Common use of Termination for Cause by Company Clause in Contracts

Termination for Cause by Company. The Company may terminate Employee’s employment at any time for Cause. For purposes of this Agreement, “Cause” is defined as: Employee’s continued neglect or failure to perform his duties and responsibilities satisfactorily, after written notice thereof; willful misconduct by Employee with respect to his duties and responsibilities under this Agreement; conduct which is materially injurious (monetarily or otherwise) to the Company, including without limitation, misuse of Company funds or property; unethical business practices or dishonesty related to the Company’s business; any other material breach by Employee of this Agreement or any noncompetition, nondisclosure and/or invention agreement with the Company; conviction of a felony or misdemeanor involving moral turpitude; or any similar or related act or failure to act by Employee which is materially adversely injurious to the Company. In the event that Employee’s employment is terminated in accordance with this Section 6.1, Employee shall be entitled to receive, on Employee’s first regular payday following his Termination Date, a lump sum payment equal to the following: (i) Employee’s then current Base Salary, prorated to the date of termination of employment (“Termination Date”), and (ii) any accrued unused vacation as of the Termination Date, all of the foregoing to be less required withholding. All other Company obligations to Employee, including but not limited to any bonus as described in Section 4.2 and Severance (as defined in Section 6.2), and excepting the Company’s obligations in Section 8.8 (Dispute Resolution) will automatically terminate and be completely extinguished as of the Termination Date.

Termination for Cause by Company. The Company may terminate Employee’s employment at any time Employee for Cause, if the Board approves the termination by a majority vote. For purposes of this Agreement, “Cause” is defined as: shall mean just and reasonable cause, including (i) material dishonest or fraudulent behavior, or conviction of a felony; (ii) Employee’s continued neglect or failure to refusal to perform his specific directives of Company, which directives are consistent with the scope and nature of Employee’s duties and responsibilities satisfactorilyresponsibilities, and which are not remedied by Employee within thirty (30) days after written notice thereofnotice; willful misconduct (iii) any violation of the covenant not to disclose confidential information regarding the business of Company and its products as set forth in the Proprietary Rights Agreement; (iv) any act of material dishonesty by Employee which adversely affects the business of Company; or (v) Employee’s drunkenness or use of drugs which interferes with respect to Employee’s performance of any of his duties and responsibilities obligations under this Agreement; conduct , and which is materially injurious (monetarily or otherwise) to the Company, including without limitation, misuse of Company funds or property; unethical business practices or dishonesty related to the Company’s business; any other material breach not remedied by Employee of this Agreement or any noncompetition, nondisclosure and/or invention agreement with the Company; conviction of a felony or misdemeanor involving moral turpitude; or any similar or related act or failure to act by Employee which is materially adversely injurious to the Companywithin 30 days after written notice. In the event that Employee’s employment is terminated in accordance with this Section subsection 6.1, Employee shall be entitled to receive, on receive only Employee’s first regular payday following his Termination Date, a lump sum payment equal to the following: (i) Employee’s Base Salary then current Base Salaryin effect, prorated to the date of termination termination, and all benefits accrued through the date of employment termination, as well as reimbursement for expenses made through such date in accordance with Section 5, above (“Termination DateAccrued Benefits”), and (ii) any accrued unused vacation as of the Termination Date, all of the foregoing to be less required withholding. All other Company obligations to Employee, including but Employee pursuant to this Agreement will become automatically terminated and completely extinguished. Employee will not limited be entitled to any bonus as receive the Severance Payment described in Section 4.2 and Severance (as defined in Section 6.2), and excepting the Company’s obligations in Section 8.8 (Dispute Resolution) will automatically terminate and be completely extinguished as of the Termination Datesubsection 6.2 below.

