Common use of For Cause by the Company Clause in Contracts

For Cause by the Company. Notwithstanding any other provision of this Agreement, Executive’s employment hereunder may be terminated by the Company at any time for Cause. For purposes of this Agreement, “Cause” shall mean: (i) Executive’s failure to follow the reasonable instructions of the President or Chief Executive Officer or otherwise perform Executive’s duties hereunder (other than as a result of a Disability (as defined in Section 5.3)) for thirty (30) days after a written demand for performance is delivered to Executive on behalf of the Company, which demand specifically identifies the manner in which the Company alleges that Executive has not substantially followed such instructions or otherwise performed Executive’s duties; (ii) material violation by Executive of the Company’s Code of Conduct; (iii) Executive’s willful misconduct that is materially injurious to the Company (whether from a monetary perspective or otherwise); (iv) Executive’s willful commission of an act constituting fraud with respect to the Company; (v) conviction of Executive for a felony under the laws of the United States or any state thereof; or (vi) Executive’s material breach of Executive’s obligations under Sections 7 or 8 hereof. If Executive’s employment is terminated by the Company for Cause, all compensation and benefits provided to Executive by the Company pursuant to this Agreement or otherwise shall cease as of the Termination Date, except that the Company shall pay Executive all Base Salary owed to Executive for work performed prior to the Termination Date, plus the cash value of any accrued but unused PTO, as of the Termination Date.

For Cause by the Company. Notwithstanding any other provision of this Agreement, Executive’s 's employment hereunder may be terminated by the Company at any time for Cause. For purposes of this Agreement, “"Cause” " shall mean: mean (i) Executive’s 's willful failure to follow the reasonable instructions of the President or Chief Executive Officer or otherwise perform Executive’s his duties hereunder (other than as a result of a Disability (as defined in Section 5.3)total or partial incapacity due to physical or mental illness) for thirty (30) days after a written demand for performance is delivered to Executive on behalf of the Company, Company which demand specifically identifies the manner in which the Company alleges it is alleged that Executive has not substantially followed such instructions or otherwise performed Executive’s his duties; , (ii) material violation by Executive Executive's dishonesty in the performance of the Company’s Code of Conduct; his duties hereunder, (iii) Executive’s willful misconduct that is materially injurious to the Company (whether from a monetary perspective or otherwise); (iv) Executive’s willful commission of an act or acts on Executive's part involving moral turpitude or constituting fraud with respect to the Company; (v) conviction of Executive for a felony under the laws of the United States or any state thereof; , or (viiv) Executive’s 's material breach of Executive’s his obligations under Sections Section 6 and 7 or 8 hereof, which breach shall remain uncured by Executive for thirty (30) days following receipt of notice from the Company specifying such breach. If Executive’s 's employment is terminated by the Company for Cause, all compensation and benefits provided to Executive by the Company pursuant to this Agreement or otherwise shall cease as of the Termination Date, except that the Company shall pay Executive all a lump sum amount equal to the Base Salary owed through the last day of his actual employment by the Company. The payment to Executive for work performed prior to the Termination Date, plus the cash value of any accrued but unused PTO, as other benefits following the termination of Executive's employment pursuant to this Section 5.2 shall be determined by the Board in its sole discretion in accordance with the policies and practices of the Termination DateCompany.

For Cause by the Company. Notwithstanding any other provision of this Agreement, Executive’s employment hereunder may be terminated by the Company at any time for Cause. For purposes of this Agreement, “Cause” shall mean: (i) Executive’s failure to follow the reasonable instructions of the President or Chief Executive Officer CEO or otherwise perform Executive’s duties hereunder (other than as a result of a Disability (as defined in Section 5.3)) for thirty (30) days after a written demand for performance is delivered to Executive on behalf of the Company, which demand specifically identifies the manner in which the Company alleges that Executive has not substantially followed such instructions or otherwise performed Executive’s duties; (ii) material violation by Executive of the Company’s Code of Conduct; (iii) Executive’s willful misconduct that is materially injurious to the Company (whether from a monetary perspective or otherwise); (iv) Executive’s willful commission of an act constituting fraud with respect to the Company; (v) conviction of Executive for a felony under the laws of the United States or any state thereof; or (vi) Executive’s material breach of Executive’s obligations under Sections 7 or 8 hereof. If Executive’s employment is terminated by the Company for Cause, all compensation and benefits provided to Executive by the Company pursuant to this Agreement or otherwise shall cease as of the Termination Date, except that the Company shall pay Executive all Base Salary owed to Executive for work performed prior to the Termination Date, plus the cash value of any accrued but unused PTO, as of the Termination Date.

