Common use of Termination by Employer for Employer Cause Clause in Contracts

Termination by Employer for Employer Cause. Termination of Employee's employment for "Employer Cause" shall mean termination of Employee's employment by Employer for any of the following: (a) Employee's gross negligence or willful misconduct in the performance of the duties and services required of Employee pursuant to this Agreement, (b) Employee's final conviction of, or plea of guilty or nolo contendere to, a felony or Employee engaging in fraudulent or criminal activity relating to the scope of Employee's employment (whether or not prosecuted), (c) a material violation of Alpha Natural Resources' Code of Ethics, (d) Employee's material breach of any material provision of this Agreement, provided that Employee has received written notice from the Employer and been afforded a reasonable opportunity (not to exceed 30 days) to cure such breach, (e) any continuing or repeated failure to perform the duties as requested in writing by the Employee's supervisor(s) or the Board of Directors after Employee has been afforded a reasonable opportunity (not to exceed 30 days) to cure such breach, (f) the conviction of a felony or crime involving moral turpitude, or (g) conduct which brings Employer and/or the Employer Entities into public disgrace or disrepute in any material respect. Determination as to whether or not Employer Cause exists for termination of Employee's employment will be made by the Board of Directors.

Termination by Employer for Employer Cause. Termination Employer termination of Employee's employment for "Employer Cause" shall mean termination of Employee's employment by Employer for any of the following: (a) Employee's gross negligence or willful misconduct in the performance of the duties and services required of Employee pursuant to this Agreement, (b) Employee's final conviction of, of or plea of guilty or nolo contendere to, to a felony or Employee engaging in fraudulent or criminal activity relating to the scope of Employee's employment (whether or not prosecuted), (c) a material violation of Alpha Natural Resources' Employer's Code of EthicsBusiness Conduct, (d) Employee's material breach of any material provision of this Agreement, provided that Employee has received written notice from the Employer and been afforded a reasonable opportunity (not to exceed 30 days) to cure such breach, (e) any continuing or repeated failure to perform the duties as requested in writing by the Employee's supervisor(s) or the Board of Directors of Employer after Employee has been afforded a reasonable opportunity (not to exceed 30 days) to cure such breach, (f) the conviction commission of a felony or crime involving moral turpitude, turpitude or (g) conduct which brings Employer and/or the Employer Entities into public disgrace or disrepute in any material respect. Determination as to whether or not Employer Cause exists for termination of Employee's employment will be made by the Board of Directors.

Termination by Employer for Employer Cause. Termination of Employee's ’s employment for "“Employer Cause" ” shall mean termination of Employee's ’s employment by Employer for any of the following: (a) Employee's ’s gross negligence or willful misconduct in the performance of the duties and services required of Employee pursuant to this Agreement, (b) Employee's ’s final conviction of, or plea of guilty or nolo contendere to, a felony or Employee engaging in fraudulent or criminal activity relating to the scope of Employee's ’s employment (whether or not prosecuted), (c) a material violation of Alpha Natural Resources' Employer’s Code of Ethics, (d) Employee's ’s material breach of any material provision of this Agreement, provided that Employee has received written notice from the Employer and been afforded a reasonable opportunity (not to exceed 30 days) to cure such breach, (e) any continuing or repeated failure to perform the duties as requested in writing by the Employee's ’s supervisor(s) or the Board of Directors after Employee has been afforded a reasonable opportunity (not to exceed 30 days) to cure such breach, (f) the conviction of a felony or crime involving moral turpitude, or (g) conduct which brings Employer and/or the Employer Entities into public disgrace or disrepute in any material respect. Determination as to whether or not Employer Cause exists for termination of Employee's ’s employment will be made by the Board of Directors.

Termination by Employer for Employer Cause. Termination of Employee's employment for "Employer Cause" shall mean termination of Employee's employment by Employer for any of the following: (a) Employee's gross negligence or willful misconduct in the performance of the duties and services required of Employee pursuant to this Agreement, (b) Employee's final conviction of, or plea of guilty or nolo contendere to, a felony or Employee engaging in fraudulent or criminal activity relating to the scope of Employee's employment (whether or not prosecuted), (c) a material violation of Alpha Natural Resources' Code of EthicsBusiness Conduct, (d) Employee's material breach of any material provision of this Agreement, provided that Employee has received written notice from the Employer and been afforded a reasonable opportunity (not to exceed 30 days) to cure such breach, (e) any continuing or repeated failure to perform the duties as requested in writing by the Employee's supervisor(s) or the Board of Directors after Employee has been afforded a reasonable opportunity (not to exceed 30 days) to cure such breach, (f) the conviction commission of a felony or crime involving moral turpitude, or (g) conduct which brings Employer and/or the Employer Entities into public disgrace or disrepute in any material respect. Determination as to whether or not Employer Cause exists for termination of Employee's employment will be made by the Board of Directors.

