Common use of Compensation Upon Termination Without Cause or Upon Resignation with Good Reason Clause in Contracts

Compensation Upon Termination Without Cause or Upon Resignation with Good Reason. If the Board terminates Chairman's employment hereunder for any reason other than Cause or Chairman's death or Permanent Disability (as defined in Section 5.5), or if Chairman voluntarily resigns his employment with EVCI with Good Reason (the effective date of the first to occur of such termination or his resignation being the "Termination date"), then (a) Chairman shall be entitled to receive (i) the Salary and Benefits accrued prior to the Termination Date, (ii) payment or reimbursement of any expenses, provided for under Section 4.3, that were incurred by Chairman prior to the Termination Date, and (iii) any bonus to which Chairman would be entitled under Section 2 as if the Employment Term ended on December 31 of the fiscal year in which his resignation or such termination occurred and (b) after the Termination Date, EVCI will also continue (i) to pay the Salary, in equal biweekly payments, to Chairman through the third anniversary of the Termination Date and (ii) continue for Chairman and his spouse and dependent children the health insurance coverage and medical and dental reimbursement referred to in Section 4.2 through the third anniversary of the Termination Date; provided, however, such Salary continuation shall terminate if, and when, Severance Payments are made to Chairman pursuant to the Change in Control Agreement dated February 11, 2003 between Chairman and EVCI, or any similar superseding agreement (the "CIC Agreement"). Chairman shall be under no duty to seek other employment following such Termination Date and any amounts earned by him in connection with such other employment shall not reduce or offset the amounts otherwise owing hereunder.

Compensation Upon Termination Without Cause or Upon Resignation with Good Reason. If the Board terminates ChairmanExecutive's employment hereunder for any reason other than Cause or ChairmanExecutive's death or Permanent Disability (as defined in Section 5.5), or if Chairman Executive voluntarily resigns his employment with EVCI EVC with Good Reason (the effective date of the first to occur of such termination or his resignation being the "Termination dateDate"), then (a) Chairman Executive shall be entitled to receive (i) the Salary and Benefits accrued prior to the Termination Date, (ii) payment or reimbursement of any expenses, provided for under Section 4.3, that were incurred by Chairman Executive prior to the Termination Date, and (iii) any bonus to which Chairman Executive would be entitled under Section 2 Sections 2.2 and 2.3 as if the Employment Term ended on December 31 of the fiscal year in which his resignation or such termination occurred and (b) after the Termination Date, EVCI EVC will also continue (i) to pay the Salary, in equal biweekly semimonthly payments, to Chairman Executive through the third anniversary of the Termination Date and (ii) continue for Chairman Executive and his spouse and dependent children the health insurance coverage and medical and dental reimbursement referred to in Section 4.2 through the third anniversary of the Termination Date; provided, however, such Salary continuation shall terminate if, and when, Severance Payments are made to Chairman Executive pursuant to the Chief Executive Officer Change in Control Agreement dated February 11, 2003 today between Chairman Executive and EVCI, EVC or any similar superseding agreement (the "CIC Agreement"). Chairman Executive shall be under no duty to seek other employment following such Termination Date and any amounts earned by him in connection with such other employment shall not reduce or offset the amounts otherwise owing hereunder.

Compensation Upon Termination Without Cause or Upon Resignation with Good Reason. If the Board terminates ChairmanExecutive's employment hereunder for any reason other than Cause or ChairmanExecutive's death or Permanent Disability (as defined in Section 5.5), or if Chairman Executive voluntarily resigns his employment with EVCI with Good Reason (the effective date of the first to occur of such termination or his resignation being the "Termination dateDate"), then (a) Chairman Executive shall be entitled to receive (i) the Salary and Benefits accrued prior to the Termination Date, (ii) payment or reimbursement of any expenses, provided for under Section 4.3, that were incurred by Chairman Executive prior to the Termination Date, and (iii) any bonus to which Chairman Executive would be entitled under Section 2 as if the Employment Term ended on December 31 of the fiscal year in which his resignation or such termination occurred and (b) after the Termination Date, EVCI will also continue (i) to pay the Salary, in equal biweekly payments, to Chairman Executive through the third anniversary of the Termination Date and (ii) continue for Chairman Executive and his spouse and dependent children the health insurance coverage and medical and dental reimbursement referred to in Section 4.2 through the third anniversary of the Termination Date; provided, however, such Salary salary continuation shall terminate if, and when, Severance Payments severance payments are made to Chairman Executive pursuant to the Change in Control Agreement dated February 11, 2003 between Chairman Executive and EVCI, EVCI or any similar superseding agreement (the "CIC Agreement"). Chairman Executive shall be under no duty to seek other employment following such Termination Date and any amounts earned by him in connection with such other employment shall not reduce or offset the amounts otherwise owing hereunder.

Compensation Upon Termination Without Cause or Upon Resignation with Good Reason. If the Board terminates Chairman's employment hereunder for any reason other than Cause or Chairman's death or Permanent Disability (as defined in Section 5.5), or if Chairman voluntarily resigns his employment with EVCI with Good Reason (the effective date of the first to occur of such termination or his resignation being the "Termination dateDate"), then then (a) Chairman shall be entitled to receive (i) the Salary and Benefits accrued prior to the Termination Date, (ii) payment or reimbursement of any expenses, provided for under Section 4.3, that were incurred by Chairman prior to the Termination Date, and (iii) any bonus to which Chairman would be entitled under Section 2 2.2 as if the Employment Term ended on December 31 of the fiscal year in which his resignation or such termination occurred and (b) after the Termination Date, EVCI will also continue (i) to pay the Salary, in equal biweekly semimonthly payments, to Chairman through the third anniversary of the Termination Date and (ii) continue for Chairman and his spouse and dependent children the health insurance coverage and medical and dental reimbursement referred to in Section 4.2 through the third anniversary of the Termination Date; provided, however, such Salary continuation shall terminate if, and when, Severance Payments are made to Chairman pursuant to the Chairman Change in Control Agreement dated February 11October 1, 2003 1998 between Chairman and EVCI, or any similar superseding agreement (the "CIC Agreement"). Chairman shall be under no duty to seek other employment following such Termination Date and any amounts earned by him in connection with such other employment shall not reduce or offset the amounts otherwise owing hereunder.