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

Termination of Employment of Employee by the Company for Cause. Nothing herein shall prevent the Company from terminating Employee's employment under the Agreement for Cause (as defined below). In the event Employee is terminated for Cause, Employee shall be paid his unpaid Base Salary (but no Bonus Compensation) through the month in which such termination occurs. The term "Cause" as used herein, shall mean (i) Employee's willful misconduct, material dishonesty or fraud in the performance of his duties hereunder, (ii) the continued failure or refusal of Employee (following written notice thereof) to carry out any reasonable request of the Company's Chief Executive Officer or Board for the provision of services hereunder, (iii) the material breach of the Agreement by Employee or (iv) the entering of a plea of guilty or nolo contendere to, or the conviction of Employee of, a felony or any other criminal act involving moral turpitude, dishonesty, theft or unethical business conduct. For purposes of this Section 7.3, no act or omission shall be considered willful unless done or omitted to be done in bad faith and without reasonable belief that such act or omission was in the best interest of the Company. Termination of employment of Employee pursuant to this Section 7.3 shall be made by delivery to Employee of a letter from the Board generally setting forth a description of the conduct which provides the basis for a termination of employment of Employee for Cause; provided, however, that, prior to the termination of the Agreement for a basis set forth in Sections 7.3(ii) or 7.3(iii) above (which is capable of being cured), Employee shall be given notice of the basis for termination by the Company and a reasonable opportunity to cure such breach.

Termination of Employment of Employee by the Company for Cause. Nothing herein shall prevent The Company may terminate the Company from terminating Employee's ’s employment under the Agreement for Cause (as defined below) upon receipt by the Employee of written notice specifying the date on which such termination shall become effective and notifying the Employee of the grounds constituting Cause (“Notice of Termination for Cause”); provided, however, that Cause shall not exist unless and until the Company has delivered to the Employee a copy of a resolution that the Board adopts at a meeting of the Board finding that in the good faith opinion of the Board, the Employee was guilty of the conduct constituting Cause. In the event Employee is terminated for Cause, Employee shall be paid (a) his unpaid Base Salary (but no Bonus Compensation) through the month date of termination, (b) any unpaid Bonus Compensation for any fiscal year that has ended prior to the year in which such termination occurs, (c) any accrued vacation pay for vacation that has not yet been taken as of the date on which termination of employment becomes effective, and (d) any other benefits to which he is entitled by any other benefit plan and by applicable law. The term "“Cause" ” as used herein, shall mean (i) Employee's willful misconduct’s misappropriation of funds, material dishonesty embezzlement or fraud in the performance of his duties hereunder, (ii) the continued failure or refusal of Employee (following written notice thereof) to carry out in any material respect any reasonable request of the Company's Chief Executive Officer or Board for the provision of services hereunder, (iii) the material breach of the any material provision of this Agreement by Employee or of any Company policy regarding acts of moral turpitude, dishonesty, theft or unethical business conduct, or (iv) the entering of a plea of guilty or nolo contendere to, or the conviction of Employee of, a felony or any other criminal act involving moral turpitude, dishonesty, theft or unethical business conduct. For purposes of this Section 7.3, no act or omission shall be considered willful unless done or omitted to be done in bad faith and without reasonable belief that such act or omission was in the best interest of the Company. Termination of employment of Employee pursuant to this Section 7.3 shall be made by delivery to Employee of a letter from the Board generally setting forth a description of the conduct which provides the basis for a termination of employment of Employee for Cause; provided, however, that, prior to the termination of the Agreement for a basis set forth in Sections 7.3(ii) or 7.3(iii) above (which is capable of being cured), Employee shall be given notice of the basis for termination by the Company and a reasonable opportunity to cure such breachfelony.

