Common use of Date of Termination Clause in Contracts

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier.

Date of Termination. “Date of Termination” shall mean means (i) if the Executive’s employment is terminated other than by reason of death or Retirement, the end of the notice period specified in Section 3 hereof (if applicable), or (ii) if the Executive’s employment is terminated by Executive’s reason of death, the Date of Termination shall be the date of death of the Executive’s death; , or (iiiii) if the Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi) either by reason of Retirement, the Date of Termination shall be the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlierRetirement.

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – — (vi) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier; (iii) if Executive’s employment is terminated pursuant to Section 3(a)(vii) or Section 3(a)(viii), the expiration of the then-applicable Term.

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier.

Date of Termination. “Date The date of Termination” termination shall mean be: (ia) if the Executive’s employment is terminated by the Executive’s death, the date of the Executive’s death; or ; (iib) if the Executive’s employment is terminated by reason of Executive’s disability pursuant to Section 3(a)(ii2.1(c) – (vior by the Corporation pursuant to Sections 2.1(a) either the date indicated in the Notice of Termination or 2.1(d), the date specified by the Company pursuant to Section 3(b)Corporation; and (c) if the Executive’s employment is terminated by the Executive, whichever is earlierthe date on which the Executive notifies the Corporation of his termination.

Date of Termination. “Date of Termination” shall mean (i) if the Executive’s employment is terminated by Executive’s his death, the date of Executive’s his death; or (ii) if the Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier; (iii) if the Executive’s employment is terminated pursuant to Section 3(a)(vii) or Section 3(a)(viii), the expiration of the then-applicable Term.

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or and (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi) either ), the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlierTermination.

Date of Termination. The term “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s his death, the date of Executive’s his death; or and (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi) either for any other reason, the effective date indicated of termination specified in the such Notice of Termination or Termination. The Employment Period shall expire on the date specified by the Company pursuant to Section 3(b), whichever is earlierDate of Termination.

Date of Termination. The Executive’s “Date of Termination” shall mean mean: (i) if Executive’s employment is terminated by Executive’s in the event of his death, the date of Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(iiin the event of his Disability, the Disability Effective Date; and (iii) – (vi) either in the event of any other termination of employment, the date indicated specified in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlierTermination.

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi3(a)(ii)-(vi) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier.

Date of Termination. “Date of Termination” " shall mean (i) if the Executive’s 's employment is terminated by Executive’s his death, the date of Executive’s his death; or (ii) if the Executive’s 's employment is terminated pursuant to Section 3(a)(ii) – - (viv) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier; (iii) if the Executive's employment is terminated pursuant to Section 3(a)(vi) or Section 3(a)(vii), the expiration of the then-applicable Term.

Date of Termination. “Date of Termination” shall mean (i) if the Executive’s employment is terminated by Executive’s his death, the date of Executive’s his death; or (ii) if the Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi) either for Cause, the date indicated in the on which a Notice of Termination or is received by the Executive; and (iii) if the Executive’s employment is terminated for any other reason stated above, the date specified in a Notice of Termination by Employer or Executive, which date shall be no less than 30 days following the Company pursuant to Section 3(b), whichever date on which Notice of Termination is earliergiven.

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s his death, the date of Executive’s his death; or , (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii6(b), thirty (30) – days after Notice of Termination, and (viiii) either if Executive’s employment is terminated for any other reason, the date indicated in the on which a Notice of Termination is given or any later date (within thirty (30) days after the date specified by the Company pursuant to Section 3(b), whichever is earliergiving of such notice) set forth in such Notice of Termination.

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – - (vi) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier.

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – — (vi) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier.

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s his death, the date of Executive’s death; or , (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii6(b), thirty (30) – (vi) either the date indicated in the days after Notice of Termination or (provided that Executive shall not have returned to the substantial performance of his duties on a full-time basis during such thirty (30) day period), and (iii) if Executive’s employment is terminated for any other reason, the date specified by the Company pursuant to Section 3(b), whichever on which a Notice of Termination is earliergiven or any later date set forth in such Notice of Termination.

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – (viSections 3(a)(ii)-(vi) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier.

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi3(a)(ii)–(vi) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier.

