Termination by the Employer for Cause. If the Employer terminates this Agreement for cause, the Executive will be entitled to receive his Salary only through the date such termination is effective, but will not be entitled to any Incentive Compensation for the Fiscal Year during which such termination occurs or any subsequent Fiscal Year.
Termination by the Employer for Cause. The Employer has the right, at any time and without notice or compensation in lieu of notice (unless expressly required by the ESA), to terminate the Employee’s employment for cause. In the event that the Employee’s employment is terminated for cause, the Employer will be required to provide the Employee only with the following: (a) any portion of the Employee’s Base Salary earned up to and including the Termination Date but not yet paid; (b) accrued vacation pay, if any, that the Employee earned up to and including the Termination Date that has not yet paid; (c) any expense reimbursements incurred by the Employee up to and including the Termination Date but not yet paid; and (d) unless specifically disentitled by the ESA, the minimum statutory notice or pay in lieu of notice, benefits continuation, severance pay, if applicable, and any other minimum requirements of the ESA. Without limiting the foregoing, any one or more of the following events shall constitute cause:
a. theft, dishonesty, or other similar behaviour by the Employee;
b. the conviction of the Employee of any criminal or quasi-criminal offence for which the Employee has not been pardoned provided that such pardon has not been revoked;
c. any material neglect of duty or misconduct of the Employee in discharging any of the Employee’s duties and responsibilities hereunder;
d. any conduct of the Employee which, in the opinion of the Employer, acting reasonably, is materially detrimental to the Employer;
e. any material default of the Employee’s obligations under this Agreement;
f. any material failure of or refusal by the Employee to comply with the lawful policies, rules and regulations of the Employer; or
g. any act, omission or cause of action recognized as cause under law. For greater certainty, nothing herein is intended to limit the Employee’s entitlement to any minimum statutory termination entitlements under the ESA, and such minimum statutory entitlements shall, if required, apply.
Termination by the Employer for Cause. If the Employer terminates this Agreement for cause, the Employee will be entitled to receive the Employee’s Salary and Incentive Compensation prorated through the date such termination is effective
Termination by the Employer for Cause. The Executive’s employment under this Agreement may be terminated for Cause (as defined below) on the part of the Employer effective upon a vote of the Board of Directors, prior to which the Employer shall have given the Executive ten (10) days prior written notice and the opportunity to be heard on such matter at a meeting of the Board. Only the following shall constitute “Cause” for such termination:
(i) any act, whether or not involving the Employer or any affiliate of the Employer, of fraud or gross misconduct;
(ii) the commission by the Executive of (A) a felony or (B) any misdemeanor involving moral turpitude, deceit, dishonesty or fraud; or
(iii) gross negligence or willful misconduct of the Executive with respect to the Employer or any affiliate of the Employer.
Termination by the Employer for Cause. At any time during the Term, the Employer may terminate the Employee’s employment hereunder for Cause. For purposes of this Agreement, “Cause” shall mean: (i) conduct by the Employee constituting a material act of willful misconduct in connection with the performance of the Employee’s duties that results in loss, damage or injury that is material to the Employer; (ii) the commission by the Employee of any felony; (iii) continued, willful and deliberate non-performance by the Employee of the Employee’s duties hereunder (other than by reason of the Employee’s physical or mental illness, incapacity or disability); (iv) a material breach, according to the standard of the Employer, by the Employee of Section 6 of this Agreement that results in loss, damage or injury that is material to the Employer; (v) willful failure to cooperate with a bona fide internal investigation or an investigation by regulatory or law enforcement authorities, after being instructed by the Employer to cooperate, or the willful destruction or failure to preserve documents or other materials known to be relevant to such investigation or the willful inducement of others to fail to cooperate or to produce documents or other materials in connection with such investigations; or (vi) fraud, embezzlement or theft against the Employer or any of its Affiliates (as defined in Section 6(a) below). With respect to the events in (i), (iii) and (iv) herein, the Employer shall have delivered written notice to the Employee of its intention to terminate the Employee’s employment for Cause, which notice specifies in reasonable detail the circumstances claimed to give rise to the Employer’s right to terminate the Employee’s employment for Cause and the Employee shall not have cured such circumstances to the extent such circumstances are reasonably susceptible to cure as determined by the Board in good faith within thirty (30) days following the Employer’s delivery of such notice. For avoidance of doubt, “Cause” shall not include (x) expense reimbursement disputes in which the Employee acts in reasonable good faith; (y) occasional, customary and de minimis use of the Employer’s property for personal purposes; and (z) acting in good faith upon advice of Employer’s legal counsel.
