Common use of Termination for Cause by Company Clause in Contracts

Termination for Cause by Company. Although Company anticipates a mutually rewarding employment relationship with Executive, Company may terminate Executive's employment immediately at any time for Cause. For purposes of this Agreement, "Cause" is defined as: (a) acts or omissions constituting gross negligence or willful misconduct relating to the business of the Company; (b) repeated and continued failure to perform the duties and responsibilities of the Executive's position (other than as a result of a disability) after having a reasonable opportunity to cure such failure following notice; (c) failure to perform the essential functions of Executive's position, with or without reasonable accommodation, due to disability; (d) breach of the Company's Invention and Non-Disclosure and Arbitration Agreement; (e) violation of the Company's Code of Conduct; (f) conviction or entry of a plea of guilty or nolo contendere for fraud, misappropriation, embezzlement, or any crime of moral turpitude if such crime caused harm to the business and affairs of the Company in the reasonable determination of the Company; (g) any material violation of any federal or state securities law or any SEC or stock exchange rule or regulation with respect to the Company; or (h) conviction or entry of a plea of guilty or nolo contendere of any felony. In the event Executive's employment is terminated in accordance with this subsection, all other Company obligations to Executive pursuant to this Agreement will become automatically terminated and completely extinguished. Executive will not be entitled to receive the Severance Payment described in subsection 7.5 below.

Termination for Cause by Company. Although Company anticipates a mutually rewarding employment relationship with Executive, Company may terminate Executive's employment immediately at any time for Cause. For purposes of this Agreement, "Cause" is defined as: (a) acts or omissions constituting gross negligence negligence, recklessness or willful misconduct on the part of Executive with respect to Executive's obligations or otherwise relating to the business of the Company; (b) repeated and continued failure to perform the duties and responsibilities of the Executive's position (other than as a result material breach of a disability) after having a reasonable opportunity to cure such failure following noticethis Agreement or Company's Invention and Non-Disclosure and Arbitration Agreement; (c) Executive's conviction or entry of a plea of nolo contendere for fraud, misappropriation or embezzlement, or any felony or crime of moral turpitude or dishonesty; (d) Executive's willful neglect of duties as determined in the sole and exclusive discretion of the Board of Directors; (e) Executive's failure to perform the essential functions of Executive's position, with or without reasonable accommodation, due to a mental or physical disability; (df) breach misconduct by Executive that materially jeopardizes the Company's right or ability to operate its business; (g) Executive's violation of any of the Company's Invention and Non-Disclosure and Arbitration Agreement; (e) violation of the material policies or procedures, including without limitation, Company's Code of Conduct; (f) conviction or entry of a plea of guilty or nolo contendere for fraud, misappropriation, embezzlement, or any crime of moral turpitude if such crime caused harm to the business Equal Employment Opportunity and affairs of the Company in the reasonable determination of the Company; (g) any material violation of any federal or state securities law or any SEC or stock exchange rule or regulation with respect to the CompanyAnti-Harassment policies; or (h) conviction or entry of a plea of guilty or nolo contendere of any felonyExecutive's death. In the event Executive's employment is terminated in accordance with this subsectionsubsection 7.1, all other Company obligations to Executive pursuant to this Agreement will become automatically terminated and completely extinguished. Executive will not be entitled to receive the Severance Payment described in subsection 7.5 7.1 below.

