Common use of Pro Rata Payment Clause in Contracts

Pro Rata Payment. In the event of the following: (i) the Company terminates the Executive's employment for Cause (as defined below), (ii) the Executive dies or becomes disabled (being the inability of the Executive to perform the essential requirements of the job with or without reasonable accommodation), (iii) the Executive resigns prior to the occurrence of a Change in Control (as defined below) of the Company at a time when there is no uncured breach by the Company of any term of this Agreement, or (iv) the Executive resigns after the occurrence of a Change in Control for any reason other than for Good Reason (as defined below); then in each case the Executive shall be entitled to receive only his Base Salary on a pro rata basis to the date of termination or resignation.

Appears in 4 contracts

Samples: Employment Agreement (Southdown Inc), Employment Agreement (Southdown Inc), Employment Agreement (Southdown Inc)

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