Common use of THE OCCURRENCE OF CAUSE Clause in Contracts

THE OCCURRENCE OF CAUSE. For purposes of this Agreement, Employer shall have "Cause" to terminate the Executive's employment hereunder only upon: (i) The willful failure or neglect by the Executive to substantially perform his assigned duties to the Employer or any subsidiary (other than any such refusal resulting from the Executive's disability or incapacity due to physical or mental illness); (ii) The engaging by the Executive in criminal conduct or conduct constituting moral turpitude; (iii) The willful insubordination of the Executive; (iv) The embezzlement, theft or misappropriation by the Executive of any property of Employer or its affiliates; (v) Fraud, acts of dishonesty or misrepresentation, or other acts (including any breach of the Executive's covenants contained in this Agreement) that cause harm to Employer or substantial damage to its reputation or that of its subsidiaries (other than as a consequence of good faith decisions made by the Executive in the normal performance of the Executive's duties hereunder); (vi) A conviction for or plea of nolo contendere to a felony which carries a minimum prison sentence upon conviction of one (1) year or longer; (vii) Executive commits a material breach of this Agreement or any written policies of Employer; (viii) breach of Executive's fiduciary obligations to the Employer or any of its subsidiaries; and/or (ix) any chemical dependence which materially affects the performance of Executive's duties and responsibilities to the Employer or any of its subsidiaries; PROVIDED, that in the case of the misconduct set forth in clauses (i) and (ix) above, such misconduct shall continue for a period of thirty (30) days following written notice thereof by the Company to Employee. Notwithstanding the foregoing, Executive shall not be deemed to have been terminated for Cause unless and until there shall be delivered to him a copy of a duly adopted resolution of the Employer's Board of Directors finding that the Employer has "Cause" to terminate Executive as contemplated in this Section 4(a). If Employer terminates Executive's employment for Cause, Employer will pay Executive his Base Salary in effect on the date of termination through the date of termination, prorated for any partial payroll period.

THE OCCURRENCE OF CAUSE. For purposes of this Agreement, Employer shall have "Cause" to terminate the Executive's employment hereunder only upon: (i) The willful failure or neglect by the Executive to substantially perform his assigned duties to the Employer or any subsidiary (other than any such refusal resulting from the Executive's disability or incapacity due to physical or mental illness); (ii) The engaging by the Executive in criminal conduct or conduct constituting moral turpitude; (iii) The willful insubordination of the Executive; (iv) The embezzlement, theft or misappropriation by the Executive of any property of Employer or its affiliates; (v) Fraud, acts of dishonesty or misrepresentation, or other acts (including any breach of the Executive's covenants contained in this Agreement) that cause harm to Employer or substantial damage to its reputation or that of its subsidiaries (other than as a consequence of good faith decisions made by the Executive in the normal performance of the Executive's duties hereunder); (vi) A conviction for or plea of nolo contendere to a felony which carries a minimum prison sentence upon conviction of one (1) year or longer; (vii) Executive commits a material breach of this Agreement or any written policies of Employer; (viii) breach of Executive's fiduciary obligations to the Employer or any of its subsidiaries; and/or (ix) any chemical dependence which materially affects the performance of Executive's duties and responsibilities to the Employer or any of its subsidiaries; PROVIDED, that in the case of the misconduct set forth in clauses (i) and (ix) above, such misconduct shall continue for a period of thirty (30) days following written notice thereof by the Company Employer to Employee. Notwithstanding the foregoing, Executive shall not be deemed to have been terminated for Cause unless and until there shall be delivered to him a copy of a duly adopted resolution of the Employer's Board of Directors finding that the Employer has "Cause" to terminate Executive as contemplated in this Section 4(a). If Employer terminates Executive's employment for Cause, Employer will pay Executive his Base Salary in effect on the date of termination through the date of termination, prorated for any partial payroll period.

THE OCCURRENCE OF CAUSE. For purposes of this Agreement, Employer shall have "Cause" to terminate the Executive's employment hereunder only upon: (i) The willful failure or neglect by the Executive to substantially perform his assigned duties to the Employer or any subsidiary (other than any such refusal resulting from the Executive's disability or incapacity due to physical or mental illness); (ii) The engaging by the Executive in criminal conduct or conduct constituting moral turpitude; (iii) The willful insubordination of the Executive; (iv) The embezzlement, theft or misappropriation by the Executive of any property of Employer or its affiliates; (v) Fraud, acts of dishonesty or misrepresentation, or other acts (including any breach of the Executive's covenants contained in this Agreement) that cause harm to Employer or substantial damage to its reputation or that of its subsidiaries (other than as a consequence of good faith decisions made by the Executive in the normal performance of the Executive's duties hereunder); (vi) A conviction for or plea of nolo contendere to a felony which carries a minimum prison sentence upon conviction of one (1) year or longer; (vii) Executive commits committing a material breach of this Agreement or any written policies of Employer; (viii) breach of Executive's fiduciary obligations to the Employer or any of its subsidiaries; and/or (ix) any chemical dependence which materially affects the performance of Executive's duties and responsibilities to the Employer or any of its subsidiaries; PROVIDED, that in the case of the misconduct set forth in clauses (i) and (ix) above, such misconduct shall continue for a period of thirty (30) days following written notice thereof by the Company to Employee. Notwithstanding the foregoing, Executive shall not be deemed to have been terminated for Cause unless and until there shall be delivered to him a copy of a duly adopted resolution of the Employer's Board of Directors finding that the Employer has "Cause" to terminate Executive as contemplated in this Section 4(a). If Employer terminates Executive's employment for Cause, Employer will pay Executive his Base Salary in effect on the date of termination through the date of termination, prorated for any partial payroll period.

