Termination with Cause by the Company. This Employment Agreement may be terminated with Cause (as hereinafter defined) by the Company provided that the Company shall (i) give Employee the Notice of Termination and (ii) pay Employee his annual base salary through the Termination Date at the rate in effect at the time the Notice of Termination is given plus any bonus or incentive compensation which have been earned or have become payable pursuant to the terms of this Employment Agreement or any compensation or benefit plan as of the Termination Date, but which have not yet been paid. In addition, Employee shall have the right to exercise all options that have vested through and including the Termination Date.
Termination with Cause by the Company. This Employment Agreement may be terminated with Cause (as hereinafter defined) by the Company provided that the Company shall:
Termination with Cause by the Company. This Agreement may -------------------------------------- be terminated with Cause (as hereinafter defined) by the Company provided that the Company shall (i) give Executive the Notice of Termination (as hereinafter defined), and (ii) pay Executive his base salary through the Termination Date (as hereinafter defined) at the rate in effect at the time the Notice of Termination is given, plus any bonus or incentive compensation which has been earned or has become payable pursuant to the terms of any compensation or benefit plan as of the Termination Date, but which has not yet been paid. Notwithstanding the foregoing, if Executive is terminated with Cause pursuant to Section 11.02(ii) and, subsequently, charges are dropped, Executive is found not guilty or otherwise cleared of wrongdoing, before or after trial or following appeal, then in such event, the Company shall promptly thereupon recommence payments to Executive (or to his estate in the event of Executive's death) in the amount of the compensation and other benefits described in Section 5 of this Agreement for a period of twelve (12) months, increased by such amount as may be necessary to make Executive whole for any incremental taxes due as a result of such continuance of payments.
Termination with Cause by the Company. This Employment Agreement may be terminated with Cause (as hereinafter defined) by the Company provided that the Company shall (i) give Employee the Notice of Termination (as hereinafter defined) and (ii) pay Employee his annual base salary through the Date of Termination (as hereinafter defined) at the rate in effect at the time the Notice of Termination is given plus any bonus or incentive compensation which has been earned or has become payable pursuant to the terms of any compensation or benefit plan as of the Date of Termination, but which have not yet been paid.
Termination with Cause by the Company. This Agreement may be terminated with Cause (as hereinafter defined) by the Company provided that the Company shall (i) give Executive the Notice of Termination (as hereinafter defined), and (ii) pay Executive his annual base salary through the Termination Date (as hereinafter defined) at the rate in effect at the time the Notice of Termination is given, plus any bonus or incentive compensation which has been earned or has become payable pursuant to the terms of any compensation or benefit plan as of the Termination Date. Notwithstanding the foregoing, if Executive is terminated with Cause pursuant to Section 11.02(ii) and, subsequently, charges are dropped, Executive is found not guilty or otherwise cleared of wrongdoing, before or after trial or following appeal, then in such event, the Company shall promptly thereupon pay Executive (or to his estate in the event of Executive’s death) two year’s severance equal to the amount of the compensation and other benefits described in Section 5 of this Agreement to which Executive was entitled as of the Termination Date, with such payments being made in equal installments over the 24 months following the Termination Date, and such other amount as may be necessary to make Executive whole for any incremental taxes due as a result of such severance payments. In addition, all stock options issued to Executive shall immediately be vested as of the Termination Date.
Termination with Cause by the Company. If, in the opinion of Toupx Technology or its designated agent Dr. Xxxxxxxx xxxlfully breaches or habitually neglects the duties which he is required to perform under the terms of this Agreement, the Company may immediately terminate Dr. Xxxxxxxx xxx Dr. Xxxxxxxx xxxll forfeit all compensation which would otherwise become due under this Agreement.
