Qualifying Cause definition

Qualifying Cause has the meaning of “cause” set forth in the Company Eligible Participant’s employment agreement or the Company’s Executive Severance Benefit Plan (if the Company Eligible Participant is a participant); otherwise, Qualifying Cause means (a) the conviction of the Company Eligible Participant of a felony involving moral turpitude or dishonesty, (b) the Company Eligible Participant, in carrying out his or her duties for the Employer, has been guilty of (i) gross neglect or (ii) willful misconduct; provided, however, that any act or failure to act by the Company Eligible Participant shall not constitute Cause for this purpose if such act or failure to act was committed, or omitted, by the Company Eligible Participant in good faith and in a manner reasonably believed to be in the overall best interests of the Employer, (c) the Company Eligible Participant’s continued willful refusal to obey any appropriate policy or requirement duly adopted by the Employer and the continuance of such refusal after receipt of notice or (d) the Company Eligible Participant’s sustained failure to perform the essential duties of the Company Eligible Participant’s role after receipt of notice. The determination of whether the Company Eligible Participant acted in good faith and that he or she reasonably believed his or her action to be in the Employer’s overall best interest will be in the reasonable judgment of the Employer.
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Qualifying Cause means subject to Clause A.12, delay caused by any act, default or omission of the Principal or the Principal’s Personnel (who are not employed by the Vendor) in the Principal’s capacity as a party to the Contract.
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Qualifying Cause means subject to Clause A.12, delay caused by any act, default or omission of the Council or the Council’s Personnel (who are not employed by the Vendor) in the Council’s capacity as a party to the Contract.
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Examples of Qualifying Cause in a sentence

  • If ASLAN is delayed in reaching a Development Milestone by the relevant Development Milestone Date by a Qualifying Cause of Delay, ASLAN shall be entitled to a reasonable […***…] to the relevant Development Milestone Date.

  • ASLAN must submit to CSL a request for a reasonable […***…] within […***…] of the cessation of the Qualifying Cause of Delay and provide such information as is reasonably requested by CSL in order to assess a reasonable […***…].

  • Where more than one event causes concurrent delays and the cause of at least one of those events, but not all of them, is not a Qualifying Cause, then to the extent that the delays are concurrent, the Contractor is not entitled to an extension of time with respect to the relevant Date for Practical Completion or LD Milestone Date.

  • A.17.5 Except to the extent that the Contract otherwise expressly provides, the Contractor will not be entitled to any additional payment or to any Claim as a result of the granting of an extension of time or a Qualifying Cause.

  • Where more than one event causes concurrent delays and the cause of at least one of those events, but not all of them, is not a Qualifying Cause of Delay, then to the extent that the delays are concurrent, the Subcontractor will not be entitled to an extension of time.

  • Provided the requirements of clause 6c are satisfied, Council will determine (acting reasonably) the period of delay caused by the Qualifying Cause and extend the Completion Date by that period.

  • Where one period of delay has more than one cause, and if one or more of those causes is not a Qualifying Cause of Delay, the Supplier will have no entitlement to an extension of time for that period of delay.

  • The Principal must pay to the Contractor any reasonable costs or expenses incurred by the Contractor as a direct result of any delay to the progress of the Works caused by a matter in respect of which the Contractor is entitled to an extension of time in accordance with paragraph (a) or paragraph (b)(i) of the definition of Qualifying Cause of Delay.

  • The Buyer shall pay the Contractor all extra costs, direct loss and damage, which are reasonably incurred by the Contractor subject to proof by the Contractor by reason of a Qualifying Cause of Delay.

  • A.17.4 Provided that the requirements of Clause A.17.2 are satisfied, the Superintendent will determine (acting reasonably) the period of the delay to the Works caused by the Qualifying Cause referred to in a Notice given by the Contractor under Clause A.17.2(c) or A.17.2(d) and extend the Date for Practical Completion by that period.


