Common use of POOR PERFORMANCE Clause in Contracts

POOR PERFORMANCE. Employer may terminate this Agreement and Officer's employment by giving Notice of Termination at any time for poor performance. "Poor Performance" means a failure of Officer to properly meet, in the sole discretion of Employer, the duties and responsibilities of Officer's position in a competent fashion.

Appears in 4 contracts

Samples: Employment Agreement (Indymac Bancorp Inc), Employment Agreement (Indymac Bancorp Inc), Employment Agreement (Indymac Bancorp Inc)

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POOR PERFORMANCE. Employer may terminate this Agreement and Officer's ’s employment by giving Notice of Termination at any time for poor performance. "Poor Performance" means a failure of Officer to properly meet, in the sole discretion of Employer, the duties and responsibilities of Officer's ’s position in a competent fashion.

Appears in 3 contracts

Samples: Employment Agreement (Indymac Bancorp Inc), Employment Agreement (Indymac Bancorp Inc), Employment Agreement (Indymac Bancorp Inc)

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POOR PERFORMANCE. Employer may terminate this Agreement and Officer's ’s employment by giving Notice of Termination at any time for poor performance. "Poor Performance" . “Poor Performance” means Officer’s failure to substantially perform Officer’s duties with Employer (other than any such failure resulting from incapacity due to physical or mental illness), and Officer’s inability to cure such failure to Employer’s reasonable satisfaction within 90 days following Employer’s delivery to Officer of a failure of written demand for substantial performance which specifically identifies the manner in which Employer believes that Officer has substantially failed to properly meet, in the sole discretion of Employer, the duties and responsibilities of perform Officer's position in a competent fashion’s duties.

Appears in 1 contract

Samples: Employment Agreement (Indymac Bancorp Inc)

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