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

Death, Total Disability or Retirement. (i) This agreement shall automatically terminate upon the death, total disability, or retirement of Employee. (ii) Total disability shall be deemed to occur if, as a result of his incapacity resulting from physical or mental illness or disease (including alcohol or other substance addiction), which is likely to be permanent, Employee shall have been unable to perform his duties hereunder for a period of more than 120 consecutive days during any twelve month period. The Board of Directors (or its compensation committee if so delegated by the Board) will determine if Employee's termination is due to total and permanent disability according to any long-term disability plan then in effect for executives of T-NETIX, and otherwise in good faith consistent with generally prevailing practices of employers of like-size and industry type in the general geographic location. (iii) Upon termination for Employee's total disability, T-NETIX shall continue Employee's participation in all T-NETIX Benefit Plans in accordance with the provisions set forth in the Long Term Disability Plan and COBRA administration plan (if such plans are then in existence). (iv) Upon termination for Employee's retirement at any time after Employee reaches the age of 65, Employee's rights to compensation and participation in T-NETIX Benefit Plans shall end and Employee shall not be entitled to a severance/separation payment. (v) Following any termination pursuant to this Section 5(a), Employee, Employee's heirs, administrators, executors or legal representatives, as applicable, shall have a period of one year from the date this Agreement is so terminated to exercise any vested options previously granted to Employee. All previously granted Options shall continue to vest during such one-year period in accordance with the vesting schedule included as part of the grant of the applicable Options.

Death, Total Disability or Retirement. (i) This agreement shall automatically terminate upon the death, total disability, or retirement of Employee. (ii) Total disability shall be deemed to occur if, as a result of his incapacity resulting from physical or mental illness or disease (including alcohol or other substance addiction), which is likely to be permanent, Employee shall have been unable to perform his duties hereunder for a period of more than 120 consecutive days during any twelve month period. The Board of Directors (or its compensation committee if so delegated by the Board) will determine if Employee's ’s termination is due to total and permanent disability according to any long-term disability plan then in effect for executives of T-NETIXADT, and otherwise in good faith consistent with generally prevailing practices of employers of like-size and industry type in the general geographic location. (iii) Upon termination for Employee's total disability’s death, T-NETIX ADT shall continue to pay Employee's participation ’s salary to a legal representative previously designated in all T-NETIX Benefit Plans writing by Employee (the “Legal Representative”), or if no such designation has been made, to Employee’s estate, for a period of the greater of twelve months or the remaining term of this Agreement in accordance with the provisions set forth in the Long Term Disability Plan and COBRA administration plan (if such plans are then in existence)monthly increments. (iv) Upon termination for Employee's ’s total disability, ADT shall continue to pay Employee’s salary to the Legal Representative (or if no designation has been made, to Employee or Employee’s other legal representative). (v) Upon termination for Employee’s retirement at any time after Employee reaches the age of 6567, Employee's ’s rights to compensation and participation in T-NETIX ADT Benefit Plans shall end and Employee shall not be entitled to a severance/separation payment. (vvi) Following any termination pursuant to this Section 5(a), Employee, Employee's ’s heirs, administrators, executors or legal representatives, as applicable, shall have a period of one year from the date this Agreement is so terminated to exercise any vested options previously granted to Employee. All previously granted Options shall continue to vest during such one-year period in accordance with the vesting schedule included as part of the grant of the applicable Options.

Death, Total Disability or Retirement. (i) This agreement shall automatically terminate upon the death, total disability, or retirement of Employee. (ii) Total disability shall be deemed to occur if, as a result of his incapacity resulting from physical or mental illness or disease (including alcohol or other substance addiction), which is likely to be permanent, Employee shall have been unable to perform his duties hereunder for a period of more than 120 consecutive days during any twelve month period. The Board of Directors (or its compensation committee if so delegated by the Board) will determine if Employee's termination is due to total and permanent disability according to any long-term disability plan then in effect for executives of T-NETIX, and otherwise in good faith consistent with generally prevailing practices of employers of like-size and industry type in the general geographic location. (iii) Upon termination for Employee's death, T-NETIX shall continue to pay Employee's salary to a legal representative previously designated in writing by Employee (the "Legal Representative"), or if no such designation has been made, to Employee's estate, for a period of the greater of twelve months or the remaining term of this Agreement in monthly increments. (iv) Upon termination for Employee's total disability, T-NETIX shall continue to pay Employee's salary to the Legal Representative (or if no designation has been made, to Employee or Employee's other legal representative) and shall continue Employee's participation in all T-NETIX Benefit Plans for a period of the greater of twelve months or the remaining term of this Agreement in accordance with the provisions set forth in the Long Term Disability Plan and COBRA administration plan (if such plans are then in existence)monthly increments. (ivv) Upon termination for Employee's retirement at any time after Employee reaches the age of 65, Employee's rights to compensation and participation in T-NETIX Benefit Plans shall end and Employee shall not be entitled to a severance/separation payment. (vvi) Following any termination pursuant to this Section 5(a), Employee, Employee's heirs, administrators, executors or legal representatives, as applicable, shall have a period of one year from the date this Agreement is so terminated to exercise any vested options previously granted to Employee, unless the option agreements provide otherwise. All previously granted Options shall continue to vest during such one-year period in accordance with the vesting schedule included as part of the grant of the applicable Options.