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – - (vi) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier.

Date of Termination. For purposes of this Agreement, “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s his death, the date of Executive’s his death; or , (ii) if Executive’s employment is terminated by the Company (other than pursuant to Section 3(a)(iiSections 4(b)(i) – (vi) either or 4(b)(ii)), the date indicated in of receipt of the Notice of Termination or any later date specified therein, and (iii) if Executive’s employment is terminated for any other reason, the date specified by thirty (30) days following the Company pursuant to Section 3(b), whichever date on which the Notice of Termination is earlierprovided.

Date of Termination. The “Date of Termination” shall mean (i) if the Executive’s employment is terminated by Executive’s his death, the date of Executive’s his death; or , (ii) if the Executive’s employment is terminated pursuant to Section 3(a)(iisubsection (b) – or clause (viii), (iii) either the date indicated in or (iv) of subsection (c) above, upon delivery of the Notice of Termination or unless otherwise specified in such notice, and (iii) if the Executive’s employment is terminated for any other reason, the date specified by thirty (30) days following the Company pursuant to Section 3(b), whichever date on which a Notice of Termination is earliergiven.

Date of Termination. “Date The date of Termination” termination shall mean be: (ia) if the Executive’s employment is terminated by the Executive’s death, the date of the Executive’s death; or ; (iib) if the Executive’s employment is terminated by reason of Executive’s disability pursuant to Section 3(a)(ii2.1(c) – (vior by the Corporation pursuant to Sections 2.1(a) either the date indicated in the Notice of Termination or 2.1(d), the date specified by the Company pursuant to Section 3(b)Corporation; and (c) if the Executive’s employment is terminated by the Executive, whichever is earlierthe date on which the Executive notifies the Corporation of her termination.

Date of Termination. “Date of Termination” shall mean the earlier of (ia) the date of expiration of the Employment Term (as set forth in Section 2) and (b) if the Executive’s employment is terminated (i) by Executive’s his death, the date of Executive’s his death; , or (ii) if pursuant to the provisions of Section 5.2, Section 5.3 or Section 6, as the case may be, the date on which the Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi) either the date indicated in the Notice of Termination or the date specified by with the Company pursuant to Section 3(b), whichever is earlieractually terminates.

Date of Termination. “Date of Termination” " shall mean (i) if in the case of the Executive’s employment is terminated by Executive’s 's death, his date of death, and in all other cases, the date a notice of Executive’s death; or (ii) if Executive’s employment termination is terminated delivered to the other party. If the Company does not provide a notice of termination to the Executive with respect to a termination pursuant to Section 3(a)(ii) – (vi) either section 3.3 of this Agreement, the Date of Termination in such case shall be the date indicated in on which the Notice of Termination or the date specified by Executive's employment with the Company pursuant to Section 3(b), whichever is earlierterminated.

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier; (iii) if Executive’s employment is terminated pursuant to Section 3(a)(vii) or Section 3(a)(viii), the expiration of the then-applicable Term.

Date of Termination. The “Date of Termination” shall mean (i) if the Executive’s employment is terminated by Executive’s his death, the date of Executive’s his death; or , (ii) if the Executive’s employment is terminated pursuant to Section 3(a)(iisubsection (b) – or (vic) either the date indicated in above, upon delivery of the Notice of Termination or unless otherwise specified in such notice, and (iii) if the Executive’s employment is terminated for any other reason, the date specified by thirty (30) days following the Company pursuant to Section 3(b), whichever date on which a Notice of Termination is earliergiven.

Date of Termination. The “Date of Termination” shall mean (i) if the Executive’s employment is terminated by Executive’s his death, the date of Executive’s his death; or , (ii) if the Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi) either Disability or for Cause, the date indicated in of delivery of the Notice of Termination or unless otherwise specified in such notice, (iii) the applicable Term Date if termination is due to a notice of non-renewal, and (iv) if the Executive’s employment is terminated for any other reason the date specified by the Company pursuant to Section 3(b), whichever is earlierExecutive ceases performing services as an employee of the Company.

