Common use of Other Termination of Employment by the Company Clause in Contracts

Other Termination of Employment by the Company. The Company shall have the right to terminate the Employment at any time. However, if the Employment is terminated or not renewed by the Company for any reason other than pursuant to Paragraphs 3.1 or 3.2 hereof, the Employee shall be entitled to receive his base salary through the date of termination of the Employment, plus an amount (the "Severance Payment") equal to his then-current base salary for the greater of (i) the unexpired term of the Employment or (ii) a period of twelve (12) months following the date of termination (the "Severance Period"). The Severance Payment shall be paid in periodic installments during the Severance Period, in accordance with the Company's payroll policy as in effect from time to time, and shall be in lieu of any other severance pay to which the Employee might otherwise be entitled. In addition, in the event of such a termination, the Company will, to the extent its plans permit, continue to provide to the Employee, at the current level of employee contribution by the Employee prevailing at the date of termination, coverage under its life, medical, dental and/or disability plans, as in effect on the date of termination, during the Severance Period. If the Company's plans do not permit continued coverage for the Employee under these circumstances, the Company shall pay or reimburse the Employee for the cost of purchasing such coverage independently, subject to the timely compliance by the Employee with any notification procedure required under COBRA in order to obtain continued coverage. The Employee shall also be entitled, upon any such termination, to receive (A) any Bonus Award earned or deemed to be earned by the Employee and payable as of the date of termination of the Employment pursuant to Paragraph 2.2 hereof but not yet paid, plus (B) any other benefits to which the Employee is entitled pursuant to the plans described in Paragraph 2.5 hereof.

Other Termination of Employment by the Company. The Company shall have the right to may terminate the Employment hereunder at any timetime for any reason, upon notice to the Employee. However, if the Employment is terminated or not renewed by the Company for any reason other than pursuant to Paragraphs 3.1 or 3.2 hereof (including a termination pursuant to notice given under Section 1.2 hereof), the Employee shall be entitled to receive his base salary through the date of termination of the Employment, plus an amount (the "Severance Payment") equal to his then-then current base salary for the greater of (i) the unexpired term of the Employment or (ii) a period of twelve twenty-four (1224) months following the date of termination (the "Severance Period"). The Severance Payment shall be paid in periodic installments during the Severance Period, in accordance with the Company's payroll policy as in effect from time to time; provided, and however, that if the Employment is terminated following a "Change of Control" (as defined below), the full amount of the Severance Payment shall be payable in a single lump sum immediately upon the Company's delivery of its notice of termination. The Severance Payment shall be in lieu of any other severance pay or other benefit to which the Employee might otherwise be entitled. In addition, in the event of such a termination, the Company will, to the extent its plans permit, continue to provide to the Employee, at the current level of employee contribution by the Employee prevailing at the date of termination, coverage under its life, medical, dental and/or disability plans, as in effect on the date of termination, during the Severance Period. If In the Companyevent that the Company may not continue to provide the benefit of any such plans, the Severance Payment shall be increased by an amount equal to the Employee's plans do not permit continued cost of providing such discontinued coverage for himself and his dependents during the Employee under these circumstancesSeverance Period, the Company shall pay or reimburse the Employee for the cost of purchasing such coverage independentlyassuming, subject to where applicable, the timely compliance by the Employee with any notification procedure required under COBRA in order to obtain continued coveragecontinuation coverage at group rates. The Employee shall also be entitled, upon any such termination, to receive (A) any Bonus Award earned or deemed to be earned by the Employee and payable as of the date of termination of the Employment pursuant to Paragraph 2.2 hereof but not yet paid, plus (B) any other benefits to which the Employee is entitled pursuant to the plans described in Paragraph 2.5 Paragraphs 2.3 and 2.7 hereof. For purposes of this Agreement, a "Change of Control" of the Company shall occur upon: (i) a merger, consolidation or other reorganization involving the Company, or a tender offer, exchange offer or other transaction or series of transactions involving the acquisition of securities of the Company where, in any such case, the holders of voting securities of the Company immediately prior to such transaction or series of transactions own less than 50% of the voting securities of the surviving or successor entity, or its parent, immediately following such transaction or series of transactions; (ii) the sale of all or substantially all of the Company's assets; (iii) the sale of all or substantially all of the capital stock or assets of any subsidiary or subsidiaries of the Company which accounted for 40% or more of the Company's consolidated revenues for the preceding fiscal year; or (iv) any change by more than 50% in the composition of the Company's Board of Directors, accomplished by means of a proxy contest or otherwise, which is opposed by the incumbent Board of Directors of the Company or by the Employee.

