Common use of Termination by University for Cause Clause in Contracts

Termination by University for Cause. The University shall have the right to terminate this Agreement for cause at any time. The term “cause” shall include, in addition to and as examples of its reasonable and customary meaning in employment contracts, any of the following: 1. Failure to perform the duties outlined in Article 4.2 of this Agreement or refusal or unwillingness to perform such duties in good faith and to the best of the Employee’s abilities; 2. Material breach by Employee of any of the other terms and conditions of this Agreement; 3. Any conduct of the Employee in violation of any criminal statute of moral turpitude; 4. Any behavior of Employee that brings Employee into public disrepute, contempt, scandal or ridicule or any behavior that would bring disfavor to the reputation of the University; 5. Any serious or intentional violation of any law or of any policy, rule, regulation, constitutional provision, bylaw or interpretation of the University, the Nevada System of Higher Education, the NCAA or the Conference, which violation may, in the sole judgment of the University, reflect adversely upon the University or its Athletic Department. This shall include, without limitation, any violation which may result in the University being sanctioned by the NCAA or the Conference, and may also include any violation which may have occurred during prior employment of the Employee at another NCAA member institution;; 6. Any intentional violation, of which Employee knew or should have known, of any law or of any policy, rule, regulation, constitutional provision, bylaw or interpretation of the University, the NCAA or the Conference, which violation may, in the sole judgment of the University, reflect adversely upon the University or the programs of its Athletic Department, including any violation which may result in the University being sanctioned by the NCAA or the Conference; 7. Conduct of the Employee which, in the sole judgment of the University, is seriously prejudicial to the best interests of the University or its Athletic Department or which violates the University’s mission; 8. Prolonged absence from duty without the written consent from the President; or 9. Any cause adequate to sustain the termination of any other University employee under the provisions of the NSHE Code, Title 2, Chapter 6.

Termination by University for Cause. The University shall have the right to terminate this Agreement for cause at any time. The In the sole reasonable judgment of the University, the term “cause” shall include, in addition to and as examples of its reasonable and customary meaning in employment contracts, any of the following: 1. Failure Insubordination, including but not limited to, failure to follow instructions from the Athletic Director or designee consistent with the terms of this Agreement, failure to comply with Athletic Department policies and procedures, failure to perform material duties and responsibilities of Head Coach as specified in this employment agreement or as reviewed, assigned, and revised in accordance with Article 4.2 of this Agreement; 2. Deliberate and serious violations, of the duties outlined in Article 4.2 of this Agreement or refusal or unwillingness to perform such duties in good faith and to the best of the Employee’s abilities; 2. Material breach by Employee of any of the other terms and conditions of this Agreement; 3. Any conduct of the Employee in violation of any criminal statute of moral turpitude; 4. Any behavior of Employee that brings Employee into public disrepute, contempt, scandal or ridicule or any behavior that would bring disfavor to the reputation of the University; 5. Any A serious or intentional violation of any law or of any policy, rule, regulation, constitutional provision, bylaw or interpretation of the University, the Nevada System of Higher Education, the NCAA or the Conference, which violation may, in the sole reasonable judgment of the University, reflect adversely upon the University or its Athletic Department, including any violation which may result in the University being sanctioned by the NCAA or the Conference, and including any violation which may have occurred during prior employment of the Employee at another NCAA member institution; 5. A serious or intentional violation of any law or of any policy, rule, regulation, constitutional provision, bylaw or interpretation of the University, the NCAA or the Conference, by Employee or student athletes in the Program, which violation may, in the sole reasonable judgment of the University, reflect adversely upon the University or the programs of its Athletic Department. This shall include, without limitation, any violation which may result in the University being sanctioned by the NCAA or the Conference, and any may also include any violation which may have occurred during prior employment of the Employee at another NCAA member institution;; 6. Any intentional violation, of which Employee knew or should have known, of any law or of any policy, rule, regulation, constitutional provision, bylaw or interpretation of the University, the NCAA or the Conference, which violation may, in the sole judgment of the University, reflect adversely upon the University or the programs of its Athletic Department, including any violation which may result in the University being sanctioned by the NCAA or the Conference; 7. Conduct of the Employee which, in the sole reasonable judgment of the University, is seriously prejudicial to the