Common use of Other than due to Death Clause in Contracts

Other than due to Death. If Optionee’s Employment is terminated for any reason other than due to his death pursuant to Section 9(ii) below, then (a) the non-vested portion of the Option shall immediately expire on the termination of Employment date and (b) the vested portion of the Option shall expire to the extent not exercised within 90 days from the date of such termination of Employment. In no event may the Option be exercised after the earlier of (A) the expiration of the Option Period or (B) 90 days from the date of such termination even if Optionee becomes deceased during such period.

Other than due to Death. If Optionee’s Employment is terminated for any reason other than due to his death pursuant to Section 9(ii9(b) below, then (ai) the non-vested portion of the Option shall immediately expire on the termination of Employment date and (bii) the vested portion of the Option shall expire to the extent not exercised within 90 days from the date of such termination of Employment. In no event may the Option be exercised after the earlier of (Ai) the expiration of the Option Period or (Bii) 90 days from the date of such termination even if Optionee becomes deceased during such period.