Other Termination of Employment by the Company. The Company shall have the right to may terminate the Employment hereunder at any timetime for any reason. However, if the Employment is terminated or not renewed by the Company for any reason other than pursuant to Paragraphs Sections 3.1 or 3.2 hereof (including a termination pursuant to notice given under Section 1.2 hereof), the Employee shall be entitled to receive his base salary through the date of termination of the Employment, plus an amount (the "Severance Payment") equal to his then-then current base salary for the greater of (i) the unexpired term of the Employment or (ii) a period of twelve (12) months following the date of termination (the "Severance Period")) to the extent Employee has not found another position with a base salary equal to or greater than the Base Salary specified above in Section 2.1, and the Employer will make up the difference to the extent the base salary is less than the Severance Payment during the Severance Period. The Severance Payment shall be paid in periodic installments during the Severance Period, in accordance with the Company's payroll policy as in effect from time to time, and shall be in lieu of any other severance pay or other benefit to which the Employee might otherwise be entitled. In addition, in the event of such a termination, the Company will, to the extent its plans permit, continue to provide to the Employee, at the current level of employee contribution by the Employee prevailing at the date of termination, coverage under its life, medical, dental and/or disability plans, as in effect on the date of termination, during the Severance Period. If In the Companyevent that the Company may not continue to provide the benefit of any such plans, the Severance Payment shall be increased by an amount equal to the Employee's plans do not permit continued cost of providing such discontinued coverage for himself and his dependents during the Employee under these circumstancesSeverance Period, the Company shall pay or reimburse the Employee for the cost of purchasing such coverage independentlyassuming, subject to where applicable, the timely compliance by the Employee with any notification procedure required under COBRA in order to obtain continued coveragecontinuation coverage at group rates. The Employee shall also be entitled, upon any such termination, to receive receive: (A) any Bonus Award earned or deemed to be earned by the Employee and payable as of the date of termination of the Employment pursuant to Paragraph 2.2 hereof but not yet paid, plus plus, (B) any other benefits to which the Employee is entitled pursuant to the plans described in Paragraph 2.5 paragraphs 2.3 and 2.7 hereof.

Other Termination of Employment by the Company. The Company shall have the right to terminate the Employment at any time. However, if the Employment is terminated or not renewed by the Company for any reason other than pursuant to Paragraphs 1.2, 3.1 or 3.2 hereof, the Employee shall be entitled to receive his base salary through the date of termination of the Employment, plus an amount (the "Severance Payment") equal to (i) his then-current base salary for the greater of (i) the unexpired term of the Employment or (ii) a period of twelve (12) months following the date of termination (the "Severance Period")) plus (ii) an amount equal to the Annual Bonus, if any, awarded to the Employee for the prior fiscal year, pro-rated for the period from the commencement of the current fiscal year through the date of termination. The Severance Payment shall be paid in periodic equal, bi-weekly installments during the Severance Period, in accordance with the Company's payroll policy as in effect from time to time, Period and shall be in lieu of any other severance pay to which the Employee might otherwise be entitled. In addition, in the event of such a termination, the Company will, to the extent its plans permit, continue to provide to the Employee, at the current level of employee contribution by the Employee prevailing at the date of termination, coverage under its life, medical, dental and/or disability plans, as in effect on the date of termination, during the Severance Period. If the Company's plans do not permit continued coverage for the Employee under these circumstances, the Company shall pay or reimburse the Employee for the cost of purchasing such coverage independently, subject to the timely compliance by the Employee with any notification procedure required under COBRA in order to obtain continued coverage. The Employee shall also be entitled, upon any such termination, to receive (Ai) any Annual Bonus Award earned or deemed to be earned by the Employee and payable as of the date of termination of the Employment pursuant to Paragraph 2.2 hereof but not yet paid, plus (Bii) any other benefits to which the Employee is entitled pursuant to the plans described in Paragraph 2.5 2.4 hereof.