Termination for Cause by Company. Although Company anticipates a mutually rewarding employment relationship with Executive, Company may terminate Executive's ’s employment immediately at any time for Cause. For purposes of this Agreement, "“Cause" ” is defined as: (a) acts or omissions constituting gross negligence negligence, recklessness or willful misconduct on the part of Executive with respect to Executive’s obligations or otherwise relating to the business of the Company; (b) repeated Executive’s material breach of this Agreement or Company’s Employee Nondisclosure and continued failure to perform the duties and responsibilities of the Executive's position (other than as a result of a disability) after having a reasonable opportunity to cure such failure following noticeAssignment Agreement; (c) Executive’s conviction or entry of a plea of nolo contendere for fraud, misappropriation or embezzlement, or any felony or crime of moral turpitude; (d) Executive’s willful neglect of duties as determined in the sole and exclusive discretion of Company; (e) Executive’s failure to perform the essential functions of Executive's ’s position, with or without reasonable accommodation, due to a mental or physical disability; (d) breach of the Company's Invention and Non-Disclosure and Arbitration Agreement; (e) violation of the Company's Code of Conduct; or (f) conviction or entry of a plea of guilty or nolo contendere for fraud, misappropriation, embezzlement, or any crime of moral turpitude if such crime caused harm to the business and affairs of the Company in the reasonable determination of the Company; (g) any material violation of any federal or state securities law or any SEC or stock exchange rule or regulation with respect to the Company; or (h) conviction or entry of a plea of guilty or nolo contendere of any felonyExecutive’s death. In the event Executive's ’s employment is terminated in accordance with this subsectionsubsection 7.1, all Executive shall be entitled to receive only the Base Salary then in effect, prorated to the date of termination, and any amounts earned and payable pursuant to Sections 5 and 6, including any accrued but unused vacation (collectively “Standard Entitlements”). All other Company obligations to Executive pursuant to this Agreement will become automatically terminated and completely extinguished. Executive will not be entitled to receive the Severance Payment Package described in subsection 7.5 7.2 below.

Termination for Cause by Company. Although Company anticipates a mutually rewarding employment relationship with Executive, Company may terminate Executive's ’s employment immediately at any time for Cause. For purposes of this Agreement, "“Cause" ” is defined as: (a) acts or omissions constituting gross negligence negligence, recklessness or willful misconduct on the part of Executive with respect to Executive’s obligations or otherwise relating to the business of the Company; (b) repeated Executive’s material breach of this Agreement or Company’s Employee Nondisclosure and continued failure to perform the duties and responsibilities of the Executive's position (other than as a result of a disability) after having a reasonable opportunity to cure such failure following noticeAssignment Agreement; (c) Executive’s conviction or entry of a plea of nolo contendere for fraud, misappropriation or embezzlement, or any felony or crime of moral turpitude; (d) Executive’s willful neglect of duties as determined in the sole and exclusive discretion of Company; (e) Executive’s failure to perform the essential functions of Executive's ’s position, with or without reasonable accommodation, due to a mental or physical disability; (d) breach of the Company's Invention and Non-Disclosure and Arbitration Agreement; (e) violation of the Company's Code of Conduct; or (f) conviction or entry of a plea of guilty or nolo contendere for fraud, misappropriation, embezzlement, or any crime of moral turpitude if such crime caused harm to the business and affairs of the Company in the reasonable determination of the Company; (g) any material violation of any federal or state securities law or any SEC or stock exchange rule or regulation with respect to the Company; or (h) conviction or entry of a plea of guilty or nolo contendere of any felonyExecutive’s death. In the event Executive's ’s employment is terminated in accordance with this subsectionsubsection 7.1, all Executive shall be entitled to receive only the Base Salary then in effect, prorated to the date of termination, and any amounts earned and payable pursuant to sections 5 and 6, including any accrued but unused vacation (collectively “Standard Entitlements”). All other Company obligations to Executive pursuant to this Agreement will become automatically terminated and completely extinguished. Executive will not be entitled to receive the Severance Payment Package described in subsection 7.5 7.2 below.

Termination for Cause by Company. Although Company anticipates a mutually rewarding employment relationship with Executive, Company may terminate Executive's employment immediately at any time for Cause. For purposes of this Agreement, "Cause" is defined as: (a) acts or omissions constituting gross negligence or willful misconduct relating to the business of the Company; (b) repeated and continued failure to perform the duties and responsibilities of the Executive's position (other than as a result of a disability) after having a reasonable opportunity to cure such failure following notice; (c) failure to perform the essential functions of Executive's position, with or without reasonable accommodation, due to disability; (d) breach of the Company's Invention and Non-Disclosure and Arbitration Agreement; (e) violation of the Company's Code of Conduct; (f) conviction or entry of a plea of guilty or nolo contendere for fraud, misappropriation, embezzlement, or any crime of moral turpitude if such crime caused harm to the business and affairs of the Company in the reasonable determination of the Company; (g) any material violation of any federal or state securities law or any SEC or stock exchange rule or regulation with respect to the Company; or (h) conviction or entry of a plea of guilty or nolo contendere of any felony. In the event Executive's employment is terminated in accordance with this subsection, all other Company obligations to Executive pursuant to this Agreement will become automatically terminated and completely extinguished. Executive will not be entitled to receive the Severance Payment described in subsection 7.5 7.4 below.