Common use of By Employer for Cause Clause in Contracts

By Employer for Cause. Employer may, at any time during the Employment Period, by notice to Executive, terminate the Employment Period for “Cause.” As used herein, “Cause” shall mean (i) incompetence, fraud, personal dishonesty, or acts of gross negligence or gross misconduct on the part of Executive in the course of his employment, (ii) an intentional breach of this Agreement by Executive that is injurious to Employer, (iii) substantial and continued failure by Executive to perform his duties hereunder, (iv) willful failure by Executive to follow the lawful directions of the Board, (v) use of alcohol by Executive or his illegal use of drugs (including narcotics) which in either case is, or could reasonably expected to become, materially injurious to the reputation or business of Employer or which impairs, or could reasonably be expected to impair, the performance of Executive’s duties hereunder, (vi) Executive’s conviction by a court of competent jurisdiction of, or pleading “guilty” or “no contest” to, (x) a felony, or (y) any other criminal charge (other than minor traffic violations) which has or could reasonably be expected to have a material adverse impact on Employer’s reputation and standing in the community, or (vii) Executive’s violation of any of the provisions of Section 7 or 8 herein. Any notice given by Employer pursuant to Section 5.3(ii), (iii), or (iv), above, shall specify in writing in reasonable detail the nature of Executive’s action or inaction that is the cause for giving such notice. Executive will have 30 days to cure, to the reasonable satisfaction of Employer, any action or inaction charged by Employer for Cause under (ii), (iii), or (iv), above. In the event of a termination of the Employment Period for Cause under (i), (v), (vi), or (vii), above, the Employment Period shall terminate immediately upon notice by Employer of termination for Cause. In all other cases of a termination of the Employment Period for Cause, the Employment Period shall terminate 30 days after such notice of termination for Cause, unless Executive has satisfactorily cured such actions or inactions.

By Employer for Cause. Employer may, at any time during the Employment Period, by notice to Executive, terminate the Employment Period for “"Cause.” " As used herein, “"Cause” " shall mean (i) incompetence, fraud, personal dishonesty, or acts of gross negligence or gross misconduct on the part of Executive in the course of his employment, (ii) an intentional breach of this Agreement by Executive that is injurious to Employer, (iii) substantial and continued failure by Executive to perform his duties hereunder, (iv) willful failure by Executive to follow the lawful directions of the CEO or the Board, (v) use of alcohol by Executive or his illegal use of drugs (including narcotics) which in either case is, or could reasonably expected to become, materially injurious to the reputation or business of Employer or which impairs, or could reasonably be expected to impair, the performance of Executive’s 's duties hereunder, (vi) Executive’s 's conviction by a court of competent jurisdiction of, or pleading “"guilty” " or “"no contest” " to, (x) a felony, or (y) any other criminal charge (other than minor traffic violations) which has or could reasonably be expected to have a material adverse impact on Employer’s 's reputation and standing in the community, or (vii) Executive’s 's violation of any of the provisions of Section 7 or 8 herein. Any notice given by Employer pursuant to Section 5.3(ii), (iii), or (iv), above, shall specify in writing in reasonable detail the nature of Executive’s 's action or inaction that is the cause for giving such notice. Executive will have 30 days to cure, to the reasonable satisfaction of Employer, any action or inaction charged by Employer for Cause under (ii), (iii), or (iv), above. In the event of a termination of the Employment Period for Cause under (i), (v), (vi), or (vii), above, the Employment Period shall terminate immediately upon notice by Employer of termination for Cause. In all other cases of a termination of the Employment Period for Cause, the Employment Period shall terminate 30 days after such notice of termination for Cause, unless Executive has satisfactorily cured such actions or inactions.

