Common use of Compensation and Benefits Upon Termination of Executive Employment Clause in Contracts

Compensation and Benefits Upon Termination of Executive Employment. In the event of any termination of Executive's employment other than for Cause under Section 6(d), or any termination of Executive's employment pursuant to Section 6(f) or Section 6(g), on the effective date of any such termination, the Executive shall be entitled to receive the following: (1) All life, disability, health insurance and other benefits pursuant to Section 5, to which he was entitled to continue to receive thirty (30) days prior to the Effective Date of such termination, for a period equal to the lesser of (A) the number of full months the Executive has been employed by the Company, whether pursuant to this Agreement or to any other agreement or arrangement, or (B) two (2) years, and which benefits shall be made for such period (as determined herein) following the effective date of such termination; provided that in the Executive's sole discretion, the Executive may receive the cash equivalent of all or any part of such life, disability and/or health insurance benefits from the Company in lieu of receiving such benefits; plus (2) An amount equal to (3) times the Executive's annual Base Salary, based upon the greater of the Executive's Base Salary (i) immediately prior to the effective date of termination or (ii) as of ninety (90) days prior to the effective date of termination; provided that all Base Compensation shall be payable to the Executive bi-weekly; provided that in the event that the Executive is entitled to receive the Base Compensation as a result of a Change in Control, at the Executive's option, the Executive may receive either (i) a lump sum equal to the Base Compensation due to the Executive pursuant to Section 6(g) reduced to present value, as set forth in Section 280G of the Internal Revenue Code or (ii) bi-weekly, plus any accrued Bonus multiplied times two, as computed to the effective date of such termination, computed on the basis of actual figures through such effective date of termination and based upon the formula set forth in Section 5(b) above. The provisions of this Section 6.h notwithstanding, the Compensation and Benefits to be received by the Executive pursuant to this Section 6.h shall not exceed the amount set forth in Section 162(m) of the Internal Revenue Code, or its successor provision.

Compensation and Benefits Upon Termination of Executive Employment. In the event of any termination of Executive's employment other Other than for Cause under Section 6(d), or any termination of Executive's employment pursuant to Section 6(f) or Section 6(g), on the effective date of any such termination, the Executive shall be entitled to receive the following: (1) All life, disability, disability and health insurance and other benefits pursuant to Section 5, to which he was entitled to continue to receive thirty (30) days prior to the Effective Date of such terminationthe Settlement Agreement, for a period equal to the lesser of (A) the number of full months the Executive has been employed by the Company, whether pursuant to this Agreement or to any other agreement or arrangement, or (B) two (2) years, and which benefits shall be made for such period (as determined herein) years following the effective date of such termination; provided that in the Executive's sole discretion, the Executive may receive the cash equivalent of all or any part of such life, disability and/or health insurance benefits from the Company in lieu of receiving such benefits; plus (2) An amount Compensation equal to three (3) times the Executive's annual Base Salary, based upon the greater of the Executive's Base Salary (i) immediately prior to the effective date of termination or (ii) or as of ninety (90) days prior to the effective date of termination; provided that all Base . All Compensation shall be payable to the Executive bi-weekly; provided that in the event that the Executive is entitled to receive the Base Compensation as a result of a Change in Control, at the Executive's option, the Executive may receive either (i) a lump sum equal to the Base Compensation due to the Executive pursuant to Section 6(g6(h) reduced to present value, as set forth in Section 280G of the Internal Revenue Code or (ii) bi-weekly, plus any accrued Bonus multiplied times two, as computed to the effective date of such termination, computed on the basis of actual figures through such effective date of termination and based upon the formula set forth in Section 5(b; plus (3) above. The provisions of this Section 6.h 6(h) notwithstanding, the Compensation and Benefits to be received by the Executive pursuant to this Section 6.h 6(h) shall not exceed the amount set forth in Section 162(m) of the Internal Revenue Code, or its successor provision.