Termination by the Employer for Cause. Subject to any applicable right to cure under Section 4(g)(i), the Employer may terminate the Employee’s employment at any time, effective immediately, for Cause upon written notice to the Employee. In the event that the Employer terminates the Employee pursuant to this Section 4(c), the Employer shall have no further obligation or liability under this Agreement, except that the Employer shall pay to the Employee: (i) any portion of the Employee’s Base Salary for the period up to the Termination Date that has been earned but remains unpaid; and (ii) any benefits that have been earned, accrued and are due to the Employee under the terms of the employee benefit plans of the Employer, which benefits shall be paid in accordance with the terms of those plans.
Termination by the Employer for Cause. If the Employer terminates this agreement for Cause, the Executive shall be paid, as soon as practicable but no later than two and one-half months following such termination, all earned but unpaid Base Salary through the date of termination. In the event the Employer terminates the Executive’s employment for Cause, the Executive shall have no further obligation or liability to the Employer in connection with his performance of this agreement (except the continuing obligations specified in Section 11).
Termination by the Employer for Cause. The Employee may be terminated for Cause by the Employer. "Cause" shall mean (i) the willful failure of the Employee substantially to perform his duties hereunder (other than any such failure due to physical or mental illness) after a demand for substantial performance is delivered to the Employee by the executive to which the Employee reports or by Employer's Board, which notice identifies the manner in which such executive or Employer's Board, as the case may be, believes that the Employee has not substantially performed his duties, (ii) the Employee's engaging in willful and serious misconduct that is injurious to Employer or any of its subsidiaries, (iii) the Employee's regularly making a substantial, abusive use of alcohol, drug, or similar substances, and such abuse in the Employer's judgment has affected his ability to conduct the business of the Employer in a proper and prudent manner, (iv) the Employee's conviction of, or entering a plea of nolo contendere to, a crime that constitutes a felony, or (v) the willful and material breach by the Employee of any of his obligations hereunder, or the willful and material breach by the Employee of any written covenant or agreement with the Employer or any of its affiliates not to disclose any information pertaining to the Employer or any of its affiliates or not to compete or interfere with the Employer or any of its affiliates.
Termination by the Employer for Cause. The Executive's employment ------------------------------------- under this Agreement may be terminated for cause without further liability on the part of the Employer effective immediately upon a vote of the Board of Directors and written notice to the Executive. Only the following shall constitute "cause" for such termination:
(i) dishonest statements or acts of the Executive with respect to the Employer or any affiliate of the Employer which constitute material disloyalty or dishonesty toward the Employer or any affiliate of the Employer or cause significant damage to the Employer or any affiliate of the Employer, including damage to the business reputation of the Employer or any affiliate of the Employer;
(ii) the commission by or indictment of the Executive for (A) a felony or (B) any misdemeanor involving moral turpitude, deceit, dishonesty or fraud ("indictment," for these purposes, meaning an indictment, probable cause hearing or any other procedure pursuant to which an initial determination of probable or reasonable cause with respect to such offense is made);
(iii) failure to perform to the reasonable satisfaction of the Board of Directors a substantial portion of the Executive's duties and responsibilities reasonably assigned or delegated under this Agreement, which failure continues, in the reasonable judgment of the Board of Directors, after written notice given to the Executive by the Board of Directors;
(iv) gross negligence, willful misconduct or insubordination of the Executive with respect to the Employer or any affiliate of the Employer which is repeated or continued by the Executive, in the reasonable judgment of the Board of Directors, after written notice given to the Executive by the Board of Directors; or
(v) material breach by the Executive of any of the Executive's obligations under this Agreement, which breach is repeated or continued by the Executive, in the reasonable judgment of the Board of Directors, after written notice given to the Executive by the Board of Directors. Notwithstanding the foregoing, the Executive's employment may not be terminated for cause as a result of the Executive's refusal to comply with any request by the Employer to relocate the Executive's principal place of employment to a new location that is beyond a fifty (50) mile radius from the Executive's current principal place of employment.
Termination by the Employer for Cause. In the event your employment is terminated by the Employer under Section 9(a), then:
