Common use of Death, Disability or Retirement of Grantee Clause in Contracts

Death, Disability or Retirement of Grantee. If a Grantee shall die while engaged as a Service Provider, or within the ninety (90) days after the date of termination of such, (or within such different period as the Committee may have provided pursuant to Section 6.7 hereof), or if the Grantee's engagement as a Service Provider shall terminate by reason of Disability, all Options theretofore granted to such Grantee may (to the extent otherwise vested and exercisable and unless earlier terminated in accordance with their terms), be exercised by the Grantee or by the Grantee's estate or by a person who acquired the right to exercise such Options by bequest or inheritance or otherwise by result of death or Disability of the Grantee, at any time within one (1) year after the death or Disability of the Grantee (or such different period as the Committee shall prescribe which may cause an Incentive Stock Option to become a Nonqualified Stock Option as described below). In the event that an Option granted hereunder shall be exercised by the legal representatives of a deceased or former Grantee, written notice of such exercise shall be accompanied by a certified copy of letters testamentary or equivalent proof of the right of such legal representative to exercise such Option. In the event that the employment or service of a Grantee shall terminate on account of such Grantee's Retirement, all Options of such Grantee that are exercisable at the time of such Retirement may, unless earlier terminated in accordance with their terms, be exercised at any time within the ninety (90) day period after the date of such Retirement (or such different period as the Committee shall prescribe which may cause an Incentive Stock Option to become a Nonqualified Stock Option as described below). Incentive Stock Options shall lose their status as Incentive Stock Options under applicable law and be deemed Nonqualified Stock Options in the event that they are exercised more than one (1) year from Disability or more than ninety (90) days after Retirement.

Death, Disability or Retirement of Grantee. 6.7.1. If a Grantee shall die while engaged as a Service Provideremployed by, or performing service for, the Company or its Affiliates, or within the ninety three (903) days month period (or such longer period of time as determined by the Board, in its discretion) after the date of termination of such, such Grantee's employment or service (or within such different period as the Committee may have provided pursuant to Section 6.7 ‎6.6 hereof), or if the Grantee's engagement as a Service Provider employment or service shall terminate by reason of Disability, all Options Awards theretofore granted to such Grantee may (to the extent otherwise vested and exercisable and unless earlier terminated in accordance with their terms), ) be exercised by the Grantee or by the Grantee's estate or by a person who acquired the legal right to exercise such Options Awards by bequest or inheritance inheritance, or otherwise by result a person who acquired the legal right to exercise such Awards in accordance with Applicable Law in the case of death or Disability of the Grantee, as the case may be, at any time within one (1) year (or such longer period of time as determined by the Board, in its discretion) after the death or Disability of the Grantee (or such different period as the Committee shall prescribe which may cause an Incentive Stock Option prescribe), but in any event no later than the date of expiration of the Award’s term as set forth in the Award Agreement or pursuant to become a Nonqualified Stock Option as described below)this Plan. In the event that an Option Award granted hereunder shall be exercised as set forth above by any person other than the legal representatives of a deceased or former Grantee, written notice of such exercise shall be accompanied by a certified copy of letters testamentary or equivalent proof satisfactory to the Committee of the right of such legal representative person to exercise such OptionAward. 6.7.2. In the event that the employment or service of a Grantee shall terminate on account of such GranteeXxxxxxx's Retirement, all Options Awards of such Grantee that are exercisable at the time of such Retirement may, unless earlier terminated in accordance with their terms, be exercised at any time within the ninety three (903) day month period after the date of such Retirement (or such different period as the Committee shall prescribe which may cause an Incentive Stock Option to become a Nonqualified Stock Option as described belowprescribe). Incentive Stock Options shall lose their status as Incentive Stock Options under applicable law and be deemed Nonqualified Stock Options in the event that they are exercised more than one (1) year from Disability or more than ninety (90) days after Retirement.