For Cause by the Company. Notwithstanding any other provision of this Agreement, Executive’s 's employment hereunder may be terminated by the Company at any time for Cause. For purposes of this Agreement, “"Cause” " shall mean: (i) Executive’s 's arbitrary, unreasonable, or willful failure to follow the reasonable instructions of the President or Chief Executive Officer or otherwise perform Executive’s 's duties hereunder (other than as a result of a Disability (as defined in Section 5.3)) for thirty (30) days after a written demand for performance is delivered to Executive on behalf of the Company, Company which demand specifically identifies the manner in which the Company alleges that Executive has not substantially followed such instructions or otherwise performed Executive’s 's duties; (ii) material violation by Executive of the Company’s Code of Conduct; (iii) Executive’s 's willful misconduct that is materially injurious to the Company (whether from a monetary perspective or otherwise); (iviii) Executive’s 's willful commission of an act constituting fraud with respect to the Company; (viv) conviction of Executive for a felony under the laws of the United States or any state thereof; or (viv) Executive’s 's material breach of Executive’s 's obligations under Sections 7 or 8 Section 6 hereof. If Executive’s 's employment is terminated by the Company for Cause, all compensation and benefits provided to Executive by the Company pursuant to this Agreement or otherwise shall cease as of the Termination Date, except that the Company shall pay Executive all Base Salary amounts owed to Executive for work performed prior to the Termination Date, plus the cash value of any accrued but unused PTO, as of the Termination Date. The payment to Executive of any other benefits following the termination of Executive's employment pursuant to this Section 5.2 shall be determined by the Board in its sole discretion in accordance with the policies and practices of the Company and applicable laws.

For Cause by the Company. Notwithstanding any other provision of this Agreement, Executive’s 's employment hereunder may be terminated by the Company at any time for Cause. For purposes of this Agreement, “"Cause” " shall mean: (i) Executive’s 's arbitrary, unreasonable, or willful failure to follow the reasonable instructions of the President or Chief Executive Officer Board or otherwise perform Executive’s 's duties hereunder (other than as a result of a Disability (as defined in Section 5.3)) for thirty (30) days after a written demand for performance is delivered to Executive on behalf of the Company, Company which demand specifically identifies the manner in which the Company alleges that Executive has not substantially followed such instructions or otherwise performed Executive’s 's duties; (ii) material violation by Executive of the Company’s Code of Conduct; (iii) Executive’s 's willful misconduct that is materially injurious to the Company (whether from a monetary perspective or otherwise); (iviii) Executive’s 's willful commission of an act constituting fraud with respect to the Company; (viv) conviction of Executive for a felony under the laws of the United States or any state thereof; or (viv) Executive’s 's material breach of Executive’s 's obligations under Sections 7 or 8 Section 6 hereof. If Executive’s 's employment is terminated by the Company for Cause, all compensation and benefits provided to Executive by the Company pursuant to this Agreement or otherwise shall cease as of the Termination Date, except that the Company shall pay Executive all Base Salary amounts owed to Executive for work performed prior to the Termination Date, plus the cash value of any accrued but unused PTO, as of the Termination Date. The payment to Executive of any other benefits following the termination of Executive's employment pursuant to this Section 5.2 shall be determined by the Board in its sole discretion in accordance with the policies and practices of the Company and applicable laws.

