Common use of Voluntary Termination and Termination for Cause Clause in Contracts

Voluntary Termination and Termination for Cause. The Employee's employment may be voluntarily terminated by him at any time by giving sixty (60) days written notice thereof to the Company (or such shorter period of time as may be agreed upon by the Company). Additionally, the Employee's employment may be terminated at any time for cause (as hereinafter defined), effective immediately upon the giving of written notice to the Employee. If at any time during the term of this Agreement: (a) the Employee shall have voluntarily terminated her employment with the Company; or (b) the Company shall have terminated the employment of the Employee for cause (as hereinafter defined), the Employee shall be entitled to receive only her Base Salary (as may have been adjusted from time to time during the term of this Agreement and in accordance with the terms hereof) up to the date of termination plus any accrued but unused vacation pay. The Employee shall also be entitled to any benefits mandated under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) or required under the terms of any life insurance or retirement plan, program, or agreement provided by the Company and to which the Employee is a party or in which the Employee is a participant, including, but not limited to, any short-term or long-term disability plan or program, if applicable. For purposes of this Agreement, the Employee shall be deemed terminated "for cause" if the Company terminates the Employee after the Employee: (a) shall have been formally indicted (or the equivalent thereof) for any felony including, but not limited to, a felony involving fraud, theft, misappropriation, dishonesty, or embezzlement; (b) shall have committed intentional acts of gross misconduct that materially impair the goodwill or business of the Company or cause material damage to its property, goodwill, or business; or (c) shall have refused to, or willfully failed to, perform her material duties, provided, however, that no termination under this subparagraph (c) shall be effective unless the Employee does not cure such refusal or failure to the Company's satisfaction as soon as practicable after the Company gives the Employee written notice identifying such refusal or failure (and, in any event, within thirty (30) calendar days after receipt of such written notice). No act or failure to act on the part of the Employee shall be considered "willful" unless it is done, or omitted to be done, by the Employee in bad faith or without reasonable belief that her action or omission was in the best interests of the Company.

Voluntary Termination and Termination for Cause. The Employee's employment termination may be voluntarily terminated by him at any time by giving sixty ninety (6090) days day written notice thereof to the Company (or such shorter period of time as may be agreed upon by the Company). Additionally, the Employee's employment may be terminated at any time for cause (as hereinafter defined), effective immediately upon the giving of written notice to the Employee. If at any time during the term of this Agreement: (a) the Employee shall have voluntarily terminated her his employment with the Company; Company or (b) the Company shall have terminated the employment of the Employee for cause (as hereinafter defined), the Employee shall be entitled to receive only her his Base Salary (as may have been adjusted from time to time during the term of this Agreement and in accordance with the terms hereof) up to the date of termination plus any accrued but unused vacation pay. The Employee shall also be entitled to any benefits mandated mandate under the Consolidated Omnibus Onmibus Budget Reconciliation Act of 1985 (COBRA) or required under the terms of any life insurance death, insurance, or retirement plan, program, or agreement provided by the Company and to which the Employee is a party or in which the Employee is a participant, including, but not limited to, any short-term or long-term disability plan or program, if applicable. For purposes of this Agreement, the Employee shall be deemed terminated "for cause" if the Company terminates the Employee after the Employee: (a) shall have been formally indicted (or the equivalent thereof) for any felony including, but not limited to, a felony involving fraud, theft, misappropriation, dishonesty, or embezzlement; (b) shall have committed intentional acts of gross misconduct that materially impair the goodwill or business of the Company or cause material damage to its property, goodwill, or business; or (c) shall have refused to, or willfully failed to, perform her his material duties, provided, however, that no termination under this subparagraph (c) shall be effective unless the Employee does not cure such refusal or failure to the Company's satisfaction as soon as practicable after the Company gives the Employee written notice identifying such refusal or failure (and, in any event, within thirty (30) calendar days after receipt of such written notice). No act or failure to act on the part of the Employee shall be considered "willful" unless it is done, or omitted to be done, by the Employee in bad faith or without reasonable belief that her his action or omission was in the best interests of the Company.