Termination with Cause by the Company. This Employment Agreement may be terminated with Cause (as hereinafter defined) by the Company provided that the Company shall (i) give Employee the Notice of Termination (as hereinafter defined) and (ii) pay Employee his annual base salary through the Termination Date (as hereinafter defined) at the rate in effect at the time the Notice of Termination is given plus any bonus or incentive compensation which has been earned or has become payable pursuant to the terms of any compensation or benefit plan as of the Termination Date, but which has not yet been paid. 4 Section 10. Termination without Cause by the Company or for or not for Good Reason by Employee. This Employment Agreement may be terminated by (i) the Company by reason of the death or Disability (as hereinafter defined) of Employee, (ii) the Company without Cause by giving Employee a notice of termination, (iii) Employee for Good Reason (as hereinafter defined) and (iv) Employee not for Good Reason after giving Employer a Nature of Termination sixty (60) days prior to the date of such termination. In the event of termination of this Employment Agreement under this Section 10, the Company shall pay Employee his Base Salary through the Termination Date at the rate in effect at the time of the Termination Date plus any bonus or incentive compensation which has been earned or has become payable pursuant to the terms of any compensation or benefit plan as of the Termination Date, but which has not yet been paid. In the event of termination of this Employment Agreement under this Section 10 by the Company (other than by reason of the death or Disability of Employee) or by Employee for Good Reason and such termination is on or prior to July 20, 2002, the Company shall continue to pay to Employee, in addition to the other benefits specifically provided for in this Section, his Base Salary through July 20, 2002, as if this Employment Agreement had not been terminated. In the event of termination of this Employment Agreement under this Section 10 by the Company by reason of the death or Disability of Employee, or without Cause or after July 20, 2002 by Employee for Good Reason, the Company shall provide medical and hospitalization coverage comparable to that provided by the Company as of the Termination Date to Employee and his spouse for their respective lives. This Section 10 shall not be interpreted so as to limit any benefits to which Employee, as a terminated employee of the Company, or his family may...
Termination with Cause by the Company. This Agreement may be terminated with Cause (as hereinafter defined) by the Company provided that the Company shall (i) give Consultant the Notice of Termination (as hereinafter defined), and (ii) pay Consultant his annual base compensation fee through the Termination Date (as hereinafter defined) at the rate in effect at the time the Notice of Termination is given, plus any bonus or incentive compensation which has been earned or has become payable pursuant to the terms of any compensation or benefit plan as of the Termination Date. Notwithstanding the foregoing, if Consultant is terminated with Cause pursuant to Section 11.02(ii) and, subsequently, charges are dropped, Consultant is found not guilty or otherwise cleared of wrongdoing, before or after trial or following appeal, then in such event, the Company shall promptly thereupon pay Consultant (or to his estate in the event of Consultant’s death) two year’s compensation equal to the amount of the compensation and other benefits described in Section 5 of this Agreement to which Consultant was entitled as of the Termination Date, with such payments being made in equal installments over the 24 months following the Termination Date, and such other amount as may be necessary to make Consultant whole for any incremental taxes due as a result of such severance payments. In addition, all stock options issued to Consultant shall immediately be vested as of the Termination Date.
Termination with Cause by the Company. During the term of the agreement the company may terminate the Executive employment for "Cause" (defined below) upon fifteen (15) days' written notice. The Employee's willful or negligent failure or refusal to comply with the written rules and regulations of Employer from time to time established by the Board that shall have been previously delivered to Employee, and that shall not be inconsistent with the terms or conditions of this Agreement, and Employee shall not have cured such failure or refusal within fifteen (30) days following receipt of written notice from Employer of such failure or refusal. The Employee's willful failure or refusal to perform or Employee's performance in a grossly negligent manner a material part of his duties pursuant to the provisions of this Agreement and Employee shall not have cured such failure or refusal within fifteen (15) days following receipt of written notice from Employer of such failure or refusal.
Termination with Cause by the Company. The Company may terminate the Employee's employment pursuant to the terms of this Agreement at any time for cause by giving written notice of termination, and termination will become effective upon the giving of such notice. However, Employee will not be deemed to have been terminated "for just cause" unless at least two-thirds of the members of the Board of Directors of Employer so determine. Upon any such termination for cause for any period subsequent to the effective date of termination, the Employee shall be paid all salary and commissions earned as of the date of termination. Such commissions shall be paid at the same date as if the agreement were still in effect. The Employee shall have no right to stock options under Section 4 or participate in any employee benefit programs which may then be in effect, except as required by law. For purposes of Section 7(B), "just cause" means (I) Employee has willfully, intentionally and continuously failed to substantially perform his duties as specified under this Agreement, after a demand for substantial performance is delivered to the Employee by the Employer which specifically identifies the manner in which Employer believes Employee has not substantially performed his duties; (ii) Employee has willfully engaged in gross misconduct materially and demonstrably injurious to the Employer: (iii) the Employee commits acts of dishonesty or disloyalty to Employer or misappropriates Company funds or otherwise defrauds the Company; (iv) the Employee materially breaches any provision of Section 5 of this Agreement; (v) material failure by Employee to comply with applicable laws or government regulations; or (vi) Employee's criminal conviction by any state or federal court of a felony. In the case of termination for items (I), (ii) or (iii) of the preceding paragraph, Employee shall be given at least one (1) written notice describing in reasonably detail the perceived deficiencies in Employee's performance, and Employee shall be given at least thirty (30) days' opportunity to correct such perceived deficiencies prior to any termination.
