By the Company for Just Cause. For purposes of this Agreement "Just Cause" shall mean the following: (i) a conviction of or a plea of guilty or nolo contendre by the Employee to a felony or misdemeanor involving fraud, embezzlement, theft, or dishonesty or other criminal conduct against the Company; (ii) habitual neglect of the Employee's duties or failure by the Employee to perform or observe any substantial lawful obligation of such employment that is not remedied within thirty (30) days after written notice thereof from the Company or its Board of Directors; or (iii) any material breach of this Agreement by the Employee. Should the Employee dispute whether he was terminated for Just Cause, then the Company and the Employee shall enter immediately into binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association, the cost of which shall be borne by the non-prevailing party. In the event of termination of this Agreement other than for death, the Employee hereby agrees to resign from all positions held in the Company, including without limitation any position as a director, officer, agent, trustee, or consultant of the Company or any affiliate of the Company. For the purposes of this provision, the term "affiliate" has the same meaning as in Section 9.
By the Company for Just Cause. For purposes of this Agreement "Just Cause" shall mean the following: (i) a conviction of or a plea of guilty or nolo contendre by the Employee to a felony or misdemeanor involving fraud, embezzlement, theft, or dishonesty or other criminal conduct against the Company; (ii) habitual neglect of the Employee's duties or failure by the Employee to perform or observe any substantial lawful obligation of such employment that is not remedied within thirty (30) days after written notice thereof from the Company or its Board of Directors; or (iii) any material breach of this Agreement by the Employee. Should the Employee dispute whether he was terminated for Just Cause, then the Company and the Employee shall enter immediately into binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association, the cost of which shall be borne by the non-prevailing party.
By the Company for Just Cause. For purposes of this Agreement "Just Cause" shall mean only the following: (i) a final non-appealable conviction of or a plea of guilty or nolo contendere by the Employee to a felony or misdemeanor involving fraud, embezzlement, theft, dishonesty or other criminal conduct against the Company; or (ii) habitual neglect of the Employee 's duties or failure by the Employee to perform or observe any substantial lawful obligation of such employment that is not remedied within thirty (30) days written notice thereof from the Company or its Board of Directors; or (iii) any material breach by the Employee of this Agreement.
By the Company for Just Cause. This Agreement and Employee’s employment with the Company may be terminated for Just Cause at any time in accordance with Section 13. For purposes of this Agreement, “Just Cause” shall mean only the following: (i) Employee’s continued and material failure to perform the duties of his employment consistent with Employee’s position, except as a result of being Partially Disabled (during any period of Partial Disability) or Totally Disabled, (ii) Employee’s failure to perform his material obligations under this Agreement, except as a result of being Partially Disabled (during any period of Partial Disability) or Totally Disabled, or a material breach by the Employee of the Company’s written policies concerning discrimination, harassment, conflicts of interest or securities trading, (iii) Employee’s insubordination, lack of cooperation, conduct detrimental to the Company or refusal or failure to follow lawful directives of the Board, the Chairman of the Board and/or Chief Executive Officer, except as a result of being Partially Disabled (during any period of Partial Disability) or Totally Disabled, (iv) Employee’s commission of an act of fraud, theft, embezzlement or violation of an applicable regulation or law involving financial impropriety, (v) Employee’s indictment for or conviction of a felony or other crime involving moral turpitude, or (vi) Employee’s intentional breach of fiduciary duty; provided, however, that Employee shall have thirty (30) days after written notice from the Board (or Compensation Committee or Executive Committee of the Board (the “Executive Committee”)) to remedy any actions alleged under subsections (i) or (ii) in the manner reasonably specified by the Board (or Compensation Committee or Executive Committee), unless the Board (or Compensation Committee or Executive Committee), in its sole and reasonable discretion, determines that such alleged actions cannot be remedied within such thirty (30) day period. For the avoidance of doubt, the parties acknowledge and agree that a termination by the Company for Just Cause shall have priority over the other provisions of this Section 12, and the Company shall have the right, to the extent raised by the Company within twelve (12) months following Employee’s termination, to “claw back” any benefits paid to Employee based on a termination pursuant to any other provision of this Section 12, in the event that the Company subsequently discovers the existence of facts or circumstances that would h...