Date of Termination. “The "Date of Termination” " shall mean mean: (i) if the Executive’s 's employment is terminated by Executive’s his death, the date of Executive’s death; or , (ii) if the Executive’s 's employment is terminated pursuant to Section 3(a)(ii) – (vi) either the date indicated in the 5.2 above, 30 days after Notice of Termination or is given (provided that the Executive shall not have returned to the performance of his duties on a full time basis during such 30 day period), and (iii) if the Executive's employment is terminated for any reason, the date specified by the Company pursuant to Section 3(b), whichever on which a Notice of Termination is earliergiven.

Date of Termination. For purposes of this Agreement, “Date of Termination” shall mean mean: (i) if the Executive’s employment Employment is terminated by Executive’s his death, the date of Executive’s his death; , or (ii) if the Executive’s employment Employment is terminated pursuant to Section 3(a)(ii) – (vi) either any of the other terms set forth above, the date indicated specified in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlierTermination.

Date of Termination. “Date of Termination” shall mean (i) if the Executive’s employment is terminated by Executive’s his death, the date of Executive’s his death; or (ii) if the Executive’s employment is terminated due to his Disability, the date determined pursuant to Section 3(a)(ii6(d); or (iii) – (vi) either if the Executive’s employment is terminated by the Company or the Executive the date indicated specified in the Notice of Termination or the date specified by the Company pursuant to Section 3(b10(b), whichever is earlier.

Date of Termination. “Date of Termination” " shall mean mean: (i) the date of transmission of the Notice of Termination by facsimile, email or personal delivery, or (ii) three calendar days after the date of mailing by first class mail, or (iii) if Executive’s 's employment is terminated by reason of Executive’s 's death, the Date of Termination shall be the date of death of Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier.

Date of Termination. “Date The date of Termination” termination shall mean be: (ia) if the Executive’s employment is terminated by the Executive’s death, the date of the Executive’s death; or ; (iib) if the Executive’s employment is terminated by reason of Executive’s Disability or by the Corporation pursuant to Section 3(a)(iiSections 2.1(a) – (vi) either the date indicated in the Notice of Termination or 2.1(d), the date specified by the Company pursuant to Section 3(b)Corporation; and (c) if the Executive’s employment is terminated by the Executive, whichever is earlierthe date on which the Executive notifies the Corporation of her termination.

Date of Termination. “Date of Termination” " shall mean the earlier of (a) the "Expiration Date" (as defined in Section 2) and (b) if the Executive's employment is terminated (i) if Executive’s employment is terminated by Executive’s his death, the date of Executive’s his death; , or (ii) if Executive’s employment is terminated pursuant to the provisions of Section 3(a)(ii) – (vi) either 5.2 or Section 5.3, as the case may be, the date indicated in on which the Notice of Termination or the date specified by Executive's employment with the Company pursuant to Section 3(b), whichever is earlieractually terminates.

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – — (vi) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier.

Date of Termination. The term “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s his death, the date of Executive’s his death; or , (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi) either by Executive, a date which is at least 30 days following the date indicated in issuance of the Notice of Termination or and (iv) if Executive’s employment is terminated for any other reason, the effective date of termination specified by in such Notice of Termination. The Employment Period shall expire on the Company pursuant to Section 3(b), whichever is earlierDate of Termination.

Date of Termination. “Date of Termination” shall mean (i) if the Executive’s employment is terminated by Executive’s his death, the date of Executive’s his death; or (ii) if the Executive’s employment is terminated pursuant to Section 3(a)(ii) – (viv) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier; (iii) if the Executive’s employment is terminated pursuant to Section 3(a)(vi) or Section 3(a)(vii), the expiration of the then-applicable Term.

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s his death, the date of Executive’s his death; or , (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii6(b), thirty (30) – (vi) either the date indicated in the days after Notice of Termination or (provided that Executive shall not have returned to the substantial performance of his duties on a full-time basis during such thirty (30) day period), and (iii) if Executive’s employment is terminated for any other reason, the date specified by the Company pursuant to Section 3(b), whichever on which a Notice of Termination is earliergiven or any later date set forth in such Notice of Termination.

