Common use of Payments After Termination Clause in Contracts

Payments After Termination. In the event Employer terminates Executive's employment during the Term without Cause pursuant to Section 7(a)(ii) above, Executive shall have no further rights or claims against the Employer or its Affiliates except for the right to (i) continue to receive the monthly portion of the Base Salary during a severance period (the "SEVERANCE PERIOD") ending on the earlier of (x) the expiration date of the Term or any Renewal Term and (y) the later of (1) December 31, 2000 or (2) 24 months from the Termination Date (such monthly portion of the Base Salary to be paid out ratably over the Severance Period in accordance with the Employer's normal payroll practices); (ii) receive a monthly payment during the Severance Period equal to the quotient obtained by dividing (A) the prior year's annual bonus (for any termination during 1998 such annual bonus shall be deemed to be $150,000) by (B) twelve (12) (such amount to be payable in accordance with the Employer's normal payroll practices); (iii) reimbursement of all business expenses properly incurred by the Executive prior to the date of termination; and (iv) continue to receive during the Severance Period all medical, dental or other health and welfare benefits provided to Executive prior to his termination; provided, however, that such benefits shall cease to the extent Executive receives similar benefits from any business with which he obtains employment during the Severance Period. In the event of Executive's death or his permanent disability as determined pursuant to Section 7(a)(v) above, Executive shall have no further rights or claims against the Employer or its Affiliates except for (i) the right to receive a monthly portion of his base salary under Section 6(a) above for a period of six (6) months following the date of Executive's termination (the "DEATH/DISABILITY PERIOD") payable ratably over the Death/Disability Period in accordance with the Employer's normal payroll practices; (ii) reimbursement of all business expenses properly incurred by the Executive prior to the date of termination; and (iii) in the event of termination

Payments After Termination. In the event Employer terminates Executive's If this Agreement and Employee’s employment during the Term without Cause pursuant to Section 7(a)(ii) above, Executive shall have no further rights or claims against the Employer or its Affiliates except hereunder are terminated for the right to (ireasons set forth in Sections 11(a) continue to or 11(b), then Employee or Employee’s estate will receive the monthly portion of the Base Salary during a severance period (and any Performance Bonus earned through the "SEVERANCE PERIOD") ending on the earlier of (x) the expiration date of death or disability and any Deferred Compensation to which Employee would have been entitled for the Term year in which the death or any Renewal Term and (y) the later of (1) December 31, 2000 or (2) 24 months from the Termination Date (such monthly portion of the Base Salary to be paid out ratably over the Severance Period disability occurred in accordance with the Employer's normal payroll practicesterms of this Agreement, and all of Employee’s Stock Options shall immediately vest. If the Company terminates this Agreement and Employee’s employment hereunder for the reasons set forth in Section 11(c)(i-vi); , then (i) Employee will receive his Base Salary and deferred compensation through the date of termination and (ii) Employee will forfeit any entitlement that Employee may have to receive any performance bonus. If this Agreement is terminated for the reason set forth in Section 11(d) or Section 11(e), then (i) Employee will receive his Base Salary, deferred compensation and benefits set forth in Section 4(b) hereof (collectively, with the payment of the Base Salary, the “Severance Benefits”), for a monthly payment during period of eighteen (18) months if the termination occurs prior to January 1, 2005, if the termination occurs after December 31, 2004, Employee shall receive the Severance Period equal to Benefits for the quotient obtained by dividing lesser of (A) the prior year's annual bonus one (for any termination during 1998 such annual bonus shall be deemed to be $150,0001) by year or (B) twelve the remainder of the Term (12) (such amount to the “Severance Period”). The Severance Benefit shall be payable in accordance with the Employer's normal Company’s payroll practices); (iii) reimbursement of all business expenses properly incurred by the Executive prior procedures and subject to the date of termination; applicable withholdings, and (ivii) continue Employee will forfeit any entitlement that Employee may have to receive any performance bonus and provided however, Employee represents and warrants that during the Severance Period all medical, dental he shall affirmatively and in good faith seek another position (whether as an employee or other health independent contractor) and welfare benefits provided to Executive prior to the Severance Benefits shall be mitigated upon his termination; provided, however, that such benefits shall cease obtaining employment or being engaged as an independent contractor by a third party by an amount equal to the extent Executive receives similar amounts received by Employee in such new position (as an employee or identified contractor). Upon payment by the Company of the amounts described in this Section 11(f), Employee will not be entitled to receive any further compensation or benefits from any business with which he obtains employment during the Severance Period. In the event of Executive's death or his permanent disability as determined pursuant to Section 7(a)(v) above, Executive shall have no further rights or claims against the Employer or its Affiliates except for (i) the right to receive a monthly portion of his base salary under Section 6(a) above for a period of six (6) months following the date of Executive's termination (the "DEATH/DISABILITY PERIOD") payable ratably over the Death/Disability Period in accordance with the Employer's normal payroll practices; (ii) reimbursement of all business expenses properly incurred by the Executive prior to the date of termination; and (iii) in the event of terminationCompany whatsoever.