By Employer for Cause. Employer may, at any time during the Employment Period, by notice to ExecutiveEmployee, terminate the Employment Period for “"Cause.” " As used herein, “"Cause” " shall mean (i) incompetence, fraud, personal dishonesty, defalcation, or acts of gross negligence or gross misconduct on the part of Executive Employee in the course of his her employment, (ii) an intentional breach of this Agreement by Executive Employee that is injurious to Employer, (iii) substantial and continued failure by Executive Employee to perform his her duties hereunder, (iv) willful failure by Executive Employee to follow the lawful directions of Gary Granoff or the Board, (v) use of alcohol by Executive Employee or his illegal use of her xxxxxxx xxx xf drugs (including narcotics) which in either case is, or could reasonably expected to become, materially injurious to the reputation or business of Employer or which impairs, or could reasonably be expected to impair, the performance of Executive’s Employee's duties hereunder, (vi) Executive’s Employee's conviction by a court of competent jurisdiction of, or pleading “"guilty” " or “"no contest” " to, (x) a felony, or (y) any other criminal charge (other than minor traffic violations) which has or could reasonably be expected to have a material adverse impact on Employer’s 's reputation and standing in the community, or (vii) Executive’s Employee's violation of any of the provisions of Section 7 or 8 herein. Any notice given by Employer pursuant to Section 5.3(ii5.2(ii), (iii), or (iv), above, shall specify in writing in reasonable detail the nature of Executive’s Employee's action or inaction that is the cause for giving such notice. Executive Employee will have 30 days to cure, to the reasonable satisfaction of Employer, any action or inaction charged by Employer for Cause under (ii), (iii), or (iv), above. In the event of a termination of the Employment Period for Cause under (i), (v), (vi), or (vii), above, the Employment Period shall terminate immediately upon notice by Employer of termination for Cause. In all other cases of a termination of the Employment Period for Cause, the Employment Period shall terminate 30 days after such notice of termination for Cause, unless Executive Employee has satisfactorily cured such actions or inactions.

By Employer for Cause. Employer may, at any time during the Employment Period, by notice to Executive, terminate the Employment Period for “"Cause.” " As used herein, “"Cause” " shall mean (i) incompetence, fraud, personal dishonesty, defalcation, or acts of gross negligence or gross misconduct on the part of Executive in the course of his her employment, (ii) an intentional breach of this Agreement by Executive that is injurious to Employer, (iii) substantial and continued failure by Executive to perform his her duties hereunder, (iv) willful failure by Executive to follow the lawful directions of Gary Granoff or the Board, (v) use of alcohol by Executive or his illegal use of her xxxxxxx xxx xf drugs (including narcotics) which in either case is, or could reasonably expected to become, materially injurious to the reputation or business of Employer or which impairs, or could reasonably be expected to impair, the performance of Executive’s 's duties hereunder, (vi) Executive’s 's conviction by a court of competent jurisdiction of, or pleading “"guilty” " or “"no contest” " to, (x) a felony, or (y) any other criminal charge (other than minor traffic violations) which has or could reasonably be expected to have a material adverse impact on Employer’s 's reputation and standing in the community, or (vii) Executive’s 's violation of any of the provisions of Section 7 or 8 herein. Any notice given by Employer pursuant to Section 5.3(ii5.2(ii), (iii), or (iv), above, shall specify in writing in reasonable detail the nature of Executive’s 's action or inaction that is the cause for giving such notice. Executive will have 30 days to cure, to the reasonable satisfaction of Employer, any action or inaction charged by Employer for Cause under (ii), (iii), or (iv), above. In the event of a termination of the Employment Period for Cause under (i), (v), (vi), or (vii), above, the Employment Period shall terminate immediately upon notice by Employer of termination for Cause. In all other cases of a termination of the Employment Period for Cause, the Employment Period shall terminate 30 days after such notice of termination for Cause, unless Executive has satisfactorily cured such actions or inactions.

