Other Than for Cause, Death or Disability; Good Reason. If, during the Employment Period, (i) the Company shall terminate the Executive's employment other than for Cause, death or Disability, or (ii) the Executive shall terminate his employment for Good Reason pursuant to Section 4(c)(i)-(v):
Other Than for Cause, Death or Disability; Good Reason. If, during the Protected Period, the Company terminates the Executive’s employment other than for Cause or Disability or the Executive terminates employment for Good Reason, and the Executive executes and delivers to the Company a release substantially in the form attached hereto as Exhibit A (a “Release”) not later than the Release Deadline, the Company shall make the payments and provide the benefits described below.
Other Than for Cause, Death or Disability; Good Reason. If, during the Employment Period, the Company terminates the Executive's employment, other than for Cause, Death or Disability, or the Executive terminates employment for Good Reason, the Company shall pay the amounts described in subparagraph (i) below to the Executive in a lump sum in cash within 30 days after the Date of Termination and shall continue the benefits described in subparagraph (ii) below until at least the third anniversary of the Date of Termination. The payments provided pursuant to this paragraph (a) of Section 5 are intended as liquidated damages for a termination of the Executive's employment by the Company other than for Cause, Death or Disability or for the actions of the Company leading to a termination of the Executive's employment by the Executive for Good Reason, and shall be the sole and exclusive remedy therefor, but shall in no way affect the Executive's rights under the agreements set forth on Schedule A, attached hereto.
Other Than for Cause, Death or Disability; Good Reason. If, during the Employment Period, the Company terminates the Employee's employment, other than for Cause, Death or Disability, or the Employee terminates his employment for Good Reason, the Company shall (i) pay the Employee's accrued but unpaid portion of the Annual Base Salary (the "Accrued Obligations") to the Employee in a lump sum in cash within 30 days after the Date of Termination, (ii) continue to pay the Annual Base Salary for the remainder of the term hereof, (iii) issue the accrued Stock Compensation (the "Accrued Stock Compensation"), and (iv) issue the Stock Compensation for the remainder of the term hereof. In addition, the Employee shall be entitled to a Bonus in an amount equal to the Bonus the Employee would have received for the Employment Period had this Agreement not been terminated. The payments provided pursuant to this paragraph (a) of Section 5 are intended as liquidated damages for a termination of the Employee's employment by the Company other than for Cause or Disability or for the actions of the Company leading to a termination of the Employee's employment by the Employee for Good Reason, and shall be the sole and exclusive remedy therefor.
Other Than for Cause, Death or Disability; Good Reason. If, during the Employment Period, the Company terminates the Executive's employment, other than for Cause, or the Executive's employment is terminated because of death or Disability, or the Executive terminates employment for Good Reason, the Company shall make the payments and provide the benefits set forth in (i) through (v) below. In addition, if the Executive's employment is terminated by the Company other than for Cause or Disability, or by the Executive for Good Reason, the Company shall provide the Executive with reasonable outplacement services. The payments and benefits provided pursuant to this Section 5(a) are intended as liquidated damages for a termination of the Executive's employment by the Company other than for Cause, or for the actions of the Company leading to a termination of the Executive's employment by the Executive for Good Reason, or for the Executive's termination of employment as a result of death or Disability, and shall be the sole and exclusive remedy therefor. The Company shall pay the Executive the amounts set forth below in a lump sum in cash within 30 days following the Date of Termination:
Other Than for Cause, Death or Disability; Good Reason. If, during the Employment Period, the Company terminates the Executive’s employment, other than for Cause, death or disability, or if the Executive terminates his employment for Good Reason, the Company shall, subject to Executive’s continued full performance of his obligations set forth in Section 5 hereof, in addition to the amounts payable under paragraph (a) above, pay to the Executive (or his estate, beneficiary or legal representative) in twelve equal monthly installments commencing on the first day of the month following the date of termination, the sum of (x) the Executive’s annual base salary then in effect, plus (y) the greater of the Executive’s target bonus, if any, for the fiscal year in which the date of termination occurs and the average amount of annual bonuses paid to Executive for the two fiscal years preceding the year in which the date of termination occurs. In addition, the Executive and the Executive’s eligible spouse, dependents and beneficiaries will continue to be eligible to participate in the company’s health, medical, disability, life and other insurance plans (subject to Executive’s making required contributions to such plans) for a period of twelve months following the date of termination (or the Company will provide equivalent benefits for such period), provided that all such continuing benefits shall cease upon the date on which Executive becomes eligible to receive comparable benefits from a subsequent employer.
Other Than for Cause, Death or Disability; Good Reason. If, during the Employment Period, the Company terminates the Executive’s employment, other than for Cause, death or disability, or if the Executive terminates his employment for Good Reason, the Company shall, subject to Executive’s continued full performance of his obligations set forth in Section 5 hereof, in addition to the amounts payable under paragraph (a) above, pay to the Executive (or his estate, beneficiary or legal representative) in twelve equal monthly installments commencing on the first day of the month following the date of termination, an amount equal to the Executive’s annual base salary then in effect. In addition, the Executive and the Executive’s eligible spouse, dependents and beneficiaries will continue to be eligible to participate in the company’s health, medical, disability, life and other insurance plans (subject to Executive’s making required contributions to such plans) for a period of twelve months following the date of termination (or the Company will provide equivalent benefits for such period), provided that all such continuing benefits shall cease upon the date on which Executive becomes eligible to receive comparable benefits from a subsequent employer.
Other Than for Cause, Death or Disability; Good Reason. If, during the Employment Period, (1) the Company terminates the Executive's employment other than for Cause, death or Disability, or (2) the Executive terminates his employment for Good Reason, then the Executive shall receive the amounts described in subparagraphs (i) and (ii) below at the times specified therein and the Company shall continue the benefits described in subparagraph (iii) below until the earlier of (A) February 28, 2002, or (B) two years after the Date of Termination. The payments provided pursuant to this paragraph (a) of Section 6 are intended as severance payments for a termination of the Executive's employment by the Company other than for Cause or Disability or for the actions of the Company leading to a termination of the Executive's employment by the Executive for Good Reason, and shall be the sole and exclusive remedy therefor.
Other Than for Cause, Death or Disability; Good Reason. If, during the Employment Period, the Company terminates the Executive's employment, other than for Cause or Disability, or the Executive terminates his employment for Good Reason, the Company shall pay the amounts, continue the benefits described and take the action with respect to the Maxxim Options, in each case as set forth in subparagraph (i) below. The payments and other provisions provided pursuant to this Section 6(a) are intended as liquidated damages for the termination of the Executive's employment by the Company other than for Cause or Disability or for the actions of the Company leading to a termination of the Executive's employment by the Executive for Good Reason and shall be the sole and exclusive remedy therefor; provided further that as a condition precedent for the receipt of such payments the Executive shall execute and deliver a general release (in the form attached hereto as Exhibit C) of all claims against the Company.
Other Than for Cause, Death or Disability; Good Reason. If, during the Employment Period, the Company terminates the Executive's employment, other than for Cause, Death or Disability, or the Executive terminates his employment for Good Reason, the Company shall (i) pay the Executive's accrued but unpaid portion of the Annual Base Salary (the "Accrued Obligations") to the Executive in a lump sum in cash within 30 days after the Date of