Death, Total Disability or Retirement. (i) This agreement shall automatically terminate upon the death, total disability, or retirement of Employee. (ii) Total disability shall be deemed to occur if, as a result of his incapacity resulting from physical or mental illness or disease (including alcohol or other substance addiction), which is likely to be permanent, Employee shall have been unable to perform his duties hereunder for a period of more than 120 consecutive days during any twelve month period. The Board of Directors (or its compensation committee if so delegated by the Board) will determine if Employee's termination is due to total and permanent disability according to any long-term disability plan then in effect for executives of T-NETIX, and otherwise in good faith consistent with generally prevailing practices of employers of like-size and industry type in the general geographic location. (iii) Upon termination for Employee's death, T-NETIX shall continue to pay Employee's salary to a legal representative previously designated in writing by Employee (the "Legal Representative"), or if no such designation has been made, to Employee's estate, for a period of the greater of twelve months or the remaining term of this Agreement in monthly increments. (iv) Upon termination for Employee's total disability, T-NETIX shall continue to pay Employee's salary to the Legal Representative (or if no designation has been made, to Employee or Employee's other legal representative) and shall continue Employee's participation in all T-NETIX Benefit Plans for a period of the greater of twelve months or the remaining term of this Agreement in accordance with the provisions set forth in the Long Term Disability Plan and COBRA administration plan (if such plans are then in existence)monthly increments. (ivv) Upon termination for Employee's retirement at any time after Employee reaches the age of 65, Employee's rights to compensation and participation in T-NETIX Benefit Plans shall end and Employee shall not be entitled to a severance/separation payment. (vvi) Following any termination pursuant to this Section 5(a), Employee, Employee's heirs, administrators, executors or legal representatives, as applicable, shall have a period of one year from the date this Agreement is so terminated to exercise any vested options previously granted to Employee. All previously granted Options shall continue to vest during such one-year period in accordance with the vesting schedule included as part of the grant of the applicable Options.

Death, Total Disability or Retirement. (i) This agreement shall automatically terminate upon the death, total disability, or retirement of Employee. (ii) Total disability shall be deemed to occur if, as a result of his incapacity resulting from physical or mental illness or disease (including alcohol or other substance addiction), which is likely to be permanent, Employee shall have been unable to perform his duties hereunder for a period of more than 120 consecutive days during any twelve month period. The Board of Directors (or its compensation committee if so delegated by the Board) will determine if Employee's ’s termination is due to total and permanent disability according to any long-term disability plan then in effect for executives of T-NETIXAMT, and otherwise in good faith consistent with generally prevailing practices of employers of like-size and industry type in the general geographic location. (iii) Upon termination for Employee's total disability’s death, T-NETIX AMT shall continue within sixty (60) days pay in one lump sum to a legal representative previously designated in writing by Employee (the “Legal Representative”), or if no such designation has been made, to Employee's participation ’s estate, the lesser of twelve months’ salary or the amount otherwise due to Employee in all T-NETIX Benefit Plans in accordance with base salary for the provisions set forth in remaining term of this Agreement, subject to the Long Term Disability Plan and COBRA administration plan (if such plans are then in existence)Employee’s signing a general release of any claims against AMT, known or unknown. (iv) Upon termination for Employee's ’s total disability, AMT within sixty (60) days shall pay in one lump sum to the Legal Representative (or if no designation has been made, to Employee or Employee’s other legal representative) the lesser of twelve months’ salary or the amount otherwise due to Employee in base salary for the remaining term of this Agreement, subject to the Employee’s signing a general release of any claims against AMT, known or unknown. (v) Upon termination for Employee’s retirement at any time after Employee reaches the age of 6567, Employee's ’s rights to compensation and participation in T-NETIX AMT Benefit Plans shall end and Employee shall not be entitled to a severance/separation payment. (vvi) Following any termination pursuant to this Section 5(a), Employee, Employee's ’s heirs, administrators, executors or legal representatives, as applicable, shall have a period of one year from the date this Agreement is so terminated to exercise any vested options previously granted to Employee. All previously granted Options shall continue to vest during such one-year period in accordance with the vesting schedule included as part of the grant of the applicable Options.

Death, Total Disability or Retirement. (i) This agreement shall automatically terminate upon the death, total disability, or retirement of Employee. (ii) Total disability shall be deemed to occur if, as a result of his incapacity resulting from physical or mental illness or disease (including alcohol or other substance addiction), which is likely to be permanent, Employee shall have been unable to perform his duties hereunder for a period of more than 120 consecutive days during any twelve month period. The Board of Directors (or its compensation committee if so delegated by the Board) CEO will determine if Employee's termination is due to total and permanent disability according to any long-term disability plan then in effect for executives of T-NETIX, and otherwise in good faith consistent with generally prevailing practices of employers of like-size and industry type in the general geographic locationemployers. (iii) Upon termination for Employee's death, T-NETIX shall continue to pay Employee's salary to a legal representative previously designated in writing by Employee (the "Legal Representative"), or if no such designation has been made, to Employee's estate, for the remaining term of this Agreement in bi-weekly increments. (iv) Upon termination for Employee's total disability, T-NETIX shall continue to pay Employee's salary to the Legal Representative (or if no designation has been made, to Employee or Employee's other legal representative) and shall continue Employee's participation in all T-NETIX Benefit Plans Plans, for a period of the greater of twelve months or the remaining term of this Agreement in accordance with the provisions set forth in the Long Term Disability Plan and COBRA administration plan (if such plans are then in existence)monthly increments. (ivv) Upon termination for Employee's retirement at any time after Employee reaches the age of 65, Employee's rights to compensation and participation in T-NETIX Benefit Plans shall end and Employee shall not be entitled to a severance/separation paymentcontinuation of salary. (vvi) Following any termination pursuant to this Section section 5(a), the Legal Representative or Employee, Employee's heirs, administratorsadministrator, executors or legal representativesexecutor, as applicable, shall have a period of one year from the date this Agreement is so terminated to exercise any vested options previously granted to Employee. All previously granted Options shall continue to vest during such one-year period in accordance with the vesting schedule included as part of the grant of the applicable Options.