Common use of Discharge for Cause Clause in Contracts

Discharge for Cause. If the Optionee, prior to the Expiration Date, is discharged by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon such cessation of employment. "Cause" shall mean willful misconduct in connection with the Optionee's employment or willful failure to perform his or her employment responsibilities in the best interests of the Company (including, without limitation, breach by the Optionee of any provision of any employment, nondisclosure, non-competition or other similar agreement between the Optionee and the Company), as determined by the Company, which determination shall be conclusive. The Optionee shall be considered to have been discharged "for cause" if the Company determines, within 30 days after the Optionee's resignation, that discharge for cause was warranted.

Appears in 15 contracts

Samples: Art Technology Group Inc, Stock Option Agreement (Baycorp Holdings LTD), Incentive Stock Option Agreement (Baycorp Holdings LTD)

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Discharge for Cause. If the Optionee, prior to the Expiration Date, is discharged by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon such cessation of employment. "Cause" shall mean willful misconduct in connection with by the Optionee's employment Optionee or willful failure to perform his or her employment responsibilities in the best interests of the Company (including, without limitation, breach by the Optionee of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Optionee and the Company), as determined by the Company, which determination shall be conclusive. The Optionee shall be considered to have been discharged "for cause" if the Company determines, within 30 days after the Optionee's resignation, that discharge for cause was warranted.

Appears in 12 contracts

Samples: Non Statutory (Baycorp Holdings LTD), Stock Option Agreement (Comverse Technology Inc/Ny/), Stock Option Agreement (Baycorp Holdings LTD)

Discharge for Cause. If the Optionee, prior to the Expiration Date, ceases his or her employment with the Company because he or she is discharged by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon such cessation of employment. "Cause" shall mean willful misconduct in connection with the Optionee's ’s employment or willful failure to perform his or her employment responsibilities in the best interests of the Company (including, without limitation, breach by the Optionee of any provision of any employment, consulting, advisory, nondisclosure, non-competition competition, non-solicitation or other similar agreement between the Optionee and the Company), as determined by the Company, which determination shall be conclusive. The Optionee shall be considered to have been discharged "for cause" if the Company determines, within 30 days after of the Optionee's ’s resignation, that discharge for cause was warranted.

Appears in 5 contracts

Samples: Stock Option Agreement (Idexx Laboratories Inc /De), Employee Stock Option Agreement (Idexx Laboratories Inc /De), Employee Stock Option Agreement (Idexx Laboratories Inc /De)

Discharge for Cause. If the OptioneeEmployee, prior to the Expiration Date, is discharged by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon such cessation of employmentdischarge. "Cause" shall mean willful misconduct in connection with the Optionee's employment or willful failure by the Employee to perform his or her employment responsibilities in the best interests of the Company (including, without limitation, breach by the Optionee Employee of any provision of any employment, nondisclosure, non-competition or other similar agreement between the Optionee Employee and the Company), as determined by the Company, which determination shall be conclusive. The Optionee Employee shall be considered to have been discharged "for cause" if the Company determines, within 30 thirty (30) days after the OptioneeEmployee's resignation, that discharge for cause was warranted.

Appears in 4 contracts

Samples: Incentive Stock Option Agreement (Webhire Inc), Incentive Stock Option Agreement (Webhire Inc), Incentive Stock Option Agreement (Intuit Inc)

Discharge for Cause. If the Optionee, prior to the Expiration Date, is discharged by the Company company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon such cessation of employment. "Cause" shall mean willful misconduct in connection with by the Optionee's employment Optionee or willful failure to perform his or her employment responsibilities in the best interests of the Company (including, without limitation, breach by the Optionee of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Optionee and the Company), as determined by the Company, which determination shall be conclusive. The Optionee shall be considered to have been discharged for "for cause" if the Company determines, within 30 days after the Optionee's resignation, that discharge for cause was warranted.

Appears in 4 contracts

Samples: Stock Option Agreement (Gateway Distributors LTD), Stock Option Agreement (Marshall Holdings International, Inc.), Stock Option Agreement (Marshall Holdings International, Inc.)

