Cause

Cause. (i) engaging by Executive in willful misconduct which is materially injurious to Company; (ii) conviction of Executive by a court of competent jurisdiction of, or entry of a plea of nolo contendere with respect to a felony; (iii) engaging by Executive in fraud, material dishonesty or gross misconduct in connection with the business of Company; (iv) engaging by Executive in any act of moral turpitude reasonably likely to materially and adversely affect Company or its business; or (v) Executive's... current chronic abuse of or dependency on alcohol or drugs (illicit or otherwise). No act or omission of Executive shall be "willful" if conducted in good faith or with a reasonable belief that such conduct was in the best interests of the Company. No termination shall be for "Cause" unless approved by a resolution of a majority of the members of the Board after reasonable prior notice to Executive and an opportunity to appear (with the assistance of counsel) before the Board View More

Cause. (i) the conviction of a felony or a crime involving moral turpitude (excluding a traffic violation not involving any period of incarceration) or the willful commission of any other act or omission involving dishonesty or fraud with respect to, and materially adversely affecting the business affairs of, the Company or any of its Subsidiaries or any of their customers or suppliers; (ii) conduct tending to bring the Company or any of its Subsidiaries into substantial public disgrace or disrepute... that causes substantial and material injury to the business and operations of the Company or such Subsidiary; (iii) substantial and repeated failure to perform duties of the office held by the Executive as reasonably directed by the Board (other than any such failure resulting from the Executive’s incapacity due to injury or illness), and such failure is not cured within 30 days after the Executive receives written notice thereof from the Board that specifically identifies the manner in which the Company believes the Executive has not substantially performed his duties; (iv) gross negligence or willful misconduct with respect to the Company or any of its Subsidiaries that causes substantial and material injury to the business and operations of the Company or such Subsidiary; (v) any material breach of the Related Agreement. For purposes of this definition, no act or failure to act, on the part of the Executive, shall be considered “willful” unless it is done, or omitted to be done, by the Executive in bad faith or without reasonable belief that the Executive’s action or omission was in the best interests of the Company; and any act, or failure to act, based upon authority given pursuant to a resolution duly adopted by the Board or based upon advice of counsel for the Company shall be conclusively presumed to be done, or omitted to be done, by the Executive in good faith and in the best interests of the Company View More

Cause. Any act by the Executive that is materially inimical to the best interests of the Company and that constitutes common law fraud, a felony or other gross malfeasance of duty on the part of the Executive.

Cause. (i) Mr. Feld has engaged in willful and material misconduct, including willful and material failure to perform his duties as an officer or employee of Cost Plus or a material breach of this Agreement and has failed to "cure" such default within thirty (30) days after receipt of written notice of default from Cost Plus; (ii) The commission of an act of fraud or embezzlement resulting in loss, damage or injury to Cost Plus, whether directly or indirectly; (iii) Mr. Feld's use of narcotics, liquor... or illicit drugs has had a detrimental effect on the performance of his employment responsibilities, as determined by Cost Plus's Board of Directors; (iv) Mr. Feld's violation of Sections 5 or 6 or this Agreement; (v) The conviction of, or plea of nolo contendere by, Mr. Feld on a felony or misdemeanor charge that is either in connection with the performance of Mr. Feld's obligations to Cost Plus or that shall adversely affect his ability to perform such obligations; (vi) Gross negligence, dishonesty, breach of fiduciary duty or material breach of the terms of the Agreement or any other agreement in favor of Cost Plus; or (vii) The commission of an act constituting unfair competition with Cost Plus or inducing any vendor or supplier of Cost Plus to break a contract with Cost Plus. View More

Cause. Shall have the meaning provided in any applicable employment or severance agreement between you and the Company (or SKYX or an affiliate), or in the absence of such an agreement that defines the term, “Cause” shall mean: (i) embezzlement, fraud or other conduct that would constitute a felony (other than traffic-related citations); (ii) willful unauthorized disclosure of confidential information; (iii) gross misconduct or gross neglect in the performance of your duties; (iv) willful failure to... cooperate with a bona fide internal investigation or investigation by regulatory or law enforcement authorities, after being instructed by the Company (or SKYX or an affiliate) to cooperate, or the willful destruction or failure to preserve documents or other material reasonably known to be relevant to such an investigation, or the willful inducement of others to fail to cooperate or to destroy or fail to produce documents or other material relevant to such an investigation; or (v) willful and material violation of the Company’s (or SKYX’s or an affiliate’s) written conduct policies; provided, however, that a termination of your employment by the Company (or SKYX or an affiliate) pursuant to sub-paragraphs (iii), (iv) or (v) of the foregoing shall not be deemed to be for Cause unless the Company (or SKYX or an affiliate) gives you written notice prior to such termination, setting forth the nature of any alleged failure, breach or refusal in reasonable detail and the conduct required to cure, and, except for a failure, breach or refusal which, by its nature, cannot reasonably be expected to be cured, you shall have 30 business days from the giving of such notice (or, if the Company (or SKYX or an affiliate) reasonably expects irreparable injury from a delay of 30 business days, such shorter period set out in the written notice to you as is reasonable under the circumstances) within which to cure any failure, breach or refusal under sub-paragraphs (iii), (iv) or (v) of the foregoing. View More

