Voluntary Resignation or Termination for Cause. If the Employee's employment with the Company terminates as a result of the Employee's voluntary resignation which is not an Involuntary Termination or if the Employee is terminated for Cause at any time after a Change of Control, then the Employee shall not be entitled to receive severance or other benefits hereunder, but may be eligible for those benefits (if any) as may then be established under the Company's then existing severance and benefits plans and policies at the time of such termination.
Voluntary Resignation or Termination for Cause. If the Consulting Director shall voluntarily terminate his or her services for other than Good Reason or if the Company shall discharge the Consulting Director for Cause, this Agreement shall terminate immediately and the Company shall have no further obligation to make any payment under this Agreement which has not already become payable, but has not yet been paid. Provided, however, that with respect to any plans or programs in which the Consulting Director is participating at the time of his or her termination, the Consulting Director's rights and benefits under each such plan shall be determined in accordance with the terms, conditions, and limitations of the plan and any separate agreement executed by the Consulting Director which may then be in effect. For the purposes of this Agreement, the Company shall have "Cause" to terminate the Consulting Director's services hereunder upon:
(i) the willful and continued failure by the Consulting Director to perform his or her duties with the Company (other than any such failure resulting from incapacity due to Disability), after a demand for substantial performance is delivered to the Consulting Director by the Board which specifically identifies the manner in which the Board believes that he or she has not substantially performed his or her duties;
(ii) the willful engaging by the Consulting Director in gross misconduct materially and demonstrably injurious to the Company. For purposes of this paragraph, no act, or failure to act, on the Consulting Director's part shall be considered "willful" unless done, or omitted to be done, by him not in good faith and without reasonable belief that his or her action or omission was not in the best interest of the Company;
Voluntary Resignation or Termination for Cause. (i) In the event of the Executive’s Voluntary Resignation or termination of his employment by the Company for Cause, the Executive shall not be entitled to any compensation, benefits, awards or other payments in connection with such termination of his employment, except as provided in paragraph (a) of this Section 4.
(ii) The Executive shall not be deemed to have been terminated for Cause under this Agreement, unless the following procedures have been observed: To terminate the Executive for Cause, the Board must deliver to the Executive notice of such termination in writing, which notice must specify the facts purportedly constituting Cause in reasonable detail. The Executive will have the right, within 10 calendar days of receipt of such notice, to submit a written request for review by the Board. If such request is timely made, within a reasonable time thereafter, the Board (with all directors attending in person or by telephone) shall give the Executive the opportunity to be heard (personally or by counsel). Following such hearing, unless a majority of the directors then in office confirm that the Executive’s termination was for Cause, the Executive’s termination shall be deemed to have been made by the Company without Cause for purposes of this Agreement.
Voluntary Resignation or Termination for Cause. If (A) the Employee voluntarily resigns from the Company (other than as an Involuntary Termination (as defined below)) or (B) the Company terminates the Employee's employment for Cause (as defined below), then the Employee shall not be entitled to receive any additional compensation. The Employee's benefits will be terminated under the Company's then existing benefit plans and policies in accordance with such plans and policies in effect on the date of termination or as otherwise determined by the Board of Directors of the Company.
Voluntary Resignation or Termination for Cause. If the Executive shall voluntarily terminate his employment for other than Good Reason or if the Company shall discharge the Executive for Cause, this Agreement shall terminate immediately and the Company shall have no further obligation to make any payment under this Agreement except that the Company shall pay the Executive accrued but unpaid salary, bonuses and benefits pursuant to Section 4 hereof through the Date of Termination.
Voluntary Resignation or Termination for Cause. If the Executive shall voluntarily terminate his employment for other than Good Reason, or if the Company shall terminate the employment of the Executive for Cause, the Employment Term shall terminate immediately and the Company shall have no further obligation to make any payment under this Agreement which has not already become payable, but has not yet been paid. Notwithstanding the foregoing, with respect to any stock options or other plans or programs in which the Executive is participating at the time of termination of his employment, the Executive's rights and benefits under each such plan shall be determined in accordance with the terms, conditions, and limitations of the plan and any separate agreement executed by the Executive which may then be in effect. For the purposes of this Agreement, the Company shall have "Cause" to terminate the Executive's employment hereunder upon (i) the continued failure by the Executive after notice to perform his duties with the Company (other than any such failure resulting from death or incapacity due to physical or mental illness), (ii) a conviction of, or a plea of "guilty" or "no contest" to, a felony or a crime involving dishonesty or a breach of trust, (iii) an act or omission that constitutes gross misconduct or moral turpitude, or (iv) a breach of any duty owed to the Company, including but not limited to the duties of loyalty and confidentiality that is injurious to the Company. Hortenstine Executive Employment Agreement 2
Voluntary Resignation or Termination for Cause. In the event the Employee's employment hereunder is terminated hereunder because of his voluntary resignation other than for Good Reason or because the Company has terminated the Employee for Cause, the Company shall pay the Employee and provide him with any and all Accrued Rights. In addition, any vested portion of the Time-Vested Options and Performance Options shall remain vested and exercisable for the full term thereof, while any unvested portion of Time-Vested Options and Performance Options shall be forfeited.
Voluntary Resignation or Termination for Cause. If Executive terminates his employment with the Company on his own initiative (other than for Good Reason), or is terminated by the Company for “Cause” as described in Section 7(b), or his employment terminates under Section 7(e), this Agreement and his employment shall terminate without any further payments by the Company, including, without limitation, severance and/or COBRA premiums, but not including any accrued but unpaid salary and any accrued but unused vacation (including without limitation any vacation that has previously been carried over pursuant to Section 5.2 of this Agreement), all of which shall be immediately paid in full, and all stock options and other stock rights heretofore or herein granted to Executive shall cease vesting as of the date of termination in accordance with the provisions of the applicable stock option or other agreement. Notwithstanding the foregoing, payment of any accrued but unused vacation shall be subject to the provisions of Sections 17 and 18, if applicable at the time of such termination.
Voluntary Resignation or Termination for Cause. If the Executive shall voluntarily terminate his employment other than for Good Reason, or if the Company shall discharge the Executive for Cause, this Agreement shall terminate immediately and the Company shall have no further obligation to make any payment under this Agreement which has not already become payable, but has not yet been paid; provided, however, that with respect to any stock options, performance shares, career equity shares, incentive plans, deferred compensation arrangements, or other plans or programs in which the Executive is participating at the time of termination of his employment, the Executive's rights and benefits under each such plan shall be determined in accordance with the terms, conditions, and limitations of the plan in question.
Voluntary Resignation or Termination for Cause. If Employee’s employment with XOMA terminates as a result of Employee’s voluntary resignation which is not an Involuntary Termination or if Employee is terminated for Cause at any time, then Employee shall not be entitled to receive severance benefits under this Agreement.