Other Termination of Employment by the Company. The Company shall have the right to may terminate the Employment hereunder at any timetime for any reason. However, if the Employment is terminated or not renewed by the Company for any reason other than pursuant to Paragraphs 3.1 or 3.2 hereof (including a termination pursuant to notice given under Section 1.2 hereof), the Employee shall be entitled to receive his base salary through the date of termination of the Employment, plus an amount (the "Severance Payment") equal to his then-then current base salary for the greater of (i) the unexpired term of the Employment or (ii) a period of twelve (12) months following the date of termination (the "Severance Period"). The Severance Payment shall be paid in periodic installments during the Severance Period, in accordance with the Company's payroll policy as in effect from time to time, and shall be in lieu of any other severance pay or other benefit to which the Employee might otherwise be entitled. In addition, in the event of such a termination, the Company will, to the extent its plans permit, continue to provide to the Employee, at the current level of employee contribution by the Employee prevailing at the date of termination, coverage under its life, medical, dental and/or disability plans, as in effect on the date of termination, during the Severance Period. If In the Companyevent that the Company may not continue to provide the benefit of any such plans, the Severance Payment shall be increased by an amount equal to the Employee's plans do not permit continued cost of providing such discontinued coverage for himself and his dependents during the Employee under these circumstancesSeverance Period, the Company shall pay or reimburse the Employee for the cost of purchasing such coverage independentlyassuming, subject to where applicable, the timely compliance by the Employee with any notification procedure required under COBRA in order to obtain continued coveragecontinuation coverage at group rates. The Employee shall also be entitled, upon any such termination, to receive receive: (A) any Bonus Award earned or deemed to be earned by the Employee and payable as of the date of termination of the Employment pursuant to Paragraph 2.2 hereof but not yet paid, plus plus, (B) any other benefits to which the Employee is entitled pursuant to the plans described in Paragraph 2.5 paragraphs 2.3 and 2.7 hereof.

Other Termination of Employment by the Company. The Company shall have the right to may terminate the Employment hereunder at any timetime for any reason. However, if the Employment is terminated or not renewed by the Company for any reason other than pursuant to Paragraphs 3.1 or 3.2 hereof (including a termination pursuant to notice given under Section 1.2 hereof), the Employee shall be entitled to receive his base salary through the date of termination of the Employment, plus an amount (the "Severance Payment") equal to his then-then current base salary for the greater of (i) the unexpired term of the Employment or (ii) a period of twelve twenty-four (1224) months following the date of termination (the "Severance Period"). The Severance Payment shall be paid in periodic installments during the Severance Period, in accordance with the Company's payroll policy as in effect from time to time, and shall be in lieu of any other severance pay or other benefit to which the Employee might otherwise be entitled. In addition, in the event of such a termination, the Company will, to the extent its plans permit, continue to provide to the Employee, at the current level of employee contribution by the Employee prevailing at the date of termination, coverage under its life, medical, dental and/or disability plans, as in effect on the date of termination, during the Severance Period. If In the Companyevent that the Company may not continue to provide the benefit of any such plans, the Severance Payment shall be increased by an amount equal to the Employee's plans do not permit continued cost of providing such discontinued coverage for himself and his dependents during the Employee under these circumstancesSeverance Period, the Company shall pay or reimburse the Employee for the cost of purchasing such coverage independentlyassuming, subject to where applicable, the timely compliance by the Employee with any notification procedure required under COBRA in order to obtain continued coveragecontinuation coverage at group rates. The Employee shall also be entitled, upon any such termination, to receive receive: (A) any Bonus Award earned or deemed to be earned by the Employee and payable as of the date of termination of the Employment pursuant to Paragraph 2.2 hereof but not yet paid, plus plus, (B) any other benefits to which the Employee is entitled pursuant to the plans described in Paragraph 2.5 paragraphs 2.3 and 2.7 hereof.

Other Termination of Employment by the Company. The Company shall have the right to terminate the Employment at any time. However, if the Employment is terminated or not renewed by the Company for any reason other than pursuant to Paragraphs 3.1 or 3.2 hereof, the Employee shall be entitled to receive his base salary through the date of termination of the Employment, plus an amount (the "Severance Payment") equal to his then-current base salary for the greater of (i) the unexpired term of the Employment or (ii) a period of twelve (12) months following the date of termination (the The "Severance Period"). The Severance Payment shall be paid in periodic equal, bi-weekly installments during the Severance Period, in accordance with the Company's payroll policy as in effect from time to time, Period and shall be in lieu of any other severance pay to which the Employee might otherwise be entitled. In addition, in the event of such a termination, the Company will, to the extent its plans permit, continue to provide to the Employee, at the current level of employee contribution by the Employee prevailing at the date of termination, coverage under its life, medical, dental and/or disability plans, as in effect on the date of termination, during the Severance Period. If the Company's plans do not permit continued coverage for the Employee under these circumstances, the Company shall pay or reimburse the Employee for the cost of purchasing such coverage independently, subject to the timely compliance by the Employee with any notification procedure required under COBRA in order to obtain continued coverage. The Employee shall also be entitled, upon any such termination, to receive (A) any Annual Bonus Award earned or deemed to be earned by the Employee and payable as of the date of termination of the Employment pursuant to Paragraph 2.2 hereof but not yet paid, plus (Bii) any other benefits to which the Employee is entitled pursuant to the plans described in Paragraph 2.5 2.6 hereof.