Common use of Termination of Employment by the Company for Cause Clause in Contracts

Termination of Employment by the Company for Cause. Employee's employment may be terminated by the Consolidated Companies at any time for “Cause.” A determination of whether Employee’s actions justify termination for Cause and the date on which such termination is effective shall be made in good faith by the Board of Parent. A termination of Employee's employment pursuant to this Section 6.1 shall be effective as of the effective date of the notice by the Board of Parent to Employee that it has made the required determination, or as of such subsequent date, if any, as is specified in such notice. For purposes of this Agreement, “Cause” shall include (a) Employee’s material breach of this Agreement, which breach cannot be cured or, if capable of being cured, is not cured within fifteen (15) days after receipt of written notice of the need to cure, (b) any act of theft, embezzlement, conversion or other taking or misuse of the property or opportunities of and Consolidated Company, (c) any fraudulent or criminal activities, (d) any grossly negligent or unethical activity, (e) any activity that causes substantial harm to any Consolidated Companies, its reputation, or to its officers, directors or employees (including, without limitation, the illegal possession or consumption of drugs for which Employee does not have a valid prescription on property controlled by any Consolidated Company or in the course of performing services for any Consolidated Company), or (vi) habitual neglect of or deliberate or intentional refusal to perform Employee’s duties and obligations under this Agreement.

Appears in 10 contracts

Samples: Employment Agreement (Altair Nanotechnologies Inc), Employment Agreement (Altair Nanotechnologies Inc), Employment Agreement (Altair Nanotechnologies Inc)

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Termination of Employment by the Company for Cause. Employee's ’s employment may be terminated by the Consolidated Companies at any time for “Cause.” ”. A determination of whether Employee’s actions justify termination for Cause and the date on which such termination is effective shall be made in good faith by the Board of ParentBoard. A termination of Employee's ’s employment pursuant to this Section 6.1 shall be effective as of the effective date of the notice by the Board of Parent to Employee that it has made the required determination, or as of such subsequent date, if any, as is specified in such notice. For purposes of this Agreement, “Cause” shall include (a) Employee’s material breach of this Agreement, which breach cannot be cured or, if capable of being cured, is not cured within fifteen (15) days after receipt of written notice of the need to cure, (b) any act of theft, embezzlement, conversion or other taking or misuse of the property or opportunities of and the Consolidated Company, (c) any fraudulent or criminal activities, (d) any grossly negligent or unethical activity, (e) any activity that causes substantial harm to any Consolidated Companies, its reputation, or to its officers, directors or employees (including, without limitation, the illegal possession or consumption of drugs for which Employee does not have a valid prescription on property controlled by any Consolidated Company or in the course of performing services for any Consolidated Company), or (vif) habitual neglect of or deliberate or intentional refusal to perform Employee’s duties and obligations under this Agreement.

Appears in 4 contracts

Samples: Employment Agreement (Altair Nanotechnologies Inc), Employment Agreement (Altair Nanotechnologies Inc), Employment Agreement (Altair Nanotechnologies Inc)

Termination of Employment by the Company for Cause. Employee's employment may be terminated by the Consolidated Companies at any time for “Cause.” A determination of whether Employee’s actions justify termination for Cause and the date on which such termination is effective shall be made in good faith by the Board of Parent. A termination of Employee's employment pursuant to this Section 6.1 shall be effective as of the effective date of the notice by the Board of Parent to Employee that it has made the required determination, or as of such subsequent date, if any, as is specified in such notice. For purposes of this Agreement, “Cause” shall include (a) Employee’s material breach of this Agreement, which breach cannot be cured or, if capable of being cured, is not cured within fifteen (15) days after receipt of written notice of the need to cure, (b) any act of theft, embezzlement, conversion or other taking or misuse of the property or opportunities of and Consolidated Company, (c) any fraudulent or criminal activities, (d) any grossly negligent or unethical activity, (e) any activity that causes substantial harm to any Consolidated Companies, its reputation, or to its officers, directors or employees (including, without limitation, the illegal possession or consumption of drugs for which Employee does not have a valid prescription on property controlled by any Consolidated Company or in the course of performing services for any Consolidated Company), or (vif) habitual neglect of or deliberate or intentional refusal to perform mutually agreed upon Employee’s duties and obligations under this AgreementAgreement which breach cannot be cured or, if capable of being cured, is not cured within fifteen (15) days after receipt of written notice of the need to cure.

