Cause

Example Definitions of "Cause"
Cause. With respect to the termination of this Agreement, (i) fraud, criminal conduct, willful misconduct or willful or negligent breach of fiduciary duty by the Advisor, (ii) a material breach of this Agreement by the Advisor which remains uncured after 30 days' written notice, (iii) the Bankruptcy or insolvency of the Advisor, CB Richard Ellis Investors L.L.C. and/or CB Richard Ellis Group, Inc. (collectively the "Sponsor Entities"), or (iv) there is a dissolution of any of the Sponsor Entities.
Cause. With respect to the termination of this Agreement, (i) fraud, criminal conduct, willful misconduct or willful or negligent breach of fiduciary duty by the Advisor, (ii) a material breach of this Agreement by the Advisor which remains uncured after 30 days' written notice, (iii) the Bankruptcy or insolvency of the Advisor, CB Richard Ellis Investors L.L.C. CBRE Global Investors, LLC and/or CB Richard Ellis CBRE Group, Inc. (collectively the "Sponsor Entities"), or (iv) there is a dissolution of... any of the Sponsor Entities. View More
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Cause. With respect to a Participant, except as may otherwise be provided in a Participant's Employment Agreement (and in such case such Employment Agreement shall govern as to the definition of Cause and the procedures for determining Cause), any one or more of the following: (i) commission of fraud, (ii) a good faith determination by the Board (or a committee of members of the Board), whose determination shall be conclusive and binding, that a Participant willfully failed to follow the lawful... written directions of the Board, or a committee of the Board, or such Participant's direct report, (iii) engagement in willful misconduct which is materially detrimental to the Company, (iv) willful and repeated failure or refusal to materially comply with the Participant's Confidential Information and Employee Invention Assignment Agreement, Employment Agreement (if any), the Company's insider trading policy, or any other reasonable policies of the Company where non-compliance would be materially detrimental to the Company, or (v) commission of an unlawful or criminal act (serious in nature) which the Board reasonably believes would reflect adversely on the Company. In each of the foregoing subclauses (i) through (v), whether or not a "Cause" event has occurred will be determined by the Board whose determination shall be final, conclusive and binding. A Participant's service shall also be deemed to have terminated for Cause if, after the Participant's service has terminated, facts and circumstances are discovered that would have justified a termination for Cause, including, without limitation, violation of material Company policies or breach of noncompetition, confidentiality or other restrictive covenants that may apply to the Participant. View More
Cause. With respect to a Participant, except as may otherwise be provided in a Participant's Employment Agreement (and in such case such Employment Agreement shall govern as to the definition of Cause and the procedures for determining Cause), any one or more of the following: (i) commission of dishonesty or fraud, (ii) serious willful misconduct, (iii) unauthorized use or disclosure of confidential information or trade secrets, (iv) conviction or confession of a good faith determination felony, or... (v) any other act or omission by the Board (or a committee of members of the Board), whose determination shall be conclusive and binding, that a Participant willfully failed that could reasonably be expected to follow adversely affect the lawful written directions of the Board, Company's or a committee of the Board, Subsidiary's or such Participant's direct report, (iii) engagement in willful misconduct which is materially detrimental to the Company, (iv) willful and repeated failure or refusal to materially comply with the Participant's Confidential Information and Employee Invention Assignment Agreement, Employment Agreement (if any), the Company's insider trading policy, or any other reasonable policies of the Company where non-compliance would be materially detrimental to the Company, or (v) commission of an unlawful or criminal act (serious in nature) which the Board reasonably believes would reflect adversely on the Company. Affiliate's business, financial condition, prospects and/or reputation. In each of the foregoing subclauses (i) through (v), whether or not a "Cause" event has occurred will be determined by the Board whose determination shall be final, conclusive and binding. A Participant's service shall also be deemed to have terminated for Cause if, after the Participant's service has terminated, facts and circumstances are discovered that would have justified a termination for Cause, including, without limitation, violation of material Company policies or breach of noncompetition, confidentiality or other restrictive covenants that may apply to the Participant. View More
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Cause. Means, as determined by the compensation committee of your Employer, in its sole discretion, your (i) commission of an act of fraud, embezzlement, misappropriation, willful misconduct, gross negligence or breach of fiduciary duty against your Employer or (ii) commission of any act or omission that results in a conviction, plea of no contest, plea of nolo contendere or imposition of unadjudicated probation for any crime involving moral turpitude or any felony.
