Common use of Effects of Early Termination Clause in Contracts

Effects of Early Termination. (a) In the event of the Company's termination of Executive's employment during the Employment Term as a result of his disability, Executive shall be entitled to receive his Base Salary for the month in which such termination becomes effective and for a period of six (6) months thereafter, without prejudice to any other payments or disability benefits due Executive under any Employee Benefit Plan as a result of Executive's disability. (b) In the event of Executive's death, Executive's legal representative shall be entitled to receive Executive's Base Salary through the end of the sixth month following the month in which Executive's death occurred, without prejudice to any other payments or benefits due under any Employee Benefit Plan as a result of Executive's death. (c) In the event of the Company's termination of Executive's employment during the Employment Term for Cause, as defined in Section 6(c), the Company shall have no obligation to pay Executive any compensation or benefits other than (i) his then current Base Salary to the date of termination and (ii) payments or benefits due under any Employee Benefits Plans upon or following such termination. (d) In the event the Company terminates Executive's employment during the Employment Term without Cause or Executive terminates his employment during such period for Good Reason, as defined in Section 6(e), the Company shall pay Executive the following amounts: (i) Executive's Base Salary for the balance of the month in which such termination occurs, plus credit for any vacation earned but not taken prior to the date of termination; (ii) the incentive compensation set forth in Section 4 hereof to which the Executive would have received but for the fact of termination, calculated from the beginning of the fiscal year through the date of termination; (iii) as severance payments, commencing on the last day of the month in which the termination occurs and on the last day of each month thereafter, an amount equal to one-twelfth of the Executive's then current Base Salary for a period of twenty-four (24) months; and (iv) any payments due under any Employee Benefits Plans upon or following such termination. In addition, in the event of, and effective upon, termination under this Section 7(d), (A) Executive shall be entitled to (x) acceleration of any unvested stock options under any option grants issued to Executive pursuant to the Company's 1996 Stock Option Plan, and (y) all rights of the Executive, in the Executive Life Program Collateral Assignment Split Dollar Agreement entered into by the Executive and the Company as of March 1, 1999, as amended including, but not limited to, fully vested rights in and to the death benefits and annual distributions set forth therein, or in any replacement or supplemental plan designed to provide such benefits; and (B) any forfeiture provisions otherwise applicable to awards of restricted stock to the Executive shall cease. (e) Except as provided under Section 7(d)(ii), upon termination of his employment hereunder, the Executive, his heirs, representatives, or assigns shall not be entitled to receive any incentive compensation payments with respect to Executive's employment provided, however, that nothing shall affect Executive's right to receive any previously earned but unpaid deferred compensation payments to which Executive may be entitled under the Supplemental Executive Retirement Plan. (f) Except as provided in Section 7(e), during the period Executive continues to receive payment of his Base Salary following the termination of the Executive's employment, Executive, his dependents, beneficiaries and estate shall continue to be entitled to all benefits under all Employee Benefit Plans as if Executive were still employed during such period under this Agreement. Executive, to the extent that he has at the time of termination sufficient service credits or has otherwise satisfied applicable eligibility requirements under the terms of the Employee Benefit Plans shall be deemed to have retired from the Company as of such time, and shall be eligible for any and all benefits and rights provided to retirees at a comparable executive level from the Company or the Group under all Employee Benefits Plans. (g) The severance compensation and benefits provided in this Section 7 shall constitute Executive's sole and exclusive right to severance payments and benefits upon termination of Executive's employment and no other severance compensation of any kind, nature and amount shall be payable to Executive in connection with any termination during the Employment Term.