Termination of Employment of Employee by the Company for Cause. Nothing herein shall prevent the Company from terminating Employee's employment under the this Agreement for Cause (as defined below)Cause. In the event Employee is terminated for Cause, Employee shall be paid his unpaid Base Salary (but no Bonus Compensation) through the month in which such the termination occurs. The term "Cause," as used herein, shall mean (i) Employee's willful misconduct, material dishonesty misconduct or fraud in the performance of his duties hereunder, ; (ii) the continued failure or refusal of Employee (following written notice thereof) to carry out any reasonable request of the Company's Chief Executive Officer CEO, COO or the Board for the provision of services hereunder, ; (iii) the material breach of the Agreement by Employee; (iv) the failure of Employee on more than one occasion to satisfy (a) a commitment made by or on behalf of Employee to any customer of the Company or an affiliate of the Company with respect to a product delivery date or (ivb) any reasonable material request of any customer of the Company or an affiliate of the Company, which Employee is or should be aware of, with respect to a delivery date, product quality or product specification; or (v) the entering of a plea of guilty or nolo contendere to, to or the conviction of Employee of, for a felony or any other criminal act involving moral turpitude, dishonesty, theft or unethical business conduct. For purposes , including, without limitation, violations of this Section 7.3, no act State or omission shall be considered willful unless done Federal securities laws or omitted to be done in bad faith and without reasonable belief that such act or omission was in the best interest of the Companyregulations. Termination of employment of Employee pursuant to this Section 7.3 shall be made by delivery to Employee of a letter from the Board CEO or the COO generally setting forth a description of the conduct which provides the basis for a termination of employment of Employee for Cause; provided, however, that, prior to the termination of the Agreement for a basis set forth in Sections 7.3(ii) or 7.3(iii) above (which is capable of being cured), Employee shall be given notice of the basis for termination by the Company and a reasonable opportunity to cure such breach.

Termination of Employment of Employee by the Company for Cause. Nothing herein shall prevent the Company from terminating Employee's employment under the this Agreement for Cause (as defined below). In the event Employee is terminated for Cause, Employee shall be paid his unpaid Base Salary (but no Bonus Compensation) through the month in which such termination occurs. The term "Cause" as used herein, shall mean (i) Employee's willful misconductmisappropriation of funds, material dishonesty embezzlement or fraud in the performance of his duties hereunder, (ii) the continued failure or refusal of Employee (following written notice thereof) to carry out in any material respect any reasonable request of the Company's Chief Executive Officer or Board for the provision of services hereunder, (iii) the material breach of the any material provision of this Agreement by Employee Employee, (iv) Employee's performance of his duties with gross negligence, or (ivv) the entering of a plea of guilty or nolo contendere to, or the conviction of Employee of, a felony or any other criminal act involving moral turpitude, dishonesty, theft or unethical business conduct. For purposes of this Section 7.3, no act or omission shall be considered willful unless done or omitted to be done in bad faith and without reasonable belief that such act or omission was in the best interest of the Company. Termination of employment of Employee pursuant to this Section 7.3 shall be made by delivery to Employee of a letter from the Board generally setting forth a description of the conduct which provides the basis for a termination of employment of Employee for Cause; provided, however, that, prior to the termination of the this Agreement for a basis set forth in Sections 7.3(ii) or 7.3(iii) above (which is capable of being cured), Employee shall be given notice of the basis for termination by the Company and a reasonable opportunity (not less than thirty (30) days) to cure such breach.

Termination of Employment of Employee by the Company for Cause. Nothing herein shall prevent the Company from terminating Employee's employment under the this Agreement for Cause (as defined below). In the event Employee is terminated for Cause, Employee shall be paid his unpaid Base Salary (but no Bonus Compensation) through the month in which such termination occurs. The term "Cause" as used herein, shall mean (i) Employee's willful misconductmisappropriation of funds, material dishonesty embezzlement or fraud in the performance of his duties hereunder, (ii) the continued failure or refusal of Employee (following written notice thereof) to carry out in any material respect any reasonable request of the Company's Chief Executive Officer or Board for the provision of services hereunder, (iii) the material breach of the any material provision of this Agreement by Employee Employee, (iv) Employee's performance of his duties hereunder with gross negligence or (ivv) the entering of a plea of guilty or nolo contendere to, or the conviction of Employee of, a felony or any other criminal act involving moral turpitude, dishonesty, theft or unethical business conduct. For purposes of this Section 7.3, no act or omission shall be considered willful unless done or omitted to be done in bad faith and without reasonable belief that such act or omission was in the best interest of the Company. Termination of employment of Employee pursuant to this Section 7.3 shall be made by delivery to Employee of a letter from the Board generally setting forth a description of the conduct which provides the basis for a termination of employment of Employee for Cause; provided, however, that, prior to the termination of the this Agreement for a basis set forth in Sections 7.3(ii) or 7.3(iii) above (which is capable of being cured), Employee shall be given notice of the basis for termination by the Company and a reasonable opportunity (not less than thirty (30) days) to cure such breach.. 7.4