By Employer for Cause. Employer may, at At any time during the Employment Periodand, by notice except as to Executive, terminate the Employment Period for “Cause.” As used herein, “Cause” shall mean clause (i) incompetence, fraud, personal dishonesty, or acts of gross negligence or gross misconduct on the part of Executive in the course of his employment, (ii) an intentional breach of this Agreement by Executive that is injurious to Employer, (iii) substantial and continued failure by Executive to perform his duties hereunder, (iv) willful failure by Executive to follow the lawful directions of the Board, (v) use of alcohol by Executive or his illegal use of drugs (including narcotics) which in either case is, or could reasonably expected to become, materially injurious to the reputation or business of Employer or which impairs, or could reasonably be expected to impair, the performance of Executive’s duties hereunder, (vi) Executive’s conviction by a court of competent jurisdiction of, or pleading “guilty” or “no contest” to, (x) a felony, or (y) any other criminal charge (other than minor traffic violations) which has or could reasonably be expected to have a material adverse impact on Employer’s reputation and standing in the community, or (vii) Executive’s violation of any of the provisions of Section 7 or 8 herein. Any notice given by Employer pursuant to Section 5.3(ii4(d), (iii)without prior notice, or (iv), above, shall specify in writing in reasonable detail Progenitor may terminate the nature Period of Executive’s action or inaction that is the cause for giving such notice. Executive will have 30 days to cure, to the reasonable satisfaction of Employer, any action or inaction charged by Employer Employment for Cause under (iias defined below), (iii), or (iv), above. In the event of a termination of the Employment Period for Cause under (i), (v), (vi), or (vii), above, the Employment Period shall terminate immediately upon notice by Employer of termination for Cause. In all other cases of a termination of the Employment Period for Cause, the Employment Period shall terminate 30 days after such notice of termination for Cause, unless Executive has satisfactorily cured Progenitor shall pay Xx. Xxxxx all Accrued Compensation through the date of termination, thereafter, all of Progenitor's obligations under this Agreement shall cease. Termination shall be for "Cause" if Xx. Xxxxx: (i) exhibits in regard to his employment unfitness or unavailability for service, habitual neglect, or incompetence or willfully breaches any material term of this Agreement; (ii) engages in employment-related misconduct or acts in bad faith and to the detriment of Progenitor; (iii) exhibits dishonesty in regard to his employment or is convicted of a crime involving dishonesty, breach of trust, or physical or emotional harm to any person; (iv) furnishes proprietary confidential information of Progenitor to a competitor or a potential competitor except in the bona fide belief that such actions action was for the benefit and best interest of Progenitor, or inactions(v) is habitually intoxicated by alcohol or drugs during work hours. Notwithstanding the above, upon the occurrence of an event described in subsection (i) above, Progenitor shall give Xx. Xxxxx thirty (30) days advance written notice of its intent to terminate and the reason for termination. During this thirty (30) day period, Xx. Xxxxx shall have an opportunity to correct the situation, and if corrected (in Progenitor's reasonable judgment), Xx. Xxxxx'x Period of Employment shall not be terminated; if not corrected (in Progenitor's reasonable judgment), termination shall become effective upon expiration of such thirty (30) day period. If termination is due to Xx. Xxxxx'x disability, Section 4(b) above shall control, and not this Section 4(d) on termination for Cause.

By Employer for Cause. Employer may, at any time during the Employment Period, by notice to Executive, terminate the Employment Period period for “Cause.” As used herein, “Cause” shall mean (i) incompetence, fraud, personal dishonesty, fraud or acts of gross negligence or gross misconduct on the part of Executive in the course of his employment, (ii) an intentional breach of this Agreement by Executive that is injurious to Employer, (iii) substantial and continued failure by Executive to perform his duties hereunder, (iv) willful failure by Executive to follow the lawful directions of the Board, (viii) use of alcohol by Executive or his illegal use of drugs (including narcotics) , (which in either case is, or could reasonably be expected to become, materially injurious to the reputation or business of Employer or which impairs, or could reasonably be expected to impair, the performance of Executive’s duties hereunder, (viiv) Executive’s conviction by a court of competent jurisdiction of, or pleading “guilty” or “no contest” to, (x) a felony, or (y) any other criminal charge (other than minor traffic violations) which has or could reasonably be expected to have a material adverse impact on Employer’s reputation and standing in the community, or (viiv) Executive’s violation of any of the provisions of Section Sections 7 or and 8 herein. Any notice given by Employer pursuant to this Section 5.3(ii), (iii), or (iv), above, 5.2 shall specify in writing in reasonable detail the event or the nature of Executive’s action or inaction that is the cause for giving such notice. Executive will have 30 days to cure, to the reasonable satisfaction of Employeremployer, any action or inaction charged by Employer for Cause under (ii), (iii), ) or (iv), above. In the event of a termination of the Employment Period for Cause under (i), (v), (vi)above, or (vii), above, the Executive commences cure and pursues such cure in good faith and it requires more than 30 days to complete such Cure. The Employment Period period shall terminate immediately upon notice by Employer of termination for Cause. In all other cases of a termination of Cause and the Employment Period for Cause, the Employment Period shall terminate 30 days after such notice of termination for Causereason therefore, unless such actions or inactions can be cured and Executive has satisfactorily cured such actions or inactions.

