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.
Appears in 13 contracts
Samples: Employment Agreement (TechTarget Inc), Employment Agreement (TechTarget Inc), Employment Agreement (TechTarget Inc)
Termination by the Employer for Cause. The Executive’s '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.
Appears in 5 contracts
Samples: Employment Agreement (TechTarget Inc), Employment Agreement (TechTarget Inc), Employment Agreement (TechTarget Inc)
Termination by the Employer for Cause. The Executive’s employment under this Agreement may be terminated for Cause (as defined below) at any time (including during the Notice Period (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.
Appears in 4 contracts
Samples: Employment Agreement (TechTarget Inc), Employment Agreement (TechTarget Inc), Employment Agreement (TechTarget Inc)
Termination by the Employer for Cause. The Executive’s employment under this Agreement may be terminated for Cause (as defined below) without further liability on the part of the Employer effective immediately by the Chief Executive Officer or upon a vote of the Board of Directors, prior to which the Employer shall have given the Executive ten (10) days prior Directors and written notice and to the opportunity to be heard on such matter at a meeting of the BoardExecutive. Only the following shall constitute “Cause” for such termination:
(i) any act, whether or not involving act committed by the Executive against the Employer or any affiliate of the Employerits affiliates which involves fraud, of fraud willful misconduct, gross negligence or gross misconduct;insubordination; or
(ii) the commission by the Executive of of, or indictment for (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.
Appears in 3 contracts
Samples: Employment Agreement (Digital Development Group Corp), Employment Agreement (Digital Development Group Corp), Employment Agreement (Digital Development Group Corp)
Termination by the Employer for Cause. The Executive’s employment under this Agreement may be terminated for Cause (as defined below) without further liability on the part of the Employer effective immediately upon a vote of the Board of Directors, prior to which the Employer shall have given the Executive ten (10) days prior Directors and written notice and to the opportunity to be heard on such matter at a meeting of the BoardExecutive. Only the following shall constitute “Cause” for such termination:
(i) any act, whether or not involving act committed by the Executive against the Employer or any affiliate of the Employerits affiliates which involves fraud, of fraud willful misconduct, gross negligence or gross misconduct;insubordination; or
(ii) the commission by the Executive of of, or indictment for (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.
Appears in 2 contracts
Samples: Employment Agreement (Mandalay Digital Group, Inc.), Employment Agreement (Mandalay Digital Group, Inc.)
Termination by the Employer for Cause. The Executive’s employment under this Agreement may be terminated for Cause (as defined below) without further liability on the part of the Employer effective immediately upon a vote of at least sixty-six and two-thirds percent (66 2/3%) of the members of the Board of Directors, prior to which the Employer shall have given the Executive ten (10) days prior Directors and written notice and to the opportunity to be heard on such matter at a meeting of the BoardExecutive. Only the following shall constitute “Cause” for such termination:
(i) any act, whether or not involving act committed by the Executive against the Employer or any affiliate of the Employerits affiliates which involves fraud, of fraud willful misconduct, gross negligence or gross misconduct;insubordination; or
(ii) the commission by the Executive of of, or indictment for, (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.
Appears in 1 contract
Samples: Employment Agreement (Digital Development Group Corp)
Termination by the Employer for Cause. The Executive’s employment under this Agreement may be terminated for Cause (as defined below) without further liability on the part of the Employer effective immediately upon a vote approval of the Board of Directors, prior to which the Employer shall have given the Executive ten (10) days prior Directors and written notice and to the opportunity to be heard on such matter at a meeting of the BoardExecutive. Only the following shall constitute “Cause” for such termination:
(i) any act, whether or not involving act committed by the Executive against the Employer or any affiliate of the Employerits affiliates which involves fraud, of fraud willful misconduct, gross negligence or gross misconduct;insubordination; or
(ii) the commission by the Executive of of, or indictment for (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.
Appears in 1 contract
Samples: Employment Agreement (Mandalay Digital Group, Inc.)
Termination by the Employer for Cause. The Executive’s employment under this Agreement may be terminated for Cause (as defined below) without further liability on the part of the Employer effective immediately upon a vote of at least sixty-six and two-thirds percent (66 2/3%) of the members of the Board of Directors, prior to which the Employer shall have given the Executive ten (10) days prior Directors and written notice and to the opportunity to be heard on such matter at a meeting of the BoardExecutive. Only the following shall constitute “Cause” for such termination:
(i) any act, whether or not involving act committed by the Executive against the Employer or any affiliate of the Employerits affiliates which involves fraud, of fraud willful misconduct, gross negligence or gross misconduct;insubordination; or
(ii) the commission by the Executive of of, or indictment for (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.
Appears in 1 contract