Common use of For Due Cause Clause in Contracts

For Due Cause. Nothing herein shall prevent the Employer from terminating, without prior notice, the Employee for "Due Cause" (as hereinafter defined), in which event the Employee shall be entitled to receive his Base Salary on a pro rata basis to the date of termination and any Additional Compensation that has been awarded to or earned by the Employee but not yet paid. In the event of such termination for Due Cause, all other rights and benefits the Employee may have under any benefit plans or programs of the Employer shall be determined in accordance with the terms and conditions of such plans or programs as if the Employee had voluntarily terminated his employment (e.g., he shall be entitled to any vested amounts under the 401(k) plan and to be paid for any accrued and unpaid vacation through the date of termination). The term "Due Cause" shall mean (i) the Employee has (A) committed a willful serious act, such as fraud, embezzlement or theft, (B) committed any act against the Employer or any other Buckeye Company intending to enrich himself at the expense of the Employer or any Buckeye Company, or (C) made any unauthorized use or disclosure of any trade secret or other confidential information (including any Confidential Information), whether pertaining to the business of the Employer or any Buckeye Company or otherwise, (ii) the Employee has been convicted of a felony or commits an act constituting a felony, (iii) the Employee has engaged in conduct which has caused or could cause material, significant or serious injury, whether monetary or otherwise, to the Employer or any other Buckeye Company, (iv) the Employee, in carrying out his duties hereunder, has been guilty of negligence or willful misconduct, (v) in the good faith determination of the Employer, the Employee’s performance, or the performance of the business operations for which the Employee is responsible, has failed to meet the goals and expectations established by the Employer, provided that such goals and expectations have been communicated to the Employee and the Employee has been provided with a specified period of time, as determined in good faith by the Employer, to achieve or accomplish such goals and expectations and, if the Employee fails to achieve or accomplish such goals and expectations but is diligently attempting to cure such failure, such failure has not been cured within a reasonable period of time not to exceed thirty (30) days after receipt of written notice from the Employer specifying in reasonable detail the nature of the failure, (vi) in the good faith determination of the Employer, the Employee has violated in any material way any of the Employer's rules, policies or procedures (including without limitation those set forth in the Employer's employee handbook or applied to Buckeye Companies generally), or (vii) in the good faith determination of the Employer, the Employee has otherwise materially breached this Agreement (including, without limitation, any failure to perform the duties assigned to him in accordance with this Agreement) and has not remedied such breach within five business days (or such longer period of time not to exceed thirty (30) days if the cure is commenced within five (5) business days, is diligently pursued in good faith and reasonably requires more than five (5) business days to remedy) after receipt of written notice from the Employer specifying in reasonable detail the nature of the breach.

For Due Cause. Nothing herein shall prevent the Employer 13VI from terminating, without prior notice, the Employee for "Due Cause" (as hereinafter defined), ; in which event the Employee shall be entitled to receive his Base Salary on a pro rata basis to the date of termination and termination, but not any Additional Compensation that has been awarded to or earned by may be due the Employee but not yet paidexcept for any such Additional Compensation that the Employee earned prior to the event constituting Due Cause that BVI or the Company has failed to pay or deliver to the Employee. In the event of such termination for Due Cause, all other rights and benefits the Employee may have under any benefit plans or programs of the Employer Benefit Plans shall be determined in accordance with the terms and conditions of such plans or programs as if the Employee had voluntarily terminated his employment (e.g., he shall be entitled to any vested amounts under the 401(k) plan and to be paid for any accrued and unpaid vacation through the date of termination)Plans. The term "Due Cause" shall mean (i) the Employee has (A) committed a willful serious act, such as fraud, embezzlement or theft, (B) committed any willful act against the Employer or any other Buckeye Company intending to enrich himself at the expense of the Employer or any Buckeye CompanyEmployer, or (C) made any an unauthorized use or disclosure of any trade secret or other confidential information (including any Confidential Information), whether pertaining to the business of the Employer or any Buckeye Company or otherwiseEmployer, (ii) the Employee has been convicted of a felony or commits an act constituting a felony, (iii) the Employee has engaged in conduct which has caused or could cause material, significant or demonstrable and serious injury, whether monetary or otherwise, to the Employer or any other Buckeye CompanyEmployer, (iv) the Employee, in carrying out his duties hereunder, has been guilty of gross negligence or willful misconduct, (v) in the good faith determination of the Employer, the Employee’s performance, or the performance of the business operations for which the Employee is responsible, has failed to meet the goals and expectations established by the Employer, provided misconduct that such goals and expectations have been communicated to the Employee and the Employee has been provided with a specified period of time, as determined in good faith by the Employer, to achieve or accomplish such goals and expectations and, if the Employee fails to achieve or accomplish such goals and expectations but is diligently attempting to cure such failure, such failure has not been cured within a reasonable period of time not to exceed thirty (30) days after receipt of written notice from the Employer specifying in reasonable detail the nature of the failure, (vi) in the good faith determination of the Employer, the Employee has violated in any material way any of the Employer's rules, policies or procedures (including without limitation those set forth in the Employer's employee handbook or applied to Buckeye Companies generally), or (vii) in the good faith determination of the Employer, the Employee has otherwise materially breached this Agreement (including, without limitation, any failure to perform the duties assigned to him in accordance with this Agreement) and has not remedied such breach within five business days (or such longer period of time not to exceed thirty (30) days if the cure is commenced within five (5) business days, is diligently pursued in good faith and reasonably requires more than five (5) business days to remedy) after receipt of written notice from the Employer specifying in reasonable detail the nature of the breach.has