Common use of Due to Death or Disability Clause in Contracts

Due to Death or Disability. If during the Term the Executive dies or the Company terminates the Executive’s employment on account of the Executive’s Disability (as defined below), the Executive, or the Executive’s legal representatives (as appropriate), shall be entitled to receive the following: (a) any unpaid Base Salary through the date of termination; (b) a pro rata bonus for the year of termination, calculated as the product of (x) “Severance Bonus Amount” and (y) a fraction, the numerator of which is the number of days in the current fiscal year through the date of termination and the denominator of which is 365, payable at the time that bonuses are paid after the Executive’s termination date, to similarly situated employees; and (c) any accrued but unused vacation pay; and (d) accrued benefits pursuant to the terms and conditions of the Company’s benefit plans and programs. The payments set forth in Section 5.3(a) and (c) shall be paid in a lump sum within ten (10) business days after the date of termination (unless an earlier date is prescribed by law) and with respect to 5.3(b), at such time that annual bonuses are paid after the Executive’s termination date to similarly situated employees.

Due to Death or Disability. If during the Employment Term the Executive dies or the Company terminates the Executive’s employment on account of the Executive’s Disability (as defined below), the Executive, or the Executive’s legal representatives (as appropriate), shall be entitled to receive the following: (a) any unpaid Base Salary through the date of termination; (b) a pro rata bonus for the year of termination, calculated as the product of (x) “Severance Bonus Amount” and (y) a fraction, the numerator of which is the number of days in the current fiscal year through the date of termination and the denominator of which is 365, payable at the time that bonuses are paid after the Executive’s termination date, to similarly situated employees; and (c) any accrued but unused vacation pay; and (d) accrued benefits pursuant to the terms and conditions of the Company’s benefit plans and programs. The payments set forth in Section 5.3(a) and (c) shall be paid in a lump sum within ten (10) business days after the date of termination (unless an earlier date is prescribed by law) and with respect to 5.3(b), at such time that annual bonuses are paid after the Executive’s termination date to similarly situated employees.