Common use of Other Than for Cause, Death or Disability Clause in Contracts

Other Than for Cause, Death or Disability. If, at any time prior to the Effective Date, the Company shall terminate the Executive’s employment other than for Cause (defined below), death or Disability, the Company shall (1) pay to the Executive his Annual Base Salary multiplied by 1.5 payable over 18 months at the same time that the Company pays other peer executives of the Company generally, commencing on the first payroll date which is on or immediately after the 30th day following the Executive’s termination of employment, and (2) pay to the Executive any compensation or bonus previously deferred (together with any accrued interest or earnings thereon) and any accrued vacation pay, in each case to the extent not theretofore paid, in a lump sum payment within 30 days following employment (the sum of the amounts described in clauses (1) and (2) of this Section 7(b) shall be hereinafter referred to as the “Severance Amount”); and (3) for a period equal to that period over which the Executive’s Annual Base Salary shall be paid pursuant to Section 7(b) (1) hereof, the Company shall continue health and dental benefits to the Executive and/or the Executive’s family equal to those health and dental benefits in effect on the Date of Termination; provided, however, that if Executive becomes re-employed with another employer which provides medical or dental benefits of any kind (whether equivalent to, or lesser than, those provided by the Company on the Date of Termination), then Executive’s health or dental coverage with the Company shall, respectively, cease upon the date Executive shall become eligible for either of such benefits from Executive’s new employer. Executive covenants and agrees to promptly notify the Company upon becoming so eligible. Solely for purposes of Section 409A of the Code, each installment payment is considered a separate payment.

Other Than for Cause, Death or Disability. If, at any time prior to the Effective Date, the Company shall terminate the Executive’s 's employment other than for Cause (defined below), death or Disability, the Company shall (1) pay to the Executive his the Executive's Annual Base Salary multiplied by 1.5 payable over 18 months at the same time that the Company pays other peer executives of the Company generally, commencing on the first payroll date which is on or immediately after the 30th day following the Executive’s termination of employment, and (2) pay to the Executive any compensation or bonus previously deferred (together with any accrued interest or earnings thereon) and any accrued vacation pay, in each case to the extent not theretofore paid, in a lump sum payment within 30 days following employment paid (the sum of the amounts described in clauses (1) and (2) of this Section 7(b) shall be hereinafter referred to as the “"Severance Amount”"); and (3) for a period equal to that period over which the Executive’s 's Annual Base Salary shall be paid pursuant to Section 7(b) (1) hereof, the Company shall continue health and dental benefits to the Executive and/or the Executive’s 's family equal to those health and dental benefits in effect on the Date of Termination; provided, however, that if Executive becomes re-employed with another employer which provides medical or dental benefits of any kind (whether equivalent to, or lesser than, those provided by the Company on the Date of Termination), then Executive’s 's health or dental coverage with the Company shall, respectively, cease upon the date Executive shall become eligible for either of such benefits from Executive’s 's new employer. Executive covenants and agrees to promptly notify the Company upon becoming so eligible. Solely for purposes of Section 409A of the Code, each installment payment is considered a separate payment.

Other Than for Cause, Death or Disability. If, at any time prior to the Effective Date, the Company shall terminate the Executive’s 's employment other than for Cause (defined below), death or Disability, the Company shall (1) pay to the Executive his the Executive's Annual Base Salary multiplied by 1.5 payable over 18 12 months at the same time that the Company pays other peer executives of the Company generally, commencing on the first payroll date which is on or immediately after the 30th day following the Executive’s termination of employment, and (2) pay to the Executive any compensation or bonus previously deferred (together with any accrued interest or earnings thereon) and any accrued vacation pay, in each case to the extent not theretofore paid, in a lump sum payment within 30 days following employment paid (the sum of the amounts described in clauses (1) and (2) of this Section 7(b) shall be hereinafter referred to as the “"Severance Amount”"); and (3) for a period equal to that period over which the Executive’s 's Annual Base Salary shall be paid pursuant to Section 7(b) (1) hereof, the Company shall continue health and dental benefits to the Executive and/or the Executive’s 's family equal to those health and dental benefits in effect on the Date of Termination; provided, however, that if Executive becomes re-employed with another employer which provides medical or dental benefits of any kind (whether equivalent to, or lesser than, those provided by the Company on the Date of Termination), then Executive’s 's health or dental coverage with the Company shall, respectively, cease upon the date Executive shall become eligible for either of such benefits from Executive’s 's new employer. Executive covenants and agrees to promptly notify the Company upon becoming so eligible. Solely for purposes of Section 409A of the Code, each installment payment is considered a separate payment.

Other Than for Cause, Death or Disability. If, at any time prior to the Effective Date, the Company shall terminate the Executive’s 's employment other than for Cause (defined below), death or Disability, the Company shall (1) pay to the Executive his Executive's Annual Base Salary multiplied by 1.5 payable over 18 12 months at the same time that the Company pays other peer executives of the Company generally, commencing on the first payroll date which is on or immediately after the 30th day following the Executive’s termination of employment, and (2) pay to the Executive any compensation or bonus previously deferred (together with any accrued interest or earnings thereon) and any accrued vacation pay, in each case to the extent not theretofore paid, in a lump sum payment within 30 days following employment paid (the sum of the amounts described in clauses (1) and (2) of this Section 7(b) shall be hereinafter referred to as the “"Severance Amount”"); and (3) for a period equal to that period over which the Executive’s 's Annual Base Salary shall be paid pursuant to Section 7(b) (1) hereof, the Company shall continue health and dental benefits to the Executive and/or the Executive’s 's family equal to those health and dental benefits in effect on the Date of Termination; provided, however, that if Executive becomes re-employed with another employer which provides medical or dental benefits of any kind (whether equivalent to, or lesser than, those provided by the Company on the Date of Termination), then Executive’s 's health or dental coverage with the Company shall, respectively, cease upon the date Executive shall become eligible for either of such benefits from Executive’s 's new employer. Executive covenants and agrees to promptly notify the Company upon becoming so eligible. Solely for purposes of Section 409A of the Code, each installment payment is considered a separate payment.