Termination for Cause; Termination by Reason of Death or Retirement or Voluntary Resignation. In the event that Executive's employment hereunder is terminated during the Term (x) by the Company for Cause (as defined below), (y) by reason of Executive's death or retirement or (z) by reason of Executive's voluntary resignation, then the Company shall pay to Executive only the Base Salary through such date of termination. For purposes of this Agreement, "Cause" shall mean (i) conviction of any crime (whether or not involving the Company) constituting a felony in the jurisdiction involved; (ii) engaging in any substantiated act involving moral turpitude; (iii) engaging in any act which, in each case, subjects, or if generally known would subject, the Company to public ridicule or embarrassment; (iv) gross neglect or misconduct in the performance of Executive's duties hereunder; (v) willful failure or refusal to perform such duties as may reasonably be delegated to Executive; or (vi) material breach of any provision of this Agreement by Executive; provided, however, that with respect to clauses (iv), (v) or (vi), Executive shall have received written notice from the Company setting forth the alleged act or failure to act constituting "Cause" hereunder, and Executive shall not have cured such act or refusal to act within 10 business days of his actual receipt of notice.
Termination for Cause; Termination by Reason of Death or Retirement or Voluntary Resignation. In the event that Executive's employment hereunder is terminated during the Agreement Term (x) by the Company for Cause (as defined below), (y) by reason of Executive's death or retirement or (z) by reason of Executive's voluntary resignation (other than voluntary resignation with Good Reason (as hereinafter defined) or following a Change of Control as permitted by Section 5(d)(iii)), then the Company shall pay to Executive, within fifteen (15) days of the date of such termination, only the Base Salary and any bonus previously approved by the Board of Directors and provide benefits to Executive through such date of termination. For purposes of this Agreement, "Cause" shall mean (i) conviction of any crime (whether or not involving the Company) constituting a felony in the jurisdiction involved; (ii) engaging in any substantiated act involving moral turpitude adversely affecting the Company's business and not involving a de minimis amount of money; (iii) willful and continued gross neglect or willful misconduct in the performance of Executive's material duties hereunder; and (iv) willful and repeated failure or refusal to perform such duties as may be delegated to Executive by the Chief Executive Officer commensurate with Executive's position as Chief Operating Officer of the Company and consistent with the responsibilities of a Chief Operating Officer; provided, however, that (a) with respect to clauses (iii) and (iv), Executive shall have received written notice from the Company setting forth the alleged act or failure to act constituting "Cause" hereunder, and Executive shall not have cured such act or refusal to act (other than fraud or embezzlement, which may not be cured) within 15 business days of his actual receipt of such notice; and (b) for purposes of this Section, no act or failure to act by Executive shall be considered "willful" unless done, or omitted to be done, by Executive in bad faith and without a reasonable belief that his actions or omission were in the best interest of the Company. For purposes hereof, the term "Good Reason" shall mean (i) the assignment to Executive of a position or title other than, President and Chief Operating Officer, or (ii) any requirement 6 that the Executive report to any person other than the CEO, or (iii) any requirement that Executive perform services in an office of the Company located more than 30 miles from Los Angeles County, California (except for reasonably required travel), or (iv) the production or...
Termination for Cause; Termination by Reason of Death or Retirement or Voluntary Resignation. In the event that Executive's employment hereunder is terminated during the Agreement Term (x) by the Company for Cause (as defined below), (y) by reason of Executive's death or retirement or (z) by reason of Executive's voluntary resignation (other than voluntary resignation with Good Reason (as hereinafter defined) or following a Change of Control as permitted by Section 5(d)(iii)), then the Company shall pay to Executive, within fifteen (15) days of the
Termination for Cause; Termination by Reason of Death or Retirement or Voluntary Resignation. In the event that Employee's employment hereunder is terminated during the Term (x) by the Company for Cause (as defined below), (y)
Termination for Cause; Termination by Reason of Death or Retirement or Voluntary Resignation. In the event that Adereth retention hereunder is terminated during the Term (x) by the Company for Cause (as hereinafter defined), or (y) by reason of Adereth voluntary resignation, then the portion of the Option that has not vested as of the date of such termination shall be automatically cancelled, and Adereth right to exercise the vested portion of the Option shall expire 90 days thereafter.
