Common use of By Expiration of Term Clause in Contracts

By Expiration of Term. If Executive’s employment hereunder shall terminate upon expiration of the Term, then all compensation and all benefits to Executive hereunder shall terminate contemporaneously with termination of his employment, except that: (a) Company shall pay to Executive all Accrued Obligations (as defined below in Section 4.8) in a lump sum in cash within thirty (30) days after the date of termination of Executive’s employment (the “Date of Termination”). For the avoidance of doubt, salary, annual bonus, vacation and sick leave, other employee benefits (except for COBRA Coverage (as defined below) and other perquisites shall cease to accrue as of the Date of Termination. (b) All outstanding LTIP Awards shall not be forfeited and shall be paid at the times and in the amounts provided for in such awards, as if Executive had continued to be employed through the maturity of each such award. (c) Company shall provide Executive and his eligible dependents with continuous health care coverage under and subject to the provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA Coverage”) at the prevailing active employee rate for up to eighteen (18) months from such termination. (d) Company’s obligations under Sections 4.6 and 5.1 shall continue. (e) Company shall pay any amounts owed but unpaid to Executive under any plan, policy or program of Company as of the date of termination at the time provided by, and in accordance with the terms of, such plan, policy or program. (f) If Company or Executive elects not to the renew for a successive one-year period or do not enter into a new employment agreement, then Company shall pay Executive a one-time lump sum severance payment in the aggregate amount equal to (i) the product of 1.5 multiplied by (a) the Executive’s then current annualized base salary provided for under Section 3.1 and (b) an amount equal to the annualized Target Bonus. In addition, Company shall pay Executive an amount equal to the Target Bonus prorated based on the number of days Executive was employed during the bonus year in which employment terminated. Such aggregate severance amount shall be paid to Executive within thirty (30) days of his execution of a release of claims pursuant to Section 4.7. (g) Company shall, upon request, provide benefits to Executive consistent with a Category III relocation plan. Executive agrees that, in the event of the breach of any of Executive’s obligations under Section 4.9 or Section 4.10 hereof, any right of Executive to receive any payments or benefits provided for in this Section 4.1 shall immediately cease and/or be forfeited and Company shall be under no further obligation to provide any payments or benefits to Executive other than benefits which had accrued and to which Executive had become fully vested, and benefits which Company is legally obligated to provide.

By Expiration of Term. If Executive’s employment hereunder shall terminate upon expiration of the Term, then all compensation and all benefits to Executive hereunder shall terminate contemporaneously with termination of his employment, except that: (a) Company shall pay to Executive all Accrued Obligations (as defined below in Section 4.8) in a lump sum in cash within thirty (30) days after the date of termination of Executive’s employment (the “Date of Termination”). For the avoidance of doubt, salary, annual bonus, vacation and sick leave, other employee benefits (except for COBRA Coverage (as defined below)) and other perquisites shall cease to accrue as of the Date of Termination. (b) Company shall pay Executive a pro rata annual Bonus for the year of termination based on actual performance at the time when bonuses are paid to senior executives generally. (c) All outstanding LTIP Awards awards which had been made to Executive pursuant to Section 3.5 (for purposes of this Article 4, “LTICP Awards”) shall not be forfeited and shall be paid at the times and in the amounts provided for in in, and subject to the terms and conditions of, such awards, as if Executive had continued to be employed through the maturity of each such award. (cd) Company shall provide Executive and his eligible dependents with continuous health care coverage under and subject to the provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA Coverage”) at the prevailing active employee rate for up to eighteen (18) months from such termination. (de) Company’s obligations under Sections 4.6 and 5.1 shall continue. (ef) Company shall pay any amounts owed but unpaid to Executive under any plan, policy or program of Company as of the date Date of termination Termination at the time provided by, and in accordance with the terms of, such plan, policy or program. (f) If Company or Executive elects not to the renew for a successive one-year period or do not enter into a new employment agreement, then Company shall pay Executive a one-time lump sum severance payment including any annual Bonus earned in the aggregate amount equal to (i) the product of 1.5 multiplied by (a) the Executive’s then current annualized base salary provided for under prior calendar year or a portion thereof as described in Section 3.1 and (b) an amount equal to the annualized Target Bonus. In addition, Company shall pay Executive an amount equal to the Target Bonus prorated based on the number of days Executive was employed during the bonus year in which employment terminated. Such aggregate severance amount shall be paid to Executive within thirty (30) days of his execution of a release of claims pursuant to Section 4.73.4. (g) Company shall, upon request, provide benefits to Executive consistent with a Category III relocation plan. Executive agrees that, in the event of the breach of any of Executive’s obligations under Section 4.9 or Section 4.10 hereof, any right of Executive to receive any payments or benefits provided for in this Section 4.1 shall immediately cease and/or be forfeited and Company shall be under no further obligation to provide any payments or benefits to Executive other than benefits which had accrued and to which Executive had become fully vested, and benefits which Company is legally obligated to provide.

