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, as either an independent contractor or an 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 employed by the Corporation or applicable Subsidiary. Notwithstanding the preceding sentence, if the Optionee is not terminated for cause (as defined by the Committee), the Optionee (or in the event of Optionee's death, his or her Beneficiary) may exercise the Option within any applicable period specified in subsection (a), (b) or (c) below, and to the extent described in such subsection, as follows:
(a) up to three months if the Optionee voluntarily resigns, provided that the Option may only be exercised to the extent the Option was exercisable at the date of termination either by its terms or pursuant to a determination by the Committee (within a reasonable period after such termination) in its discretion;
(b) up to 12 months after termination of employment with the Corporation, if such termination is without cause or occurs as a result of the Optionee's Retirement or Total Disability; in any such event the total number of shares subject to the Option shall become exercisable immediately on the date of such termination;
(c) up to 12 months after the Optionee's death, if the Optionee dies while in the employ of the Corporation or a Subsidiary or during the period referred to in subsection (a) or (b) of this Section 6; in the event that Optionee dies while in the employ of the Corporation or a Subsidiary, the total number of shares subject to the Option shall become exercisable immediately on the date of death. Exercise under this subsection (c) shall be by the Optionee's Beneficiary under the Plan; provided, however, that in no event may the Option be exercised by anyone under this Section 6 or otherwise after the Expiration Date. If the Optionee is employed by an entity which ceases to be a Subsidiary, such event shall be deemed for purposes of this Section 6 to be a termination of employment described in subsection (b) in respect of Optionee. 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.
Effect of Termination of Relationship. This option, to the extent such option shall not have been exercised, shall terminate and become null and void at such time as Contractor ceases to be a consultant or employee of OPTS, except that:
(a) In the event Contractor's engagement or employment with OPTS is terminated for any reason other than death, Contractor may at any time within three (3) months after such termination exercise this option to the extent this option was vested and exercisable at the date of such termination; provided, however, that in no event may this option be exercised after the Expiration Date; and
(b) In the event of the death of Contractor while still under contact with or in the employ of OPTS, then this option, to the extent this option was vested and exercisable by Contractor on the date of Contractor's death (or earlier termination), may be exercised within three (3) months after such death by the person or persons to whom Contractor's rights under this option shall pass by will or by the applicable laws of descent; provided, however, that in no event may this option be exercised by anyone, under this Section or otherwise, after the Expiration Date.
Effect of Termination of Relationship. If the Participant ceases to be ------------------------------------- employed by the Corporation, or by any subsidiary or other affiliate thereof, for any reason other than breach by the Corporation of any written employment 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 employment agreement with the Participant, and as a result Participant's employment is terminated, then to the extent provided in such written employment agreement the Option shall become fully vested upon such termination of employment. However, in no event may any Option be exercised by any person after the Expiration Date.
