Common use of Accrued Incentive Compensation Clause in Contracts

Accrued Incentive Compensation. The Company shall pay you, not later than thirty (30) days following your Date of Termination, the amount of your accrued Incentive Compensation which shall be determined as follows: (A) If the Date of Termination is after the end of a Variable Compensation Year, but before Incentive Compensation for said Variable Compensation Year has been paid, the Company shall pay to you under this Agreement for your service during such Variable Compensation Year the following: The amount of your target variable compensation payment (i.e., the percent of your salary grade midpoint at risk) for such Variable Compensation Year. (B) In addition, if the Date of Termination is other than the first day of a Variable Compensation Year, the Company shall pay to you under this Agreement for your service during such Variable Compensation Year up to the Date of Termination, the following: The amount of your target variable compensation payment (i.e., the percent of your salary grade midpoint at risk) for such Variable Compensation Year (or if such target has not then been established, your target variable compensation award for the immediately preceding Variable Compensation Year), multiplied by a fraction, the numerator of which is the total number of days which have elapsed in the current Variable Compensation Year to the Date of Termination and the denominator of which is three hundred sixty-five (365). If there is more than one Incentive Compensation Plan, your accrued Incentive Compensation under each Incentive Compensation Plan shall be determined separately for each such Plan. For the purpose this Paragraph 2a(ii), the amount of your target variable compensation payment shall be used, whether or not such Incentive Compensation was actually paid to you or was includible in your gross income for Federal income tax purposes.

Accrued Incentive Compensation. The Company shall pay you, not later than thirty (30) days following your Date of Termination, the amount of your accrued Incentive Compensation which shall be determined as follows: (A) If the Date of Termination is after the end of a Variable Compensation Year, but before Incentive Compensation for said Variable Compensation Year has been paid, the Company shall pay to you under this Agreement for your service during such Variable Compensation Year the following: The amount of your target variable compensation payment (i.e., the percent of your salary grade midpoint at risk) for such Variable Compensation Year. (B) In addition, if the Date of Termination is other than the first day of a Variable Compensation Year, the Company shall pay to you under this Agreement for your service during such Variable Compensation Year up to the Date of Termination, the following: The amount of your target variable compensation payment (i.e., the percent of your salary grade midpoint at risk) for such Variable Compensation Year (or if such target has not then been established, your target variable compensation award for the immediately preceding Variable Compensation Year), multiplied by a fraction, the numerator of which is the total number of days which have elapsed in the current Variable Compensation Year to the Date of Termination Termination, and the denominator of which is three hundred sixty-five (365). If there is more than one Incentive Compensation Plan, your accrued Incentive Compensation under each Incentive Compensation Plan shall be determined separately for each such Plan. For the purpose this Paragraph 2a(ii), the amount of your target variable compensation payment shall be used, whether or not such Incentive Compensation was actually paid to you or was includible in your gross income for Federal income tax purposes.

Accrued Incentive Compensation. The Company shall pay you, not later than thirty (30) days following your Date of Termination, the amount of your accrued Incentive Compensation which shall be Compensation, determined as followsthe sum of: (Aa) If the if your Date of Termination is after the end of a Variable Compensation Year, but before Incentive Compensation for said Variable Compensation Year has been paid, the Company shall pay to you under this Agreement as Incentive Compensation for your service during such that Variable Compensation Year the following: The an amount of equal to your target variable compensation actual Incentive Compensation payment (i.e., the percent of your salary grade midpoint at risk) for such Variable Compensation Year., determined using both your and the Company’s actual performance for such Variable Compensation Year, but in no event shall your individual performance factor for purposes of such determination, if applicable, be less than 1.0; plus (Bb) In addition, if the your Date of Termination is other than the first day of a Variable Compensation Year, the Company shall pay to you under this Agreement you, as Incentive Compensation for your service during such the Variable Compensation Year up to the in which your Date of TerminationTermination occurs, the following: The an amount of equal to your target variable compensation Incentive Compensation payment (i.e., the percent of your salary grade midpoint at risk) for such Variable Compensation Year (or if such target has not then been establishedhigher, your target variable compensation award Incentive Compensation payment for the immediately preceding Variable Compensation Yearyear in which the Change in Control occurred), multiplied by a fraction, the numerator of which is the total number of days which have elapsed in the current Variable Compensation Year to the your Date of Termination Termination, and the denominator of which is three hundred sixty-five (365). If there is more than one Incentive Compensation Plan, your accrued Incentive Compensation under each Incentive Compensation Plan shall be determined separately for each such Plan. For the purpose this Paragraph 2a(ii), the amount of your target variable compensation payment shall be used, whether or not such Incentive Compensation was actually paid to you or was includible in your gross income for Federal income tax purposesindividually.

