For purposes of Section. 2.2 (except as provided in Section 8(c) of Exhibit "A"), the term "Cause" shall mean (a) after 30 days' written notice, willful and continued failure to substantially perform duties assigned consistent with this agreement (other than any such failures resulting from physical or mental illness or death); (b) willful refusal to perform or discharge the duties or responsibilities assigned by the President and Chief Executive Officer or the Board of Directors of PLC Systems Inc. provided the same are not illegal, unethical or inconsistent with the position of Vice President and Chief Financial Officer of a corporation and the failure to agree to correct such refusal and perform such duties or responsibilities within two weeks (14 calendar days) after written notice of such failure and subsequent failure to perform; (c) conviction of a felony involving moral turpitude; (d) willful or prolonged absence from work not excused by disability; and (e) falseness of any warranty or representation by you herein or the breach of your obligations under this Agreement or your duties as an employee of the Company to the material detriment of the Company. During the pendency of any such dispute following your termination pursuant to subsection 2.3(a) or (b), the Company will pay you your full compensation in effect just prior to the effective date of termination and until the dispute is resolved, but in any event, such payment shall not continue for more than twelve (12) months and, if a court determines that your employment was terminated without Cause, such payments shall be credited to any severance payments due you under Exhibit A. However, if such court issues a final and non-appealable finding that the Company had Cause to terminate you than you must return all compensation paid to you after the effective date of termination.
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For purposes of Section. 2.2 (except as provided in Section 8(c) of Exhibit "A"), the term "Cause" shall mean (a) after 30 days' written notice, willful and continued failure to substantially perform duties assigned consistent with this agreement (other than any such failures resulting from physical or mental illness or death); (b) willful refusal to perform or discharge the duties or responsibilities assigned by the President and Chief Executive Officer or the Board of Directors of PLC Systems Inc. provided the same are not illegal, unethical or inconsistent with the position of Vice President and Chief Financial Executive Officer of a corporation and the failure to agree to correct such refusal and perform such duties or responsibilities within two weeks (14 calendar days) after written notice of such failure and subsequent failure to perform; (c) conviction of a felony involving moral turpitude; (d) willful or prolonged absence from work not excused by disability; and (e) falseness of any warranty or representation by you herein or the breach of your obligations under this Agreement or your duties as an employee of the Company to the material detriment of the Company. During the pendency of any such dispute following your termination pursuant to subsection 2.3(a) or (b), the Company will pay you your full compensation plus any benefits provided in Section 4 of Exhibit "A" in effect just prior to the effective date of termination and until the dispute is resolved, but in any event, such payment shall not continue for more than twelve (12) months and, if a court determines that your employment was terminated without Cause, such payments shall be credited to any severance payments due you under Exhibit A. However, if such court issues a final and non-appealable finding that the Company had Cause to terminate you than you must return all compensation paid to you after the effective date of termination.than
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