Common use of Other Termination Rights Clause in Contracts

Other Termination Rights. In lieu of and not in addition to the termination payments and benefits provided for in Section 4.2 herein, if within twelve (12) months following a Change of Control, the Executive’s employment with the Company is terminated by the Company without Cause (including a resignation by the Executive for Good Reason) but not for reasons of death, Disability, or voluntary resignation, the Company shall pay or provide to the Executive following the date of such termination the following which shall constitute the Executive’s full monetary or other entitlement upon termination: a) the Executive’s Base Salary earned up to the date of termination; b) the value of the Executive’s accrued vacation that has not been used by him at the time of termination; c) any accrued unpaid business expenses at the date of termination required to be reimbursed under Section 3.4 of this Agreement; d) a lump sum amount equal to 24 months’ Base Salary; e) a lump sum amount in lieu of any Bonus entitlement to be calculated as follows: 24 months’ average annual Bonus, earned by the Executive in the two (2) years immediately preceding termination. If this Agreement is terminated before the Executive completes two (2) years’ service under this Agreement, the average annual Bonus shall be calculated based on the target Bonus for any incomplete year(s) of service and the actual Bonus earned for each completed year of service; f) a prorated Bonus for that portion of the year in which the Executive was actively employed. The amount of any such Bonus shall be calculated as follows: the product of (A) the average Bonus paid to the Executive for the two (2) fiscal years prior to the fiscal year in which his employment is terminated or, if such information is not available, Executive’s target bonus divided by twelve (12), multiplied by (B) the number of months the Executive was actively employed in the fiscal year in which his employment is terminated; g) any rights in respect of any equity based compensation to which the Executive may be entitled to at the time of such termination shall automatically vest to the Executive as of the date of termination in accordance with the terms of the Share Compensation Plan or other form of equity-based compensation in accordance with the respective plans; h) continued participation in the insurance benefits in which the Executive was participating pursuant to Section 3.3, above, as of the date of termination, until the earlier of (x) the date twenty-four (24) months after the date of termination, or (y) the date the Executive becomes eligible for substantially similar benefits under a benefit plan, program or arrangement through a different employer of him or his spouse. In the event that the Executive's continued participation in any such plan, program or arrangement of the Company is prohibited by the terms of such plan or applicable benefit-continuation laws, the Company shall arrange to provide the Executive with an amount equal to the value to the Executive (as determined by the Company's auditors) of such benefits calculated for the remainder of the twenty-four month period; and i) in the event of a Change of Control, any reasonable relocation or moving expenses, including one-way airfare for the Executive and his immediate family, which the Executive incurs if he/they should elect to move to Australia from Denver within six (6) months after the Change of Control.

Other Termination Rights. In lieu of and not in addition to the termination payments and benefits provided for in Section 4.2 herein, if within twelve (12) months following a Change of Control, the Executive’s employment with the Company is terminated by the Company without Cause (including a resignation by the Executive for Good Reason) but not for reasons of death, Disability, or voluntary resignation, the Company shall pay or provide to the Executive following the date of such termination the following which shall constitute the Executive’s full monetary or other entitlement upon termination: a) the Executive’s Base Salary earned up to the date of termination; b) the value of the Executive’s accrued vacation that has not been used by him at the time of termination; c) any accrued unpaid business expenses at the date of termination required to be reimbursed under Section 3.4 of this Agreement; d) a lump sum amount equal to 24 months’ Base Salary; e) a lump sum amount in lieu of any Bonus entitlement to be calculated as follows: 24 months’ average annual Bonus, earned by the Executive in the two (2) years immediately preceding termination. If this Agreement is terminated before the Executive completes two (2) years’ service under this Agreement, the average annual Bonus shall be calculated based on the target Bonus for any incomplete year(s) of service and the actual Bonus earned for each completed year of service; f) a prorated Bonus for that portion of the year in which the Executive was actively employed. The amount of any such Bonus shall be calculated as follows: the product of (A) the average Bonus paid to the Executive for the two (2) fiscal years prior to the fiscal year in which his employment is terminated or, if such information is not available, Executive’s target bonus divided by twelve (12), multiplied by (B) the number of months the Executive was actively employed in the fiscal year in which his employment is terminated; g) any rights in respect of any equity based compensation to which the Executive may be entitled to at the time of such termination shall automatically vest to the Executive as of the date of termination in accordance with the terms of the Share Compensation Plan or other form of equity-based compensation in accordance with the respective plans;; and h) continued participation in the insurance benefits in which the Executive was participating pursuant to Section 3.3, above, as of the date of termination, until the earlier of (x) the date twenty-four (24) months after the date of termination, or (y) the date the Executive becomes eligible for substantially similar benefits under a benefit plan, program or arrangement through a different employer of him or his spouse. In the event that the Executive's continued participation in any such plan, program or arrangement of the Company is prohibited by the terms of such plan or applicable benefit-continuation laws, the Company shall arrange to provide the Executive with an amount equal to the value to the Executive (as determined by the Company's auditors) of such benefits calculated for the remainder of the twenty-four (24) month period; and i) in the event of a Change of Control, any reasonable relocation or moving expenses, including one-way airfare for the Executive and his immediate family, which the Executive incurs if he/they should elect to move to Australia from Denver within six (6) months after the Change of Control.

