Common use of By Employer for Cause Clause in Contracts

By Employer for Cause. At any time, and without prior notice (except as otherwise provided in the definition of Cause set forth below), IH may terminate Executive for Cause and the Period of Employment shall be deemed to have ended as of the date Executive ceases to be employed by IH. IH shall pay Executive all compensation then due and owing; thereafter, all of IH’s obligations under this Agreement shall cease. IH shall have no further obligation to pay severance of any kind whether under this Agreement or otherwise nor to make any payment in lieu of notice. For purposes of this Agreement, “Cause” shall mean the occurrence or existence of any of the following with respect to Executive, as determined by a majority of the disinterested directors of the Board: (i) unsatisfactory performance of Executive’s duties or responsibilities as determined by the Board, provided that IH has given Executive written notice specifying the unsatisfactory performance of his duties and responsibilities; (ii) a material breach by Executive of any of his material obligations hereunder which remains uncured after the lapse of thirty (30) days following the date that IH has given Executive written notice thereof; (iii) a material breach by Executive of his duty not to engage in any transaction that represents, directly or indirectly, self-dealing with IH or any of its Affiliates which has not been approved by a majority of the disinterested directors of the Board or of the terms of his employment; (iv) any act of misappropriation, embezzlement, intentional fraud or similar conduct involving IH or any of its Affiliates; (v) the conviction or the plea of nolo contendere or the equivalent in respect of a felony involving moral turpitude; (vi) intentional infliction of any damage of a material nature to any property of IH or any of its Affiliates; or (vii) the repeated non-prescription abuse of any controlled substance or the repeated abuse of alcohol or any other non-controlled substance which, in any case described in this clause, the Board reasonably determines renders Executive unfit to serve in his capacity as an officer or employee of IH or its Affiliates.

By Employer for Cause. At any time, and without prior notice (except as otherwise provided in the definition of Cause set forth below), IH Employer may terminate Executive for Cause and the Period of Employment shall be deemed to have ended as of the date Executive ceases to be employed by IHCause. IH Employer shall pay Executive all compensation then due and owing; thereafter, all of IH’s Employer's obligations under this Agreement shall cease. IH Termination shall have no further obligation be for "Cause" if Executive: (i) is continuously inattentive to pay severance his lawful duties after at least one written notice has been provided to Executive and Executive has failed to cure the same within a 30-day period thereafter; (ii) reports to work under the influence of alcohol or illegal drugs, or uses illegal drugs (whether or not at the workplace) or engages in other conduct causing the Employer substantial public disgrace or disrepute or economic harm; (iii) breaches his duty of loyalty to Employer or engages in any kind whether under acts of dishonesty or fraud with respect to Employer or any of its business relations; (iv) is convicted of 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); (v) breaches any material term of this Agreement or otherwise nor to make any payment in lieu other agreement between Executive and Employer or any of noticeits Affiliates and such breach (if capable of cure) is not cured within thirty (30) days following written notice thereof from Employer or (vi) is terminated for substandard performance. For purposes of this Agreement, “Cause” "substandard performance" shall mean the occurrence or existence of any of the following with respect to Executive, as be determined by a majority of the disinterested directors Board as provided herein. The Board shall give Executive written notice of the Board: (i) unsatisfactory performance of 's concern over Executive’s duties or responsibilities as determined by the Board's performance, provided that IH has given and Executive written notice specifying the unsatisfactory performance of his duties and responsibilities; (ii) a material breach by Executive of any of his material obligations hereunder which remains uncured after the lapse of shall have thirty (30) days following to prepare for a meeting with the date that IH has given Board, at which time Executive written notice thereof; (iii) a material breach by Executive may present any information on market competitive conditions and any other factors bearing on his and Employer's performance. After consideration of his duty not to engage in any transaction that representsthese and such other factors as the Board may deem relevant, directly or indirectly, self-dealing with IH or any of its Affiliates which has not been approved by if a majority of the disinterested directors of the Board or of the terms of his employment; (iv) any act of misappropriation, embezzlement, intentional fraud or similar conduct involving IH or any of its Affiliates; (v) the conviction or the plea of nolo contendere or the equivalent determines in respect of good faith that Employer's future performance would be best served by a felony involving moral turpitude; (vi) intentional infliction of any damage of a material nature to any property of IH or any of its Affiliates; or (vii) the repeated non-prescription abuse of any controlled substance or the repeated abuse of alcohol or any other non-controlled substance which, change in any case described in this clausemanagement, the Board reasonably determines renders Executive unfit to serve in his capacity as an officer or employee may terminate Executive's employment for "substandard performance" following the expiration of IH or its Affiliatessuch 30-day period.

