Common use of Termination by the Corporation Clause in Contracts

Termination by the Corporation. The Corporation shall have the right to terminate Executive's employment at any time for "Cause." For purposes of this Agreement, "Cause" shall mean (a) Executive's failure, neglect or refusal to fully perform his material duties under this Agreement, (b) Executive's willful and continued failure or refusal to follow material directions from his superiors or any other act of insubordination on the part of Executive, (c) the engaging by Executive in willful misconduct which is injurious to the Corporation or any of its divisions, subsidiaries or affiliates, monetarily or otherwise, (d) the commission by Executive of an act of fraud or embezzlement against the Corporation or any of its divisions, subsidiaries or affiliates, (e) the conviction of Executive of a felony, or (f) Executive's material breach of the provisions of any of Section 4.01, 4.02 or any other material provision of this Agreement; provided, however, that except in the case of acts described in clauses (d) and (e) of this sentence, Executive shall have a period of 30 days to cure any acts which would otherwise give the Corporation the right to terminate his employment for Cause. Such 30 day period shall commence as of the date of receipt by Executive of written notice from the Corporation of its intentions to terminate Executive's employment for Cause, which notice shall state in reasonable detail the acts which the Corporation considers to be grounds for such termination. The Corporation shall thereafter have the right to terminate Executive's employment for Cause only if such acts have not been substantially cured prior to the end of such 30-day period.

Termination by the Corporation. (a) The Corporation shall have Corporation, by action of its Board of Directors ("Board"), may terminate the right to terminate Executive's employment under this Agreement without Cause (as defined in Section 6.1(b)), at any time by giving notice thereof to the Executive at least ninety (90) days before the effective date of such termination. The Employment Period shall terminate as of the date of such termination of employment. (b) The Corporation, by action of its Board, may terminate the Executive's employment under this Agreement for "Cause." Cause at any time by notifying the Executive of such termination. For all purposes of this Agreement, "Cause" the Employment Period shall mean (a) Executive's failure, neglect or refusal to fully perform his material duties under this Agreement, (b) Executive's willful and continued failure or refusal to follow material directions from his superiors or any other act of insubordination on the part of Executive, (c) the engaging by Executive in willful misconduct which is injurious to the Corporation or any of its divisions, subsidiaries or affiliates, monetarily or otherwise, (d) the commission by Executive of an act of fraud or embezzlement against the Corporation or any of its divisions, subsidiaries or affiliates, (e) the conviction of Executive of a felony, or (f) Executive's material breach of the provisions of any of Section 4.01, 4.02 or any other material provision of this Agreement; provided, however, that except in the case of acts described in clauses (d) and (e) of this sentence, Executive shall have a period of 30 days to cure any acts which would otherwise give the Corporation the right to terminate his employment for Cause. Such 30 day period shall commence end as of the date of receipt such termination of employment. "Cause" means the Executive's: (i) persistent and repeated refusal, failure or neglect to perform the material duties of his employment under this Agreement (other by Executive reason of written notice from the Executive's physical or mental illness or impairment), provided that such Cause shall be deemed to occur only after the Corporation of its intentions gave notice thereof to terminate Executive's employment for Cause, which notice shall state the Executive specifying in reasonable detail the acts which conduct constituting Cause, and the Executive failed to cure and correct his conduct within thirty (30) days after such notice; (ii) committing any act of fraud or embezzlement, provided that such Cause shall be deemed to occur only after the Corporation considers gave notice thereof to the Executive specifying in reasonable detail the instances of such conduct, and the Executive had the opportunity to be grounds for heard at a meeting of the Board; (iii) breach of the Employee Non-Disclosure, Non- Competition and Assignment of Inventions Agreement or of such termination. The Corporation shall thereafter have other subsequent agreements entered into during the right to terminate Executive's employment for Cause only if such acts have not been substantially cured prior Employment Period that results in a material detriment to the end Corporation; (iv) conviction of such 30-day perioda felony (including pleading guilty to a felony) or commitment of other acts causing or likely to cause a material detriment to the reputation of the Corporation; or (v) habitual abuse of alcohol or drugs.

