Common use of Cause Defined Clause in Contracts

Cause Defined. Termination by the Bank of the Executive's employment for "Cause" shall mean termination on the basis of (i) the Executive's willful and continued failure to substantially perform his employment duties (other than any such failure resulting from the Executive's death or incapacity due to physical or mental illness) after (A) a written demand for substantial performance is delivered to the Executive by the Bank's Chief Executive Officer, which demand specifically identifies the manner in which the Chief Executive Officer believes that the Executive has not substantially performed his employment duties, and (B) the Executive has been afforded a reasonable opportunity to meet with the Chief Executive Officer regarding such assertions of nonperformance, or (ii) the Executive's willfully engaging in conduct which is demonstrably and materially injurious to the Bank, monetarily or otherwise. For purposes of this paragraph (f), no act, or failure to act, on the part of the Executive shall be deemed "willful" unless done, or omitted to be done, by the Executive not in good faith and without reasonable belief that his action or omission was in the best interests of the Bank. The Executive shall be deemed to have been terminated for Cause only at such time as there shall have been delivered to him a written notice of termination by the Bank, which specifies in detail the particulars of the Executive's conduct that serve as the basis for such termination for Cause.

Appears in 6 contracts

Sources: Change in Control/Noncompetition Agreement (Enterprise Bancorp Inc /Ma/), Change in Control/Noncompetition Agreement (Enterprise Bancorp Inc /Ma/), Change in Control/Noncompetition Agreement (Enterprise Bancorp Inc /Ma/)

Cause Defined. Termination by the Bank of the Executive's ’s employment for "Cause" shall mean termination on the basis of (i) the Executive's ’s willful and continued failure to substantially perform his employment duties (other than any such failure resulting from the Executive's ’s death or incapacity due to physical or mental illness) after (A) a written demand for substantial performance is delivered to the Executive by the Bank's ’s Chief Executive Officer, which demand specifically identifies the manner in which the Chief Executive Officer believes that the Executive has not substantially performed his employment duties, and (B) the Executive has been afforded a reasonable opportunity to meet with the Chief Executive Officer regarding such assertions of nonperformance, or (ii) the Executive's ’s willfully engaging in conduct (other than conduct related to the operation of an automobile) which is demonstrably and materially injurious to the Bank, monetarily or otherwise. For purposes of this paragraph (fh), no act, or failure to act, on the part of the Executive shall be deemed "willful" unless done, or omitted to be done, by the Executive not in good faith and without reasonable belief that his action or omission was in the best interests of the Bank. The Executive shall be deemed to have been terminated for Cause only at such time as there shall have been delivered to him a written notice of termination by the Bank, which specifies in detail the particulars of the Executive's ’s conduct that serve as the basis for such termination for Cause.

Appears in 6 contracts

Sources: Change in Control/Noncompetition Agreement (Enterprise Bancorp Inc /Ma/), Change in Control/Noncompetition Agreement (Enterprise Bancorp Inc /Ma/), Change in Control/Noncompetition Agreement (Enterprise Bancorp Inc /Ma/)

Cause Defined. Termination by the Bank of the Executive's employment for "Cause" shall mean termination on the basis of (i) the Executive's willful and continued failure to substantially perform his employment duties (other than any such failure resulting from the Executive's death or incapacity due to physical or mental illness) after (A) a written demand for substantial performance is delivered to the Executive by the Bank's Chief Executive Officer, which demand specifically identifies the manner in which the Chief Executive Officer believes that the Executive has not substantially performed his employment duties, and (B) the Executive has been afforded a reasonable opportunity to meet with the Chief Executive Officer regarding such assertions of nonperformance, or (ii) the Executive's willfully engaging in conduct (other than conduct related to the operation of an automobile) which is demonstrably and materially injurious to the Bank, monetarily or otherwise. For purposes of this paragraph (fh), no act, or failure to act, on the part of the Executive shall be deemed "willful" unless done, or omitted to be done, by the Executive not in good faith and without reasonable belief that his action or omission was in the best interests of the Bank. The Executive shall be deemed to have been terminated for Cause only at such time as there shall have been delivered to him a written notice of termination by the Bank, which specifies in detail the particulars of the Executive's conduct that serve as the basis for such termination for Cause.

Appears in 1 contract

Sources: Change in Control/Noncompetition Agreement (Enterprise Bancorp Inc /Ma/)

Cause Defined. Termination by the Bank of the Executive's ’s employment for "Cause" shall mean termination on the basis of (i) the Executive's ’s willful and continued failure to substantially perform his employment duties (other than any such failure resulting from the Executive's ’s death or incapacity due to physical or mental illness) after (A) a written demand for substantial performance is delivered to the Executive by the Bank's ’s Chief Executive Officer, which demand specifically identifies the manner in which the Chief Executive Officer believes that the Executive has not substantially performed his employment duties, and (B) the Executive has been afforded a reasonable opportunity to meet with the Chief Executive Officer regarding such assertions of nonperformance, or (ii) the Executive's ’s willfully engaging in conduct which is demonstrably and materially injurious to the Bank, monetarily or otherwise. For purposes of this paragraph (f), no act, or failure to act, on the part of the Executive shall be deemed "willful" unless done, or omitted to be done, by the Executive not in good faith and without reasonable belief that his action or omission was in the best interests of the Bank. The Executive shall be deemed to have been terminated for Cause only at such time as there shall have been delivered to him a written notice of termination by the Bank, which specifies in detail the particulars of the Executive's ’s conduct that serve as the basis for such termination for Cause.

Appears in 1 contract

Sources: Change in Control/Noncompetition Agreement (Enterprise Bancorp Inc /Ma/)