Definition of Cause. Cause" shall mean conduct involving one or more of the following: (i) the substantial and continuing failure of the Employee, after notice thereof, to render services to the Company or Related Corporation in accordance with the terms or requirements of his or her employment; (ii) disloyalty, gross negligence, willful misconduct, dishonesty or breach of fiduciary duty to the Company or Related Corporation; (iii) the commission of an act of embezzlement or fraud; (iv) deliberate disregard of the rules or policies of the Company or Related Corporation which results in direct or indirect loss, damage or injury to the Company or Related Corporation; (v) the unauthorized disclosure of any trade secret or confidential information of the Company or Related Corporation; or (vi) the commission of an act which constitutes unfair competition with the Company or Related Corporation or which induces any customer or supplier to breach a contract with the Company or Related Corporation.
Appears in 5 contracts
Sources: Incentive Stock Option Agreement (Equallogic Inc), Stock Option Agreement (Matrixone Inc), Incentive Stock Option Agreement (Datawatch Corp)
Definition of Cause. “Cause" ” shall mean conduct involving one or more of the following: (i) the substantial and continuing failure of the Employee, after notice thereof, to render services to the Company or Related Corporation in accordance with the terms or requirements of his or her employment; (ii) disloyalty, gross negligence, willful misconduct, dishonesty or breach of fiduciary duty to the Company or Related Corporation; (iii) the commission of an act of embezzlement or fraud; (iv) deliberate disregard of the rules or policies of the Company or Related Corporation which results in direct or indirect loss, damage or injury to the Company or Related Corporation; (v) the unauthorized disclosure of any trade secret or confidential information of the Company or Related Corporation; or (vi) the commission of an act which constitutes unfair competition with the Company or Related Corporation or which induces any customer or supplier to breach a contract with the Company or Related Corporation.
Appears in 4 contracts
Sources: Incentive Stock Option Agreement (Datawatch Corp), Incentive Stock Option Agreement (Seachange International Inc), Incentive Stock Option Agreement (Datawatch Corp)
Definition of Cause. Cause" shall mean conduct involving one or more of the following: (i) the substantial and continuing failure of the EmployeeOptionee, after notice thereof, to render services to the Company or any Related Corporation in accordance with the terms or requirements of his or her employmentBusiness Relationship; (ii) disloyalty, gross negligence, willful misconduct, dishonesty dishonesty, fraud or breach of fiduciary duty to the Company or any Related Corporation; (iii) the commission of an act of embezzlement or fraud; (iv) deliberate disregard of the rules or policies of the Company or any Related Corporation Corporation, or breach of an employment or other agreement with the Company or any Related Corporation, which results in direct or indirect loss, damage or injury to the Company or any Related Corporation; (viv) the unauthorized disclosure of any trade secret or confidential information of the Company or any Related Corporation; or (viv) the commission of an act which constitutes unfair competition with the Company or any Related Corporation or which induces any customer or supplier to breach a contract with the Company or any Related Corporation.
Appears in 3 contracts
Sources: Non Qualified Stock Option Agreement (Red Hat Inc), Non Qualified Stock Option Agreement (Red Hat Inc), Non Qualified Stock Option Agreement (Red Hat Inc)
Definition of Cause. “Cause" ” shall mean conduct involving one or more of the following: (i) the substantial and continuing failure of the EmployeeOptionee, after notice thereof, to render services to the Company or Related related Corporation in accordance with the terms or requirements of his or her employmentthe Optionee’s Business Relationship with the Company; (ii) disloyalty, gross negligence, willful misconduct, dishonesty or breach of fiduciary duty to the Company or Related Corporation; (iii) the commission of an act of embezzlement or fraud; (iv) deliberate disregard of the rules or policies of the Company or Related Corporation which results in direct or indirect loss, damage or injury to the Company or Related Corporation; (v) the unauthorized disclosure of any trade secret or confidential information of the Company or Related Corporation; or (vi) the commission of an act which constitutes unfair competition with the Company or Related Corporation or which induces any customer or supplier to breach break a contract with the Company or Related Corporation.
Appears in 3 contracts
Sources: Non Qualified Stock Option Agreement, Non Qualified Stock Option Agreement (Lionbridge Technologies Inc /De/), Non Qualified Stock Option Agreement (Lionbridge Technologies Inc /De/)
Definition of Cause. Cause" shall mean conduct involving one or more of the following: (i) the substantial and continuing failure of the Employee, after notice thereof, to render services to the Company or any Related Corporation in accordance with the terms or requirements of his or her employment; (ii) disloyalty, gross negligence, willful misconduct, dishonesty dishonesty, fraud or breach of fiduciary duty to the Company or any Related Corporation; (iii) the commission of an act of embezzlement or fraud; (iv) deliberate disregard of the rules or policies of the Company or any Related Corporation Corporation, or breach of an employment or other agreement with the Company or any Related Corporation, which results in direct or indirect loss, damage or injury to the Company or any Related Corporation; (viv) the unauthorized disclosure of any trade secret or confidential information of the Company or any Related Corporation; or (viv) the commission of an act which constitutes unfair competition with the Company or any Related Corporation or which induces any customer or supplier to breach a contract with the Company or any Related Corporation.
