Company’s Right to Terminate Employee’s Employment for Cause. The Company shall have the right to terminate Employee’s employment hereunder at any time for “Cause.” For purposes of this Agreement, “Cause” shall mean:
Company’s Right to Terminate Employee’s Employment for Cause. The Company shall have the right to terminate the Employee's employment hereunder at any time for "Cause." Upon termination for “Cause”, the Company shall pay or provide to the Employee (a) salary earned through the date of termination but as yet unpaid, (b) earned and accrued but unpaid vacation benefits, (c) incurred but unreimbursed business related expenses, payable upon provision of proper documentation, (d) vested benefits under the Company’s employee benefit plans and programs, and (e) the right to exercise and/or receive payment under vested and outstanding long-term incentive awards, pursuant to the terms and provisions thereof (all such payments and obligations in the preceding sentence being the “Accrued Obligations”). For purposes of this Agreement, "Cause" shall mean: (i) conviction of a felony or a crime involving fraud or moral turpitude; or (ii) conviction of theft, material act of dishonesty or fraud, intentional falsification of any employment or records of the Company and its affiliates, or conviction of any criminal act which impairs the Employee’s ability to perform appropriate employment duties for the Company; or (iii) intentional or reckless conduct or gross negligence materially harmful to the Company and affiliates or any successor, including violation of this Agreement or a non-competition or confidentiality agreement, provided that the Company is not otherwise in breach; or (iv) willful failure to follow Company policies or lawful and reasonable instructions of the person or body to which the Employee reports; or (v) gross negligence or willful misconduct in the performance of the Employee’s assigned duties. If Cause is asserted by the Company under any of (i) through (v) above, Employee shall, after written notice from the Company of the specific circumstances constituting Cause, have ten (10) days to take corrective action without further consequence.