Effects of Early Termination. (a) In the event of the Company's termination of Executive's employment during the Period of Employment Term as a result of his disability, Executive shall be entitled to receive his Base Salary for the month in which such termination becomes effective and for a period of six (6) months thereafter, without prejudice to any other payments or disability benefits due Executive under any Employee Benefit Plan as a result of Executive's disability. (b) In the event of Executive's death, Executive's legal representative shall be entitled to receive Executive's Base Salary through the end of the sixth month following the month in which Executive's death occurred, without prejudice to any other payments or benefits due under any Employee Benefit Plan as a result of Executive's death. (c) In the event of the Company's termination of Executive's employment during the Period of Employment Term for Cause, as defined in Section 6(c), the Company shall have no obligation to pay Executive any compensation or benefits other than (i) his then current Base Salary to the date of termination and (ii) payments or benefits due under any Employee Benefits Plans upon or following such termination. (d) In the event the Company terminates Executive's employment during the Period of Employment Term without Cause or Executive terminates his employment during such period for Good Reason, as defined in Section 6(e6(d), the Company shall pay Executive the following amounts: (i) Executive's Base Salary for the balance of the month in which such termination occurs, plus credit for any vacation earned but not taken prior to the date of termination; (ii) the incentive compensation set forth in Section 4 hereof to which the Executive would have received but for the fact of termination, calculated from the beginning of the fiscal year through the date of termination; (iii) as severance payments, commencing on the last day of the month in which the termination occurs and on the last day of each month thereafter, an amount equal to one-twelfth of the Executive's then current Base Salary for a period of twenty-four (24) months; and. (iviii) any payments due under any Employee Benefits Plans upon or following such termination. In addition, in the event of, and effective upon, termination under this Section 7(d), (A) Executive shall be entitled to (x) acceleration of any unvested stock options under any option grants issued to Executive pursuant to the Company's 1996 Stock Option Plan, and (y) all rights of the Executive, in the Executive Life Program Collateral Assignment Split Dollar Agreement entered into by the Executive and the Company as of March 1, 1999, as amended including, but not limited to, fully vested rights in and to the death benefits and annual distributions set forth therein, or in any replacement or supplemental plan designed to provide such benefits; and (B) any forfeiture provisions otherwise applicable to awards of restricted stock to the Executive shall cease. (e) Except as provided under Section 7(d)(ii)Under no circumstances shall Executive, upon termination of his employment hereunder, the Executive, his heirs, representatives, or assigns shall not be entitled to receive any incentive compensation payments with respect to Executive's employment providedthe fiscal year in which an early termination occurs. Nothing herein, however, that nothing shall affect Executive's right to receive any previously earned but unpaid deferred compensation payments to which Executive may be entitled under the Supplemental Executive Retirement Plan. (f) Except as provided in Section 7(e), during the period Executive continues to receive payment of his Base Salary following the termination of the Executive's employment, Executive, his dependents, beneficiaries and estate shall continue to be entitled to all benefits under all Employee Benefit Plans as if Executive were still employed during such period under this Agreement. Executive, to the extent that he has at the time of termination sufficient service credits or has otherwise satisfied applicable eligibility requirements under the terms of the Employee Benefit Plans shall be deemed to have retired from the Company as of such time, and shall be eligible for any and all benefits and rights provided to retirees at a comparable executive level from the Company or the Group under all Employee Benefits Plans. (g) The severance compensation and benefits provided in this Section 7 shall constitute Executive's sole and exclusive right to severance payments and benefits upon termination of Executive's employment and no other severance compensation of any kind, nature and amount shall be payable to Executive in connection with any termination during the Employment TermPeriod of Employment.

Effects of Early Termination. (a) In the event of the Company's termination of Executive's employment during the Period of Employment Term as a result of his disability, Executive shall be entitled to receive his Base Salary for the month in which such termination becomes effective and for a period of six (6) months thereafter, without prejudice to any other payments or disability benefits due Executive under any Employee Benefit Plan as a result of Executive's disability. (b) In the event of Executive's death, Executive's legal representative shall be entitled to receive Executive's Base Salary through the end of the sixth month following the month in which Executive's death occurred, without prejudice to any other payments or benefits due under any Employee Benefit Plan as a result of Executive's death. (c) In the event of the Company's termination of Executive's employment during the Period of Employment Term for Cause, as defined in Section 6(c), the Company shall have no obligation to pay Executive any compensation or benefits other than (i) his then current Base Salary to the date of termination and (ii) payments or benefits due under any Employee Benefits Plans upon or following such termination. (d) In the event the Company terminates Executive's employment during the Period of Employment Term without Cause or Executive terminates his employment during such period for Good Reason, as defined in Section 6(e6(d), the Company shall pay Executive the following amounts: (i) Executive's Base Salary for the balance of the month in which such termination occurs, plus credit for any vacation earned but not taken prior to the date of termination; (ii) the incentive compensation set forth in Section 4 hereof to which the Executive would have received but