; or (D) violated, or failed to perform or satisfy any material covenant, condition or obligation required to be performed or satisfied by Executive hereunder. (b) The Company may effect such termination for cause under paragraph (a) of this Section by giving Executive notice to such effect, setting forth in reasonable detail the factual basis for such termination, at least thirty (30) days prior to the date of termination set forth therein; provided however that Executive may avoid such termination if Executive, prior to the date of termination set forth in such notice, cures or explains to the reasonable satisfaction of the Company's Board of Directors the factual basis for termination set forth therein. (c) In addition to any other rights provided in this Agreement, the Company may terminate Executive's employment under this Agreement without cause and for no reason or any reason upon six (6) months prior notice given at any time after the six month anniversary of the date of this Agreement.

Termination by the Company with or without Cause. (a) In addition to any other rights or remedies provided by law or in this Agreement, the Company may terminate ExecutiveConsultant's employment retention as a Consultant for "cause" under this Agreement if: (i) Executive Consultant or Goldberg is convicted of, or enters a plea of guilty or nolo contendere (which xxxxx plea is not withdrawn prior to its approval by the court) to a felony or other crimeto, a criminal offense, involving the acts identified in paragraph (ii) belowexcept minor road traffic offenses; or (ii) the Company's Board of Directors determines, after due inquiry, that Executive Consultant or Goldberg has: (A) committed fraud against, or embezzled or embexxxxx xx misappropriated funds or other assets of, the Company (or any subsidiary thereof); (B) violated, or caused the Company (or any subsidiary thereof) or any officer, employee or other agent thereof, or any other Person to violate, any material law, regulation or ordinance, which violation has or would reasonably be expected to have a significant detrimental effect on the Company or its Affiliates, or any material rule, regulation, policy or practice established by the Board of Directors of the Company; (C) on a persistent or recurring basis, (A) failed properly to perform his Consultant's duties hereunder or (B) acted in a manner detrimental to, or adverse to the interests of, either the Company or its Affiliates; or (D) violated, or failed to perform or satisfy any material covenant, condition or obligation required to be performed or satisfied by Executive hereunder. (b) The Company may effect such termination for cause under paragraph (a) of this Section by giving Executive Consultant notice to such effect, setting forth in reasonable detail the factual basis for such termination, at least thirty (30) 20 days prior to the date of termination set forth therein; provided however that Executive Consultant may avoid such termination if ExecutiveConsultant, prior to the date of termination set forth in such notice, cures or explains to the reasonable satisfaction of the Company's Board of Directors the factual basis for termination set forth therein. (c) In addition making any determination pursuant to Section 12(a) as to the occurrence of any act or event described in clauses (A) to (D) of paragraph (ii) thereof (each, a "For Cause Event"), each of the following shall constitute convincing evidence of such occurrence: (i) if Consultant or Goldberg is made a party to, or target of, any proceeding arising under xx xxxxting to any For Cause Event, Consultant or Goldberg's knowing failure to defend against such proceeding or to answxx xxx xxxplaint filed against him therein, or to deny any claim, charge, averment or allegation thereof asserting or based upon the occurrence of a For Cause Event; (ii) any judgment, award, order, decree or other rights adjudication or ruling in any such proceeding finding or based upon the occurrence of a For Cause Event; or (iii) any settlement or compromise of, or consent decree issued in, any such proceeding in which Consultant or Goldberg expressly admits the occurrence of a For Cause Event; provided in this Agreement, the Company may terminate Executive's employment under this Agreement without cause and for no reason or any reason upon six (6) months prior notice given at any time after the six month anniversary xxxx xxne of the date foregoing shall be dispositive or create an irrefutable presumption of this Agreementthe occurrence of such For Cause Event; and provided further that the Company's Board of Directors may rely on any other factor or event as convincing evidence of the occurrence of a For Cause Event.

