Common use of Termination by the Corporation with Cause Clause in Contracts

Termination by the Corporation with Cause. The Corporation may terminate Employee’s employment with “Cause” as hereafter defined in this Section 4A upon written notice. “Cause” shall mean Employee’s: (i) conviction of, or indictment for, criminal negligence or criminal acts in the work place or conviction of a felony, (ii) violation of the Corporation’s material policies or procedures that have been made known to Employee, or violation by Employee on Corporation premises of any law or material regulation, (iii) material breach or violation of this Agreement, (iv) commission of any act of theft, fraud, dishonesty, or falsification of any employment or Corporation records, (v) appropriation of a business opportunity or transaction in contravention of Employee’s duties to the Corporation, (vi) any improper action by Employee which has a detrimental effect on the Corporation’s reputation or business, (vii) failure to perform the duties assigned or requested by Employee’s superiors, or (viii) gross negligence, incompetence or willful misconduct by Employee in the performance of Employee’s duties. In the event that Employee is terminated with “Cause,” Employee shall only be entitled to the payment of Employee’s then-current accrued, unpaid Base Compensation and accrued unused vacation, each prorated through the date of termination. In the case of an event of Cause under clauses (ii), (iii), (vi) or (vii), with the exception of any such events of Cause arising from breach of any of the provisions of Sections 7-13 hereof, Employee shall be provided the opportunity to cure such event within a reasonable time following written notice thereof and not to exceed thirty (30) days following such notice (the “Cure Period”), and if the Employee desires to effect a cure to same then Employee shall provide the Corporation with written notice within five business days following receipt of notice of Cause of such desire, and in the absence of such cure by Employee within the Cure Period Employee shall be deemed terminated upon the expiration of the Cure Period unless otherwise mutually agreed in writing. However, notwithstanding the foregoing, Employee shall not be provided the opportunity pursuant to the foregoing sentence to cure Employee’s repeated or persistent actions, failures or omissions occurring within a three month period which constitute Cause (in the absence of cure) hereunder and which would otherwise be curable but for such reoccurrence.

Termination by the Corporation with Cause. The Corporation may terminate Employee’s employment with “Cause” as hereafter defined in this Section 4A 4.A. upon written notice. “Cause” shall mean Employee’smean: (i) conviction of, or indictment for, criminal negligence or criminal acts in the work place or conviction of any conduct which constitutes a felony, felony under applicable law (except for traffic violations); (ii) violation of any act constituting dishonesty or immoral conduct which causes material harm to the Corporation’s material policies Corporation or procedures that have been made known to Employee, or violation by Employee on Corporation premises of any law or material regulation, its reputation; (iii) material breach or violation of this Agreement, (iv) commission of any act of theft, fraud, dishonesty, or falsification of any employment or Corporation records, (v) appropriation of a business opportunity or transaction in contravention of Employee’s duties to the Corporation, (vi) any improper action by Employee which has a detrimental effect on the Corporation’s reputation or business, (vii) failure to perform the duties assigned or requested by Employee’s superiors, or (viii) gross negligence, incompetence negligence or willful misconduct by Employee in the performance of Employee’s dutiesduties that has not been cured within ten (10) days after written notice from the Corporation; (iv) intentional and material damage to the Corporation’s material property that has not been cured within ten (10) days after written notice from the Corporation; (v) Employee’s failure to abide by or with the directives of the Board that has not been cured within ten (10) days after written notice the Corporation; or (vi) material breach of a written agreement between the Corporation and the Employee that has not been cured within ten (10) days after written notice from the Corporation. Notwithstanding the above, Employee shall not be provided the opportunity to cure Employee’s repeated or persistent actions, failures or omissions occurring within a three month period which constitute Cause (in the absence of cure) hereunder and which would otherwise be curable but reoccurrence. In the event that Employee is terminated with “Cause,” Employee shall only be entitled to the payment of Employee’s then-current accrued, unpaid Base Compensation and accrued unused vacation, each prorated through the date of termination. In the case of an event of Cause under clauses (ii), (iii), (vi) or (vii), payable in accordance with the exception of any such events of Cause arising from breach of any of the provisions of Sections 7-13 hereofCorporations normal payroll schedule, Employee shall be provided the opportunity to cure such event within a reasonable time following written notice thereof less federal and not to exceed thirty (30) days following such notice (the “Cure Period”)state income tax withholding, customary employee deductions and if the Employee desires to effect a cure to same then Employee shall provide the Corporation with written notice within five business days following receipt of notice of Cause of such desire, and in the absence of such cure other deductions required by Employee within the Cure Period Employee shall be deemed terminated upon the expiration of the Cure Period unless otherwise mutually agreed in writing. However, notwithstanding the foregoing, Employee shall not be provided the opportunity pursuant to the foregoing sentence to cure Employee’s repeated or persistent actions, failures or omissions occurring within a three month period which constitute Cause (in the absence of cure) hereunder and which would otherwise be curable but for such reoccurrencelaw.

