Common use of Termination for Cause by the Company Clause in Contracts

Termination for Cause by the Company. (1) This Agreement and the Term may be terminated “for cause” by the Company pursuant to the provisions of this Subsection 6.A. If the Company determines that “cause” exists for termination of the Executive’s employment, written notice thereof must be given to the Executive describing the state of affairs or facts deemed by the Company to constitute such cause. Unless the Company determines that the conduct constituting cause is not curable, the Executive shall have thirty (30) days after receipt of such notice to cure the reason constituting cause and if the Executive does so to the reasonable satisfaction of the Company, the Term shall not be terminated for the cause specified in the notice. During such thirty (30) day period, the Term shall continue and the Executive shall continue to receive her full Base Salary, expenses and benefits pursuant to this Agreement. If such cause is not cured to the Company’s reasonable satisfaction within such thirty (30) day period, the Executive may then be immediately terminated by the Company. For purposes of this Agreement, the words “for cause” or “cause” means (i) dishonest statements or acts of the Executive with respect to the Company or any subsidiary or other affiliate of the Company; (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); or (iii) gross negligence, willful misconduct or insubordination of the Executive with respect to the Company or any subsidiary or other affiliate of the Company. (2) In the event the Term is terminated by the Company for cause, the provisions of Subsections 5.C.(1) and 5.C.

Termination for Cause by the Company. (1) This Agreement and the Term may be terminated “for cause” by the Company pursuant to the provisions of this Subsection 6.A. If the Company Board determines that “cause” exists for termination of the Executive’s employment, written notice thereof must be given to the Executive describing the state of affairs or facts deemed by the Company Board to constitute such cause. Unless the Company Board determines that the conduct constituting cause is not curable, the Executive shall have thirty (30) days after receipt of such notice to cure the reason constituting cause and if the Executive does so to the reasonable satisfaction of the CompanyBoard, the Term shall not be terminated for the cause specified in the notice. During such thirty (30) day period, the Term shall continue and the Executive shall continue to receive her his full Base Salary, expenses and benefits pursuant to this Agreement. If such cause is not cured to the CompanyBoard’s reasonable satisfaction within such thirty (30) day period, the Executive may then be immediately terminated by a majority vote of the CompanyBoard. For purposes of this Agreement, the words “for cause” or “cause” means (i) dishonest statements or acts of the Executive with respect to the Company or any subsidiary or other affiliate of the Company; (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); or (iii) gross negligence, willful misconduct or insubordination of the Executive with respect to the Company or any subsidiary or other affiliate of the Company. (2) In the event the Term is terminated by the Company for cause, the provisions of Subsections 5.C.(1) and 5.C.

Termination for Cause by the Company. (1) This Agreement and the Term may be terminated “for cause” by the Company pursuant to the provisions of this Subsection 6.A. If the Company determines that “cause” exists for termination of the Executive’s employment, written notice thereof must be given to the Executive describing the state of affairs or facts deemed by the Company to constitute such cause. Unless the Company determines that the conduct constituting cause is not curable, the Executive shall have thirty (30) days after receipt of such notice to cure the reason constituting cause and if the Executive does so to the reasonable satisfaction of the Company, the Term shall not be terminated for the cause specified in the notice. During such thirty (30) day period, the Term shall continue and the Executive shall continue to receive her his full Base Salary, expenses and benefits pursuant to this Agreement. If such cause is not cured to the Company’s reasonable satisfaction within such thirty (30) day period, the Executive may then be immediately terminated by the Company. For purposes of this Agreement, the words “for cause” or “cause” means (i) dishonest statements or acts of the Executive with respect to the Company or any subsidiary or other affiliate of the Company; (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); or (iii) gross negligence, willful misconduct or insubordination of the Executive with respect to the Company or any subsidiary or other affiliate of the Company. (2) In the event the Term is terminated by the Company for cause, the provisions of Subsections 5.C.(1) and 5.C.

