Common use of ESCROW DURING A TERMINATION DISPUTE Clause in Contracts

ESCROW DURING A TERMINATION DISPUTE. Prior to any Change in Control, if the Employee is terminated for Cause, and, within thirty (30) days of such termination, Employee notifies the Employer of his intention to adjudicate such termination as improper, the Employer agrees that it will deposit with KeyBank, National Association (or any successor thereto), as Escrow Agent, the installments of the Employee’s Base Salary and any bonuses due to be paid (as provided in Section 5 below) as the same would have become payable but for such termination (“Escrow Amount”). In the event of a final adjudication by a tribunal of competent jurisdiction that such termination was not for Cause, then the Escrow Amount, plus any interest earned thereon, shall be delivered promptly to the Employee. If such adjudication shall be in favor of the Employer, the Escrow Agent shall return the Escrow Amount, plus such interest, to the Employer. The Escrow Amount shall not be deemed to be liquidated damages but the Employer shall be entitled to a credit against any such award to the extent of the sums so delivered to the Employee. Exhibit 10.3

ESCROW DURING A TERMINATION DISPUTE. Prior to any Change in Control, if If the Employee is terminated for Cause, and, within thirty (30) days of such termination, Employee notifies the Employer of his intention to adjudicate such termination as improper, the Employer agrees that it will deposit with KeyBank, National Association (or any successor thereto), as Escrow Agent, Agent the installments of the Employee’s 's Base Salary and any bonuses due to be paid (as provided in Section 5 below) as the same would have become payable but for such termination (“"Escrow Amount”"). In the event of a final adjudication by a tribunal of competent jurisdiction that such termination was not for Cause, then the Escrow Amount, plus any interest earned thereon, shall be delivered promptly to the Employee. If such adjudication shall be in favor of the Employer, the Escrow Agent shall return the Escrow Amount, plus such interest, to the Employer. The Escrow Amount shall not be deemed to be liquidated damages but the Employer shall be entitled to a credit against any such award to the extent of the sums so delivered to the Employee. Exhibit 10.3.

ESCROW DURING A TERMINATION DISPUTE. Prior to any Change in Control, if the Employee is shall be terminated for Cause, and, within thirty (30) days of such termination, Employee notifies shall notify the Employer of his intention to adjudicate such termination as improper, the Employer agrees that it will deposit with KeyBankKeyBank National Association, National Association Cleveland, Ohio (or any successor thereto), as Escrow Agent, Agent the installments of the Employee’s Base Salary and any bonuses due to be paid (as provided in Section 5 below) as the same would have become payable but for such termination (“Escrow Amount”). In the event of a final adjudication by a tribunal of competent jurisdiction that such termination was not for Cause, then the Escrow Amount, plus any interest earned by the Escrow Agent thereon, shall be delivered promptly to the Employee. If such adjudication shall be in favor of the Employer, the Escrow Agent shall return the Escrow Amount, plus such interest, to the Employer. The Escrow Amount shall not be deemed to be liquidated damages but the Employer shall be entitled to a credit against any such award to the extent of the sums so delivered to the Employee. Exhibit 10.3.

ESCROW DURING A TERMINATION DISPUTE. Prior to any Change in Control, if the Employee is terminated for Cause, and, within thirty (30) days of such termination, Employee notifies the Employer of his intention to adjudicate such termination as improper, the Employer agrees that it will deposit with KeyBank, National Association (or any successor thereto), as Escrow Agent, Agent the installments of the Employee’s 's Base Salary and any bonuses due to be paid (as provided in Section 5 below) as the same would have become payable but for such termination (“"Escrow Amount”"). In the event of a final adjudication by a tribunal of competent jurisdiction that such termination was not for Cause, then the Escrow Amount, plus any interest earned thereon, shall be delivered promptly to the Employee. If such adjudication shall be in favor of the Employer, the Escrow Agent shall return the Escrow Amount, plus such interest, to the Employer. The Escrow Amount shall not be deemed to be liquidated damages but the Employer shall be entitled to a credit against any such award to the extent of the sums so delivered to the Employee. Exhibit 10.3.