Date of Termination. “Date The date of Termination” termination shall mean be: (ia) if the Executive’s employment is terminated by the Executive’s death, the date of the Executive’s death; or ; (iib) if the Executive’s employment is terminated by reason of Executive’s Disability or by the Corporation pursuant to Section 3(a)(iiSections 2.1(a) – (vi) either the date indicated in the Notice of Termination or 2.1(d), the date specified by the Company pursuant to Section 3(b)Corporation; and (c) if the Executive’s employment is terminated by the Executive, whichever is earlierthe date on which the Executive notifies the Corporation of his termination.

Date of Termination. “Date of Termination” shall mean means (i) if the Executive’s employment is terminated other than by reason of death or Retirement, the end of the notice period specified in Section 3 hereof, or (ii) if the Executive’s employment is terminated by Executive’s reason of death, the Date of Termination shall be the date of death of the Executive’s death; , or (iiiii) if the Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi) either by reason of Retirement, the Date of Termination shall be the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlierRetirement.

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), after delivery by Executive of the Notice of Termination,whichever is earlier.

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or and (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi) either vii), the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlierTermination.

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s her death, the date of Executive’s her death; or , (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii6(b), thirty (30) – days after Notice of Termination, and (viiii) either if Executive’s employment is terminated for any other reason, the date indicated in the on which a Notice of Termination is given or any later date (within thirty (30) days after the date specified by the Company pursuant to Section 3(b), whichever is earliergiving of such notice) set forth in such Notice of Termination.

Date of Termination. “Date of Termination” shall mean mean: (i) I if the Executive’s employment is terminated by Executive’s deathhis death under Section 4(a), the date of Executive’s his death; or (ii) if the Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi) either otherwise terminated, the date indicated noted in the Notice of Termination Termination, subject to any applicable notice or the date specified by the Company pursuant to Section 3(b), whichever is earliercure periods.

Date of Termination. “Date of Termination” shall mean (i) if the Executive’s employment is terminated by Executive’s his death, the date of Executive’s his death; , or (ii) if the Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi) either any of the other terms set forth above, the date indicated specified in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlierTermination.

Date of Termination. “Date of Termination” " shall mean (i) if Executive’s 's employment is terminated by Executive’s his death, the date of Executive’s his death; or , (ii) if Executive’s 's employment is terminated pursuant to Section 3(a)(ii5(a)(2), thirty days after Notice of Termination is given (provided that the Executive shall not have returned to the performance of his duties on a full-time basis during such thirty (30) – day period), or (viiii) either if Executive's employment is terminated for any other reason, the date indicated in on which the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earliergiven.

Date of Termination. “Date of Termination” shall mean means (i) if the Executive’s employment is terminated other than by reason of death, the end of the notice period specified in Section 3 hereof, or (ii) if the Executive’s employment is terminated by Executive’s reason of death, the Date of Termination shall be the date of death of the Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier.

Date of Termination. “Date of Termination” " shall mean (i) if Executive’s 's employment is terminated by Executive’s his death, the date of Executive’s his death; or , (ii) if Executive’s 's employment is terminated pursuant to Section 3(a)(ii5(a)(2), ten (10) – days after Notice of Termination is given (viprovided that the Executive shall not have returned to the performance of his duties on a full-time basis during such ten (10) either day period), or (iii) if Executive's employment is terminated for any other reason, the date indicated in on which the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earliergiven.

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi) either the earlier of the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier.

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s his death, the date of Executive’s his death; or , (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii7(b), thirty (30) – days after Notice of Termination, and (viiii) either if Executive’s employment is terminated for any other reason, the date indicated in the on which a Notice of Termination is given or any later date (within thirty (30) days after the date specified by the Company pursuant to Section 3(b), whichever is earliergiving of such notice) set forth in such Notice of Termination.

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi) either ), the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlierTermination.

Date of Termination. “Date of Termination” shall mean mean: (i) if the Executive’s employment is terminated by the Executive’s death, the date of the Executive’s death; or (ii) if the Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi) either for any other reason, the date indicated specified in the Notice of Termination; provided, however, that, notwithstanding the foregoing, in the event that the Executive gives a Notice of Termination or to the date specified Company, the Company may unilaterally accelerate the Date of Termination and such acceleration shall not result in the termination being deemed a termination by the Company pursuant to Section 3(b), whichever is earlierCompany.

