Common use of Death and Permanent Disability Clause in Contracts

Death and Permanent Disability. Upon termination of Executive’s employment for the Company due to death or permanent disability during the Term, the employment relationship created pursuant to this Agreement will immediately terminate, the Term will end and amounts will only be payable under this Agreement as specified in this Section 8.B. Should Executive’s employment with the Company terminate by reason of Executive’s death or permanent disability during the Employment Period, Executive shall be entitled to receive: a. the unpaid Base Salary earned by Executive pursuant to Section 4.A for services rendered through the date of Executive’s death or permanent disability, as applicable, payable in accordance with the Company’s normal payroll practices for terminated salaried employees; b. reimbursement of all expenses for which Executive is entitled to be reimbursed pursuant to Section 6.A, payable in accordance with the Company’s normal reimbursement practices; c. the right to continue health care benefits under the Consolidated Omnibus Budget Reconciliation Act of 1986, as amended, at Executive’s cost, to the extent required and available by law and subject to the Company continuing to maintain a group health plan; d. any accrued but unpaid quarterly performance bonus or annual performance bonus pursuant to Section 4.B; provided that Executive was employed by the Company on the last day of the fiscal quarter or fiscal year to which such bonus relates as specified in Section 4.B, payable at such time as provided in Section 4.B; and e. the limited death, disability, and/or income continuation benefits provided under Section 6.B, if any, will be payable in accordance with the terms of the plans pursuant to which such limited death or disability benefits are provided. Compensation and benefits provided pursuant to Section 8.B.a. through e. are collectively referred to as the “Accrued Obligations.” If Executive’s death occurs after the end of a fiscal quarter or fiscal year, but before payment of the applicable bonus has been made, payment of the applicable bonus will be made to the Executive’s estate. For purposes of this Agreement, Executive will be deemed “permanently disabled” if Executive is so characterized pursuant to the terms of the Company’s disability policies or programs applicable to Executive from time to time, or if no such policy is applicable, if the Compensation Committee determines, in its sole discretion, that Executive is unable to perform the essential functions of Executive’s duties for physical or mental reasons for ninety (90) days in any twelve-month period.

Death and Permanent Disability. Upon termination of Executive’s employment for with the Company due to death or permanent disability during the Term, the employment relationship created pursuant to this Agreement will immediately terminate, the Term will end and amounts will only be payable under this Agreement as specified in this Section 8.B. Should Executive’s employment with the Company terminate by reason of Executive’s death or permanent disability during the Employment Period, Executive Executive, or Executive’s estate, shall be entitled to receive: a. the unpaid Base Salary earned by Executive pursuant to Section 4.A for services rendered through the date of Executive’s death or permanent disability, as applicable, payable in accordance with the Company’s normal payroll practices for terminated salaried employees; b. reimbursement of all expenses for which Executive is entitled to be reimbursed pursuant to Section 6.A6, payable in accordance with the Company’s normal reimbursement practices; c. the right to continue health care benefits under the Consolidated Omnibus Budget Reconciliation Act of 1986, as amended, at Executive’s costCOBRA or Executive subsidized, , to the extent required and available by law and subject to the Company continuing to maintain a group health plan; d. any accrued but unpaid quarterly performance bonus or annual performance bonus pursuant to Section 4.B; provided that Executive was employed by the Company on the last day of the fiscal quarter or fiscal year to which such bonus relates as specified in Section 4.B, payable at such time as provided in Section 4.B; and e. the limited death, disability, and/or income continuation benefits provided under Section 6.B6.C, if any, will be payable in accordance with the terms of the plans pursuant to which such limited death or disability benefits are provided. Compensation and benefits provided pursuant to Section 8.B.a. through e. are collectively referred to as the “Accrued Obligations.” If Executive’s death occurs after the end of a fiscal quarter or fiscal year, but before payment of any earned Performance Bonus, the applicable bonus has been made, payment of the applicable bonus payments will be made to the Executive’s estate. For purposes of this Agreement, Executive will be deemed “permanently disabled” if Executive is so characterized pursuant to the terms of the Company’s disability policies or programs applicable to Executive from time to time, or if no such policy is applicable, if the Compensation Committee determines, in its sole discretion, that Executive is unable to perform the essential functions of Executive’s duties for physical or mental reasons for ninety (90) days in any twelve-month period.

Death and Permanent Disability. Upon termination of Executive’s employment for with the Company due to death or permanent disability during the Term, the employment relationship created pursuant to this Agreement will immediately terminate, the Term will end and amounts will only be payable under this Agreement as specified in this Section 8.B. Should Executive’s employment with the Company terminate by reason of Executive’s death or permanent disability during the Employment PeriodTerm, Executive Executive, or Executive’s estate, shall be entitled to receive: a. the unpaid Base Salary earned by Executive pursuant to Section 4.A for services rendered through the date of Executive’s death or permanent disability, as applicable, payable in accordance with the Company’s normal payroll practices for terminated salaried employees; b. reimbursement of all expenses for which Executive is entitled to be reimbursed pursuant to Section 6.A6, payable in accordance with the Company’s normal reimbursement practices; c. the right to continue health care benefits under the Consolidated Omnibus Budget Reconciliation Act of 1986, as amended, at Executive’s costCOBRA or Executive subsidized, to the extent required and available by law and subject to the Company continuing to maintain a group health plan; d. any accrued but unpaid quarterly performance bonus or annual performance bonus pursuant to Section 4.B; provided that Executive was employed by the Company on the last day of the fiscal quarter or fiscal year to which such bonus relates as specified in Section 4.B, payable at such time as provided in Section 4.B; and e. the limited death, disability, and/or income continuation benefits provided under Section 6.B6.C, if any, will be payable in accordance with the terms of the plans pursuant to which such limited death or disability benefits are provided. Compensation and benefits provided pursuant to Section 8.B.a. through e. d. are collectively referred to as the “Accrued Obligations.” If Executive’s death occurs after the end of a fiscal quarter or fiscal year, but before payment of any earned Performance Bonus, the applicable bonus has been made, payment of the applicable bonus payments will be made to the Executive’s estate. For purposes of this Agreement, Executive will be deemed “permanently disabled” if Executive is so characterized pursuant to the terms of the Company’s disability policies or programs applicable to Executive from time to time, or if no such policy or program is applicable, if the Compensation Committee determines, in its sole discretion, that Executive is unable to perform the essential functions of Executive’s duties for physical or mental reasons for ninety (90) days in any twelve-month period.