Voluntary Termination and Termination for Cause. The Employee's employment may be voluntarily terminated by him at any time by giving sixty (60) days written notice thereof to the Company (or such shorter period of time as may be agreed upon by the Company). Additionally, the Employee's employment may be terminated at any time for cause (as hereinafter defined), effective immediately upon the giving of written notice to the Employee. If at any time during the term of this Agreement: (a) the Employee shall have voluntarily terminated her his employment with the Company; or (b) the Company shall have terminated the employment of the Employee for cause (as hereinafter defined), the Employee shall be entitled to receive only her his Base Salary (as may have been adjusted from time to time during the term of this Agreement and in accordance with the terms hereof) up to the date of termination plus any accrued but unused vacation pay. The Employee shall also be entitled to any benefits mandated under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) or required under the terms of any life insurance or retirement plan, program, or agreement provided by the Company and to which the Employee is a party or in which the Employee is a participant, including, but not limited to, any short-term or long-long- term disability plan or program, if applicable. For purposes of this Agreement, the Employee shall be deemed terminated "for cause" if the Company terminates the Employee after the Employee: (a) shall have been formally indicted (or the equivalent thereof) for any felony including, but not limited to, a felony involving fraud, theft, misappropriation, dishonesty, or embezzlement; (b) shall have committed intentional acts of gross misconduct that materially impair the goodwill or business of the Company or cause material damage to its property, goodwill, or business; or (c) shall have refused to, or willfully failed to, perform her his material duties, provided, however, that no termination under this subparagraph (c) shall be effective unless the Employee does not cure such refusal or failure to the Company's satisfaction as soon as practicable after the Company gives the Employee written notice identifying such refusal or failure (and, in any event, within thirty (30) calendar days after receipt of such written notice). No act or failure to act on the part of the Employee shall be considered "willful" unless it is done, or omitted to be done, by the Employee in bad faith or without reasonable belief that her his action or omission was in the best interests of the Company.

Voluntary Termination and Termination for Cause. The Employee's employment may be voluntarily terminated by him at any time by giving sixty (60) days written notice thereof to the Company (or such shorter period of time as may be agreed upon by the Company). Additionally, the Employee's employment may be terminated at any time for cause (as hereinafter defined), effective immediately upon the giving of written notice to the Employee. If at any time during the term of this Agreement: (a) the Employee shall have voluntarily terminated her his employment with the Company; or (b) the Company shall have terminated the employment of the Employee for cause (as hereinafter defined), the Employee shall be entitled to receive only her his Base Salary (as may have been adjusted from time to time during the term of this Agreement and in accordance with the terms hereof) up to the date of termination plus any accrued but unused vacation pay. The Employee shall also be entitled to any benefits mandated under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) or required under the terms of any life insurance or retirement plan, program, or agreement provided by the Company and to which the Employee is a party or in which the Employee is a participant, including, but not limited to, any short-term or long-term disability plan or program, if applicable. For purposes of this Agreement, the Employee shall be deemed terminated "for cause" if the Company terminates the Employee after the Employee: (a) shall have been formally indicted (or the equivalent thereof) for any felony including, but not limited to, a felony involving fraud, theft, misappropriation, dishonesty, or embezzlement; (b) shall have committed intentional acts of gross misconduct that materially impair the goodwill or business of the Company or Affiliates or cause material damage to its any property, goodwill, or business; or (c) shall have refused to, or willfully failed to, perform her his material duties, provided, however, that no termination under this subparagraph (c) shall be effective unless the Employee does not cure such refusal or failure to the Company's satisfaction as soon as practicable after the Company gives the Employee written notice identifying such refusal or failure (and, in any event, within thirty (30) calendar days after receipt of such written notice). No act or failure to act on the part of the Employee shall be considered "willful" unless it is done, or omitted to be done, by the Employee in bad faith or without reasonable belief that her his action or omission was in the best interests of the Company.