Common use of Minimum Payments Clause in Contracts

Minimum Payments. If Executive's Termination Date occurs during the ---------------- Employment Period for any reason, Executive shall be entitled to the following payments, in addition to any payments or benefits to which Executive may be entitled under the following provisions of this paragraph 4 (other than this paragraph (a)) or the express terms of any employee benefit plan or as required by law: (i) Executive's earned but unpaid Annual Base Salary for the period ending on Executive's Termination Date; (ii) Executive's earned but unpaid Incentive Bonus for the prior fiscal year; (iii) Executive's accrued but unpaid vacation pay for the period ending with Executive's Termination Date, as determined in accordance with the Company's policy as in effect from time to time; and (iv) Executive's unreimbursed business expenses and all other items earned and owed to Executive through and including or benefits which have vested as of the Termination Date. Payments to be made to Executive pursuant to this paragraph 4(a) shall be made within 30 days after Executive's Termination Date. Except as may be otherwise expressly provided to the contrary in this Agreement or as otherwise provided by law, nothing in this Agreement shall be construed as requiring Executive to be treated as employed by the Company following Executive's Termination Date for purposes of any employee benefit plan or arrangement in which Executive may participate at such time.

Minimum Payments. If Executive's ’s Termination Date occurs during the ---------------- Employment Period for any reason, Executive shall be entitled to the following payments, in addition to any payments or benefits to which Executive may be entitled under the following provisions of this paragraph 4 Section 5 (other than this paragraph (a5(a)) or the express terms of any employee benefit plan or as required by law: (i) Executive's ’s earned but unpaid Annual Base Salary for the period ending on Executive's ’s Termination Date; (ii) Executive's ’s earned but unpaid Incentive Bonus for the prior fiscal year; (iii) Executive's ’s accrued but unpaid vacation pay for the period ending with Executive's ’s Termination Date, as determined in accordance with the Company's ’s policy as in effect from time to time; and; (iv) Executive's ’s unreimbursed business expenses and all other items earned and owed to Executive through and including or benefits which have vested as of the Termination Date. ; and (v) the Gross-Up Payment, if applicable, to the extent provided by Exhibit B. Payments to be made to Executive pursuant to this paragraph 4(a5(a) shall be made within 30 days after Executive's ’s Termination Date. Except as may be otherwise expressly provided to the contrary in this Agreement or as otherwise provided by law, nothing in this Agreement shall be construed as requiring Executive to be treated as employed by the Company following Executive's ’s Termination Date for purposes of any employee benefit plan or arrangement in which Executive may participate at such time.

Minimum Payments. If Executive's Termination Date occurs during the ---------------- Employment Period for any reason, Executive shall be entitled to the following payments, in addition to any payments or benefits to which Executive may be entitled under the following provisions of this paragraph 4 5 (other than this paragraph (a)) or the express terms of any employee benefit plan or as required by law: (i) Executive's earned but unpaid Annual Base Salary for the period ending on Executive's Termination Date; (ii) Executive's earned but unpaid Incentive Bonus for the prior fiscal year; (iii) Executive's accrued but unpaid vacation pay for the period ending with Executive's Termination Date, as determined in accordance with the Company's policy as in effect from time to time; and (iv) Executive's unreimbursed business expenses and all other items earned and owed to Executive through and including or benefits which have vested as of the Termination Date. ; and (v) the Gross-Up Payment to the extent provided by Exhibit C. Payments to be made to Executive pursuant to this paragraph 4(a5(a) shall be made within 30 days after Executive's Termination Date. Except as may be otherwise expressly provided to the contrary in this Agreement or as otherwise provided by law, nothing in this Agreement shall be construed as requiring Executive to be treated as employed by the Company following Executive's Termination Date for purposes of any employee benefit plan or arrangement in which Executive may participate at such time.

Minimum Payments. If Executive's ’s Termination Date occurs during the ---------------- Employment Period for any reason, Executive shall be entitled to the following payments, in addition to any payments or benefits to which Executive may be entitled under the following provisions of this paragraph 4 Section 5 (other than this paragraph (a5(a)) or the express terms of any employee benefit plan or as required by law: (i) Executive's ’s earned but unpaid Annual Base Salary for the period ending on Executive's ’s Termination Date; (ii) Executive's ’s earned but unpaid Incentive Bonus for the prior fiscal year; (iii) Executive's ’s accrued but unpaid vacation pay for the period ending with Executive's ’s Termination Date, as determined in accordance with the Company's ’s policy as in effect from time to time; and; (iv) Executive's ’s unreimbursed business expenses and all other items earned and owed to Executive through and including or benefits which have vested as of the Termination Date. ; and (v) the Gross-Up Payment, if applicable, to the extent provided by Exhibit B. Payments to be made to Executive pursuant to this paragraph 4(a5(a) (other than the payments in subparagraph 5(a)(v) which shall be payable as provided in Exhibit B) shall be made within 30 days after Executive's ’s Termination Date. Except as may be otherwise expressly provided to the contrary in this Agreement or as otherwise provided by law, nothing in this Agreement shall be construed as requiring Executive to be treated as employed by the Company following Executive's ’s Termination Date for purposes of any employee benefit plan or arrangement in which Executive may participate at such time.

Minimum Payments. If Executive's Date of Termination Date occurs during the ---------------- Employment Period for any reason, Executive shall be entitled to the following payments, in addition to any payments or benefits to which Executive may be entitled under the following provisions of this paragraph 4 Section 6 (other than this paragraph (aSection 6(a)) or the express terms of any employee benefit plan or as required by law: (i) Executive's earned earned, but unpaid Annual Base Salary for the period ending on Executive's Termination DateDate of Termination; (ii) Executive's earned and awarded, but unpaid Incentive Bonus Bonus, if any, for the prior fiscal year; (iii) to the extent permitted by the Company's vacation policies as they may exist from time to time, Executive's accrued accrued, but unpaid vacation pay for the period ending with Executive's Termination Date, as determined in accordance with the Company's policy as in effect from time to timeDate of Termination; and (iv) Executive's unreimbursed business expenses and all other items earned and owed to Executive under Section 3(c) of this Agreement through and including including, the Date of Termination; provided, that, in the event Executive's employment is terminated by the Company for Cause or benefits which by Executive without Good Reason, the Company will not have vested as an obligation to pay Executive the amounts, if any, under clause (ii) of the Termination Datethis Section 6(a). Payments to be made to Executive pursuant to this paragraph 4(aSection 6(a) shall be made within 30 days after Executive's Termination DateDate of Termination. Except as may be otherwise expressly provided to the contrary in this Agreement or as otherwise provided by law, nothing in this Agreement shall be construed as requiring Executive to be treated as employed by the Company following Executive's Date of Termination Date for purposes of any employee benefit plan or arrangement in which Executive may participate at such time.