Common use of Termination on Death and for Cause Clause in Contracts

Termination on Death and for Cause. This Agreement, and Employee's employment hereunder, shall terminate upon Employee's death and is otherwise immediately terminable for cause (as defined below) upon written notice from the Company to Employee. As used in this Agreement, "cause" shall include: (i) habitual neglect of or deliberate or intentional refusal to perform any of Employee's duties or obligations under this Agreement or to follow Company policies or procedures; (ii) fraudulent or criminal activities; (iii) any grossly negligent or dishonest or unethical activity; (iv) breach of fiduciary duty, deliberate breach of Company rules resulting in loss or damage to the Company, or unauthorized disclosure of Company trade secrets or confidential information; or (v) if Employee fails to fulfill for two (2) consecutive years the annual performance goals and objectives, which shall be mutually determined by the Employee and the Board of Directors. A determination of whether Employee's actions justify termination for cause and the date such termination is effective shall be made by the Board of Directors in its sole discretion.

Termination on Death and for Cause. This Agreement, and Employee's employment hereunder, shall terminate upon Employee's death and is otherwise immediately terminable for cause (as defined below) upon written notice from the Company to Employee. As used in this Agreement, "cause" shall include: (i) habitual neglect of or deliberate or intentional refusal to perform any of Employee's duties or obligations under this Agreement or to follow Company policies or procedures; (ii) fraudulent or criminal activities; (iii) any grossly negligent or dishonest or unethical activity; (iv) breach of fiduciary duty, deliberate breach of Company rules resulting in loss or damage to the Company, or unauthorized disclosure of Company trade secrets or confidential information; or (v) if Employee fails to fulfill for two (2) consecutive years the annual performance goals and objectives, which shall be mutually determined by the Employee and the Board of Directors. A determination of whether Employee's actions justify termination for cause and the date such termination is effective shall be made by the Board of Directors in its sole discretion.