Termination by the Corporation. (a) The Corporation shall have Corporation, by action of its Board, may terminate the right to terminate Executive's employment under this Agreement without Cause (as defined in Section 9.1(b)), at any time by giving notice thereof to the Executive at least ninety (90) days before the effective date of such termination. The Employment Period shall terminate as of the date of such termination of employment. (b) The Corporation, by action of its Board, may terminate the Executive's employment under this Agreement for "Cause." Cause at any time by notifying the Executive of such termination. For all purposes of this Agreement, "Cause" the Employment Period shall mean (a) Executive's failure, neglect or refusal to fully perform his material duties under this Agreement, (b) Executive's willful and continued failure or refusal to follow material directions from his superiors or any other act of insubordination on the part of Executive, (c) the engaging by Executive in willful misconduct which is injurious to the Corporation or any of its divisions, subsidiaries or affiliates, monetarily or otherwise, (d) the commission by Executive of an act of fraud or embezzlement against the Corporation or any of its divisions, subsidiaries or affiliates, (e) the conviction of Executive of a felony, or (f) Executive's material breach of the provisions of any of Section 4.01, 4.02 or any other material provision of this Agreement; provided, however, that except in the case of acts described in clauses (d) and (e) of this sentence, Executive shall have a period of 30 days to cure any acts which would otherwise give the Corporation the right to terminate his employment for Cause. Such 30 day period shall commence end as of the date of receipt such termination of employment. "CAUSE" means the Executive's: (i) persistent and repeated refusal, failure or neglect to perform the material duties of his employment under this Agreement (other by Executive reason of written notice from the Executive's physical or mental illness or impairment), provided that such Cause shall be deemed to occur only after the Corporation of its intentions gave notice thereof to terminate Executive's employment for Cause, which notice shall state the Executive specifying in reasonable detail the acts which conduct constituting Cause, and the Executive failed to cure and correct his conduct within thirty (30) days after such notice; (ii) committing any act of fraud or embezzlement, provided that such Cause shall be deemed to occur only after the Corporation considers gave notice thereof to the Executive specifying in reasonable detail the instances of such conduct, and the Executive had the opportunity to be grounds for heard at a meeting of the Board; (iii) breach of the Employee Non-Disclosure, Non-Competition and Assignment of Inventions Agreement or of such termination. The Corporation shall thereafter have other subsequent agreements entered into during the right to terminate Executive's employment for Cause only if such acts have not been substantially cured prior Employment Period that results in a material detriment to the end Corporation; (iv) conviction of such 30-day perioda felony (including pleading guilty to a felony); or (v) habitual abuse of alcohol or drugs.

Termination by the Corporation. (a) The Corporation shall have Corporation, by action of its Board, may terminate the right to terminate Executive's employment under this Agreement without Cause (as defined in Section 8.1(b)), at any time by giving notice thereof to the Executive at least ninety (90) days before the effective date of such termination. The Employment Period shall terminate as of the date of such termination of employment. (b) The Corporation, by action of its Board, may terminate the Executive's employment under this Agreement for "Cause." Cause at any time by notifying the Executive of such termination. For all purposes of this Agreement, "Cause" the Employment Period shall mean (a) Executive's failure, neglect or refusal to fully perform his material duties under this Agreement, (b) Executive's willful and continued failure or refusal to follow material directions from his superiors or any other act of insubordination on the part of Executive, (c) the engaging by Executive in willful misconduct which is injurious to the Corporation or any of its divisions, subsidiaries or affiliates, monetarily or otherwise, (d) the commission by Executive of an act of fraud or embezzlement against the Corporation or any of its divisions, subsidiaries or affiliates, (e) the conviction of Executive of a felony, or (f) Executive's material breach of the provisions of any of Section 4.01, 4.02 or any other material provision of this Agreement; provided, however, that except in the case of acts described in clauses (d) and (e) of this sentence, Executive shall have a period of 30 days to cure any acts which would otherwise give the Corporation the right to terminate his employment for Cause. Such 30 day period shall commence end as of the date of receipt such termination of employment. "Cause" means the Executive's: (i) persistent and repeated refusal, failure or neglect to perform the material duties of his employment under this Agreement (other than by Executive reason of written notice from the Executive's physical or mental illness or impairment), provided that such Cause shall be deemed to occur only after the Corporation of its intentions gave notice thereof to terminate Executive's employment for Cause, which notice shall state the Executive specifying in reasonable detail the acts which conduct constituting Cause, and the Executive failed to cure and correct his conduct within thirty (30) days after such notice; (ii) committing any act of fraud or embezzlement, provided that such Cause shall be deemed to occur only after the Corporation considers gave notice thereof to the Executive specifying in reasonable detail the instances of such conduct, and the Executive had the opportunity to be grounds for heard at a meeting of the Board; (iii) breach of the Employee Non-Disclosure, Non-Competition and Assignment of Inventions Agreement or of such termination. The Corporation shall thereafter have other subsequent agreements entered into during the right to terminate Executive's employment for Cause only if such acts have not been substantially cured prior Employment Period that results in a material detriment to the end Corporation; (iv) conviction of such 30-day perioda felony (including pleading guilty to a felony); or (v) habitual abuse of alcohol or drugs.