Discharge for Cause. If the Optionee, prior to the Expiration Datedate of expiration of this Option, is discharged by the Company for "cause" “Cause” (as defined below), the right to exercise this option Option shall terminate immediately upon the effective date of such cessation of employmentdischarge. "Cause" shall mean willful misconduct in connection with by the Optionee's employment Optionee or willful failure by the Optionee to perform his or her employment responsibilities in the best interests of to the Company (including, without limitation, breach by the Optionee of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Optionee and the Company), as determined by the Company, which determination shall be conclusive. The Optionee shall be considered to have been discharged "for cause" Cause if the Company determines, within 30 days after the Optionee's ’s resignation, that discharge for cause Cause was warranted.

Appears in 3 contracts

Samples: Stock Option Agreement (SS&C Technologies Holdings Inc), Stock Option Agreement (SS&C Technologies Holdings Inc), Stock Option Agreement (Ss&c Technologies Inc)

Discharge for Cause. If the Optionee, prior to the Expiration Date, ceases his or her employment with the Company or its Affiliate because he or she is discharged by the Company for "cause" (as defined below), the right to exercise this option Option shall terminate immediately upon such cessation of employment. "Cause" shall mean willful misconduct in connection with the Optionee's ’s employment or willful failure to perform his or her employment responsibilities in the best interests of the Company (including, without limitation, breach by the Optionee of any provision of any employment, nondisclosure, non-competition or other similar agreement between the Optionee and the CompanyRestrictive Covenant Agreements), as determined by the Company, which determination shall be final, binding and conclusive. The Optionee shall be considered to have been discharged "for cause" if the Company determines, within 30 days after of the Optionee's ’s resignation, that discharge for cause was warranted.

Appears in 3 contracts

Samples: Employee Stock Option Agreement (Idexx Laboratories Inc /De), Employee Stock Option Agreement (Idexx Laboratories Inc /De), Employee Stock Option Agreement (Idexx Laboratories Inc /De)

Discharge for Cause. If the Optionee, prior to the Expiration Date, is discharged by the Company for "cause" (as defined below), the right to exercise this option shall shall, terminate immediately upon such cessation of employmentdischarge. "Cause" shall mean willful misconduct in connection with the Optionee's employment or willful failure to perform his or her employment the Optionee's responsibilities in the best interests of the Company (including, without limitation, breach by the Optionee of any provision of any employment, nondisclosure, non-competition or other similar agreement between the Optionee and the Company), as determined by the Company, which determination shall be conclusive. The Optionee shall be considered to have been discharged "for cause" if the Company determines, within 30 thirty (30) days after the Optionee's resignation, that discharge for cause was warranted.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Network Appliance Inc), Qualified Stock Option Agreement (Network Appliance Inc)

Discharge for Cause. If the Optionee, prior to the Expiration Date, is discharged by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon such cessation of employment. "Cause" shall mean willful misconduct in connection with the Optionee's employment or willful failure to perform his or her employment responsibilities in the best interests of the Company (including, without limitation, breach by the Optionee of any provision of any employment, nondisclosure, non-competition or other similar agreement between the Optionee and the Company), as determined by the Company, which determination shall be conclusive. The Optionee shall be considered to have been discharged "for cause" if ; unless Cause is defined in an agreement between the Company determinesand the Optionee in effect at time of a purported discharge, within 30 days after in which case "Cause" shall have the same meaning for the purpose of this option as is ascribed to it in the agreement between the Company and the Optionee's resignation, that discharge for cause was warranted.

Appears in 2 contracts

Samples: Stock Option Agreement (Enterworks Inc), Incentive Stock Option Agreement (Enterworks Inc)

Discharge for Cause. If the Optionee, prior to the Expiration Date, is discharged by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon such cessation of employment. "Cause" shall mean willful misconduct by the Optionee in connection with the Optionee's ’s employment or willful failure to perform his or her employment responsibilities in the best interests of the Company (including, without limitation, breach by the Optionee of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Optionee and the Company), as determined by the Company, which determination shall be conclusive. The Optionee shall be considered to have been discharged "for cause" if the Company determines, within 30 days after the Optionee's ’s resignation, that discharge for cause was warranted.

Appears in 2 contracts

Samples: Non Statutory Stock Option Agreement (American Superconductor Corp /De/), American Superconductor Corp /De/

Discharge for Cause. If the Optionee, prior to the final Installment Expiration Date, is discharged by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon such cessation of employment. "Cause" shall mean willful misconduct in connection with by the Optionee's employment Optionee or willful failure to perform his or her employment responsibilities in the best interests of the Company (including, without limitation, breach by the Optionee of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Optionee and the Company), as determined by the Company, which determination shall be conclusive. The Optionee shall be considered to have been discharged "for cause" if the Company determines, within 30 days after the Optionee's resignation, that discharge for cause was warranted.