for the fact of termination, calculated from the beginning of the fiscal year through the date of termination; (iii) as severance payments, commencing on the last day of the month in which the termination occurs and on the last day of each month thereafter, an amount equal to one-twelfth of the Executive's then current Base Salary for a period of twenty-four (24) months; and. (iviii) any payments due under any Employee Benefits Plans upon or following such termination. In addition, in the event of, and effective upon, termination under this Section 7(d), (A) Executive shall be entitled to (x) acceleration of any unvested stock options under any option grants issued to Executive pursuant to the Company's 1996 Stock Option Plan, and (y) all rights of the Executive, in the Executive Life Program Collateral Assignment Split Dollar Agreement entered into by the Executive and the Company as of March 1, 1999, as amended including, but not limited to, fully vested rights in and to the death benefits and annual distributions set forth therein, or in any replacement or supplemental plan designed to provide such benefits; and (B) any forfeiture provisions otherwise applicable to awards of restricted stock to the Executive shall cease. (e) Except as provided under Section 7(d)(ii)Under no circumstances shall Executive, upon termination of his employment hereunder, the Executive, his heirs, representatives, or assigns shall not be entitled to receive any incentive compensation payments with respect to Executive's employment providedthe fiscal year in which an early termination occurs. Nothing herein, however, that nothing shall affect Executive's right to receive any previously earned but unpaid deferred compensation payments to which Executive may be entitled under the Supplemental Executive Retirement Plan. (f) Except as provided in Section 7(e), during the period Executive continues to receive payment of his Base Salary following the termination of the Executive's employment, Executive, his dependents, beneficiaries and estate shall continue to be entitled to all benefits under all Employee Benefit Plans as if Executive were still employed during such period under this Agreement. Executive, to the extent that he has at the time of termination sufficient service credits or has otherwise satisfied applicable eligibility requirements under the terms of the Employee Benefit Plans shall be deemed to have retired from the Company as of such time, and shall be eligible for any and all benefits and rights provided to retirees at a comparable executive level from the Company or the Group under all Employee Benefits Plans. (g) The severance compensation and benefits provided in this Section 7 shall constitute Executive's sole and exclusive right to severance payments and benefits upon termination of Executive's employment and no other severance compensation of any kind, nature and amount shall be payable to Executive in connection with any termination during the Period of Employment. (h) Executive's right to receive any of the severance compensation and benefits provided herein shall be subject to his faithful observance and performance during the Period of Employment Termand thereafter of the agreements set forth in his Executive Stock Agreement dated July 22, 1993 with the Company.

Effects of Early Termination. (a) In the event of the Company's termination of Executive's employment during the Period of Employment Term as a result of his disability, Executive shall be entitled to receive his Base Salary for the month in which such termination becomes effective and for a period of six (6) months thereafter, without prejudice to any other payments or disability benefits due Executive under any Employee Benefit Plan as a result of Executive's disability. (b) In the event of Executive's death, Executive's legal representative shall be entitled to receive Executive's Base Salary through the end of the sixth month following the month in which Executive's death occurred, without prejudice to any other payments or benefits due under any Employee Benefit Plan as a result of Executive's death. (c) In the event of the Company's termination of Executive's employment during the Period of Employment Term for Cause, as defined in Section 6(c), the Company shall have no obligation to pay Executive any compensation or benefits other than (i) his then current Base Salary to the date of termination and (ii) payments or benefits due under any Employee Benefits Plans upon or following such termination. (d) In the event the Company terminates Executive's employment during the Period of Employment Term without Cause or Executive terminates his employment during such period for Good Reason, as defined in Section 6(e6(d), the Company shall pay Executive the following amounts: (i) Executive's Base Salary for the balance of the month in which such termination occurs, plus credit for any vacation earned but not taken prior to the date of termination; (ii) the incentive compensation set forth in Section 4 hereof to which the Executive would have received but for the fact of termination, calculated from the beginning of the fiscal year through the date of termination; (iii) as severance payments, commencing on the last day of the month in which the termination occurs and on the last day of each month thereafter, an amount equal to one-twelfth of the Executive's then current Base Salary for a period of twenty-four (24) months; and. (iviii) any payments due under any Employee Benefits Plans upon or following such termination. In addition, in the event of, and effective upon, termination under this Section 7(d), (A) Executive shall be entitled to (x) acceleration of any unvested stock options under any option grants issued to Executive pursuant to the Company's 1996 Stock Option Plan, and (y) all rights of the Executive, in the Executive Life Program Collateral Assignment Split Dollar Agreement entered into by the Executive and the Company as of March 1, 1999, as amended including, but not limited to, fully vested rights in and to the death benefits and annual distributions set forth therein, or in any replacement or supplemental plan designed to provide such benefits; and (B) any forfeiture provisions otherwise applicable to awards of restricted stock to the Executive shall cease. (e) Except as provided under Section 7(d)(ii)Under no circumstances shall Executive, upon termination of his employment hereunder, the Executive, his heirs, representatives, or assigns shall not be entitled to receive any incentive compensation