Appears in 4 contracts

Samples: Employment Agreement (Altair Nanotechnologies Inc), Employment Agreement (Altair Nanotechnologies Inc), Employment Agreement (Altair Nanotechnologies Inc)

Termination of Employment by the Company for Cause. Employee's employment may be terminated by the Consolidated Companies Company at any time for “Cause.” A determination of whether Employee’s actions justify termination for Cause and the date on which such termination is effective shall be made in good faith by the Board of Parent. A termination of Employee's employment pursuant to this Section 6.1 shall be effective as of the effective date of the notice by the Board of Parent to Employee that it has made the required determination, or as of such subsequent date, if any, as is specified in such notice. For purposes of this Agreement, “Cause” shall include (ai) Employee’s material breach of this Agreement, which breach cannot be cured or, if capable of being cured, is not cured within fifteen (15) days after receipt of written notice of the need to cure, (bii) any act of theft, embezzlement, conversion or other taking or misuse of the property or opportunities of and the Consolidated Company, (ciii) any fraudulent or criminal activities, (div) any grossly negligent or unethical activity, (ev) any activity that causes substantial harm to any the Consolidated CompaniesCompany, its reputation, or to its officers, directors or employees (including, without limitation, the illegal possession or consumption of drugs for which Employee does not have a valid prescription on property controlled by any Consolidated Company property or in the course of performing services for any the Consolidated Company), or (vi) habitual neglect of or deliberate or intentional refusal to perform Employee’s his duties and obligations under this Agreement. A determination of whether Employee’s actions justify termination for Cause and the date on which such termination is effective shall be made in good faith by the Board. A termination of Employee's employment pursuant to this Section 6.1 shall be effective as of the effective date of the notice by the Board to Employee that it has made the required determination, or as of such subsequent date, if any, as is specified in such notice.

Appears in 3 contracts

Samples: Altair Executive Employment Agreement (Altair Nanotechnologies Inc), Altair Executive Employment Agreement (Altair Nanotechnologies Inc), Altair Executive Employment Agreement (Altair Nanotechnologies Inc)

Termination of Employment by the Company for Cause. Employee's employment may be terminated by the Consolidated Companies at any time for “Cause.” A determination of whether Employee’s actions justify termination for Cause and the date on which such termination is effective shall be made in good faith by the Board of ParentBoard. A termination of Employee's employment pursuant to this Section 6.1 shall be effective as of the effective date of the notice by the Board of Parent to Employee that it has made the required determination, or as of such subsequent date, if any, as is specified in such notice. For purposes of this Agreement, “Cause” shall include (a) Employee’s material breach of this Agreement, which breach cannot be cured or, if capable of being cured, is not cured within fifteen (15) days after receipt of written notice of the need to cure, (b) any act of theft, embezzlement, conversion or other taking or misuse of the property or opportunities of and Consolidated Company, (c) any fraudulent or criminal activities, (d) any grossly negligent or unethical activity, (e) any activity that causes substantial harm to any Consolidated Companies, its reputation, or to its officers, directors or employees (including, without limitation, the illegal possession or consumption of drugs for which Employee does not have a valid prescription on property controlled by any Consolidated Company or in the course of performing services for any Consolidated Company), or (vi) habitual neglect of or deliberate or intentional refusal to perform Employee’s duties and obligations under this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Altair Nanotechnologies Inc), Employment Agreement (Altair Nanotechnologies Inc)