Other Termination Rights. In lieu of and not in addition to the termination payments and benefits provided for in Section 4.2 herein, if within twelve (12) months following a Change of Control, the Executive’s employment with the Company is terminated by the Company without Cause (including a resignation by the Executive for Good Reason) but not for reasons of death, Disability, or voluntary resignation, the Company shall pay or provide to the Executive following the date of such termination the following which shall constitute the Executive’s full monetary or other entitlement upon termination: a) the Executive’s Base Salary earned up to the date of termination; b) the value of the Executive’s accrued vacation that has not been used by him her at the time of termination; c) any accrued unpaid business expenses at the date of termination required to be reimbursed under Section 3.4 of this Agreement; d) a lump sum amount equal to 24 months’ Base Salary; e) a lump sum amount in lieu of any Bonus entitlement to be calculated as follows: 24 months’ average annual Bonus, earned by the Executive in the two (2) years immediately preceding termination. If this Agreement is terminated before the Executive completes two (2) years’ service under this Agreement, the average annual Bonus shall be calculated based on the target Bonus for any incomplete year(s) of service and the actual Bonus earned for each completed year of service; f) a prorated Bonus for that portion of the year in which the Executive was actively employed. The amount of any such Bonus shall be calculated as follows: the product of (A) the average Bonus paid to the Executive for the two (2) fiscal years prior to the fiscal year in which his employment is terminated or, if such information is not available, Executive’s target bonus divided by twelve (12), multiplied by (B) the number of months the Executive was actively employed in the fiscal year in which his employment is terminated; g) any rights in respect of any equity based compensation to which the Executive may be entitled to at the time of such termination shall automatically vest to the Executive as of the date of termination in accordance with the terms of the Share Compensation Plan or other form of equity-based compensation in accordance with the respective plans; h) continued participation in the insurance benefits in which the Executive was participating pursuant to Section 3.3, above, as of the date of termination, until the earlier of (x) the date twenty-four (24) months after the date of termination, or (y) the date the Executive becomes eligible for substantially similar benefits under a benefit plan, program or arrangement through a different employer of him her or his her spouse. In the event that the Executive's continued participation in any such plan, program or arrangement of the Company is prohibited by the terms of such plan or applicable benefit-continuation laws, the Company shall arrange to provide the Executive with an amount equal to the value to the Executive (as determined by the Company's auditors) of such benefits calculated for the remainder of the twenty-four month period; and i) in the event of a Change of Control, any reasonable relocation or moving expenses, including one-way airfare for the Executive and his immediate family, which the Executive incurs if he/they should elect to move to Australia from Denver within six (6) months after the Change of Control.