By Employer for Cause. At any time, and without prior notice (except as otherwise provided in the definition of Cause set forth below)notice, IH Employer may terminate Executive Employee for Cause and the Period of Employment cause. If employee is terminated for cause he shall not be deemed entitled to have ended as of the date Executive ceases to be employed by IHany severance pay. IH Employer shall pay Executive Employee all compensation then due and owing, including but not limited to accrued sick leave in accordance with SAWPA policy; thereafter, all of IHEmployer’s obligations under this Agreement shall cease. IH Termination shall have no further obligation to pay severance of any kind whether under this Agreement or otherwise nor to make any payment in lieu of notice. For purposes of this Agreement, “Cause” shall mean the occurrence or existence of any of the following with respect to Executive, as determined by a majority of the disinterested directors of the Boardbe for cause if based on: (i) unsatisfactory performance willful and intentional misappropriation or theft of Executive’s duties Authority funds or responsibilities as determined by the Board, provided that IH has given Executive written notice specifying the unsatisfactory performance of his duties and responsibilitiesproperty; (ii) a material breach by Executive possession, use or sale of any illegal drugs on Authority property or reporting for duty under the influence of his material obligations hereunder alcohol or illegal drugs (including, but not limited to marijuana which remains uncured after the lapse of thirty (30) days following the date that IH has given Executive written notice thereofillegal under federal law); (iii) pleading guilty or being convicted of a material felony or conviction of a crime involving dishonesty, breach by Executive of his duty not trust, or physical or emotional harm to engage in any transaction that represents, directly person; (a plea or indirectly, self-dealing with IH verdict of guilty or any finding of its Affiliates which has not been approved guilt by a majority court in a trial without a jury is deemed to be a conviction within the meaning of this clause irrespective of a subsequent order under provisions of Section 1203.4 of the disinterested directors Penal Code allowing withdrawal of a plea of guilty and entering a plea of not guilty, or setting aside the Board verdict of guilty, or of dismissing the terms of his employmentaccusations or information); (iv) any act willful or malicious violation of misappropriation, embezzlement, intentional fraud or similar conduct involving IH or any of its Affiliatesthe Authority's Policies and Procedures; (v) the conviction willful or the plea malicious breach of nolo contendere or the equivalent in respect of a felony involving moral turpituderecognized professional standards; (vi) intentional infliction breach of any damage material term of a this Agreement; (vii) willful or persistent material nature to any property breach of IH duties; (viii) engaging in unlawful discrimination or harassment of employees or any of its Affiliatesthird party while on SAWPA premises or time; or (viiix) the repeated non-prescription abuse of any controlled substance or the repeated abuse of alcohol or any other non-controlled substance which, in any case described in this clause, the Board reasonably determines renders Executive unfit to serve in his capacity as an officer or employee of IH or its Affiliatesunauthorized absence for more than three days.

By Employer for Cause. At any time, and without prior notice (except as otherwise provided in the definition of Cause set forth below), IH Employer may terminate Executive for Cause and the Period of Employment shall be deemed to have ended as of the date Executive ceases to be employed by IHCause. IH Employer shall pay Executive all compensation then due and owing; thereafter, all of IHEmployer’s obligations under this Agreement shall cease. IH Termination shall have no further obligation be for “Cause” if Executive: (i) is inattentive to pay severance his lawful duties after at least one written notice has been provided to Executive and Executive has failed to cure the same within a 30-day period thereafter; (ii) reports to work under the influence of alcohol or illegal drugs, or uses illegal drugs (whether or not at the workplace); (iii) engages in conduct causing the Employer public disgrace or disrepute or economic harm; (iv) breaches his duty of loyalty to Employer or engages in any kind whether acts of dishonesty or fraud with respect to Employer or any of its business relations; (v) is convicted of 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); (vi) breaches any material term of this Agreement, any ancillary agreement or any other agreement between Executive and Employer or any of their Affiliates and such breach (if capable of cure) is not cured within thirty (30) days following written notice thereof from Employer, except that Executive acknowledges that a breach of his obligations under Section 2(b) of this Agreement cannot be cured; (vii) is insubordinate; (viii) engages in improper conduct towards any employee or otherwise nor to make any payment in lieu agent of noticeEmployer or Employer's Affiliates; or (ix) is terminated for substandard performance. For purposes of this Agreement, “Causesubstandard performance” shall mean the occurrence be defined as willful refusal to perform or existence substantial disregard of any of the following with respect to Executive, as determined duties properly assigned by a majority of the disinterested directors Employer or their Affiliates. The Board shall give Executive