Date of Termination. “The "Date of Termination” " shall mean (i) if the Executive’s 's employment is terminated by Executive’s his death, the date of Executive’s his death; or , (ii) if the Executive’s 's employment is terminated pursuant to Section 3(a)(iisubsection (b) – or clause (viiii) either the date indicated in or (iv) of subsection (c) above, upon delivery of the Notice of Termination or unless otherwise specified in such notice, and (iii) if the Executive's employment is terminated for any other reason, the date specified by thirty (30) days following the Company pursuant to Section 3(b), whichever date on which a Notice of Termination is earliergiven.

Date of Termination. “Date The date of Termination” termination shall mean be: (ia) if the Executive’s 's employment is terminated by the Executive’s 's death, the date of the Executive’s 's death; or ; (iib) if the Executive’s 's employment is terminated by reason of Executive's Disability or by the Corporation pursuant to Section 3(a)(iiSections 2.1(a) – (vi) either the date indicated in the Notice of Termination or 2.1(d), the date specified by the Company pursuant to Section 3(b)Corporation; and (c) if the Executive's employment is terminated by the Executive, whichever is earlierthe date on which the Executive notifies the Corporation of [his/her] termination.

Date of Termination. For purposes of this Agreement, “Date of Termination” shall mean (i) if Executive’s employment is terminated by due to Executive’s death, the date of Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi) either terminates for any reason other than death, the date indicated specified in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlierTermination.

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi3(a)(vi) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier.

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi3(a)(ii)-(vi) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier.

Date of Termination. “Date of Termination” " shall mean the earlier of (a) the "Expiration Date" (as defined in Section 2) and (b) if the Executive's employment is terminated (i) if Executive’s employment is terminated by Executive’s his death, the date of Executive’s his death; , or (ii) if Executive’s employment is terminated pursuant to the provisions of Section 3(a)(ii) – (vi) either 5.2 or Section 5.3, as the case may be, the date indicated in on which the Notice of Termination or the date specified by Executive's employment with the Company pursuant to Section 3(b), whichever is earlierand any subsidiary actually terminates.

Date of Termination. The “Date of Termination” shall mean (ia) if the Executive’s employment is terminated by Executive’s his death, the date of Executive’s his death; or , (iib) if the Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi) either subsection 5.1.1 above, the date indicated set forth in the Notice of Termination, and (c) if the Executive’s employment is terminated pursuant to subsection 5.1.2 above, the date specified in the Notice of Termination or after the date specified by the Company pursuant to Section 3(b)expiration of any applicable cure periods, whichever is earlierif any.

Date of Termination. “Date of Termination” shall mean (i) if the Executive’s employment is terminated by Executive’s his death, the date of Executive’s his death; or (ii) if the Executive’s employment is terminated pursuant to Section 3(a)(ii) – — (vi) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier; (iii) if the Executive’s employment is terminated pursuant to Section 3(a)(vii) or Section 3(a)(viii), the expiration of the then-applicable Term.

Date of Termination. “Date of Termination” shall mean the earlier of (ia) the “Expiration Date” (as defined in Section 2) and (b) if the Executive’s employment is terminated (i) by Executive’s his death, the date of Executive’s his death; , or (ii) if pursuant to the provisions of Section 5.2 or Section 5.3, as the case may be, the date on which the Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi) either the date indicated in the Notice of Termination or the date specified by with the Company pursuant to Section 3(b), whichever is earlierand any subsidiary actually terminates.

Date of Termination. “Date of Termination” " shall mean (i) if the Executive’s 's employment is terminated by Executive’s his death, the date of Executive’s his death; or (ii) if the Executive’s 's employment is terminated pursuant to Section 3(a)(ii) – (vi3(a)(ii)-(v) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier; (iii) if the Executive's employment is terminated pursuant to Section 3(a)(vi) or Section 3(a)(vii), the expiration of the then-applicable Term.

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier.;

Date of Termination. “Date of Termination” shall mean (i) if the Executive’s employment is terminated by Executive’s his death, the date of Executive’s his death; or (ii) if the Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier.