Termination for Cause; Termination by Reason of Death or Retirement or Voluntary Resignation. In the event that your retention hereunder is terminated during the Term by the Company for Cause (as hereinafter defined), then the entire Option shall immediately terminate and be no longer exercisable. In the event that your retention hereunder is terminated during the Term by reason of your voluntary resignation, then the portion of the Option that has not vested as of the date of such termination shall be cancelled. In the event that your retention hereunder is terminated during the Term by reason of your death, disability or retirement, then the portion of the Option that has not vested as of that date of such termination shall be automatically vested, and your heir's right or your right , as the case may be , to exercise the vested portion of the option shall expire 12 months thereafter. Additionally, you shall receive the fees that you have accrued under Section 4 through the date of termination.
Termination for Cause; Termination by Reason of Death or Retirement or Voluntary Resignation. In the event that your retention hereunder is terminated during the Term by the Company for Cause (as hereinafter defined), then the entire Option shall immediately terminate and be no longer exercisable. In the event that your retention hereunder is terminated during the Term by reason of your voluntary resignation, then the portion of the Option that has not vested as of the date of such termination shall be automatically cancelled, and your right to exercise the vested portion of the Option shall expire 90 days thereafter. In the event that your retention hereunder is terminated during the Term by reason of your death or retirement, then the portion of the Option that has not vested as of that date of such termination shall be automatically cancelled, and your heir's right or your right , as the case may be , to exercise the vested portion of the option shall expire 12 months thereafter. Additionally, you shall receive the fees that you have accrued under Section 4 through the date of termination.
Termination for Cause; Termination by Reason of Death or Retirement or Voluntary Resignation. In the event that Executive's employment hereunder is terminated during the Agreement Term (x) by the Company for Cause (as defined below), (y) by reason of Executive's death or retirement or (z) by reason of Executive's voluntary resignation, then the Company shall pay to Executive, within thirty (30) days of the date of such termination, only the Base Salary through such date of termination. Notwithstanding anything to the contrary contained herein, in the event that Executive's employment hereunder is terminated during the Agreement Term by reason of Executive's death, then any bonus accrued and owing to Executive pursuant to this Agreement for any period prior to his death, on a pro rated basis, shall be paid to Executive's estate in accordance with the further terms of this Agreement. For purposes of this Agreement, "Cause" shall mean (i) conviction of any crime (whether or not involving the Company) constituting a felony in the jurisdiction in which the conviction is entered; (ii) Gross Neglect (as hereinafter defined) by the Executive in the performance of his duties hereunder; or (iii) material breach of any obligation under Section 4(a)(ii), (b), (c) or (d) of this Agreement (which, in the case of a breach that is capable of being cured, continues following ten (10) days' notice from the Company setting forth in reasonable detail the nature of such breach). For the purposes hereof, "Gross Neglect" shall mean Executive's persistent and repeated failure to perform his duties hereunder, which failure continues after twenty (20) days' notice from the Company setting forth in reasonable detail the nature of the persistent and repeated failure.
Termination for Cause; Termination by Reason of Death or Retirement or Voluntary Resignation. In the event that the Executive's employment hereunder is terminated
Termination for Cause; Termination by Reason of Death or Retirement or Voluntary Resignation. In the event that the Executive's employment hereunder is terminated during the Agreement Term (x) by the Company for Cause (as defined below), or (y) by reason of Executive's death or retirement or (z) by reason of Executive's voluntary resignation, then the Company shall pay to the Executive or the Executive's designated beneficiary or, if no beneficiary has been designated by the Executive, to his estate (all as the specific case may be), any Base Salary, bonuses and incentives that are earned but unpaid, pro-rated through any such termination under the Section 4(b) and payment or reimbursement of business expenses accrued prior to any act of termination under this Section 4(b). For purposes of this Agreement, "Cause" shall mean (i) conviction of any crime (whether or not involving the Company) constituting a felony in the jurisdiction involved; (ii) conviction of any crime involving moral turpitude; or (iii) a willful and material breach of, material gross negligence with respect to, or the willful or repeated failure or refusal to perform such reasonable and lawful duties as may be delegated to Executive by the CEO, and that as to any conduct concerning this subsection (iii), that such conduct is not corrected by Executive within fourteen (14) days following receipt by Executive of written notice from the CEO, such notice to state with specificity the nature of the breach, gross negligence, failure or refusal.