Cause. The occurrence of any one or more of the following: (i) the Employee's conviction of any felony or any crime involving fraud, dishonesty or moral turpitude; (ii) the Employee's participation in a fraud or act of dishonesty against the Corporation, its Subsidiaries or Affiliates or any successor to the Corporation that results in material harm to the business of the Corporation, its Subsidiaries or Affiliates or any successor to the Corporation; (iii) the Employee's intentional, material... violation of any contract between the Corporation, its Subsidiaries or Affiliates or any successor to the Corporation and the Employee, or any statutory duty the Employee owes the Corporation, its Affiliates or any successor to the Corporation, in either case that the Employee does not correct within 30 days after written notice thereof has been provided to the Employee, (iv) the commission of an act by the Employee that could (either alone or with other acts) be considered harassment or discrimination on the basis of gender, race, age, religion, sexual orientation or other protected category; or (v) the commission by the Employee of an alcohol or drug offense in violation of the Corporation's, or a Subsidiary's or an Affiliate's Substance Abuse Policy for salaried employees. View More

Cause. Shall mean discharge by the Company on the following grounds: (i) failure of the Executive to devote a substantial amount of the Executive’s working time to the business of the Company; (ii) gross negligence or willful misconduct in the performance of the Executive’s duties; or (iii) conviction of (or, in any court of law, a plea of nolo contendere with respect to) any act of fraud, theft or financial dishonesty toward the Company, or of any felony or criminal act involving moral turpitude;... provided, however, that Cause shall not exist unless the Board provides a Notice of Termination to the Executive of the Company’s intention to terminate this Agreement for Cause, which notice shall identify in reasonable detail the basis therefor and be delivered within thirty (30) days after the event or circumstances providing such basis, and unless the Executive fails to cure such condition, if curable, within thirty (30) days following delivery of the Notice of Termination. The Date of Termination shall be the thirtieth day after such Notice of Termination. View More

Cause. (i) the willful failure or refusal by Conroy to perform Conroy's duties (other than any such failure resulting from Conroy's incapacity due to physical or mental illness); (ii) Conroy's willful material breach of any employment agreement or offer letter with the Company or any job description or material policy of the Company or its subsidiaries applicable to Conroy; (iii) Conroy's willful engaging in misconduct, or conduct deemed by the Board of Directors of the Company, in its sole... discretion, to be grossly negligent, with respect to the performance of Conroy's duties that is materially injurious to the Company, its subsidiaries, employees or customers, monetarily or otherwise, (iv) any violation by Conroy of Conroy's obligations under Sections 3 and 4 of this Agreement or (v) Conroy's conviction of, or plea of guilty or nolo contendere, with respect to any felony or any crime involving theft, dishonesty or fraud, or commission of an act of moral turpitude which results or is reasonably likely to result in material harm to the Company, its business or reputation; provided that, in the case of subsections (i), (ii) and (iii) any such failure, breach or misconduct which, if capable of cure, has not been cured within five (5) days after written notice of such breach is delivered to Conroy by the Board of Directors of the Company. View More

Cause. Shall mean (I) material breach of any material terms of this Agreement, (ii) conviction of a felony, (iii) fraud, (iv) repeated unexplained or unjustified absence, (v) willful breach of fiduciary duty under applicable laws, this Agreement or Company policies first in effect prior to the occurrence of a Change in Control or (vi) gross negligence or willful misconduct where such gross negligence or willful misconduct has resulted or is likely to result in substantial and material damage to the... Company or its subsidiaries. View More

Cause. Means any of the following: the willful commission of, or the willful omission to take, an action in bad faith and to the material detriment of the Company; commission of an act of active and deliberate dishonesty or fraud against the Company; a material breach of this Agreement or the Company's policies; conviction following final disposition of any available appeal of a felony; or pleading guilty or no contest to a felony.