Date of Termination. “Date of Termination” " shall mean if Executive's employment is terminated (i) if Executive’s employment is terminated by Executive’s his death, the date of Executive’s his death; or , (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii5(b), 30 days after the Notice of Termination is given (provided that Executive shall not have returned to the performance of his duties on a full-time basis during such 30 day period), (iii) – (vi) either pursuant to Section 5(c), the date indicated specified in the Notice of Termination or the date specified by the Company Termination, and (iv) pursuant to Section 3(b5(d), whichever 30 days after the Notice of Termination is earliergiven.

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii7(b), 30 days after Notice of Termination is given (provided that Executive shall not have returned to the performance of Executive’s duties on a full-time basis during such 30-day period); (iii) – (vi) either if Executive’s employment is terminated pursuant to Section 7(c), the date indicated specified in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier.Termination;

Date of Termination. “Date of Termination” " shall mean the earlier of (ia) the expiration of the Term, and (b) if Executive’s 's employment is otherwise terminated whether by Executive’s deathExecutive or by Pivotal or PHC, the date of on which Executive’s death; or (ii) if Executive’s 's employment is terminated pursuant to Section 3(a)(ii) – (vi) either the date indicated in the Notice of Termination or the date specified by with the Company pursuant to Section 3(b), whichever is earlieractually terminates.

Date of Termination. “Date of Termination” shall mean mean: (i) if the Executive’s employment is terminated by Executive’s his death, the date of Executive’s his death; or (ii) if the Executive’s ’ s employment is terminated pursuant to Section 3(a)(ii) – (vi) either the date indicated in the Notice on account of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier.disability under Section

Date of Termination. “Date of Termination” shall mean mean: (i) if the Executive’s employment is terminated by Executive’s his death, the date of Executive’s his death; or (ii) if the Executive’s employment is terminated pursuant to on account of disability under Section 3(a)(ii3(b) – (vi) either or by the Company for Cause under Section 3(c), the date indicated in the on which Notice of Termination or is given; (iii) if the date specified Executive’s employment is terminated by the Company pursuant to under Section 3(b3(d), whichever is earlier.the date of

Date of Termination. As used in this Agreement, the term “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi) either by the Company for Cause, the date indicated on which the Notice of Termination is given; and (iii) if Executive’s employment is terminated for any other reason, the date of termination set forth in the Notice of Termination or (which shall not be more than 30 days after the date specified by the Company pursuant to Section 3(bof such notice), whichever is earlier.

Date of Termination. “The Executive's Date of Termination” Termination shall mean be (i) if the date agreed upon in the mutual written agreement of the parties, (ii) in the case of the Executive’s employment is terminated by Executive’s 's death, the date of the Executive’s 's death; or , (ii) in the event of Executive's Disability, the last day the Executive worked at the Company or (iii) if the Executive’s 's employment is terminated pursuant to Section 3(a)(ii) – (vi) either for Cause, the date indicated in the on which a Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earliergiven.

Date of Termination. “Date of Termination” " shall mean (i) if Executive’s 's employment is terminated by Executive’s his death, the date of Executive’s his death; or , (ii) if Executive’s 's employment is terminated pursuant to Section 3(a)(ii) – (vi) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b6(b), whichever is earlier.,

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – (viSections 1(a)(ii)-(vi) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(bSection(b), whichever is earlier.

Date of Termination. “Date of Termination” shall mean mean: (i) if the Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or (ii) if the Executive’s employment is terminated pursuant to on account of disability under Section 3(a)(ii3(b) – (vi) either or by the Company for Cause under Section 3(c), the date indicated in the on which Notice of Termination or is given; (iii) if the date specified Executive’s employment is terminated by the Company pursuant to without Cause under Section 3(b3(d), whichever is earlier.thirty

Date of Termination. As used in this Agreement, the term “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi) either by Avatar for Cause, the date indicated on which the Notice of Termination is given; and (iii) if Executive’s employment is terminated for any other reason, the date of termination set forth in the Notice of Termination or (which shall not be more than 30 days after the date specified by the Company pursuant to Section 3(bof such notice), whichever is earlier.

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi) of this Agreement either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b)) of this Agreement, whichever is earlier.