By the Company for Just Cause. This Agreement and the Employee's employment with the Company may be terminated for Just Cause at any time in accordance with Section 11. For purposes of this Agreement, Just Cause shall mean only the following: (i) a conviction of or a plea of guilty or nolo contendre by the Employee to a felony or misdemeanor involving fraud, embezzlement, theft or dishonesty or other criminal conduct, (ii) habitual neglect of the Employee's duties or failure by the Employee to perform or observe any substantial lawful obligation of such employment that is not remedied promptly following written notice or (iii) any material breach by the Employee of this Agreement that is not remedied promptly following written notice. Should the Employee dispute whether he was terminated for Just Cause, then the Company and the Employee shall enter immediately into binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association, the cost of which shall be borne by the substantially non-prevailing party.
By the Company for Just Cause. This Agreement and the Employee’s employment with the Company may be terminated for “Just Cause” at any time in accordance with subsection (h) of this section. For purposes of this Agreement, Just Cause shall mean only the following: (i) a conviction of or a plea of guilty or nolo contendre by the Employee to a felony or misdemeanor involving fraud, embezzlement, theft or dishonesty or other criminal conduct, (ii) habitual neglect of the Employee’s duties or failure by the Employee to perform or observe any substantial lawful obligation of such employment that is not remedied within thirty (30) days after written notice thereof from the Company or its Board of Directors or (iii) any material breach by the Employee of this Agreement or written policies of the Company applicable to employees generally that can be remedied and is not remedied within thirty (30) days after written notice thereof from the Company or its Board of Directors. Should the Employee dispute whether she was terminated for Just Cause, then the Company and the Employee shall enter immediately into binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association, the cost of which shall be the non-prevailing party.
By the Company for Just Cause. The Company may terminate Executive's employment for Just Cause. For purposes of this Agreement, “Just Cause” shall mean any of the following: (i) a material failure of Executive to perform his duties and responsibilities hereunder (provided that Executive shall have thirty (30) days to cure such failure after written notice from the Company of such failure to perform); (ii) fraud or an act of dishonesty by Executive against the Company; (iii) any intentional act by Executive which constitutes gross misconduct and which is materially and demonstrably injurious to the Company; (iv) a material breach by Executive of any term of this Agreement (provided that Executive shall have thirty (30) days to cure such breach after written notice from the Company of the breach); (v) violation of the Company's sexual harassment policy, (vi) conviction of an offence under the Criminal Code (Canada) (whether such conviction was after a trial or a result of a guilty plea or otherwise); (vii) Executive ceases to hold his C.M.A. designation; and (viii) anything else that would constitute just cause for immediate termination of Executive's employment under Ontario law.
By the Company for Just Cause. If Executive's employment is terminated by the Company for Just Cause, this Agreement shall terminate without further obligations to Executive other than for payment of any unpaid Base Salary earned by Executive to the effective date of termination of Executive's employment as well as accrued and unpaid vacation earned by Executive to the effective date of termination of Executive's employment, less applicable withholdings and deductions.
By the Company for Just Cause. This Agreement and the Employee’s employment with the Company may be terminated for “Just Cause” at any time in accordance with subsection (h) of this section. For purposes of this Agreement, Just Cause shall mean only the following: (i) a conviction of or a plea of guilty or nolo contendre by the Employee to a felony or misdemeanor involving fraud, embezzlement, theft or dishonesty or other criminal conduct, (ii) habitual neglect of the Employee’s duties or failure by the Employee to perform or observe any substantial lawful obligation of such employment that is not remedied within thirty
By the Company for Just Cause