Other Termination Rights. In lieu of and not in addition to the termination payments and benefits provided for in Section 4.2 herein, if within twelve (12) months following a Change of Control, the Executive’s employment with the Company is terminated by the Company without Cause (including a resignation by the Executive for Good Reason) but not for reasons of death, Disability, or voluntary resignation, the Company shall pay or provide to the Executive following the date of such termination the following which shall constitute the Executive’s full monetary or other entitlement upon termination: a) the Executive’s Base Salary earned up to the date of termination; b) the value of the Executive’s accrued vacation that has not been used by him at the time of termination; c) any accrued unpaid business expenses at the date of termination required to be reimbursed under Section 3.4 of this Agreement; d) a lump sum amount equal to 24 months’ Base Salary; e) a lump sum amount in lieu of any Bonus entitlement to be calculated as follows: 24 months’ average annual Bonus, earned by the Executive in the two (2) years immediately preceding termination. If this Agreement is terminated before the Executive completes two (2) years’ service under this Agreement, the average annual Bonus shall be calculated based on the target Bonus for any incomplete year(s) of service and the actual Bonus earned for each completed year of service; f) a prorated Bonus for that portion of the year in which the Executive was actively employed. The amount of any such Bonus shall be calculated as follows: the product of (A) the average Bonus paid to the Executive for the two (2) fiscal years prior to the fiscal year in which his employment is terminated or, if such information is not available, Executive’s target bonus divided by twelve (12), multiplied by (B) the number of months the Executive was actively employed in the fiscal year in which his employment is terminated; g) any rights in respect of any equity equity-based compensation to which the Executive may be entitled to at the time of such termination shall automatically vest to the Executive as of the date of termination in accordance with the terms of the Share Compensation Plan or other form of equity-based compensation in accordance with the respective plans; h) continued participation in the insurance benefits in which the Executive was participating pursuant to Section 3.3, above, as of the date of termination, until the earlier of (x) the date twenty-four (24) months after the date of termination, or (y) the date the Executive becomes eligible for substantially similar benefits under a benefit plan, program or arrangement through a different employer of him or his spouse. In the event that the Executive's continued participation in any such plan, program or arrangement of the Company is prohibited by the terms of such plan or applicable benefit-continuation laws, the Company shall arrange to provide the Executive with an amount equal to the value to the Executive (as determined by the Company's auditors) of such benefits calculated for the remainder of the twenty-four month (24)-month period; and i) in the event of a Change of Control, any reasonable relocation or moving expenses, including one-way airfare for the Executive and his immediate family, which the Executive incurs if he/they should elect to move to Australia from Denver within six (6) months after the Change of Control.

Other Termination Rights. In lieu of and not in addition to the termination payments and benefits provided for in Section 4.2 herein, if within twelve (12) months following a Change of Control, the Executive’s employment with the Company is terminated by the Company without Cause (including a resignation by the Executive for Good Reason) but not for reasons of death, Disability, or voluntary resignation, the Company shall pay or provide to the Executive following the date of such termination the following which shall constitute the Executive’s full monetary or other entitlement upon termination: a) the Executive’s Base Salary earned up to the date of termination; b) the value of the Executive’s accrued vacation that has not been used by him at the time of termination; c) any accrued unpaid business expenses at the date of termination required to be reimbursed under Section 3.4 of this Agreement; d) a lump sum amount equal to 24 months’ Base Salary; e) a lump sum amount in lieu of any Bonus entitlement to be calculated as follows: 24 months’ average annual Bonus, earned by the Executive in the two (2) years immediately preceding termination. If this Agreement is terminated before the Executive completes two (2) years’ service under this Agreement, the average annual Bonus shall be calculated based on the target Bonus for any incomplete year(s) of service and the actual Bonus earned for each completed year of service; f) a prorated Bonus for that portion of the year in which the Executive was actively employed. The amount of any such Bonus shall be calculated as follows: the product of (A) the average Bonus paid to the Executive for the two (2) fiscal years prior to the fiscal year in which his employment is terminated or, if such information is not available, Executive’s target bonus divided by twelve (12), multiplied by (B) the number of months the Executive was actively employed in the fiscal year in which his employment is terminated; g) any rights in respect of any equity equity-based compensation to which the Executive may be entitled to at the time of such termination shall automatically vest to the Executive as of the date of termination in accordance with the terms of the Share Compensation Plan or other form of equity-based compensation in accordance with the respective plans; h) continued participation in the insurance benefits in which the Executive was participating pursuant to Section 3.3, above, as of the date of termination, until the earlier of (x) the date twenty-four (24) months after the date of termination, or (y) the date the Executive becomes eligible for substantially similar benefits under a benefit plan, program or arrangement through a different employer of him or his spouse. In the event that the Executive's continued participation in any such plan, program or arrangement of the Company is prohibited by the terms of such plan or applicable benefit-continuation laws, the Company shall arrange to provide the Executive with an amount equal to the value to the Executive (as determined by the Company's auditors) of such benefits calculated for the remainder of the twenty-four month (24)-month period; and i) in the event of a Change of Control, any reasonable relocation or moving expenses, including one-way airfare for the Executive and his immediate family, which the Executive incurs if he/they should elect to move to Australia from Denver within six (6) months after the Change of Control.