By Expiration of Term. If Executive’s 's employment hereunder shall --------------------- terminate upon expiration of the Term, then all compensation and all benefits to Executive hereunder shall terminate contemporaneously with termination of his employment, except that: (ai) Company shall pay to Executive all Accrued Obligations (as defined below in Section 4.8) in a lump sum in cash within thirty (30) days after the date of termination of Executive’s 's employment (the “"Date of Termination”"). For the avoidance of doubt, salary, annual bonus, vacation and sick leave, other employee benefits (except for COBRA Coverage (as defined below)) and other perquisites shall cease to accrue as of the Date of Termination. (bii) Company shall pay Executive a pro rata annual Bonus for the year of termination based on actual performance at the time when bonuses are paid to senior executives generally. (iii) All outstanding LTIP Awards shall not be forfeited and awards which had been made to Executive pursuant to Section 3.6 under the heading "Performance-Based Restricted Stock Awards" (for purposes of this Article 4, "Performance-Based Restricted Stock Awards") shall be paid at the times and in the amounts provided for in and subject to the terms and conditions of such awards, as if Executive had continued to be employed through the maturity of each such award. (civ) To the extent not previously paid, the award of Performance Units made to Executive under Section 3.5 shall not forfeit and shall be paid if and when the performance criteria for distribution of such award are satisfied at any time on or before the eighth annual anniversary of the Effective Date. (v) Company shall provide Executive and his eligible dependents with continuous health care coverage under and subject to the provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985 (“"COBRA Coverage”") at the prevailing active employee rate for up to eighteen (18) months from such termination. (dvi) Company’s 's obligations under Sections 4.6 4.6, 5.3 and 5.1 5.5 shall continue. (evii) Company shall, at its cost, provide Executive with Office and Related Services (as defined below in Section 4.8). (viii) Company shall pay any amounts owed but unpaid to Executive under any plan, policy or program of Company as of the date of termination at the time provided by, and in accordance with the terms of, such plan, policy or program. (f) If Company or Executive elects not to , including the renew for a successive one-year period or do not enter into a new employment agreement, then Company shall pay Executive a one-time lump sum severance payment awards under Section 3.4 herein and any annual Bonus earned in the aggregate amount equal to (i) the product of 1.5 multiplied by (a) the Executive’s then current annualized base salary provided for under prior calendar year or a portion thereof as described in Section 3.1 and (b) an amount equal to the annualized Target Bonus. In addition, Company shall pay Executive an amount equal to the Target Bonus prorated based on the number of days Executive was employed during the bonus year in which employment terminated. Such aggregate severance amount shall be paid to Executive within thirty (30) days of his execution of a release of claims pursuant to Section 4.73.3. (g) Company shall, upon request, provide benefits to Executive consistent with a Category III relocation plan. Executive agrees that, in the event of the breach of any of Executive’s obligations under Section 4.9 or Section 4.10 hereof, any right of Executive to receive any payments or benefits provided for in this Section 4.1 shall immediately cease and/or be forfeited and Company shall be under no further obligation to provide any payments or benefits to Executive other than benefits which had accrued and to which Executive had become fully vested, and benefits which Company is legally obligated to provide.

