Common use of In-Kind Benefits Clause in Contracts

In-Kind Benefits. Executive will also receive: (i) If Executive (or any individual receiving group health plan benefits through Executive) is eligible under applicable law to continue participation in Employer’s group health plan following the Date of Termination elects to continue these benefits, Employer will, for a period of up to seventeen (17) months commencing as of the Date of Termination, continue to pay Employer’s share of the cost of these benefits as if Executive remained continuously employed with Employer throughout such period, but only while Executive or such other individual continues to pay the balance of such cost and Executive or the person who elected continuation coverage is not eligible for coverage under any other employer’s group health plan; (ii) All reasonable expenses of a reputable outplacement organization selected by Executive, but not to exceed twelve thousand dollars ($12,000.00) in the aggregate, that are incurred during the one (1) year period commencing as of the Date of Termination, by direct payment to providers or by reimbursement to Executive. Payment or reimbursement will be made by the end of the calendar year following the calendar year in which the expense is incurred; provided, however, that Executive must request reimbursement at least thirty (30) days prior to the end of that calendar year; (iii) Except as otherwise provided in Section 6.2(a), and subject to any plan or program adopted by Employer after the date hereof, a lump sum payment on the six (6) month anniversary of the date of Executive’s “separation from service,” as defined in Code Section 409A (or Executive’s death, if earlier) (A) in the amount that is necessary to acquire for, and obtain full title issued in the name of, Executive the personal automobile leased by Employer for Executive under its Executive Automobile Program, or (B) if Executive does not have use of a personal automobile under the Executive Automobile Program, but has been given an automobile allowance, in the amount equal to three (3) times the annual automobile allowance; and (iv) Financial planning and tax preparation expenses, not to exceed in any calendar year the greater of (A) two thousand five hundred dollars ($2,500.00), or (B) such other value as the Board or its Compensation Committee may determine for Executive, incurred during the period commencing on the Date of Termination and ending seventeen (17) months following the Date of Termination, and except as otherwise provided in Section 6.2(a), payment or reimbursement will be made by the end of the calendar year following the calendar year in which the expense is incurred; provided, however, that Executive must request reimbursement at least thirty (30) days prior to the end of that calendar year.

In-Kind Benefits. Executive will also receive: (i) If Executive (or any individual receiving group health plan Plan benefits through Executive) is eligible under applicable law to continue participation in Employer’s group health plan Plan following the Date of Termination and elects to continue these benefits, Employer will, for a period of up to seventeen (17) months commencing as of the Date of Termination, continue to pay Employer’s share of the cost of these benefits as if Executive remained continuously employed with Employer throughout such period, period but only while Executive or such other individual continues to pay the balance of such cost and Executive or the person who elected continuation coverage is not eligible for coverage under any other employer’s group health plan;. (ii) All Employer will pay for all reasonable expenses of a reputable outplacement organization selected by Executive, but not to exceed twelve thousand dollars ($12,000.00) in the aggregate, aggregate that are incurred during the one (1) year period commencing as of the Date of Termination, by direct payment to providers or by reimbursement to Executive. Payment or reimbursement will be made by Executive within the calendar year after the end of the calendar year following the calendar year in which the expense is was incurred; provided, however, that Executive must request reimbursement at least thirty (30) days prior to before the end of that calendar year;. (iii) Except as otherwise provided in Section 6.2(a5.2(a), and subject to any plan or program adopted by Employer after the date hereof, presuming that Employee, on the Date of Termination, is receiving from Employer an automobile allowance under Employer’s related program, a lump sum payment on the six (6) month anniversary of the date of Executive’s “separation from service,” as defined in Code Section 409A (or Executive’s death, if earlier) (A) in the amount that is necessary to acquire for, and obtain full title issued in the name of, Executive the personal automobile leased by Employer for Executive under its Executive Automobile Program, or (B) if Executive does not have use of a personal automobile under the Executive Automobile Program, but has been given an automobile allowance), in the amount equal to three six (36) times the annual automobile allowance; and (iv) Financial planning and tax preparation expenses, not to exceed in any calendar year the greater of (A) two thousand five hundred dollars ($2,500.00), or (B) monthly allowance provided under such other value as the Board or its Compensation Committee may determine for Executive, incurred during the period commencing on the Date of Termination and ending seventeen (17) months following the Date of Termination, and except as otherwise provided in Section 6.2(a), payment or reimbursement will be made by the end of the calendar year following the calendar year in which the expense is incurred; provided, however, that Executive must request reimbursement at least thirty (30) days prior to the end of that calendar yearprogram.