Common use of Severance Benefits and Conditions Clause in Contracts

Severance Benefits and Conditions. (a) In the event of (i) Termination Without Cause by the Company, or (ii) the termination of Employee’s employment with the Company by Employee for Good Reason within 30 days following the earlier of (1) the Company’s failure to cure within the 30-day period set forth in the definition of Good Reason, and (2) the Company’s notice to Employee that it will not cure the event giving rise to such termination for Good Reason, then (A) Employee shall receive upon such termination a lump sum amount equal to the number of months constituting the Severance Period at the time of termination times the Employee’s monthly base salary (determined as the Employee’s highest monthly base salary paid to Employee while employed by the Company; base salary does not include any bonus, commissions or other incentive payments or compensation); (B) subject to Section 2(b) below, Employee shall be entitled to a continuation of all Health and Welfare Benefits for Employee and, if applicable, Employee’s eligible dependents during the Severance Period at the time they would have been provided or paid had the Employee remained an employee of Company during the Severance Period and at the levels provided prior to the event giving rise to a termination; and (C) the Company shall make available to Employee career transition services at a level and with a provider selected by the Company in accordance with Section 2(g) below.

Appears in 9 contracts

Samples: Severance Benefits Agreement (AutoWeb, Inc.), Severance Benefits Agreement (AutoWeb, Inc.), Severance Benefits Agreement (AutoWeb, Inc.)

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Severance Benefits and Conditions. (a) In the event of (i) Termination Without Cause by the Company, or (ii) the termination of Employee’s employment with the Company by Employee for Good Reason within 30 days following of the earlier of (1i) the expiration of the Company’s failure to cure within the 30-day period right to cure as set forth in the definition of Good Reason, and or (2ii) the Company’s notice to Employee that it will not cure the event giving rise to such termination for Good Reason, then (A) Employee shall receive upon such termination (A) a lump sum amount equal to the number of months constituting the Severance Period at the time of termination times the Employee’s monthly base salary (determined as the Employee’s highest monthly base salary paid to Employee while employed by the Company; base salary does not include any bonus, commissions bonus or other incentive payments or compensation); (B) subject to Section 2(b) below, Employee shall be entitled to a continuation of all Health and Welfare Benefits for Employee and, if applicable, Employee’s eligible dependents during the Severance Period at the time they would have been provided or paid had the Employee remained an employee of Company during the Severance Period and at the levels provided prior to the event giving rise to a termination; and (C) the Company shall make available any amounts due and owing to Employee career transition services at a level as of the termination date with respect to any base salary, bonus or commissions; and (D) any other payments required by applicable law (including payments with a provider selected by the Company respect to accrued and unused vacation, personal, sick and other days), subject, in accordance with Section 2(g) beloweach case, to withholding for applicable taxes.

Appears in 3 contracts

Samples: Severance Benefits Agreement (Autobytel Inc), Severance Benefits Agreement (Autobytel Inc), Severance Benefits Agreement (Autobytel Inc)

Severance Benefits and Conditions. (a) In the event of (i) Termination Without Cause by the Company, or (ii) the termination of Employee’s 's employment with the Company by Employee for Good Reason within 30 days following the earlier of (1) the Company’s 's failure to cure within the 30-day period set forth in the definition of Good Reason, and (2) the Company’s 's notice to Employee that it will not cure the event giving rise to such termination for Good Reason, then (A) Employee shall receive upon such termination a lump sum amount equal to the number of months constituting the Severance Period at the time of termination times the Employee’s 's monthly base salary (determined as the Employee’s 's highest monthly base salary paid to Employee while employed by the Company; base salary does not include any bonus, commissions or other incentive payments or compensation); (B) subject to Section 2(b) below, Employee shall be entitled to a continuation of all Health and Welfare Benefits for Employee and, if applicable, Employee’s 's eligible dependents during the Severance Period at the time they would have been provided or paid had the Employee remained an employee of Company during the Severance Period and at the levels provided prior to the event giving rise to a termination; and (C) the Company shall make available to Employee career transition services at a level and with a provider selected by the Company in accordance with Section 2(g) below.

Appears in 3 contracts

Samples: Severance Benefits Agreement (Autobytel Inc), Severance Benefits Agreement (Autobytel Inc), Severance Benefits Agreement (Autobytel Inc)

Severance Benefits and Conditions. (a) In the event of (i) Termination Without Cause by the Company, or (ii) the termination of Employee’s employment with the Company by Employee for Good Reason within 30 days following of the earlier of (1i) the expiration of the Company’s failure to cure within the 30-day period right to cure as set forth in the definition of Good Reason, and or (2ii) the Company’s notice to Employee that it will not cure the event giving rise to such termination for Good Reason, then (A) Employee shall receive upon such termination (A) a lump sum amount equal to the number twelve months (“Severance Period”) of months constituting the Severance Period at the time of termination times the Employee’s monthly annual base salary (determined as the Employee’s highest monthly annual base salary paid to Employee while employed by the Company; with the annual base salary does not include any bonus, commissions or other incentive payments or compensationincluding bonus payments); (B) subject to Section 2(b) below, Employee shall be entitled to a continuation of all Health and Welfare Benefits for Employee and, if applicable, Employee’s eligible dependents during the Severance Period at the time they would have been provided or paid had the Employee remained an employee of Company during the Severance Period and at the levels provided prior to the event giving rise to a termination; and (C) the Company shall make available any amounts due and owing to Employee career transition services at a level as of the termination date with respect to any base salary, bonus or commissions; and (D) any other payments required by applicable law (including payments with a provider selected by the Company respect to accrued and unused vacation, personal, sick and other days), subject, in accordance with Section 2(g) beloweach case, to withholding for applicable taxes.