For Cause by the Company. Notwithstanding any other provision of this Agreement, Executive’s employment hereunder may be terminated by the Company at any time for Cause. For purposes of this Agreement, “Cause” shall mean: (i) Executive’s arbitrary, unreasonable, or willful failure to follow the reasonable instructions of the President or Chief Executive Officer CEO or otherwise perform Executive’s duties hereunder (other than as a result of a Disability (as defined in Section 5.3)) for thirty (30) days after a written demand for performance is delivered to Executive on behalf of the Company, Company which demand specifically identifies the manner in which the Company alleges that Executive has not substantially followed such instructions or otherwise performed Executive’s duties; (ii) material violation by Executive of the Company’s Code of Conduct; (iii) Executive’s willful misconduct that is materially injurious to the Company (whether from a monetary perspective or otherwise); (iviii) Executive’s willful commission of an act constituting fraud with respect to the Company; (viv) conviction of Executive for a felony under the laws of the United States or any state thereof; or (viv) Executive’s material breach of Executive’s obligations under Sections 7 Section 6 hereof or 8 hereofunder the Employee Non-Disclosure and Inventions Agreement in the form attached hereto as Exhibit E, to be executed by Executive as of the Execution Date (the “NDA”). If Executive’s employment is terminated by the Company for Cause, all compensation and benefits provided to Executive by the Company pursuant to this Agreement or otherwise shall cease as of the Termination Date, except that the Company shall pay Executive all Base Salary amounts owed to Executive for work performed prior to the Termination Date, plus the cash value of any accrued but unused PTO, as of the Termination Date.

For Cause by the Company. Notwithstanding any other provision of this Agreement, Executive’s employment hereunder may be terminated by the Company at any time for Cause. For purposes of this Agreement, “Cause” shall mean: (i) Executive’s arbitrary, unreasonable, or willful failure to follow the reasonable instructions of the President or Chief Executive Officer CEO or otherwise perform Executive’s duties hereunder (other than as a result of a Disability (as defined in Section 5.3)) for thirty (30) days after a written demand for performance is delivered to Executive on behalf of the Company, Company which demand specifically identifies the manner in which the Company alleges that Executive has not substantially followed such instructions or otherwise performed Executive’s duties; (ii) material violation by Executive of the Company’s Code of Conduct; (iii) Executive’s willful misconduct that is materially injurious to the Company (whether from a monetary perspective or otherwise); (iviii) Executive’s willful commission of an act constituting fraud with respect to the Company; (viv) conviction of Executive for a felony under the laws of the United States or any state thereof; or (viv) Executive’s material breach of Executive’s obligations under Sections Section 7 or 8 hereof. A final determination of whether Cause exists shall be made by the Board of Directors. If Executive’s employment is terminated by the Company for Cause, all compensation and benefits provided to Executive by the Company pursuant to this Agreement or otherwise shall cease as of the Termination Date, except that the Company shall pay Executive all Base Salary amounts owed to Executive for work performed prior to the Termination Date, plus the cash value of any accrued but unused PTO, as of the Termination Date.

For Cause by the Company. Notwithstanding any other provision of this Agreement, Executive’s employment hereunder may be terminated by the Company at any time for Cause. For purposes of this Agreement, “Cause” shall mean: (i) Executive’s failure to follow the reasonable instructions of the President or Chief Executive Officer Board or otherwise perform Executive’s duties hereunder (other than as a result of a Disability (as defined in Section 5.3)) for thirty (30) days after a written demand for performance is delivered to Executive on behalf of the Company, which demand specifically identifies the manner in which the Company alleges that Executive has not substantially followed such instructions or otherwise performed Executive’s duties; (ii) material violation by Executive of the Company’s Code of Conduct; (iii) Executive’s willful misconduct that is materially injurious to the Company (whether from a monetary perspective or otherwise); (iv) Executive’s willful commission of an act constituting fraud with respect to the Company; (v) conviction of Executive for a felony under the laws of the United States or any state thereof; or (vi) Executive’s material breach of Executive’s obligations under Sections 7 or 8 hereof, provided that the Company first provides Executive with written notice of such material breach. A final determination of whether Cause exists under this Agreement, including but not limited to any determination of whether any act or omission of Executive constitutes a “material” violation of the Company’s Code of Conduct, a “material” breach of this Agreement, or is “materially injurious” to the Company, shall be made by the Board. If Executive’s employment is terminated by the Company for Cause, all compensation and benefits provided to Executive by the Company pursuant to this Agreement or otherwise shall cease as of the Termination Date, except that the Company shall pay Executive all Base Salary owed to Executive for work performed prior to the Termination Date, plus the cash value of any accrued but unused PTO, as of the Termination Date.