written notice of the Board: (i) unsatisfactory performance of ’s concern over Executive’s duties or responsibilities as determined by the Boardperformance, provided that IH has given and Executive written notice specifying the unsatisfactory performance of his duties and responsibilities; (ii) a material breach by Executive of any of his material obligations hereunder which remains uncured after the lapse of shall have thirty (30) days following to prepare for a meeting with the date that IH has given Board, at which time Executive written notice thereof; (iii) a material breach by Executive may present any information on market competitive conditions and any other factors bearing on his and Employer’s performance. After consideration of his duty not to engage in any transaction that representsthese and such other factors as the Board may deem relevant, directly or indirectly, self-dealing with IH or any of its Affiliates which has not been approved by if a majority of the disinterested directors of the Board or of the terms of his employment; (iv) any act of misappropriation, embezzlement, intentional fraud or similar conduct involving IH or any of its Affiliates; (v) the conviction or the plea of nolo contendere or the equivalent determines in respect of good faith that Employer’s future performance would be best served by a felony involving moral turpitude; (vi) intentional infliction of any damage of a material nature to any property of IH or any of its Affiliates; or (vii) the repeated non-prescription abuse of any controlled substance or the repeated abuse of alcohol or any other non-controlled substance which, change in any case described in this clausemanagement, the Board reasonably determines renders Executive unfit to serve in his capacity as an officer or employee may terminate Executive’s employment for “substandard performance” following the expiration of IH or its Affiliatessuch 30-day period.

By Employer for Cause. At any time, and without prior notice (except as otherwise provided in the definition of Cause set forth below), IH Employer may terminate Executive for Cause and the Period of Employment shall be deemed to have ended as of the date Executive ceases to be employed by IHCause. IH Employer shall pay Executive all compensation then due and owing; thereafter, all of IH’s Employer's obligations under this Agreement shall cease. IH Termination shall have no further obligation be for "Cause" if Executive: (i) is continuously inattentive to pay severance her lawful duties after at least one written notice has been provided to Executive and Executive has failed to cure the same within a 30-day period thereafter; (ii) reports to work under the influence of alcohol or illegal drugs, or uses illegal drugs (whether or not at the workplace) or engages in other conduct causing the Employer substantial public disgrace or disrepute or economic harm; (iii) breaches her duty of loyalty to Employer or engages in any kind whether under acts of dishonesty or fraud with respect to Employer or any of its business relations; (iv) is convicted of 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); (v) breaches any material term of this Agreement or otherwise nor to make any payment in lieu other agreement between Executive and Employer or any of noticeits Affiliates and such breach (if capable of cure) is not cured within thirty (30) days following written notice thereof from Employer or (vi) is terminated for substandard performance. For purposes of this Agreement, “Cause” "substandard performance" shall mean the occurrence or existence of any of the following with respect to Executive, as be determined by a majority of the disinterested directors Board as provided herein. The Board shall give Executive written notice of the Board: (i) unsatisfactory performance of 's concern over Executive’s duties or responsibilities as determined by the Board's performance, provided that IH has given and Executive written notice specifying the unsatisfactory performance of his duties and responsibilities; (ii) a material breach by Executive of any of his material obligations hereunder which remains uncured after the lapse of shall have thirty (30) days following to prepare for a meeting with the date that IH has given Board, at which time Executive written notice thereof; (iii) a material breach by Executive may present any information on market competitive conditions and any other factors bearing on her and Employer's performance. After consideration of his duty not to engage in any transaction that representsthese and such other factors as the Board may deem relevant, directly or indirectly, self-dealing with IH or any of its Affiliates which has not been approved by if a majority of the disinterested directors of the Board or of the terms of his employment; (iv) any act of misappropriation, embezzlement, intentional fraud or similar conduct involving IH or any of its Affiliates; (v) the conviction or the plea of nolo contendere or the equivalent determines in respect of good faith that Employer's future performance would be best served by a felony involving moral turpitude; (vi) intentional infliction of any damage of a material nature to any property of IH or any of its Affiliates; or (vii) the repeated non-prescription abuse of any controlled substance or the repeated abuse of alcohol or any other non-controlled substance which, change in any case described in this clausemanagement, the Board reasonably determines renders Executive unfit to serve in his capacity as an officer or employee may terminate Executive's employment for "substandard performance" following the expiration of IH or its Affiliatessuch 30-day period.