Appears in 2 contracts

Samples: Stock Option Agreement (Rsa Security Inc/De/), Stock Option Agreement (Rsa Security Inc/De/)

Discharge for Cause. If the Optionee, prior to the Expiration Date, ceases his or her relationship with the Company because he or she is discharged by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon such cessation of employment. "Cause" shall mean willful misconduct in connection with the Optionee's employment ’s director responsibilities or willful failure to perform his or her employment director responsibilities in the best interests of the Company (including, without limitation, breach by the Optionee of any provision legal duty to the Company or breach of any employment, nondisclosure, non-competition or other similar r agreement between the Optionee and the Company), as determined by the Company, which determination shall be conclusive. The Optionee shall be considered to have been discharged "for cause" if the Company determines, within 30 days after of the Optionee's ’s resignation, that discharge for cause was warranted.

Appears in 2 contracts

Samples: Director Stock Option Agreement (Idexx Laboratories Inc /De), Director Stock Option Agreement (Idexx Laboratories Inc /De)

Discharge for Cause. If the Optionee, prior to the Expiration Date, is discharged by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon such cessation of employment. "Cause" shall mean willful misconduct in connection with by the Optionee's employment Optionee or willful failure to perform his or her employment responsibilities in the best interests of the Company (including, without limitation, breach by the Optionee of any provision of any employment, consulting, advisory, nondisclosure, non-non- competition or other similar agreement between the Optionee and the Company), as determined by the Company, which determination shall be conclusive. The Optionee shall be considered to have been discharged "for cause" if the Company determines, within 30 days after the Optionee's resignation, that discharge for cause was warranted.

Appears in 2 contracts

Samples: Non Statutory (Baycorp Holdings LTD), Non Statutory (Baycorp Holdings LTD)

Discharge for Cause. If the Optionee, prior to the Expiration Date, is discharged by the Company for "cause" (as defined below), the right to exercise this option Option shall terminate immediately upon such cessation of employment. "Cause" shall mean willful misconduct in connection with the Optionee's employment or willful failure to perform his or her employment responsibilities in the best interests of the Company (including, without limitation, breach by the Optionee of any provision of any employment, nondisclosure, non-competition or other similar agreement between the Optionee and the Company), as determined by the Company, which determination shall be conclusive. The Optionee shall be considered to have been discharged "for cause" if the Company determines, within 30 days after the Optionee's resignation, that discharge for cause was warranted.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Versicor Inc /Ca)

Discharge for Cause. If the Optionee, prior to the Expiration Date, Optionee is discharged by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such cessation of employmentdischarge. "Cause" shall mean willful misconduct in connection with by the Optionee's employment Optionee or willful failure by the Optionee to perform his or her employment responsibilities in the best interests of to the Company (including, without limitation, breach by the Optionee of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Optionee and the Company), as determined by the Company, which determination shall be conclusive. The Optionee shall be considered to have been discharged for "for causeCause" if the Company determines, within 30 days after the Optionee's resignation, that discharge for cause was warrantedWARRANTED.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Parexel International Corp)

Discharge for Cause. If the Optionee, prior to the Option Expiration Date, is discharged by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon such cessation of employment. "Cause" shall mean willful misconduct in connection with by the Optionee's employment Optionee or willful failure to perform his or her employment responsibilities in the best interests of the Company (including, without limitation, breach by the Optionee of any provision of any employment, consulting, advisory, nondisclosure, confidentiality, non-competition or other similar agreement between the Optionee and the Company), as determined by the Board of Directors of the Company, which determination shall be conclusive. The Optionee shall be considered to have been discharged "for cause" if the Company determines, within 30 (30) days after the Optionee's ’s resignation, that discharge for cause was warranted.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Capricor Therapeutics, Inc.)

Discharge for Cause. If the Optionee’s relationship with the Company, prior to the Option Expiration Date, is discharged terminated by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon such cessation of employmenttermination. "Cause" shall mean willful misconduct in connection with by the Optionee's employment Optionee or willful failure to perform his or her employment responsibilities in the best interests of the Company (including, without limitation, breach by the Optionee of any provision of any employment, consulting, advisory, nondisclosure, confidentiality, non-competition or other similar agreement between the Optionee and the Company), as determined by the Board of Directors of the Company, which determination shall be conclusive. The Optionee Optionee’s relationship with the Company shall be considered to have been discharged "terminated “for cause" if the Company determines, within 30 thirty (30) days after the Optionee's resignationsuch termination, that discharge the termination for cause was warranted.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Capricor Therapeutics, Inc.)

