Common use of Forfeiture Based on Employment Status Clause in Contracts

Forfeiture Based on Employment Status. Subject to the terms and conditions set forth herein, (a) In addition to any rights of the Company under Section 9, the Key Employee will forfeit any Share Units or any rights associated with the Performance Units as to which the Committee has not made its vesting determination under Section 2 and not otherwise vested under Section 11 if the Key Employee's employment with the Company or its subsidiaries is terminated for any reason prior to such determination unless in the case of termination by the Company or a subsidiary the Committee determines, on such terms and conditions, if any, as the Committee may impose, that there may nonetheless be vesting of all or a portion of the award at the time of such determination or at any other time. Absence of the Key Employee on leave approved by a duly elected officer of the Company, other than the Key Employee, shall not be considered a termination of employment during the period of such leave. (b) Notwithstanding the foregoing, in the case of termination of employment as a result of death, Disability (as defined below) or Retirement (as defined below), the Share Deferral Percentage of the Grant will vest, and the Key Employee's entitlement to receive a credit to the Cash Account in respect of Performance Units will be determined, based upon the Company's actual performance relative to the revenue growth and RONAEBIT goals over the full performance period, but in lieu of the amounts under Section 2(b) and (c), the respective amounts, if any, determined under those subsections shall be reduced by multiplying such amounts by a fraction representing the portion of the two-year period that elapsed before the termination of the Key Employee's employment. (c) Whether or not a divestiture of a subsidiary, division or other business unit (including through the formation of a joint venture) results in termination of employment with the Company and its subsidiaries will be at the discretion of the Committee, which discretion the Committee may exercise on a case by case basis. (d) As used herein,

Forfeiture Based on Employment Status. Subject to the terms and conditions set forth herein, (a) In addition to any rights of the Company under Section 95, the Key Employee will forfeit any Share Units Restricted Shares or any rights associated with the Performance Units as to which the Committee has not made its vesting determination under Section 2 3 and not otherwise vested under Section 11 6 if the Key Employee's employment with the Company or its subsidiaries is terminated for any reason prior to such determination unless in the case of termination by the Company or a subsidiary the Committee determines, on such terms and conditions, if any, as the Committee may impose, that there may nonetheless be vesting of all or a portion of the award at the time of such determination or at any other time. Absence of the Key Employee on leave approved by a duly elected officer of the Company, other than the Key Employee, shall not be considered a termination of employment during the period of such leave. (b) Notwithstanding the foregoing, in the case of termination of employment as a result of death, Disability (as defined below) or Retirement (as defined below), the Share Deferral Delivery Percentage of the Grant will vest, and the Key Employee's entitlement to receive a credit to the Cash Account cash in respect of Performance Units will be determined, based upon the Company's actual performance relative to the revenue growth and RONAEBIT goals over the full performance period, but in lieu of the amounts under Section 2(b3(b) and (c), the respective amounts, if any, determined under those subsections shall be reduced by multiplying such amounts by a fraction representing the portion of the two-year period that elapsed before the termination of the Key Employee's employment. (c) Whether or not a divestiture of a subsidiary, division or other business unit (including through the formation of a joint venture) results in termination of employment with the Company and its subsidiaries will be at the discretion of the Committee, which discretion the Committee may exercise on a case by case basis. (d) As used herein,

Forfeiture Based on Employment Status. Subject to the terms and conditions set forth herein, (a) In addition to any rights of the Company under Section 94, the Key Employee will forfeit not have a right to any Share Units Performance Shares or any rights associated with the Performance Units Incentive Award payment as to which the Committee has not made its vesting determination under Section 2 and not otherwise vested under Section 11 5 if the Key Employee's ’s employment with the Company or its subsidiaries is terminated for any reason prior to such determination unless in the case of termination by the Company or a subsidiary the Committee determines, on such terms and conditions, if any, as the Committee may impose, that there may nonetheless be vesting of the right to receive all or a portion of the award at the time of such determination or at any other time. Absence of the Key Employee on leave approved by a duly elected officer of the Company, other than the Key Employee, shall not be considered a termination of employment during the period of such leave. (b) Notwithstanding the foregoing, in the case of termination of employment as a result of death, Disability (as defined below) or Retirement (as defined below), the Share Deferral Percentage of Key Employee will have the Grant will vestright to earn Performance Shares, and the Key Employee's ’s entitlement to receive a credit to the Cash Account cash in respect of Performance Units the Incentive Award will be determined, based upon the Company's ’s actual performance relative to the revenue growth and RONAEBIT goals over the full performance period, but in lieu of the amounts under Section 2(b) and (c), the respective amounts, if any, determined under those subsections shall be reduced by multiplying such amounts by a fraction representing the portion of the twothree-year period that elapsed before the termination of the Key Employee's ’s employment. (c) Whether or not a divestiture of a subsidiary, division or other business unit (including through the formation of a joint venture) results in termination of employment with the Company and its subsidiaries will be at the discretion of the Committee, which discretion the Committee may exercise on a case by case basis. (d) As used herein,