best interests of the University or its Athletic Department Department, or which violates violated the University’s mission; 7. Any behavior that brings Employee or University into public disrepute, contempt, scandal or ridicule or any behavior that would bring disfavor to the reputation or ethical standards of NSHE or the University; 8. Prolonged absence from duty without the written consent from of the President; orAthletic Director or designee; 9. Failure to take appropriate steps to achieve and maintain the minimum APR in any academic year as required by Article 4.2.c.8, including Employee’s failure to require all athletes on the Program’s team to follow all academic procedures established by the Athletic Department, and also including failure to propose and implement a written plan of action to achieve the minimum APR for the next academic year if the said minimum APR is not achieved in any academic year; 10. Breach of this Agreement; 11. Any cause adequate to sustain the termination of any other University employee under the provisions of the NSHE Code, Title 2, Chapter 6; and/or 12. Overall unsatisfactory rating in the Employee’s annual personnel evaluation for two (2) consecutive years.

Termination by University for Cause. The University shall have the right to terminate this Agreement for cause at any time. The In the sole reasonable judgment of the University, the term “cause” shall include, in addition to and as examples of its reasonable and customary meaning in employment contracts, any of the following: 1. Failure Insubordination, including but not limited to, failure to follow instructions from the Athletic Director consistent with the terms of this Agreement, failure to comply with Athletic Department policies and procedures, failure to perform material duties and responsibilities of Head Coach as specified in this employment agreement or as reviewed, assigned, and revised in accordance with Article 4.2 of this Agreement; 2. Deliberate and serious violations, of the duties outlined in Article 4.2 of this Agreement or refusal or unwillingness to perform such duties in good faith and to the best of the Employee’s abilities; 2. Material breach by Employee of any of the other terms and conditions of this Agreement; 3. Any conduct of the Employee in violation of any criminal statute of moral turpitude; 4. Any behavior of Employee that brings Employee into public disrepute, contempt, scandal or ridicule or any behavior that would bring disfavor to the reputation of the University; 5. Any A serious or intentional violation of any law or of any policy, rule, regulation, constitutional provision, bylaw or interpretation of the University, the Nevada System of Higher Education, the NCAA or the Conference, which violation may, in the sole reasonable judgment of the University, reflect adversely upon the University or its Athletic Department, including any violation which may result in the University being sanctioned by the NCAA or the Conference, and including any violation which may have occurred during prior employment of the Employee at another NCAA member institution; 5. A serious or intentional violation of any law or of any policy, rule, regulation, constitutional provision, bylaw or interpretation of the University, the NCAA or the Conference, by Employee or student athletes in the Program, which violation may, in the sole reasonable judgment of the University, reflect adversely upon the University or the programs of its Athletic Department. This shall include, without limitation, any violation which may result in the University being sanctioned by the NCAA or the Conference, and any may also include any violation which may have occurred during prior employment of the Employee at another NCAA member institution;; 6. Any intentional violation, of which Employee knew or should have known, of any law or of any policy, rule, regulation, constitutional provision, bylaw or interpretation of the University, the NCAA or the Conference, which violation may, in the sole judgment of the University, reflect adversely upon the University or the programs of its Athletic Department, including any violation which may result in the University being sanctioned by the NCAA or the Conference; 7. Conduct of the Employee which, in the sole reasonable judgment of the University, is seriously prejudicial to the best interests of the University or its Athletic Department Department, or which violates violated the University’s mission; 7. Any behavior that brings Employee or University into public disrepute, contempt, scandal or ridicule or any behavior that would bring disfavor to the reputation or ethical standards of NSHE or the University; 8. Prolonged absence from duty without the written consent from of the President; orAthletic Director or designee; 9. Failure to take appropriate steps to achieve and maintain the minimum APR in any academic year as required by Article 4.2.c.8, including Employee’s failure to require all athletes on the Program’s team to follow all academic procedures established by the Athletic Department, and also including failure to propose and implement a written plan of action to achieve the minimum APR for the next academic year if the said minimum APR is not achieved in any academic year; 10. Breach of this Agreement; 11. Any cause adequate to sustain the termination of any other University employee under the provisions of the NSHE Code, Title 2, Chapter 6; and/or 12. Overall unsatisfactory rating in the Employee’s annual personnel evaluation for two (2) consecutive years.

