Common use of Term of Employment; Termination Clause in Contracts

Term of Employment; Termination. 2.1 The commencement date of your employment shall be July 28, 2010 (your “Start Date”). 2.2 Unless otherwise mutually agreed in writing, this Agreement and your employment by the Company pursuant to this Agreement shall be terminated on the earliest of: (a) your death, or any illness, disability or other incapacity that renders you physically unable regularly to perform your duties hereunder for a period in excess of one hundred twenty (120) consecutive days or more than one hundred eighty (180) days in any consecutive twelve (12) month period; (b) thirty (30) days after you, for any reason, give written notice to the Company of your resignation; or (c) immediately if the Company, with or without cause, gives written notice to you of your termination. 2.3 The determination regarding whether you are physically unable regularly to perform your duties (as described in Section 2.2(a)) shall be made by the Board of Directors. 2.4 Any notice required pursuant to this Section 2 shall be given in accordance with the provisions of Section 9 hereof. The exercise of either party’s right to terminate this Agreement pursuant to Sections 2.2(b) or (c) is not exclusive and shall not effect either party’s right to seek remedies for the other party’s breach, if any, giving rise to such termination. 2.5 You may be terminated with or without cause. If you are terminated without cause, you will be entitled to certain severance benefits as described in this Agreement. You shall be deemed terminated “for cause” if, in the reasonable determination of the Company, you (a) commit an act that is fraudulent, dishonest or a material breach of the Company’s policies, including wrongful disclosure of any trade secrets or other confidential information of the Company, or material breach of Section 4 of this Agreement or any material provision of the Employee Confidentiality Agreement (as defined in Section 5), (b) are convicted of a felony under federal, state, or local law applicable to the Company or (c) intentionally refuse, without proper cause, to substantially perform duties after a demand for such performance has been delivered in writing by the Company’s Chief Executive Officer or the Board of Directors, which notice shall specify the alleged instance of breach, and shall provide you with reasonable time in which to remedy such breach.

Term of Employment; Termination. 2.1 The commencement date of your employment shall be July 28May 1, 2010 2006 (your “Start Date”"START DATE"). You will commence service as Corporate Vice President and Chief Financial Officer effective upon the resignation of the Company's current Chief Financial Officer, which is anticipated to occur immediately following the filing with the Securities and Exchange Commission of the Company's Quarterly Report on Form 10-Q for the quarter ended March 31, 2006 on or before May 10, 2006. 2.2 Unless otherwise mutually agreed in writing, this Agreement and your employment by the Company pursuant to this Agreement shall be terminated on the earliest of: (a) your death, or any illness, disability or other incapacity that renders you physically unable regularly to perform your duties hereunder for a period in excess of one hundred twenty (120) consecutive days or more than one hundred eighty (180) days in any consecutive twelve (12) month period; (b) thirty (30) days after you, for any reason, give written notice to the Company of your resignation; or (c) immediately if the Company, with or without cause, gives written notice to you of your termination. 2.3 The determination regarding whether you are physically unable regularly to perform your duties (as described in Section SECTION 2.2(a)) shall be made by the Board of Directors. 2.4 Any notice required pursuant to this Section SECTION 2 shall be given in accordance with the provisions of Section SECTION 9 hereof. The exercise of either party’s 's right to terminate this Agreement pursuant to Sections SECTIONS 2.2(b) or (c) is are not exclusive and shall not effect either party’s 's right to seek remedies for the other party’s 's breach, if any, giving rise to such termination. 2.5 You may be terminated with or our without cause. If you are terminated without cause, you will be entitled to certain severance benefits as described in this Agreement. You shall be deemed terminated “for cause” "FOR CAUSE" if, in the reasonable determination of the Company, you (a) commit an act that is fraudulent, dishonest or a material breach of the Company’s 's policies, including wrongful disclosure of any trade secrets or other confidential information of the Company, or material breach of Section SECTION 4 of this Agreement or any material provision of the Employee Confidentiality Agreement (as defined in Section SECTION 5), (b) are convicted of a felony under federal, state, or local law applicable to the Company or (c) intentionally refuse, without proper cause, to substantially perform duties after a demand for such performance has been delivered in writing by the Company’s 's Chief Executive Officer or the Board of Directors, which notice shall specify the alleged instance of breach, and shall provide you with reasonable time in which to remedy such breach.