Termination for Cause by Company. The Company may terminate Employee’s 's employment at any time for Cause. For purposes of this Agreement, “Cause” "CAUSE" is defined as: Employee’s 's continued neglect or failure to perform his his/her duties and responsibilities satisfactorily, after written notice thereof; willful misconduct by Employee with respect to his his/her duties and responsibilities under this Agreement; conduct which is materially injurious (monetarily or otherwise) to the Company, including without limitation, misuse of Company funds or property; unethical business practices or dishonesty related to the Company’s 's business; any other material breach by Employee of this Agreement or any noncompetition, nondisclosure and/or invention agreement with the Company; conviction of a felony or misdemeanor involving moral turpitude; or any similar or related act or failure to act by Employee which is materially adversely injurious to the Company. In the event that Employee’s 's employment is terminated in accordance with this Section 6.1, Employee shall be entitled to receive, on Employee’s 's first regular payday following his his/her Termination Date, a lump sum payment equal to the following: (i) any portion of Employee’s then current 's Base Salary, prorated to Salary that has been earned but not yet paid as of the date of termination of employment (“Termination Date”), and (ii) any accrued unused vacation as of the Termination Date, all of the foregoing to be less required withholding. All other Company obligations to Employee, including but not limited to any bonus as described in Section 4.2 and Severance (as defined in Section 6.2), and excepting the Company’s obligations in Section 8.8 (Dispute Resolution) will automatically terminate and be completely extinguished as of the Termination Date.

Termination for Cause by Company. The Company may terminate Employee’s employment at any time for Cause. For purposes of this Agreement, “Cause” is defined as: Employee’s continued neglect or failure to perform his duties and responsibilities satisfactorilyresponsibilities, after written notice thereofthereof and an opportunity to cure; willful misconduct by Employee with respect to his duties and responsibilities under this Agreement; conduct which is materially injurious (monetarily or otherwise) to the Company, including without limitation, misuse of Company funds or property; unethical business practices or dishonesty related to the Company’s business; any other material breach by Employee of this Agreement or any noncompetition, nondisclosure and/or invention agreement with the Company; conviction of a felony or misdemeanor involving moral turpitude(other than a moving vehicle violation); or any similar or related act or failure to act by Employee related to the Company’s business or the Employee’s duties under this Agreement which is materially adversely injurious to the Company. In the event that Employee’s employment is terminated in accordance with this Section 6.1‎6.1, Employee shall be entitled to receive, on Employee’s first regular payday following his Termination Date, a lump sum payment equal to the following: (i) any portion of Employee’s then current Base Salary, prorated to Salary that has been earned but not yet paid as of the date of termination of employment (“Termination Date”), and (ii) any accrued unused vacation as of the Termination Date, all of the foregoing to be less required withholding. All other Company obligations to Employee, including but not limited to any bonus as described in Section 4.2 and Severance (as defined in Section 6.2), and excepting the Company’s obligations in Section 8.8 (Dispute Resolution) will automatically terminate and be completely extinguished as of the Termination Date; provided, however, Employee shall continue to be entitled to any accrued benefits under the Company’s benefit and welfare plans and to indemnification and continued coverage under the Company’s D&O policies.

Termination for Cause by Company. The Company may terminate Employee’s 's employment at any time for Cause. For purposes of this Agreement, “Cause” "CAUSE" is defined as: Employee’s 's continued neglect or failure to perform his his/her duties and responsibilities satisfactorily, after written notice thereof; willful misconduct by Employee with respect to his his/her duties and responsibilities under this Agreement; conduct which is materially injurious (monetarily or otherwise) to the Company, including without limitation, misuse of Company funds or property; unethical business practices or dishonesty related to the Company’s 's business; any other material breach by Employee of this Agreement or any noncompetition, nondisclosure and/or invention agreement with the Company; conviction of a felony or misdemeanor involving moral turpitude; or any similar or related act or failure to act by Employee which is materially adversely injurious to the Company. In the event that Employee’s 's employment is terminated in accordance with this Section 6.1, Employee shall be entitled to receive, on Employee’s 's first regular payday following his his/her Termination Date, a lump sum payment equal to the following: (i) Employee’s 's then current Base Salary, prorated to the date of termination of employment (“Termination Date”"TERMINATION DATE"), and (ii) any accrued unused vacation as of the Termination Date, all of the foregoing to be less required withholding. All other Company obligations to Employee, including but not limited to any bonus as described in Section 4.2 and Severance (as defined in Section 6.2), and excepting the Company’s 's obligations in Section 8.8 (Dispute Resolution) will automatically terminate and be completely extinguished as of the Termination Date.