Termination by Employer for Employer Cause. Termination of Employee's ’s employment for "“Employer Cause" ” shall mean termination of Employee's ’s employment by Employer for any of the following: (a) Employee's ’s gross negligence or willful misconduct in the performance of the duties and services required of Employee pursuant to this Agreement, (b) Employee's final ’s conviction of, or plea of guilty or nolo contendere to, (x) a felony or (y) a crime involving moral turpitude, (c) Employee engaging in fraudulent or criminal activity relating to the scope of Employee's employment activity, including misappropriation or embezzlement (whether or not prosecuted), (cd) a Employee’s material violation of Alpha Natural Resources' Code of Ethicsany Employer Policy, (de) Employee's ’s breach of any provision of ‎Article 4 or ‎Article 5 of this Agreement, (f) Employee’s material breach of any material other provision of this Agreement, provided that Employee has received written notice from the Employer and been afforded a reasonable opportunity (not to exceed 30 days) to cure such breachbreach (if capable of being cured), (eg) any continuing or repeated failure or refusal by Employee to perform the his material duties as requested in writing by the Employee's supervisor(s) or the Board of Directors after Employee has been afforded a reasonable opportunity (not to exceed 30 days) to cure such breach, breach (f) the conviction if capable of a felony or crime involving moral turpitudebeing cured), or (gh) conduct by Employee which brings Employer and/or the Employer Entities into public disgrace or disrepute in any material respect. Determination as to whether or not Employer Cause exists for termination of Employee's ’s employment will be made by the Board of DirectorsDirectors in its sole discretion.

Termination by Employer for Employer Cause. Termination of Employee's ’s employment for "“Employer Cause" ” shall mean termination of Employee's ’s employment by Employer for any of the following: (a) Employee's ’s gross negligence or willful misconduct in the performance of the duties and services required of Employee pursuant to this Agreement, (b) Employee's final ’s conviction of, or plea of guilty or nolo contendere to, (x) a felony or (y) a crime involving moral turpitude, (c) Employee engaging in fraudulent or criminal activity relating to the scope of Employee's employment activity, including misappropriation or embezzlement (whether or not prosecuted), (cd) a Employee’s material violation of Alpha Natural Resources' Code of Ethicsany Employer Policy, (de) Employee's ’s breach of any provision of Article 4 or Article 5 of this Agreement, (f) Employee’s material breach of any material other provision of this Agreement, provided that Employee has received written notice from the Employer and been afforded a reasonable opportunity (not to exceed 30 thirty (30) days) to cure such breachbreach (if capable of being cured), (eg) any continuing or repeated failure or refusal by Employee to perform the his material duties as requested in writing by the Employee's supervisor(s) or the Board of Directors after Employee has been afforded a reasonable opportunity (not to exceed 30 thirty (30) days) to cure such breach, breach (f) the conviction if capable of a felony or crime involving moral turpitudebeing cured), or (gh) conduct by Employee which brings Employer and/or the Employer Entities into public disgrace or disrepute in any material respect. Determination as to whether or not Employer Cause exists for termination of Employee's ’s employment will be made by the Board of DirectorsDirectors in its sole discretion.

Termination by Employer for Employer Cause. Termination of Employee's ’s employment for "“Employer Cause" ” shall mean termination of Employee's ’s employment by Employer for any of the following: (a) Employee's ’s gross negligence or willful misconduct in the performance of the duties and services required of Employee pursuant to this Agreement, (b) Employee's final ’s conviction of, or plea of guilty or nolo contendere to, (x) a felony or (y) a crime involving moral turpitude, (c) Employee engaging in fraudulent or criminal activity relating to the scope of Employee's employment activity, including misappropriation or embezzlement (whether or not prosecuted), (cd) a Employee’s material violation of Alpha Natural Resources' Code of Ethicsany Employer Policy, (de) Employee's ’s breach of any provision of Article 4 or Article 5 of this Agreement, (f) Employee’s material breach of any material other provision of this Agreement, provided that Employee has received written notice from the Employer and been afforded a reasonable opportunity (not to exceed 30 days) to cure such breachbreach (if capable of being cured), (eg) any continuing or repeated failure or refusal by Employee to perform the his material duties as requested in writing by the Employee's supervisor(s) or the Board of Directors after Employee has been afforded a reasonable opportunity (not to exceed 30 days) to cure such breach, breach (f) the conviction if capable of a felony or crime involving moral turpitudebeing cured), or (gh) conduct by Employee which brings Employer and/or the Employer Entities into public disgrace or disrepute in any material respect. Determination as to whether or not Employer Cause exists for termination of Employee's ’s employment will be made by the Board of DirectorsDirectors in its sole discretion.

Termination by Employer for Employer Cause. Termination of Employee's employment for "Employer Cause" shall mean termination of Employee's employment by Employer for any of the following: (a) Employee's gross negligence or willful misconduct in the performance of the duties and services required of Employee pursuant to this Agreement, (b) Employee's final conviction of, or plea of guilty or nolo contendere to, a felony or Employee engaging in fraudulent or criminal activity relating to the scope of Employee's employment (whether or not prosecuted), (c) a material violation of Alpha Natural Resources' Alpha's Code of Ethics, (d) Employee's material breach of any material provision of this Agreement, provided that Employee has received written notice from the Employer and been afforded a reasonable opportunity (not to exceed 30 days) to cure such breach, (e) any continuing or repeated failure to perform the duties as requested in writing by the Employee's supervisor(s) or the Board of Directors after Employee has been afforded a reasonable opportunity (not to exceed 30 days) to cure such breach, (f) the conviction of a felony or crime involving moral turpitude, or (g) conduct which brings Employer and/or the Employer Entities into public disgrace or disrepute in any material respect. Determination as to whether or not Employer Cause exists for termination of Employee's employment will be made by the Board of Directors.