Forfeiture Based on Employment Status. Subject to the terms and conditions set forth herein, (a) In addition to any rights of the Company under Section 9, the Key Employee will forfeit any Share Units or any rights associated with the Performance Units credited under subsection 1(b) as to which the Committee has not made its vesting determination under Section 2 and not otherwise vested under Section 11 ("Unvested Units") if the Key Employee's employment with the Company or its subsidiaries is terminated for any reason prior to such determination unless in the case of termination by the Company or a subsidiary the Committee determines, on such terms and conditions, if any, as the Committee may impose, that there may nonetheless be vesting of all or a portion of the award Award at the time of such determination or at any other time. Absence of the Key Employee on leave approved by a duly elected officer of the Company, other than the Key Employee, shall not be considered a termination of employment during the period of such leave. (b) Notwithstanding the foregoing, in the case of termination of employment as a result of death, death or Total Disability (as defined below) or Retirement (as defined below), the Share Deferral Percentage of (i) the Grant will vest, and the Key Employee's entitlement to receive a credit to the Cash Account shall vest or be forfeited in respect of Performance the 1999 Units will be determined, based upon in accordance with Section 2(a) as if employment continued if the Company's actual performance relative death or disability occurs in 1999 or in 2000 prior to the revenue growth Committee's determination under Section 2(a) and RONAEBIT goals over (ii) the full performance period, but Grant shall vest or be forfeited in lieu respect of the amounts 2000 Units in accordance with Section 2(b) as if employment continued if the death or disability occurs in 2000 or in 2001 prior to the Committee's determination under Section 2(b) and (c), the respective amounts, if any, determined under those subsections shall be reduced by multiplying such amounts by a fraction representing the portion of the two-year period that elapsed before the termination of the Key Employee's employment. (c) Whether or not a divestiture As used herein, "Total Disability" means the complete and permanent inability of a subsidiary, division or other business unit (including through the formation Key Employee to perform all of a joint venture) results in termination his duties under the terms of his employment with the Company and its subsidiaries will Company, as determined by the Committee or any successor to such committee that administers the Stock Program (as the same may be at amended), or if no such committee has been appointed, by the discretion Board of Directors of the Company (such body, the "Determining Committee") upon the basis of such evidence, which discretion including independent medical reports and data, as the Determining Committee may exercise on a case by case basisdeems appropriate or necessary. (d) As used herein,

Forfeiture Based on Employment Status. Subject to the terms and conditions set forth herein, (a) In addition to any rights of the Company under Section 95, the Key Employee will forfeit any Share Units or any rights associated with the Performance Units Restricted Shares as to which the Committee has not made its vesting determination under Section 2 and not otherwise vested under Section 11 3 ("Unvested Shares") if the Key Employee's employment with the Company or its subsidiaries is terminated for any reason prior to such determination unless in the case of termination by the Company or a subsidiary the Committee determines, on such terms and conditions, if any, as the Committee may impose, that there may nonetheless be vesting of all or a portion of the award Award at the time of such determination or at any other time. Absence of the Key Employee on leave approved by a duly elected officer of the Company, other than the Key Employee, shall not be considered a termination of employment during the period of such leave. (b) Notwithstanding the foregoing, in the case of termination of employment as a result of death, death or Total Disability (as defined below) or Retirement (as defined below), the Share Deferral Percentage of (i) the Grant will vest, and the Key Employee's entitlement to receive a credit to the Cash Account shall vest or be forfeited in respect of Performance Units will be determined, based upon the Company's actual performance relative 1999 Shares in accordance with Section 3(a) as if employment continued if the death or disability occurs in 1999 or in 2000 prior to the revenue growth and RONAEBIT goals over the full performance period, but in lieu of the amounts Committee's determination under Section 2(b3(a) and (c), ii) the respective amounts, if any, determined under those subsections Grant shall vest or be reduced by multiplying such amounts by a fraction representing the portion forfeited in respect of the two-year period that elapsed before 2000 Shares in accordance with Section 3(b) as if employment continued if the termination of death or disability occurs in 2000 or in 2001 prior to the Key EmployeeCommittee's employmentdetermination under Section 3(b). (c) Whether or not a divestiture As used herein, "Total Disability" means the complete and permanent inability of a subsidiary, division or other business unit (including through the formation Key Employee to perform all of a joint venture) results in termination his duties under the terms of his employment with the Company and its subsidiaries will Company, as determined by the Committee or any successor to such committee that administers the Stock Program (as the same may be at amended), or if no such committee has been appointed, by the discretion Board of Directors of the Company (such body, the "Determining Committee") upon the basis of such evidence, which discretion including independent medical reports and data, as the Determining Committee may exercise on a case by case basisdeems appropriate or necessary. (d) As used herein,