Employer's Good Cause

Employer's Good Cause. (1) Employee's death; (2) Employee's "Disability," which is hereby defined to include incapacity for medical reasons certified to by "Employer's Physician" (defined below) which precludes the Employee from performing the essential functions of Employee's duties hereunder for a consecutive or predominately consecutive period of six (6) months. (In the event Employee disagrees with the conclusions of Employer's Physician, Employee (or Employee's representative) shall designate a physician of... Employee's choice, ("Employee's Physician") and Employer's Physician and Employee's Physician shall then jointly select a third physician, who shall make a final determination regarding Employee's Disability, which shall be binding on the parties); (2) Employee's failure to abide by Employer's policies and procedures, misconduct, insubordination, inattention to Employer's business, failure to perform the duties required of Employee up to the standards established by the Employer's senior management, dishonesty, or other material breach of this Agreement. Employer reserves the sole and absolute discretion to determine whether any of the foregoing circumstances exist or have occurred, provided that such discretion is exercised lawfully and in good faith; or (3) Employee's failure or inability to satisfy the requirements stated in Section 6 above. View More

Employer's Good Cause. Shall mean: (1)Employee's death; (2)Employee's "Disability," which is hereby defined to include incapacity for medical reasons certified to by "Employer's Physician" (defined below) which precludes the Employee from performing the essential functions of Employee's duties hereunder for a consecutive or predominately consecutive period of six (6) months, with or without reasonable accommodations. (In the event Employee disagrees with the conclusions of Employer's Physician, Employee (or... Employee's representative) shall designate a physician of Employee's choice, ("Employee's Physician") and Employer's Physician and Employee's Physician shall then jointly select a third physician, who shall make a final determination regarding Employee's Disability, which shall be binding on the parties). Employee acknowledges that consistent and reliable attendance is an essential function of Employee's position. Employee agrees and acknowledges that a termination under this paragraph does not violate any federal, state or local law, regulation or ordinance, including but not limited to the Americans With Disabilities Act; (3)(A) the Employee's conviction of, or plea of guilty or nolo contendere to (x) a crime relating to the Company or its affiliates or (y) any felony, (B) Employee is found disqualified or not suitable to hold a casino or other gaming license by a final, non-appealable determination (or if Employee fails to appeal a determination that may be appealed) of an applicable governmental gaming authority, which causes Employee's failure or inability to satisfy gaming licensing requirements set forth in this Agreement, (C) willful misconduct, gross misconduct, or gross negligence in the performance of the Employee's duties to the Company, (D) a material breach by the Employee of any material written agreement entered into between the Employee and the Company, or any material written policy of the Company, including the Company's sexual harassment policy, (E) the Employee's refusal or intentional failure to follow a lawful and proper direction of the Board, or (F) any conduct (whether or not listed in (A) through (E) of this paragraph) by the Employee, whether or not in the course of performing the Employee's responsibilities to the Company, that has or is reasonably likely to have a material adverse effect on the business, assets or reputation of the Company; in the cases of each of (C) through (F) above, that, if curable, is not cured by the Employee within thirty (30) days following the Employee's receipt of written notice given to the Employee by the Company; or (4)Employee's failure or inability to satisfy the requirements stated in Section 6 above. View More

Employer's Good Cause. (1) Employee's (a) failure to abide by Employer's policies and procedures (whether generally applicable to all employees, executive officers, or otherwise) that is reasonably likely to result in injury to the Company economically or otherwise, excluding a failure that Employee could not be reasonably expected to realize would constitute such a failure, provided that, a violation of any policies applicable solely to Employer's executive officers shall be deemed reasonably likely to result in... injury to the Company; (b) misconduct which is reasonably likely to result in injury to the Company economically or otherwise, excluding conduct that the Employee could not be reasonably expected to have understood would constitute such misconduct of Employee; (c) failure to competently perform his statutory or reasonably assigned duties with the Company at a level that can be reasonably expected of a person with Employee's position, excluding a failure that Employee could not be reasonably expected to realize would constitute such a failure (other than a failure resulting from Employee's incapacity due to physical or mental illness or from assignment of duties to Employee that would constitute Employee's Good Cause), provided that, for the purpose of (c), the fact that a particular business decision does not result in a favorable outcome shall not by itself constitute a failure under (c); or (d) other material breach of this Agreement, which failure, misconduct or breach is not cured by Employee within thirty (30) days after written notice thereof from Employer specifying the facts and circumstances of the alleged failure or breach, during which 30-day period Employee shall be afforded a reasonable opportunity to be heard by the Board, provided, however, that such notice, opportunity to cure and opportunity to be heard shall not be required prior to termination if, in the good faith judgment of the Board, such breach is not capable of being cured within thirty (30) days; or (2) Employee's failure or inability to satisfy the requirements stated in Section 6 above. View More

Employer's Good Cause. The meaning given such term or a comparable term in the Participant's employment agreement with the Company entered into as of October 3, 2016, as amended

Employer's Good Cause. Shall have the meaning given such term or a comparable term in the Current Employment Agreement; provided, that if there is no Current Employment Agreement or if such agreement does not include such term or a comparable term, "Employer's Good Cause" means: A. Participant's failure to abide by the Employer's policies and procedures, misconduct, insubordination, inattention to the Employer's business, failure to perform the duties required of the Participant up to the standards established by... the Employer's senior management, or material breach of the Current Employment Agreement, which failure or breach is not cured by the Participant within ten (10) days after written notice thereof from the Employer specifying the facts and circumstances of the alleged failure or breach, provided, however, that such notice and opportunity to cure shall not be required if, in the good faith judgment of the Board, such breach is not capable of being cured within ten (10) days; B. Participant's failure or inability to apply for and obtain any license, qualification, clearance or other similar approval which the Employer or any regulatory authority which has jurisdiction over the Employer requests or requires that the Participant obtain; C. the Employer is directed by any governmental authority in Nevada, Michigan, Mississippi, Illinois, Macau S.A.R., or any other jurisdiction in which the Employer is engaged in a gaming business or where the Employer has applied to (or during the term of the Participant's employment under the Current Employment Agreement, may apply to) engage in a gaming business to cease business with the Participant; D. the Employer determines, in its reasonable judgment, that the Participant was, is or might be involved in, or is about to be involved in, any activity, relationship(s) or circumstance which could or does jeopardize the Employer's business, reputation or licenses to engage in the gaming business; or E. any of the Employer's gaming business licenses are threatened to be, or are, denied, curtailed, suspended or revoked as a result of the Participant's employment by the Employer or as a result of the Participant's actions. View More