Common use of Effect of Death or Disability Clause in Contracts

Effect of Death or Disability. In the event that Executive dies or experiences a Disability (as defined in Section 7.10) during the Term of Employment, Executive shall be entitled to payment of his unpaid prorated Base Salary earned as of the date of Executive’s death or Disability (the “Measurement Date”) and a single cash lump-sum payment equal to the minimum bonus specified in this Agreement that otherwise would have been payable to Executive for Employer’s fiscal year in which the Measurement Date occurs multiplied by a fraction, the numerator of which is the number of days that have elapsed between the beginning of the fiscal year in which the Measurement Date occurs and the Measurement Date and the denominator of which is the number of days in the fiscal year in which the Measurement Date occurs. All legally required and authorized deductions and tax withholdings shall be made from the payments described in the previous sentence, including for wage garnishments, if applicable, to the extent required or permitted by law. Payment under this Section 7.5 shall be made not more than once, if at all.

Effect of Death or Disability. In the event that If Executive dies or experiences is terminated by Company upon his experiencing a Disability (as defined in Section 7.10) during the Term of EmploymentTerm, Executive shall be entitled to payment of his accrued and unpaid prorated Base Salary earned as of the date of Executive’s death or Disability (the “Measurement Date”) and ), a single cash lump-sum payment equal to the minimum bonus Bonus specified in Section 7.1(a)(ii) of this Agreement that otherwise would have been payable to Executive for Employer’s fiscal year in which the Measurement Date occurs multiplied by a fraction, the numerator of which is the number of days that have elapsed between the beginning of the fiscal year in which the Measurement Date occurs and the Measurement Date and the denominator of which is the number of days in the fiscal year in which the Measurement Date occurs. All The payments described in the previous sentence shall be subject to all legally required and authorized deductions and tax withholdings shall be made from the payments described in the previous sentencewithholdings, including for wage garnishments, if applicable, to the extent required or permitted by law, and shall be paid on thirtieth (30th) day following the date of termination of Executive’s employment. Payment under this Section 7.5 7.6 shall be made not more than once, if at all.