Compensation and Benefits Upon Termination of Executive Employment. In the event of any termination of Executive's employment other Other than for Cause under Section 6(d), or 6(d),or any termination of Executive's employment pursuant to Section 6(f) or Section 6(g), on and the effective date of any such termination, the Executive shall be entitled to receive the following: (1) All life, disability, disability and health insurance and other benefits pursuant to Section 5, to which he was entitled to continue to receive thirty (30) days prior to the Effective Date of such terminationthe Settlement Agreement, for a period equal to the lesser of six (A6) the number of full months the Executive has been employed by the Company, whether pursuant to this Agreement or to any other agreement or arrangement, or (B) two (2) years, and which benefits shall be made for such period (as determined herein) following the effective date of such termination; provided that in the Executive's sole discretion, the Executive may receive the cash equivalent of all or any part of such life, disability and/or health insurance benefits from the Company in lieu of receiving such benefits; plus (2) An amount Compensation equal to one (31) times time the Executive's annual Base Salary, based upon the greater of the Executive's Base Salary (i) immediately prior to the effective date of termination or (ii) or as of ninety (90) days prior to the effective date of termination; provided that all Base . All Compensation shall be payable to the Executive biby-weekly; provided that in the event that the Executive is entitled to receive the Base Compensation as a result of a Change in Control, at the Executive's option, the Executive may receive either (i) a lump sum equal to the Base Compensation due to the Executive pursuant to Section 6(g6(h) reduced to present value, as set forth in Section 280G of the Internal Revenue Code or (ii) biby-weekly, ; plus any accrued Bonus multiplied times two, as computed to the effective date of such termination, computed on the basis of actual figures through such effective date of termination and based upon the formula set forth in Section 5(b) above. The provisions of this Section 6.h 6(h) notwithstanding, the Compensation and Benefits to be received by the Executive pursuant to this Section 6.h 6(h) shall not exceed the amount set forth in Section 162(m) of the Internal Revenue Code, or its successor provision.

Compensation and Benefits Upon Termination of Executive Employment. In the event of any termination of Executive's employment other Other than for Cause under Section 6(d), or any termination of Executive's employment pursuant to Section 6(f) or Section 6(g), on the effective date of any such termination, the Executive shall be entitled to receive the following: (1) All life, disability, disability and health insurance and other benefits pursuant to Section 5, to which he was entitled to continue to receive thirty (30) days prior to the Effective Date of such terminationthe Settlement Agreement, for a period equal to the lesser of (A) the number of full months the Executive has been employed by the Company, whether pursuant to this Agreement or to any other agreement or arrangement, or (B) two (2) years, and which benefits shall be made for such period (as determined herein) years following the effective date of such termination; provided that in the Executive's Executives sole discretion, the Executive may receive the cash equivalent of all or any part of such life, disability and/or health insurance benefits from the Company in lieu of receiving such benefits; plus (2) An amount Compensation equal to three (3) times the Executive's annual Base Salary, based upon the greater of the Executive's Base Salary (i) immediately prior to the effective date of termination or (ii) or as of ninety (90) days prior to the effective date of termination; provided that all Base . All Compensation shall be payable to the Executive bi-weekly; provided that in the event that the Executive is entitled to receive the Base Compensation as a result of a Change in Control, at the Executive's option, the Executive may receive either (i) a lump sum equal to the Base Compensation due to the Executive pursuant to Section 6(g6(h) reduced to present value, as set forth in Section 280G of the Internal Revenue Code or (ii) bi-weekly, ; plus any accrued Bonus multiplied times two, as computed to the effective date of such termination, computed on the basis of actual figures through such effective date of termination and based upon the formula set forth in Section 5(b) above. The provisions of this Section 6.h 6(h) notwithstanding, the Compensation and Benefits to be received by the Executive pursuant to this Section 6.h shall 6(h)shall not exceed the amount set forth in Section 162(m) of the Internal Revenue Code, or its successor provision.

