Termination by Company. The Company may terminate Employee’s employment with the Company at any time effective immediately: # without Cause (as defined below); or # with Cause (as defined below). For purposes of this Agreement, “Cause” shall mean Employee’s: # gross negligence or willful misconduct with respect to the Company, including, without limitation, engagement in dishonesty with respect to the Company’s business, or conduct that is injurious to the Company, its business or its reputation; # embezzlement, theft or fraud; # conviction of or plea of guilty or no contest to any felony, or any lesser crime of dishonesty; # personal conduct in furtherance of a hostile work environment or personal engagement in discrimination in violation of any state or federal anti-harassment or discrimination statute; # breach of any material obligation under this Agreement or any other written agreement between Employee and the Company; # Employee’s failure to perform Employee’s duties (other than any such failure resulting from incapacity due to physical or mental illness); or # violation of the Company’s written policies, including but not limited to its Code of Ethics and/or Code of Conduct.
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