Termination by the Corporation. (a) The Corporation shall have may terminate the right to terminate Executive's employment under this Agreement without Cause (as defined in Section 9.1(b)), at any time by giving notice thereof to the Executive at least thirty (30) days before the effective date of such termination. The Employment Period shall terminate as of the date of such termination of employment. (b) The Corporation may terminate the Executive's employment under this Agreement for "Cause." Cause at any time by notifying the Executive of such termination. For all purposes of this Agreement, the Employment Period shall end as of the date of such termination of employment. "Cause" shall mean the Executive's: (ai) persistent and repeated refusal, failure or neglect to perform the material duties of his employment under this Agreement (other by reason of the Executive's failurephysical or mental illness or impairment), neglect or refusal provided that such Cause shall be deemed to fully perform his material duties under this Agreement, (b) Executive's willful and continued failure or refusal to follow material directions from his superiors or any other act of insubordination on occur only after the part of Executive, (c) the engaging by Executive in willful misconduct which is injurious Corporation gave written notice thereof to the Corporation or Executive specifying in reasonable detail the conduct constituting Cause, and the Executive failed to cure and correct his conduct within thirty (30) days after such notice; (ii) committing any of its divisions, subsidiaries or affiliates, monetarily or otherwise, (d) the commission by Executive of an act of fraud or embezzlement against embezzlement, provided that such Cause shall be deemed to occur only after the Corporation or any of its divisions, subsidiaries or affiliates, (e) the conviction of Executive of a felony, or (f) Executive's material breach of the provisions of any of Section 4.01, 4.02 or any other material provision of this Agreement; provided, however, that except in the case of acts described in clauses (d) and (e) of this sentence, Executive shall have a period of 30 days to cure any acts which would otherwise give the Corporation the right to terminate his employment for Cause. Such 30 day period shall commence as of the date of receipt by Executive of gave written notice from thereof to the Corporation of its intentions to terminate Executive's employment for Cause, which notice shall state Executive specifying in reasonable detail the acts which instances of such conduct, and the Corporation considers Executive had the opportunity to be grounds for heard at a meeting of the Board; (iii) breach of the Employee Non-Disclosure and Assignment of Inventions Agreement or of such termination. The Corporation shall thereafter have other subsequent agreements entered into during the right to terminate Executive's employment for Cause only if such acts have not been substantially cured prior Employment Period that results in a material detriment to the end Corporation; (iv) conviction of such 30-day perioda felony (including pleading guilty to a felony); or (v) habitual abuse of alcohol or drugs.

Termination by the Corporation. (a) The Corporation shall have Corporation, by action of its Board, may terminate the right to terminate Executive's employment under this Agreement without Cause (as defined in Section 8(b)), at any time by giving notice thereof to the Executive at least ninety (90) days before the effective date of such termination. The Employment Period shall terminate as of the date of such termination of employment. (b) The Corporation, by action of its Board, may terminate the Executive's employment under this Agreement for "Cause." Cause at any time by notifying the Executive of such termination. For all purposes of this Agreement, "Cause" the Employment Period shall mean (a) Executive's failure, neglect or refusal to fully perform his material duties under this Agreement, (b) Executive's willful and continued failure or refusal to follow material directions from his superiors or any other act of insubordination on the part of Executive, (c) the engaging by Executive in willful misconduct which is injurious to the Corporation or any of its divisions, subsidiaries or affiliates, monetarily or otherwise, (d) the commission by Executive of an act of fraud or embezzlement against the Corporation or any of its divisions, subsidiaries or affiliates, (e) the conviction of Executive of a felony, or (f) Executive's material breach of the provisions of any of Section 4.01, 4.02 or any other material provision of this Agreement; provided, however, that except in the case of acts described in clauses (d) and (e) of this sentence, Executive shall have a period of 30 days to cure any acts which would otherwise give the Corporation the right to terminate his employment for Cause. Such 30 day period shall commence end as of the date of receipt such termination of employment. "Cause" means the Executive's: (i) persistent and repeated refusal, failure or neglect to perform the material duties of his employment under this Agreement (other than by Executive reason of written notice from the Executive's physical or mental illness or impairment), provided that such Cause shall be deemed to occur only after the Corporation of its intentions gave notice thereof to terminate Executive's employment for Cause, which notice shall state the Executive specifying in reasonable detail the acts which conduct constituting Cause, and the Executive failed to cure and correct his conduct within thirty (30) days after such notice; (ii) committing any act of fraud or embezzlement, provided that such Cause shall be deemed to occur only after the Corporation considers gave notice thereof to the Executive specifying in reasonable detail the instances of such conduct, and the Executive had the opportunity to be grounds for heard at a meeting of the Board; (iii) breach of the Employee Non-Disclosure, Non-Competition and Assignment of Inventions Agreement or of such termination. The Corporation shall thereafter have other subsequent agreements entered into during the right to terminate Executive's employment for Cause only if such acts have not been substantially cured prior Employment Period that results in a material detriment to the end Corporation; (iv) conviction of such 30-day perioda felony (including pleading guilty to a felony); or (v) habitual abuse of alcohol or drugs.