Death, Disability or Retirement of Grantee. If a Grantee shall die while engaged as employed by, or performing service for, the Company or a Service ProviderSubsidiary, or within the ninety three (903) days month period after the date of termination of such, such Grantee's employment or service (or within such different period as the Committee may have provided pursuant to Section 6.7 6.6 hereof), or if the Grantee's engagement as a Service Provider employment or service shall terminate by reason of Disability, (i) with respect to any Grantee who is a member of the Board of Directors, 25% of the Shares covered by the then unvested Options theretofore granted to such Grantee shall automatically become vested, and (ii) with respect to any Grantee, all Options theretofore granted to such Grantee may (to the extent otherwise vested and exercisable (including Options automatically vested pursuant to (i) above and unless earlier terminated in accordance with their terms), be exercised by the Grantee or by the Grantee's estate or by a person who acquired the right to exercise such Options by bequest or inheritance or otherwise by result of death or Disability of the Grantee, at any time within one (1) year after the death or Disability of the Grantee (or such different period as the Committee shall prescribe which may cause an Incentive Stock Option to become a Nonqualified Stock Option as described belowprescribe). In the event that an Option granted hereunder shall be exercised by the legal representatives of a deceased or former Grantee, written notice of such exercise shall be accompanied by a certified copy of letters testamentary or equivalent proof of the right of such legal representative to exercise such Option. In the event that the employment or service of a Grantee shall terminate on account of such GranteeXxxxxxx's Retirement, all Options of such Grantee that are exercisable at the time of such Retirement may, unless earlier terminated in accordance with their terms, be exercised at any time within the ninety three (903) day month period after the date of such Retirement (or such different period as the Committee shall prescribe which may cause an Incentive Stock Option to become a Nonqualified Stock Option as described belowprescribe). Incentive Stock Options shall lose their status as Incentive Stock Options under applicable law and be deemed Nonqualified Stock Options in the event that they are exercised more than one (1) year from Disability or more than ninety (90) days after Retirement.

Death, Disability or Retirement of Grantee. 6.7.1. If a Grantee shall die while engaged as a Service Provideremployed by, or performing service for, the Company or its Affiliates, or within the ninety three (903) days month period (or such longer period of time as determined by the Board, in its discretion) after the date of termination of such, such Grantee's employment or service (or within such different period as the Committee may have provided pursuant to Section 6.7 ‎6.6 hereof), or if the Grantee's engagement as a Service Provider employment or service shall terminate by reason of Disability, all Options Awards theretofore granted to such Grantee may (to the extent otherwise vested and exercisable and unless earlier terminated in accordance with their terms), ) be exercised by the Grantee or by the Grantee's estate or by a person who acquired the legal right to exercise such Options Awards by bequest or inheritance inheritance, or otherwise by result a person who acquired the legal right to exercise such Awards in accordance with applicable law in the case of death or Disability of the Grantee, as the case may be, at any time within one (1) year (or such longer period of time as determined by the Committee, in its discretion) after the death or Disability of the Grantee (or such different period as the Committee shall prescribe which may cause an Incentive Stock Option prescribe), but in any event no later than the date of expiration of the Award’s term as set forth in the Award Agreement or pursuant to become a Nonqualified Stock Option as described below)this Plan. In the event that an Option Award granted hereunder shall be exercised as set forth above by any person other than the legal representatives of a deceased or former Grantee, written notice of such exercise shall be accompanied by a certified copy of letters testamentary or equivalent proof satisfactory to the Committee of the right of such legal representative person to exercise such OptionAward. 6.7.2. In the event that the employment or service of a Grantee shall terminate on account of such GranteeXxxxxxx's Retirement, all Options Awards of such Grantee that are exercisable at the time of such Retirement may, unless earlier terminated in accordance with their terms, be exercised at any time within the ninety three (903) day month period after the date of such Retirement (or such different period as the Committee shall prescribe which may cause an Incentive Stock Option to become a Nonqualified Stock Option as described belowprescribe). Incentive Stock Options shall lose their status as Incentive Stock Options under applicable law and be deemed Nonqualified Stock Options in the event that they are exercised more than one (1) year from Disability or more than ninety (90) days after Retirement.

