Common use of Cause or Without Cause Clause in Contracts

Cause or Without Cause. The Company may terminate the Executive's employment during the Employment Period for Cause or without Cause. For purposes of this Agreement, "Cause" shall mean (a) misappropriating any funds or any material property of the Company; (b) obtaining or attempting to obtain any material personal profit from any transaction in which the Executive has an interest which is adverse to the interest of the Company unless the Company shall first give its consent to such transaction; (c) (i) the willful taking of actions which directly impair the Employee's ability to perform the duties required by the terms of his employment; or (ii) taking any action detrimental to the Company's goodwill or damaging to the Company's relationships with its customers, suppliers or employees; provided that such neglect or refusal, action or breach shall have continued for a period of twenty (20) days following written notice thereof; (d) being convicted of or pleading NOLO CONTENDERE to any crime or offense constituting a felony under applicable law or any crime or offense involving fraud or moral turpitude; or (e) any material intentional failure to comply with applicable laws or governmental regulations within the scope of employment as defined by this Agreement. For purposes of this Agreement, "without Cause" shall mean a termination by the Company of the Executive's employment during the Employment Period for any reason other than a termination based upon Cause, death, Disability or upon a Change of Control, as defined below.

Appears in 4 contracts

Samples: Employment Agreement (MJD Communications Inc), Employment Agreement (MJD Communications Inc), Employment Agreement (MJD Communications Inc)

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Cause or Without Cause. The Company may terminate the Executive's employment during the Employment Period for Cause or without Cause. For purposes of this Agreement, "Cause" shall mean (ai) misappropriating any funds a breach by the Executive of the Executive's obligations under Section 2(a) (other than as a result of physical or any mental incapacity) which constitutes a continued material property nonperformance by the Executive of his obligations and duties thereunder, and which is not remedied within 30 days after receipt of written notice from the Company specifying such breach, (ii) commission by the Executive of an act of fraud, embezzlement, misappropriation, willful misconduct or breach of fiduciary duty against the Company; (biii) obtaining a material breach by the Executive of Sections 7, 8, 10 or attempting 11; (iv) the Executive's conviction, plea of no contest or nolo contendere, or unadjudicated probation for any felony or crime involving moral turpitude; (v) the failure of the Executive to obtain carry out, or comply with, in any material personal profit from respect any transaction in which the Executive has an interest which is adverse to the interest lawful and reasonable directive of the Company unless the Company shall first give its consent to such transaction; (c) (i) the willful taking of actions which directly impair the Employee's ability to perform the duties required by Board consistent with the terms of his employmentthis Agreement, which is not remedied within 30 days after receipt of written notice from the Company specifying such failure; or (iivi) taking any action detrimental to the Executive's unlawful use (including being under the influence) or possession of illegal drugs on the Company's goodwill premises or damaging to while performing the CompanyExecutive's relationships with its customers, suppliers or employees; provided that such neglect or refusal, action or breach shall have continued for a period of twenty (20) days following written notice thereof; (d) being convicted of or pleading NOLO CONTENDERE to any crime or offense constituting a felony duties and responsibilities under applicable law or any crime or offense involving fraud or moral turpitude; or (e) any material intentional failure to comply with applicable laws or governmental regulations within the scope of employment as defined by this Agreement. For purposes of this Agreement, "without Cause" shall mean a termination by the Company of the Executive's employment during the Employment Period for any reason other than a termination based upon Cause, death, Disability or upon a Change of Control, as defined below.

Appears in 4 contracts

Samples: Employment Agreement (Atrium Companies Inc), Employment Agreement (Atrium Companies Inc), Employment Agreement (Atrium Companies Inc)

Cause or Without Cause. The Company may terminate the Executive's ’s employment during the Employment Period for Cause or without Cause. For purposes of this Agreement, "Cause" shall mean (a) misappropriating any funds or any material property of the Company; , (b) obtaining or attempting to obtain any material personal profit from any transaction in which the Executive has an interest which is adverse to the interest of the Company unless the Company shall first give its consent to such transaction; , (c) (i) the willful taking of actions which directly impair the Employee's Executive’s ability to perform the duties required by the terms of his employment; , or (ii) taking any action detrimental to the Company's ’s goodwill or damaging to the Company's ’s relationships with its customers, suppliers or employees; provided that such neglect or refusal, action or breach shall have continued for a period of twenty (20) days following written notice thereof; , (d) being convicted of or pleading NOLO CONTENDERE nolo contendere to any crime or offense constituting a felony under applicable law or any crime or offense involving fraud or moral turpitude; , or (e) any material intentional failure to comply with applicable laws or governmental regulations within the scope of employment as defined by this Agreement. For purposes of this Agreement, "without Cause" shall mean a termination by the Company of the Executive's ’s employment during the Employment Period for any reason other than a termination based upon Cause, death, Disability death or upon a Change of Control, as defined belowDisability.

