Common use of Termination for Cause; Resignation Clause in Contracts

Termination for Cause; Resignation. Notwithstanding anything to the contrary contained herein, in the event that the Employee's employment hereunder is terminated during the Agreement Term (x) by the Company for Cause or (y) by reason of the Employee's resignation, then the Company shall pay to the Employee, within thirty (30) days of the date of such termination, only the Base Salary through such date of termination. For purposes of this Agreement, "Cause" shall mean (i) conviction of, or plea of nolo contendere (no contest) to, any crime (whether or not involving the Company) constituting a felony in the jurisdiction involved; (ii) engaging in any act involving moral turpitude; (iii) conduct related to the Employee's employment for which either criminal or civil penalties against the Employee or any of the Companies may be sought; (iv) gross neglect in the performance of the Employee's duties hereunder; (v) misconduct in the performance of the Employee's duties hereunder, which misconduct continues after notice thereof is given to the Employee by the Board of Directors of the Company, (vi) willful failure or refusal to perform such duties as may be delegated to the Employee commensurate with the Employee's position, which misconduct continues after notice thereof is given to the Employee by the Board of Directors of the Company, (vii) material violation of the Company's policies, including, without limitation, those relating to sexual harassment, the disclosure or misuse of Confidential Information (as hereinafter defined), or those set forth in Company manuals or statements of policy, which violation continues after notice thereof is given to the Employee by the Board of Directors of the Company (viii) engaging in any conduct which is materially injurious or materially damaging to any of the Companies or the reputation of any of the Companies; or (ix) material breach of any provision of this Agreement by the Employee.

Termination for Cause; Resignation. Notwithstanding anything to the contrary contained herein, in the event that the Employee's employment hereunder is terminated during the Agreement Term (x) by the Company for Cause or (y) by reason of the Employee's resignation, then the Company shall pay to the Employee, within thirty (30) days of the date of such termination, only the Base Salary through such date of termination. For purposes of this Agreement, "Cause" shall mean (i) conviction of, or plea of nolo contendere (no contest) to, any crime (whether or not involving the Company) constituting a felony in the jurisdiction involved; (ii) engaging in any act involving moral turpitude; (iii) conduct related to the Employee's employment for which either significant criminal or civil penalties against the Employee or any of the Companies may be sought; (iv) gross neglect in the performance of the Employee's duties hereunder; (v) misconduct in the performance of the Employee's duties hereunder, which misconduct continues after notice thereof is given to the Employee by the Board of Directors of the Company, ; (vi) willful failure or refusal to perform such duties as may be delegated to the Employee commensurate with the Employee's position, which misconduct continues after notice thereof is given to the Employee by the Board of Directors of the Company, ; (vii) material violation of the Company's policies, including, without limitation, those relating to sexual harassment, the disclosure or misuse of Confidential Information (as hereinafter defined), or those set forth in Company manuals or statements of policy, which violation continues after notice thereof is given to the Employee by the Board of Directors of the Company Company; (viii) engaging in any conduct which is materially injurious or materially damaging to any of the Companies or the reputation of any of the Companies; or (ix) material breach of any provision of this Agreement by the Employee.

Termination for Cause; Resignation. Notwithstanding anything to the contrary contained herein, in the event that the Employee's employment hereunder is terminated during the Agreement Term Employment Period (xa) by the Company for Cause or (yb) by reason of the Employee's resignation, then the Company shall pay to the Employee, within thirty (30) days of the date of such termination, only the Base Salary accrued but unpaid through such date of termination. For purposes of this Agreement, "Cause" shall mean (i) conviction of, or plea of nolo contendere (no contest) to, any crime (whether or not involving the Company) constituting a felony in the jurisdiction involved; (ii) engaging in any act involving moral turpitude; (iii) conduct related to the Employee's employment for which either criminal or civil penalties against the Employee or any of the Companies may be sought; (iv) gross neglect in the performance of the Employee's duties hereunder; (v) misconduct in the performance of the Employee's duties hereunder, which misconduct continues after notice thereof is given to the Employee by the Board of Directors of the Company, ; (vi) willful failure or refusal to perform such duties as may be delegated to the Employee commensurate with the Employee's position, which misconduct continues after notice thereof is given to the Employee by the Board of Directors of the Company, ; (vii) material violation of the Company's policies, including, without limitation, those relating to sexual harassment, the disclosure or misuse of Confidential Information (as hereinafter defined), or those set forth in Company manuals or statements of policy, which violation continues after notice thereof is given to the Employee by the Board of Directors of the Company Company; (viii) engaging in any conduct which is materially injurious or materially damaging to any of the Companies or the reputation of any of the Companies; or (ix) material breach of any provision of this Agreement by the EmployeeEmployee (including without limitation any breach of Section 7, 8, or 9 hereof).