Appears in 2 contracts
Sources: Incentive Stock Option Agreement (Red Hat Inc), Incentive Stock Option Agreement (Red Hat Inc)
Definition of Cause. Cause" shall mean conduct involving one or more of the following: (i) the substantial and continuing failure of the EmployeeOptionee, after notice thereof, to attend meetings of the Board of Directors and render services to the Company or Related Corporation in accordance with as requested by the terms or requirements Board of his or her employmentDirectors; (ii) disloyalty, gross negligence, willful misconduct, dishonesty or breach of fiduciary duty to the Company or Related Corporation; (iii) the commission of an act of embezzlement or fraud; (iv) deliberate disregard of the rules or policies of the Company or Related Corporation which results in direct or indirect loss, damage or injury to the Company or Related Corporation; (v) the unauthorized disclosure of any trade secret or confidential information of the Company or Related Corporation; or (vi) the commission of an act which constitutes unfair competition with the Company or Related Corporation or which induces any customer or supplier to breach a contract with the Company or Related Corporation.
Appears in 2 contracts
Sources: Non Qualified Stock Option Agreement (Breakaway Solutions Inc), Non Qualified Stock Option Agreement (Breakaway Solutions Inc)
Definition of Cause. Cause" shall mean conduct involving one or more of the following: (i) the substantial and continuing failure of the EmployeeOptionee, after notice thereof, to render services to the Company or a Related Corporation in accordance with the terms or requirements of his or her employment; (ii) disloyalty, gross negligence, willful misconduct, dishonesty or breach of fiduciary duty to the Company or a Related Corporation; (iii) the commission of an act of embezzlement or fraud; (iv) deliberate disregard of the rules or policies of the Company or a Related Corporation which results in direct or indirect loss, damage or injury to the Company or a Related Corporation; (v) the unauthorized disclosure of any trade secret or confidential information of the Company or a Related Corporation; or (vi) the commission of an act which constitutes unfair competition with the Company or a Related Corporation or which induces any customer or supplier to breach a contract with the Company or a Related Corporation.
Appears in 2 contracts
Sources: Non Qualified Stock Option Agreement (Breakaway Solutions Inc), Non Qualified Stock Option Agreement (Breakaway Solutions Inc)
Definition of Cause. Cause" shall mean conduct involving one or more of the following: (i) the substantial and continuing failure of the EmployeeOptionee, after notice thereof, to render services to the Company or Related Corporation in accordance with the terms or requirements of his or her employmentthe Optionee's Business Relationship with the Company; (ii) disloyalty, gross negligence, willful misconduct, dishonesty or breach of fiduciary duty to the Company or Related Corporation; (iii) the commission of an act of embezzlement or fraud; (iv) deliberate disregard of the rules or policies of the Company or Related Corporation which results in direct or indirect loss, damage or injury to the Company or Related Corporation; (v) the unauthorized disclosure of any trade secret or confidential information of the Company or Related Corporation; or (vi) the commission of an act which constitutes unfair competition with the Company or Related Corporation or which induces any customer or supplier to breach break a contract with the Company or Related Corporation.
Appears in 2 contracts
Sources: Non Qualified Stock Option Agreement (Atlantic Data Services Inc), Non Qualified Stock Option Agreement (Gulf South Medical Supply Inc)
Definition of Cause. “Cause" ” shall mean conduct involving one or more of the following: (i) the substantial and continuing failure of the EmployeeOptionee, after notice thereof, to render services to the Company or Related Corporation in accordance with the terms or requirements of his or her employmentthe Optionee’s Business Relationship with the Company; (ii) disloyalty, gross negligence, willful misconduct, dishonesty or breach of fiduciary duty to the Company or Related Corporation; (iii) the commission of an act of embezzlement or fraud; (iv) deliberate disregard of the rules or policies of the Company or Related Corporation which results in direct or indirect loss, damage or injury to the Company or Related Corporation; (v) the unauthorized disclosure of any trade secret or confidential information of the Company or Related Corporation; or (vi) the commission of an act which constitutes unfair competition with the Company or Related Corporation or which induces any customer or supplier to breach break a contract with the Company or Related Corporation.
Appears in 1 contract
Sources: Director Non Qualified Stock Option Agreement (Transwitch Corp /De)
Definition of Cause. Cause" shall mean conduct involving one or more of the following: (i) the substantial and continuing failure of the EmployeeOptionee, after notice thereof, to render services to the Company or Related Corporation in accordance with the terms or requirements of his or her employmentBusiness Relationship; (ii) disloyalty, gross negligence, willful misconduct, dishonesty or breach of fiduciary duty to the Company or Related Corporation; (iii) the commission of an act of embezzlement or fraud; (iv) deliberate disregard of the rules or policies of the Company or Related Corporation which results in direct or indirect loss, damage or injury to the Company or Related Corporation; (v) the unauthorized disclosure of any trade secret or confidential information of the Company or Related Corporation; or (vi) the commission of an act which constitutes unfair competition with the Company or Related Corporation or which induces any customer or supplier to breach a contract with the Company or Related Corporation.