Termination of Employment of Employee by the Company for Cause. Nothing herein shall prevent the Company from terminating Employee's employment under the this Agreement for Cause (as defined below). In the event Employee is terminated for Cause, Employee shall be paid his unpaid Base Salary Salary, benefits and Bonus Compensation on the same bases as are set forth in Sections 7.1(a), (but no Bonus Compensationd) through the month in which such termination occursand (e) above. The term "Cause" as used herein, shall mean (i) Employee's willful misconductmisappropriation of funds, material dishonesty embezzlement or fraud in the performance of his duties hereunder, (ii) the continued failure or refusal of Employee (following written notice thereof) to carry out in any material respect any reasonable request of the Company's Chief Executive Officer or Board for the provision of services hereunder, (iii) the material breach of the any material provision of this Agreement by Employee or (iv) the entering of a plea of guilty or nolo contendere to, or the conviction of Employee of, a felony or any other criminal act involving moral turpitude, dishonesty, theft or unethical business conduct. For purposes of this Section 7.3, no act or omission shall be considered willful unless done or omitted to be done in bad faith and without reasonable belief that such act or omission was in the best interest of the Company. Termination of employment of Employee pursuant to this Section 7.3 shall be made by delivery to Employee of a letter from the Board generally setting forth a description of the conduct which provides the basis for a termination of employment of Employee for Cause; provided, however, that, prior to the termination of the this Agreement for a basis set forth in Sections 7.3(ii) or 7.3(iii) above (which is capable of being cured), Employee shall be given notice of the basis for termination by the Company and a reasonable opportunity (not less than thirty (30) days) to cure such breach.. 7.4

Termination of Employment of Employee by the Company for Cause. Nothing herein shall prevent the Company from terminating Employee's employment under the this Agreement for Cause (as defined below). In the event Employee is terminated for Cause, Employee shall be paid his unpaid Base Salary Salary, benefits and Bonus Compensation on the same bases as are set forth in Sections 7.1(a), (but no Bonus Compensationd) through the month in which such termination occursand (e) above. The term "Cause" as used herein, shall mean (i) Employee's willful misconductmisappropriation of funds, material dishonesty embezzlement or fraud in the performance of his duties hereunder, (ii) the continued failure or refusal of Employee (following written notice thereof) to carry out in any material respect any reasonable request of the Company's Chief Executive Officer or Board for the provision of services hereunder, (iii) the material breach of the any material provision of this Agreement by Employee or (iv) the entering of a plea of guilty or nolo contendere to, or the conviction of Employee of, a felony or any other criminal act involving moral turpitude, dishonesty, theft or unethical business conduct. For purposes of this Section 7.3, no act or omission shall be considered willful unless done or omitted to be done in bad faith and without reasonable belief that such act or omission was in the best interest of the Company. Termination of employment of Employee pursuant to this Section 7.3 shall be made by delivery to Employee of a letter from the Board generally setting forth a description of the conduct which provides the basis for a termination of employment of Employee for Cause; provided, however, that, prior to the termination of the this Agreement for a basis set forth in Sections 7.3(ii) or 7.3(iii) above (which is capable of being cured), Employee shall be given notice of the basis for termination by the Company and a reasonable opportunity (not less than thirty (30) days) to cure such breach.

Termination of Employment of Employee by the Company for Cause. Nothing herein shall prevent the Company from terminating Employee's employment under the this Agreement for Cause (as defined below). In the event Employee is terminated for Cause, Employee shall be paid his unpaid Base Salary (but no Bonus Compensation) through the month in which such termination occurs. The term "Cause" as used herein, shall mean (i) Employee's willful misconductmisappropriation of funds, material dishonesty embezzlement or fraud in the performance of his duties hereunder, (ii) the continued failure or refusal of Employee (following written notice thereof) to carry out in any material respect any reasonable request of the Company's Chief Executive Officer or Board for the provision of services hereunder, (iii) the material breach of the any material provision of this Agreement by Employee Employee, (iv) Employee's performance of his duties with gross negligence, or (ivv) the entering of a plea of guilty or nolo contendere to, or the conviction of Employee of, a felony or any other criminal act involving moral turpitude, dishonesty, theft or unethical business conduct. For purposes of this Section 7.3, no act or omission shall be considered willful unless done or omitted to be done in bad faith and without reasonable belief that such act or omission was in the best interest of the Company. Termination of employment of Employee pursuant to this Section 7.3 shall be made by delivery to Employee of a letter from the Board generally setting forth a description of the conduct which provides the basis for a termination of employment of Employee for Cause; provided, however, that, prior to the termination of the this Agreement for a basis set forth in Sections 7.3(ii) or 7.3(iii) above (which is capable of being cured), Employee shall be given notice of the basis for termination by the Company and a reasonable opportunity (not less than thirty (30) days) to cure such breach.. 7.4