Date of Termination. “Date of Termination” shall mean (ia) if Executive’s employment is terminated by Executive’s deaththe Company, the date of Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi) either the date indicated in the on which a Notice of Termination is given, or (b) if Executive terminates his employment constituting a Termination With Good Reason, the date specified by expiration of the thirty (30) day cure period without the Company pursuant to remedying the applicable condition described in Section 3(b), whichever is earlier3.2(d)(i) or ii.

Date of Termination. “Date of Termination” shall mean mean: (i) if the Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or (ii) if the Executive’s employment is terminated pursuant to by the Company under Section 3(a)(ii3(c) – (vi) either or 3(d), the date indicated the Notice of Termination is given, or the date otherwise specified by the Company in the Notice of Termination or Termination; (iii) if the Executive terminates their own employment under section 3(e), the date specified by on the Company pursuant to Section 3(b)Notice of Termination, whichever or three months from the date the Notice of Termination is earlierprovided.

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), in each case, whichever is earlier.

Date of Termination. “Date of Termination” shall mean (i) if the Executive’s employment is terminated by Executive’s his death, the date of Executive’s his death; or (ii) if the Executive’s employment is terminated pursuant to Section 3(a)(ii) – — (viv) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier; (iii) if the Executive’s employment is terminated pursuant to Section 3(a)(vi) or Section 3(a)(vii), the expiration of the then-applicable Term.

Date of Termination. “Date of Termination” " shall mean (i) if the Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or (ii) if Executive’s 's employment is terminated pursuant to Section 3(a)(iiSections 5(a)(i), (ii), (iv), (v) – or (vi) either ), or because of Retirement pursuant to Section 5(a)(iii), the date indicated specified in the Notice of Termination or Termination, and (ii) if the date specified by the Company Executive's employment is terminated because of death pursuant to Section 3(b5(a)(iii), whichever is earlierthen the date of such death.

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – - (vi) either the earlier of the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier.

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier; (iii) if Executive’s employment is terminated pursuant to Section 3(a)(vii), the expiration of the then-applicable Term.

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(iiSection3(a)(ii) – (vi) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier.

Date of Termination. “For purposes of this Agreement, the "Date of Termination” " shall mean (i) if the Executive’s 's employment is terminated by Executive’s his death, the date of Executive’s his death; or , (ii) if the Executive’s 's employment is terminated pursuant due to Section 3(a)(iiDisability, ten days after delivery to the Executive of the Notice of Termination, (iii) – in the case of non-renewal of the Term, at the expiration of the Term, and (viiv) either in any other case, the date indicated specified in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlierTermination.

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi3(a)(ii)–(vi) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier.

Date of Termination. “Date of Termination” " shall mean the earlier of (a) the "Completion Date" (as defined in Section 1.1(a)) and (b) if the Executive's service is terminated (i) if Executive’s employment is terminated by Executive’s his death, the date of Executive’s his death; , or (ii) if Executive’s employment is terminated pursuant to the provisions of Section 3(a)(ii) – (vi) either 2.2 or Section 2.3, as the case may be, the date indicated in on which the Notice of Termination or the date specified by Executive's service with the Company pursuant to Section 3(b), whichever is earlieractually terminates.

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi3(a)(ii)–(vi) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier, or (iii) if Executive’s employment expires as a result of a non-renewal as contemplated in Section 1(b) (Employment Term), the date of such expiration.

Date of Termination. “Date of Termination” " shall mean (i) if Executive’s 's employment is terminated by Executive’s 's death, the date of Executive’s 's death; or (ii) if Executive’s 's employment is terminated pursuant to Section 3(a)(ii3(a(ii)-(vi) – (vi) either the earlier of the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier.

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s his death, the date of Executive’s death; or , (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii6(b), thirty (30) – (vi) either the date indicated in the days after Notice of Termination or (provided that Executive shall not have returned to the substantial performance of his duties during such thirty (30) day period), and (iii) if Executive’s employment is terminated for any other reason, the date specified by the Company pursuant to Section 3(b), whichever on which a Notice of Termination is earliergiven or any later date set forth in such Notice of Termination.

Date of Termination. “Date of Termination” shall mean (i) if the Executive’s employment is terminated by Executive’s his death, the date of Executive’s his death; or (ii) if the Executive’s employment is terminated pursuant to Section 3(a)(ii) – through (vi) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier; (iii) if the Executive’s employment is terminated pursuant to Section 3(a)(vii) or Section 3(a)(viii), the expiration of the then-applicable Term.

