By Employer for Cause. Employer may terminate Executive's employment under this Agreement for "Cause" (and Executive's employment will be deemed to have been terminated for "Cause") if, as of the date of termination, any of the following circumstances have occurred:
(i) Except as otherwise permitted by Section 2(b) hereof, Executive has refused to perform his duties as an employee of the Employer or failed to devote his entire business, time, energy, talent and best efforts to the performance of his duties under this Agreement in any material respect;
(ii) Executive has been convicted of, or entered a plea of nolo contendere to, a felony;
(iii) Executive has engaged in any fraudulent or dishonest conduct or acts in the course of his employment with Employer in connection with Employer, the Company or any of its Affiliates;
(iv) Executive breaches any of his obligations hereunder in any material respect;
(v) Executive has been grossly negligent in the performance of his duties under this Agreement;
(vi) Executive has engaged in the illegal use of drugs or suffers from drug dependence or habitual insobriety;
(vii) Employer materially breaches any financial covenant contained in any of its contractual obligations and such breach is not cured or waived prior to the expiration of any applicable grace or cure periods;
(viii) Employer shall fail to pay the principal of, or interest on, or to make any required payment (regardless of amount) in connection with any of its indebtedness when and as the same may become due and payable and such failure is not cured or waived prior to the expiration of any applicable grace or cure periods;
(ix) Any event or circumstance shall have occurred the effect of which would permit the holder or holders (or a trustee on its or their behalf) of any indebtedness of Employer to cause or require such indebtedness to become due or to be redeemed or repurchased prior to its stated maturity (or to cause or require an offer to be made to effect such redemption or repurchase) and such event or circumstance is not cured or waived prior to the expiration of any applicable grace or cure periods; or
(x) Employer and its subsidiaries, if any, taken together, shall have failed to meet at least ninety percent (90%) of their budget in any given fiscal year, as such budget was recommended by the Chief Executive Officer and approved by the Board of Directors. No termination of Executive pursuant to any of clauses (i), (iv), (v), or (vi) above will be effective unless and ...
By Employer for Cause. The Employee's employment may be terminated effective immediately by Employer for "cause" by notice of termination to the Employee. "Cause" for such termination shall be limited to convictions of a felony, malfeasance in office or a material breach by the Employee of the covenants contained in this Agreement (as determined by a majority vote of the Employers Board of Directors), which breach continues for 30 days following receipt of written notice given by Employer's Board of Directors specifying the breach and requesting that the Employee correct the same.
By Employer for Cause. Employer may terminate this Agreement and Employee's employment at any time with Cause. For purposes of this Agreement, termination shall be considered to be for "Cause" if based upon (i) Employee's conviction of a crime involving moral turpitude or embezzlement or conviction of a felony; (ii) Employee's willful activities in competition with Employer or in aid of its competitors; (iii) Employee's breach of this Agreement or the willful and continued failure to substantially perform Employee's duties with Employer under this Agreement (other than any other such failure resulting from Disability), after a written demand is delivered to Employee that specifically identifies the manner in which Employer believes Employee has breached this Agreement or willfully failed to substantially perform her duties, and after Employee has failed to cure such breach or resume substantial performance of her duties on a continuous basis within 14 days of receiving such demand; or (iv) Employee willfully engaging in conduct in breach of this Agreement or that is demonstrably and materially injurious to Employer, monetarily or otherwise. For purposes of clauses (ii), (iii) and (iv) above, no act, or failure to act, on the Employee's 2 part shall be deemed "willful" unless done, or omitted to be done, by the Employee in bad faith without reasonable belief that her action or omission was in the best interests of the Employer.
By Employer for Cause. At any time, and without prior notice, Employer may terminate Employee for Cause. Employer shall pay Employee all compensation then due and owing; thereafter, all of Employer's obligations under this Agreement shall cease. Termination shall be for "
By Employer for Cause. For purposes of this Agreement, the term "Cause" shall mean: (i) conduct on the part of Employee which is intended to result directly or indirectly in substantial gain or personal enrichment at the expense of Employer; (ii) the material breach by Employee of any of the provisions of this Agreement; or (iii) the failure by Employee to substantially perform his duties hereunder. Further, this Agreement and Employee's employment hereunder shall automatically terminate upon the death, disability or insanity of Employee or the bankruptcy of Employer or the discontinuance of Employer's Business.