Appears in 1 contract
Sources: Non Qualified Stock Option Agreement (Breakaway Solutions Inc)
Definition of Cause. “Cause" shall mean ” means conduct involving one or more of the following: (i) the substantial and continuing failure of the EmployeeOptionee, after notice thereof, to render services to the Company or Related Corporation in accordance with the terms or requirements of his or her employmentthe Optionee’s Business Relationship with the Company; (ii) disloyalty, gross negligence, willful misconduct, dishonesty or breach of fiduciary duty to the Company or Related Corporation; (iii) the commission of an act of embezzlement or fraud; (iv) deliberate disregard of the rules or policies of the Company or Related Corporation which results in direct or indirect loss, damage or injury to the Company or Related Corporation; (v) the unauthorized disclosure of any trade secret or confidential information of the Company or Related Corporation; or (vi) the commission of an act which constitutes unfair competition with the Company or Related Corporation or which induces any customer or supplier to breach break a contract with the Company or Related Corporation.
Appears in 1 contract
Sources: Severance Agreement (Meta Group Inc)
Definition of Cause. Cause" shall mean conduct involving one or more of the following: (i) the substantial and continuing failure of the EmployeeOptionee, after notice thereof, to render services to the Company or Related Corporation in accordance with the terms or requirements of his or her employmentthe Optionee's Business Relationship with the Company; (ii) disloyalty, gross negligence, willful misconduct, dishonesty or breach of fiduciary duty to the Company or Related Corporation; (iii) the commission of an act of embezzlement or fraud; (iv) deliberate disregard of the rules or policies of the Company or Related Corporation which results in direct or indirect loss, damage or injury to the Company or Related Corporation; (v) the unauthorized disclosure of any trade secret or confidential information of the Company or Related Corporation; or (vi) the commission of an act which constitutes unfair competition with the Company or Related Corporation or which induces any customer or supplier to breach a contract with the Company or Related Corporation.
Appears in 1 contract
Sources: Non Qualified Stock Option Agreement (Equallogic Inc)
Definition of Cause. “Cause" ” shall mean conduct involving one or more of the following: (i) the substantial and continuing failure of the Employee, after notice thereof, to render services to the Company or Related Corporation in accordance with the terms or requirements of his or her employmentBusiness Relationship; (ii) disloyalty, gross negligence, willful misconduct, dishonesty or breach of fiduciary duty to the Company or Related Corporation; (iii) the commission of an act of embezzlement or fraud; (iv) deliberate disregard of the rules or policies of the Company or Related Corporation which results in direct or indirect loss, damage or injury to the Company or Related Corporation; (v) the unauthorized disclosure of any trade secret or confidential information of the Company or Related Corporation; or (vi) the commission of an act which constitutes unfair competition with the Company or Related Corporation or which induces any customer or supplier to breach a contract with the Company or Related Corporation.
Appears in 1 contract
Sources: Incentive Stock Option Agreement (Citrix Systems Inc)
Definition of Cause. “Cause" ” shall mean conduct involving one or more of the following: (i) the substantial and continuing failure of the Employee, after notice thereof, to render services to the Company or any Related Corporation in accordance with the terms or requirements of his or her employment; (ii) disloyalty, gross negligence, willful misconduct, dishonesty or breach of fiduciary duty to the Company or any Related Corporation; (iii) the commission of an act of embezzlement or fraud; (iv) deliberate disregard of the rules or policies of the Company or any Related Corporation which results in direct or indirect loss, damage or injury to the Company or any Related Corporation; (v) the unauthorized disclosure of any trade secret or confidential information of the Company or any Related Corporation; or (vi) the commission of an act which constitutes unfair competition with the Company or any Related Corporation or which induces any customer or supplier to breach break a contract with the Company or any Related Corporation.
Appears in 1 contract
Sources: Incentive Stock Option Agreement (Soapstone Networks Inc.)
Definition of Cause. Cause" shall mean conduct involving one or more of the following: (i) the substantial and continuing failure of the EmployeePurchaser, after notice thereof, to render services to the Company or Related Corporation in accordance with the terms or requirements of her, his or her employmentits Business Relationship; (ii) disloyalty, gross negligence, willful misconduct, dishonesty or breach of fiduciary duty to the Company or Related Corporation; (iii) the commission of an act of embezzlement or fraud; (iv) deliberate disregard of the rules or policies of the Company or Related Corporation which results in direct or indirect loss, damage or injury to the Company or Related Corporation; (v) the unauthorized disclosure of any trade secret or confidential information of the Company or Related Corporation; or (vi) the commission of an act which constitutes unfair competition with the Company or Related Corporation or which induces any customer or supplier to breach a contract with the Company or Related Corporation.
Appears in 1 contract
Sources: Stock Purchase and Restriction Agreement (Atlantic Data Services Inc)