Termination by the Corporation with Cause. The Corporation may terminate Employee’s employment with “Cause” as hereafter defined in this Section 4A 4.A. upon written notice. “Cause” shall mean Employee’smean: (i) conviction of, or indictment for, criminal negligence or criminal acts in the work place or conviction of any conduct which constitutes a felony, felony under applicable law (except for traffic violations); (ii) violation of any act constituting dishonesty or immoral conduct which causes material harm to the Corporation’s material policies Corporation or procedures that have been made known to Employee, or violation by Employee on Corporation premises of any law or material regulation, its reputation; (iii) material breach or violation of this Agreement, (iv) commission of any act of theft, fraud, dishonesty, or falsification of any employment or Corporation records, (v) appropriation of a business opportunity or transaction in contravention of Employee’s duties to the Corporation, (vi) any improper action by Employee which has a detrimental effect on the Corporation’s reputation or business, (vii) failure to perform the duties assigned or requested by Employee’s superiors, or (viii) gross negligence, incompetence negligence or willful misconduct by Employee in the performance of Employee’s dutiesduties that has not been cured within ten (10) days after written notice from the Corporation; (iv) intentional and material damage to the Corporation’s material property that has not been cured within ten (10) days after written notice from the Corporation; (v) Employee’s failure to abide by or with the directives of the Board that has not been cured within ten (10) days after written notice the Corporation; or (vi) material breach of a written agreement between the Corporation and the Employee that has not been cured within ten (10) days after written notice from the Corporation. Notwithstanding the above, Employee shall not be provided the opportunity to cure Employee’s repeated or persistent actions, failures or omissions occurring within a three month period which constitute Cause (in the absence of cure) hereunder and which would otherwise be curable but for such reoccurrence. In the event that Employee is terminated with “Cause,” Employee shall only be entitled to the payment of Employee’s then-current accrued, unpaid Base Compensation and accrued unused vacation, each prorated through the date of termination. In the case of an event of Cause under clauses (ii), (iii), (vi) or (vii), payable in accordance with the exception of any such events of Cause arising from breach of any of the provisions of Sections 7-13 hereofCorporation’s normal payroll schedule, Employee shall be provided the opportunity to cure such event within a reasonable time following written notice thereof less federal and not to exceed thirty (30) days following such notice (the “Cure Period”)state income tax withholding, customary employee deductions and if the Employee desires to effect a cure to same then Employee shall provide the Corporation with written notice within five business days following receipt of notice of Cause of such desire, and in the absence of such cure other deductions required by Employee within the Cure Period Employee shall be deemed terminated upon the expiration of the Cure Period unless otherwise mutually agreed in writing. However, notwithstanding the foregoing, Employee shall not be provided the opportunity pursuant to the foregoing sentence to cure Employee’s repeated or persistent actions, failures or omissions occurring within a three month period which constitute Cause (in the absence of cure) hereunder and which would otherwise be curable but for such reoccurrencelaw.