By Employer for Cause. At any time, and without prior notice (except as otherwise provided in the definition of Cause set forth below), Employer may terminate the Period of Employment for Cause. Employer shall pay Executive all compensation then due and owing; thereafter, all of Employer’s obligations under this Agreement shall cease. Termination shall be for “Cause” if Executive (i) breaches his duty of loyalty to Employer or any of its Affiliates or engages in any acts of dishonesty or fraud with respect to Employer or any of its Affiliates or any of their respective business relations, (ii) commits a felony or any crime involving dishonesty, breach of trust, or physical or emotional harm to any person (or enters a plea of guilty or nolo contendere with respect thereto), (iii) breaches any material term of this Agreement or any other agreement between Executive and Employer or any of its Affiliates and such breach (if capable of cure) is not cured within fifteen (15) days following written notice thereof from Employer, (iv) reports to work under the influence of alcohol or illegal drugs, the use of illegal drugs (whether or not at the workplace) or other repeated conduct causing Employer or any of its Affiliates substantial public disgrace, disrepute or economic harm, (v) substantial and repeated failure to perform the duties as reasonably directed by the CEO or (vi) gross negligence or willful misconduct with respect to the Employer or any of its Affiliates.
By Employer for Cause. Employer may, at any time during the Employment Period, by notice to Executive, terminate the Employment Period for “Cause” (as defined below) effective immediately, except as otherwise provided below. The notice shall set forth in reasonable detail the basis for such termination. In the event that it is possible for the Executive to cure or correct the circumstances set forth in the notice, the termination shall not be effective until the date that is thirty (30) days following the date on which such notice is given and the circumstances set forth in the notice shall not constitute “Cause” if within 30 days of such notice, Executive cures or corrects such circumstances. The Employer shall have “Cause” to terminate the Executive’s employment hereunder upon the Executive’s:
(a) fraud, embezzlement, or any other illegal act committed intentionally by the Executive in connection with the Executive’s duties as an executive of the Employer or any subsidiary or affiliate of the Employer which causes or may reasonably be expected to cause substantial economic injury to the Employer or any subsidiary or affiliate of the Employer,
(b) conviction of any felony which causes or may reasonably be expected to cause substantial economic injury to the Employer or any subsidiary or affiliate of the Employer, or
(c) willful or grossly negligent commission of any other act or failure to act which causes or may reasonably be expected (as of the time of such occurrence) to cause substantial economic injury to or substantial injury to the reputation of the Employer or any subsidiary or affiliate of the Employer, including, without limitation, any material violation of the Foreign Corrupt Practices Act, as described herein below. An act or failure to act on the part of Executive shall be considered “willful” if done, or omitted to be done, by Executive in bad faith or without a reasonable belief that the act or omission was in the best interest of Employer.
By Employer for Cause. At any time during the Term, Employer may terminate Executive’s employment for “Cause,” which for purposes of this Agreement, shall mean Executive (i) engaged in gross misconduct or gross negligence in the performance of Executive’s duties or willfully and continuously failed or refused to perform any duties reasonably requested in the course of Executive’s employment consistent with Executive’s position with Employer; (ii) engaged in fraud, dishonesty, or any other improper conduct that causes material harm to Employer or its business or reputation; (iii) materially breached this Agreement; or (iv) was convicted of, or pled guilty or no contest to, a felony or crime involving dishonesty or moral turpitude (excluding traffic offenses).
By Employer for Cause. Employer may terminate the Employment Period in accordance with this Section 5.2 at any time for cause. For the purpose of this Section 5.2, "cause" shall mean any of the following:
By Employer for Cause. This Agreement may be terminated by the Employer at any time for Cause. For purposes of this Agreement, "Cause" shall mean, as determined by the Board in a nondiscriminatory manner:
