5.1 ERMUSR 06-14-2022 - Laserfiche WebLink

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capable of being cured by Employee, within 90 days after the Utilities delivers written notice of such Cause to Employee; or (b) Conduct in violation of or inconsistent with Utilities policy, including but not limited to any and all policies set forth in this Handbook; conduct or language that is improper or inappropriate in the discretion of the Utilities; insubordination; failure to do the work assigned in a manner satisfactory to the Utilities; dishonesty or stealing; the sale, transfer of, or possession, or being under the influence, of intoxicating beverages or controlled or mood altering substances while on the job; or (c) Conduct by Employee which is (or will be if continued) injurious to the Utilities, monetarily or otherwise; or (d) Fraud, misappropriation, or embezzlement by the Employee; or (e) Employee’s conviction of a felony crime, gross misdemeanor, or a crime of moral turpitude; or (f)Employee’s material breach of this Agreement or the Utilities’s policies. The Utilities, acting by and through the Utilities Commission may immediately terminate Employee’s employment under this Agreement for Cause by providing written notice of such termination to Employee. As of the effective date of such termination of Employee’s employment by the Utilities, the Utilities will be relieved of all obligations and liabilities to Employee under this Agreement. 6.2. Without Cause/With Good Reason. In the event Employee’s employment under this Agreement is terminated by the Utilities without Cause or by the Employee without Good Reason (as “Good Reason” is defined below) at any time, Employee will be eligible for separation pay as set forth in Section 6.6 below. Further, in the event of termination by the Utilities without Cause or by the Employee without Good Reason, Employee, if requested by the Utilities, will continue to render services to the Utilities up to the date of actual termination. Even if the Utilities does not request Employee to continue to render such services, Employee will be paid Employee’s regular compensation, plus any bonuses, expenses, or allowances accrued up to the date of actual termination. 6.3.Death. Should Employee die during the term of this Agreement, this Agreement will immediately terminate; but the Utilities will pay to Employee’s estate the compensation which would otherwise be payable to Employee to the date of Employee’s death. 6.4. Disability. Should Employee be unable to perform Employee’s duties under this Agreement due to disability, after being provided with any reasonable accommodation the Utilities may be obligated by law to provide, this Agreement and Employee’s employment may be terminated by the Utilities forthwith. 5 48943343v3 145