Common use of Termination of Employment by the Company Clause in Contracts

Termination of Employment by the Company. 13.1 The Company may terminate the Employee's employment and this Agreement at any time upon 14 days' written notice to the Employee. At the Company's discretion, the Employee will continue to perform his duties and will be paid his regular salary up to the date of termination; or the Company will pay the Employee severance pay in accordance with the labour laws of British Columbia, less applicable Government Deductions and Benefit Deductions. -------------------------------------------------------------------------------- EDUVERSE Accelerated Learning Systems (Canada), Inc. Employment Agreement Page 3 of 7 ----- -------- EDUV Employee 13.2 Notwithstanding anything to the contrary contained in this Agreement, the Company may (provided that the Common Shares of the Company have not been the subject of a successful takeover bid) terminate the Employee's employment upon 14 days' notice to the Employee without payment of any severance allowance should any of the following events occur: (a) The Company's decision to terminate its business and liquidate its assets; or (b) Bankruptcy or reorganization of the Company to protect its assets from creditors. 13.3 Notwithstanding anything to the contrary contained in this Agreement; the Company may terminate the Employee's employment without notice and/or severance, if the Employee commits any of the following: (a) an act of fraud, dishonesty, negligent performance of employment duties or the dereliction of employment duties; (b) a breach of the terms of this Agreement or the Confidentiality and Non-Competition Agreement, which breach is not fully corrected by the Employee within 5 days of notice from the Company; or (c) any act or omission which constitutes "just cause" for dismissal under the laws of British Columbia.

Termination of Employment by the Company. 13.1 The 11.1 Notwithstanding anything to the contrary contained in this Agreement, the Company may terminate the Employee's employment and this Agreement at any time upon 14 30 days' ’ written notice to the Employee. At the Company's discretion, the Employee will continue to perform his duties and will be paid his regular salary up to the date of termination; or the . The Company will pay the Employee severance pay in accordance with the labour labor laws of the Province of British Columbia, less applicable Government Deductions and Benefit Deductions. -------------------------------------------------------------------------------- EDUVERSE Accelerated Learning Systems (Canada), Inc. Employment Agreement Page 3 of 7 ----- -------- EDUV Employeepay Severance as set out in Section 13. 13.2 11.2 Notwithstanding anything to the contrary contained in this Agreement, the Company may (provided that the Common Shares of the Company have not been the subject of a successful takeover bid) terminate the Employee's employment upon 14 days' notice to the Employee without payment of any severance allowance should any of the following events occur: (a) The Company's decision to terminate its business and liquidate its assets; or (b) Bankruptcy or reorganization of the Company to protect its assets from creditors. However, upon the occurrence of either event outlined in Sections 11.2(a) or 11.2(b), the Company will pay to the Employee, Severance as set out in Section 13. 13.3 11.3 Notwithstanding anything to the contrary contained in this Agreement; the Company may terminate the Employee's employment without notice and/or severancepayment of any severance allowance or any Severance as set out in Section 13, if the Employee commits any of the following: (a) an act of fraud, dishonesty, negligent performance of employment duties or the dereliction of employment duties; (b) a breach of the terms of this Agreement or the Confidentiality and Non-Competition Agreement, which breach is not fully corrected by the Employee within 5 days of notice from the Company; or (c) any act or omission which constitutes "“just cause" ” for dismissal under the laws of the Province of British Columbia.

Termination of Employment by the Company. 13.1 The 11.1 Subject to the terms of this Agreement, the Company may terminate the Employee's employment and this Agreement at any time upon 14 days' written notice to the Employeewithout notice. At the Company's discretion, the Employee will continue to perform his duties and will be paid his regular salary up to the date of termination; or the . The Company will pay to the Employee severance pay in accordance with the labour laws provisions of Section 13 hereof, such severance to be inclusive of any severance obligations to the Employee pursuant to the provisions of the Employment Standards Act of British Columbia, less applicable Government Deductions and Benefit Deductions. -------------------------------------------------------------------------------- EDUVERSE Accelerated Learning Systems (Canada), Inc. Employment Agreement Page 3 of 7 ----- -------- EDUV Employee. 13.2 11.2 Notwithstanding anything to the contrary contained in this Agreement, the Company may (provided that the Common Shares of the Company have not been the subject of a successful takeover bid) terminate the Employee's employment upon 14 days' notice to the Employee without payment of any severance allowance should any of the following events occur: (a) The Company's decision to terminate its business and liquidate its assets; or (b) Bankruptcy or reorganization of the Company to protect its assets from creditors. However, upon the occurrence of either event outlined in Sections 11.2(a) or 11.2(b), the Company will pay to the Employee Severance as set out in Section 13. 13.3 11.3 Notwithstanding anything to the contrary contained in this Agreement; the Company may terminate the Employee's employment without notice and/or severancepayment of any severance allowance or any Severance as set out in Section 13, if the Employee commits any of the following: (a) an act of fraud, dishonesty, negligent performance of employment duties or the dereliction of employment duties; (b) a breach of the terms of this Agreement or the Confidentiality and Non-Competition Agreement, which breach is not fully corrected by the Employee within 5 days of notice from the Company; or (c) any act or omission which constitutes "“just cause" ” for dismissal under the laws of the Province of British Columbia.