Date of Termination. “For purposes of this Agreement, the "Date of Termination” " shall mean (i) if the Executive’s 's employment is terminated by Executive’s his death, the date of Executive’s his death; or , (ii) if the Executive’s 's employment is terminated pursuant due to Section 3(a)(iiDisability, ten days after delivery to the Executive of the Notice of Termination, (iii) – (vi) either if the Executive's employment is terminated due to his resignation, on the date indicated of such resignation, and (iv) in any other case, the date specified in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlierTermination.

Date of Termination. “Date of Termination” " shall mean (i) if Executive’s 's employment is terminated by Executive’s his death, the date of Executive’s his death; or , (ii) if Executive’s 's employment is terminated pursuant to Section 3(a)(ii5(b), thirty (30) – (vi) either the date indicated in the days after Notice of Termination or (provided that Executive shall not have returned to the date specified by the Company pursuant to Section 3(b)substantial performance of his duties on a full-time basis during such thirty (30) day period) and (iii) if Executive's employment is terminated for any other reason, whichever is earlierupon thirty (30) days written notice.

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – –(vi) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier.

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi3(a)(ii)—(vi) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier; (iii) if Executive’s employment is terminated pursuant to Section 3(a)(vii) or Section 3(a)(viii), the expiration of the then-applicable Term.

Date of Termination. For purposes of this Article IV, “Date of Termination” shall mean (ia) if Executive’s employment is terminated by Executive’s deaththe Company, the date on which a Notice of Termination is given, or (b) if Executive terminates his employment pursuant to Section 4.2(d), the date of Executive’s death; or termination or, if applicable, the expiration of the thirty (ii30) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi) either the date indicated in the Notice of Termination or the date specified by day cure period without the Company pursuant remedying the applicable condition described in Section 4.2(d)(i) to Section 3(b(iii), whichever is earlier.

Date of Termination. “Date of Termination” " shall mean (i) if the Executive’s 's employment is terminated by Executive’s his death, the date of Executive’s his death; or , (ii) if the applicable Term expires because either party hereto has provided the other party hereto notice of its desire not to extend the Term, in accordance with Section 2 hereof or (iii) if the Executive’s 's employment is terminated pursuant to Section 3(a)(ii) – (vi) either for any other reason, the date indicated specified in the Notice of Termination or Termination, subject to compliance with the date specified by the Company pursuant to Section 3(b), whichever is earlierterms and conditions of this Agreement.

Date of Termination. “Date of Termination” " shall mean (i) if the Executive’s 's employment is terminated by Executive’s his death, the date of Executive’s his death; or , (ii) if the Executive’s 's employment is terminated pursuant to Section 3(a)(ii) – (vi) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlierthirty (30) days after Notice of Termination.

Date of Termination. “Date of Termination” shall mean (i) if Executive’s employment is terminated by Executive’s death, the date of Executive’s death; or (ii) if Executive’s employment is terminated pursuant to Section 3(a)(ii) – (vi) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier.. US-DOCS\110222662.2

Date of Termination. “Date of Termination” " shall mean (i) if Executive’s 's employment is terminated by Executive’s his death, the date of Executive’s his death; or , (ii) if Executive’s 's employment is terminated pursuant to Section 3(a)(ii6(b), thirty (30) – days after Notice of Termination, and (viiii) either if Executive's employment is terminated for any other reason, the date indicated in the on which a Notice of Termination is given or any later date (within thirty (30) days after the date specified by the Company pursuant to Section 3(b), whichever is earliergiving of such notice) set forth in such Notice of Termination.

Date of Termination. “Date of Termination” shall mean (i) if the Executive’s 's employment is terminated by Executive’s his death, the date of Executive’s his death; or (ii) if the Executive’s 's employment is terminated pursuant to Section 3(a)(ii) – - (viv) either the date indicated in the Notice of Termination or the date specified by the Company pursuant to Section 3(b), whichever is earlier; (iii) if the Executive's employment is terminated pursuant to Section 3(a)(vi) or Section 3(a)(vii), the expiration of the then-applicable Term.