(d)By either Party upon ninety (90) days’ advance written notice to the other Party. Bio-Techne may in its sole discretion continue to pay Employee his base salary and cost of benefits (but not incentive bonus) during the ninety (90) day notice period in lieu of requiring Employee to continue to perform his duties and responsibilities during such notice period.
(e)Upon the insolvency or bankruptcy of Bio-Techne;
(f)Bio-Techne shall have the right to terminate Executive’s employment immediately for “Cause,” provided such Cause is identified on or before the time of termination, and such Cause cannot be cured within thirty (30) days following notice thereof. Where the Cause for such termination is capable of being cured by Executive within thirty (30) days, Executive shall be given such time to cure until and unless thirty the (30) day cure period expires, or such Cause becomes incurable, whichever occurs first. For purposes of this Agreement, “Cause” shall include the following:
(i)Habitual neglect of, or the willful or material failure to perform the duties of employment hereunder, as determined in good faith by the Board or the Compensation Committee;
(ii)Embezzlement or any act of fraud;
(iii)Commission of acts that can be charged as a felony, whether or not committed during the Term hereof or in the course of employment hereunder;
(iv)Dishonesty in dealing between Executive and Bio-Techne or between Executive and other employees of Bio-Techne;
(v)Use or misuse of any controlled substance, illegal or narcotic drug without a prescription; or use of alcohol in a manner, regardless of time or place, which either adversely affects Executive’s job performance or otherwise could reflect negatively on the public image of Bio-Techne;
(vi)Habitual absenteeism; or
(vii)Willfully acting in a manner materially adverse to the best interests of Bio-Techne.
4.2Return of Property. At such time that Executive’s employment with Bio-Techne ends (the “Termination Date”) or at such earlier time as Bio-Techne may notify Executive, Executive will immediately cease doing business upon Bio-Techne’s premises and will immediately deliver to Bio-Techne all of its property and all property to be held by Bio-Techne in his possession or control, including, but not limited to, all work in progress, data, equipment, originals and copies of documents and software, customer and supplier information and lists, financial information, and all other materials. In addition, if Executive has used any personal computer, server, or email system (including, but not limited to, computers, Blackberries, PDA’s, cell phones, smart phones, iPhones, iPads, etc.) to receive, store, review, prepare or transmit any Bio-Techne information, including but not limited to Confidential Information, Executive agrees