Common use of Termination for Cause by Company Clause in Contracts

Termination for Cause by Company. Company may terminate Employee’s employment immediately at any time for Cause, with or without advanced notice. For purposes of this Agreement, “Cause” is defined as a good faith determination of the CEO, in its sole and absolute discretion, of any of the following: (a) acts or omissions constituting gross negligence, recklessness or willful misconduct on the part of Employee; (b) Employee’s material breach of this Agreement or the confidentiality and inventions assignment agreement between Company and Employee (the “Confidentiality Agreement”); (c) Employee’s conviction or entry of a plea of nolo contendere for fraud, misappropriation or embezzlement, or any felony or crime of moral turpitude; (d) Employee’s willful or habitual neglect of duties; (e) Employee’s failure to perform the essential functions of his position, with or without reasonable accommodation, due to a mental or physical disability for at least ninety (90) days; (f) sustained unsatisfactory performance; or (g) Employee’s death. In the event Employee’s employment is terminated in accordance with this Section 7.2, Employee shall be entitled to receive only unpaid base salary at the rate then in effect, any bonus then earned and payable, if applicable, and accrued and unused paid time off, each prorated to the date of termination, and Company shall have no further or other obligations to Employee pursuant to this Agreement.

Termination for Cause by Company. Company may terminate Employee’s employment immediately at any time for Cause, with or without advanced notice. For purposes of this Agreement, “Cause” is defined as a good faith determination of the CEOBoard, in its sole and absolute discretion, of any of the following: (a) acts or omissions constituting gross negligence, recklessness or willful misconduct on the part of Employee; (b) Employee’s material breach of this Agreement or the confidentiality and inventions assignment agreement between Company and Employee (the “Confidentiality Agreement”); (c) Employee’s conviction or entry of a plea of nolo contendere for fraud, misappropriation or embezzlement, or any felony or crime of moral turpitude; (d) Employee’s willful or habitual neglect of duties; (e) Employee’s failure to perform the essential functions of his position, with or without reasonable accommodation, due to a mental or physical disability for at least ninety (90) days; (f) sustained unsatisfactory performance; or (g) Employee’s death. In the event Employee’s employment is terminated in accordance with this Section 7.2, Employee shall be entitled to receive only unpaid base salary at the rate then in effect, any bonus then earned and payable, if applicable, and accrued and unused paid time off, each prorated to the date of termination, and Company shall have no further or other obligations to Employee pursuant to this Agreement.

Termination for Cause by Company. Company may terminate Employee’s employment immediately at any time for Cause, with or without advanced notice. For purposes of this Agreement, “Cause” is defined as a good faith determination of the CEO, in its sole and absolute discretion, of any of the following: (a) acts or omissions constituting gross negligence, recklessness or willful misconduct on the part of Employee; (b) Employee’s material breach of this Agreement or the confidentiality and inventions assignment agreement between Company and Employee (the “Confidentiality Agreement”); (c) Employee’s conviction or entry of a plea of nolo contendere for fraud, misappropriation or embezzlement, or any felony or crime of moral turpitude; (d) Employee’s willful or habitual neglect of duties; (e) Employee’s failure to perform the essential functions of his position, with or without reasonable accommodation, due to a mental or physical disability for at least ninety (90) days; or (f) sustained unsatisfactory performance; or (g) Employee’s death. In the event Employee’s employment is terminated in accordance with this Section 7.2, Employee shall be entitled to receive only unpaid base salary at the rate then in effect, any bonus then earned and payable, if applicable, and accrued and unused paid time off, each prorated to the date of termination, and Company shall have no further or other obligations to Employee pursuant to this Agreement.

Termination for Cause by Company. Although Company anticipates a mutually rewarding employment relationship with Executive, Company may terminate Employee’s Executive's employment immediately at any time for Cause, with or without advanced notice. For purposes of this Agreement, “"Cause” " is defined as a good faith determination of the CEO, in its sole and absolute discretion, of any of the followingas: (a) acts or omissions constituting gross negligence, recklessness or willful misconduct on the part of EmployeeExecutive with respect to Executive's obligations or otherwise relating to the business of Company; (b) Employee’s Executive's material breach of this Agreement or the confidentiality and inventions assignment agreement between Company and Employee (the “Confidentiality Agreement”); (c) Employee’s Executive's conviction or entry of a plea of nolo contendere for fraud, misappropriation or embezzlement, or any felony or crime of moral turpitude; (d) Employee’s Executive's willful or habitual neglect of dutiesduties as determined in the sole and exclusive discretion of the Board of Directors; (e) Employee’s Executive's failure to perform the essential functions of his Executive's position, with or without reasonable accommodationaccommodation due to a mental or physical disability, due to a mental or physical disability for at least ninety (90) daysdisability; and (f) sustained unsatisfactory performance; or (g) Employee’s Executive's death. In the event Employee’s Executive's employment is terminated for Cause in accordance with this Section 7.2subparagraph 7.1, Employee Executive shall be entitled to receive only unpaid base salary at the rate then in effect, any bonus then earned and payable, if applicable, and accrued and unused paid time off, each prorated to the date of termination, and Company shall have no further benefits or other payments under this Agreement and all obligations to Employee of Company under this Agreement shall become automatically terminated and completely extinguished, provided that if Executive's employment is terminated pursuant to Section 7.1(f) then Executive's estate shall be entitled to six (6) months additional base compensation under this AgreementAgreement and the immediate vesting of all unvested stock options (provided, however, that such vested options shall be exercised in accordance with the Company's stock option plan).

Termination for Cause by Company. Company may terminate Employee’s employment immediately at any time for Cause, with or without advanced notice. For purposes of this Agreement, “Cause” is defined as a good faith determination of the CEOBoard, in its sole and absolute discretion, of any of the following: (a) acts or omissions constituting gross negligence, recklessness or willful misconduct on the part of Employee; (b) Employee’s material breach of this Agreement or the confidentiality and inventions assignment agreement between Company and Employee (the “Confidentiality Agreement”); (c) Employee’s conviction or entry of a plea of nolo contendere for fraud, misappropriation or embezzlement, or any felony or crime of moral turpitude; (d) Employee’s willful or habitual neglect of duties; (e) Employee’s failure to perform the essential functions of his position, with or without reasonable accommodation, due to a mental or physical disability for at least ninety (90) days; or (f) sustained unsatisfactory performance; or (g) Employee’s death. In the event Employee’s employment is terminated in accordance with this Section 7.2, Employee shall be entitled to receive only unpaid base salary at the rate then in effect, any bonus then earned and payable, if applicable, and accrued and unused paid time off, each prorated to the date of termination, and Company shall have no further or other obligations to Employee pursuant to this Agreement.