With Cause or Without Cause Clause Samples

With Cause or Without Cause. Except as otherwise provided by Sections 6(a) and 6(b) of this Agreement, the Company may terminate the Executive's employment only in the event one or more of the following events should occur and the Executive shall not have cured any defect in his performance or conduct (if curable) within 3o days after written notice thereof has been given by the Company to the Executive coupled with a disclosure that the Company intends to terminate the Executive's employment under this Section 6(c), effective as of the date such notice is given or such later date as may be indicated in such notice, and specifying the factual basis for the Company's decision to invoke the remedy of termination: (1) A failure by the Executive to perform material duties assigned to him as an employee of the Company (other than due to physical or mental disability or impairment or after the delivery of a Notice of Termination for Constructive Termination by the Executive pursuant to Section 6(d) of this Agreement); (2) Engaging in misconduct that injures the Company or any subsidiary or any affiliate of the Company in a material fashion; (3) The Executive's conviction for a felony offense; (4) (4) A material breach by the Executive of any written covenant or agreement not to compete with the Company or any subsidiary or any affiliate; or (5) A breach of the Executive's fiduciary duty to the Company. Any termination of the Executive's employment for any of the reasons listed in this Section 6(c) shall constitute a termination "With Cause" for purposes of this Agreement and any termination of the Executive's employment for any reason other than those listed in this Section 6(c) or as provided by Sections 6(a) or 6(b) hereof, whether for the convenience of the Company or otherwise, shall constitute a termination "Without Cause" for purposes of this Agreement.