Common use of Rights Upon Termination of Employment Without Cause Prior to the Termination Clause in Contracts

Rights Upon Termination of Employment Without Cause Prior to the Termination. The Company may terminate the Executive’s services without Cause (as defined in Section 4.20 below) by delivering written notice of such termination to the Executive. In addition, any: (i) Material change of the Executive’s title, responsibilities, or authority by the Board without the Executive’s concurrence which is not cured within 30 days after notice by the Executive, (ii) Material breach by the Company of this Agreement which continues for 30 days after notice by the Executive, or (iii) a change in control of the Company that is required to be reported by the Company on Form 8-K, shall be deemed termination by the Company without Cause. In the event of termination pursuant to clauses (i), (ii), or (iii) of the preceding sentence, the Executive shall be entitled to give notice of termination, which notice shall have the same effect as a notice delivered by the Company, or If, prior to the Termination Date, the Company terminates the Executive’s employment for any reason other than Cause or Disability, then the Company shall: (i) Continue to pay the Executive (in the same manner as prior to such termination) after the date of such termination the compensation provided under Section 1.01 above through the Termination Date as if the Executive had been employed hereunder during such period; (ii) Pay all bonuses quarterly as if the mutually agreed upon targets were met; (iii) Provide the Executive with continued coverage through the Termination Date under any employee benefit plan (as such term is defined in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended) then maintained by the Company and in which the Executive then participates or any successor plan thereof. Notwithstanding 2.03(iii) above, the Company hereby agrees to maintain the Executive’s hospitalization/medical/dental/disability and life insurance policy in effect at the time of termination through the full period of this Agreement, to continue to pay any premium to maintain the policy through the full period of this Agreement, and the Executive may, at his option and his expense at the end of this Agreement or termination, continue the policy without interruption until his death if permitted by the terms of such policy; and (iv) All stock options will immediately vest, and the stock granted to the Executive upon his exercise of such options shall be unrestricted except for any governmental restrictions and registered if the Company is a public company at the time of termination or subsequently becomes public.

Rights Upon Termination of Employment Without Cause Prior to the Termination. The Company may terminate the Executive’s services without Cause (as defined in Section 4.20 below) by delivering written notice of such termination to the Executive. In addition, any: (i) Material change of the Executive’s title, responsibilities, or authority by the Board without the Executive’s concurrence which is not cured within 30 days after notice by the Executive, (ii) Material breach by the Company of this Agreement which continues for 30 days after notice by the Executive, or (iii) a change in control of the Company that is required to be reported by the Company on Form 8-K, shall be deemed termination by the Company without Cause. In the event of termination pursuant to clauses (i), (ii), or (iii) of the preceding sentence, the Executive shall be entitled to give notice of termination, which notice shall have the same effect as a notice delivered by the Company, or If, prior to the Termination Date, the Company terminates the Executive’s employment for any reason other than Cause or Disability, then the Company shall: (i) Continue to pay the Executive (in the same manner as prior to such termination) after the date of such termination the compensation provided under Section 1.01 above through the Termination Date as if the Executive had been employed hereunder during such period; (ii) Pay all bonuses quarterly as if the mutually agreed upon targets were met; (iii) Provide the Executive with continued coverage through the Termination Date under any employee benefit plan (as such term is defined in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended) then maintained by the Company and in which the Executive then participates or any successor plan thereof. Notwithstanding 2.03(iii) above, the Company hereby agrees to maintain the Executive’s hospitalization/medical/dental/disability and life insurance policy in effect at the time of termination through the full period of this Agreement, to continue to pay any premium to maintain the policy through the full period of this Agreement, and the Executive may, at his option and his expense at the end of this Agreement or termination, continue the policy without interruption until his death if permitted by the terms of such policy; and (iv) All stock options will immediately vest, and the stock granted to the Executive upon his exercise of such options shall be unrestricted except for any governmental restrictions and registered if the Company is a public company at the time of termination or subsequently becomes public.

Rights Upon Termination of Employment Without Cause Prior to the Termination. The Company company may terminate the Executive’s executive's services without Cause (as defined in Section 4.20 below) by delivering written notice of such termination to the Executive. In addition, any: any (i) Material material change of the Executive’s 's title, responsibilities, or authority by the Board without the Executive’s Elective's concurrence which is not cured within 30 days after notice by the Executive, ; or (ii) Material material breach by the Company of this Agreement which continues for 30 days after notice by the Executive, or Executive (iii) a change provided that the Executive shall not also be in control breach of the Company that is required to be reported by the Company on Form 8-K, this Agreement). shall be deemed termination by the Company without Causecause. In the event of termination pursuant to clauses (i), ) or (ii), or (iii) of the preceding sentence, the Executive shall be entitled to give notice of termination, which notice shall have the same effect as a notice delivered by the Company, or . If, prior to the Termination Date, the Company terminates the Executive’s 's employment for any reason other than Cause or Disability, then the Company shall: (i) Continue continue to pay the Executive (in the same manner as prior to such termination) after the date of such termination the compensation provided under Section 1.01 above through the Termination Date as if the Executive had been employed hereunder during such period; (ii) Pay pay of all bonuses quarterly as if the mutually agreed upon targets were met;; and (iii) Provide provide the Executive with continued coverage through the Termination Date under any employee benefit plan (as such term is defined in Section 3(3) of the Employee Date Executive Retirement Income Security Act Action of 1974, as amended) then maintained by the Company and in which the Executive then participates or any successor plan thereof. Notwithstanding 2.03(iii) Notwithstanding, 2.03 iii above, the Company hereby agrees to maintain the Executive’s hospitalization/'s hospitalization/ medical/dental/disability and life insurance policy in effect at the time of termination through the full period of this Agreement, to continue to pay any premium to maintain the policy through the full period of this Agreement, and the Executive may, at his option and his expense at the end of this Agreement or termination, continue the policy without interruption until his death if permitted by the terms of such policydeath; and (iv) All all stock options will immediately vest, vest and the stock granted to the Executive upon his exercise of such options shall options, such stock to be unrestricted except for any governmental restrictions and registered if the Company is a public company at the time of termination or subsequently becomes public.