Termination for Cause or without Cause Sample Clauses

Termination for Cause or without Cause. The Company may terminate the Executive’s employment during the Employment Period for “Cause,” which shall mean termination based upon: (i) the Executive’s willful and continued failure to substantially perform his duties with the Company (other than as a result of incapacity due to physical or mental condition), after a written demand for substantial performance is delivered to the Executive by the Company, which specifically identifies the manner in which the Executive has not substantially performed his duties, (ii) the Executive’s commission of an act constituting a criminal offense that would be classified as a felony under the applicable criminal code or involving moral turpitude, dishonesty, or breach of trust, or (iii) the Executive’s material breach of any provision of this Agreement. For purposes of this Section, no act or failure to act on the Executive’s part shall be considered “willful” unless done, or omitted to be done, without good faith and without reasonable belief that the act or omission was in the best interest of the Company. Notwithstanding the foregoing, the Executive shall not be deemed to have been terminated for Cause unless and until (i) he receives a Notice of Termination from the Company, (ii) he is given the opportunity, with counsel, to be heard before the Board, and (iii) the Board finds, in its good faith opinion, that the Executive was guilty of the conduct set forth in the Notice of Termination. The Company also may terminate the Executive’s employment at any time during the Employment Period without Cause.
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Termination for Cause or without Cause. (a) The Company may terminate the Employee's employment hereunder at any time during the Employment Period for "
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Termination for Cause or without Cause. A. The employment of Executive under this Agreement, and the Term hereof, may be terminated by the Company for Cause at any time. If the Company properly terminates Executive's employment hereunder for Cause, it shall be without liability to Executive except for all amounts and benefits accrued and due but not paid to the date of such termination. For all purposes of this Agreement, the term "Cause" means:
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Termination for Cause or without Cause. A provision of this type will clarify the expectations and relationship between the parties. The employment contract should define “cause”. In instances where there is a without cause termination provision in exchange for severance payments, the terms of the severance payments should be specifically stated.
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Termination for Cause or without Cause. Airspan shall have the right to terminate Sxxxxxxxxx for Cause, as defined herein. Upon a termination for Cause, Sxxxxxxxxx shall be paid the deferred compensation, accumulated leave and COBRA benefits described in Section 3(b) above, the value of his then-vested Restricted Stock Options (RSUs) (to the extent not paid or settled at the time of termination), as well as his accumulated vacation and sick leave, pro-rated bonus and any payments for his salary to the date of termination, but shall not be entitled to payment of the Senior Management Incentive Program benefit. Sxxxxxxxxx may challenge or dispute any termination for Cause by requesting final and binding arbitration within thirty days of notice of such termination. Sxxxxxxxxx shall continue to receive all pay and benefits for the time before and after requesting arbitration, and through the date of an arbitration award. The arbitration fees and costs, including attorney’s fees, shall be paid by Airspan, and the American Arbitration Association rules for employment disputes shall apply to