Justified Termination. If the Employment Period shall be terminated (a) prior to the expiration of the original Employment Period (or the Employment Period as extended pursuant to Section 5.01): (i) by the Company for Cause, (ii) as a result of the Executive's resignation or leaving of his employment, other than for Good Reason, or (iii) as a result of the death or Permanent Disability of the Executive, or (b) at the end of the Employment Period as a result of the Executive's provision of written notice not to extend the Employment Period under Section 5.01 (such terminations under clauses (a) and (b) of this Section 5.03 are collectively referred to as "Justified Terminations"), the Executive shall be entitled to receive solely (except as provided in Section 5.04 below) his Base Salary earned through the date of termination of employment, reimbursement of all Reimbursable Expenses incurred by the Executive prior to such Justified Termination and, if the Justified Termination is pursuant to clause (a)(iii) above, a prorated portion of the Executive's Target Bonus then in effect based on the number of days elapsed through the Date of Termination in the calendar year in which the Date of Termination occurs. Without limiting the foregoing and Section 5.04, the Executive shall be entitled to the payments and benefits set forth in Section 4.04 which have accrued as of the Date of the Termination. Notwithstanding the foregoing, if the Executive reaches Retirement Age, the unvested portion of the IPO Grant and each Annual RSU Award shall thereupon vest and be settled upon the regularly scheduled vesting dates.
Justified Termination. If the Employment Period shall be terminated by Patriot prior to the Termination Date (a) for Cause, (b) as a result of the Executive's resignation, or (c) as a result of the death or permanent disability of the Executive (collectively, a "Justified Termination"), the Executive shall be entitled to receive his compensation through the date of termination and reimbursement of all Reimbursable Expenses incurred by the Executive prior to the termination of the Employment Period. A termination for Cause shall become effective on the date designated by Patriot.
Justified Termination. If the Employment Period shall be terminated prior to the expiration of the third anniversary of the date hereof (or the extension of the Employment Period pursuant to Section 5.01)
(a) for Cause, (b) as a result of the Executive's resignation or leaving of his employment, other than for Good Reason, (c) as a result of the death or Permanent Disability of the Executive, or (d) as a result of the Executive's provision of written notice not to extend the Employment Period under Section 5.01 (collectively, a "JUSTIFIED TERMINATION"), the Executive shall be entitled to receive solely (except as provided in Section 5.04 below) his Base Salary through the Date of Termination and reimbursement of all Reimbursable Expenses incurred by the Executive prior to such Justified Termination.
Justified Termination. If the Employment Period shall be terminated by the Company for (a) Cause, (b) as a result of the Executive’s resignation, or (c) as a result of the death or permanent disability of the Executive (collectively, a “Justified Termination”), the Executive shall be entitled to receive his Base Salary through the date of termination and reimbursement of all Reimbursable Expenses incurred by the Executive prior to the termination of the Employment Period. A termination for Cause shall become effective on the date designated by the Company. In the case of Justified Termination, Executive shall not be eligible to receive, and the Company shall not be required to pay, any Severance Pay pursuant to Section 5.2 hereof.
Justified Termination. If the Employment Period shall be terminated prior to the expiration of the second anniversary of the date hereof (a) for Cause, (b) as a result of the Executive's resignation or leaving of his employment, other than for Good Reason, or (c) as a result of the death or Permanent Disability of the Executive (collectively, a "Justified Termination"), the Executive shall be entitled to receive solely (except as provided in Section 5.04 below) his Base Salary through the Date of Termination and reimbursement of all Reimbursable Expenses incurred by the Executive prior to such Justified Termination.
Justified Termination. If the Employment Period shall be terminated (i) prior to the expiration of the original term (or the Employment Period as extended pursuant to Section 5.01) (a) by the Company for Cause, (b) as a result of the Executive’s resignation or leaving of his employment, other than for Good Reason or (c) as a result of the death or Permanent Disability of the Executive, or (ii) at the end of the Employment Period as a result of the Executive’s provision of written notice not to extend the Employment Period under Section 5.01 (such terminations under clauses (i) and (ii) of this Section 5.03 are collectively referred to as “Justified Terminations”), the Executive shall be entitled to receive solely (except as additionally provided in Section 5.04 below or the Company’s Incentive Compensation Plan or successor plan) his Base Salary earned through the date of termination of employment and reimbursement of all Reimbursable Expenses incurred by the Executive prior to such Justified Termination.