Death and Permanent Disability. Upon termination of Executive’s employment for with the Company due to death or permanent disability during the Term, the employment relationship created pursuant to this Agreement will immediately terminate, the Term will end and amounts will only be payable under this Agreement as specified in this Section 8.B. Should Executive’s employment with the Company terminate by reason of Executive’s death or permanent disability during the Employment Period, Executive Executive, or Executive’s estate, shall be entitled to receive: a. the unpaid Base Salary earned by Executive pursuant to Section 4.A for services rendered through the date of Executive’s death or permanent disability, as applicable, payable in accordance with the Company’s normal payroll practices for terminated salaried employees; b. reimbursement of all expenses for which Executive is entitled to be reimbursed pursuant to Section 6.A, payable in accordance with the Company’s normal reimbursement practices; c. the right to continue health care benefits under the Consolidated Omnibus Budget Reconciliation Act of 1986, as amended, at Executive’s cost, to the extent required and available by law and subject to the Company continuing to maintain a group health plan; d. any accrued but unpaid quarterly performance bonus or annual performance bonus Performance Bonus pursuant to Section 4.B; provided that Executive was employed by the Company on the last day of the fiscal quarter or fiscal year to which such bonus relates Fiscal Half as specified in Section 4.B, payable at such time as provided in Section 4.B; e. any accrued but unpaid Monetization Incentive pursuant to Section 4.B, (whether related to the current or previous fiscal year) up to and including 90 days after the date of termination payable to Executive, or his heirs or Estate; and e. f. the limited death, disability, and/or income continuation benefits provided under Section 6.B, if any, will be payable in accordance with the terms of the plans pursuant to which such limited death or disability benefits are provided. Compensation and benefits provided pursuant to Section 8.B.a. through e. f., except for the payments related to the 90 days following the termination date, set forth in Section 8.B.e. above, are collectively referred to as the “Accrued Obligations.” If Executive’s death occurs after the end of a fiscal quarter or fiscal year, but before payment of any earned Performance Bonus or Monetization Incentive, the applicable bonus has been made, payment of the applicable bonus payments will be made to the Executive’s estate. For purposes of this Agreement, Executive will be deemed “permanently disabled” if Executive is so characterized pursuant to the terms of the Company’s disability policies or programs applicable to Executive from time to time, or if no such policy is applicable, if the Compensation Committee determines, in its sole discretion, that Executive is unable to perform the essential functions of Executive’s duties for physical or mental reasons for ninety (90) days in any twelve-month period.

Death and Permanent Disability. Upon termination of Executive’s employment for with the Company due to death or permanent disability during the Term, the employment relationship created pursuant to this Agreement will immediately terminate, the Term will end and amounts will only be payable under this Agreement as specified in this Section 8.B. Should Executive’s employment with the Company terminate by reason of Executive’s death or permanent disability during the Employment Period, Executive Executive, or Executive’s estate, shall be entitled to receive: a. the unpaid Base Salary earned by Executive pursuant to Section 4.A for services rendered through the date of Executive’s death or permanent disability, as applicable, payable in accordance with the Company’s normal payroll practices for terminated salaried employees; b. reimbursement of all expenses for which Executive is entitled to be reimbursed pursuant to Section 6.A6, payable in accordance with the Company’s normal reimbursement practices; c. the right to continue health care benefits under the Consolidated Omnibus Budget Reconciliation Act of 1986, as amended, at Executive’s costCOBRA or Executive subsidized, to the extent required and available by law and subject to the Company continuing to maintain a group health plan; d. any accrued but unpaid quarterly performance bonus or annual performance bonus pursuant to Section 4.B; provided that Executive was employed by the Company on the last day of the fiscal quarter or fiscal year to which such bonus relates as specified in Section 4.B, payable at such time as provided in Section 4.B; and e. the limited death, disability, and/or income continuation benefits provided under Section 6.B6.C, if any, will be payable in accordance with the terms of the plans pursuant to which such limited death or disability benefits are provided. Compensation and benefits provided pursuant to Section 8.B.a. through e. d. are collectively referred to as the “Accrued Obligations.” If Executive’s death occurs after the end of a fiscal quarter or fiscal year, but before payment of any earned Performance Bonus, the applicable bonus has been made, payment of the applicable bonus payments will be made to the Executive’s estate. For purposes of this Agreement, Executive will be deemed “permanently disabled” if Executive is so characterized pursuant to the terms of the Company’s disability policies or programs applicable to Executive from time to time, or if no such policy or program is applicable, if the Compensation Committee determines, in its sole discretion, that Executive is unable to perform the essential functions of Executive’s duties for physical or mental reasons for ninety (90) days in any twelve-month period.