Death, Disability or Retirement of Grantee. If a Grantee shall die while engaged as employed by, or maintaining a Service ProviderDirector, Office Holder, service provider or Consultant relationship with, the Company or an Affiliated Company, or within the ninety (90) days after the date of termination of suchsuch Xxxxxxx's employment or Director, Office Holder, service provider or Consultant relationship (or within such different period as the Committee may have provided pursuant to Section 6.7 ‎6.6 hereof), or if the Grantee's engagement as a Service Provider employment or Director, Office Holder, service provider or Consultant relationship shall terminate by reason of Disability, all Options theretofore granted to such Grantee may (to the extent otherwise vested and exercisable and exercisable) may, unless earlier terminated in accordance with their terms), be exercised by the Grantee Grantee, or by the Grantee's estate estate, or by a person who acquired the right to exercise such Options by bequest or inheritance or otherwise by result of death or Disability of the Grantee, at any time within one (1) year twelve months after the death or Disability of the Grantee (or such different period as the Committee shall prescribe which may cause an Incentive Stock Option to become a Nonqualified Stock Option as described belowprescribe). In the event that an Option granted hereunder shall be exercised by the legal representatives of a deceased or former Grantee, written notice of such exercise shall be accompanied by a certified copy of letters testamentary or equivalent proof of the right of such legal representative to exercise such Option. In the event that the employment or Director, Office Holder, service provider or Consultant relationship of a Grantee shall terminate on account of such GranteeXxxxxxx's Retirement, all Options of such Grantee that are vested and exercisable at the time of such Retirement may, unless earlier terminated in accordance with their terms, be exercised at any time within the ninety (90) day period days after the date of such Retirement (or such different period as the Committee shall prescribe which may cause an Incentive Stock Option to become a Nonqualified Stock Option as described belowprescribe). Incentive Stock Options shall lose their status as Incentive Stock Options under applicable law and be deemed Nonqualified Stock Options in the event that they are exercised more than one (1) year from Disability or more than ninety (90) days after Retirement.

Death, Disability or Retirement of Grantee. If a Grantee shall die while engaged as employed by, or performing service for, the Company or a Service ProviderSubsidiary, or within the ninety three (903) days month period after the date of termination of such, such Grantee's employment or service (or within such different period as the Committee may have provided pursuant to Section 6.7 ‎6.6 hereof), or if the Grantee's engagement as a Service Provider employment or service shall terminate by reason of Disability, (i) with respect to any Grantee who is a member of the Board of Directors, 25% of the Shares covered by the then unvested Options theretofore granted to such Grantee shall automatically become vested, and (ii) with respect to any Grantee, all Options theretofore granted to such Grantee may (to the extent otherwise vested and exercisable (including Options automatically vested pursuant to (i) above and unless earlier terminated in accordance with their terms), be exercised by the Grantee or by the Grantee's estate or by a person who acquired the right to exercise such Options by bequest or inheritance or otherwise by result of death or Disability of the Grantee, at any time within one (1) year after the death or Disability of the Grantee (or such different period as the Committee shall prescribe which may cause an Incentive Stock Option to become a Nonqualified Stock Option as described belowprescribe). In the event that an Option granted hereunder shall be exercised by the legal representatives of a deceased or former Grantee, written notice of such exercise shall be accompanied by a certified copy of letters testamentary or equivalent proof of the right of such legal representative to exercise such Option. In the event that the employment or service of a Grantee shall terminate on account of such GranteeXxxxxxx's Retirement, all Options of such Grantee that are exercisable at the time of such Retirement may, unless earlier terminated in accordance with their terms, be exercised at any time within the ninety three (903) day month period after the date of such Retirement (or such different period as the Committee shall prescribe which may cause an Incentive Stock Option to become a Nonqualified Stock Option as described belowprescribe). Incentive Stock Options shall lose their status as Incentive Stock Options under applicable law and be deemed Nonqualified Stock Options in the event that they are exercised more than one (1) year from Disability or more than ninety (90) days after Retirement.