Termination for Cause by the Company. (1) This Agreement and the Term may be terminated “for cause” by the Company pursuant to the provisions of this Subsection 6.A. 6.B. If the Company Board determines that “cause” exists for termination of the Executive’s employment, written notice thereof must be given to the Executive describing the state of affairs or facts deemed by the Company Board to constitute such cause. Unless the Company determines that the conduct constituting cause is not curable, the The Executive shall have thirty forty-five (3045) days after receipt of such notice to cure the reason constituting cause and if the Executive he does so to the reasonable satisfaction of the Companyso, the Term shall not be terminated for the cause specified in the notice. During such thirty forty-five (3045) day period, the Term shall continue and the Executive shall continue to receive her his full Base Salary, expenses and benefits pursuant to this Agreement. If such cause is not cured to the CompanyBoard’s reasonable satisfaction within such thirty forty-five (3045) day period, the Executive may then be immediately terminated by a majority vote of the CompanyBoard excluding the Executive if the Executive is then a member of the Board. For purposes of this Agreement, the words “for cause” or “cause” means (i) dishonest statements or acts shall be limited to actions on the part of the Executive with respect to which constitute gross negligence or willful misconduct in the Company performance or any subsidiary or other affiliate non-performance of the Executive’s duties or a material breach of this Agreement by the Executive so long as such material breach is not caused by the Company; (ii) the commission by or indictment . The duties, powers and authority of the Executive may also, on a majority vote of the Board excluding the Executive if the Executive is then a member of the Board, be suspended for (A) a felony or (B) any misdemeanor involving moral turpitudereasonable period of time, deceitbut with a continuation of the Executive’s full Base Salary, dishonesty or fraud (indictment, for these purposes, meaning an indictment, probable cause hearing or any other procedure expenses and benefits pursuant to which an initial this Agreement, while a determination of probable or reasonable is made as to whether cause with respect to such offense is made); or (iii) gross negligence, willful misconduct or insubordination of the Executive with respect to the Company or any subsidiary or other affiliate of the Companyfor termination exists. (2) In the event the Term is terminated by the Company for cause, the provisions of Subsections 5.C.(15.C.(2) and 5.C. (3) shall continue to apply for one year after the conclusion of the Term.

Termination for Cause by the Company. (1) This Agreement and the Term may be terminated “"for cause” " by the Company pursuant to the provisions of this Subsection 6.A. 6.B. If the Company Board determines that “"cause” " exists for termination of the Executive’s 's employment, written notice thereof must be given to the Executive describing the state of affairs or facts deemed by the Company Board to constitute such cause. Unless the Company determines that the conduct constituting cause is not curable, the The Executive shall have thirty forty-five (3045) days after receipt of such notice to cure the reason constituting cause and if the Executive he does so to the reasonable satisfaction of the Companyso, the Term shall not be terminated for the cause specified in the notice. During such thirty forty-five (3045) day period, the Term shall continue and the Executive shall continue to receive her his full Base Salary, expenses and benefits pursuant to this Agreement. If such cause is not cured to the Company’s Board's reasonable satisfaction within such thirty forty-five (3045) day period, the Executive may then be immediately terminated by a majority vote of the CompanyBoard excluding the Executive if the Executive is then a member of the Board. For purposes of this Agreement, the words “"for cause” " or “"cause” means (i) dishonest statements or acts " shall be limited to actions on the part of the Executive with respect to which constitute gross negligence or willful misconduct in the Company performance or any subsidiary or other affiliate non-performance of the Executive's duties or a material breach of this Agreement by the Executive so long as such material breach is not caused by the Company; (ii) the commission by or indictment . The duties, powers and authority of the Executive may also, on a majority vote of the Board excluding the Executive if the Executive is then a member of the Board, be suspended for (A) a felony or (B) any misdemeanor involving moral turpitudereasonable period of time, deceitbut with a continuation of the Executive's full Base Salary, dishonesty or fraud (indictment, for these purposes, meaning an indictment, probable cause hearing or any other procedure expenses and benefits pursuant to which an initial this Agreement, while a determination of probable or reasonable is made as to whether cause with respect to such offense is made); or (iii) gross negligence, willful misconduct or insubordination of the Executive with respect to the Company or any subsidiary or other affiliate of the Companyfor termination exists. (2) In the event the Term is terminated by the Company for cause, the provisions of Subsections 5.C.(15.C.(2) and 5.C. (3) shall continue to apply for one year after the conclusion of the Term.