Accrued Incentive Compensation. The Company shall pay you, not later than thirty (30) days following your Date of Termination, the amount of your accrued Incentive Compensation which shall be determined as follows: (A) If the Date of Termination is after the end of a Variable Compensation Year, but before Incentive Compensation for said Variable Compensation Year has been paid, the Company shall pay to you under this Agreement for your service during such Variable Compensation Year the following: The amount of your target variable compensation payment (i.e., the percent of your salary grade midpoint at risk) for such Variable Compensation Year. (B) In addition, if the Date of Termination is other than the first day of a Variable Compensation Year, the Company shall pay to you under this Agreement for your service during such Variable Compensation Year up to the Date of Termination, the following: The amount of your target variable compensation payment (i.e., the percent of your salary grade midpoint at risk) for such Variable Compensation Year (or if such target has not then been established, your target variable compensation award for the immediately preceding Variable Compensation Year), multiplied by a fraction, the numerator of which is the total number of days which have elapsed in the current Variable Compensation Year to the Date of Termination and the denominator of which is three hundred sixty-five (365). If there is more than one Incentive Compensation Plan, your accrued Incentive Compensation under each Incentive Compensation Plan shall be determined separately for each such Plan. For the purpose of this Paragraph 2a(ii2(a)(ii), the amount of your target variable compensation payment shall be used, whether or not such Incentive Compensation was actually paid to you or was includible in your gross income for Federal Federal, state, local, commonwealth or foreign income tax purposes.

Accrued Incentive Compensation. The Company shall pay you, not later than thirty (30) days following your Date of Termination, the amount of your accrued Accrued Incentive Compensation which shall be determined as follows: (A) Compensation. If the Date of Termination is after the end of a Variable Compensation Year, but before Incentive Compensation for said Variable Compensation Year has been paid, the Company shall pay you as Incentive Compensation for that Variable Compensation Year the greatest of: (a) an amount that bears the same ratio to your total base salary in said Variable Compensation Year as the Incentive Compensation paid to you under this Agreement during the immediately prior Variable Compensation Year bears to your base salary for said prior Variable Compensation Year, (b) an amount that bears the same ratio to your service during base salary for such Variable Compensation Year as the following: The Incentive Compensation paid to you during the three (3) immediately prior Variable Compensation Years bears to your base salary for said three (3) prior years, (c) the amount of your target variable compensation payment (i.e., the percent of your salary grade midpoint at risk) for such Variable Compensation Year. , or (Bd) the average amount of Incentive Compensation, as a percentage of base compensation, paid to other executives of the Company at the same grade level as yourself. In addition, if the Date of Termination is other than the first day of a Variable Compensation Year, the Company shall pay to you under this Agreement you, as Incentive Compensation for your service during such the Variable Compensation Year in which the Date of Termination occurs, the greatest of: (a) an amount that bears the same ratio to your total base salary earned (up to the Date of Termination) in said Variable Compensation Year as the Incentive Compensation paid to you during the immediately prior Variable Compensation Year bears to your base salary for said prior Variable Compensation Year, (b) an amount that bears the following: The same ratio to your total base salary earned (up to the Date of Termination) for such Variable Compensation Year as the Incentive Compensation paid to you during the three (3) Variable Compensation Years immediately prior to such Variable Compensation Year bears to your base salary for said three (3) prior years, or (c) the amount of your target variable compensation payment (i.e., the percent of your salary grade midpoint at risk) for such Variable Compensation Year (or if such target has not then been established, your target variable compensation award for the immediately preceding Variable Compensation Year), multiplied by a fraction, the numerator of which is the total number of days which have elapsed in the current Variable Compensation Year to the Date of Termination Termination, and the denominator of which is three hundred sixty-five (365). Such payment shall be made to you not later than thirty (30) days after the Date of Termination. If there is more than one Incentive Compensation PlanProgram, your accrued Incentive Compensation under each Incentive Compensation Plan Program shall be determined separately individually for each such Planthat Program. For the purpose of determining the amount of your Accrued Incentive Compensation under this Paragraph 2a(ii), you will be deemed to have been paid the full amount of your target all prior variable compensation payment shall be usedand incentive compensation, whether or not such Incentive Compensation was actually paid to you or award was includible in your gross income for Federal income Income tax purposes.