Termination by the Company with or without Cause. (a) In addition to any other rights or remedies provided by law or in this Agreement, the The Company may immediately terminate the Employment Period and Executive's ’s employment for "cause" under this Agreement if: with or without “Cause.” Cause shall mean (i) Executive is convicted Executive’s conviction of, or enters entry of a plea of either guilty or nolo contendere (which plea is not withdrawn prior no contest to its approval by the court) to a charge of, commission of a felony or other crime, a criminal offense, crime involving the acts identified in paragraph moral turpitude; (ii) below; or (ii) the Company's Board of Directors determinesExecutive’s willful and continued failure or refusal to satisfactorily perform such services as may be reasonably delegated or assigned to Executive, after due inquiryconsistent with his position, that Executive has: (A) committed fraud against, or embezzled or misappropriated funds or other assets of, the Company (or any subsidiary thereof); (B) violated, or caused the Company (or any subsidiary thereof) or any officer, employee or other agent thereof, or any other Person to violate, any material law, regulation or ordinance, which violation has or would reasonably be expected to have a significant detrimental effect on the Company or its Affiliates, or any material rule, regulation, policy or practice established by the Board Board; (iii) Executive’s willful misconduct or gross negligence in connection with the performance of Directors of the Company; (C) on a persistent or recurring basis, (A) failed properly his duties that negatively affects Executive’s ability to perform his duties hereunder or (B) acted in a manner detrimental to, or adverse to the interests of, either for the Company or its Affiliates; or adversely affects the Company, (Div) violatedExecutive’s material breach of any of the terms or conditions of the Agreement, or failed (v) Executive is no longer permitted to perform or satisfy provide the services required hereunder pursuant to any material covenant“Legal Requirement” which, condition or obligation required to be performed or satisfied by Executive hereunder. (b) The Company may effect such termination for cause under paragraph (a) purposes of this Section Agreement, shall mean any and all present and future judicial and administrative rulings or decisions, and any and all present and future federal, state, and local laws, ordinances, rules, regulations, permits, licenses and certificates applicable to the Company, Greektown Casino, LLC, a Michigan limited liability company, the Casino (or any subsequent hotel and/or casino controlled, directly or indirectly, by giving any of the foregoing entities) or Executive, including without limitation, the Michigan Gaming Control and Revenue Act of 1997, MCL 432.201 et. Seq. (as such act may be amended and in effect from time to time) and the Michigan Gaming Control Board, or such successor entity. If the Company intends to terminate Executive notice with Cause pursuant to such effectsubsections (ii) or (iv) herein, setting forth in reasonable detail the factual basis for prior to any such termination, at least thirty (30) days the Company shall deliver written notice to Executive of its intention to terminate Executive for Cause and such notice shall identify in specific detail the acts or omissions alleged to constitute Cause. Following receipt of such written notice and prior to any with Cause termination, Executive shall have fifteen (15) calendar days to (1) rebut the date of termination set forth therein; provided however that Executive may avoid such termination if Executivefacts or circumstances, prior to the date satisfaction of the Board, upon which the Company is relying upon for the with Cause termination set forth in and/or (2) cure the acts or omissions alleged to constitute Cause, if such noticeacts or omissions are capable of cure, cures or explains to the reasonable satisfaction of the Company's Board Board. For purposes of Directors this Section, no action or failure to act on Executive’s part shall be considered “willful” unless done, or omitted to be done by the factual basis for termination set forth therein. (c) In addition to any other rights provided Executive in this Agreement, bad faith and without a reasonable belief that his action or omission was in the Company may terminate Executive's employment under this Agreement without cause and for no reason or any reason upon six (6) months prior notice given at any time after the six month anniversary best interests of the date of this AgreementCompany.

Termination by the Company with or without Cause. (a) In addition to any other rights or remedies provided by law or in this Agreement, the The Company may terminate Executive's ’s employment for "cause" under this Agreement if: at any time during the Employment Period with or without Cause effective immediately upon delivery of a Notice of Termination to Executive. Subject to the immediately following sentence “Cause” shall mean with respect to Executive, any of the following: (i) Executive is convicted of, or enters a plea Executive’s material neglect of guilty or nolo contendere (which plea is not withdrawn prior to its approval by the court) to a felony or other crime, a criminal offense, involving the acts identified in paragraph (ii) below; or (ii) the Company's Board of Directors determines, after due inquiry, that Executive has: (A) committed fraud against, or embezzled or misappropriated funds or other assets of, the Company (or any subsidiary thereof); (B) violated, or caused the Company (or any subsidiary thereof) or any officer, employee or other agent thereof, or any other Person to violate, any material law, regulation or ordinance, which violation has or would reasonably be expected to have a significant detrimental effect on assigned duties with the Company or its Affiliates, Executive’s failure or any material rule, regulation, policy or practice established by the Board of Directors of refusal to perform assigned duties with the Company; (C) on a persistent or recurring basis, (A) failed properly to perform his duties hereunder or (B) acted in a manner detrimental to, or adverse to the interests of, either the Company or its Affiliates; or (D) violated, or failed to perform or satisfy any material covenant, condition or obligation required to be performed or satisfied by Executive hereunder. (b) The Company may effect such termination which continues uncured for cause under paragraph (a) of this Section by giving Executive notice to such effect, setting forth in reasonable detail the factual basis for such termination, at least thirty (30) days prior following receipt of written notice of such deficiency from the Board, specifying the scope and nature of the deficiency; (ii) Executive’s commission of a felony or fraud; or Executive’s misappropriation of property belonging to the date Company or its affiliates; (iii) Executive’s commission of termination set forth therein; provided however that Executive may avoid such termination if Executivea misdemeanor or act of dishonesty, prior which causes material harm to the date Company; (iv) Executive’s engaging in any act of termination moral turpitude which causes material harm to the Company; (v) Executive’s breach of the terms of this Agreement or any trading compliance program or any confidentiality, proprietary information or nondisclosure agreement with the Company; or (vi) Executive’s working for another company, partnership or other entity, whether as an employee, consultant or director, while an employee of the Company without the prior written consent of the Board (unless permitted by Section 2). Following a Change in Control, “Cause” shall not include Executive’s acts or omissions contemplated by clause (i) in the immediately preceding sentence and shall only include those acts and omissions set forth in such notice, cures or explains to (ii) through (vi) above. Any determination of Cause as used herein will be made in good faith by the reasonable satisfaction of Board. A termination by the Company's Board of Directors the factual basis Company for termination reasons other than set forth therein. in clauses (ci) In addition to any other rights provided through (vi) (but excluding clause (i) following a Change in this AgreementControl) above, the Company may terminate Executive's employment under this Agreement without cause and or for no reason or any reason upon six (6) months prior notice given at any time after the six month anniversary all but not including a termination of the date Employment Period as a result of this Agreementdeath or Disability, shall be deemed a “Termination Without Cause.”