Cause. Means, (A) "Cause" means, as determined by the compensation committee of your Employer, in its sole discretion, Committee, your (i) commission of an act of fraud, embezzlement, misappropriation, willful misconduct, gross negligence or breach of fiduciary duty against your Employer the Company or an Affiliate, or (ii) commission of any act or omission that results in a conviction, plea of no contest, plea of nolo contendere contendere, or imposition of unadjudicated probation for any crime... involving moral turpitude or any felony. View More
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Cause. The occurrence of any one or more of the following events: (i) the Executive's willful failure to substantially perform his duties with the Company (other than any such failure resulting from the Executive's incapacity due to physical or mental illness or any such actual or anticipated failure after his issuance of a Notice of Termination for Good Reason), including the Executive's failure to follow any lawful directive from the CEO within the reasonable scope of the Executive's duties and the... Executive's failure to correct the same (if capable of correction, as determined by the CEO), within 30 days after a written notice is delivered to the Executive, which demand specifically identifies the manner in which the CEO believes that the Executive has not performed his duties; (ii) the Executive's commission of, indictment for or entry of a plea of guilty or nolo contendere to a felony crime (excluding vehicular crimes) or a crime of moral turpitude; (iii) the Executive's material breach of any material obligation under any written agreement with the Company or its affiliates or under any applicable policy of the Company or its affiliates (including any code of conduct or harassment policies), and the Executive's failure to correct the same (if capable of correction, as determined by the CEO), within 30 days after a written notice is delivered to the Executive, which demand specifically identifies the manner in which the CEO believes that the Executive has materially breached such agreement; (iv) any act of fraud, embezzlement, theft or misappropriation from the Company or its affiliates by the Executive; (v) the Executive's willful misconduct or gross negligence with respect to any material aspect of the Company's business or a material breach by the Executive of his fiduciary duty to the Company or its affiliates, which willful misconduct, gross negligence or material breach has a material and demonstrable adverse effect on the Company or its affiliates; and (vi) the Executive's commission of an act of material dishonesty resulting in material reputational, economic or financial injury to the Company or its affiliates. View More
Cause. The occurrence of any one or more of the following events: events unless, to the extent capable of correction, the Executive fully corrects the circumstances constituting Cause within 15 days after receipt of the Notice of Termination: (i) the Executive's willful failure to substantially perform his duties with the Company (other than any such failure resulting from the Executive's incapacity due to physical or mental illness or any such actual or anticipated failure after his issuance of a... Notice of Termination for Good Reason), including the Executive's failure to follow any lawful directive from the CEO within the reasonable scope of the Executive's duties and the Executive's failure to correct the same (if capable of correction, as determined by the CEO), within 30 days after a written notice demand for performance is delivered to the Executive, Executive by the Board, which demand specifically identifies the manner in which the CEO Board believes that the Executive has not performed his duties; (ii) the Executive's commission of, indictment for of an act of fraud or entry of a plea of guilty material dishonesty resulting in reputational, economic or nolo contendere financial injury to a felony crime (excluding vehicular crimes) or a crime of moral turpitude; the Company; (iii) the Executive's material breach misappropriation or embezzlement of any material obligation under any written agreement with the Company or its affiliates or under any applicable policy property of the Company or any of its affiliates (including any code of conduct or harassment policies), and affiliates; (iv) the Executive's failure to correct the same (if capable of correction, as determined commission of, including any entry by the CEO), within 30 days after Executive of a written notice is delivered to the Executive, which demand specifically identifies the manner in which the CEO believes that the Executive has materially breached such agreement; (iv) any act of fraud, embezzlement, theft guilty or misappropriation from the Company no contest plea to, a felony (other than a traffic violation) or its affiliates by the Executive; other crime involving moral turpitude; (v) the Executive's willful misconduct or gross negligence with respect to any material aspect of the Company's business or a material breach by the Executive of his fiduciary duty to the Company or its affiliates, Company, which willful misconduct, gross negligence or material breach has a material and demonstrable adverse effect on the Company Company; or its affiliates; and (vi) the Executive's commission material breach of an act of material dishonesty resulting in material reputational, economic or financial injury to the Executive's obligations under a written agreement between the Company or its affiliates. and the Executive, including without limitation, such a breach of this Agreement View More
