Termination of Employment With Cause. In addition to any other ------------------------------------ remedies available to the Company at law, in equity or as set forth in this Agreement, the Company shall have the right, upon written notice to Executive, to terminate his employment hereunder without any further liability or obligation to him in respect of his employment (other than its obligation to pay Base Salary accrued but unpaid as of the date of termination) if Executive: (a) breaches any material provision of this Agreement; or (b) has committed an act of gross misconduct in connection with the performance of his duties hereunder, as determined in good faith by the Board; or (c) demonstrates habitual negligence in the performance of his duties, as determined by the Board; or (d) is convicted of or pleads nolo contendere to any misdemeanor involving moral turpitude or to any felony; or (e) has committed any act of fraud, misappropriation of funds or embezzlement in connection with his employment hereunder (a "Termination With Cause"). (i) Executive shall be given written notice by the Board of the intention to effect a Termination With Cause, such notice (A) to state in detail the particular circumstances that constitute the grounds on which the proposed Termination With Cause is based and (B) to be given no later than 180 days after the Board first learns of such circumstances; (ii) Executive shall have 15 days after receiving such notice in which to cure such grounds, to the extent such cure is possible; and (iii) if Executive fails to cure such grounds, he shall, upon written notice by the Board, incur a Termination With Cause.
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Samples: Employment Agreement (Four Media Co), Employment Agreement (Four Media Co), Employment Agreement (Four Media Co)
Termination of Employment With Cause. In addition to any other ------------------------------------ remedies available to the Company at law, in equity or as set forth in this Agreement, the Company shall have the right, upon written notice to Executive, to terminate his employment hereunder without any further liability or obligation to him in respect of his employment (other than its obligation to pay Base Salary accrued but unpaid as of the date of termination) if Executive: (a) breaches any material provision of this Agreement; or (b) has committed an act of gross misconduct in connection with the performance of his duties hereunder, as determined in good faith by the Board; or (c) demonstrates habitual negligence in the performance of his duties, as determined by the Board; or (d) is convicted of or pleads nolo contendere to any misdemeanor involving moral turpitude or to any felony; or (e) has committed any act of fraud, misappropriation of funds or embezzlement in connection with his employment hereunder (a "Termination With Cause").
(i) Executive shall be given written notice by the Board of the intention to effect a Termination With Cause, such notice (A) to state in detail the particular circumstances that constitute the grounds on which the proposed Termination With Cause is based and (B) to be given no later than 180 days after the Board first learns of such circumstances; (ii) Executive shall have 15 days after receiving such notice in which to cure such grounds, to the extent such cure is possible; and (iii) if Executive fails to cure such grounds, he shall, upon written notice by shall then be entitled to a hearing before the Board, such hearing to be held within 20 days of his receiving such notice, provided that he requests such hearing within 15 days of receiving such notice; and (iv) if, within five days following such hearing, the Board gives written notice to Executive confirming that, in the judgment of at least a majority of the members of the Board, grounds for the Termination With Cause set forth in the original notice exist, he shall thereupon incur a Termination With Cause.
Appears in 2 contracts
Samples: Employment Agreement (Four Media Co), Employment Agreement (Four Media Co)
Termination of Employment With Cause. In addition to any other ------------------------------------ remedies available to the Company at law, in equity or as set forth in this Agreement, the Company shall have the right, upon written notice to Executive, to terminate his employment hereunder without any further liability or obligation to him in respect of his employment (other than its obligation to pay Base Salary accrued but unpaid as of the date of termination) if Executive: (a) breaches any material provision of this Agreement; or (b) has committed an act of gross misconduct in connection with the performance of his duties hereunder, as determined in good faith by the Board; or (c) demonstrates habitual negligence in the performance of his duties, as determined by the Board; or (d) is convicted of or pleads nolo contendere to any misdemeanor involving moral turpitude or to any felony; or (e) has committed any act of fraud, misappropriation of funds or embezzlement in connection with his employment hereunder (a "Termination With Cause").
(i) Executive shall be given written notice by the Board of the intention to effect a Termination With Cause, such notice (A) to state in detail the particular circumstances that constitute the grounds on which the proposed Termination With Cause is based and (B) to be given no later than 180 days after the Board first learns of such circumstances; (ii) Executive shall have 15 days after receiving such notice in which to cure such grounds, to the extent such cure is possible; and (iii) if Executive fails to cure such grounds, he shall, upon written notice by the Board, incur a Termination With Cause.
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Termination of Employment With Cause. In addition to any other ------------------------------------ remedies available to the Company at law, in equity or as set forth in this Agreement, the Company shall have the right, upon written notice to Executive, to terminate his employment hereunder without any further liability or obligation to him in respect of his employment (other than its obligation to pay Base Salary accrued but unpaid as of the date of termination) if Executive: (a) breaches any material provision of this Agreement; or (b) has committed an act of gross misconduct in connection with the performance of his duties hereunder, as determined in good faith by the Board; or (c) demonstrates habitual negligence in the performance of his duties, as determined by the Board; or (d) is convicted of or pleads nolo contendere to any misdemeanor involving moral turpitude or to any felony; or (e) has committed any act of fraud, misappropriation of funds or embezzlement in connection with his employment hereunder (a "Termination With Cause").
(i) Executive shall be given written notice by the Board of the intention to effect a Termination With Cause, such notice (A) to state in detail the particular circumstances that constitute the grounds on which the proposed Termination With Cause is based and (B) to be given no later than 180 days after the Board first learns of such circumstances; (ii) Executive shall have 15 days after receiving such notice in which to cure such grounds, to the extent such cure is possible; and (iii) if Executive fails to cure such grounds, he shall, upon written notice by shall then be entitled to a hearing before the Board, such hearing to be held within 20 days of his receiving such notice, provided that he requests such hearing within 15 days of receiving such notice; and (iv) if, within five days following such hearing, the Board gives written notice to Executive confirming that, in the judgment of at least a majority of the members of the Board, grounds for the Termination With Cause set forth in the original notice exist, he shall thereupon incur a Termination With Cause.
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