Cause

Cause. (A) The Participant's commission of a felony or crime of moral turpitude; (B) The Participant's embezzlement, willful breach of fiduciary duty or fraud with regard to the Company or any of its assets or businesses; (C) The Participant's deliberate failure to perform the material duties of his or her position (other than as a result of a disability); (D) The Participant's dishonesty, willful or gross misconduct, or illegal conduct in connection with the Participant's employment with, or other... service to, the Company or any of its subsidiaries; or (E) The Participant's breach of any restrictive covenant in favor of the Company or any of its subsidiaries relating to confidentiality, competition or solicitation. View More

Cause. (i) Participant has failed to perform the duties assigned to him and such failure has continued for 30 days following delivery by the Company of written notice to Participant of such failure, (ii) Participant has been convicted of a felony or misdemeanor involving moral turpitude, (iii) Participant has engaged in acts or omissions against the Company constituting dishonesty, breach of fiduciary obligation, or intentional wrongdoing or misfeasance, (iv) Participant has acted intentionally or in... bad faith in a manner that results in a material detriment to the assets, business or prospects of the Company, or (v) Participant has breached any obligation under this Agreement. View More

Cause. The Executive (i) has engaged in gross negligence or willful misconduct in the performance of her duties, (ii) has committed an act of fraud, embezzlement or willful breach of fiduciary duty to the Company or any of its subsidiaries (including the unauthorized disclosure of any material secret, confidential and/or proprietary information, knowledge or data of the Company or any of its subsidiaries); (iii) has been convicted of (or pleaded no contest to) a crime involving fraud, dishonesty or... moral turpitude or any felony or (iv) has breached any material provision of the Non-Competition Agreement (referenced in Section 5 and attached as Exhibit A), which breach is not cured within thirty (30) days of Executive's receipt of written notice of such breach; provided, however, there shall be no opportunity to cure a breach of the Non-Competition Agreement. View More

Cause. What the term is expressly defined to mean in a then-effective written agreement (including an Agreement) between a Participant and the Company or any Affiliate, or in the absence of any such then-effective agreement or definition, a Participant's (i) embezzlement or misappropriation of Company funds or property, (ii) failure to comply, as determined by the Company, with any applicable confidentiality, noncompetition or data security agreement or obligation, or (iii) failure to comply, as... determined by the Company, with any applicable Management-Employee Agreement, Sales Employee Agreement or other agreement containing post-employment restrictions View More

Cause. That the Grantee (i) has committed a material act of dishonesty, deceit or breach of fiduciary duty in the performance of his or her duties as an employee of the Company or any successor, (ii) has acted or failed to act in any other way that reflects materially and adversely upon the Company or any successor, including but not limited to the Grantee's conviction of, guilty plea, or plea of nolo contendere to any crime or offense involving dishonesty with respect to the Company or any successor,... or (iii) has neglected or failed to perform substantially the duties of the Grantee's employment with the Company or any successor, including but not limited to an act of insubordination. View More

Cause. Termination of Executive's employment for Executive's personal dishonesty, willful misconduct, breach of a fiduciary duty involving personal profit, willful violation of any law, rule or regulation (other than traffic violations or similar offenses), conviction of a felony or of a misdemeanor involving moral turpitude, misappropriation of the Company's assets, or a material breach of any other provision of this Agreement or an Employment Agreement

Cause. (i) an intentional act of fraud, embezzlement or theft in connection with the Employee's duties to the Company or in the course of Employee's employment with the Company; (ii) Employee's willful engagement in gross misconduct that is demonstrably and materially injurious to the Company; or (iii) Employee's willful and continued failure to perform his duties with the Company (other than any such failure resulting due to physical or mental illness). For purposes of this definition, no act or... failure to act on Employee's part shall be deemed "willful" unless done or omitted to be done by Employee not in good faith and without reasonable belief that Employee's action or omission was in the best interests of the Company. View More

Cause. The occurrence of one or more of the following events: (i) willful and repeated failure or refusal to carry out the lawful directions and policies of Purchaser or the Board of Directors of Company or Purchaser which are consistent with Kumar's position with Company; (ii) conviction of Kumar of a violation of state or federal criminal law involving the commission of a crime against Purchaser or a felony; (iii) (A) current use by Kumar of illegal substances, or (B) deception, fraud,... misrepresentation or dishonesty by Kumar, in any such case described in clauses (A) and/or (B), which substantially impairs Company's or Purchaser's business, goodwill or reputation; or (iv) any material violation of the confidentiality, non-competition and/or non-solicitation provision to which Kumar is bound. Notwithstanding the foregoing or anything herein to the contrary, in the case of clauses (i) and (iv) of this definition, such events shall not constitute "Cause" if capable of being cured and cured by Kumar within twenty (20) calendar days after Kumar's receipt of written notice from Purchaser (which Purchaser shall provide) specifying in reasonable detail the facts supporting Purchaser's determination of Cause and the actions reasonably required from Kumar to cure such events. Notwithstanding anything to the contrary in this Agreement, this definition of "Cause" will be superseded and replaced in its entirety with the definition of "Cause" under the Employment Agreement as of the first day that such Employment Agreement becomes effective. View More

Cause. 5.2.Cause

Cause. 5.2