Effect of Termination of Relationship. (a) If the Participant ceases to be employed by Tracker for any reason other than breach by Tracker of any written employment agreement in effect between the Participant and Tracker, the Option shall terminate to the extent not vested. Notwithstanding the vesting schedule in Schedule II, if Tracker has breached any written employment agreement with the Participant, and as a result Participant's employment is terminated, the Option shall become fully vested upon such termination of employment. In no event may any Option be exercised by any person after the Expiration Date.
(b) Except as may be otherwise provided in Section 422 of the Internal Revenue Code of 1986, as amended, or in the Plan, upon termination of Participant's employment by reason of retirement, disability or death, the Option, to the extent vested, may be exercised by the Participant or his executor or administrator, as the case may be, at any time during the Option period.
(c) Any transfer of Participant's employment between Tracker and any of its existing or future subsidiaries or between any two subsidiaries shall not be deemed to be a termination of Participant's employment for purposes of implementation of the Plan.
Effect of Termination of Relationship. If this Optionee ceases to be engaged by Modavox for any reason, this Option shall terminate to the extent not vested. Upon termination of Optionee's engagement by reason of retirement, disability or death, this Option, to the extent vested, may be exercised by this Optionee or his executor or administrator, as the case may be, at any time prior to January 1, 20June 1, 2015.
Effect of Termination of Relationship. If this Holder ceases to be engaged by SurfNet for any reason, this Warrant shall terminate to the extent not vested. Upon termination of Holder's engagement by reason of retirement, disability or death, this Warrant, to the extent vested, may be exercised by this Holder or her executor or administrator, as the case may be, at any time prior to January 1, 2010.
Effect of Termination of Relationship. (a) If the Participant ceases to be employed by SurfNet for any reason, the Option will terminate to the extent not vested. In no event may any Option be exercised by any person after the Expiration Date.
(b) Except as may be otherwise provided in Section 422 of the Internal Revenue Code of 1986, as amended, or in the Plan, upon termination of Participant's employment by reason of retirement, disability or death, the Option, to the extent vested, may be exercised by the Participant or her executor or administrator, as the case may be, at any time during the Option period.
(c) Any transfer of Participant's employment between SurfNet and any of its existing or future subsidiaries or between any two subsidiaries will not be deemed to be a termination of Participant's employment for purposes of implementation of the Plan.
Effect of Termination of Relationship. If the Participant is engaged on the date hereof as an independent contractor by the Corporation, or by any subsidiary or other affiliate thereof, and later ceases to have a business relationship with the Corporation, or any subsidiary or other affiliate thereof, either as an independent contractor or employee of any such entity, for any reason other than breach by the Corporation of any written agreement in effect between the Participant and the Corporation, the Option shall terminate to the extent not vested. Notwithstanding the vesting schedule in Schedule II, if the Corporation has materially breached any written agreement with the Participant, and as a result Participant's relationship with the Corporation or any subsidiary or other affiliate thereof is terminated, then to the extent provided in such written agreement the Option shall become fully vested upon such termination of relationship. However, in no event may any Option be exercised by any person after the Expiration Date.
Effect of Termination of Relationship. Upon the termination of the Relationship or this Agreement for any reason, Business Associate shall return to Covered Entity or, at Covered Entity's direction, destroy all PHI received from Covered Entity that Business Associate maintains in any form, recorded on any medium, or stored in any storage system, unless said information has been de- identified and is no longer PHI. This provision shall apply to PHI that is in the possession of Business Associates or agents of Business Associate. Business Associate shall retain no copies of the PHI. Business Associate shall remain bound by the provisions of this Agreement, even after termination of the Relationship or the Agreement, until such time as all PHI has been returned, de- identified or otherwise destroyed as provided in this Section.
Effect of Termination of Relationship. (a) Upon the date the Participant is no longer employed by the Company, by reason of death, voluntary resignation, permanent disability or termination for cause (as those terms are defined in that certain Amended and Restated Employment Agreement dated January 31, 1999 between Participant and the Corporation (the "Employment Agreement")), the Participant's shares of Restricted Stock shall be forfeited on such date to the extent such shares have not become vested on that date.
