Premature Termination by Employer. (i) In the event of the termination of this Agreement by Employer prior to the last day of the then current term for any reason other than a termination in accordance with the provisions of SECTION 4(h) (Change in Control) or SECTION 4(e) (Termination for Cause), then notwithstanding any mitigation of damages by Executive, Employer shall pay Executive an amount equal to the sum of: (A) Executive's Base Compensation at the annual rate then payable to Executive; (B) an amount equal to the average of the annual performance bonuses paid to Executive during the most recent three (3) fiscal years of Employer; and (C) an amount equal to the contributions made or credited by Employer under all employee retirement plans for the benefit of Executive for the most recently ended fiscal year of Employer. In addition, Employer shall continue to provide coverage for Executive and his immediate family under any health insurance programs maintained by Employer for one (1) year; PROVIDED, HOWEVER, that if the continuation of such health insurance is not permitted under the Employer's then current health insurance policy, then Employer agrees to pay Executive's premiums to continue such coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA") until the earlier of the date one (1) year from the date of termination, or the date such coverage otherwise terminates under COBRA, the period of health insurance continuation shall be credited against Executive's COBRA continuation rights and he will be required to complete all COBRA election and other forms. The payment of amounts under this subsection by Employer shall not offset or diminish any compensation or benefits accrued as of the date of termination.
Premature Termination by Employer. In the event of the termination of this Agreement by Employer prior to the last day of the then current term for any reason other than a termination in accordance with the provisions of Section 6(c) (Termination for Cause), then notwithstanding any mitigation of damages by Employee, Employer shall pay Employee severance payment and other payments to which Employee is entitled to receive according to Israeli law, and Employer shall not be obligated to pay any remaining performance bonus for the then current fiscal year of Employer, or have any further obligations to Employee. Employer shall provide employee with 90 day notice of premature termination.
Premature Termination by Employer. (i) If this Agreement is terminated by Employer prior to the last day of the Term for any reason other than a termination in accordance with the provisions of Section 4(e) or Section 4(h), then notwithstanding any mitigation of damages by Executive, Employer shall pay Executive an amount equal to one (1) times Executive’s Base Compensation in effect on the date of termination. In addition, Executive (and his dependents) shall be entitled to one (1) year of coverage under the group medical insurance plan or arrangements in which Executive is participating at the time of termination with Employer continuing to pay its share of premiums and associated costs as if Executive continued in the employ of Employer. Executive shall be entitled, at the expiration of such one (1) year period, to elect at his expense continued medical coverage in accordance with Section 4980B of the Internal Revenue Code of 1986, as amended (the “Code”). Employer’s obligation to provide such coverage shall be terminated to the extent Executive becomes eligible for or obtains substitute coverage with equal or greater benefits from another employer at any time during such one (1) year period. The payment of amounts under this subsection by Employer shall not offset or diminish any compensation or benefits accrued as of the date of termination.
Premature Termination by Employer. (i) In the event of the termination of the employment of the Executive under this Agreement: (A) by the Employer for any reason other than in accordance with the provisions of subparagraph (e) ("for cause"), subparagraph (f) (death), or subparagraph (g) (disability) of this Section 3, then notwithstanding any actual or allegedly available alternative employment or other mitigation of damages by (or which may be available to) the Executive, the Executive shall be entitled to a "Lump Sum Payment" equal to the sum of: (w) his monthly Base Salary then payable, multiplied by thirty-six (36); plus (x) three (3) times the average of the two (2) most recent annual Performance Bonuses that the Executive received from the Employer; plus (y) the monthly average of the two (2) most recent annual Performance Bonuses that the Executive received from the Employer, multiplied by the number of full calendar months the Executive was employed during the then-current fiscal year of the Employer. In the event of a termination governed by this subparagraph (c)(i) of Section 3, the Employer shall also: (z) continue for the Executive (provided that such items are not available to him by virtue of other employment secured after termination) the perquisites, plans and benefits provided under the Employer's Perquisite Policy and Benefit Plans as of and after the date of termination, provided such plans or benefits permit such continuation, [all items in (z) being collectively referred to as "Post-Termination Perquisites and Benefits"], for thirty-six (36) months following such termination. The payments and benefits provided under (x), (y), and (z) above shall be in addition to such Base Salary as shall have accrued and remain unpaid as well as any expense reimbursements or other payments relating to the period preceding such termination and remaining due and owing to the Executive but shall (aa) be in lieu of any Performance Bonus that the Executive might have otherwise earned for the then-current fiscal year; and (bb) be in addition to the payment of any theretofore declared Performance Bonus compensation for any prior fiscal year that remains unpaid as of the date of termination.