Term of Employment; Termination. 2.1 The commencement date of your employment shall be July 28August 6, 2010 2007 (your “"START DATE"); PROVIDED that if by your Start Date”, the Corporation has not filed its Quarterly Report on Form 10-Q for the quarter ended June 30, 2007 (the "FORM 10-Q")., then your appointment as Chief Financial Officer will not occur until the day immediately following the day the Corporation files the Form 10-Q. 2.2 Unless otherwise mutually agreed in writing, this Agreement and your employment by the Company pursuant to this Agreement shall be terminated on the earliest of: (a) your death, or any illness, disability or other incapacity that renders you physically unable regularly to perform your duties hereunder for a period in excess of one hundred twenty (120) consecutive days or more than one hundred eighty (180) days in any consecutive twelve (12) month period; (b) thirty (30) days after you, for any reason, give written notice to the Company of your resignation; or (c) immediately if the Company, with or without cause, gives written notice to you of your termination. 2.3 The determination regarding whether you are physically unable regularly to perform your duties (as described in Section SECTION 2.2(a)) shall be made by the Board of Directors. 2.4 Any notice required pursuant to this Section SECTION 2 shall be given in accordance with the provisions of Section SECTION 9 hereof. The exercise of either party’s 's right to terminate this Agreement pursuant to Sections SECTIONS 2.2(b) or (c) is not exclusive and shall not effect either party’s 's right to seek remedies for the other party’s 's breach, if any, giving rise to such termination. 2.5 You may be terminated with or without cause. If you are terminated without cause, you will be entitled to certain severance benefits as described in this Agreement. You shall be deemed terminated “for cause” "FOR CAUSE" if, in the reasonable determination of the Company, you (a) commit an act that is fraudulent, dishonest or a material breach of the Company’s 's policies, including wrongful disclosure of any trade secrets or other confidential information of the Company, or material breach of Section SECTION 4 of this Agreement or any material provision of the Employee Confidentiality Agreement (as defined in Section SECTION 5), (b) are convicted of a felony under federal, state, or local law applicable to the Company or (c) intentionally refuse, without proper cause, to substantially perform duties after a demand for such performance has been delivered in writing by the Company’s 's Chief Executive Officer or the Board of Directors, which notice shall specify the alleged instance of breach, and shall provide you with reasonable time in which to remedy such breach.

Term of Employment; Termination. 2.1 The commencement date of your employment shall be July 28February 14, 2010 2011 (your “Start Date”). 2.2 Unless otherwise mutually agreed in writing, this Agreement and your employment by the Company pursuant to this Agreement shall be terminated on the earliest of: (a) your death, or any illness, disability or other incapacity that renders you physically unable regularly to perform your duties hereunder for a period in excess of one hundred twenty (120) consecutive days or more than one hundred eighty (180) days in any consecutive twelve (12) month period; (b) thirty (30) days after you, for any reason, give written notice to the Company of your resignation; or (c) immediately if the Company, with or without cause, gives written notice to you of your termination. 2.3 The determination regarding whether you are physically unable regularly to perform your duties (as described in Section 2.2(a)) shall be made by the Board of Directors. 2.4 Any notice required pursuant to this Section 2 shall be given in accordance with the provisions of Section 9 hereof. The exercise of either party’s right to terminate this Agreement pursuant to Sections 2.2(b) or (c) is not exclusive and shall not effect either party’s right to seek remedies for the other party’s breach, if any, giving rise to such termination. 2.5 You may be terminated with or without cause. If you are terminated without cause, you will be entitled to certain severance benefits as described in this Agreement. You shall be deemed terminated “for cause” if, in the reasonable determination of the Company, you (a) commit an act that is fraudulent, dishonest or a material breach of the Company’s policies, including wrongful disclosure of any trade secrets or other confidential information of the Company, or material breach of Section 4 of this Agreement or any material provision of the Employee Confidentiality Agreement (as defined in Section 5), (b) are convicted of a felony under federal, state, or local law applicable to the Company or (c) intentionally refuse, without proper cause, to substantially perform duties after a demand for such performance has been delivered in writing by the Company’s Chief Executive Officer or the Board of Directors, which notice shall specify the alleged instance of breach, and shall provide you with reasonable time in which to remedy such breach.