payments with respect to Executive's employment providedthe fiscal year in which an early termination occurs. Nothing herein, however, that nothing shall affect Executive's right to receive any previously earned but unpaid deferred compensation payments to which Executive may be entitled under the Supplemental Executive Retirement Plan. (f) Except as provided in Section 7(e), during the period Executive continues to receive payment of his Base Salary following the termination of the Executive's employment, Executive, his dependents, beneficiaries and estate shall continue to be entitled to all benefits under all Employee Benefit Plans as if Executive were still employed during such period under this Agreement. Executive, to the extent that he has at the time of termination sufficient service credits or has otherwise satisfied applicable eligibility requirements under the terms of the Employee Benefit Plans shall be deemed to have retired from the Company as of such time, and shall be eligible for any and all benefits and rights provided to retirees at a comparable executive level from the Company or the Group under all Employee Benefits Plans. (g) The severance compensation and benefits provided in this Section 7 shall constitute Executive's sole and exclusive right to severance payments and benefits upon termination of Executive's employment and no other severance compensation of any kind, nature and amount shall be payable to Executive in connection with any termination during the Period of Employment. (h) Executive's right to receive any of the severance compensation and benefits provided herein shall be subject to his faithful observance and performance during the Period of Employment Termand thereafter of the agreements set forth in his Executive Stock Agreement dated July 22, 1993 with the Company.

Effects of Early Termination. (a) In the event of the Company's ’s termination of Executive's ’s employment during the Employment Term as a result of his disability, Executive shall be entitled to receive his Base Salary for the month in which such termination becomes effective and for a period of six (6) months thereafter, without prejudice to any other payments or disability benefits due Executive under any Employee Benefit Plan as a result of Executive's ’s disability. (b) In the event of Executive's ’s death, Executive's ’s legal representative shall be entitled to receive Executive's ’s Base Salary through the end of the sixth month following the month in which Executive's ’s death occurred, without prejudice to any other payments or benefits due under any Employee Benefit Plan as a result of Executive's ’s death. (c) In the event of the Company's ’s termination of Executive's ’s employment during the Employment Term for Cause, as defined in Section 6(c), the Company shall have no obligation to pay Executive any compensation or benefits other than (i) his then current Base Salary to the date of termination and (ii) payments or benefits due under any Employee Benefits Plans upon or following such termination. (d) In the event the Company terminates Executive's ’s employment during the Employment Term without Cause or Executive terminates his employment during such period for Good Reason, as defined in Section 6(e), the Company shall pay Executive the following amounts: (i) Executive's ’s Base Salary for the balance of the month in which such termination occurs, plus credit for any vacation earned but not taken prior to the date of termination; (ii) the incentive compensation set forth in Section 4 hereof to which the Executive would have received but for the fact of termination, calculated from the beginning of the fiscal year through the date of termination; (iii) as severance payments, commencing on the last day of the month in which the termination occurs and on the last day of each month thereafter, an amount equal to one-twelfth of the Executive's ’s then current Base Salary for a period of twenty-four twelve (2412) months; and (iv) any payments due under any Employee Benefits Plans upon or following such termination. In addition, in the event of, and effective upon, termination under this Section 7(d), ): (A) Executive shall be entitled to (x) acceleration of any unvested stock options under any option grants issued to Executive pursuant to the Company's ’s 1996 Stock Option Plan or the 2004 Stock Incentive Plan, ; and (y) all rights of the Executive, in the Executive Life Program Collateral Assignment Split Dollar Agreement entered into by the Executive and the Company as of March 1, 1999, as amended including, but not limited to, fully vested rights in and to the death benefits and annual distributions set forth therein, or in any replacement or supplemental plan designed to provide such benefits; and (B) any forfeiture provisions otherwise applicable to any awards of restricted stock to the Executive shall cease. (e) Except as provided under Section 7(d)(ii), upon termination of his employment hereunder, the Executive, his heirs, representatives, or assigns shall not be entitled to receive any incentive compensation payments with respect to Executive's employment provided, however, that nothing shall affect Executive's right to receive any previously earned but unpaid deferred compensation payments to which Executive may be entitled under the Supplemental Executive Retirement Plan’s employment. (f) Except as provided in Section 7(e), during the period Executive continues to receive payment of his Base Salary following the termination of the Executive's ’s employment, Executive, his dependents, beneficiaries and estate shall continue to be entitled to all benefits under all Employee Benefit Plans as if Executive were still employed during such period under this Agreement. Executive, to the extent that he has at the time of termination sufficient service credits or has otherwise satisfied applicable eligibility requirements under the terms of the Employee Benefit Plans shall be deemed to have retired from the Company as of such time, and shall be eligible for any and all benefits and rights provided to retirees at a comparable executive level from the Company or the Group under all Employee Benefits Plans. (g) The severance compensation and benefits provided in this Section 7 shall constitute Executive's ’s sole and exclusive right to severance payments and benefits upon termination of Executive's ’s employment and no other severance compensation of any kind, nature and amount shall be payable to Executive in connection with any termination during the Employment Term.