More Definitions of Qualifying Cause

Qualifying Cause has the meaning set forth in Section 6.10(i).
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Related to Qualifying Cause

  • CIC Qualifying Termination means a Separation (A) within twelve (12) months following a Change in Control or (B) within three (3) months preceding a Change in Control (but as to part (B), only if the Separation occurs after a Potential Change in Control) resulting, in either case (A) or (B), from (i) the Company terminating the Executive’s employment for any reason other than Cause or (ii) the Executive resigning his or her employment for Good Reason. A termination or resignation due to the Executive’s death or disability shall not constitute a CIC Qualifying Termination. A “Potential Change in Control” means the date of execution of a legally binding and definitive agreement for a corporate transaction which, if consummated, would constitute the applicable Change in Control (which for the avoidance of doubt, would include, for example, a merger agreement, but not a term sheet for a merger agreement). In the case of a termination following a Potential Change in Control and before a Change in Control, solely for purposes of benefits under this Agreement, the date of Separation will be deemed the date the Change in Control is consummated.

  • Qualifying Termination means a termination of the Executive’s employment either (i) by a Company Group member without Cause (excluding by reason of Executive’s death or Disability) or (ii) by the Executive for Good Reason, in either case, during the Change in Control Period (a “Qualifying CIC Termination”) or outside of the Change in Control Period (a “Qualifying Non-CIC Termination”).

  • Qualifying Retirement means the Employee’s voluntary termination of employment after the Employee has (i) attained (X) age sixty-five (65), (Y) age fifty-five (55) with ten (10) Years of Service as a full-time employee of the Partnership or any of its Affiliates, or (Z) an age which, when added to such Years of Service of the Employee equals at least seventy-five (75), and (ii) previously delivered a written notice of retirement to the Partnership and on the date of retirement the Employee has satisfied the minimum applicable advance written notice requirement set forth below: By way of illustration, and without limiting the foregoing, if (i) the Employee is eligible to retire at age fifty-nine (59) after ten (10) Years of Service, (ii) the Employee gives two (2) years notice at age fifty-eight (58) that the Employee intends to retire at age sixty (60), and (iii) the Employee later terminates employment at age fifty-nine (59), then the Employee’s retirement at age fifty-nine (59) would not constitute a Qualifying Retirement. However, if (i) the Employee is eligible to retire at age fifty-nine (59) after ten (10) Years of Service, (ii) the Employee gives two (2) years notice at age fifty-eight (58) that the Employee intends to retire at age sixty (60), and (iii) the Employee terminates employment upon reaching age sixty (60), then the Employee’s retirement at age sixty (60) would constitute a Qualifying Retirement.

  • Voluntary Termination for Good Reason means the Employee voluntarily resigns after the occurrence of any of the following (i) without the Employee’s express written consent, a material reduction of the Employee’s duties, title, authority or responsibilities, relative to the Employee’s duties, title, authority or responsibilities as in effect immediately prior to such reduction, or the assignment to Employee of such reduced duties, title, authority or responsibilities; provided, however, that a reduction in duties, title, authority or responsibilities solely by virtue of the Company being acquired and made part of a larger entity (as, for example, when the Senior Vice-President of a business unit of the Company remains as such following a Change of Control) shall not by itself constitute grounds for a “Voluntary Termination for Good Reason;” (ii) without the Employee’s express written consent, a material reduction, without good business reasons, of the facilities and perquisites (including office space and location) available to the Employee immediately prior to such reduction; (iii) a reduction by the Company in the base salary of the Employee as in effect immediately prior to such reduction; (iv) a material reduction by the Company in the aggregate level of employee benefits, including bonuses, to which the Employee was entitled immediately prior to such reduction with the result that the Employee’s aggregate benefits package is materially reduced (other than a reduction that generally applies to Company employees); (v) the relocation of the Employee to a facility or a location more than thirty-five (35) miles from the Employee’s then present location, without the Employee’s express written consent; (vi) the failure of the Company to obtain the assumption of this agreement by any successors contemplated in Section 7(a) below; or (vii) any act or set of facts or circumstances which would, under California case law or statute constitute a constructive termination of the Employee.

  • Due Cause means any of the following events: