For Due Cause. Nothing herein shall prevent Company from terminating Employee, without prior notice, for Due Cause, in which event Employee shall be entitled to receive his Base Salary on a pro rata basis to the date of termination and all compensation and benefits described in this Agreement shall then cease. The term "Due Cause" shall mean:
For Due Cause. Nothing herein shall prevent the Company from terminating, without prior notice, the Executive for "Due Cause" (as hereinafter defined), in which event the Executive shall be entitled to receive his Base Salary on a pro rata basis to the date of termination. In the event of such termination for Due Cause, all other rights and benefits the Executive may have under the employee and/or group or senior executive benefit plans and programs of the Company, generally, shall be determined in accordance with the terms and conditions of such plans and programs. The term "Due Cause" shall mean (i) the Executive has committed a willful serious act, such as embezzlement, against the Company intending to enrich himself at the expense of the Company or been convicted of a felony, (ii) the Executive has engaged in conduct which has caused demonstrable and serious injury, monetary or otherwise, to the Company as evidenced by a binding and final judgment, order or decree of a court or administrative agency of competent jurisdiction in effect after exhaustion of all rights of appeal of the action, suit or proceeding, whether civil, criminal, administrative or investigative, (iii) the Executive, in carrying out his duties hereunder, has been guilty of willful gross neglect or willful gross misconduct, resulting in either case in material harm to the Company, or (iv) the Executive has refused to carry out his duties in gross dereliction of duty and, after receiving notice to such effect from the Board, the Executive fails to cure the existing problem within 30 days.
For Due Cause. If the Company has Due Cause (as defined below) to terminate the Employee’s employment, the Company will be entitled to terminate the Employee’s employment at any time by delivering written notice of that termination to the Employee, in which event (i) that termination will be effective immediately on the delivery of that notice, (ii) the Company will pay to the Employee his Base Salary accrued and unpaid to the date of that termination, and (iii) all the rights and benefits the Employee may have under any Company employee benefit plans or stock option awards, stock grant awards or other equity based incentive awards (“Equity Awards”) will be determined in accordance with the terms and conditions of those plans or Equity Awards.
For Due Cause. If the Company has Due Cause (as hereinafter defined) to terminate the Employee's Employment, the Company will be entitled to terminate the Employee's Employment at any time by delivering written notice of that termination to the Employee, in which event (i) that termination will be effective immediately on the delivery of that notice, (ii) the Company will pay to the Employee his Base Salary accrued and unpaid to the date of that termination and (iii) all the rights and benefits the Employee may have under the employee benefit, bonus and/or stock option plans and programs of the Company, if any, will be determined in accordance with the terms and conditions of those plans and programs. "Due Cause" means: (i) the Employee has committed a willful serious act, such as fraud, embezzlement or theft, against any member of the ARS Group, intending to enrich himself at the expense of the Company or that member; (ii) the Employee has been convicted of a felony (or entered a plea of nolo contendre to a felony charge); (iii) the Employee has engaged in conduct that has caused demonstrable and serious injury, monetary or otherwise, to any member of the ARS Group; (iv) the Employee, in carrying out his duties hereunder, has been guilty of gross neglect or gross misconduct; (v) the Employee has (A) refused to carry out his duties hereunder in gross dereliction of those duties and, after receiving written notice to such effect from the Company, (B) failed to cure the existing problem within five days; or (vi) the Employee has materially breached this Agreement and has not remedied that breach within five days after receipt of written notice from the Company that the breach has occurred.