Justified Termination. If the Company terminates Employee’s employment for Cause (a “Justified Termination”), the Employee shall be entitled to receive (a) any Base Salary earned through the date of termination, to the extent theretofore unpaid, and (b) such accrued but unused vacation, incentive, bonus and other benefits earned by the Employee and vested (if applicable) as of the date of his termination, all of the foregoing to be paid in the normal course for such payments and in accordance with the terms of the applicable plans, policies and arrangements. A Justified Termination shall become effective on the date designated by the Company and the Employee shall not be eligible to receive, and the Company shall not be required to pay, any severance pursuant to Section 5.3 hereof.
Justified Termination. If the Consulting Period shall be terminated by the Company prior to the second anniversary of the date of this Agreement (a) for Cause, (b) as a result of the Consultant's resignation, or (c) as a result of the death or Permanent Disability of both of the Affiliate of the Consultant (collectively, a "Justified Termination"), the Consultant shall be entitled to receive its Consulting Fee through the date of termination and reimbursement of all Reimbursable Expenses incurred by the Consultant prior to the termination of the Consulting Period. A termination for Cause shall become effective on the date designated by the Company. Notwithstanding the foregoing, in the event of the death of the Affiliate of the Consultant during the Consulting Period, the Consultant or the estate of Xxxxx shall continue to receive six months of consulting fees and, if and to the extent that the Company shall then maintain any key man term life insurance insuring the life of the Affiliate of the Consultant, the Company shall apply an applicable portion of the death benefits from such key man insurance to pay to the Consultant the balance of its Consulting Fee payable as at the date of the death of the Affiliate, discounted as provided in Section 5.2 above. The balance of any such death benefits shall be retained by and be the sole property of the Company.
Justified Termination. If the Employment Period shall be terminated prior to the expiration of the third anniversary of the date hereof (or the end of the Employment Period as extended pursuant to Section 5.01) (a) for Cause, (b) as a result of the Executive's resignation or leaving of his employment, other than for Good Reason, (c) as a result of the death or Permanent Disability of the Executive, or (d) as a result of the Company's or the Executive's provision of written notice not to extend the Employment Period under Section 5.01 (collectively, a "JUSTIFIED TERMINATION"), the Executive shall be entitled to receive solely (except as provided in the next sentence and in Section 5.04 below) his Base Salary through the Date of Termination and reimbursement of all Reimbursable Expenses incurred by the Executive prior to such Justified Termination. If the termination is by reason of the death or Permanent Disability of the Executive, the Executive also shall be entitled to receive his annual bonus prorated through the Date of Termination (offset by any proceeds received from any insurance coverages provided by the Company or any of its affiliates). For such purposes, the annual bonus shall not be less than the average annual bonus received for the preceding three years (if Executive has not yet received bonuses for three years, he shall receive a prorated portion of the average of the bonuses received, if any, but not less than a prorated portion of 90% of his Base Salary).
Justified Termination. If the Employment Period shall be terminated (i) prior to the expiration of the original term (or the Employment Period as extended pursuant to Section 5.01) (a) by the Company for Cause, (b) as a result of the Executive’s resignation or leaving of his employment, other than for Good Reason or (c) as a result of the death or Permanent Disability of the Executive, or (ii) at the end of the Employment Period as a result of either the Company’s or the Executive’s provision of written notice not to extend the Employment Period under Section 5.01 (such terminations under clauses (i) and (ii) of this Section 5.03 are collectively referred to as “Justified Terminations”), the Executive shall be entitled to receive solely (except as provided in the next sentence of this Section 5.03 or Section 5.04 below or as specifically provided in the Company’s Incentive Compensation Plan or successor plan) his Base Salary earned through the date of termination of employment and reimbursement of all Reimbursable Expenses incurred by the Executive prior to such Justified Termination. If the termination is by reason of the death or Permanent Disability of the Executive, (A) for the period ending March 31, 2009, the Executive also shall be entitled to receive a prorated portion of his annual bonus (for such purposes, the annual bonus shall not be less than the average annual bonus received for the preceding three (3) years) based on the number of days elapsed in the calendar year through the Date of Termination; and (B) for the period extending from April 1, 2009 through the remainder of the Employment Period, an amount equal to the Severance Amount, in each case, (i) offset by any proceeds received from any insurance coverages provided by the Company or any of its affiliates, and (ii) such amount, if any, shall be paid to the Executive promptly upon death or Permanent Disability, as applicable, and in no event later than March 15 of the calendar year following the calendar year of such termination of employment.