Compensation and Benefits Upon Termination of Executive Employment. In the event of any termination of Executive's employment other than for Without Cause under Section 6(d), or any termination of Executive's employment pursuant to Section 6(f) or Section 6(g), on the effective date of any such termination, the Executive shall be entitled to receive the following: (1) All life, disability, disability and health insurance and other benefits pursuant to Section 5, to which he was entitled to continue to receive thirty (30) days prior to the Effective Date of such terminationthe Settlement Agreement, for a period equal to the lesser of (A) the number of full months the Executive has been employed by the Company, whether pursuant to this Agreement or to any other agreement or arrangement, or (B) two (2) years, and which benefits shall be made for such period (as determined herein) years following the effective date of such termination; provided that in the Executive's sole discretion, the Executive may receive the cash equivalent of all or any part of such life, disability and/or health insurance benefits from the Company in lieu of receiving such benefits; plus (2) An amount Base Compensation equal to three (3) times the Executive's annual Base Salary, based upon the greater of the Executive's Base Salary (iI) immediately prior to the effective date of termination or (ii) or as of ninety (90) days prior to the effective date of termination; provided that all . All Base Compensation shall be payable to the Executive biby-weekly; provided that in the event that the Executive is entitled to receive the Base Compensation as a result of a Change in Control, at the Executive's option, the Executive may receive either (i) a lump sum equal to the Base Compensation due to the Executive pursuant to Section 6(g) reduced to present value, as set forth in Section 280G of the Internal Revenue Code or (ii) bi-weekly, plus any ; plus (3) Any accrued Bonus multiplied times two, two as computed to the effective date of such termination, computed on the basis of actual figures through such effective date of termination and based upon the formula set forth in Section 5(b) above. The provisions of this Section 6.h 6(h) notwithstanding, the Compensation and Benefits to be received by the Executive pursuant to this Section 6.h 6(h) shall not exceed the amount set forth in Section 162(m) of the Internal Revenue Code, or its successor provision.

Compensation and Benefits Upon Termination of Executive Employment. In the event of any termination of Executive's employment other than for Without Cause under Section 6(d), or any termination of Executive's employment pursuant to Section 6(f) or Section 6(g), on the effective date of any such termination, the Executive shall be entitled to receive the following: (1) All life, disability, disability and health insurance and other benefits pursuant to Section 5, to which he was entitled to continue to receive thirty (30) days prior to the Effective Date of such terminationthe Settlement Agreement, for a period equal to the lesser of (A) the number of full months the Executive has been employed by the Company, whether pursuant to this Agreement or to any other agreement or arrangement, or (B) two (2) years, and which benefits shall be made for such period (as determined herein) following the effective date of such termination; provided that in the Executive's sole discretion, the Executive may receive the cash equivalent of all or any part of such life, disability and/or health insurance benefits from the Company in lieu of receiving such benefits; plus (2) An If Executive has been employed by the Company, whether pursuant to this Agreement or to any other agreement or arrangement, for a period of (a) three (3) years or more, then an amount equal to (3) times the Executive's annual Base Salary, based upon the greater of the Executive's Base Salary (i) immediately prior to the effective date of termination or (ii) or as of ninety (90) days prior to the effective date of termination; or (b) less than three (3) years, then an amount equal to the number of Executive's annual Base Salary, divided by twelve (12), times the number of months the Executive has been employed by the Company, and based upon the greater of the Executive's Base Salary (i) immediately prior to the effective date of termination or (ii) or as of ninety (90) days prior to the effective date of termination; provided that all Base Compensation (whether pursuant to Section 6h,(2)(a) or 6h,(2)(b)) shall be payable to the Executive bi-weekly; provided that in the event that the Executive is entitled to receive the Base Compensation as a result of a Change in Control, at the Executive's option, the Executive may receive either (i) a lump sum equal to the Base Compensation due to the Executive pursuant to Section 6(g) reduced to present value, as set forth in Section 280G of the Internal Revenue Code or (ii) bi-weekly; plus (3) If Executive has been employed by the Company, plus whether pursuant to this Agreement or to any other agreement or arrangement, for a period of (a) three (3) years or more, any accrued Bonus multiplied times two, as computed to the effective date of such termination, computed on the basis of actual figures through such effective date of termination and based upon the formula set forth in Section 5(b) above; or (b) less than three (3) years, any accrued Bonus, as computed to the effective date of such termination, computed on the basis of actual figures through such effective date of termination and based upon the formula set forth in Section 5(b) above. The provisions of this Section 6.h 6(h) notwithstanding, the Compensation and Benefits to be received by the Executive pursuant to this Section 6.h 6(h) shall not exceed the amount set forth in Section 162(m) of the Internal Revenue Code, or its successor provision.