(b) Upon forfeiture of shares of Restricted Stock pursuant to Section 1(b) or 4(a) above, the Participant, or the Participant's Beneficiary or Personal Representative, as the case may be, shall transfer to the Corporation the portion of the Award not vested at the date of termination of employment, without payment of any consideration by the Company for such transfer other than an amount equal to the Price per share of Restricted Stock forfeited. Notwithstanding any such transfer to the Corporation, or failure, refusal or neglect to transfer, by the Participant, or the Participant's Beneficiary or Personal Representative, as the case may be, such nonvested portion of the Award shall be deemed transferred automatically to the Corporation on the date of forfeiture.
Effect of Termination of Relationship. The Option and all other rights hereunder, to the extent such rights shall not have been exercised, shall terminate and become null and void at such time as the Optionee ceases to be an officer of or employed by either the Company or a Subsidiary; provided, however, that in the event the Optionee's removal or resignation from office or termination of employment is other than voluntary, the Optionee may at any time within any applicable period specified in Sections 5(a) and 5(b) below, exercise the Option, to the extent, and only to the extent, installments of the Option had become exercisable as of the date of such removal, resignation, termination, death or permanent disability:
(a) up to ninety (90) days after removal or resignation from office or termination of employment, other than termination for death or permanent disability; or
(b) up to twelve (12) months after the Optionee's death or permanent disability if the Optionee dies or is permanently disabled while in the employ of the Company or a Subsidiary or during the period referred to in Section 5(a). During the period after death, the Option may, to the extent exercisable on the date of death or earlier termination, be exercised by the person or persons to whom the Optionee's rights under the Plan and this Agreement shall pass by will or by the applicable laws of descent and distribution. Unless sooner terminated pursuant to the Plan, the Option shall expire at the end of the applicable period specified in Section 5(a) and 5(b) above, to the extent not exercised within that period. Notwithstanding any other provision of the Plan and this Agreement, the Option shall terminate on the date of termination of employment for any reason (including death or permanent disability) to the extent that the Option is not exercisable on the date of such termination of employment. In no event may the Option be exercised by any person after the Expiration Date.
Effect of Termination of Relationship. (a) If the Participant terminates employment with the Company for any reason other than due to his or her death or Total Disability, the Participant's shares of Restricted Stock shall be forfeited to the extent such shares have not become vested on the date of such termination. If the Participant terminates employment with the Company due to his or her death or Total Disability, the Participant's shares of Restricted Stock shall become fully vested as of the date of such termination. If an entity ceases to be a Subsidiary, such action shall be deemed to be a termination of employment of each employee of that entity.
(b) Upon forfeiture of shares of Restricted Stock pursuant to (a) above, the Participant, or the Participant's Beneficiary or Personal Representative, as the case may be, shall transfer to the Company the portion of the Award not vested at the date of termination of employment, without payment of any consideration by the Company for such transfer other than such Returnable Amount, if any, as may be specified in this Award Agreement. Notwithstanding any such transfer to the Company, or failure, refusal or neglect to transfer, by the Participant, or Participant's Beneficiary or Personal Representative, as the case may be, such nonvested portion of the Award shall be deemed transferred automatically to the Company on the date of termination of employment.
Effect of Termination of Relationship. (a) The Option is exercisable by Optionee (or, in the event of Optionee's death, his Beneficiary) for a period ending on the later of March 31, 2001 or 90 days after the end of the period described in Section 3(a)(1). On or after the expiration of the period described in the preceding sentence, the Option shall only be exercisable if Optionee is then employed by the Company. In no event may the Option be exercised by anyone, however, unless the vesting condition in Section 3(a) is satisfied and exercise occurs before the Expiration Date.
(b) If Optionee is employed by an entity which ceases to be a Subsidiary, such event shall be deemed for purposes of this Section 7 to be a termination of employment described in subsection (a) in respect of Optionee.
(c) Absence from work caused by military service or authorized sick leave shall not be considered as a termination of employment for purposes of this Section.