By Employer for Cause. At any time, and without prior notice (except as otherwise provided in the definition of Cause set forth below), IH Employer may terminate Executive for Cause and the Period of Employment shall be deemed to have ended as of the date Executive ceases to be employed by IHCause. IH Employer shall pay Executive all compensation then due and owing; thereafter, all of IHEmployer’s obligations under this Agreement shall cease. IH Termination shall have no further obligation be for “Cause” if Executive: (i) is inattentive to pay severance his lawful duties after at least one written notice has been provided to Executive and Executive has failed to cure the same within a 30-day period thereafter; (ii) reports to work under the influence of alcohol or illegal drugs, or uses illegal drugs (whether or not at the workplace); (iii) engages in conduct causing the Employer public disgrace or disrepute or economic harm; (iv) breaches his duty of loyalty to Employer or engages in any kind whether acts of dishonesty or fraud with respect to Employer or any of its business relations; (v) is convicted of 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); (vi) breaches any material term of this Agreement, any ancillary agreement or any other agreement between Executive and Employer or any of Employer's Affiliates and such breach (if capable of cure) is not cured within thirty (30) days following written notice thereof from Employer, except that Executive acknowledges that a breach of his obligations under Section 2(b) of this Agreement cannot be cured; (vii) is insubordinate; (viii) engages in improper conduct towards any employee or otherwise nor to make any payment in lieu agent of noticeEmployer or Employer's Affiliates; or (ix) is terminated for substandard performance. For purposes of this Agreement, “Causesubstandard performance” shall mean the occurrence be defined as willful refusal to perform or existence substantial disregard of any of the following with respect to Executive, as determined duties properly assigned by a majority of the disinterested directors Employer or their Affiliates. The Board shall give Executive written notice of the Board: (i) unsatisfactory performance of ’s concern over Executive’s duties or responsibilities as determined by the Boardperformance, provided that IH has given and Executive written notice specifying the unsatisfactory performance of his duties and responsibilities; (ii) a material breach by Executive of any of his material obligations hereunder which remains uncured after the lapse of shall have thirty (30) days following to prepare for a meeting with the date that IH has given Board, at which time Executive written notice thereof; (iii) a material breach by Executive may present any information on market competitive conditions and any other factors bearing on his and Employer’s performance. After consideration of his duty not to engage in any transaction that representsthese and such other factors as the Board may deem relevant, directly or indirectly, self-dealing with IH or any of its Affiliates which has not been approved by if a majority of the disinterested directors of the Board or of the terms of his employment; (iv) any act of misappropriation, embezzlement, intentional fraud or similar conduct involving IH or any of its Affiliates; (v) the conviction or the plea of nolo contendere or the equivalent determines in respect of good faith that Employer’s future performance would be best served by a felony involving moral turpitude; (vi) intentional infliction of any damage of a material nature to any property of IH or any of its Affiliates; or (vii) the repeated non-prescription abuse of any controlled substance or the repeated abuse of alcohol or any other non-controlled substance which, change in any case described in this clausemanagement, the Board reasonably determines renders Executive unfit to serve in his capacity as an officer or employee may terminate Executive’s employment for “substandard performance” following the expiration of IH or its Affiliatessuch 30-day period.

By Employer for Cause. At any time, and without prior notice (except as otherwise provided in the definition of Cause set forth below), IH Employer may terminate Executive for Cause and the Period of Employment shall be deemed to have ended as of the date Executive ceases to be employed by IHCause. IH Employer shall pay Executive all compensation then due and owing; thereafter, all of IHEmployer’s obligations under this Agreement shall cease. IH Termination shall have no further obligation be for “Cause” if Executive: (i) is continuously inattentive to pay severance his lawful duties after at least one written notice has been provided to Executive and Executive has failed to cure the same within a 30-day period thereafter; (ii) reports to work under the influence of alcohol or illegal drugs, or uses illegal drugs (whether or not at the workplace) or engages in other conduct causing the Employer substantial public disgrace or disrepute or economic harm; (iii) breaches his duty of loyalty to Employer or engages in any kind whether under acts of dishonesty or fraud with respect to Employer or any of its business relations; (iv) is convicted of 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); (v) breaches any material term of this Agreement, any Ancillary Agreement or otherwise nor to make any payment in lieu other agreement between Executive and Employer or any of noticeits Affiliates and such breach (if capable of cure) is not cured within thirty (30) days following written notice thereof from Employer or (vi) is terminated for substandard performance. For purposes of this Agreement, “Causesubstandard performance” shall mean the occurrence or existence of any of the following with respect to Executive, as be determined by a majority of the disinterested