Effects of Early Termination. (a) In the event of the Company's termination of Executive's employment during the Period of Employment Term as a result of his disability, Executive shall be entitled to receive his Base Salary for the month in which such termination becomes effective and for a period of six (6) months thereafter, without prejudice to any other payments or disability benefits due Executive under any Employee Benefit Plan as a result of Executive's disability. (b) In the event of Executive's death, Executive's legal representative shall be entitled to receive Executive's Base Salary through the end of the sixth month following the month in which Executive's death occurred, without prejudice to any other payments or benefits due under any Employee Benefit Plan as a result of Executive's death. (c) In the event of the Company's termination of Executive's employment during the Period of Employment Term for Cause, as defined in Section 6(c), the Company shall have no obligation to pay Executive any compensation or benefits other than (i) his then current Base Salary to the date of termination and (ii) payments or benefits due under any Employee Benefits Plans upon or following such termination. (d) In the event the Company terminates Executive's employment during the Period of Employment Term without Cause or Executive terminates his employment during such period for Good Reason, as defined in Section 6(e6(d), the Company shall pay Executive the following amounts: (i) Executive's Base Salary for the balance of the month in which such termination occurs, plus credit for any vacation earned but not taken prior to the date of termination; (ii) the incentive compensation set forth in Section 4 hereof to which the Executive would have received but for the fact of termination, calculated from the beginning of the fiscal year through the date of termination; (iii) as severance payments, commencing on the last day of the month in which the termination occurs and on the last day of each month thereafter, an amount equal to one-twelfth of the Executive's then current Base Salary for a period of twenty-four twelve (2412) months; and. (iviii) any payments due under any Employee Benefits Plans upon or following such termination. In addition, in the event of, and effective upon, termination under this Section 7(d), (A) Executive shall be entitled to (x) acceleration of any unvested stock options under any option grants issued to Executive pursuant to the Company's 1996 Stock Option Plan, and (y) all rights of the Executive, in the Executive Life Program Collateral Assignment Split Dollar Agreement entered into by the Executive and the Company as of March 1, 1999, as amended including, but not limited to, fully vested rights in and to the death benefits and annual distributions set forth therein, or in any replacement or supplemental plan designed to provide such benefits; and (B) any forfeiture provisions otherwise applicable to awards of restricted stock to the Executive shall cease. (e) Except as provided under Section 7(d)(ii)Under no circumstances shall Executive, upon termination of his employment hereunder, the Executive, his heirs, representatives, or assigns shall not be entitled to receive any incentive compensation payments with respect to Executive's employment providedthe fiscal year in which an early termination occurs. Nothing herein, however, that nothing shall affect Executive's right to receive any previously earned but unpaid deferred compensation payments to which Executive may be entitled under the Supplemental Executive Retirement Plan. (f) Except as provided in Section 7(e), during the period Executive continues to receive payment of his Base Salary following the termination of the Executive's employment, Executive, his dependents, beneficiaries and estate shall continue to be entitled to all benefits under all Employee Benefit Plans as if Executive were still employed during such period under this Agreement. Executive, to the extent that he has at the time of termination sufficient service credits or has otherwise satisfied applicable eligibility requirements under the terms of the Employee Benefit Plans shall be deemed to have retired from the Company as of such time, and shall be eligible for any and all benefits and rights provided to retirees at a comparable executive level from the Company or the Group under all Employee Benefits Plans. (g) The severance compensation and benefits provided in this Section 7 shall constitute Executive's sole and exclusive right to severance payments and benefits upon termination of Executive's employment and no other severance compensation of any kind, nature and amount shall be payable to Executive in connection with any termination during the Employment TermPeriod of Employment.