Accrued Incentive Compensation. The Company Corporation shall pay you, not later than thirty five (305) days following your Date of Termination, the amount of your accrued Incentive Compensation which shall be determined as follows: (A) consists of the annual cash bonus. If the Date of Termination is after the end of a Variable Compensation Year, but before such Incentive Compensation for said Variable Compensation Year has been paiddetermined, the Company Corporation shall pay to you under this Agreement as such Incentive Compensation for your service during such that Variable Compensation Year the following: The greater of the amount of your target variable compensation payment (i.e., the percent of your salary grade midpoint at risk) for such Variable Compensation Year. (B) Year and the amount of your actual variable compensation for the last Variable Compensation Year preceding the year in which the Change in Control occurs for which such Incentive Compensation had been determined. In addition, if the Date of Termination is other than the first day of a Variable Compensation Year, the Company Corporation shall pay to you under this Agreement you, as such cash Incentive Compensation for your service during such the Variable Compensation Year up to in which the Date of TerminationTermination occurs, the following: The amount greater of your target variable compensation payment (i.e., for the percent of year in which the Change in Control occurs and your salary grade midpoint at risk) actual variable compensation for such the Variable Compensation Year (or if such target has not then been established, your target variable compensation award for preceding the immediately preceding Variable Compensation Year)year in which the Change in Control occurs, multiplied by a fraction, the numerator of which is the total number of days which have elapsed in the current Variable Compensation Year to the Date of Termination Termination, and the denominator of which is three hundred sixty-five (365). Payments under this clause (ii) shall be made to you not later than five (5) days after the Date of Termination. If there is more than one Incentive Compensation PlanProgram, your accrued Incentive Compensation under each Incentive Compensation Plan shall be determined calculated separately for each such PlanProgram. For the purpose of determining the amount of your accrued Incentive Compensation under this Paragraph 2a(ii), you will be deemed to have been paid the full amount of your target all prior variable compensation payment shall be usedand incentive compensation, whether or not such Incentive Compensation was actually paid to you or award was includible in your gross income for Federal income Income tax purposes.

Accrued Incentive Compensation. The Company shall pay you, not later than thirty (30) days following your Date of Termination, the amount of your accrued Incentive Compensation which shall be determined as follows: (A) If the Date of Termination is after the end of a Variable Compensation Year, but before Incentive Compensation for said Variable Compensation Year has been paid, the Company shall pay to you under this Agreement for your service during such Variable Compensation Year the following: The amount of your target variable compensation payment (i.e., the percent of your salary grade midpoint at risk) for such Variable Compensation Year. (B) In addition, if the Date of Termination is other than the first day of a Variable Compensation Year, the Company shall pay to you under this Agreement for your service during such Variable Compensation Year up to the Date of Termination, the following: The amount of your target variable compensation payment (i.e., the percent of your salary grade midpoint at risk) for such Variable Compensation Year (or if such target has not then been established, your target variable compensation award for the immediately preceding Variable Compensation Year), multiplied by a fraction, the numerator of which is the total number of days which have elapsed in the current Variable Compensation Year to the Date of Termination and the denominator of which is three hundred sixty-five (365). If there is more than one Incentive Compensation Plan, your accrued Incentive Compensation under each Incentive Compensation Plan shall be determined separately for each such Plan. For the purpose this Paragraph 2a(ii2a (ii), the amount of your target variable compensation payment shall be used, whether or not such Incentive Compensation was actually paid to you or was includible in your gross income for Federal income tax purposes.

Accrued Incentive Compensation. The Company shall pay you, not later than thirty (30) days following your Date of Termination, the amount of your accrued Accrued Incentive Compensation which shall be determined as follows: (A) Compensation. If the Date of Termination is after the end of a Variable Compensation Year, but before Incentive Compensation for said Variable Compensation Year has been paid, the Company shall pay you as Incentive Compensation for that Variable Compensation Year the greatest of: (a) an amount that bears the same ratio to your total base salary in said Variable Compensation Year as the Incentive Compensation paid to you under this Agreement during the immediately prior Variable Compensation Year bears to your base salary for said prior Variable Compensation Year, (b) an amount that bears the same ratio to your service during base salary for such Variable Compensation Year as the following: The Incentive Compensation paid to you during the three (3) immediately prior Variable Compensation Years bears to your base salary for said three (3) prior years, (c) the average of the Incentive Compensation paid to you during the three (3) years immediately prior to said Variable Compensation Year, or (d) the amount of your target variable compensation payment (i.e., the percent of your salary grade midpoint at risk) for such Variable Compensation Year. (B) . In addition, if the Date of Termination is other than the first day of a Variable Compensation Year, the Company shall pay to you under this Agreement you, as Incentive Compensation for your service during such the Variable Compensation Year in which the Date of Termination occurs, the greatest of: (a) an amount that bears the same ratio to your total base salary earned (up to the Date of Termination) in said Variable Compensation Year as the Incentive Compensation paid to you during the immediately prior Variable Compensation Year bears to your base salary for said prior Variable Compensation Year, (b) an amount that bears the following: The amount same ratio to your total base salary earned (up to the Date of your target variable compensation payment (i.e., the percent of your salary grade midpoint at riskTermination) for such Variable Compensation Year as the Incentive Compensation paid to you during the three (or if such target has not then been established, your target variable compensation award for the immediately preceding 3) Variable Compensation Year)Years immediately prior to such Variable Compensation Year bears to your base salary for said three (3) prior years, (c) the average of the Incentive Compensation paid to you during the three (3) years immediately prior to said Variable Compensation Year multiplied by a fraction, the numerator of which is the total number of days which have elapsed in the current Variable Compensation Year to the Date of Termination Termination, and the denominator of which is three hundred sixty-five (365), or (d) the amount of your target variable compensation payment for such Variable Compensation Year multiplied by a fraction, the numerator of which is the total number of days which have elapsed in the current Variable Compensation Year to the Date of Termination, and the denominator of which is three hundred sixty-five (365). Such payment shall be made to you not later than thirty (30) days after the Date of Termination. If there is more than one Incentive Compensation PlanProgram, your accrued Incentive Compensation under each Incentive Compensation Plan Program shall be determined separately individually for each such Planthat Program. For the purpose of determining the amount of your Accrued Incentive Compensation under this Paragraph 2a(ii), you will be deemed to have been paid the full amount of your target all prior variable compensation payment shall be usedand incentive compensation, whether or not such Incentive Compensation was actually paid to you or award was includible in your gross income for Federal income Income tax purposes.