THE OCCURRENCE OF CAUSE. For purposes of this Agreement, Employer shall have "Cause" to terminate the Executive's employment hereunder only upon: (i) The willful failure or neglect by the Executive to substantially perform his assigned duties to the Employer or any subsidiary (other than any such refusal resulting from the Executive's disability or incapacity due to physical or mental illness); (ii) The engaging by the Executive in criminal conduct or conduct constituting moral turpitude; (iii) The willful insubordination of the Executive; (iv) The embezzlement, theft or misappropriation by the Executive of any property of Employer or its affiliates; (v) Fraud, acts of dishonesty or misrepresentation, or other acts (including any breach of the Executive's covenants contained in this Agreement) that cause harm to Employer or substantial damage to its reputation or that of its subsidiaries (other than as a consequence of good faith decisions made by the Executive in the normal performance of the Executive's duties hereunder); (vi) A conviction for or plea of nolo contendere to a felony which carries a minimum prison sentence upon conviction of one (1) year or longer; (vii) Executive commits a material breach of this Agreement or any written policies of Employer; (viii) breach of Executive's fiduciary obligations to the Employer or any of its subsidiariessubsidiaries involving personal profit; and/or (ix) any chemical dependence which materially affects the performance of Executive's duties and responsibilities to the Employer or any of its subsidiaries; PROVIDED, that in the case of the misconduct set forth in clauses (i) and (ix) above, such misconduct shall continue for a period of thirty (30) calendar days following written notice thereof by the Company Employer to EmployeeEmployee without Executive's cure of such breach. Notwithstanding the foregoing, Executive shall not be deemed to have been terminated for Cause unless and until there shall be delivered to him a copy of a duly adopted resolution of the Employer's Board of Directors finding that the Employer has "Cause" to terminate Executive as contemplated in this Section 4(a). If Employer terminates Executive's employment for Cause, Employer will pay Executive his Base Salary in effect on the date of termination through the date of termination, prorated for any partial payroll period.

THE OCCURRENCE OF CAUSE. For purposes of this Agreement, Employer shall have "Cause" to terminate the Executive's employment hereunder only upon: (i) The willful failure or neglect by the Executive to substantially perform his assigned duties to the Employer or any subsidiary (other than any such refusal resulting from the Executive's disability or incapacity due to physical or mental illness); (ii) The engaging by the Executive in criminal conduct or conduct constituting moral turpitude; (iii) The willful insubordination of the Executive; (iv) The embezzlement, theft or misappropriation by the Executive of any property of Employer or its affiliates; (v) Fraud, acts of dishonesty or misrepresentation, or other acts (including any breach of the Executive's covenants contained in this Agreement) that cause harm to Employer or substantial damage to its reputation or that of its subsidiaries (other than as a consequence of good faith decisions made by the Executive in the normal performance of the Executive's duties hereunder); (vi) A conviction for or plea of nolo contendere NOLO CONTENDERE to a felony which carries a minimum prison sentence upon conviction of one (1) year or longer; (vii) Executive commits a material breach of this Agreement or any written policies of Employer; (viii) breach Breach of Executive's fiduciary obligations to the Employer or any of its subsidiaries; and/or (ix) any Any chemical dependence which materially affects the performance of Executive's duties and responsibilities to the Employer or any of its subsidiaries; PROVIDED, that in the case of the misconduct set forth in clauses (i) and (ix) above, such misconduct shall continue for a period of thirty (30) days following written notice thereof by the Company Employer to Employee. Notwithstanding the foregoing, Executive shall not be deemed to have been terminated for Cause unless and until there shall be delivered to him a copy of a duly adopted resolution of the Employer's Board of Directors finding that the Employer has "Cause" to terminate Executive as contemplated in this Section 4(a). If Employer terminates Executive's employment for Cause, Employer will pay Executive his Base Salary in effect on the date of termination through the date of termination, prorated for any partial payroll period. As of the date of termination, the Stock Option Agreement will be terminated and all unexercised options granted thereby, whether vested or unvested, will be cancelled.