Premature Termination by Employer. (i) If this Agreement is terminated by Employer prior to the last day of the Term for any reason other than a termination in accordance with the provisions of Section 4(h) or Section 4(e), then notwithstanding any mitigation of damages by Executive, Employer shall pay Executive an amount equal to the Executive’s Base Compensation. In addition, Executive (and his dependents) shall be entitled to six (6) months of coverage under the group medical insurance plan or arrangements in which Executive is participating at the time of termination with Employer continuing to pay its share of premiums and associated costs as if Executive continued in the employ of Employer. Executive shall be entitled, at the expiration of such six-month period, to elect at his expense continued medical coverage in accordance with Section 4980B of the Internal Revenue Code of 1986, as amended (the “Code”). Employer’s obligation to provide such coverage shall be terminated to the extent Executive becomes eligible for or obtains substitute coverage from another employer at any time during such six month period. The payment of amounts under this subsection by Employer shall not offset or diminish any compensation or benefits accrued as of the date of termination.
Premature Termination by Employer. (i) In the event of the termination of this Agreement by Employer prior to the last day of the then current term for any reason other than a termination in accordance with the provisions of Section 4(e) (Termination for Cause), then notwithstanding any mitigation of damages by Executive, Employer shall pay Executive an amount equal to three (3) times the sum of: (A) Executive's Base Compensation at the annual rate then payable to Executive; (B) an amount equal to the average of the annual performance bonuses paid to Executive during the most recent three (3) fiscal years of Employer; and (C) an amount equal to the contributions made or credited by Employer under all employee retirement plans for the benefit of Executive for the most recently ended fiscal year of Employer. In addition, Employer shall continue to provide coverage for Executive and his immediate family under any health insurance programs maintained by Employer for three (3) years; PROVIDED, HOWEVER, that if the continuation of such health insurance is not permitted under the Employer's then current health insurance policy, then Employer agrees to pay Executive's premiums to continue such coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA") until such coverage terminates under COBRA, the period of health insurance continuation shall be credited against Executive's COBRA continuation rights and he will be required to complete all COBRA election and other forms. The payment of amounts under this subsection by Employer shall not offset or diminish any compensation or benefits accrued as of the date of termination.
Premature Termination by Employer. In the event of the termination of this Agreement by Employer prior to the last day of the Term (as the same may be extended pursuant to Section 1) for any reason other than a termination in accordance with the provisions of Section 4(c) (Termination for Cause), then Employer shall continue to pay Consultant Base Retainer for the twelve-month period following the effective date of termination (payable in monthly installments), plus Employer shall pay to Consultant, within ten (10) days after the effective date of termination, an amount equal to the value of accrued unpaid expenses accrued at the effective date of termination, and last fiscal year’s Performance Bonus, if any. Employer shall provide Consultant with 180 days prior written notice of such premature termination, provided that such payments will not exceed the end of the Term of this Agreement
Premature Termination by Employer. In the event of the termination of the employment of the Executive under this Agreement: (A) by the Employer for any reason other than in accordance with the provisions of subparagraph (e) ("for cause"), subparagraph (f)
Premature Termination by Employer. (i) In the event of the termination of this Agreement by Employer prior to the last day of the term for any reason other than a termination in accordance with the provisions of SECTION 4(d) (Termination for Just Cause), then notwithstanding any mitigation of damages by Executive, Employer shall pay Executive an amount equal to Executive's Base Compensation at the monthly rate then payable to Executive multiplied by the number of months (counting any partial month as a full month) remaining in the term of this Agreement. In addition, Employer shall continue to provide coverage for Executive and his immediate family under any health insurance programs maintained by Employer for the remaining term of this Agreement. The payment of amounts under this subsection by Employer shall not offset or diminish any compensation or benefits accrued as of the date of termination.
Premature Termination by Employer. In the event of the termination of this Agreement by Employer prior to the last day of the Term (as the same may be extended pursuant to Section 1) for any reason other than a termination in accordance with the provisions of Section 5(c) (Termination for Cause), then Employer shall continue to pay Executive his Base Salary for the nine-month period following the effective date of termination (payable in monthly installments), plus Employer shall pay to Executive, within ten (10) days after the effective date of termination, an amount equal to the value of accrued vacation/sick leave, unpaid expenses and any other benefits accrued at the effective date of termination (including a pro rata portion of the current fiscal year’s Performance Bonus, if any, through the effective date of termination). In such case, Employer shall not be obligated to pay any remaining Performance Bonus for the then current fiscal year of Employer, or have any further obligations to Executive; provided, however, that the Base Salary amount that Employer is obligated to pay hereunder shall be reduced by any salary or consulting fees that Executive receives from another employer during such nine-month period. Employer shall provide Executive with 90 days prior written notice of such premature termination.