Termination for Cause by Company. The Although Company anticipates a mutually rewarding employment relationship with Employee, Company may terminate Employee’s 's employment immediately at any time for Cause. For purposes of this Agreement, “"Cause” " is defined as: Employee’s continued neglect (a) acts or failure to perform his duties and responsibilities satisfactorilyomissions constituting gross negligence, after written notice thereof; recklessness or willful misconduct by on the part of Employee with respect to his duties and responsibilities under this Agreement; conduct which is materially injurious (monetarily or otherwise) Employee's obligations to the Company or otherwise relating to the business of Company, including without limitation, misuse of Company funds or property; unethical business practices or dishonesty related to in each case as determined in good faith by the Company’s business; any other (b) Employee's material breach by Employee of this Agreement or any noncompetition, nondisclosure and/or invention agreement with the Company's Employee Innovations and Proprietary Rights Agreement; (c) Employee's conviction or entry of a plea of nolo contendere for fraud, misappropriation or embezzlement, or any felony or misdemeanor involving crime of moral turpitude; or any similar or related act or (d) Employee's willful neglect of duties as determined in the good faith by Company; (e) Employee's failure to act by Employee which is materially adversely injurious perform the essential functions of Employee's position, with reasonable accommodation, due to a mental or physical disability (f) Employee's knowingly withholding material information (in his or her area of responsibility)from the CompanyBoard of Directors. In the event that Employee’s 's employment is terminated in accordance with this Section 6.1subsection 7.1, Employee shall be entitled to receive, on Employee’s first regular payday following his Termination Date, a lump sum payment equal to receive only the following: (i) Employee’s Base Salary then current Base Salaryin effect, prorated to the date of termination of employment (“Termination Date”), and (ii) any accrued unused vacation as of the Termination Date, all of the foregoing to be less required withholdingtermination. All other Company obligations to EmployeeEmployee pursuant to this Agreement will become automatically terminated and completely extinguished. In addition, including but Employee will not limited be entitled to any bonus as receive the Severance Payment described in Section 4.2 and Severance (as defined in Section 6.2), and excepting the Company’s obligations in Section 8.8 (Dispute Resolution) will automatically terminate and be completely extinguished as of the Termination Datesubsection 7.2 below.

Termination for Cause by Company. The Company may terminate Employee’s employment at any time for Cause. For purposes of this Agreement, “Cause” is defined as: Employee’s continued neglect or failure to perform his his/her duties and responsibilities satisfactorily, after written notice thereof; willful misconduct by Employee with respect to his his/her duties and responsibilities under this Agreement; conduct which is materially injurious (monetarily or otherwise) to the Company, including without limitation, misuse of Company funds or property; unethical business practices or dishonesty related to the Company’s business; any other material breach by Employee of this Agreement or any noncompetition, nondisclosure and/or invention agreement with the Company; conviction of a felony or misdemeanor involving moral turpitude; or any similar or related act or failure to act by Employee which is materially adversely injurious to the Company. In the event that Employee’s employment is terminated in accordance with this Section 6.1, Employee shall be entitled to receive, on Employee’s first regular payday following his his/her Termination Date, a lump sum payment equal to the following: (i) Employee’s then current Base Salary, prorated to the date of termination of employment (“Termination Date”), and (ii) any accrued unused vacation as of the Termination Date, all of the foregoing to be less required withholding. All other Company obligations to Employee, including but not limited to any bonus as described in Section 4.2 and Severance (as defined in Section 6.2), and excepting the Company’s obligations in Section 8.8 (Dispute Resolution) will automatically terminate and be completely extinguished as of the Termination Date.

