Common use of Termination by the Corporation Clause in Contracts

Termination by the Corporation. (a) The Corporation, by action of its Board, may terminate the 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 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" 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 reason of the Executive's physical or mental illness or impairment), provided that such Cause shall be deemed to occur only after the Corporation gave notice thereof to the 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 act of fraud or embezzlement, provided that such Cause shall be deemed to occur only after the Corporation gave notice thereof to the Executive specifying in reasonable detail the instances of such conduct, and the Executive had the opportunity to be heard at a meeting of the Board; (iii) breach of the Employee Non-Disclosure, Non-Competition and Assignment of Inventions Agreement or of such other subsequent agreements entered into during the Employment Period that results in a material detriment to the Corporation; (iv) conviction of a felony (including pleading guilty to a felony); or (v) habitual abuse of alcohol or drugs.

Termination by the Corporation. (a) The Corporation, by action of its Board of Directors ("Board"), may terminate the Executive's employment under this Agreement without Cause (as defined in Section 9.1(b6.1(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 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. "CAUSECause" 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 reason of the Executive's physical or mental illness or impairment), provided that such Cause shall be deemed to occur only after the Corporation gave notice thereof to the 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 act of fraud or embezzlement, provided that such Cause shall be deemed to occur only after the Corporation gave notice thereof to the Executive specifying in reasonable detail the instances of such conduct, and the Executive had the opportunity to be heard at a meeting of the Board; (iii) breach of the Employee Non-Disclosure, Non-Non- Competition and Assignment of Inventions Agreement or of such other subsequent agreements entered into during the Employment Period that results in a material detriment to the Corporation; (iv) conviction of a 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. 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) The CorporationExecutive'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 action Executive in willful misconduct which is injurious to the Corporation or any of its Boarddivisions, may terminate 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 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 terminationfor Cause. The Employment Period Such 30 day period shall terminate commence as of the date of such termination receipt by Executive of employment. (b) The Corporation, by action written notice from the Corporation of its Board, may intentions to terminate the Executive's employment under this Agreement for Cause at any time by notifying the Executive of such termination. For all purposes of this AgreementCause, the Employment Period which notice shall end as of the date of 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 reason of the Executive's physical or mental illness or impairment), provided that such Cause shall be deemed to occur only after the Corporation gave notice thereof to the Executive specifying state 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 act of fraud or embezzlement, provided that such Cause shall be deemed to occur only after acts which the Corporation gave notice thereof 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 Executive specifying in reasonable detail the instances end of such conduct, and the Executive had the opportunity to be heard at a meeting of the Board; (iii) breach of the Employee Non30-Disclosure, Non-Competition and Assignment of Inventions Agreement or of such other subsequent agreements entered into during the Employment Period that results in a material detriment to the Corporation; (iv) conviction of a felony (including pleading guilty to a felony); or (v) habitual abuse of alcohol or drugsday period.

Termination by the Corporation. (a) The Corporation, by action of its Board, may terminate the Executive's employment under this Agreement without Cause (as defined in Section 9.1(b8(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 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. "CAUSECause" 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 reason of the Executive's physical or mental illness or impairment), provided that such Cause shall be deemed to occur only after the Corporation gave notice thereof to the 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 act of fraud or embezzlement, provided that such Cause shall be deemed to occur only after the Corporation gave notice thereof to the Executive specifying in reasonable detail the instances of such conduct, and the Executive had the opportunity to be heard at a meeting of the Board; (iii) breach of the Employee Non-Disclosure, Non-Competition and Assignment of Inventions Agreement or of such other subsequent agreements entered into during the Employment Period that results in a material detriment to the Corporation; (iv) conviction of a felony (including pleading guilty to a felony); or (v) habitual abuse of alcohol or drugs.

Termination by the Corporation. (a) The Corporation, by action of its Board, may terminate the Executive's employment under this Agreement without Cause (as defined in Section 9.1(b8.1(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 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. "CAUSECause" 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 reason of the Executive's physical or mental illness or impairment), provided that such Cause shall be deemed to occur only after the Corporation gave notice thereof to the 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 act of fraud or embezzlement, provided that such Cause shall be deemed to occur only after the Corporation gave notice thereof to the Executive specifying in reasonable detail the instances of such conduct, and the Executive had the opportunity to be heard at a meeting of the Board; (iii) breach of the Employee Non-Disclosure, Non-Competition and Assignment of Inventions Agreement or of such other subsequent agreements entered into during the Employment Period that results in a material detriment to the Corporation; (iv) conviction of a felony (including pleading guilty to a felony); or (v) habitual abuse of alcohol or drugs.