Termination by University for Cause. The University shall have the right to terminate this 11.1 This Agreement may be terminated for cause at any timeby University. The term “cause” shall includeTermination for cause may be for, in addition to and as examples of its reasonable and customary meaning in employment contractsbut is not limited to, any of the following: 1. Failure a) COACH’s failure to perform the duties outlined in Article 4.2 of this Agreement successfully complete or refusal or unwillingness to perform such duties in good faith and to the best of the Employee’s abilities; 2. Material breach by Employee of carry out any of the other terms and conditions duties, responsibilities or obligations set forth in Section 3.0 of this Agreement; 3. Any conduct of the Employee in violation of any criminal statute of moral turpitude; 4. Any behavior of Employee that brings Employee into public disreputeb) The causes will also be understood to include, contempt, scandal or ridicule or any behavior that would bring disfavor but are not limited to the reputation of the University;following: 51. Any A serious or intentional violation by coaches or by members of coaches' staff or any other person under coaches' supervision and direction, including student-athletes, of any law or of any policylaw, rule, regulation, or constitutional provision, bylaw or interpretation of any conference to which the University, the Nevada System of Higher Education, the NCAA or the ConferenceUniversity may belong, which violation may, in the sole judgment of the University, reflect adversely upon the University or its Athletic Departmentathletic program. This shall include, without limitation, any violation which may result in the University being sanctioned by the NCAA or the Conference, and may also include includes any violation which may have occurred during prior employment of the Employee at another NCAA member institution;; 6. Any intentional violation, institution of which Employee knew or should have known, of any law or of any policy, rule, regulation, constitutional provision, bylaw or interpretation of the University, the NCAA or the Conference, which violation may, in the sole judgment of the University, reflect adversely upon the University had no actual or constructive knowledge at the programs time of its Athletic Departmentappointment. 2. Failure to accept reassignment, including any violation which may result as cited in the University being sanctioned by the NCAA or the Conference;Section 4.2 of this Agreement. 73. Conduct of the Employee which, in the sole judgment of the University, which is seriously prejudicial to the best interests interest of the University or its Athletic Department athletic program or which violates the University's mission. 4. Failure to maintain satisfactorily Academic Progress Rates (APR) for student athletes, as specified in Section 6.0 of this Agreement. 5. Insubordination, abuse of staff or students, failure to effectively supervise staff or students, misuse of University funds or other property, theft, and any conduct that violates the civil rights of students or staff (the latter of which shall include, but not be limited to, sexual harassment, racial discrimination, gender discrimination and age discrimination). 6. Conviction of, or a guilty plea or Xxxxxx plea to (i) a felony or (ii) a criminal offense which constitutes fraud or moral turpitude. 7. Misconduct of COACH, or misconduct of his/her assistant coaches or other staff or team members under his/her supervision of which COACH knew, had reason to know, or should have known through the exercise of reasonable diligence, or which COACH condoned, which misconduct is of such a nature, as reasonably determined in the discretion of the Director of Athletics, that it would tend to bring disrespect, contempt or ridicule upon University, or which brings discredit to University, or which xxxxx University’s mission;reputation, or which reasonably brings into question the integrity of COACH; or that would render COACH unfit to serve in the position of COACH. 8. Prolonged absence from duty without the written consent of the Director of Athletics. 11.2 In the event of termination for cause, the University is not liable to coaches for any benefits from collateral business opportunities associated with their University positions, including any anticipated external professional activities for pay for which they have received approval from the President; orDirector of Athletics. 9. Any cause adequate 11.3 In the event of a termination for cause, University’s sole obligation to sustain the termination of any other University employee under the provisions COACH shall be to pay COACH that portion of the NSHE Code, Title 2, Chapter 6.annual salary as set forth in Section 2.1 to the date of

