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This excerpt taken from the LIVE 10-Q filed Feb 17, 2009. Cause” will mean the occurrence of any of the following events, as reasonably determined by the Board:
(i) Executive’s willful and continued refusal to substantially perform his duties hereunder, which the Company has given the Executive notice of in writing and which the Executive has not cured within 30 days of the receipt of such notice;
(ii) Executive’s conviction of a felony, or his guilty plea to or entry of a nolo contendere plea to a felony charge; or
(iii) Executive’s breach of any material term of this Agreement or the Company’s written policies and procedures, as in effect from time to time; provided, however, that with respect to Sections 7(c)(i) or (iii) above,
such termination for Cause will only be effective if the conduct constituting Cause is not cured by Executive within 5 days of receipt by Executive of written notice specifying in reasonable detail the nature of the alleged breach.
8. Compensation in Event of Termination. Upon termination of this Agreement and Executive’s employment, the Company will have no further obligation to Executive except to pay the amounts
set forth in this Section 8.
(a) In the event Executive’s employment is terminated pursuant to Section 7(a)(iii) or (iv) on or before the expiration of the Term, Executive
will be entitled to payment of any earned but unpaid Salary through the date of termination. Any bonuses, fees or payments due to Executive under Section 4(b) above shall be paid to Executive as set forth therein.
(b) In the event Executive’s employment is terminated pursuant to Section 7(a)(i), (ii), or (v) on or before the expiration of the Term,
and provided that Executive (or his estate, as applicable) executes a valid release of any and all claims that Executive may have relating to his employment against the Company and its agents, including, but not limited to, its officers, directors and employees, in a form provided by the Company, Executive (or his estate, as applicable) will be entitled to a lump sum payment equal to Executive’s Base Salary for a period of three months from the date of termination, subject to all applicable withholdings
and taxes. Any bonuses, fees or payments due to Executive under Section 4(b) above shall be paid to Executive as set forth therein.
9. Confidentiality. Executive covenants and agrees that he will not at any time during or after the end of the Term, without written consent of the Company or as may be required by law or valid legal
process, directly or indirectly, use for his own account, or disclose to any person, firm or corporation, other than authorized officers, directors, attorneys, accountants and employees of the Company or its subsidiaries, Confidential Information (as hereinafter defined) of the Company. As used herein, “ This excerpt taken from the LIVE 10-K filed Dec 29, 2008. Cause” will mean the
occurrence of any of the following events, as reasonably determined by the
Board:
(i)
Executive’s willful and continued refusal to substantially
perform his duties hereunder;
(ii) Executive’s
conviction of a felony, or his guilty plea to or entry of a nolo contendere plea
to a felony charge; or
(iii) Executive’s
breach of any material term of this Agreement or the Company’s written policies
and procedures, as in effect from time to time; provided, however, that with
respect to Sections
7(c)(i) or (iii) above, such
termination for Cause will only be effective if the conduct constituting Cause
is not cured by Executive within 5 days of receipt by Executive of written
notice specifying in reasonable detail the nature of the alleged
breach.
8.
Compensation in Event of
Termination. Upon termination of this Agreement and
Executive’s employment, the Company will have no further obligation to Executive
except to pay the amounts set forth in this Section
8.
(a)
In the event Executive’s employment is terminated
pursuant to Section
7(a)(i), (ii), (iii) or (iv) on or before the
expiration of the Term, Executive will be entitled to payment of any earned but
unpaid Salary through the date of termination. Any bonuses, fees or
payments due to Executive under Section 4(b) above
shall be paid to Executive as set forth therein.
(b)
In the event Executive’s employment is terminated pursuant to Section 7(a)(v) on or
before the expiration of the Term, and provided that Executive (i) resigns from
the Board and (ii) executes a valid release of any and all claims that Executive
may have relating to his employment against the Company and its agents,
including, but not limited to, its officers, directors and employees, in a form
provided by the Company, Executive will be entitled to continue receiving Salary
for a period of three months from the date of termination, subject to all
applicable withholdings and taxes. Any bonuses, fees or payments due
to Executive under Section 4(b) above
shall be paid to Executive as set forth therein.
9.
Confidentiality. Executive
covenants and agrees that he will not at any time during or after the end of the
Term, without written consent of the Company or as may be required by law or
valid legal process, directly or indirectly, use for his own account, or
disclose to any person, firm or corporation, other than authorized officers,
directors, attorneys, accountants and employees of the Company or its
subsidiaries, Confidential Information (as hereinafter defined) of the
Company. As used herein, “ This excerpt taken from the LIVE 10-Q filed Aug 14, 2008. Cause” will mean the
occurrence of any of the following events, as reasonably determined by the
Board:
(i) Executive’s
willful and continued refusal to substantially perform his duties
hereunder;
(ii)
Executive’s conviction of a felony, or his guilty plea
to or entry of a nolo contendere plea to a felony charge; or
(iii) Executive’s
breach of any material term of this Agreement or the Company’s written policies
and procedures, as in effect from time to time; provided, however, that with
respect to Sections
8(c)(i) or (iii) above, such
termination for Cause will only be effective if the conduct constituting Cause
is not cured by Executive within 5 days of receipt by Executive of written
notice specifying in reasonable detail the nature of the alleged
breach.
8.
Compensation in Event of
Termination. Upon termination of this Agreement and
Executive’s employment, the Company will have no further obligation to Executive
except to pay the amounts set forth in this Section
8.
(a) In
the event Executive’s employment is terminated pursuant to Section 7(a)(i),
(ii), (iii) or (iv) on or before the
expiration of the Term, Executive will be entitled to payment of any earned but
unpaid Salary through the date of termination. Any bonuses, fees or
payments due to Executive under Section 4(b) above
shall be paid to Executive as set forth therein.
(b) In
the event Executive’s employment is terminated pursuant to Section 7(a)(v) on or
before the expiration of the Term, and provided that Executive executes a valid
release of any and all claims that Executive may have relating to his employment
against the Company and its agents, including, but not limited to, its officers,
directors and employees, in a form provided by the Company, Executive will be
entitled to continue receiving Salary through the end of the then existing Term,
subject to all applicable withholdings and taxes. Any bonuses, fees
or payments due to Executive under Section 4(b) above
shall be paid to Executive as set forth therein.
9.
Confidentiality. Executive
covenants and agrees that he will not at any time during or after the end of the
Term, without written consent of the Company or as may be required by law or
valid legal process, directly or indirectly, use for his own account, or
disclose to any person, firm or corporation, other than authorized officers,
directors, attorneys, accountants and employees of the Company or its
subsidiaries, Confidential Information (as hereinafter defined) of the
Company. As used herein, “ | EXCERPTS ON THIS PAGE:
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