Appears in 1 contract

Samples: Employment Agreement (Fairpoint Communications Inc)

Cause or Without Cause. The Company may terminate the Executive's employment Xxxxxx' retention during the Employment Succession Period for Cause or without Cause. For purposes of this Agreement, "Cause" shall mean (a) misappropriating any funds or any material property of the Company; (b) obtaining or attempting to obtain any material personal profit from any transaction in which the Executive Xxxxxx has an interest which is adverse to the interest of the Company unless the Company shall first give its consent to such transaction; (c) (i) the willful taking of actions which directly impair the Employee's Xxxxxx' ability to perform the duties required by the terms of his employmentretention; or (ii) taking any action detrimental to the Company's goodwill or damaging to the Company's relationships with its customers, suppliers or employees; provided that such neglect or refusal, action or breach shall have continued for a period of twenty (20) days following written notice thereof; (d) being convicted of or pleading NOLO CONTENDERE to any crime or offense constituting a felony under applicable law or any crime or offense involving fraud or moral turpitude; or (e) any material intentional failure to comply with applicable laws or governmental regulations within the scope of employment retention as defined by this Agreement. For purposes of this Agreement, "without Cause" shall mean a termination by the Company of the Executive's employment Xxxxxx' retention during the Employment Succession Period for any reason other than a termination based upon Cause, death, Disability or upon a Change of Control, as defined below.

Appears in 1 contract

Samples: Succession Agreement (Fairpoint Communications Inc)

Cause or Without Cause. The Company may terminate the Executive's ’s employment during and the Employment Period for Cause or without Cause. For purposes of this Agreement, "Cause" shall mean (a) misappropriating any funds or any material property of the Company; , (b) obtaining or attempting to obtain any material personal profit from any transaction in which the Executive has an interest which is adverse to the interest of the Company unless the Company shall first give its consent to such transaction; , (c) (i) the willful taking of actions which directly impair the Employee's Executive’s ability to perform the duties required by the terms of his employment; , or (ii) taking any action detrimental to the Company's ’s goodwill or damaging to the Company's ’s relationships with its customers, suppliers or employees; provided that such neglect or refusal, action or breach shall have continued for a period of twenty (20) days following written notice thereof; , (d) being convicted of or pleading NOLO CONTENDERE nolo contendere to any crime or offense constituting a felony under applicable law or any crime or offense involving fraud or moral turpitude; , or (e) any material intentional failure to comply with applicable laws or governmental regulations within the scope of employment as defined by this Agreement. For purposes of this Agreement, "without Cause" shall mean a termination by the Company of the Executive's ’s employment during and the Employment Period for any reason other than a termination based upon Cause, death, Disability death or upon a Change of Control, as defined belowDisability.

Appears in 1 contract

Samples: Employment Agreement (Fairpoint Communications Inc)

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Cause or Without Cause. The Company may terminate the Executive's employment during the Employment Period for Cause or without Cause. For purposes of this Agreement, "Cause" shall mean (a) misappropriating any funds or any material property of the Company; (b) obtaining or attempting to obtain any material personal profit from any transaction in which the Executive has an interest which is adverse to the interest of the Company unless the Company shall first give its consent to such transaction; (c) (i) the willful taking of actions which directly impair the EmployeeExecutive's ability to perform the duties required by the terms of his employment; or (ii) taking any action detrimental to the Company's goodwill or damaging to the Company's relationships with its customers, suppliers or employees; provided that such neglect or refusal, action or breach shall have continued for a period of twenty (20) days following written notice thereof; (d) being convicted of or pleading NOLO CONTENDERE to any crime or offense constituting a felony under applicable law or any crime or offense involving fraud or moral turpitude; or (e) any material intentional failure to comply with applicable laws or governmental regulations within the scope of employment as defined by this Agreement. For purposes of this Agreement, "without Cause" shall mean a termination by the Company of the Executive's employment during the Employment Period for any reason other than a termination based upon Cause, death, Disability or upon a Change of Control, as defined below.

Appears in 1 contract

Samples: Employment Agreement (Fairpoint Communications Inc)

Cause or Without Cause. The Company may terminate the Executive's employment during the Employment Period for Cause or without Cause. For purposes of this Agreement, "Cause" shall mean (a) misappropriating any funds or any material property of the Company; , (b) obtaining or attempting to obtain any material personal profit from any transaction in which the Executive has an interest which is adverse to the interest of the Company unless the Company shall first give its consent to such transaction; , (c) (i) the willful taking of actions which directly impair the EmployeeExecutive's ability to perform the duties required by the terms of his employment; , or (ii) taking any action detrimental to the Company's goodwill or damaging to the Company's relationships with its customers, suppliers or employees; provided that such neglect or refusal, action or breach shall have continued for a period of twenty (20) days following written notice thereof; , (d) being convicted of or pleading NOLO CONTENDERE to any crime or offense constituting a felony under applicable law or any crime or offense involving fraud or moral turpitude; , or (e) any material intentional failure to comply with applicable laws or governmental regulations within the scope of employment as defined by this Agreement. For purposes of this Agreement, "without Cause" shall mean a termination by the Company of the Executive's employment during the Employment Period for any reason other than a termination based upon Cause, death, Disability death or upon a Change of Control, as defined belowDisability.

Appears in 1 contract

Samples: Employment Agreement (Fairpoint Communications Inc)

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