Common use of Voluntary Resignation or Termination for Cause Clause in Contracts

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. 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 Cargill Executive Employment Agreement 2

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 Grant Executive Employment Agreement 2

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. 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 Jones Executive Employment Agreement 2