Accrued Incentive Compensation. The Company shall pay you, not later than thirty (30) days following your Date of Termination, but in no event later than sixty (60) days following your “separation from service” within the meaning of Section 409A, the amount of your accrued Incentive Compensation which shall be determined as follows: (A) If the Date of Termination is after the end of a Variable Compensation Year, but before Incentive Compensation for said Variable Compensation Year has been paid, the Company shall pay to you under this Agreement for your service during such Variable Compensation Year the following: The amount of your target variable compensation payment (i.e., the percent of your salary grade midpoint at risk) for such Variable Compensation Year. (B) In addition, if the Date of Termination is other than the first day of a Variable Compensation Year, the Company shall pay to you under this Agreement for your service during such Variable Compensation Year up to the Date of Termination, the following: The amount of your target variable compensation payment (i.e., the percent of your salary grade midpoint at risk) for such Variable Compensation Year (or if such target has not then been established, your target variable compensation award for the immediately preceding Variable Compensation Year), multiplied by a fraction, the numerator of which is the total number of days which have elapsed in the current Variable Compensation Year to the Date of Termination and the denominator of which is three hundred sixty-five (365). If there is more than one Incentive Compensation Plan, your accrued Incentive Compensation under each Incentive Compensation Plan shall be determined separately for each such Plan. For the purpose of this Paragraph 2a(ii2(a)(ii), the amount of your target variable compensation payment shall be used, whether or not such Incentive Compensation was actually paid to you or was includible in your gross income for Federal Federal, state, local, commonwealth or foreign income tax purposes.

Accrued Incentive Compensation. The Company shall pay you, not later than thirty (30) days following your Date of Termination, the amount of your accrued Incentive Compensation which shall be Compensation, determined as followsthe sum of: (Aa) If the if your Date of Termination is after the end of a Variable Compensation Year, but before Incentive Compensation for said Variable Compensation Year has been paid, the Company shall pay to you under this Agreement as Incentive Compensation for your service during such that Variable Compensation Year the following: The an amount of equal to your target variable compensation actual Incentive Compensation payment (i.e., the percent of your salary grade midpoint at risk) for such Variable Compensation Year., determined using both your and the Company’s actual performance for such Variable Compensation Year, but in no event shall your individual performance factor for purposes of such determination be less than 1.0; plus (Bb) In addition, if the your Date of Termination is other than the first day of a Variable Compensation Year, the Company shall pay to you under this Agreement you, as Incentive Compensation for your service during such the Variable Compensation Year up to the in which your Date of TerminationTermination occurs, the following: The an amount of equal to your target variable compensation Incentive Compensation payment (i.e., the percent of your salary grade midpoint at risk) for such Variable Compensation Year (or if such target has not then been establishedhigher, your target variable compensation award Incentive Compensation payment for the immediately preceding Variable Compensation Yearyear in which the Change in Control occurred), multiplied by a fraction, the numerator of which is the total number of days which have elapsed in the current Variable Compensation Year to the your Date of Termination Termination, and the denominator of which is three hundred sixty-five (365). If there is more than one Incentive Compensation Plan, your accrued Incentive Compensation under each Incentive Compensation Plan shall be determined separately for each such Plan. For the purpose this Paragraph 2a(ii), the amount of your target variable compensation payment shall be used, whether or not such Incentive Compensation was actually paid to you or was includible in your gross income for Federal income tax purposesindividually.