directors Board as provided herein. The Board shall give Executive written notice of the Board: (i) unsatisfactory performance of ’s concern over Executive’s duties or responsibilities as determined by the Boardperformance, provided that IH has given and Executive written notice specifying the unsatisfactory performance of his duties and responsibilities; (ii) a material breach by Executive of any of his material obligations hereunder which remains uncured after the lapse of shall have thirty (30) days following to prepare for a meeting with the date that IH has given Board, at which time Executive written notice thereof; (iii) a material breach by Executive may present any information on market competitive conditions and any other factors bearing on his and Employer’s performance. After consideration of his duty not to engage in any transaction that representsthese and such other factors as the Board may deem relevant, directly or indirectly, self-dealing with IH or any of its Affiliates which has not been approved by if a majority of the disinterested directors of the Board or of the terms of his employment; (iv) any act of misappropriation, embezzlement, intentional fraud or similar conduct involving IH or any of its Affiliates; (v) the conviction or the plea of nolo contendere or the equivalent determines in respect of good faith that Employer’s future performance would be best served by a felony involving moral turpitude; (vi) intentional infliction of any damage of a material nature to any property of IH or any of its Affiliates; or (vii) the repeated non-prescription abuse of any controlled substance or the repeated abuse of alcohol or any other non-controlled substance which, change in any case described in this clausemanagement, the Board reasonably determines renders Executive unfit to serve in his capacity as an officer or employee may terminate Executive’s employment for “substandard performance” following the expiration of IH or its Affiliatessuch 30-day period.

By Employer for Cause. At any time, and without prior notice (except as otherwise provided in the definition of Cause set forth below), IH Employer may terminate Executive for Cause and the Period of Employment shall be deemed to have ended as of the date Executive ceases to be employed by IHCause. IH Employer shall pay Executive all compensation then due and owing; thereafter, all of IHEmployer’s obligations under this Agreement shall cease. IH Termination shall have no further obligation be for “Cause” if Executive: (i) is continuously inattentive to pay severance his lawful duties after at least one written notice has been provided to Executive and Executive has failed to cure the same within a 30-day period thereafter; (ii) reports to work under the influence of alcohol or illegal drugs, or uses illegal drugs (whether or not at the workplace) or engages in other conduct causing the Employer substantial public disgrace or disrepute or economic harm; (iii) breaches his duty of loyalty to Employer or engages in any kind whether under acts of dishonesty or fraud with respect to Employer or any of its business relations; (iv) is convicted of 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); (v) breaches any material term of this Agreement, any Ancillary Agreement or otherwise nor to make any payment in lieu other agreement between Executive and Employer or any of noticeits Affiliates and such breach (if capable of cure) is not cured within thirty (30) days following written notice thereof from Employer or (vi) is terminated for substandard performance. For purposes of this Agreement, “Causesubstandard performance” shall mean the occurrence be defined as willful refusal to perform or existence substantial disregard of any of the following with respect to Executive, as determined duties properly assigned by a majority of the disinterested directors Employer or its Affiliates. The Board shall give Executive written notice of the Board: (i) unsatisfactory performance of ’s concern over Executive’s duties or responsibilities as determined by the Boardperformance, provided that IH has given and Executive written notice specifying the unsatisfactory performance of his duties and responsibilities; (ii) a material breach by Executive of any of his material obligations hereunder which remains uncured after the lapse of shall have thirty (30) days following to prepare for a meeting with the date that IH has given Board, at which time Executive written notice thereof; (iii) a material breach by Executive may present any information on market competitive conditions and any other factors bearing on his and Employer’s performance. After consideration of his duty not to engage in any transaction that representsthese and such other factors as the Board may deem relevant, directly or indirectly, self-dealing with IH or any of its Affiliates which has not been approved by if a majority of the disinterested directors of the Board or of the terms of his employment; (iv) any act of misappropriation, embezzlement, intentional fraud or similar conduct involving IH or any of its Affiliates; (v) the conviction or the plea of nolo contendere or the equivalent determines in respect of good faith that Employer’s future performance would be best served by a felony involving moral turpitude; (vi) intentional infliction of any damage of a material nature to any property of IH or any of its Affiliates; or (vii) the repeated non-prescription abuse of any controlled substance or the repeated abuse of alcohol or any other non-controlled substance which, change in any case described in this clausemanagement, the Board reasonably determines renders Executive unfit to serve in his capacity as an officer or employee may terminate Executive’s employment for “substandard performance” following the expiration of IH or its Affiliatessuch 30-day period.