This page contains an example definition of Cause, followed by definitions with minor variations. You can view the differences between the example and variations by selecting the "Show Differences" option.
Cause. For termination of a Participant's Continuous Service Status will exist if the Participant is terminated for any of the following reasons: (i) Participant's willful failure substantially to perform his or her duties and responsibilities to the Company or deliberate violation of a Company policy; (ii) Participant's commission of any act of fraud, embezzlement, dishonesty or any other willful misconduct that has caused or is reasonably expected to result in material injury to the Company; (iii)... unauthorized use or disclosure by Participant of any proprietary information or trade secrets of the Company or any other party to whom the Participant owes an obligation of nondisclosure as a result of his or her relationship with the Company; or (iv) Participant's willful breach of any of his or her obligations under any written agreement or covenant with the Company. The determination as to whether a Participant is being terminated for Cause shall be made in good faith by the Company and shall be final and binding on the Participant. The foregoing definition does not in any way limit the Company's ability to terminate a Participant's employment or consulting relationship at any time as provided in Section 5(d) below, and the term "Company" will be interpreted to include any Subsidiary, Parent, Affiliate or successor thereto, if appropriateView More
Cause. For termination with respect to a Participant, the occurrence of a Participant's Continuous Service Status will exist if the Participant is terminated for any of the following reasons: following: (i) Participant's willful failure substantially to perform his or her duties and responsibilities to the Company or deliberate violation of a Company policy; (ii) such Participant's commission of any felony or any crime involving fraud, dishonesty or moral turpitude under the laws of the United States... or any state thereof; (ii) such Participant's attempted commission of, or participation in, a fraud or act of fraud, embezzlement, dishonesty against the Company; (iii) such Participant's intentional, material violation of any material contract or agreement between the Participant and the Company or any other willful misconduct that has caused or is reasonably expected to result in material injury statutory duty owed to the Company; (iii) (iv) such Participant's unauthorized use or disclosure by Participant of any proprietary the Company's confidential information or trade secrets of the Company secrets; or any other party to whom the Participant owes an obligation of nondisclosure as a result of his or her relationship with the Company; or (iv) (v) such Participant's willful breach of any of his or her obligations under any written agreement or covenant with the Company. gross misconduct. The determination as to whether that a Participant termination is being terminated for Cause shall be made in good faith by the Company and in its sole discretion. Any determination by the Company that the Continuous Service of a Participant was terminated by reason of dismissal without Cause for the purposes of outstanding Stock Awards held by such Participant shall be final and binding on have no effect upon any determination of the Participant. The foregoing definition does not in rights or obligations of the Company or such Participant for any way limit the Company's ability to terminate a Participant's employment or consulting relationship at any time as provided in Section 5(d) below, and the term "Company" will be interpreted to include any Subsidiary, Parent, Affiliate or successor thereto, if appropriate other purpose. View More
