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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.

“(a) 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.

Termination by Company.Cause. The Company may terminate Employee’s employment with the Company at any time effective immediately: #time, without Cause (as defined below); or #notice and with Cause (as defined below).immediate effect, for Cause. For purposes of this Agreement, “Cause” shall mean Employee’s: # gross negligence orthe willful misconduct with respectand repeated failure of Employee to perform substantially 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 with the Company (other than any such failure resulting from incapacity due to physical or mental illness); after having received written notice from the Company and an opportunity to correct; # Employee’s conviction of, or plea of guilty or nolo contendere to, a felony which is materially and demonstrably injurious to the Company; or # Employee’s willful engagement in material and gross misconduct in violation of the Company’s written policies, including but not limited to its Code of Ethics and/or Code of Conduct.Company policy.

Termination by Company.the Company for Cause. The Company may terminate Employee’s employment with the Companythis Agreement at any time effective immediately: # without Cause (as defined below); or # with Cause (as defined below).in its sole discretion for Cause. For purposes of this Agreement, “Cause” shall meanmean: # failure or refusal to carry out the lawful directions of the Company, which are reasonably consistent with the responsibilities of Employee’s:s position; # gross negligencea material act of dishonesty or willful misconduct with respectdisloyalty related to the business of the Company; # conviction of a felony, any crime against the Company, including,or any crime involving dishonest conduct; # performance of Employee’s duties under the influence of alcohol or controlled substances without limitation, engagement in dishonestya prescription; # any incident materially compromising Employee’s reputation or ability to represent the Company with respect tothe public or any act or omission by Employee that substantially impairs the Company’s business, good will, or conduct that is injurious to the Company, its businessreputation; 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; #Employee’s material breach of any material obligation underterm of this Agreement or any otherthe Resignation General Release which, if deemed susceptible to cure by the Company within its sole discretion, remains uncured for 30-days after Company provides written agreement betweennotice to Employee and the Company; # Employee’s failure to perform Employee’s duties (other than anyof 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.breach.

Termination by Company. The Company may terminate Employee’the Employee's employment withunder this agreement for "Cause," effective immediately upon delivery of written notice to the Company at any time effective immediately:Employee. Cause shall be deemed to exist if the Employee shall have # without Cause (as defined below); or # with Cause (as defined below). For purposesmaterially breached the terms of this Agreement, “Cause” shall mean Employee’s:Agreement; # gross negligence or willful misconduct with respectwillfully failed 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 ofsubstantially perform his duties, other than 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);illness; or # violationengaged in serious misconduct which is demonstrably and substantially injurious to the Company. No act or failure to act will be considered "Cause" if such act or failure is done in good faith and with a reasonable belief that it is in the best interests of the Company’s written policies, including but not limited to its Code of Ethics and/or Code of Conduct.Company.

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