Common use of Definition of Termination of Service Clause in Contracts

Definition of Termination of Service. For purposes of this Agreement, “Termination of Service” means the time when the service relationship (whether as an Employee, Director or a consultant) between Participant and the Company or any Subsidiary is terminated for any reason, with or without cause, including, but not by way of limitation, a termination by resignation, discharge, death or Disability; but excluding (i) a termination where there is a simultaneous reemployment or continuing employment or consultancy of Participant by the Company or any Subsidiary or a “parent corporation” of the Company (within the meaning of Section 424 of the Code), (ii) at the discretion of the Committee, a termination which results in a temporary severance of the employee-employer relationship, and (iii) at the discretion of the Committee, a termination which is followed by the simultaneous establishment of a consulting relationship by the Company or a Subsidiary with a former Employee. The Committee, in its absolute discretion, shall determine the effect of all matters and questions relating to Termination of Service for the purposes of this Agreement, and all questions of whether a particular leave of absence for a Participant who is an Employee of the Company or any of its Subsidiaries constitutes a Termination of Service. Notwithstanding any other provision of the Plan or this Agreement, the Company or any Subsidiary has an absolute and unrestricted right to terminate Participant’s employment and/or consultancy at any time for any reason whatsoever, with or without cause, except to the extent expressly provided otherwise in a written agreement between the Company or a Subsidiary and Participant.

Definition of Termination of Service. For purposes of this Agreement, “Termination of Service” means the time when the service relationship (whether as an Employee, Director member of the Board or a consultant) between Participant and the Company or any Subsidiary is terminated for any reason, with or without cause, including, but not by way of limitation, a termination by resignation, discharge, death or Form Effective 06.17.09 Disability; but excluding (ia) a termination where there is a simultaneous reemployment or continuing employment or consultancy of Participant by the Company or any Subsidiary or a “parent corporation” of the Company (within the meaning of Section 424 of the Code), (iib) at the discretion of the Committee, a termination which results in a temporary severance of the employee-employer relationship, and (iiic) at the discretion of the Committee, a termination which is followed by the simultaneous establishment of a consulting relationship by the Company or a Subsidiary with a former Employee. The Committee, in its absolute discretion, shall determine the effect of all matters and questions relating to Termination of Service for the purposes of this Agreement, and all questions of whether a particular leave of absence for a Participant who is an Employee of the Company or any of its Subsidiaries constitutes a Termination of Service. Notwithstanding any other provision of the Plan or this Agreement, the Company or any Subsidiary has an absolute and unrestricted right to terminate Participant’s employment and/or consultancy at any time for any reason whatsoever, with or without cause, except to the extent expressly provided otherwise in a written agreement between the Company or a Subsidiary and Participant.

Definition of Termination of Service. For purposes of this Agreement, “Termination of Service” means " shall mean the time when the service relationship (whether as an Employee, Director a member of the Board or a consultant) between Participant and the Company or any Subsidiary is terminated for any reason, with or without causeCause, including, but not by way of limitation, a termination by resignation, discharge, death or Disability; but excluding (ia) a termination where there is a simultaneous reemployment or continuing employment or consultancy of Participant by the Company or any Subsidiary or a “parent corporation” of the Company corporation thereof (within the meaning of Section 424 422 of the Code), (iib) at the discretion of the Committee, a termination which results in a temporary severance of the employee-employer relationship, and (iiic) at the discretion of the Committee, a termination which is followed by the simultaneous establishment of a consulting relationship by the Company or a Subsidiary with a the former Employee. The Committee, in its absolute discretion, shall determine the effect of all matters and questions relating to Termination of Service for the purposes of this Agreement, including, but not by way of limitation, the question of whether, for Participants who are Employees of the Company or any of its Subsidiaries, a Termination of Service resulted from a discharge for Cause, and all questions of whether a particular leave leaves of absence for a Participant Participants who is an Employee are Employees of the Company or any of its Subsidiaries constitutes a Termination constitute Terminations of Service. Notwithstanding any other provision of the Plan or this Agreement, the Company or any Subsidiary has an absolute and unrestricted right to terminate Participant’s 's employment and/or consultancy at any time for any reason whatsoever, with or without causeCause, except to the extent expressly provided otherwise in a written agreement between the Company or a Subsidiary and Participant.