By Employer for Cause. Employer may, at any time during the Employment Period, by notice to Executive, terminate the Employment Period for “"Cause.” " As used herein, “"Cause” " shall mean (i) incompetence, fraud, personal dishonesty, defalcation, or acts of gross negligence or gross misconduct on the part of Executive in the course of his employment, (ii) an intentional breach of this Agreement by Executive that is injurious to Employer, (iii) substantial and continued failure by Executive to perform his duties hereunder, (iv) willful failure by Executive to follow the lawful directions of Xxxx Xxxxxxx or the Board, (v) use of alcohol by Executive or his illegal use of drugs (including narcotics) which in either case is, or could reasonably expected to become, materially injurious to the reputation or business of Employer or which impairs, or could reasonably be expected to impair, the performance of Executive’s 's duties hereunder, (vi) Executive’s 's conviction by a court of competent jurisdiction of, or pleading “"guilty” " or “"no contest” " to, (x) a felony, or (y) any other criminal charge (other than minor traffic violations) which has or could reasonably be expected to have a material adverse impact on Employer’s 's reputation and standing in the community, or (vii) Executive’s 's violation of any of the provisions of Section 7 or 8 herein. Any notice given by Employer pursuant to Section 5.3(ii), (iii), or (iv5(b), above, shall specify in writing in reasonable detail the nature of Executive’s 's action or inaction that is the cause for giving such notice. Executive will have 30 days to cure, to the reasonable satisfaction of Employer, any action or inaction charged by Employer for Cause under (ii), (iii), or (iv), above. In the event of a termination of the Employment Period for Cause under (i), (v), (vi), or (vii), above, the Employment Period shall terminate immediately upon notice by Employer of termination for Cause. In all other cases of a termination of the Employment Period for Cause, the Employment Period shall terminate 30 days after such notice of termination for Cause, unless Executive has satisfactorily cured such actions or inactions.

By Employer for Cause. Employer may, at any time during the Employment Period, by notice to Executive, terminate the Employment Period for “"Cause.” " As used herein, “"Cause” " shall mean (i) incompetence, fraud, personal dishonesty, defalcation, or acts of gross negligence or gross misconduct on the part of Executive in the course of his her employment, (ii) an intentional breach of this Agreement by Executive that is injurious to Employer, (iii) substantial and continued failure by Executive to perform his her duties hereunder, (iv) willful failure by Executive to follow the lawful directions of Xxxx Xxxxxxx or the Board, (v) use of alcohol by Executive or his her illegal use of drugs (including narcotics) which in either case is, or could reasonably expected to become, materially injurious to the reputation or business of Employer or which impairs, or could reasonably be expected to impair, the performance of Executive’s 's duties hereunder, (vi) Executive’s 's conviction by a court of competent jurisdiction of, or pleading “"guilty” " or “"no contest” " to, (x) a felony, or (y) any other criminal charge (other than minor traffic violations) which has or could reasonably be expected to have a material adverse impact on Employer’s 's reputation and standing in the community, or (vii) Executive’s 's violation of any of the provisions of Section 7 or 8 herein. Any notice given by Employer pursuant to Section 5.3(ii), (iii), or (iv), 5(b) above, shall specify in writing in reasonable detail the nature of Executive’s 's action or inaction that is the cause for giving such notice. Executive will have 30 days to cure, to the reasonable satisfaction of Employer, any action or inaction charged by Employer for Cause under (ii), (iii), or (iv5(b), above. In the event of a termination of the Employment Period for Cause under (i), (v), (vi), or (vii), above, the Employment Period shall terminate immediately upon notice by Employer of termination for Cause. In all other cases of a termination of the Employment Period for Cause, the Employment Period shall terminate 30 days after such notice of termination for Cause, unless Executive has satisfactorily cured such actions or inactions.

