Termination of Employee for Cause. (a) Upon or following a Change of Control, the Company may at any time terminate the Employee’s employment for Cause. Termination of employment by the Company for “Cause” shall mean termination upon: (i) the willful and continued failure by the Employee to substantially perform his/her duties with the Company (other than (A) any such failure resulting from Employee’s disability or (B) any such actual or anticipated failure resulting from Employee’s termination of his/her employment for Good Reason), after a written demand for substantial performance is delivered to the Employee by the Board of Directors which specifically identifies the manner in which the Board of Directors believes that the Employee has not substantially performed his/her duties, and which failure has not been cured within thirty days (30) after such written demand; or (ii) the willful and continued engaging by the Employee in conduct which is demonstrably and materially injurious to the Company, monetarily or otherwise, or (iii) the breach by the Employee of any of the covenants set forth in Section 8 hereof.
Appears in 14 contracts
Samples: Change of Control Agreement (Equitable Resources Inc /Pa/), Change of Control Agreement (Equitable Resources Inc /Pa/), Change of Control Agreement (Equitable Resources Inc /Pa/)
Termination of Employee for Cause. (a) Upon or following a Change of Control, the Company may at any time terminate the Employee’s 's employment for Cause. Termination of employment by the Company for “"Cause” " shall mean termination upon: (i) the willful and continued failure by the Employee to substantially perform his/her duties with the Company (other than (A) any such failure resulting from Employee’s 's disability or (B) any such actual or anticipated failure resulting from Employee’s 's termination of his/her employment for Good Reason), after a written demand for substantial performance is delivered to the Employee by the Board of Directors which specifically identifies the manner in which the Board of Directors believes that the Employee has not substantially performed his/her duties, and which failure has not been cured within thirty days (30) after such written demand; or (ii) the willful and continued engaging by the Employee in conduct which is demonstrably and materially injurious to the Company, monetarily or otherwise, or (iii) the breach by the Employee of any of the covenants confidentiality provision set forth in Section 8 hereof.
Appears in 8 contracts
Samples: Change of Control Agreement (Equitable Resources Inc /Pa/), Change of Control Agreement (Equitable Resources Inc /Pa/), Change of Control Agreement (Equitable Resources Inc /Pa/)
Termination of Employee for Cause. (a) Upon or following a Change of Control, the Company may at any time terminate the Employee’s employment for Cause. Termination of employment by the Company for “Cause” shall mean termination upon: (i) the willful and continued failure by the Employee to substantially perform his/her his duties with the Company (other than (A) any such failure resulting from the Employee’s disability or (B) any such actual or anticipated failure resulting from the Employee’s termination of his/her his employment for Good Reason), after a written demand for substantial performance is delivered to the Employee by the Board of Directors which specifically identifies the manner in which the Board of Directors believes that the Employee has not substantially performed his/her his duties, and which failure has not been cured within thirty days (30) after such written demand; or (ii) the willful and continued engaging by the Employee in conduct which is demonstrably and materially injurious to the Company, monetarily or otherwise, or (iii) the breach by the Employee of any of the covenants set forth in Section 8 hereof.
Appears in 4 contracts
Samples: Change of Control Agreement (EQT Corp), Change of Control Agreement (EQT Corp), Change of Control Agreement (EQT Corp)
Termination of Employee for Cause. (a) Upon or following a Change of Control, the Company may at any time terminate the Employee’s employment for Cause. Termination of employment by the Company for “Cause” shall mean termination upon: (i) the willful and continued failure by the Employee to substantially perform his/her duties with the Company (other than (A) any such failure resulting from Employee’s disability or (B) any such actual or anticipated failure resulting from Employee’s termination of his/her employment for Good Reason), after a written demand for substantial performance is delivered to the Employee by the Board of Directors which specifically identifies the manner in which the Board of Directors believes that the Employee has not substantially performed his/her duties, and which failure has not been cured within thirty days (30) after such written demand; or (ii) the willful and continued engaging by the Employee in conduct which is demonstrably and materially injurious to the Company, monetarily or otherwise, or (iii) the breach by the Employee of any of the covenants confidentiality provision set forth in Section 8 hereof.
Appears in 3 contracts
Samples: Change of Control Agreement (Equitable Resources Inc /Pa/), Change of Control Agreement (Equitable Resources Inc /Pa/), Change of Control Agreement (Equitable Resources Inc /Pa/)
Termination of Employee for Cause. (a) Upon or following a Change of Control, the Company may at any time terminate the Employee’s employment for Cause. Termination of employment by the Company for “Cause” shall mean termination upon: (i) the willful and continued failure by the Employee to substantially perform his/her duties with the Company (other than (A) any such failure resulting from the Employee’s disability or (B) any such actual or anticipated failure resulting from the Employee’s termination of his/her employment for Good Reason), after a written demand for substantial performance is delivered to the Employee by the Board of Directors which specifically identifies the manner in which the Board of Directors believes that the Employee has not substantially performed his/her duties, and which failure has not been cured within thirty days (30) after such written demand; or (ii) the willful and continued engaging by the Employee in conduct which is demonstrably and materially injurious to the Company, monetarily or otherwise, or (iii) the breach by the Employee of any of the covenants set forth in Section 8 hereof.
Appears in 1 contract
Samples: Change of Control Agreement (EQT Midstream Partners, LP)