For Due Cause. Nothing herein shall prevent Company from terminating Consultant, without prior notice, for Due Cause, in which event Consultant shall be entitled to receive his Compensation until the date of termination and thereafter Compensation shall cease. The term "Due Cause" shall mean:
For Due Cause. Nothing herein shall prevent the Employer from terminating, without prior notice, the Employee for "Due Cause" (as hereinafter defined), in which event the Employee shall be entitled to receive his Base Salary on a pro rata basis to the date of termination and any Additional Compensation that has been awarded to or earned by the Employee but not yet paid. In the event of such termination for Due Cause, all other rights and benefits the Employee may have under any benefit plans or programs of the Employer shall be determined in accordance with the terms and conditions of such plans or programs as if the Employee had voluntarily terminated his employment (e.g., he shall be entitled to any vested amounts under the 401(k) plan and to be paid for any accrued and unpaid vacation through the date of termination). The term "Due Cause" shall mean (i) the Employee has (A) committed a willful serious act, such as fraud, embezzlement or theft, (B) committed any act against the Employer or any other Buckeye Company intending to enrich himself at the expense of the Employer or any Buckeye Company, or (C) made any unauthorized use or disclosure of any trade secret or other confidential information (including any Confidential Information), whether pertaining to the business of the Employer or any Buckeye Company or otherwise, (ii) the Employee has been convicted of a felony or commits an act constituting a felony, (iii) the Employee has engaged in conduct which has caused or could cause material, significant or serious injury, whether monetary or otherwise, to the Employer or any other Buckeye Company, (iv) the Employee, in carrying out his duties hereunder, has been guilty of negligence or willful misconduct, (v) in the good faith determination of the Employer, the Employee’s performance, or the performance of the business operations for which the Employee is responsible, has failed to meet the goals and expectations established by the Employer, provided that such goals and expectations have been communicated to the Employee and the Employee has been provided with a specified period of time, as determined in good faith by the Employer, to achieve or accomplish such goals and expectations and, if the Employee fails to achieve or accomplish such goals and expectations but is diligently attempting to cure such failure, such failure has not been cured within a reasonable period of time not to exceed thirty (30) days after receipt of written notice from the Employer specifyin...
For Due Cause. Nothing herein shall prevent the Company from ------------- terminating, without prior notice, the Executive for "Due Cause" (as hereinafter defined), in which event the Executive shall be entitled to receive his Base Salary on a pro rata basis to the date of termination. In the event of such termination for Due Cause, all other rights and benefits the Executive may have under the senior executive, group or employee benefit plans and programs of the Company, generally, shall
For Due Cause. (i) If the Company has Due Cause (as hereinafter defined) to terminate the Employee’s employment, the Company will be entitled to terminate the Employee’s employment at any time by delivering written notice of that termination to the Employee, in which event (a) that termination will be effective immediately on the date specified in that notice, (b) the Company will only be obligated to pay to the Employee his Salary accrued and unpaid to the date of that termination; and (c) all the rights and benefits the Employee may have under the employee benefit, vacation, bonus and/or incentive plans and programs of the Company, that shall have been approved or adopted by the Board, if any, will be determined in accordance with the terms and conditions of those plans and programs;
For Due Cause. The Company may terminate the Executive's employment for "Due Cause" (as hereinafter defined) at any time and without prior notice, in which event this Agreement shall terminate and the Executive shall be entitled to receive (i) his Base Salary on a pro rata basis to the date of termination, and (ii) a cash payment equal to the amount of any earned but unpaid Quarterly Bonus in respect of any quarterly period ended prior to the quarter in which such termination occurs. In the event of such termination for Due Cause, all other rights and benefits the Executive may have under the employee and/or group or executive benefit plans and programs of the Company, generally, shall be determined in accordance with the terms and conditions of such plans and programs. The term "Due Cause" shall mean (i) habitual neglect of the Executive's duties or failure by the Executive to perform or observe any obligation of employment that is not remedied within 30 days after written notice thereof from the Board, (ii) any material breach of this Agreement, or (iii) the conviction of or a plea of guilty or nolo contendere by the Executive to a felony or misdemeanor involving fraud, embezzlement, theft or dishonesty or other criminal conduct.
For Due Cause. The employment of Cederna hereunder ------------- may be termxxxxxx by the Company's Board of Directors at any time, without notice, for Due Cause (as hereinafter defined. For purposes hereof, "Due Cause" shall mean (1) Cederna's gross negligence or willful misconduct in the discharge of his duties and responsibilities as determined in good faith by the Board of Directors of the Company; (ii) Cederna's material failure to obey appropriate written instructions from the Board of Directors of the Company, which failure has the effect of materially injuring the business or business relationships of the Company; (iii) Cederna's conviction of a felony or of any other crime which relates to dishonesty; (iv) Cederna's breach of his duty of loyalty to the Company which breach has the effect of materially injuring the Company; (v) a final determination by a court or governmental agency that Cederna failed to comply with an applicable law, ordinance, rule or rxxxxxxxon materially affecting the Company for which Cederna, in his capacity as the chief executive officer, was directly xxxxxxsible; or (vi) the material breach of any term or provision of this Agreement by Cederna.
