Common use of Exercise Upon Death or Disability Clause in Contracts

Exercise Upon Death or Disability. (a) If the Consultant incurs a Termination of Consulting Relationship due to Participant’s death, and on or after the first date upon which she would have been entitled to exercise the Option under the provisions of Section 3 hereof, the Option may, subject to the provisions of Section 5 hereof, be exercised (to the same extent the Participant would have been entitled under Section 3 hereof to exercise the Option immediately prior to her death), by the estate of the Participant (or by the person or persons who acquire the right to exercise the Option by written designation of the Participant) at any time within one year after the death of the Participant, at the end of which period the Option, to the extent not then exercised, shall terminate and the estate or other beneficiaries shall forfeit all rights hereunder. In no event, however, may the Option be exercised after the expiration of the term provided in Section 4 hereof.

Exercise Upon Death or Disability. (a) If the Consultant incurs Optionee dies while he or she is employed by or in a Termination of Consulting Relationship due to Participant’s death, and on with the Corporation or any Affiliate within one (1) year after the first date upon which she would have been entitled to exercise Date of Grant of the Option under the provisions of Section 3 hereofOption, the Option may, subject to the provisions of Section 5 hereof, be exercised (to the same extent the Participant would have been entitled under Option is vested pursuant to Section 3 hereof to exercise the Option immediately prior to her Optionee’s death), by the estate of the Participant Optionee (or by the person or persons who acquire the right to exercise the Option by written designation of the ParticipantOptionee) at any time within one (1) year after the death of the ParticipantOptionee, at the end of which period the Option, to the extent not then exercised, shall terminate and the estate or other beneficiaries shall forfeit all rights hereunder. In no event, however, may the Option be exercised after the expiration of the term provided in Section 4 hereof.

Exercise Upon Death or Disability. (aA) If the Consultant incurs a Termination Participant dies while he is in the Service of Consulting Relationship due to Participant’s deaththe Corporation or of any Affiliate, and on or after the first date upon which she he would have been entitled to exercise the Option under the provisions of Section 3 hereof, the Option may, subject to the provisions of Section 5 hereof, be exercised (to the same extent the Participant would have been entitled under Section 3 hereof to exercise the Option immediately prior to her his death), by the estate of the Participant (or by the person or persons who acquire the right to exercise the Option by written designation of the Participant) at any time within one year after the death of the Participant, at the end of which period the Option, to the extent not then exercised, shall terminate and the estate or other beneficiaries shall forfeit all rights hereunder. In no event, however, may the Option be exercised after the expiration of the term provided in Section 4 hereof.

Exercise Upon Death or Disability. (a) If the Consultant incurs a Termination of Consulting Relationship due to Participant’s death, Optionee dies while he is employed by the Company or by any Parent or Subsidiary and on or after the first date upon which she he would have been entitled to exercise the Option under the provisions of Section 3 hereof, the Option may, subject to the provisions of Section 5 hereof, be exercised (to the same extent extent, if any, that the Participant Optionee would have been entitled under Section 3 hereof to exercise the Option immediately prior to her his death), by the estate of the Participant Optionee (or by the person or persons who acquire the right to exercise the Option by written designation of the ParticipantOptionee) at any time within one (1) year after the death of the ParticipantOptionee, at the end of which period the Option, to the extent not then exercised, shall terminate and the estate or other beneficiaries shall forfeit all rights hereunder. In no event, however, may the Option be exercised after the expiration of the term provided in Section 4 hereof.

Exercise Upon Death or Disability. (a) If the Consultant incurs a Termination Participant dies while he is in the Service of Consulting Relationship due to Participant’s deaththe Corporation or of any Affiliate, and on or after the first date upon which she he would have been entitled to exercise the Option under the provisions of Section 3 hereof, the Option may, subject to the provisions of Section 5 hereof, be exercised (to the same extent the Participant would have been entitled under Section 3 hereof to exercise the Option immediately prior to her his death), by the estate of the Participant (or by the person or persons who acquire the right to exercise the Option by written designation of the Participant) at any time within one year after the death of the Participant, at the end of which period the Option, to the extent not then exercised, shall terminate and the estate or other beneficiaries shall forfeit all rights hereunder. In no event, however, may the Option be exercised after the expiration of the term provided in Section 4 hereof.