Common use of Good Reason; Other than Cause or Disability Clause in Contracts

Good Reason; Other than Cause or Disability. If the Company terminates the Executive’s employment other than for Cause or Disability, or the Executive terminates his employment for Good Reason, then: (i) within thirty (30) days after the Date of Termination, the Company shall pay the Executive an amount equal to the sum of: (i) his accrued but unpaid Base Salary through the Date of Termination at the rate in effect at the time Notice of Termination is given (or the Date of Termination where no Notice of Termination is required hereunder) and (ii) a pro rata portion of the most recent Annual Bonus paid to the Executive (taking into consideration any accrued but unpaid Annual Bonus which is paid pursuant to this Section 9(d)(i)) based on the number of days elapsed in the current fiscal year prior to the Date of Termination, together with any accrued incentive compensation and other amounts to which the Executive is then entitled under any plan, policy, practice or program of the Company at the time such payments are due; and (ii) in lieu of any further salary, incentive compensation or other payments for periods subsequent to the Date of Termination, and as a severance benefit to the Executive, the Company will pay to the Executive in a prompt lump-sum payment, payable in cash, no later than thirty (30) days following the date of termination an amount equal to the sum of three (3) times the Executive’s annual Base Salary in effect at the time Notice of Termination is given (or the Date of Termination where no Notice of Termination is required hereunder), plus (B) an amount equal to three (3) times the greater of (x) the average Annual Bonus paid to the Executive for the prior three years or (y) the amount of the most recent Annual Bonus paid to the Executive.

Good Reason; Other than Cause or Disability. If the Company terminates the Executive’s 's employment other than for Cause or Disability, or the Executive terminates his employment for Good Reason, then: (i) within thirty (30) days after the Date of Termination, the Company shall pay the Executive an amount equal to the sum of: (i) his accrued but unpaid Base Salary through the Date of Termination at the rate in effect at the time Notice of Termination is given (or the Date of Termination where no Notice of Termination is required hereunder) and (ii) a pro rata portion of the most recent Annual Bonus paid to the Executive (taking into consideration any accrued but unpaid Annual Bonus which is paid pursuant to this Section 9(d)(i)) based on the number of days elapsed in the current fiscal year prior to the Date of Termination, together with any accrued incentive compensation and other amounts to which the Executive is then entitled under any plan, policy, practice or program of the Company at the time such payments are due; and (ii) in lieu of any further salary, incentive compensation or other payments for periods subsequent to the Date of Termination, and as a severance benefit to the Executive, the Company will pay to the Executive in equal bi- weekly installments for a prompt lump-sum payment, payable in cash, no later than thirty period of two (302) days years following the date of termination an amount equal to the sum of three (3i) two (2) times the Executive’s 's annual Base Salary in effect at the time Notice of Termination is given (or the Date of Termination where no Notice of Termination is required hereunder), plus (Bii) an amount equal to three the two (32) times the greater of (x) the average Annual Bonus paid to the Executive for the prior three years or (y) the amount of the most recent Annual Bonus paid to the Executive.

Good Reason; Other than Cause or Disability. If the Company terminates the Executive’s 's employment other than for Cause or Disability, or the Executive terminates his employment for Good Reason, then: (i) within thirty (30) days after the Date of Termination, the Company shall pay the Executive an amount equal to the sum of: (i) his accrued but unpaid Base Salary through the Date of Termination at the rate in effect at the time Notice of Termination is given (or the Date of Termination where no Notice of Termination is required hereunder) and (ii) a pro rata portion of the most recent Annual Bonus paid to the Executive (taking into consideration any accrued but unpaid Annual Bonus which is paid pursuant to this Section 9(d)(i)) based on the number of days elapsed in the current fiscal year prior to the Date of Termination, together with any accrued incentive compensation and other amounts to which the Executive is then entitled under any plan, policy, practice or program of the Company at the time such payments are due; and (ii) in lieu of any further salary, incentive compensation or other payments for periods subsequent to the Date of Termination, and as a severance benefit to the Executive, the Company will pay to the Executive in a prompt lump-sum payment, payable in cash, no later than thirty (30) days following the date of termination an amount equal to the sum of three (3) times the Executive’s 's annual Base Salary in effect at the time Notice of Termination is given (or the Date of Termination where no Notice of Termination is required hereunder), plus (B) an amount equal to three (3) times the greater of (x) the average Annual Bonus paid to the Executive for the prior three years or (y) the amount of the most recent Annual Bonus paid to the Executive.