Discharge for Cause. If the Optionee, prior to the Expiration Date, Optionee is discharged by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such cessation of employmentdischarge. "Cause" shall mean willful misconduct in connection with by the Optionee's employment Optionee or willful failure by the Optionee to perform his or her employment responsibilities in the best interests of to the Company (including, without limitation, breach by the Optionee of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Optionee and the Company), as determined by the Company, which determination shall be conclusive. The Optionee shall be considered to have been discharged for "for causeCause" if the Company determines, within 30 days after the Optionee's resignation, that discharge for cause was warranted.

Appears in 1 contract

Samples: Qualified Stock Option Agreement (Parexel International Corp)

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Discharge for Cause. If the Optionee, prior to the Option Expiration Date, is discharged by the Company for "cause" (as defined belowbelow for the purposes of this Agreement), the right to exercise this option shall terminate immediately upon such cessation of employment. "Cause" shall mean willful misconduct in connection with by the Optionee's employment Optionee or willful failure to perform his or her employment responsibilities in the best interests of the Company (including, without limitation, breach by the Optionee of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Optionee and the Company), as determined by the Board of Directors of the Company, which determination shall be conclusive. The Optionee shall be considered to have been discharged "for cause" if the Company determines, within 30 thirty (30) days after the Optionee's ’ s resignation, that discharge for cause was warranted.

Appears in 1 contract

Samples: Employment Agreement (MetaMorphix Inc.)

Discharge for Cause. If the Optionee, prior to the Expiration -------------------- Date, is discharged by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon such cessation of employment. "Cause" shall mean willful misconduct in connection with the Optionee's employment or willful failure to perform his or her employment responsibilities in the best interests of the Company (including, without limitation, breach by the Optionee of any provision of any employment, nondisclosure, non-competition or other similar agreement between the Optionee and the Company), as determined by the Company, which determination shall be conclusive. The Optionee shall be considered to have been discharged "for cause" if the Company determines, within 30 days after the Optionee's resignation, that discharge for cause was warranted.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Banyan Systems Inc)

Discharge for Cause. If the Optionee, prior to the Expiration Date, ceases his or her relationship with the Company because such relationship is discharged terminated by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon such cessation of employmentcessation. "Cause" shall mean willful misconduct by the Optionee in connection with the Optionee's ’s employment or willful failure to perform his or her employment responsibilities in the best interests of the Company (including, without limitation, breach by the Optionee of any provision of any employment, nondisclosure, non-competition or other similar agreement between the Optionee and the Company), as determined by the Company, which determination shall be conclusive. The If the Optionee shall be considered to have been discharged "for cause" if the Company determines, resigns and within 30 days after thereafter the Company determines that the Optionee's resignation, that ’s conduct prior to his or her resignation warranted a discharge for cause was warranted“cause,” such resignation shall be deemed to be discharge for “cause.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (American Superconductor Corp /De/)

Discharge for Cause. If the Optionee’s relationship with the Company, prior to the Expiration Final Exercise Date, is discharged by the Company for "cause" (as defined below), the right to exercise this option Option shall terminate immediately upon the effective date of such cessation of employmentdischarge. "Cause" shall mean willful misconduct in connection with by the Optionee's employment Optionee or willful failure by the Optionee to perform his or her employment responsibilities in the best interests of to the Company (including, without limitation, breach by the Optionee of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Optionee and the Company), as determined by the Company, which determination shall be conclusive. The Optionee shall be considered to have been discharged "for cause" “Cause” if the Company determines, within 30 days after the Optionee's ’s resignation, that discharge for cause was warranted.

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (Boston Life Sciences Inc /De)

Discharge for Cause. If the Optionee, prior to the Expiration Date, -------------------- ceases his or her relationship with the Company because such relationship is discharged terminated by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon such cessation of employmentcessation. "Cause" shall mean willful misconduct in connection with by the Optionee's employment Optionee or willful failure to perform his or her employment responsibilities in the best interests of the Company (including, without limitation, breach by the Optionee of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Optionee and the Company), as determined by the Company, which determination shall be conclusive. The Optionee shall be considered to have been discharged "for cause" if the Company determines, within 30 days after the Optionee's resignation, that discharge for cause was warranted.

