During the Performance Period. Notwithstanding any provision hereof to the contrary, in the event of termination of Participant’s employment prior to the end of the Performance Period by reason of (i) death, (ii) Disability or (iii) unless otherwise determined by the Committee, Retirement, the Units shall not be forfeited and the Participant shall be vested in not less than a pro rata portion of the Units that become Earned Units at the expiration of the Performance Period, based on the number of days during the applicable Restriction Period during which the Participant was employed. Upon a Participant’s Retirement all unvested Earned Units shall be forfeited; provided however, that the Committee reserves the right to vest unvested Earned Units.
During the Performance Period. Notwithstanding any other provision of this Award Agreement, but subject to Paragraph 6(c), if your employment with the Company is terminated by reason of Disability or Retirement during the Performance Period, (i) the Earned RSUs in respected of your Performance RSUs will be determined on a pro-rata basis (based upon the number of whole or partial months you were employed during the Performance Period relative to 24) and (ii) when the Earned RSUs have been determined in accordance with Paragraph 6(a)(i) and Paragraph 2(b), the condition set forth in Paragraph 4(a) shall be waived with respect to any such Earned RSUs (as a result of which any such Earned RSUs shall vest and shares corresponding to the Earned RSUs shall be delivered to you as soon as practicable after the date of termination and after such documentation as may be requested by the Committee is provided to the Committee), but all other conditions of this Award Agreement shall continue to apply.
During the Performance Period. Notwithstanding any other provision of this Award Agreement, but subject to Paragraph 6(c):
During the Performance Period. The restrictions that (A) the Employee remain an employee of the Corporation until the last day of the Performance Period, unless the Employee’s cessation of employment was due to the Employee’s death, Disability, Retirement or termination of employment with the consent of the Corporation and (B) if the Corporation’s TSR is not less than Target as of the last day of the Performance Period. If the Employee terminates employment except for death, Disability, Retirement or termination of employment with the consent of the Corporation or if the TSR is less than Target, no shares will be earned. If the TSR is greater than Target, the Employee will earn the number of shares determined under paragraph 3(c) in three equal annual installments beginning as soon as administratively feasible after the Committee determines the Performance Level as described in paragraph 3(c) below.
During the Performance Period. In the event that the Participant incurs a Qualifying Termination prior to the completion of the Performance Period (including the last day thereof), the Performance Shares will vest in full as if the applicable Management Objectives had been met at “target” (as set forth in as set forth in Exhibit A hereto) and become nonforfeitable upon such Qualifying Termination .
During the Performance Period. If a Change of Control occurs prior to the completion of the Performance Period, the Performance Shares will vest in full and become nonforfeitable in an amount equal to the greater of the number of shares that would vest if (i) the applicable Management Objectives had been met at “target” (as set forth in Exhibit A hereto) or (ii) the actual achievement of the Management Objectives measured from the Measurement Commencement Date (as defined in in Exhibit A hereto) through the date of such Change of Control (determined by the Committee, in good faith, in accordance with Exhibit A).
During the Performance Period. (a) development of the Mines on the Site specified in Schedule-A, in accordance with the provisions of Schedule-B and Schedule-C, and conforming to the Specifications and Standards set forth in Schedule-D and the Mining Plan;