Compensation and Benefits Upon Termination of Executive Employment. In the event of any termination of Executive's employment other than for Without Cause under Section 6(d), or any termination of Executive's employment pursuant to Section 6(f) or Section 6(g), on the effective date of any such termination, the Executive shall be entitled to receive the following: (1) All life, disability, disability and health insurance and other benefits pursuant to Section 5, to which he was entitled to continue to receive thirty (30) days prior to the Effective Date of such terminationthe 8 Settlement Agreement, for a period equal to the lesser of (A) the number of full months the Executive has been employed by the Company, whether pursuant to this Agreement or to any other agreement or arrangement, or (B) two (2) years, and which benefits shall be made for such period (as determined herein) years following the effective date of such termination; provided that in the Executive's sole discretion, the Executive may receive the cash equivalent of all or any part of such life, disability and/or health insurance benefits from the Company in lieu of receiving such benefits; plus (2) An amount Base Compensation equal to three (3) times the Executive's annual Base Salary, based upon the greater of the Executive's Base Salary (iI) immediately prior to the effective date of termination or (ii) or as of ninety (90) days prior to the effective date of termination; provided that all . All Base Compensation shall be payable to the Executive biby-weekly; provided that in the event that the Executive is entitled to receive the Base Compensation as a result of a Change in Control, at the Executive's option, the Executive may receive either (i) a lump sum equal to the Base Compensation due to the Executive pursuant to Section 6(g) reduced to present value, as set forth in Section 280G of the Internal Revenue Code or (ii) bi-weekly, plus any ; plus (3) Any accrued Bonus multiplied times two, two as computed to the effective date of such termination, computed on the basis of actual figures through such effective date of termination and based upon the formula set forth in Section 5(b) above. The provisions of this Section 6.h 6(h) notwithstanding, the Compensation and Benefits to be received by the Executive pursuant to this Section 6.h 6(h) shall not exceed the amount set forth in Section 162(m) of the Internal Revenue Code, or its successor provision.

