Cause

Example Definitions of "Cause"
Cause. Termination for any of the following reasons: (i) conduct constituting willful gross neglect or willful gross misconduct in carrying out your duties, resulting, in either case, in material economic harm to Symantec, unless you believe in good faith that such conduct was in, or not opposed to, the best interest of Symantec; (ii) a material breach by you of one or more obligations under this agreement, and/or the attached Employee Agreement; (iii) any unjustified refusal to follow reasonable... directives of the person to whom you report relating to the performance of your duties after there has been delivered to you a written demand for performance which describes the specific material deficiencies in your performance and the specific manner in which your performance must be improved, all in accordance with the Symantec Employer performance management plan, and which provides forty (40) business days from the date of notice, or the amount of time specified in any applicable Symantec Employer performance management plan, whichever is greater, to remedy such performance deficiencies; (iv) a material dereliction of the major duties, functions and responsibilities of your position; (v) a material breach by you of any of your fiduciary obligations as an officer of Symantec; or (vi) your conviction of a felony crime involving moral turpitude or your commission of any material act of dishonesty, theft or embezzlement. View More
Cause. Will mean: (i) Executive's continued intentional and demonstrable failure to perform his or her duties customarily associated with Executive's position as an employee of the Company or its respective successors or assigns, as applicable (other than any such failure resulting from Executive's mental or physical Disability) after Executive has received a written demand of performance from the Company with specifically sets forth the factual basis for the Company's belief that Executive... has not devoted sufficient time and effort to the performance of his or her duties and has failed to cure such non-performance within thirty (30) days after receiving such notice (it being understood that if Executive is in good-faith performing his or her duties, but is not achieving results the Company deems satisfactory for Executive's position, it will not be considered to be grounds for termination of Executive for "Cause"); (ii) Executive's conviction of, or plea of nolo contendere to, a felony that the Board of Directors of the Company (the "Board") reasonably believes has had or will have a material detrimental effect on the Company's reputation or business; or (iii) Executive's commission of an act of fraud, embezzlement, misappropriation, willful misconduct, or breach of fiduciary duty against, and causing material harm to, the Company or its respective successors or assigns, as applicable. -5- Executive will receive notice and an opportunity to be heard before the Board with Executive's own attorney before any termination for Cause is deemed effective. Notwithstanding anything to the contrary, the Board may immediately place Executive on administrative leave (with full pay and benefits to the extent legally permissible) but will allow reasonable access to Company information, employees and business should Executive wish to avail himself and prepare for his or her opportunity to be heard before the Board prior to the Board's termination for Cause. If Executive avails himself of his or her opportunity to be heard before the Board, and then fails to make himself or herself available to the Board within thirty (30) days of such request to be heard, the Board may thereafter cancel the administrative leave and terminate Executive for Cause. Likewise, if the Board fails to make itself available to Executive and his or her counsel within thirty (30) days of Executive's request to be heard, Executive will be entitled to terminate his or her employment with the Company and such termination will be treated as a resignation by Executive for Good Reason. View More
Cause. (i) commission of any act of dishonesty, fraud, misrepresentation or other act of moral turpitude by Executive, (ii) Executive's conviction of a felony, (iii) a willful act by Executive which constitutes disloyalty or gross misconduct injurious to the Company, (iv) misrepresentation or concealment by Executive of any fact for the purpose of securing or maintaining this Agreement, or (v) continued violations by Executive of Executive's employment duties which are willful on Executive's part... after Executive has been given written demand for performance from the Board which specifically sets forth the factual basis for the Board's belief that Executive has not substantially performed Executive's duties. View More
Cause. For purposes of this Agreement, "Cause" means: (i) Executive's willful gross misconduct; (ii) Executive's unjustifiable neglect of his duties (as determined in the good faith judgment of the Board); (iii) Executive's acting in any manner that has a direct, substantial and adverse effect on the Company or its reputation; (iv) Executive's repeated material failure or repeated refusal to comply with reasonable written policies, standards and regulations established by the Company from time to time... which failure, if curable, is not cured to the reasonable satisfaction of the Board during the thirty (30) day period following written notice of such failure from the Company; (v) any tortuous act, unlawful act or malfeasance which causes or reasonably could cause (for example, if it became publicly known) material harm to the Company's standing, condition or reputation; (vi) any material breach by Executive of the provisions of any confidential information agreement with the Company or other material improper disclosure of the Company's confidential or proprietary information; (vii) Executive's theft, dishonesty, or falsification of any Company records; (viii) Executive's being found liable in any Securities and Exchange Commission or other civil or criminal securities law action or entering any cease and desist order with respect to such action (regardless of whether or not Executive admits or denies liability); or (ix) Executive (A) obstructing or impeding; (B) endeavoring to influence, obstruct or impede, or (C) failing to materially cooperate with, any investigation authorized by the Board or any governmental or self-regulatory entity (an "Investigation"). However, Executive's failure to waive attorney-client privilege relating to communications with Executive's own attorney in connection with an Investigation will not constitute "Cause." View More