such arbitration. Any termination by Airspan without Cause, Transaction, resignation for Good Reason or non-renewal of this Agreement shall entitle Sxxxxxxxxx to payment of the Management Incentive Payment (as provided above, the Management Incentive Plan payment will only be paid if a Transaction occurs within six months after termination), as well as all deferred compensation, salary and benefits to date, COBRA reimbursement, and accrued vacation and sick leave payments. For the avoidance of doubt, any payment made to Sxxxxxxxxx under this paragraph and/or pursuant to Section 3(b) above shall be paid as soon as administratively practicable and in no event later than sixty (60) days from the date a separation from service or other qualifying event occurs, although in the event of foreclosure or bankruptcy such payments shall be made within ten (10) days; provided that, any payment of Deferred Compensation that is required to be delayed by six months pursuant to Section 409A of the Internal Revenue Code shall be paid as soon as administratively practicable in a manner that does not violate the requirements of Section 409A of the Internal Revenue Code, as described in Sections 3(b) and 6(a) of this Agreement.
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Termination for Cause or without Cause. Either party may terminate his Employment Agreement for cause at any time if the other party materially breaches his Agreement. In addition, INVO Bioscience may terminate his Agreement for cause: (a) if Mxxxxxx X. Xxxxxxxx is convicted of any felony; (b) if Mxxxxxx X. Xxxxxxxx commits any acts of gross negligence, dishonesty, fraud, misrepresentation or moral turpitude; or (c) if Mxxxxxx X. Xxxxxxxx willfully and knowingly violates any lawful delegation, policy or directive of the Board of Directors that is known or should be known by Mxxxxxx X. Xxxxxxxx, or the provisions of any court order. INVO Bioscience may exercise its right to terminate his Employment Agreement for cause only by a formal resolution adopted at a special or regularly scheduled meeting of the Board of Directors with written notice that the proposed termination will be on the agenda. Mxxxxxx X. Xxxxxxxx shall be entitled to make a presentation at such meeting, either personally and/or by his designated representative, although he may be excluded by the Board of Directors during their discussion and vote on the proposed termination. In the event that INVO Bioscience terminates his Agreement for cause, then Mxxxxxx X. Xxxxxxxx shall not be entitled to receive his base salary and fringe benefits as provided under Paragraphs 4 and 5 above after the effective date of the termination (which shall not be before the date on which the Board of Directors adopts its resolution). If Mxxxxxx X. Xxxxxxxx terminates his Agreement for cause, or if INVO Bioscience provides notice not to renew his Agreement on any anniversary date or if INVO Bioscience terminates his Agreement without cause (which INVO Bioscience shall have the right to do at any time upon not less than sixty (60) days prior written notice), then Mxxxxxx X. Xxxxxxxx shall be entitled to continue to receive his base salary and group medical, hospitalization, dental, life and disability insurance benefits (collectively referred to as “Separation Pay and Benefits”) for three (3) months. If Mxxxxxx X. Xxxxxxxx accepts an offer of employment during such period, then such Separation Pay and Benefits shall cease on the date he begins his new employment, except that Mxxxxxx X. Xxxxxxxx shall receive on or before the date Mxxxxxx X. Xxxxxxxx begins such new employment, in one lump-sum payment, an amount equal to the sum of any remaining base salary payments due.
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Termination for Cause or without Cause 
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Related to Termination for Cause or without Cause