Compensation and Benefits Upon Termination of Executive Employment. In the event of any termination of Executive's employment other than for Without Cause under Section 6(d), or any termination of Executive's employment pursuant to Section 6(f) or Section 6(g), on the effective date of any such termination, the Executive shall be entitled to receive the following: (1) All life, disability, disability and health insurance and other benefits pursuant to Section 5, to which he was entitled to continue to receive thirty (30) days prior to the Effective Date of such terminationthe Settlement Agreement, for a period equal to the lesser of (A) the number of full months the Executive has been employed by the Company, whether pursuant to this Agreement or to any other agreement or arrangement, or (B) two (2) years, and which benefits shall be made for such period (as determined herein) following the effective date of such termination; provided that in the Executive's sole discretion, the Executive may receive the cash equivalent of all or any part of such life, disability and/or health insurance benefits from the Company in lieu of receiving such benefits; plus (2) An If Executive has been employed by the Company, whether pursuant to this Agreement or to any other agreement or arrangement, for a period of (a) three (3) years or more, then an amount equal to (3) times the Executive's annual Base Salary, based upon the greater of the Executive's Base Salary (i) immediately prior to the effective date of termination or (ii) or as of ninety (90) days prior to the effective date of termination; or (b) less than three (3) years, then an amount equal to the number of Executive's annual Base Salary, divided by twelve (12), times the number of months the Executive has been employed by the Company, and based upon the greater of the Executive's Base Salary (i) immediately prior to the effective date of termination or (ii) or as of ninety (90) days prior to the effective date of termination; (c) provided that all Base Compensation (whether pursuant to Section 6h,(2)(a) or 6h,(2)(b)) shall be payable to the Executive bi-weekly; provided that in the event that the Executive is entitled to receive the Base Compensation as a result of a Change in Control, at the Executive's option, the Executive may receive either (i) a lump sum equal to the Base Compensation due to the Executive pursuant to Section 6(g) reduced to present value, as set forth in Section 280G of the Internal Revenue Code or (ii) bi-weekly; plus (3) If Executive has been employed by the Company, plus whether pursuant to this Agreement or to any other agreement or arrangement, for a period of (a) three (3) years or more, any accrued Bonus multiplied times two, as computed to the effective date of such termination, computed on the basis of actual figures through such effective date of termination and based upon the formula set forth in Section 5(b) above; or (b) less than three (3) years, any accrued Bonus, as computed to the effective date of such termination, computed on the basis of actual figures through such effective date of termination and based upon the formula set forth in Section 5(b) above. The provisions of this Section 6.h 6(h) notwithstanding, the Compensation and Benefits to be received by the Executive pursuant to this Section 6.h 6(h) shall not exceed the amount set forth in Section 162(m) of the Internal Revenue Code, or its successor provision.

Compensation and Benefits Upon Termination of Executive Employment. In the event of any termination of Executive's employment other than for Cause under Section 6(d), or any termination of Executive's employment pursuant to Section 6(f) or Section 6(g)6.3, on the effective date of any such termination, the Executive shall be entitled to receive the following: (1) All life, disability, health insurance and other benefits pursuant to Section 53, to which he was entitled to continue to receive thirty (30) days prior to the Effective Date of such termination, shall continue to be made for a period equal to the lesser of three (A3) the number of full months the Executive has been employed by the Company, whether pursuant to this Agreement or to any other agreement or arrangement, or (B) two (2) years, and which benefits shall be made for such period (as determined herein) years following the effective date of such terminationtermination as set forth in this Section; provided that in the Executive's sole discretion, the Executive may receive the cash equivalent of all or any part of such life, disability and/or health insurance benefits from the Company in lieu of receiving such benefits; plus (2) An amount equal to three (3) times the Executive's annual Base Salary, based upon the greater of the Executive's Base Salary (i) immediately prior to the effective date of termination or (ii) as of ninety (90) days prior to the effective date of termination; provided that all Base Compensation shall be payable to the Executive bi-weekly; provided that in the event that the Executive is entitled to receive the Base Compensation as a result of a Change in Control, at the Executive's option, the Executive may receive either (i) a lump sum equal to the balance of the Base Compensation including the two (2) one-year successive terms due to the Executive pursuant to Section 6(g) 3.1 reduced to present value, as set forth in Section 280G of the Internal Revenue Code or Code; plus (ii3) biAll unpaid Base Salary through the date of termination, Bonus and accrued and unused Vacation time, pro-weekly, plus any accrued Bonus multiplied times two, as computed rated to the effective date of such termination, computed on the basis of actual figures through such effective date of termination and based upon the formula set forth in Section 5(b) above. The provisions of this Section 6.h 6.8 notwithstanding, the Compensation and Benefits to be received by the Executive pursuant to this Section 6.h 6.8 shall not exceed the amount set forth in Section 162(m) of the Internal Revenue Code, or its successor provision.