Cause

Cause. Shall mean the Executive's: (i) dishonesty of a material nature (including, but not limited to, theft or embezzlement of Company funds or assets); (ii) conviction of, or guilty plea or no contest plea, to any felony, or the entry of a consent decree with any governmental body regarding any such felony; (iii) noncompliance in any material respect with any laws or regulations, foreign or domestic, materially affecting the operation of the Company's business; (iv) violation of any express... direction or any rule, regulation or policy established by the Board that is consistent with the terms of this Agreement; (v) material breach of this Agreement or of the Executive's fiduciary duties to the Company; or (vi) abuse of alcohol or drugs which interferes with the Executive's performance of his duties; provided that in the case of (iii), (iv) or (v), which noncompliance, violation or breach, if reasonably capable of cure within thirty (30) days shall not have been cured within thirty (30) days of written notice thereof by any manager of the Company to the Executive. View More

Cause. The occurrence of any of the following events: (i) conduct by the Employee that is demonstrably likely to lead to material financial harm to the Company or the Bank; (ii) conduct by the Employee of a fraudulent nature against the Company or the Bank that resulted or was intended to result in direct or indirect gain to or personal enrichment of the Employee; (iii) conduct resulting in the conviction of the Employee of a felony; and (iv) conduct by the Employee that results in the permanent... removal of the Employee from his position as an officer or an employee of the Company or the Bank pursuant to written order by any regulatory agency with authority and jurisdiction over the Company or the Bank, as the case may be. View More

Cause. (i) the commission of a felony or other crime, in each case involving moral turpitude, (ii) the commission of any other act or omission involving fraud with respect to the Company or any of its Affiliates or any of their directors, stockholders, partners or members, (iii) any act or omission involving dishonesty against, with respect to, or relating to the Company having an adverse effect on the Company or any of its Affiliates or any of their directors, stockholders, partners or members, (iv)... gross negligence with respect to the Company or any of its Subsidiaries, (v) willful misconduct with respect to the Company or any of its Subsidiaries, (vi) non-satisfactory performance of Executive's specific duties and obligations to the Company as delegated to such Executive by the Board (and the performance of which is within such Executive's control and capacities) in the good faith determination of the Board, or (vii) any other breach of this Agreement, Section 10 of the Founders Agreement, the Invention and Non-Disclosure Agreement, or any other agreement referred to therein between the Executive and the Company or any of its Affiliates (but excluding those Transaction Documents (as defined in that certain Asset Acquisition Agreement, dated as of December , 2002, by and among the Company and GNJ, Inc. (f/k/a Rackable Systems, Inc.)) not specifically referenced in this definition); provided that it shall only be deemed "Cause" pursuant to clauses (iv), (vi) or (vii) if Executive is given notice and fails to cure within thirty (30) days View More

Cause. (a) "Cause," when used by the Executive as the basis for resigning from his employment hereunder, shall mean: (i) the Company's willful, material breach of any material obligation of the Company under this Agreement, after giving the Company notice of such breach and thirty (30) days to cure such breach; or (ii) the occurrence of a Change in Control (as defined below), subject to Section 6.3(a). (b) "Cause," when used by the Company as a basis for terminating the Executive's employment... hereunder, shall mean: (i) the Executive's willful, material breach of any material obligation of the Executive under this Agreement, including unreasonable failure or refusal to perform the duties required of him, after giving the Executive notice of such breach and thirty (30) days to cure such breach; (ii) any willful misconduct in connection with his employment that could materially impair the financial condition or reputation of the Company; or (iii) the Executive's conviction for, or plea of guilty or nolo contendre (or similar plea) to any criminal offense that is a felony or includes fraud as an element of the offense. View More

Cause. A vote of the Board resolving that the Optionee should be dismissed as a result of: (i) dishonest acts of the Optionee with respect to the Company or any Affiliate of the Company; (ii) the commission by or indictment of the Optionee for (A) a felony or (B) any misdemeanor involving moral turpitude, deceit, dishonesty or fraud ("indictment," for these purposes, meaning an indictment, probable cause hearing or any other procedure pursuant to which an initial determination of probable or... reasonable cause with respect to such offense is made); (iii) Optionee's breach of his duty of loyalty to the Company or any Affiliate of the Company or any act or omission by the Optionee constituting unethical business practices; (iv) failure to perform to the reasonable judgment of the Board the Optionee's duties and responsibilities assigned or delegated to such Optionee; (v) gross negligence of the Optionee, including but not limited to continued absences after written notice given to the Optionee by the Board; (vi) willful misconduct or insubordination of the Optionee with respect to the Company or any Affiliate of the Company, including but not limited to repeated unwarranted threats of resignation; or (vii) breach by the Optionee of any of the Optionee's material obligations under any noncompetition, nondisclosure and developments agreement executed by the Optionee in favor of the Company or any Affiliate of the Company. View More

Cause. As defined in the Employment Agreement, including all of the procedures described therein applicable to a termination by the Company for Cause.

Cause. Willful, reckless or negligent misconduct with respect to, or that is harmful to, ITEX or any of its officers, directors, employees, clients, partners, insurers, or other third parties, including without limitation, acts of dishonesty, fraud, unauthorized use or disclosure of confidential information or trade secrets or other misconduct, in each case as determined by ITEX in its sole and absolute discretion.

Cause. The term "Cause" shall mean any (i) dishonesty, disloyalty or breach of corporate policies, in each case that is material to the ability of the Participant to continue to function as an effective executive given the strict regulatory standards of the industry in which the Company does business; (ii) gross misconduct on the part of the Participant in the performance of the Participant's duties (as determined by the Board); (iii) the Participant's termination for cause under pursuant to the terms... of his or her employment agreement with the Company, (iv) if applicable, the Participant's failure to be licensed as a ‘key person' or similar role under the laws of any jurisdiction where the Company does business, or the loss of any such license for any reason, or (v) the Participant's repeated poor performance. View More

Cause. Means the occurrence of one or both of the following: Delvin is convicted of criminal conduct or engages in conduct with respect to the Company that is dishonest, fraudulent or materially detrimental to the reputation, character or standing of the Company.

Cause. Any of the following: (i) an intentional unauthorized use or disclosure of the Corporation's confidential information or trade secrets, which use or disclosure causes material harm to the Corporation, (ii) a material breach of any agreement between Executive and the Corporation, (iii) a material failure to comply with the Corporation's written policies or rules, (iv) conviction of, or plea of "guilty" or "no contest" to, a felony under the laws of the United States or any state thereof, (v)... gross negligence or willful misconduct or (vi) a continued failure to perform assigned duties after receiving written notification of such failure from the Board View More