By Expiration of Term. If Executive’s employment hereunder shall terminate upon expiration of the Term, then all compensation and all benefits to Executive hereunder shall terminate contemporaneously with termination of his employment, except that: (a) Company shall pay to Executive all Accrued Obligations (as defined below in Section 4.8) in a lump sum in cash within thirty (30) days after the date of termination of Executive’s employment (the “Date of Termination”). For the avoidance of doubt, salary, annual bonus, vacation and sick leave, other employee benefits (except for COBRA Coverage (as defined below)) and other perquisites shall cease to accrue as of the Date of Termination. (b) Company shall pay Executive a pro rata annual Bonus for the year of termination based on actual performance at the time when bonuses are paid to senior executives generally. (c) All outstanding LTIP Awards awards which had been made to Executive pursuant to Section 3.4 (for purposes of this Article 4, “LTICP Awards”) shall not be forfeited and shall be paid at the times and in the amounts provided for in in, and subject to the terms and conditions of, such awards, as if Executive had continued to be employed through the maturity of each such award. (cd) Company shall provide Executive and his eligible dependents with continuous health care coverage under and subject to the provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA Coverage”) at the prevailing active employee rate for up to eighteen (18) months from such termination. (de) Company’s obligations under Sections 4.6 and 5.1 shall continue. (ef) Company shall pay any amounts owed but unpaid to Executive under any plan, policy or program of Company as of the date of termination at the time provided by, and in accordance with the terms of, such plan, policy or program. (f) If Company or Executive elects not to the renew for a successive one-year period or do not enter into a new employment agreement, then Company shall pay Executive a one-time lump sum severance payment including any annual Bonus earned in the aggregate amount equal to (i) the product of 1.5 multiplied by (a) the Executive’s then current annualized base salary provided for under prior calendar year or a portion thereof as described in Section 3.1 and (b) an amount equal to the annualized Target Bonus. In addition, Company shall pay Executive an amount equal to the Target Bonus prorated based on the number of days Executive was employed during the bonus year in which employment terminated. Such aggregate severance amount shall be paid to Executive within thirty (30) days of his execution of a release of claims pursuant to Section 4.73.3. (g) Company shall, upon request, provide benefits to Executive consistent with a Category III relocation plan. Executive agrees that, in the event of the breach of any of Executive’s obligations under Section 4.9 or Section 4.10 hereof, any right of Executive to receive any payments or benefits provided for in this Section 4.1 shall immediately cease and/or be forfeited and Company shall be under no further obligation to provide any payments or benefits to Executive other than benefits which had accrued and to which Executive had become fully vested, and benefits which Company is legally obligated to provide.

By Expiration of Term. If Executive’s employment hereunder shall terminate upon expiration of the Term, then all compensation and all benefits to Executive hereunder shall terminate contemporaneously with termination of his employment, except that: (a) Company shall pay to Executive all Accrued Obligations (as defined below in Section 4.8) in a lump sum in cash within thirty (30) days after the date of termination of Executive’s employment (the “Date of Termination”). For the avoidance of doubt, salary, annual bonus, vacation and sick leave, other employee benefits (except for COBRA Coverage (as defined below)) and other perquisites shall cease to accrue as of the Date of Termination. (b) Company shall pay Executive a pro rata annual Bonus for the year of termination based on actual performance at the time when bonuses are paid to senior executives generally. (c) All outstanding LTIP Awards awards which had been made to Executive pursuant to Section 3.4 (for purposes of this Article 4, “LTICP Awards”) shall not be forfeited and shall be paid at the times and in the amounts provided for in in, and subject to the terms and conditions of, such awards, as if Executive had continued to be employed through the maturity of each such award. (cd) Company shall provide Executive and his eligible dependents with continuous health care coverage under and subject to the provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA Coverage”) at the prevailing active employee rate for up to eighteen (18) months from such termination. (de) Company’s obligations under Sections 4.6 4.6, 5.1, 5.3 and 5.1 5.5 shall continue. (ef) Company shall pay any amounts owed but unpaid to Executive under any plan, policy or program of Company as of the date of termination at the time provided by, and in accordance with the terms of, such plan, policy or program. (f) If Company or Executive elects not to the renew for a successive one-year period or do not enter into a new employment agreement, then Company shall pay Executive a one-time lump sum severance payment including any annual Bonus earned in the aggregate amount equal to (i) the product of 1.5 multiplied by (a) the Executive’s then current annualized base salary provided for under prior calendar year or a portion thereof as described in Section 3.1 and (b) an amount equal to the annualized Target Bonus. In addition, Company shall pay Executive an amount equal to the Target Bonus prorated based on the number of days Executive was employed during the bonus year in which employment terminated. Such aggregate severance amount shall be paid to Executive within thirty (30) days of his execution of a release of claims pursuant to Section 4.73.3. (g) Company shall, upon request, provide benefits to Executive consistent with a Category III relocation plan. Executive agrees that, in the event of the breach of any of Executive’s obligations under Section 4.9 or Section 4.10 hereof, any right of Executive to receive any payments or benefits provided for in this Section 4.1 shall immediately cease and/or be forfeited and Company shall be under no further obligation to provide any payments or benefits to Executive other than benefits which had accrued and to which Executive had become fully vested, and benefits which Company is legally obligated to provide.