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Cause. (i) the continued failure by the Executive to perform his material responsibilities and duties toward the Company (other than any such failure resulting from the Executive's incapacity due to physical or mental illness), (ii) the engaging by the Executive in willful or reckless conduct that is demonstrably injurious to the Company monetarily or otherwise, (iii) the conviction of the Executive of a felony, or (iv) the commission or omission of any act by the Executive that is materially inimical... to the best interests of the Company and that constitutes on the part of the Executive common law fraud or malfeasance, misfeasance, or nonfeasance of duty; provided, however, that Cause shall not include the Executive's lack of professional qualifications. For purposes of this Agreement, an act, or failure to act, on the Executive's part shall be considered "willful" or "reckless" only if done, or omitted, by him not in good faith and without reasonable belief that his action or omission was in the best interest of the Company. The Executive's employment shall not be deemed to have been terminated for Cause unless the Company shall have given or delivered to the Executive (A) reasonable notice setting forth the reasons for the Company's intention to terminate the Executive's employment for Cause, (B) a reasonable opportunity, at any time during the 30-day period after the Executive's receipt of such notice, for the Executive, together with his counsel, to be heard before the Board, and (C) a Notice of Termination (as defined in Section 12 below) stating that, in the good faith opinion of not less than a majority of the entire membership of the Board, the Executive was guilty of the conduct set forth in clauses (i), (ii), (iii) or (iv) of the first sentence of this Section 2(a). View More
Cause. (i) the continued failure by the Executive to perform his material responsibilities and duties toward the Company or Consolidated (other than any such failure resulting from the Executive's incapacity due to physical or mental illness), (ii) the engaging by the Executive in willful or reckless conduct that is demonstrably injurious to the Company or Consolidated monetarily or otherwise, (iii) the conviction of the Executive of a felony, or (iv) the commission or omission of any act by the... Executive that is materially inimical to the best interests of the Company or Consolidated and that constitutes on the part of the Executive common law fraud or malfeasance, misfeasance, or nonfeasance of duty; provided, however, that Cause shall not include the Executive's lack of professional qualifications. For purposes of this Agreement, an act, or failure to act, on the Executive's part shall be considered "willful" or "reckless" only if done, or omitted, by him not in good faith and without reasonable belief that his action or omission was in the best interest of the Company. Company or Consolidated. The Executive's employment shall not be deemed to have been terminated for Cause unless the Company or Consolidated shall have given or delivered to the Executive (A) reasonable notice setting forth the reasons for the Company's or Consolidated's intention to terminate the Executive's employment for Cause, (B) a reasonable opportunity, at any time during the 30-day period after the Executive's receipt of such notice, for the Executive, together with his counsel, to be heard before the Board, Board or, in the case of a proposed termination occurring during a Consolidated Protection Period, the board of directors of Consolidated, and (C) a Notice of Termination (as defined in Section 12 15 below) stating that, in the good faith opinion of not less than a majority of the entire membership of the Board, Board or the board of directors of Consolidated, as the case may be, the Executive was guilty of the conduct set forth in clauses (i), (ii), (iii) or (iv) of the first sentence of this Section 2(a). View More
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Cause. A determination, by vote of a majority of the members of the Board and the ICG Board, that there exists any of the following grounds for termination of the Executive's employment: (1) The Executive shall have been convicted of or pleads nolo contendere to a felony; (2) The Executive intentionally and continually refuses to perform the reasonable and lawful directives of the Board or the ICG Board, which refusal has continued for at least 30 days following receipt by the Executive of written... notice from the Board describing the specific nature of the failure; or (3) The Executive breaches Section 15 of this Agreement, which breach has continued for at least 30 days following receipt by the Executive of written notice from the Board describing the specific nature of the breach. View More
Cause. A determination, by vote of a majority of the members of the Company's Board of Directors (the "Board") and the ICG Board, that there exists any of the following grounds for termination of the Executive's employment: (1) The Executive shall have been convicted of or pleads nolo contendere to a felony; (2) The Executive intentionally and continually refuses to perform the reasonable and lawful directives of the Board or the ICG Board, CEO, which refusal has continued for at least 30 days... following receipt by the Executive of written notice from the Board CEO describing the specific nature of the failure; or (3) The Executive breaches Section 15 of this Agreement, which breach has continued for at least 30 days following receipt by the Executive of written notice from the Board CEO describing the specific nature of the breach. View More
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Cause. (i) misappropriation of funds, (ii) habitual insobriety or substance abuse, (iii) conviction of a crime involving moral turpitude, or (iv) gross negligence in the performance of duties, which gross negligence has had a material adverse effect on the business, operations, assets, properties or financial condition of the Company. The determination of Cause shall be made by an affirmative vote of at least two-thirds of the members of the Board at a duly called meeting of the Board
Cause. (i) misappropriation of funds, (ii) habitual insobriety or substance abuse, (iii) conviction of a crime involving moral turpitude, or (iv) gross negligence in the performance of duties, which gross negligence has had a material adverse effect on the business, operations, assets, properties or financial condition of the Company. The determination of Cause shall be made by an affirmative vote of at least two-thirds of the members of the Board at a duly called meeting of the Board
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Cause. The Grantee's willful failure to perform his duties with the Company or a Subsidiary or the willful engaging in conduct which is injurious to the Company or a Subsidiary, monetarily or otherwise, as determined by the Committee in its sole discretion.