Termination for Cause by Company. The Although Company anticipates a mutually rewarding employment relationship with Employee, Company may terminate Employee’s 's employment immediately at any time for Cause. For purposes of this Agreement, “"Cause” " is defined as: Employee’s continued neglect (a) acts or failure to perform his duties and responsibilities satisfactorilyomissions constituting gross negligence, after written notice thereof; recklessness or willful misconduct by on the part of Employee with respect to his duties and responsibilities under this Agreement; conduct which is materially injurious (monetarily or otherwise) Employee's obligations to the Company or otherwise relating to the business of Company, including without limitation, misuse of Company funds or property; unethical business practices or dishonesty related to in each case as determined in good faith by the Company’s business; any other (b) Employee's material breach by Employee of this Agreement or any noncompetition, nondisclosure and/or invention agreement with the Company's Employee Innovations and Proprietary Rights Agreement; (c) Employee's conviction or entry of a plea of nolo contendere for fraud, misappropriation or embezzlement, or any felony or misdemeanor involving crime of moral turpitude; or any similar or related act or (d) Employee's willful neglect of duties as determined in the good faith by Company; (e) Employee's failure to act by Employee which is materially adversely injurious perform the essential functions of Employee's position, with reasonable accommodation, due to a mental or physical disability (f) Employee's knowingly withholding material information (in his or her area of responsibility) from the CompanyCEO and the Board of Directors. In the event that Employee’s 's employment is terminated in accordance with this Section 6.1subsection 7.1, Employee shall be entitled to receive, on Employee’s first regular payday following his Termination Date, a lump sum payment equal to receive only the following: (i) Employee’s Base Salary then current Base Salaryin effect, prorated to the date of termination of employment (“Termination Date”), and (ii) any accrued unused vacation as of the Termination Date, all of the foregoing to be less required withholdingtermination. All other Company obligations to EmployeeEmployee pursuant to this Agreement will become automatically terminated and completely extinguished. In addition, including but Employee will not limited be entitled to any bonus as receive the Severance Payment described in Section 4.2 and Severance (as defined in Section 6.2), and excepting the Company’s obligations in Section 8.8 (Dispute Resolution) will automatically terminate and be completely extinguished as of the Termination Datesubsection 7.2 below.

Termination for Cause by Company. The Company may terminate Employee’s employment at any time for Cause. For purposes of this Agreement, “Cause” is defined as: Employee’s continued neglect or failure to perform his her duties and responsibilities satisfactorily, after written notice thereof; willful misconduct by Employee with respect to his his/her duties and responsibilities under this Agreement; conduct which is materially injurious (monetarily or otherwise) to the Company, including without limitation, misuse of Company funds or property; unethical business practices or dishonesty related to the Company’s business; any other material breach by Employee of this Agreement or any noncompetition, nondisclosure and/or invention agreement with the Company; conviction of a felony or misdemeanor involving moral turpitude; or any similar or related act or failure to act by Employee which is materially adversely injurious to the Company. In the event that Employee’s employment is terminated in accordance with this Section 6.1, Employee shall be entitled to receive, on Employee’s first regular payday following his his/her Termination Date, a lump sum payment equal to the following: (i) Employee’s then current Base Salary, prorated to the date of termination of employment (“Termination Date”), and (ii) any accrued unused vacation as of the Termination Date, all of the foregoing to be less required withholding. All other Company obligations to Employee, including but not limited to any bonus as described in Section 4.2 and Severance (as defined in Section 6.2), and excepting the Company’s obligations in Section 8.8 (Dispute Resolution) will automatically terminate and be completely extinguished as of the Termination Date.