Forfeiture and Repayment. (a) In the event the Participant incurs a separation from service for a reason other than those described in Article 6 herein during the Performance Period this entire award will be forfeited, unless the separation from service follows a Change in Control. (b) Without limiting the generality of Article 8(a), the Company reserves the right to cancel the Incentive Award awarded hereunder, whether or not earned, and require the Participant to repay all income or gains previously realized in respect of such Incentive Award, in the event of the occurrence of any of the following events: (i) termination of Participant’s employment for Cause; (ii) within one year following any termination of Participant’s employment, the Board determines that the Participant engaged in conduct before the Participant’s termination date that would have constituted the basis for a termination of employment for Cause; (iii) at any time during the Participant’s employment or the twelve month period immediately following any termination of employment, Participant:
Appears in 4 contracts
Samples: Short Term Incentive Plan for Officers Award Agreement (Black Hills Corp /Sd/), Short Term Incentive Plan for Officers Award Agreement (Black Hills Corp /Sd/), Short Term Incentive Plan for Officers Award Agreement (Black Hills Corp /Sd/)
Forfeiture and Repayment. (a) In the event the Participant incurs a separation from service for a reason other than those described in Article 6 4 herein during the Performance Period this entire award will be forfeited, unless the separation from service follows a Change in Control.
(b) Without limiting the generality of Article 8(a6(a), the Company reserves the right to cancel the Incentive Award all Performance Shares awarded hereunder, whether or not earnedvested, and require the Participant to repay all income or gains previously realized in respect of such Incentive AwardPerformance Shares, in the event of the occurrence of any of the following events:
(i) termination of Participant’s employment for Cause;
(ii) within one year following any termination of Participant’s employment, the Board determines that the Participant engaged in conduct before the Participant’s termination date that would have constituted the basis for a termination of employment for Cause;
(iii) at any time during the Participant’s employment or the twelve month period immediately following any termination of employment, Participant:
Appears in 4 contracts
Samples: Performance Share Award Agreement (Black Hills Corp /Sd/), Performance Share Award Agreement (Black Hills Corp /Sd/), Performance Share Award Agreement (Black Hills Corp /Sd/)