Cause

Cause. The Company shall have "Cause" to terminate Executive's employment hereunder upon: (i) Executive's refusal to substantially perform the Executive's duties to the Company (other than any such failure resulting from Executive's incapacity due to physical or mental illness); (ii) Executive's gross negligence or willful engagement in conduct that is materially injurious to the Company or its affiliates, whether monetarily or otherwise; (iii) Executive's commission of a crime or an act of fraud,... theft, misappropriation or embezzlement that could reasonably be expected to materially impair the Executive's ability to substantially perform the Executive's duties to the Company; (iv) Executive's failure to comply with any reasonable legal directive of the Board; (v) Executive's material breach of any obligation under this Agreement or any other written agreement between Executive and the Company; (vi) Executive's violation of the Company's written Policies or codes of conduct, including written Policies related to discrimination, harassment, performance of illegal or unethical activities, and ethical misconduct; or 11 (vii) Executive's violation of any securities or other law, rule or regulation applicable to the Company, its affiliates or Executive relating to the business operations of the Company or its affiliates that may have a material adverse effect upon the Company's business, operations or condition (financial or otherwise). Notwithstanding the foregoing, in the case of any conduct described in clauses (i), (iv), (v) or (vi) of the immediately preceding sentence, if such conduct is reasonably susceptible of being cured, then Executive's termination shall be for "Cause" only if Executive fails to cure such conduct to the Board's reasonable satisfaction within thirty (30) days after receiving written notice from the Company describing such conduct in reasonable detail. View More

Cause. (A) Employee's material failure to perform his reasonable assigned duties or responsibilities as Employee (other than a failure resulting from the Employee's Disability (as defined below)) 30 days after notice thereof from the Company describing Employee's failure to perform such duties or responsibilities in reasonable detail; (B) Employee engaging in any act of dishonesty, fraud or misrepresentation that was or is injurious to the Company or its affiliates; (C) Employee's violation of any... federal or state law or regulation applicable to the business of the Company or its affiliates that was or is injurious to the Company or its affiliates; (D) Employee's failure to cure any breach of any confidentiality agreement or invention assignment agreement between Employee and the Company (or any affiliate of the Company) within 30 days after notice thereof from the Company describing such breach in reasonable detail; or (E) Employee being convicted of, or entering a plea of nolo contendere to, any felony or committing any act of moral turpitude. View More

Cause. Shall mean (i) Executive's unauthorized use or disclosure of the Company's confidential information or trade secrets; (ii) a continuing material breach by Executive of any agreement between Executive and the Company, which breach is results in or is reasonably likely to result in adverse consequences to the Company and continues for more than twenty (20) calendar days after receiving specific written notification of such breach from the Board; (iii) a continuing material failure by Executive to... comply with the Company's written policies or rules, which material failure continues for more than twenty (20) calendar days after receiving specific written notification of such failure from the Board; (iv) Executive's conviction of, or plea of "guilty" or "no contest" to, a felony under the laws of the United States or any State thereof; (v) Executive's continuing gross negligence or willful misconduct, which gross negligence or willful misconduct continues for more than twenty (20) calendar days after receiving specific written notification of such failure from the Board; (vi) Executive's continuing failure to perform reasonable and lawful assigned duties, which failure continues for more than twenty (20) calendar days after receiving specific written notification of such failure from the Board; provided that any such failure shall not constitute Cause if it is on account of any illness or disability resulting in Executive being on a short-term or long-term leave under any of the Company's applicable disability plans; or (vii) Executive's continuing failure to cooperate in good faith with a governmental or internal investigation of the Company or its directors, officers or employees, if the Company has requested Executive's cooperation, which failure continues for more than ten (10) calendar days after receiving specific written notification of such failure from the Board. View More

Cause. (i) Your commission of any felony or commission of a crime involving dishonesty; (ii) conduct by you in connection with your service to the Company that is fraudulent, unlawful or grossly negligent; (iii) your willful failure or refusal to comply with lawful directives of the Board; (iv) willful breach by you of a written Company policy or your representations, warranties, covenants and/or obligations under this Agreement (including the Restrictive Covenant Agreement (defined below)), which, if... curable, is not cured by you within 30 days following your receipt of written notice from the Company detailing the nature of such breach; and/or (v) material misconduct by you which adversely impacts, discredits or damages the Company or any of its affiliates. View More

Cause. Any of the following: (i) Executive's conviction of, or plea of guilty or nolo contendere to, a felony (excluding traffic-related felonies) or a crime involving dishonesty, moral turpitude, or physical harm to any person, or any financial crime involving the Company or any subsidiary of the REIT (including, but not limited to, fraud, embezzlement or misappropriation of Company assets); 8 (ii) Executive's willful and gross misconduct in the performance of Executive's duties (other than... by reason of Executive's incapacity or disability), including but not limited to, misappropriation of trade secrets, fraud or embezzlement; (iii) Executive's willful and material breach of this Agreement or any Company policy, including but not limited to the Company's policies prohibiting discrimination and harassment, which breach is not cured by Executive within 20 days after written notice to Executive from the Company; (iv) Executive willful refusal to implement or follow a lawful policy or directive of the Company, which breach by Executive is not cured within 20 days after written notice to Executive from the Company; or (v) Executive's breach of a fiduciary duty to the Company. View More