Termination for Cause by the Company. (1) This Agreement and the Term may be terminated “for cause” by the Company pursuant to the provisions of this Subsection 6.A. 5.B. If the Company Board determines that “cause” exists for termination of the Executive’s employment, written notice thereof must be given to the Executive describing the state of affairs or facts deemed by the Company Board to constitute such cause. Unless the Company determines that the conduct constituting cause is not curable, the The Executive shall have thirty forty-five (3045) days after receipt of such notice to cure the reason constituting cause and if the Executive he does so to the reasonable satisfaction of the Companyso, the Term shall not be terminated for the cause specified in the notice. During such thirty forty-five (3045) day period, the Term shall continue and the Executive shall continue to receive her his full Base Salary, expenses and benefits pursuant to this Agreement. If such cause is not cured to the CompanyBoard’s reasonable satisfaction within such thirty forty-five (3045) day period, the Executive may then be immediately terminated by a majority vote of the CompanyBoard excluding the Executive if the Executive is then a member of the Board. For purposes of this Agreement, the words “for cause” or “cause” means (i) dishonest statements or acts shall be limited to actions on the part of the Executive with respect to which constitute gross negligence or willful misconduct in the Company performance or any subsidiary or other affiliate non-performance of the Executive’s duties or a material breach of this Agreement by the Executive so long as such material breach is not caused by the Company; (ii) the commission by or indictment . The duties, powers and authority of the Executive may also, on a majority vote of the Board excluding the Executive if the Executive is then a member of the Board, be suspended for (A) a felony or (B) any misdemeanor involving moral turpitudereasonable period of time, deceitbut with a continuation of the Executive’s full Base Salary, dishonesty or fraud (indictment, for these purposes, meaning an indictment, probable cause hearing or any other procedure expenses and benefits pursuant to which an initial this Agreement, while a determination of probable or reasonable is made as to whether cause with respect to such offense is made); or (iii) gross negligence, willful misconduct or insubordination of the Executive with respect to the Company or any subsidiary or other affiliate of the Companyfor termination exists. (2) In the event the Term is terminated by the Company for cause, the provisions of Subsections 5.C.(14.C.(1), 4.C.(2) and 5.C.4.C. (3) shall continue to apply for one year after the conclusion of the Term.

Termination for Cause by the Company. (1i) This Agreement and the The Term may be terminated for “for cause” by the Company pursuant to the provisions of this Subsection 6.A. Section 6(c). If the Company Board determines that “cause” exists for termination of the Executive’s employment, written notice thereof must be given to the Executive describing the state of affairs or facts deemed by the Company Board to constitute such cause. Unless the Company determines that the conduct constituting cause is not curable, the The Executive shall have thirty forty-five (3045) days after receipt of such notice to cure the reason constituting cause and if the Executive he does so to the reasonable satisfaction of the Companyso, the Term shall not be terminated for the cause specified in the notice. During such thirty forty-five (3045) day period, the Term shall continue and the Executive shall continue to receive her his full Base Salary, expenses and benefits pursuant to this Agreement. If such cause is not cured to the CompanyBoard’s reasonable satisfaction within such thirty forty-five (3045) day period, the Executive may then be immediately terminated by a majority vote of the CompanyBoard excluding the Executive if the Executive is then a member of the Board. For purposes of this Agreement, the words “for cause” or “cause” means (i) dishonest statements or acts shall be limited to actions on the part of the Executive with respect to that constitute gross negligence or willful misconduct in the Company performance or any subsidiary or other affiliate non-performance of the Executive’s duties or a material breach of this Agreement by the Executive so long as such material breach is not caused by the Company; (ii) the commission by or indictment . The duties, powers and authority of the Executive may also, on a majority vote of the Board excluding the Executive if the Executive is then a member of the Board, be suspended for (A) a felony or (B) any misdemeanor involving moral turpitudereasonable period of time, deceitbut with a continuation of the Executive’s full Base Salary, dishonesty or fraud (indictment, for these purposes, meaning an indictment, probable cause hearing or any other procedure expenses and benefits pursuant to which an initial this Agreement, while a determination of probable or reasonable is made as to whether cause with respect to such offense is made); or (iii) gross negligence, willful misconduct or insubordination of the Executive with respect to the Company or any subsidiary or other affiliate of the Companyfor termination exists. (2ii) In the event the Term is terminated by the Company for cause, the provisions of Subsections 5.C.(1Sections 5(c)(ii) and 5.C.5(c)(iii) shall continue to apply for one (1) year after the conclusion of the Term. (iii) In the event the Term is terminated by the Company for cause, the Executive’s entire right to salary, bonus and benefits hereunder (with the exception of salary and benefits accrued prior to termination) shall cease upon such termination.

