Termination for Cause or Voluntary Resignation. (a) For purposes of this Agreement, Cause shall mean: (i) EMPLOYEE’s willful or gross misconduct, willful or gross negligence in the performance of his duties for XM, or intentional or habitual neglect of his duties for XM, provided that XM shall have given EMPLOYEE notice specifying the conduct it believes to fall within this sentence and EMPLOYEE shall have failed to remedy such conduct within ten (10) days thereafter; or (ii) EMPLOYEE’s theft or misappropriation of funds of XM or conviction of a felony. XM shall effect a termination for Cause by giving EMPLOYEE a notice specifying the effective date of such termination.
Appears in 6 contracts
Samples: Employment Agreement (Xm Satellite Radio Holdings Inc), Employment Agreement (Xm Satellite Radio Inc), Employment Agreement (Xm Satellite Radio Inc)
Termination for Cause or Voluntary Resignation. (a) For purposes of this Agreement, Cause shall meanmean a good faith finding by the Board of Directors of: (i) EMPLOYEE’s willful or gross misconduct, willful or gross negligence in the performance of his duties for XM, or intentional or habitual neglect of his duties for XM, provided that XM shall have given EMPLOYEE notice specifying the conduct it believes to fall within this sentence and EMPLOYEE shall have failed to remedy such conduct within ten (10) days thereafter; or (ii) EMPLOYEE’s theft or misappropriation of funds of XM or conviction of a felony. XM shall effect a termination for Cause by giving EMPLOYEE a notice specifying the effective date of such termination.
Appears in 3 contracts
Samples: Employment Agreement (Xm Satellite Radio Holdings Inc), Employment Agreement (Xm Satellite Radio Holdings Inc), Employment Agreement (Xm Satellite Radio Holdings Inc)
Termination for Cause or Voluntary Resignation. (a) For purposes of this Agreement, Cause shall mean: (i) EMPLOYEE’s 's willful or gross misconduct, willful or gross negligence in the performance of his duties for XM, or intentional or habitual neglect of his duties for XM, provided that XM shall have given EMPLOYEE notice specifying the conduct it believes to fall within this sentence and EMPLOYEE shall have failed to remedy such conduct within ten (10) days thereafter; or (ii) EMPLOYEE’s 's theft or misappropriation of funds of XM or conviction of a felony. XM shall effect a termination for Cause by giving EMPLOYEE a notice specifying the effective date of such termination.
Appears in 2 contracts
Samples: Agreement (Xm Satellite Radio Inc), Agreement (Xm Satellite Radio Holdings Inc)