Termination for Cause and Voluntary Termination. If your employment terminates for any of the following reasons: (a) your death, disability, or legal incompetence; (b) the issuance by Agilysys of a notice terminating your employment “for Cause” (which, for these purposes, means: (i) breach of any term of this Agreement or any other duty to Agilysys; (ii) dishonesty, fraud, or failure to abide by the published ethical standards, conflict of interest, or other policies of Agilysys; (iii) your conviction for any felony crime, or for any other crime involving misappropriation of money or other property of Agilysys; (iv) misconduct, malfeasance or insubordination; or (v) gross failure to perform under this Agreement (not including simply a failure to attain quantitative targets); or (c) you voluntarily resign your employment, then your salary will end on the Termination Date.
Termination for Cause and Voluntary Termination. (a) Notwithstanding any other provision of this Employment Agreement, Glasstech may terminate the Executive Employee's employment at any time for Cause (as hereinafter defined) and the Executive Employee may voluntarily terminate the Executive Employee's employment with Glasstech. Upon such termination for Cause or upon Executive Employee's voluntary termination, Executive Employee shall not participate in the Performance Bonus (pursuant to Section 3.2) for the fiscal year in which his termination occurred, and Executive Employee shall automatically forfeit those shares of Restricted Stock for which the restrictions would have lapsed (pursuant to Section 3.3) in the contract year in which his termination occurred and any subsequent year and shall participate in the Performance Share Program as set forth therein. Upon such termination for Cause or upon Executive Employee's voluntary termination, the Executive Employee shall be entitled to, except as restricted in the preceding sentence, receive any salary and other benefits earned or accrued, and reimbursement for expenses incurred, prior to the date of termination.
Termination for Cause and Voluntary Termination. If the Consultant’s employment with the Company is terminated by the Company for Cause (as defined below) or if the Consultant voluntarily terminates employment for any reason other than Disability, the Company’s obligation to make the payments or provide the benefits listed under Section 3 of this Agreement shall immediately terminate as of the date of the Consultant’s termination except to the extent that such payment(s) or benefit(s) are earned as of such date. For purposes of this Agreement, “Cause” shall mean: (i) the Consultant’s willful and continued failure to substantially perform his duties and other obligations under this Agreement and such failure continues for a period of thirty (30) days after written notice by the Company of the existence of such failure; provided, however, that only one such notice by the Company need be sent and, if such failure re-occurs thereafter, no further notice and opportunity to cure such failure shall be required; (ii) the willful engaging by the Consultant in gross misconduct materially and demonstrably injurious to the Company, as determined by the Company; or (iii) the Consultant’s conviction for committing an act of fraud, embezzlement, theft or other act constituting a felony (which shall not include any act or offense involving the operation of a motor vehicle); provided, however, that the Board of Directors of the Company or the then current Chairman of the Board must first provide to Consultant written notice clearly and fully describing the particular acts or omissions which the Board or the then current Chairman of the Board reasonably believes in good faith constitutes Cause under this subsection (b) and an opportunity, within thirty (30) days following the receipt of such notice, to meet in person with the Board of Directors or the then current Chairman of the Board to explain the alleged acts or omissions relied upon by the Board of Directors and, to the extent practicable, to cure such acts or omissions. For purposes of this Agreement, any termination of the Consultant’s employment for Cause shall be effective only upon delivery to the Consultant of a certified copy of a resolution of the Board of Directors of the Company, adopted by the affirmative vote of a majority of the entire membership of the Board of Directors following a meeting at which the Consultant was given an opportunity to be heard on at least five (5) business days’ advance notice, finding that the Consultant was guilty of the conduc...
Termination for Cause and Voluntary Termination. Notwithstanding any other provision of this Agreement to the contrary, if Executive is terminated for Cause, all benefits under this Agreement shall be forfeited by Executive and Executive’s participation in the Agreement shall become null and void.
Termination for Cause and Voluntary Termination. If your employment terminates for any of the following reasons: (a) your death, disability, or legal incompetence; (b) the issuance by Agilysys of a notice terminating your employment “for Cause” (which, for these purposes, means: (i) your conviction of a crime involving misappropriation of money or other property or conviction of a felony, or a guilty plea or plea of nolo contendere by you with respect to a felony, (ii) conduct by you that is Prohibited Activity under Section 9.C. below, (iii) conduct by you that breaches your duty of loyalty to the Company or your willful misconduct, any of which materially injures the Company, or (iv) a willful and material breach by you of your material obligations under any agreement entered into between you and the Company that materially injures the Company, or (v) your failure to substantially perform your reasonable duties with the Company (other than by reason of your disability) that materially injures the Company (the failure to make target budgets is not such a failure, nor shall you be required to take any action that you reasonably believe violates any law or Company policy); or (c) you voluntarily resign your employment without Good Reason, then your salary will end on the Termination Date, provided that you still will be paid accrued but unpaid base salary, any performance shares for the prior year which were vested and earned but not yet issued, if the Termination is after three months of the start of a fiscal year the prorated performance shares for that year, and any earned and unused vacation pay and be reimbursed for any unreimbursed expenses. Notwithstanding any contrary provision of this Agreement, a termination of your employment shall not be for “Cause” under Section 7.A.(b)(iii) and (iv) unless Agilysys notifies you in writing of the alleged failure or breach that the Company claims constitutes Cause, and you fail to substantially cure such failure or breach (if it can be cured) within thirty (30) days of your receipt of such notice.
Termination for Cause and Voluntary Termination. If your employment terminates for any of the following reasons: (i) your death, disability, or legal incompetence; (ii) the issuance by Agilysys of a notice terminating your employment for Cause; or (iii) you voluntarily resign your employment, then your salary will end on the Termination Date. For purposes of this Agreement “for Cause” means:
Termination for Cause and Voluntary Termination. Termination for Cause may be effected by the Company at any time during the Term and shall be effected by written notification to Employee. Upon Termination for Cause or Voluntary Termination, Employee shall be paid all accrued but unpaid base salary to the effective date of termination, but Employee shall not be paid any other compensation or reimbursement of any kind, including, without limitation, severance compensation or bonus, other than as required by law or pursuant to the Company’s benefit plans or reimbursement of expenses incurred as of the effective date of termination in accordance with Company policy.
Termination for Cause and Voluntary Termination. If Executive's employment is terminated by the Company for Cause (as defined below), or if Executive voluntarily terminates the employment by the Company without Good Reason (as defined below), Executive shall be entitled to receive no other payments except: (i) the Base Compensation through the date of termination; (ii) any unpaid reimbursement of business expenses; and (iii) any amounts or benefits required by law to be provided.
Termination for Cause and Voluntary Termination. In the event of Termination for Cause or Voluntary Termination, the Company shall pay salary and provide benefits to the Employee through the date of termination of his employment and shall have no further obligation to the Employee thereafter pursuant to Section III. or Section IV. of this Agreement.
Termination for Cause and Voluntary Termination. Notwithstanding any other provision of this Plan to the contrary, if Executive is terminated for Cause or voluntarily Separates from Service prior to the attainment of his Early Retirement Age, other than for Good Reason, all benefits under this Plan shall be forfeited by Executive and Executive’s participation in this Plan shall become null and void.