Cause. For purposes of this Agreement, 'Cause' shall mean any of the following grounds for termination of the Executive's employment: (1) The Executive's breach of any of the restrictive covenants set forth in Section 13. (2) The Executive's willful violation of any law, rule, or regulation (other than minor traffic violations) related to Employee's duties or conviction of a felony or of a crime involving moral turpitude. (3) The Executive's material violation of any written Company policy or the... material terms of this Agreement. (4) The Executive's failure to follow a lawful direction of the Board. (5) Substance abuse by the Executive, but only if the Executive fails to seek appropriate counseling or fails to complete a prescribed counseling program. (6) Disloyalty or dishonesty towards Employer; (7) Gross or intentional neglect in performance of duties. (8) Incompetence or willful misconduct in performance of duties. (9) Discrimination or harassment of other employees. (10) Any other act or omission which harms or may reasonably be expected to harm the reputation and/or business interests of Employer. 5 With respect to Items (3) and (4), a termination for Cause shall only be effective if the violation or failure is not cured by the Executive within the 20-day period following written notice from the Board of the specific grounds that could result in a termination for 'Cause;' provided that the Executive shall only have an opportunity to cure a failure to the extent the failure is curable, as determined by the Board in its sole discretion. View More

Cause. For purposes of this Agreement, "Cause" shall mean (i) dishonesty, fraud, embezzlement, misrepresentation, or other improper acts committed by Executive resulting in a personal gain or personal enrichment of Executive at the expense of the Company; (ii) Executive's violation of a federal or state law or regulation applicable to the Company's business, which violation is or likely to be materially injurious to the Company; (iii) Executive's conviction of, or a plea of nolo contendre or guilty... to, a felony or any crime involving moral turpitude under the laws of the United States or any state; (iv) any gross misconduct, or material violation of any lawful Company policy involving conduct or business ethics; or (v) Executive's material breach of the terms of this Agreement or the Confidentiality Agreement. No termination of employment by the Company shall be for "Cause" unless (x) the Company has provided to Executive written notice describing the factual basis the Company believes constitutes Cause, (y) Executive has not cured the circumstances giving rise to Cause within thirty (30) days after receiving written notice from the Company, and (z) Executive has been given the opportunity to be heard before the Board before it makes a final determination of Cause. View More

Cause. Shall mean a termination by the Company for one of the following reasons: (i) Executive's fraud or embezzlement with respect to the Company; (ii) Executive's breach of fiduciary duties to the Company; (iii) Executive's willful and continuing failure to substantially perform his obligations under this Agreement after reasonable written notice detailing such failure and an opportunity to cure; (iv) Executive's conviction or plea of nolo contendere or guilty in respect of a felony; or (vi)... Executive's willful or grossly negligent misconduct that has resulted in a material adverse effect on the property, business, or reputation of the Company. View More

Cause. For purposes of this Agreement, 'Cause' means the occurrence of any of the following after the Effective Date (i) Employee's persistent failure to carry out any material lawful duties of Employee or any lawful directions of the Board reasonably consistent with Employee's duties; provided, however, that Employee has been given reasonable notice of the specific failure and an opportunity to correct such failure within thirty (30) business days from the date of the notice; (ii) Employee's... conviction of or plea of nolo contendere to a felony, which has had or will have a detrimental effect on the Company's reputation or business, (iii) Employee engaging in an act of gross negligence or willful misconduct in the performance of his employment obligations and duties, (iv) Employee's commission of an act of fraud against the Company or willful misappropriation of property belonging to the Company; (v) Employee engaging in any other willful misconduct that has caused or will cause material harm to the Company's reputation or business; or (vi) Employee's material breach of the Restrictive Covenants Agreement or the Prior Exhibits. No act or failure to act will be considered 'willful' unless Employee has acted, or failed to act, with a lack of good faith and with a lack of reasonable belief that Employee's action or failure to act was in the best interest of the Company or any of its affiliates. View More

Cause. Any of the following acts or omissions by Executive: (i) any act or omission requiring the Bank to terminate Executive in order to comply with Section 19 of the Federal Deposit Insurance Act, 12 USC Section 1829(a), (ii) the commission of a felony or any other crime involving moral turpitude or the pleading of nolo contendere to any such act, (iii) the commission of any act or acts of dishonesty when such acts are intended to result or result, directly or indirectly, in gain or personal... enrichment of Executive or any related person or affiliated company and are intended to cause harm or damage to any member of the Equity Group, (iv) the illegal use of controlled substances, (v) the misappropriation or embezzlement of assets of any member of the Equity Group, (vi) the breach of any material term or provision of this Agreement, (vii) a knowing and willful violation of a material business directive of the Direct Supervisor that is not remedied within a reasonable period after receipt of written notice from the Direct Supervisor; (viii) continuing or habitual drug or alcohol use that materially interferes with the performance of Executive's duties and responsibilities; or (ix) failure or refusal by Executive to substantially perform his or her duties to the reasonable satisfaction of the Direct Supervisor. The Bank may place Executive on paid leave for up to 60 days while it is determining whether there is a basis to terminate the Executive's employment for Cause. Any such action by the Bank will not constitute Good Reason. View More