Common use of Termination by University for just cause Clause in Contracts

Termination by University for just cause. (a) University may terminate this Agreement at any time for just cause. The term "just cause" shall include, but not be limited to, any of the following : (1) A violation by Coach of any of the terms and conditions of this Agreement, or refusal or unwillingness or inability to perform such duties in good faith and to the best of Coach's abilities that are not remedied after thirty (30) days written notice thereof to Coach; (2) Any conduct of Coach which constitutes moral turpitude, which would constitute a criminal offense under Wisconsin law, or which would tend to bring public disrespect, contempt, or ridicule upon University; (3) Fraud or dishonesty of Coach in the performance of Coach’s duties or responsibilities under this Agreement; (4) A violation or failure to report a violation of any law, rule, regulation, constitutiona l provision or bylaw of University, the applicable conference, or the NCAA, which violation may, in the sole judgme nt of University, reflect adversely upon University or its athletic program, including any violation which may result in University being sanctioned or placed on probation by a conference or the NCAA; (5) Prolonged absence from duty without University's written consent. (b) Prior to termination for cause, University shall provide Coach with written notice of the factual basis for the proposed action and the intended effective date of termination. Coach shall have an informal opportunity to be heard by the Director of Athletics to discuss and rebut the alleged factual basis for the termination. The University has the sole authority to determine whether Coach’s actions or inactions merit dismissal. (c) In the event this Agreement is terminated for just cause, all obligations of University to make further payments and/or to provide any other consideration hereunder shall cease as of the date of such termination. In no case shall University be liable to Coach for the loss of any collatera l business opportunities or any other benefits, perquisites, or income from any other sources. (d) In the event Coach challenges such decision in a court of competent jurisdiction and the court determines that the University breached this Agreement by terminating Coach without cause, then the liquida xxx damages provision set forth in Article V, Section A.3 herein shall apply and shall be Coach’s sole and exclusive remedy for any cause of action based on this Agreement.

Termination by University for just cause. (a) University may terminate this Agreement at any time for just cause. The term "just cause" shall include, but not be limited to, any of the following : (1) A violation by Coach of any of the terms and conditions of this Agreement, or refusal or unwillingness or inability to perform such duties in good faith and to the best of Coach's abilities that are not remedied after thirty (30) days written notice thereof to Coach; (2) Any conduct of Coach which constitutes moral turpitude, which would constitute a criminal offense under Wisconsin law, or which would tend to bring public disrespect, contempt, or ridicule upon University; (3) Fraud or dishonesty of Coach in the performance of Coach’s duties or responsibilities under this Agreement; (4) A violation or failure to report a violation of any law, rule, regulation, constitutiona l provision or bylaw of University, the applicable conference, or the NCAA, which violation may, in the sole judgme nt of University, reflect adversely upon University or its athletic program, including any violation which may result in University being sanctioned or placed on probation by a conference or the NCAA; (5) Prolonged absence from duty without University's written consent. (b) Prior to termination for cause, University shall provide Coach with written notice of the factual basis for the proposed action and the intended effective date of termination. Coach shall have an informal opportunity to be heard by the Director of Athletics to discuss and rebut the alleged factual basis for the termination. The University has the sole authority to determine whether Coach’s actions or inactions merit dismissal. (c) In the event this Agreement is terminated for just cause, all obligations of University to make further payments and/or to provide any other consideration hereunder shall cease as of the date of such termination. In no case shall University be liable to Coach for the loss of any collatera l business opportunities or any other benefits, perquisites, or income from any other sources.. Notwithstanding the foregoing, Coach shall receive any base salary previously earned pursuant to Article IV, Section A. (d) In the event Coach challenges such decision in a court of competent jurisdiction and the court determines that the University breached this Agreement by terminating Coach without cause, then the liquida xxx damages provision set forth in Article V, Section A.3 herein shall apply and shall be Coach’s sole and exclusive remedy for any cause of action based on this Agreement.