Payments After Termination. In the event Employer terminates -------------------------- Executive's employment during the Term without Cause pursuant to Section ------- 7(a)(ii) above, Executive shall have no further rights or claims against the Employer -------- Employer, the Company, or its their Affiliates except for (i) the right to (i) continue to be entitled to receive the monthly portion base compensation under Section 6(a) above for a ------------ period of six months following the Base Salary during a severance period date of Executive's termination (the "SEVERANCE PERIOD") ending on the earlier of (x) the expiration date of the Term or any Renewal Term and (y) the later of (1) December 31, 2000 or (2) 24 months from the Termination Date (such monthly portion of the Base Salary to be paid out payable ratably over the Severance Period in accordance with the Employer's normal payroll practices); provided, however, that (i) Employer can elect to continue to pay Executive his base compensation as described in Section 6(a) for a period longer than the Severance Period, and (ii) the ------------ restrictions covering Executive described in Sections 9(a) and 9(b) shall remain ---------------------- in effect only for the period of time Executive continues to receive payment for his base compensation; (ii) receive a monthly payment during the Severance Period equal to the quotient obtained by dividing (A) the prior year's annual bonus (for any termination during 1998 such annual bonus shall be deemed to be $150,000) by (B) twelve (12) (such amount to be payable in accordance with the Employer's normal payroll practices); (iii) reimbursement of all business expenses properly incurred by the Executive prior to the date of termination; and (iviii) the right to continue to receive during the Severance Period all medical, dental or other health and welfare benefits provided to Executive prior to his terminationduring the Term; provided, however, that such benefits shall cease to the extent Executive receives similar benefits from any business with which he obtains employment employs Executive during the Severance Period. In the event of termination of the Executive's death or his permanent disability as determined employment for any reason other than by Employer without Cause pursuant to Section 7(a)(v7(a)(ii) above, neither Executive shall nor ---------------- his beneficiary or estate will have no any further rights or claims against the Employer Employer, the Company or its their Affiliates except for (i) the unpaid portion of the base compensation through the date of termination, (ii) reimbursement of all business expenses incurred by the Executive prior to such date; and (iii) in the event of Executive's death or permanent disability, the right to receive a monthly portion of his the base salary compensation under Section 6(a) above for a period of six (6) two months following ------------ the date of Executive's termination (the "DEATH/DISABILITY PERIOD") payable ratably over the Death/Disability Period in accordance with the Employer's normal payroll practices; (ii) reimbursement of all business expenses properly incurred by the Executive prior pursuant to the date of termination; and his subclause (iii) in ), and all --------------- rights of Executive under the event terms of terminationany Executive benefit plans or insurance policies of Employer applicable to Executive.

Payments After Termination. In the event Employer terminates Executive's Employee’s employment during the Term without Cause pursuant to Section 7(a)(ii) above, Executive Employee shall have no further rights or claims against the Employer Employer, the Employer, or its their Affiliates except for (i) the right to (i) continue to be entitled to receive the monthly portion base compensation under Section 6(a) above for a period of ten (10) months following the Base Salary during a severance period date of Employee’s termination (the "SEVERANCE PERIOD"“Severance Period”) ending on the earlier of (x) the expiration date of the Term or any Renewal Term and (y) the later of (1) December 31, 2000 or (2) 24 months from the Termination Date (such monthly portion of the Base Salary to be paid out payable ratably over the Severance Period in accordance with the Employer's ’s normal payroll practices); (ii) receive a monthly payment during the Severance Period equal to the quotient obtained by dividing (A) the prior year's annual bonus (for any termination during 1998 such annual bonus shall be deemed to be $150,000) by (B) twelve (12) (such amount to be payable in accordance with the Employer's normal payroll practices); (iii) reimbursement of all business expenses properly incurred by the Executive Employee prior to the date of termination; and (iviii) the right to continue to receive during the Severance Period all medical, dental or other health and welfare benefits provided to Executive prior to his terminationEmployee during the Term; provided, however, that such benefits shall cease to the extent Executive Employee receives similar benefits from any business with which he obtains employment employs Employee during the Severance Period. In the event of Executive's death or his permanent disability as determined termination of the Employee’s employment for any reason other than by Employer without Cause pursuant to Section 7(a)(v7(a)(ii) above, Executive shall neither Employee nor his beneficiary or estate will have no any further rights or claims against the Employer, the Employer or its their Affiliates except for (i) the right to receive a monthly unpaid portion of his the base salary under Section 6(a) above for a period of six (6) months following compensation through the date of Executive's termination (the "DEATH/DISABILITY PERIOD") payable ratably over the Death/Disability Period in accordance with the Employer's normal payroll practices; termination, (ii) reimbursement of all business expenses properly incurred by the Executive Employee prior to the date of terminationsuch date; and (iii) in the event of terminationEmployee’s death or permanent disability, all rights of Employee under the terms of any Employee benefit plans or insurance policies of Employer applicable to Employee.