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Termination of Employment by the Company for Cause. The Company may terminate Employee's employment may be terminated by the Consolidated Companies at any time under this Agreement for Cause.” A determination of whether Employee’s actions justify termination for Cause and the date on which such termination is effective shall be made in good faith by the Board of Parent. A termination of Employee's employment pursuant to this Section 6.1 shall be effective as of the effective date of the notice by the Board of Parent to Employee that it has made the required determination, or as of such subsequent date, if any, as is specified in such notice. For purposes hereof, the term "Cause" shall mean (i) the inability of Employee, despite any reasonable accommodation required by law, due to bodily injury or disease or any other physical or mental incapacity, to perform the services provided for hereunder for a period of 120 days in the aggregate, within any given period of 180 consecutive days during the term of this Agreement, “Cause” shall include in addition to any statutorily required leave of absence, (aii) Employee’s conduct of the Employee that constitutes fraud, theft, or a criminal act involving moral turpitude, in each case only if it materially affects his ability to perform the duties and responsibilities of his position or has a material adverse effect on the Company, (iii) commission of a material act of fraud against the Company, (iv) embezzlement of funds or misappropriation of other property by the Employee from the Company; (v) failure of Employee to observe or perform his material duties and obligations as an employee of the Company or a material breach of this Agreement, which breach cannot be cured or, if capable of being cured, is not cured within fifteen after thirty (1530) days after receipt of advance written notice of the need to cure, (b) any act of theft, embezzlement, conversion such failure or other taking or misuse of the property or opportunities of and Consolidated Company, (c) any fraudulent or criminal activities, (d) any grossly negligent or unethical activity, (e) any activity that causes substantial harm to any Consolidated Companies, its reputation, or to its officers, directors or employees (including, without limitation, the illegal possession or consumption of drugs for breach which Employee does has not have a valid prescription on property controlled by any Consolidated Company or in the course of performing services for any Consolidated Company), or been cured; (vi) Employee's habitual neglect use of illegal controlled substances, or deliberate intoxication during normal business hours while conducting the Company's business, which, in the reasonable judgment of the Board, so impairs Employee's credibility and reputation that Employee can no longer perform his duties; or intentional refusal to perform (vii) Employee has been found civilly liable for sexual harassment or related offenses (or the Company has been found civilly liable for such actions by Employee’s duties and obligations under this Agreement).

Appears in 2 contracts

Samples: Employment Agreement (3tec Energy Corp), Employment Agreement (3tec Energy Corp)

Termination of Employment by the Company for Cause. Employee's employment may be terminated by the Consolidated Companies Company at any time for "Cause.” A determination of whether Employee’s actions justify termination for Cause and the date on which such termination is effective shall be made in good faith by the Board of Parent. A termination of Employee's employment pursuant to this Section 6.1 shall be effective as of the effective date of the notice by the Board of Parent to Employee that it has made the required determination, or as of such subsequent date, if any, as is specified in such notice. " For purposes of this Agreement, "Cause" shall include (ai) Employee’s 's material breach of this Agreement, which breach cannot be cured or, if capable of being cured, is not cured within fifteen (15) days after receipt of written notice of the need to cure, (bii) any act of theft, embezzlement, conversion or other taking or misuse of the property or opportunities of and Consolidated the Company, (ciii) any fraudulent or criminal activities, (div) any grossly negligent or unethical activity, (ev) any activity that causes substantial harm to any Consolidated Companiesthe Company, its reputation, or to its officers, directors or employees (including, without limitation, the illegal possession or consumption of drugs for which Employee does not have a valid prescription on Company property controlled by any Consolidated Company or in the course of performing services for any Consolidated the Company), or (vi) habitual neglect of or deliberate or intentional refusal to perform Employee’s his duties and obligations under this Agreement. A determination of whether Employee's actions justify termination for Cause and the date on which such termination is effective shall be made in good faith by the Board. A termination of Employee's employment pursuant to this Section 6.1 shall be effective as of the effective date of the notice by the Board to Employee that it has made the required determination, or as of such subsequent date, if any, as is specified in such notice.

Appears in 1 contract

Samples: Executive Employment Agreement (Smoky Market Foods Inc)

Termination of Employment by the Company for Cause. Employee's ’s employment may be terminated by the Consolidated Companies at any time for “Cause.” ”. A determination of whether Employee’s actions justify termination for Cause and the date on which such termination is effective shall be made in good faith by the Board of ParentBoard. A termination of Employee's ’s employment pursuant to this Section 6.1 shall be effective as of the effective date of the notice by the Board of Parent to Employee that it has made the required determination, or as of such subsequent date, if any, as is specified in such notice. For purposes of this Agreement, “Cause” shall include (a) Employee’s material breach of this Agreement, which breach cannot be cured or, if capable of being cured, is not cured within fifteen (15) days after receipt of written notice of the need to cure, (b) any act of theft, embezzlement, conversion or other taking or misuse of the property or opportunities of and the Consolidated Company, (c) any fraudulent or criminal activities, (d) any grossly negligent or unethical activity, (e) any activity that causes substantial harm to any Consolidated Companies, its reputation, or to its officers, directors or employees (including, without limitation, the illegal possession or consumption of drugs for which Employee does not have a valid prescription on property controlled by any Consolidated Company or in the course of performing services for any Consolidated Company), or (vif) habitual neglect of or deliberate or intentional refusal to perform Employee’s duties and obligations under this Agreement.. Employment Agreement – Guohua Sun

Appears in 1 contract

Samples: Employment Agreement (Altair Nanotechnologies Inc)

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