Common use of Consequences of Termination of Employment Clause in Contracts

Consequences of Termination of Employment. Executive shall be entitled to the following compensation from the Company (in lieu of all other sums owed or payable to Executive) upon the termination of employment as described below: (a) Death, Disability, Voluntary Resignation without Good Reason or by the Company with Cause. If Executive's employment and the Employment Term are terminated (1) by reason of Executive's death or Disability, (2) by Executive without Good Reason or (3) by the Company for Cause, the employment period under this Agreement shall terminate without further obligations to Executive or Executive's legal representatives under this Agreement except for: (i) any Base Salary earned but unpaid, any accrued but unused vacation pay payable pursuant to the Company's policies and any unreimbursed business expenses payable pursuant to Section 6 (which amounts, in the case of the death of Executive, shall be promptly paid in a lump sum to Executive's estate), (ii) any other amounts or benefits earned, accrued and owing to Executive under the then applicable employee benefit plans, long term incentive plans or equity plans and programs of the Company, including, without limitation, any earned but unpaid incentive bonus for any prior completed fiscal year, and (iii) except in the case of a termination by the Company for Cause or by Executive without Good Reason, a pro-rata portion (based on the number of days Executive is employed by the Company during the fiscal year of such termination) of Executive's incentive bonus earned for the fiscal year in which termination occurs, which, in any case, shall be paid in accordance with the applicable plans, programs and agreements, and any unpaid reimbursable business expenses (such amounts referred to in clauses (i) and (ii), collectively, the "ACCRUED AMOUNTS").

Consequences of Termination of Employment. Executive shall be entitled to the following compensation from the Company (in lieu of all other sums owed or payable to Executivea) upon Upon the termination of employment as described below: (a) Death, Disability, Voluntary Resignation without Good Reason or by the Company with Cause. If Executive's employment and the Employment Term are terminated (1) by reason of Executive's death or DisabilityTerm, (2) by Executive without Good Reason or (3) by the Company for Causeshall pay and provide Executive (or, if applicable, his surviving spouse or, if none, his estate) the employment period under this Agreement shall terminate without further obligations to Executive or Executive's legal representatives under this Agreement except forfollowing amounts and benefits: (i) any unpaid Base Salary earned but unpaid, any accrued but unused vacation pay payable pursuant to the Company's policies and any unreimbursed business expenses payable pursuant to Section 6 (which amounts, in the case of the death of Executive, shall be promptly paid in a lump sum to Executive's estate), Salary; (ii) reimbursement for any other amounts or benefits earned, accrued and owing to Executive under expenses incurred in connection with the then applicable employee benefit plans, long term incentive plans or equity plans and programs business of the Company, including, without limitation, any earned but unpaid incentive bonus for any Company prior completed fiscal year, to his date of termination to which he would be otherwise entitled; and (iii) except in the case of a termination by the Company for Cause any benefits, fringes, or by Executive without Good Reasonpayments, a pro-rata portion (based on the number of days Executive is employed by the Company during the fiscal year of such termination) of Executive's if any, due under any benefit, fringe benefit, or incentive bonus earned for the fiscal year in which termination occurs, which, in any case, shall be paid plan or arrangement in accordance with the applicable plans, programs and agreements, and any unpaid reimbursable business expenses terms of said plan or arrangement due for the period prior to such termination (such amounts the payments referred to in clauses (iSection 5(a)(i),(ii) and (ii), collectively, iii) hereof are collectively referred to herein as the "ACCRUED AMOUNTSAccrued Benefits"). (b) If Executive's employment is terminated by the Company without Cause (and other than for Disability), in addition to the Accrued Benefits, the Company shall, subject to Executive's execution of a general release of all claims and rights that Executive may have against the Company and its related entities and their respective officers, directors, and employees, including but not limited to all claims and rights relating to Executive's employment and/or termination, in a form acceptable to the Company, continue to pay Executive (or, if applicable, his surviving spouse or, if none, his estate) his then current Base Salary for a period of twelve (12) months (the "Severance"), provided that the Severance payments shall be offset by any amounts earned by Executive through other employment, consulting position, or unemployment benefits. The Severance is expressly understood and agreed not to be salary or payroll compensation to an employee, but rather, severance to a former employee. Executive shall have no obligation to mitigate with regard to the Severance; but Executive shall notify the Company in writing of any unemployment benefits or employment or consulting activities he is engaged in, keep the Company informed of whether it is on a full or part-time basis, and provide the Company with such other details as it shall reasonably request. Notwithstanding anything herein to the contrary, the Severance payments shall immediately terminate if Executive breaches any of the provisions of Sections 6 or 7 of this Agreement.

Consequences of Termination of Employment. Executive shall be entitled to the following compensation from the Company (in lieu of all other sums owed or payable to Executive) upon the termination of employment as described below: (a) Death, Disability, Voluntary Resignation without Good Reason or by the Company with Cause. If Executive's employment and the Employment Term are terminated (1) by reason of Executive's death or Disability, (2) by Executive without Good Reason or (3) by the Company for Cause, the employment period under this Agreement shall terminate without further obligations to Executive or Executive's legal representatives under this Agreement except for: (i) any Base Salary earned but unpaid, any accrued but unused vacation pay payable pursuant to the Company's policies and any unreimbursed business expenses payable pursuant to Section 6 (which amounts, in the case of the death of Executive, shall be promptly paid in a lump sum to Executive's estate), (ii) any other amounts or benefits earned, accrued and owing to Executive under the then applicable employee benefit plans, long term incentive plans or equity plans and programs of the Company, including, without limitation, any earned but unpaid incentive bonus for any prior completed fiscal year, and (iii) except in the case of a termination by the Company for Cause or by Executive without Good Reason, a pro-rata portion (based on the number of days Executive is employed by the Company during the fiscal year of such termination) of Executive's incentive bonus earned for the fiscal year in which termination occurs, which, in any case, shall be paid in accordance with the applicable plans, programs and agreements, and any unpaid reimbursable business expenses (such amounts referred to in clauses (i) and (ii), collectively, the "ACCRUED AMOUNTS").based