By Employer for Cause. Employer may, at any time during the Employment Period, by notice to ExecutiveEmployee, terminate the Employment Period for “"Cause.” " As used herein, “"Cause” " shall mean (i) incompetence, fraud, personal dishonesty, defalcation, or acts of gross negligence or gross misconduct on the part of Executive Employee in the course of his her employment, (ii) an intentional breach of this Agreement by Executive Employee that is injurious to Employer, (iii) substantial and continued failure by Executive Employee to perform his her duties hereunder, (iv) willful failure by Executive Employee to follow the lawful directions of Gary Granoff or the Board, (v) use of alcohol xxx xx xxxxhol by Executive Employee or his her illegal use of drugs (including narcotics) which in either case is, or could reasonably expected to become, materially injurious to the reputation or business of Employer or which impairs, or could reasonably be expected to impair, the performance of Executive’s Employee's duties hereunder, (vi) Executive’s Employee's conviction by a court of competent jurisdiction of, or pleading “"guilty” " or “"no contest” " to, (x) a felony, or (y) any other criminal charge (other than minor traffic violations) which has or could reasonably be expected to have a material adverse impact on Employer’s 's reputation and standing in the community, or (vii) Executive’s Employee's violation of any of the provisions of Section 7 or 8 herein. Any notice given by Employer pursuant to Section 5.3(ii5.2(ii), (iii), or (iv), above, shall specify in writing in reasonable detail the nature of Executive’s Employee's action or inaction that is the cause for giving such notice. Executive Employee will have 30 days to cure, to the reasonable satisfaction of Employer, any action or inaction charged by Employer for Cause under (ii), (iii), or (iv), above. In the event of a termination of the Employment Period for Cause under (i), (v), (vi), or (vii), above, the Employment Period shall terminate immediately upon notice by Employer of termination for Cause. In all other cases of a termination of the Employment Period for Cause, the Employment Period shall terminate 30 days after such notice of termination for Cause, unless Executive Employee has satisfactorily cured such actions or inactions.

By Employer for Cause. Employer may, at any time during the Employment Period, by notice to Executive, terminate the Employment Period for “"Cause.” " As used herein, “"Cause” " shall mean (i) incompetence, fraud, personal dishonesty, defalcation, or acts of gross negligence or gross misconduct on the part of Executive in the course of his employment, (ii) an intentional breach of this Agreement by Executive that is injurious to Employer, (iii) substantial and continued failure by Executive to perform his duties hereunder, (iv) willful failure by Executive to follow the lawful directions of Gary Granoff or the Board, (v) use of alcohol by Executive or his illegal use of ilxxxxx xxx xx drugs (including narcotics) which in either case is, or could reasonably expected to become, materially injurious to the reputation or business of Employer or which impairs, or could reasonably be expected to impair, the performance of Executive’s 's duties hereunder, (vi) Executive’s 's conviction by a court of competent jurisdiction of, or pleading “"guilty” " or “"no contest” " to, (x) a felony, or (y) any other criminal charge (other than minor traffic violations) which has or could reasonably be expected to have a material adverse impact on Employer’s 's reputation and standing in the community, or (vii) Executive’s 's violation of any of the provisions of Section 7 or 8 herein. Any notice given by Employer pursuant to Section 5.3(ii5.2(ii), (iii), or (iv), above, shall specify in writing in reasonable detail the nature of Executive’s 's action or inaction that is the cause for giving such notice. Executive will have 30 days to cure, to the reasonable satisfaction of Employer, any action or inaction charged by Employer for Cause under (ii), (iii), or (iv), above. In the event of a termination of the Employment Period for Cause under (i), (v), (vi), or (vii), above, the Employment Period shall terminate immediately upon notice by Employer of termination for Cause. In all other cases of a termination of the Employment Period for Cause, the Employment Period shall terminate 30 days after such notice of termination for Cause, unless Executive has satisfactorily cured such actions or inactions.