  • Termination for Cause or Without Good Reason If the Executive’s employment should be terminated (i) by the Company for Cause, or (ii) by the Executive without Good Reason, the Company shall pay to the Executive any Accrued Amounts only, and shall not be obligated to make any additional payments to the Executive.

  • Termination Without Cause or With Good Reason If the Executive’s employment is terminated (A) by the Company without Cause, or (B) by the Executive with Good Reason, the Company shall pay (unless otherwise noted, in the normal course) to the Executive or provide the following amounts or benefits:

  • Termination Without Cause or for Good Reason If Executive’s employment by the Company ceases due to a termination by the Company without Cause (as defined below) or a resignation by Executive for Good Reason (as defined below), Executive will be entitled to:

  • Termination Without Cause or Termination for Good Reason (a) The Company may terminate the Executive's employment hereunder without Cause, and the Executive shall be permitted to terminate his employment hereunder for Good Reason (as hereinafter defined). If the Company terminates the Executive's employment hereunder without Cause, other than due to death or Disability, or if the Employee effects a termination for Good Reason, the Executive shall be entitled to receive all the benefits provided for under Section 3.6 of this Agreement.

  • Termination Without Cause or Resignation for Good Reason If (1) Company terminates Employee’s employment during the Initial Term other than (a) due to Employee’s death or Disability or (b) for Cause (as defined below); or (2) if Employee resigns from Employee’s employment for Good Reason (as defined below) during the Initial Term, Employee shall receive the Accrued Amounts on the Date of Termination and, in addition, subject to the Severance Conditions below, (i) Company shall provide a severance payment equal to three (3) months of Employee’s salary as of the Date of Termination (the “Severance Payment”), divided and paid in equal installments over a period of three (3) months in accordance with Company’s regular payroll practices starting on the first regular payday occurring after the effective date of the Release (as defined below), and (ii) the Company will reimburse Employee for COBRA premiums (at the coverage levels and at the Company-paid rate in effect immediately prior to such termination) for Employee and Employee’s covered dependents until the earliest of (A) the date that is three (3) months following the Date of Termination, (B) the date that Employee (or Employee’s spouse or dependents, as applicable) are no longer eligible for COBRA coverage or (C) the date when Employee receives substantially equivalent health insurance coverage in connection with new employment (the “COBRA Benefit”). Company’s obligation to pay Employee the Severance Payment and COBRA Benefit shall be conditioned on Employee’s satisfaction of the following (the “Severance Conditions”): (1) Employee must first sign, and allow to become effective, a Company-approved separation agreement, which shall include a full general release in a form acceptable to Company, releasing all claims, known or unknown, that Employee may have against Company arising out of or any way related to Employee’s employment or termination of employment with Company (the “Release”); and (2) on or before the effective date of the Release, Employee must have (i) reconfirmed Employee’s agreement to abide by all of the surviving provisions of this Agreement and any other agreement between Employee and Company, (ii) agreed to cooperate in the transition of Employee’s employment; and (iii) agreed not to make any voluntary statements, written or oral, or cause or encourage others to make any such statements that defame, disparage, or in any way criticize the personal and/or business reputations, practices, or conduct of the Company or any of its affiliates. All other Company obligations to Employee will be automatically terminated and completely extinguished.

  • Termination for Cause or Resignation without Good Reason If, during the Term of this Agreement, Executive’s employment is terminated by the Company for Cause, or Executive resigns his employment hereunder without Good Reason, the Company shall pay Executive the Termination Amounts, less standard deductions and withholdings. The Company shall thereafter have no further obligations to Executive under this Agreement, except as otherwise provided by law.

  • Termination for Cause or Voluntary Termination If the Executive’s employment terminates pursuant to Section 6(c) [For Cause] or Section 6(f) [Voluntary Termination], the Executive shall be entitled to receive only the salary, annual bonuses, expense reimbursements, benefits and accrued vacation days earned by the Executive pursuant to Section 4 through the date of the Executive’s termination of employment. Annual bonuses are not earned until the date any such bonus is paid in accordance with the terms of the applicable bonus plan. As such, the Executive shall not be entitled to any bonus not paid prior to the date of the Executive’s termination of employment, and the Executive shall not be entitled to any prorated bonus payment for the year in which the Executive’s employment terminates. Any stock options granted to the Executive by the Company shall continue to vest only through the date on which the Executive’s employment terminates, and unless otherwise provided by their terms, any restricted stock, performance share awards or other equity awards that were granted to the Executive by the Company that remain unvested as of the date on which the Executive’s employment terminates shall automatically be forfeited and the Executive shall have no further rights with respect to such awards. The Company shall have no further obligations to the Executive as a result of termination of employment described in this Section 8(b) except as set forth in Section 12.

  • Termination of Employment Without Cause or for Good Reason (a) If (1) the Company terminates Executive’s employment without Cause or (2) Executive resigns for Good Reason, then Executive shall be entitled to receive the following termination payments and benefits; provided, however, that this Section 3.3 shall not apply to, and shall have no effect in connection with, any termination to which Section 3.2 of this Agreement applies:

  • Without Cause or With Good Reason i. In addition to termination pursuant to Sections 10(a) through 10(e), the Board may, by written notice to Executive, immediately terminate his employment at any time for a reason other than Cause (a termination “Without Cause”) and Executive may, by written notice to the Board, immediately terminate this Agreement at any time within ninety (90) days following an event constituting “Good Reason,” as defined below (a termination “With Good Reason”).

  • Termination Without Cause; Termination for Good Reason If the Company shall terminate the Executive’s employment, other than for Cause, or the Executive shall terminate his employment for Good Reason, then;

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