Appears in 3 contracts

Samples: Severance Agreement (Autobytel Inc), Severance Agreement (Autobytel Inc), Severance Agreement (Autobytel Inc)

Severance Benefits and Conditions. (a) In the event of (i) a Termination Without Cause by the Company, or (ii) the termination of Employee’s employment with the Company by Employee for Good Reason within 30 days following the earlier of (1) the Company’s failure to cure within the 30-day period set forth in the definition of Good Reason, and (2) the Company’s notice to Employee that it will not cure the event giving rise to such termination for Good Reason, then (A) Employee shall receive upon such termination a lump sum amount equal to the number of months constituting the Severance Period at the time of termination times the Employee’s monthly base salary (determined as the Employee’s highest monthly base salary paid to Employee while employed by the Company; base salary does not include any bonus, commissions or other incentive payments or compensation); (B) subject to Section 2(b) below, Employee shall be entitled to a continuation of all Health and Welfare Benefits for Employee and, if applicable, Employee’s eligible dependents during the Severance Period at the time they would have been provided or paid had the Employee remained an employee of Company during the Severance Period and at the levels provided prior to the event giving rise to a termination; and (C) the Company shall make available to Employee career transition services at a level and with a provider selected by the Company in accordance with Section 2(g) below.

Appears in 2 contracts

Samples: Severance Benefits Agreement (AutoWeb, Inc.), Severance Benefits Agreement (AutoWeb, Inc.)

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Severance Benefits and Conditions. (a) In the event of (i) Termination Without Cause by the Company, or (ii) the termination of Employee’s employment with the Company by Employee for Good Reason within 30 days following of the earlier of (1) the expiration of the Company’s failure to cure within the 30-day period right to cure as set forth in the definition of Good Reason, and or (2) the Company’s notice to Employee that it will not cure the event giving rise to such termination for Good Reason, then (A) Employee shall receive upon such termination a lump sum amount equal to the number of months constituting the Severance Period at the time of termination terminations times the Employee’s monthly base salary (determined as the Employee’s highest monthly base salary paid to Employee while employed by the Company; base salary does not include any bonus, commissions bonus or other incentive payments or compensation); (B) subject to Section 2(b) below, Employee shall be entitled to a continuation of all Health and Welfare Benefits for Employee and, if applicable, Employee’s eligible dependents during the Severance Period at the time they would have been provided or paid had the Employee remained an employee of Company during the Severance Period and at the levels provided prior to the event giving rise to a termination; and (C) the Company shall make available to Employee career transition services at a level and with a provider selected by the Company in accordance with Section 2(g) below.

Appears in 1 contract

Samples: Severance Benefits Agreement (Autobytel Inc)

Severance Benefits and Conditions. (a) In the event of (i) Termination Without Cause by the Company, or (ii) the termination of Employee’s employment with the Company by Employee for Good Reason within 30 days following of the earlier of (1) the expiration of the Company’s failure to cure within the 30-day period right to cure as set forth in the definition of Good Reason, and or (2) the Company’s notice to Employee that it will not cure the event giving rise to such termination for Good Reason, then (A) Employee shall receive upon such termination a lump sum amount equal to the number of months constituting the Severance Period at the time of termination times the Employee’s monthly base salary (determined as the Employee’s highest monthly base salary paid to Employee while employed by the Company; base salary does not include any bonus, commissions bonus or other incentive payments or compensation); (B) subject to Section 2(b) below, Employee shall be entitled to a continuation of all Health and Welfare Benefits for Employee and, if applicable, Employee’s eligible dependents during the Severance Period at the time they would have been provided or paid had the Employee remained an employee of Company during the Severance Period and at the levels provided prior to the event giving rise to a termination; and (C) the Company shall make available to Employee career transition services at a level and with a provider selected by the Company in accordance with Section 2(g) below.

Appears in 1 contract

Samples: Severance Benefits Agreement (Autobytel Inc)

Severance Benefits and Conditions. (a) In the event of (i) Termination Without Cause by the Company, or (ii) the termination of Employee’s employment with the Company by Employee for Good Reason within 30 days following the earlier of (1) the Company’s failure to cure within the 30-day period set forth in the definition of Good Reason, and (2) the Company’s notice to Employee that it will not cure the event giving rise to such termination for Good Reason, then (A) Employee shall receive upon such termination a lump sum amount equal to the number of months constituting the Severance Period at the time of termination times the Employee’s monthly base salary (determined as the Employee’s highest monthly base salary paid to Employee while employed by the Company; base salary does not include any bonus, commissions or other incentive payments or compensation); (B) subject to Section 2(b) below, Employee shall be entitled to a continuation of all Health and Welfare Benefits for Employee and, if applicable, Employee’s eligible dependents during the Severance Period at the time they would have been provided or paid had the Employee remained an employee of Company during the Severance Period and at the levels provided prior to the event giving rise to a termination; (C) the amount of Employee’s annual incentive compensation plan payout for the annual incentive compensation plan year in which Employee’s date of termination occurred, based on actual performance for the entire performance period and prorated for the amount of time Employee was employed by the Company prior to the date of termination during such plan year and (CD) the Company shall make available to Employee career transition services at a level and with a provider selected by the Company in accordance with Section 2(g) below.

Appears in 1 contract

Samples: Severance Benefits Agreement (AutoWeb, Inc.)

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