Appears in 1 contract

Samples: Stock Option Agreement (Banyan Systems Inc)

Discharge for Cause. If the Optionee, prior to the Expiration ------------------- Date, is discharged by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon such cessation of employment. "Cause" shall mean willful misconduct in connection with the Optionee's employment or willful failure to perform his or her employment responsibilities in the best interests of the Company (including, without limitation, breach by the Optionee of any provision of any employment, nondisclosure, non-competition or other similar agreement between the Optionee and the Company), as determined by the Company, which determination shall be conclusive. The Optionee shall be considered to have been discharged "for cause" if the Company determines, within 30 days after the Optionee's resignation, that discharge for cause was warranted.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Epresence Inc)

Discharge for Cause. If the Optionee, prior to the Expiration Date, ceases his relationship with the Company because such relationship is discharged terminated by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon such cessation of employmentcessation. "Cause" shall mean willful misconduct in connection with by the Optionee's employment Optionee or willful failure to perform his or her employment responsibilities in the best interests of the Company (including, without limitation, breach by the Optionee of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Optionee and the Company), as determined by the Company, which determination shall be conclusive. The Optionee shall be considered to have been discharged for "for cause" if the Company determines, within 30 days after the Optionee's ' s resignation, that discharge for cause was warranted. 4.

Appears in 1 contract

Samples: Stock Incentive Plan Non Statutory Stock Option Agreement (Mapinfo Corp)

Discharge for Cause. If the Optionee, prior to the Initial Option Expiration Date or the Supplemental Option Expiration Date, is discharged by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon such cessation of employment. "Cause" shall mean willful misconduct in connection with by the Optionee's employment Optionee or willful failure to perform his or her employment responsibilities in the best interests of the Company (including, without limitation, breach by the Optionee of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Optionee and the Company), as determined by the Board of Directors of the Company, which determination shall be conclusive. The Optionee shall be considered to have been discharged "for cause" if the Company determines, within 30 days after the Optionee's ’s resignation, that discharge for cause was warranted.

Appears in 1 contract

Samples: Employment Agreement (MetaMorphix Inc.)

Discharge for Cause. If the Optionee, prior to the Expiration Date, is discharged by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon such cessation of employment. "Cause" shall mean willful misconduct in connection with by the Optionee's employment Optionee or willful failure to perform his or her employment responsibilities in the best interests of the Company (including, without limitation, breach by the Optionee of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Optionee and the Company), as determined by the Company, which determination shall be conclusive. The Optionee shall be considered to have been discharged "for cause" if the Company determines, within 30 days after the Optionee's ’s resignation, that discharge for cause was warranted.

Appears in 1 contract

Samples: Non Statutory Stock Option Agreement (Biosphere Medical Inc)

Discharge for Cause. If the Optionee, prior to the Expiration Date, ceases his or her relationship with the Company because he or she is discharged by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon such cessation of employment. "Cause" shall mean willful misconduct in connection with the Optionee's employment ’s director responsibilities or willful failure to perform his or her employment director responsibilities in the best interests of the Company (including, without limitation, breach by the Optionee of any provision legal duty to the Company or breach of any employment, nondisclosure, non-competition or other similar agreement between the Optionee and the Company), as determined by the Company, which determination shall be conclusive. The Optionee shall be considered to have been discharged "for cause" if the Company determines, within 30 days after of the Optionee's ’s resignation, that discharge for cause was warranted.

Appears in 1 contract

Samples: Director Stock Option Agreement (Idexx Laboratories Inc /De)

Discharge for Cause. If the Optionee, prior to the Expiration Date, is discharged by the Company for "cause" (as defined below), the right to exercise this option shall terminate immediately upon such cessation of employment. "Cause" shall mean willful misconduct in connection with the Optionee's ’s employment or willful failure to perform his or her employment responsibilities in the best interests of the Company (including, without limitation, breach by the Optionee of any provision of any employment, nondisclosurenon-disclosure, non-competition or other similar agreement between the Optionee and the Company), as determined by the Company, which determination shall be conclusive. The Optionee shall be considered to have been discharged "for cause" if the Company determines, within 30 days after the Optionee's ’s resignation, that discharge for cause was warranted.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Distributed Energy Systems Corp)

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