Termination for Cause by the Company. (1) This Agreement and the Term may be terminated “for cause” by the Company pursuant to the provisions of this Subsection 6.A. If the Company Board determines that “cause” exists for termination of the Executive’s employment, written notice thereof must be given to the Executive describing the state of affairs or facts deemed by the Company Board to constitute such cause. Unless the Company Board determines that the conduct constituting cause is not curable, the Executive shall have thirty ten (3010) days after receipt of such notice to cure the reason constituting cause and if the Executive does so to the reasonable satisfaction of the CompanyBoard, the Term shall not be terminated for the cause specified in the notice. During such thirty ten (3010) day period, the Term shall continue and the Executive shall continue to receive her his full Base Salary, expenses and benefits pursuant to this Agreement. If such cause is not cured to the CompanyBoard’s reasonable satisfaction within such thirty ten (3010) day period, the Executive may then be immediately terminated by a majority vote of the CompanyBoard. For purposes of this Agreement, the words “for cause” or “cause” means (i) dishonest statements or acts of the Executive with respect to the Company or any subsidiary or other affiliate of the Company; (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); or (iii) gross negligence, willful misconduct or insubordination of the Executive with respect to the Company or any subsidiary or other affiliate of the Company. (2) In the event the Term is terminated by the Company for cause, the provisions of Subsections 5.C.(1) and 5.C.

Termination for Cause by the Company. (1) This Agreement and the Term may be terminated “for cause” by Although the Company pursuant to the provisions of this Subsection 6.A. If anticipates a mutually rewarding employment relationship with Employee, the Company determines that “cause” exists may terminate Employee's employment immediately at any time for termination of the Executive’s employment, written notice thereof must be given to the Executive describing the state of affairs or facts deemed by the Company to constitute such cause. Unless the Company determines that the conduct constituting cause is not curable, the Executive shall have thirty (30) days after receipt of such notice to cure the reason constituting cause and if the Executive does so to the reasonable satisfaction of the Company, the Term shall not be terminated for the cause specified in the notice. During such thirty (30) day period, the Term shall continue and the Executive shall continue to receive her full Base Salary, expenses and benefits pursuant to this Agreement. If such cause is not cured to the Company’s reasonable satisfaction within such thirty (30) day period, the Executive may then be immediately terminated by the CompanyCause. For purposes of this Agreement, "Cause" is defined as: (a) Employee's willful neglect of duties as determined in the words “for cause” or “cause” means (i) dishonest statements or acts sole and exclusive discretion of the Executive Board; (b) Employee's failure or inability to perform the essential functions of the position, with or without reasonable accommodation, due to a mental or physical disability, where such inability continues for a period or periods aggregating thirty (30) calendar days in any 12-month period; (c) Employee's conviction or entry of a plea or nolo contendere for fraud, embezzlement, misappropriation, or any felony or any other act of moral turpitude; (d) acts or omissions constituting gross negligence, recklessness or willful misconduct on the part of the Employee with respect to Employee's obligations or otherwise relating to the Company or any subsidiary or other affiliate business of the Company; (iie) the commission by Employee's death; (f) Employee's material breach of this Agreement 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); or (iii) gross negligence, willful misconduct or insubordination of the Executive with respect to the Company or any subsidiary or other affiliate of the Company. (2) 's Employee Innovations and Proprietary Rights Assignments Agreement, following written notice and a 10-day opportunity to cure. In the event the Term that Employee's employment is terminated in accordance with this subsection 6.1, Employee shall be entitled to receive only the Base Salary then in effect, prorated to the date of termination and any benefits and expense reimbursements to which Employee is entitled by the virtue of his prior employment by Company for cause(collectively, the provisions of Subsections 5.C.(1) "Standard Entitlement"). All other Company obligations to Employee pursuant to this Agreement will become automatically terminated and 5.C.completely extinguished. Employee will not be entitled to receive the Severance Payment described in Section 6.2 below or any part thereof.