Termination by University for just cause. (a) The University may shall have the right to terminate this Agreement at any time for just causecause (Just Cause) prior to its normal expiration. The term "just cause" Just Cause shall include, but not be limited toin addition to and as examples of its normally understood meaning in employment contracts, any of the following following: (1) A violation by Coach of any 4.1.1 Deliberate and serious violations of the terms and conditions duties outlined in Section 1.2 of this Agreement, Agreement or refusal or unwillingness or inability to perform such duties in good faith and to the best of Coach's abilities that are Employee’s abilities; 4.1.2 Deliberate and serious violations by Employee of any of the other terms and conditions of this Agreement not remedied after thirty fourteen (3014) days days’ written notice thereof to CoachEmployee or, if the violation cannot reasonably be remedied within that period, Employee’s failure to make reasonable efforts to cure such violation; 4.1.3 Any act of misconduct by Employee including, but not limited to, acts of criminal conduct (2) Any conduct excluding minor traffic offenses, that don’t impede Employee’s ability to perform duties), an act of Coach which constitutes dishonesty, theft or misappropriation of University property, moral turpitude, which would constitute a criminal offense under Wisconsin lawinsubordination, or which would tend to bring public disrespectact injuring, contemptabusing, or ridicule upon Universityendangering others, including physical, psychological, or sexual abuse, misconduct or violence, or acts that constitute use of excessive exercise or training for punitive purposes, or repeated acts of insubordination or a single act of insubordination of significant magnitude; (3) Fraud 4.1.4 An intentional or dishonesty major violation or repeated instances of Coach secondary violations by Employee, or by any person under Employee’s supervision where Employee had knowledge of the intended violation and failed to intervene, or by student-athletes in the performance Football Program where Employee had knowledge of Coach’s duties or responsibilities under this Agreement; (4) A the intended violation or failure and failed to report a violation intervene, of any law, rule, regulation, constitutiona l provision constitutional provision, bylaw or bylaw interpretation of the University, the applicable conferenceNCAA, or the NCAA, Pac-12 which violation may, may in the sole judgme nt reasonable judgment of University, the University reflect adversely upon the University or its athletic programprogram including, including but not limited to, any such violation which may result in the University being sanctioned or placed on probation by a conference or the NCAA; (5) Prolonged absence from duty without University's written consent. (b) Prior to termination for cause, University shall provide Coach with written notice of the factual basis for the proposed action and the intended effective date of termination. Coach shall have an informal opportunity to be heard by the Director of Athletics to discuss and rebut the alleged factual basis for the termination. The University has the sole authority to determine whether Coach’s actions or inactions merit dismissal. (c) In the event this Agreement is terminated for just cause, all obligations of University to make further payments and/or to provide any other consideration hereunder shall cease as of the date of such termination. In no case shall University be liable to Coach for the loss of any collatera l business opportunities or any other benefits, perquisites, or income from any other sources. (d) In the event Coach challenges such decision in a court of competent jurisdiction and the court determines that the University breached this Agreement by terminating Coach without cause, then the liquida xxx damages provision set forth in Article V, Section A.3 herein shall apply and shall be Coach’s sole and exclusive remedy for any cause of action based on this Agreement.probation

Termination by University for just cause. (a) University may terminate this Agreement at any time for just cause. The term "just cause" shall include, but not be limited to, include any of the following following: (1) A violation by Coach of any of the terms and conditions of this Agreement, or refusal or unwillingness or inability to perform such duties in good faith and to the best of Coach's abilities that are not remedied after thirty (30) days written notice thereof to Coach; (2) Any conduct of Coach which constitutes moral turpitude, which would constitute a criminal offense under Wisconsin law, or which would tend to bring public disrespect, contempt, or ridicule upon University; (3) Fraud or dishonesty of Coach in the performance of Coach’s her duties or responsibilities under this Agreement; (4) A violation or failure to report a violation of any law, rule, regulation, constitutiona l constitutional provision or bylaw of University, the applicable conference, or significant violation of the rules of the NCAA, which violation may, in the sole judgme nt judgment of University, reflect adversely upon University or its athletic program, including any violation which may result in University being sanctioned or placed on probation by a conference or the NCAA. For the purposes of this paragraph, a “significant violation of the rules of the NCAA” would include only Level I or Level II violations or repeated Level III violations which place the University at risk of NCAA sanction; (5) Prolonged absence from duty without University's written consent. (b) Prior to termination for cause, University shall provide Coach with written notice of the factual basis for the proposed action and the intended effective date of termination. Coach shall have an informal opportunity to be heard by the Director of Athletics to discuss and rebut the alleged factual basis for the termination. The University has the sole authority to determine whether Coach’s actions or inactions merit dismissal. (c) In the event this Agreement is terminated for just cause, all obligations of University to make further payments and/or to provide any other consideration hereunder shall cease as of the date of such termination. In no case shall University be liable to Coach for the loss of any collatera l collateral business opportunities or any other benefits, perquisites, or income from any other sources. (d) In the event Coach challenges such decision in a court of competent jurisdiction and the court determines that the University breached this Agreement by terminating Coach without cause, then the liquida xxx liquidated damages provision set forth in Article V, Section A.3 herein shall apply and shall be Coach’s sole and exclusive remedy for any cause of action based on this Agreement.