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

Termination for Cause by the Employer. The Employer may terminate Employee’s employment for Cause (as defined hereinafter), such termination to be effective immediately upon written notice to Employee. Any termination of Employee’s employment under this Section 8.1 will not be in limitation of any other right or remedy which the Employer may have under this Agreement, at law, or in equity. The term “Cause” means (i) fraud, embezzlement, theft or misappropriation of funds or other property of the Employer, (ii) self-dealing or gross negligence in the performance by Employee of his duties pursuant to this Agreement, (iii) the repeated failure or refusal by Employee to perform his duties to the Employer as provided herein, other than due to Disability, (iv) the commission by Employee of any willful acts of bad faith or gross misconduct against the Employer, (v) the indictment of Employee for a felony or other criminal act involving dishonesty, whether or not relating to his employment with the Employer, (vi) the repeated breach of a lawful, established policy or procedure of the Employer; provided that with respect to clauses (iii) and (vi), Employer shall give Employee written notice of the breach or other failure on the part of Employee and the actions necessary to correct such breach, if applicable. If Employee fails to cure the breach or failure within twenty (20) days of receipt of such notice or if the breach or failure is incurable, Employer may proceed to terminate Employee’s employment for Cause without further notice.

Appears in 2 contracts

Samples: Employment Agreement (Prosperity Bancshares Inc), Form of Employment Agreement (Prosperity Bancshares Inc)

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Termination for Cause by the Employer. The Employer may terminate Employee’s 's employment for Cause (as defined hereinafter), such termination to be effective immediately upon written notice to Employee. Any termination of Employee’s 's employment under this Section 8.1 will not be in limitation of any other right or remedy which the Employer may have under this Agreement, at law, or in equity. The term “Cause” means (ia) fraud, embezzlement, theft or misappropriation of funds or other property of the Employer, (iib) self-dealing or gross negligence in the performance by Employee of his duties pursuant to this Agreement, (iiic) the repeated failure or refusal by Employee to perform his duties to the Employer as provided herein, other than due to Disability, (ivd) the commission by Employee of any willful acts of bad faith or gross misconduct against the Employer, (ve) the indictment of Employee for a felony or other criminal act involving dishonesty, whether or not relating to his employment with the Employer, (vif) the repeated breach of a lawful, established policy or procedure of the Employer; provided that with respect to clauses (iiic) and (vif), Employer shall give Employee written notice of the breach or other failure on the part of Employee and the actions necessary to correct such breach, if applicable. If Employee fails to cure the breach or failure within twenty fifteen (2015) days of receipt of such notice or if the breach or failure is incurable, Employer may proceed to terminate Employee’s 's employment for Cause without further notice.

Appears in 1 contract

Samples: Employment Agreement (Prosperity Bancshares Inc)

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Termination for Cause by the Employer. The Employer may terminate Employee’s employment for Cause (as defined hereinafter), such termination to be effective immediately upon written notice of termination to Employee. Any termination of Employee’s employment under this Section 8.1 will not be in limitation of any other right or remedy which the Employer may have under this Agreement, at law, or in equity. The term “Cause” means (i) fraud, embezzlement, theft or misappropriation of funds or other property of the Employer, (ii) self-dealing or gross negligence in the performance by Employee of his duties pursuant to this Agreement, (iii) the repeated failure or refusal by Employee to perform his duties to the Employer as provided herein, other than due to Disability, (iv) the commission by Employee of any willful acts of bad faith or gross misconduct against the Employer, (v) the indictment of Employee for a felony or other criminal act involving dishonesty, whether or not relating to his employment with the Employer, (vi) the repeated breach of a lawful, established policy or procedure of the Employer; provided that with respect to clauses (iii) and (vi), Employer shall give Employee written notice of the breach or other failure on the part of Employee and the actions necessary to correct such breach, if applicable. If Employee fails to cure the breach or failure within twenty (20) days of receipt of such notice or if the breach or failure is incurable, Employer may proceed to terminate Employee’s employment for Cause without further notice.

Appears in 1 contract

Samples: Employment Agreement (Prosperity Bancshares Inc)

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