Termination by University for Cause. Upon the happening of any of the following events and with ten (10) days written notice and an opportunity to meet with the Director of Athletics, the University may terminate this Agreement and Coach Xxxxx’x employment without pay and without any further obligations: A. A determination by the University, the NCAA, the Pac-12, any other equivalent body, or a court of law of its or their respective rules, regulations, policies or law that Coach Xxxxx has committed a major violation of the constitution, bylaws, rules, or regulations of the University, the NCAA, the Pac-12, or any other rule-making body having jurisdiction over the activities of the Basketball Program. B. A determination by the University, the NCAA, the Pac-12, any other equivalent body, or a court of law of its or their respective rules, regulations, policies or law that any assistant coach of Coach Xxxxx has committed a major violation of the constitution, bylaws, rules, or regulations of the University, the NCAA, the Pac-12, or any other rule-making body having jurisdiction over the activities of the Basketball Program, and that Coach Smith1) had directed that such violation(s) occur, 2) had prior knowledge of the violation(s) and failed to take appropriate actions to prevent such violation(s); 3) failed to timely report such violation(s) to the University after they became known to Coach Xxxxx; or 4) failed to promote an atmosphere of compliance and to monitor his/her staff as required by NCAA Bylaw 11.1.2.1. C. Any felony conviction of Coach Xxxxx or any plea agreement taken by Coach Xxxxx to felony crime. D. Any conduct toward student-athletes that is intentionally abusive and/or intentionally or negligently fails to protect the health, safety or wellbeing of the student- athletes. E. A violation by Coach Xxxxx of a material term or condition of this Agreement that is seriously prejudicial to the reputation and best interests of the University and/or its intercollegiate athletics program. F. Any other violation by Coach Xxxxx of a material term or condition of this Agreement if not corrected within twenty (20) days from written notice from the Athletics Director. The University shall have acknowledges and agrees that it is not the right intent of the University to terminate this Agreement for cause at any time. The term “cause” shall include, in addition to and as examples of its reasonable and customary meaning in employment contracts, any Cause for minor or technical violations or breaches of the following: 1. Failure to perform the duties outlined in Article 4.2 of this Agreement or refusal or unwillingness to perform such duties in good faith and to the best of the Employee’s abilities; 2. Material breach by Employee of any of the other terms and conditions of this Agreement; 3. Any conduct of the Employee in violation of any criminal statute of moral turpitude; 4. Any behavior of Employee that brings Employee into public disrepute, contempt, scandal or ridicule or any behavior that would bring disfavor to the reputation of the University; 5. Any serious or intentional violation of any law or of any policy, rule, regulation, constitutional provision, bylaw or interpretation of the University, the Nevada System of Higher Education, the NCAA or the Conference, which violation may, in the sole judgment of the University, reflect adversely upon the University or its Athletic Department. This shall include, without limitation, any violation which may result in the University being sanctioned by the NCAA or the Conference, and may also include any violation which may have occurred during prior employment of the Employee at another NCAA member institution;; 6. Any intentional violation, of which Employee knew or should have known, of any law or of any policy, rule, regulation, constitutional provision, bylaw or interpretation of the University, the NCAA or the Conference, which violation may, in the sole judgment of the University, reflect adversely upon the University or the programs of its Athletic Department, including any violation which may result in the University being sanctioned by the NCAA or the Conference; 7. Conduct of the Employee which, in the sole judgment of the University, is seriously prejudicial to the best interests of the University or its Athletic Department or which violates the University’s mission; 8. Prolonged absence from duty without the written consent from the President; or 9. Any cause adequate to sustain the termination of any other University employee under the provisions of the NSHE Code, Title 2, Chapter 6.