Cause. The Grantee's Shall mean the willful failure by a Participant to perform his duties with the Company Company, a Parent or a Subsidiary or the willful engaging in conduct which is injurious to the Company Company, a Parent or a any Subsidiary, monetarily or otherwise, as determined by the Committee in its sole discretion.
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Cause. Termination of employment by reason of Executive's: (i) material breach of this Agreement, the Proprietary Information and Inventions Agreement entered into between Executive and the Company (the "PIIA") or any other confidentiality, invention assignment or similar agreement with the Company; (ii) repeated negligence in the performance of duties or nonperformance or misperformance of such duties that in the good faith judgment of the Board of Directors of the Company adversely affects the... operations or reputation of the Company; (iii) refusal to abide by or comply with the good faith directives of the Company's CEO or Board of Directors or the Company's standard policies and procedures, which actions continue for a period of at least ten (10) days after written notice from the Company; (iv) violation or breach of the Company's Code of Ethics, Financial Information Integrity Policy, Insider Trading Compliance Program, or any other similar code or policy adopted by the Company and generally applicable to the Company's employees, as then in effect; (v) willful dishonesty, fraud, or misappropriation of funds or property with respect to the business or affairs of the Company; (vi) conviction by or entry of a plea of guilty or nolo contendere, in a court of competent and final jurisdiction, for any crime which constitutes a felony in the jurisdiction involved; or (vii) abuse of alcohol or drugs (legal or illegal) that, in the Board of Director's reasonable judgment, materially impairs Executive's ability to perform Executive's duties. View More
Cause. Termination of employment by reason of Executive's: (i) material breach of this Agreement, the Proprietary Information and Inventions Agreement entered into between Executive and the Company (the "PIIA") or any other confidentiality, invention assignment or similar agreement with the Company; (ii) repeated negligence in the performance of duties or nonperformance or misperformance of such duties that in the good faith judgment of the Board of Directors of the Company adversely affects the... operations or reputation of the Company; (iii) refusal to abide by or comply with the good faith directives of the Company's CEO or Board of Directors or the Company's standard policies and procedures, which actions continue for a period of at least ten (10) days after written notice from the Company; (iv) violation or breach of the Company's Code of Ethics, Financial Information Integrity Policy, Insider Trading Compliance Program, or any other similar code or policy adopted by the Company and generally applicable to the Company's employees, as then in effect; (v) willful dishonesty, fraud, or misappropriation of funds or property with respect to the business or affairs of the Company; (vi) conviction by or entry of a plea of guilty or nolo contendere, in a court of competent and final jurisdiction, for any crime which constitutes a felony in the jurisdiction involved; or (vii) abuse of alcohol or drugs (legal or illegal) that, in the Board of Director's reasonable judgment, materially impairs Executive's ability to perform Executive's duties. View More
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Cause. The occurrence of any of the following events on or after the effective date of this Agreement: (i) Executive's intentional unauthorized use or disclosure of the confidential information or trade secrets of the Company; (ii) Executive's conviction of, or a plea of 'guilty' or 'no contest' to, a felony under the laws of the United States or any state thereof; or (iii) Executive's intentional failure to perform assigned duties after receiving written notification from the Board and Executive's... failure to correct such deficiencies within 30 days after receiving such written notification. View More
Cause. The Means the occurrence of any of the following events on or after the effective date of this Agreement: (i) Executive's intentional unauthorized use or disclosure of the confidential information or trade secrets of the Company; (ii) Executive's conviction of, or a plea of 'guilty' "guilty" or 'no contest' "no contest" to, a felony under the laws of the United States or any state thereof; or (iii) Executive's intentional failure to perform assigned duties after receiving written notification... from the Board his superior and Executive's failure to correct such deficiencies within 30 ten (10) days after receiving such written notification. View More
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