For Cause by the Company. Notwithstanding any other provision of this Agreement, The Employment Term and the Executive’s employment hereunder may be terminated by the Company at any time for “Cause. .” For purposes of this Agreement, “Cause” shall mean: mean (i) the Executive’s gross neglect of, or willful and continued failure to follow the reasonable instructions of the President or Chief Executive Officer or otherwise perform Executive’s substantially perform, his duties hereunder (other than as a result of a Disability (as defined in Section 5.3total or partial incapacity due to physical or mental illness)) for thirty (30) days after a written demand for performance is delivered to Executive on behalf of the Company, which demand specifically identifies the manner in which the Company alleges that Executive has not substantially followed such instructions or otherwise performed Executive’s duties; (ii) material violation a willful act by the Executive against the interests of the Company’s Code of ConductCompany or its affiliates or which causes or is intended to cause harm to the Company or its affiliates or their stockholders; (iii) the Executive’s willful misconduct that is materially injurious conviction, or plea of no contest or guilty, to the Company (whether from a monetary perspective or otherwise); (iv) Executive’s willful commission of an act constituting fraud with respect to the Company; (v) conviction of Executive for a felony under the laws of the United States or any state thereofthereof or of a lesser offense involving dishonesty, the theft of Company property or moral turpitude; or (viiv) Executive’s a material breach of Executive’s obligations under Sections 7 or 8 hereof. If Executive’s employment is terminated the Agreement by the Company for Cause, all compensation and benefits provided Executive which is not cured by the Executive within twenty (20) days (where the breach is curable) following written notice to the Executive by the Company of the nature of the breach. Upon termination of the Executive’s employment for Cause pursuant to this Section 8(a), the Executive shall be paid within forty-five (45) days of such termination, any earned or accrued and unpaid Base Salary and Benefits and Bonus through the date of termination (provided that any such Bonus shall not be payable until such time as the Executive would have received the Bonus had his employment not terminated), and shall have no additional rights to any compensation or any other benefits under the Agreement or otherwise shall cease as of the Termination Date, except that the Company shall pay Executive all Base Salary owed to Executive for work performed prior to the Termination Date, plus the cash value of any accrued but unused PTO, as of the Termination Dateotherwise.

For Cause by the Company. Notwithstanding any other provision of this Agreement, The Employment Term and the Executive’s 's employment hereunder may be terminated by the Company at any time for “Cause. .” For purposes of this Agreement, “Cause” shall mean: mean (i) the Executive’s 's gross neglect of, or willful and continued failure to follow the reasonable instructions of the President or Chief Executive Officer or otherwise perform Executive’s substantially perform, his duties hereunder (other than as a result of a Disability (as defined in Section 5.3total or partial incapacity due to physical or mental illness)) for thirty (30) days after a written demand for performance is delivered to Executive on behalf of the Company, which demand specifically identifies the manner in which the Company alleges that Executive has not substantially followed such instructions or otherwise performed Executive’s duties; (ii) material violation a willful act by the Executive against the interests of the Company’s Code of ConductCompany or its affiliates or which causes or is intended to cause harm to the Company or its affiliates or their stockholders; (iii) the Executive’s willful misconduct that is materially injurious 's conviction, or plea of no contest or guilty, to the Company (whether from a monetary perspective or otherwise); (iv) Executive’s willful commission of an act constituting fraud with respect to the Company; (v) conviction of Executive for a felony under the laws of the United States or any state thereofthereof or of a lesser offense involving dishonesty, the theft of Company property or moral turpitude; or (viiv) Executive’s a material breach of Executive’s obligations under Sections 7 or 8 hereof. If Executive’s employment is terminated the Agreement by the Company for Cause, all compensation and benefits provided Executive which is not cured by the Executive within 20 days (where the breach is curable) following written notice to the Executive by the Company of the nature of the breach. Upon termination of the Executive's employment for Cause pursuant to this Section 9(a), the Executive shall be paid within 45 days of such termination, any earned or accrued and unpaid Base Salary and Benefits and Bonus through the date of termination (provided that any such Bonus shall not be payable until such time as the Executive would have received the Bonus had his employment not terminated), and shall have no additional rights to any compensation or any other benefits under the Agreement or otherwise shall cease as of the Termination Date, except that the Company shall pay Executive all Base Salary owed to Executive for work performed prior to the Termination Date, plus the cash value of any accrued but unused PTO, as of the Termination Dateotherwise.