Termination of Employment by the Company. 13.1 The 11.1 Notwithstanding anything to the contrary contained in this Agreement, the Company may terminate the Employee's employment and this Agreement at any time upon 14 30 days' ’ written notice to the Employee. At the Company's discretion, the Employee will continue to perform his duties and will be paid his regular salary up to the date of termination; or the . The Company will pay the Employee severance pay in accordance with the labour labor laws of the Province of British Columbia, less applicable Government Deductions and Benefit Deductions. -------------------------------------------------------------------------------- EDUVERSE Accelerated Learning Systems (Canada), Inc. Employment Agreement Page 3 of 7 ----- -------- EDUV EmployeeSeverance as set out in Section 13. 13.2 11.2 Notwithstanding anything to the contrary contained in this Agreement, the Company may (provided that the Common Shares of the Company have not been the subject of a successful takeover bid) terminate the Employee's employment upon 14 days' notice to the Employee without payment of any severance allowance should any of the following events occur: (a) The Company's decision to terminate its business and liquidate its assets; or (b) Bankruptcy or reorganization of the Company to protect its assets from creditors. However, upon the occurrence of either event outlined in Sections 11.2(a) or 11.2(b), the Company will pay to the Employee Severance as set out in Section 13. 13.3 11.3 Notwithstanding anything to the contrary contained in this Agreement; the Company may terminate the Employee's employment without notice and/or severancepayment of any severance allowance or any Severance as set out in Section 13, if the Employee commits any of the following: (a) an act of fraud, dishonesty, negligent performance of employment duties or the dereliction of employment duties; (b) a breach of the terms of this Agreement or the Confidentiality and Non-Competition Agreement, which breach is not fully corrected by the Employee within 5 days of notice from the Company; oror Xten Networks, Inc. Employment Agreement (c) any act or omission which constitutes "“just cause" ” for dismissal under the laws of the Province of British Columbia.

Termination of Employment by the Company. 13.1 The 11.1 Subject to the terms of this Agreement, the Company may terminate the Employee's employment and this Agreement at any time upon 14 days' written notice to the Employeewithout notice. At the Company's discretion, the Employee will continue to perform his duties and will be paid his regular salary up to the date of termination; or the . The Company will pay to the Employee severance pay in accordance with the labour laws provisions of Section 13 hereof, such severance to be inclusive of any severance obligations to the Employee pursuant to the provisions of the Employment Standards Act of British Columbia, less applicable Government Deductions and Benefit Deductions. -------------------------------------------------------------------------------- EDUVERSE Accelerated Learning Systems (Canada), Inc. Employment Agreement Page 3 of 7 ----- -------- EDUV Employee. 13.2 11.2 Notwithstanding anything to the contrary contained in this Agreement, the Company may (provided that the Common Shares of the Company have not been the subject of a successful takeover bid) terminate the Employee's employment upon 14 days' notice to the Employee without payment of any severance allowance should any of the following events occur:: Xten Networks, Inc. Employment Agreement (a) The Company's decision to terminate its business and liquidate its assets; or (b) Bankruptcy or reorganization of the Company to protect its assets from creditors. However, upon the occurrence of either event outlined in Sections 11.2(a) or 11.2(b), the Company will pay to the Employee Severance as set out in Section 13. 13.3 11.3 Notwithstanding anything to the contrary contained in this Agreement; the Company may terminate the Employee's employment without notice and/or severancepayment of any severance allowance or any Severance as set out in Section 13, if the Employee commits any of the following: (a) an act of fraud, dishonesty, negligent gross negligence or dereliction in the performance of employment duties or the dereliction of employment duties; (b) a material breach of the terms of this Agreement or the Confidentiality and Non-Competition Agreement, which breach is not fully corrected by the Employee within 5 days of notice from the Company; or (c) any act or omission which constitutes "“just cause" ” for dismissal under the laws of the Province of British Columbia.

Termination of Employment by the Company. 13.1 The 11.1 Notwithstanding anything to the contrary contained in this Agreement, the Company may terminate the Employee's employment and this Agreement at any time upon 14 30 days' ’ written notice to the Employee. At the Company's discretion, the Employee will continue to perform his duties and will be paid his regular salary up to the date of termination; or the . The Company will pay the Employee Severance as set out in Section 13(a), which Severance shall be inclusive of any severance pay in accordance with that would be payable pursuant to the labour laws provisions of the Employment Standards Act of British Columbia, less applicable Government Deductions and Benefit Deductions. -------------------------------------------------------------------------------- EDUVERSE Accelerated Learning Systems (Canada), Inc. Employment Agreement Page 3 of 7 ----- -------- EDUV Employee. 13.2 11.2 Notwithstanding anything to the contrary contained in this Agreement, the Company may (provided that the Common Shares of the Company have not been the subject of a successful takeover bid) terminate the Employee's employment upon 14 days' notice to the Employee without payment of any severance allowance should any of the following events occur: (a) The Company's decision to terminate its business and liquidate its assets; or (b) Bankruptcy or reorganization of the Company to protect its assets from creditors. However, upon the occurrence of either event outlined in Sections 11.2(a) or 11.2(b), the Company will pay to the Employee Severance as set out in Section 13(a), which Severance shall be inclusive of any severance that would be payable pursuant to the provisions of the Employment Standards Act of British Columbia. 13.3 11.3 Notwithstanding anything to the contrary contained in this Agreement; the Company may terminate the Employee's employment without notice and/or severancepayment of any severance that would be payable pursuant to the provisions of the Employment Standards Act of British Columbia or any Severance as set out in Section 13, if the Employee commits any of the following: (a) an act of fraud, dishonesty, negligent performance of employment duties or the dereliction of employment duties; (b) a breach of the terms of this Agreement or the Confidentiality and Non-Competition Agreement, which breach is not fully corrected by the Employee within 5 days of notice from the Company; or (c) any act or omission which constitutes "“just cause" ” for dismissal under the laws of the Province of British Columbia.