Cause. (i) the CLO's failure to perform the duties or responsibilities of his employment, in any material respect, as reasonably required or directed by the Board of Directors of the Company (the "Board") or the Chief Executive Officer (the "CEO") and the President, (or the relevant supervising officer, manager or board of directors of a successor company), which failure is not cured within thirty (30) days following notice to the CLO of the poor performance which notice describes in reasonable detail... the poor performance; (ii) the CLO personally engaging in illegal conduct that is detrimental to the Company; (iii) the CLO being convicted of a felony; or (iv) the CLO committing a material act of dishonesty, fraud or misappropriation of property. View More
Cause. (i) Executive's failure to comply with lawful directions of the chief executive officer or the Board of Directors of the Company (the "Board"), which failure is not cured within thirty (30) days following notice to Executive of such failure; (ii) Executive personally engaging in illegal conduct that a reasonable person would know to be detrimental to the Company; (iii) Executive being convicted of a felony; or (iv) Executive committing a material act of dishonesty, fraud or misappropriation of... property respecting the Company. View More
Cause. A good faith finding by no fewer than two-thirds of the members of the Board (excluding the Executive, if applicable) of (i) the Executive's failure to (1) perform reasonably assigned lawful duties or (2) comply with a lawful instruction of the Board, Chief Executive Officer or such other executive officer with direct supervisory authority over the Executive so long as, in the case of (2), the instruction is consistent with the scope and responsibilities of the Executive's position, or (ii) the... Executive's dishonesty, willful misconduct or gross negligence, or (iii) the Executive's substantial and material failure or refusal to perform according to, or to comply with, the policies, procedures or practices established by the Company or the Board and, in the case of (i) or (iii), the Executive has had ten (10) days written notice to cure his failure to so perform or comply; or (b) the Executive's indictment, or the entering of a guilty plea or plea of "no contest" with respect to a felony or any crime involving moral turpitude View More
Cause. (i) the Participant is convicted of a felony or of any crime involving moral turpitude, dishonesty, fraud, theft or financial impropriety; or (ii) a reasonable determination by the Committee or Board that, (A) the Participant has willfully and continuously failed to perform substantially his/her duties (other than such failure resulting from incapacity due to physical or mental illness), after a written demand for corrected performance is delivered to the Participant which specifically... identifies the manner(s) in which the Participant has not substantially performed his/her duties, (B) the Participant has engaged in illegal conduct, an act of dishonesty or gross misconduct injurious to the Company, or (C) the Participant has knowingly violated a material requirement of the Company's ethical code of conduct, or Participant's fiduciary duty to the Company. Notwithstanding the foregoing, if the Participant and the Company have entered into an employment or service agreement which defines "Cause" (or words of similar import), such definition and any procedures relating to the determination thereof set forth in such agreement shall govern the determination of whether "Cause" has occurred for purposes of the Program View More
Cause. Means, unless the Administrator determines otherwise, a Participant's termination of employment or service resulting from the Participant's (i) termination for "cause" as defined under the Participant's employment, consulting or other agreement with the Corporation or an Affiliate, if any, or (ii) if the Participant has not entered into any such employment, consulting or other agreement (or if any such agreement does not address the effect of a "cause" termination), then the Participant's... termination shall be for "Cause" if termination results due to the Participant's (A) dishonesty; (B) refusal or continued failure to perform his duties for the Corporation, as determined by the Administrator or its designee; (C) engaging in fraudulent conduct; or (D) engaging in any conduct that could be materially damaging to the Corporation without a reasonable good faith belief that such conduct was in the best interest of the Corporation. The determination of "Cause" shall be made by the Administrator and its determination shall be final and conclusive. Without in any way limiting the effect of the foregoing, for the purposes of the Plan and any Award, a Participant's employment or service shall be deemed to have terminated for Cause if, after the Participant's employment or service has terminated, facts and circumstances are discovered that would have justified, in the opinion of the Administrator, a termination for Cause. View More
Cause. Willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to any Specified Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and any Specified Company), as determined by the Company, which determination shall be conclusive. Notwithstanding the foregoing, if the Participant is party to... an employment, consulting or severance agreement with a Specified Company that contains a definition of 'cause' for termination of employment or other relationship as an Eligible Participant, 'Cause' shall have the meaning ascribed to such term in such agreement. The Participant's employment or other relationship as an Eligible Participant shall be considered to have been terminated for 'Cause' if the Company determines no later than 30 days after the Participant's termination of employment or other relationship as an Eligible Participant, that termination for Cause was warranted. View More
All Definitions