Term of Employment; Termination. 2.1 The commencement effective date of your employment shall be July 28this Agreement is March 8, 2010 (your “Start Date”)2000. 2.2 Unless otherwise mutually agreed in writing, this Agreement and your employment by the Company pursuant to this Agreement shall be terminated on the earliest of: (a) your death, or any illness, disability or other incapacity in such a manner that renders you are physically rendered unable regularly to perform your duties duties 1. hereunder for a period in excess of one hundred twenty (120) consecutive days or more than one hundred eighty (180) days in any consecutive twelve (12) month period; (b) thirty (30) days after you, for any reason, give written notice to the Company of your resignation; ortermination; (c) immediately if thirty (30) days after the Company, with or without cause, gives written notice to you of your termination; and (d) five (5) years from the date hereof. 2.3 The determination regarding whether you are physically unable regularly to perform your duties under (as described in Section 2.2(a)a) above shall be made by the Board of Directors. Your inability to be physically present on the Company's premises shall not constitute a presumption that you are unable to perform such duties. 2.4 Any notice required to be given pursuant to this Section 2 shall be given in accordance with the provisions of Section 9 10 hereof. The exercise of either party’s 's right to terminate this Agreement pursuant to Sections 2.2(bsubsections (b) or (c) is not exclusive and above shall not effect either party’s right to seek abrogate the rights and remedies for of the other party’s terminating party regarding the breach, if any, giving rise to such termination. 2.5 You may be terminated with or without cause. If you are terminated without cause, you will be entitled to certain severance benefits as described in this Agreement. You shall be deemed terminated “for cause” cause if, in the reasonable determination of the Company's Board of Directors, you (a) commit an act that is fraudulentare convicted of any felony or of any crime involving moral turpitude, dishonest or a material breach of participate in any fraud against the Company’s policies, including wrongful disclosure of or willfully breach your duties to the Company, or wrongfully disclose any trade secrets or other confidential information of the Company, or material materially breach of Section 4 of this Agreement or any material provision of the Employee Confidentiality Agreement (as defined in Section 5)Proprietary Information Agreement, (b) are convicted of a felony under federal, state, or local law applicable to between you and the Company or (c) intentionally refuse, without proper cause, to substantially perform duties after a demand for such performance has been delivered in writing by the Company’s Chief Executive Officer or the Board of Directors, which notice shall specify the alleged instance of breach, and shall provide you with reasonable time in which to remedy such breach"Proprietary Information Agreement").

Term of Employment; Termination. 2.1 The commencement date of your employment shall be July 28January 1, 2010 2002 (your “"Start Date”"). 2.2 Unless otherwise mutually agreed in writing, this Agreement and your employment by the Company pursuant to this Agreement shall be terminated on the earliest of: (a) your death, or any illness, disability or other incapacity in such a manner that renders you are physically rendered unable regularly to perform your duties hereunder for a period in excess of one hundred twenty (120) consecutive days or more than one hundred eighty (180) days in any consecutive twelve (12) month period; (b) thirty (30) days after you, for any reason, give written notice to the Company of your resignationtermination; or (c) immediately if the Company, with or without cause, gives written notice to you of your termination. 2.3 The determination regarding whether you are physically unable regularly to perform your duties under (as described in Section 2.2(a)a) above shall be made by the Board of Directors. 2.4 Any notice required to be given pursuant to this Section 2 shall be given in accordance with the provisions of Section 9 hereof. The exercise of either party’s 's right to terminate this Agreement pursuant to Sections 2.2(bsubsections (b) or (c) is not exclusive and above shall not effect either party’s right to seek abrogate the rights and remedies for of the other party’s terminating party regarding the breach, if any, giving rise to such termination. 2.5 You may be terminated with or without cause. If you are terminated without cause, you will be entitled to certain severance benefits as described in this Agreement. You shall be deemed terminated “"for cause” " if, in the reasonable determination of the Company, you (a) commit an act that is fraudulent, dishonest or a material breach of the Company’s 's policies, including wrongful disclosure of any trade secrets or other confidential information of the Company, or material breach of Section 4 of this Agreement or any material provision of the Employee Confidentiality the Proprietary Information Agreement (as defined in Section 5), (b) are convicted of a felony under federal, state, or local law applicable to the Company or (c) intentionally refuse, without proper cause, to substantially perform duties after a demand for such performance has been delivered in writing by the Company’s 's Chief Executive Officer or the Board of Directors, which notice shall specify the alleged instance of breach, and and, shall provide you with reasonable time in which to remedy such breach.

Term of Employment; Termination. 2.1 (a) The commencement Company shall employ the Executive, and the Executive shall serve the Company, for a period (the “Term of Employment”) commencing on the date hereof and terminating on the earliest to occur of the following: (i) Two (2) years after either party gives written notice to the other to stop the daily “evergreen” feature of extending the Term of Employment so that the time remaining in the Term of Employment will, up to and including the date of your employment shall such written notice, be July 28at least two (2) years; (ii) the date on which the Company gives written notice to the Executive of termination due to the Executive’s being unable, 2010 (your “Start Date”). 2.2 Unless otherwise mutually agreed in writingbecause of physical or mental illness or disability, this Agreement and your employment to perform his duties hereunder; provided, however, that such notice may not be given by the Company pursuant to this Agreement shall be terminated on unless the earliest of: (a) your deathExecutive has been unable, because of such illness or any illnessdisability, disability or other incapacity that renders you physically unable regularly to perform your his duties hereunder for a period in excess an aggregate of one hundred twenty (120) consecutive working days or more than one hundred eighty ninety (18090) consecutive working days during the twelve calendar months preceding the month in any consecutive twelve (12) month periodwhich such notice is given; (biii) the death of the Executive; (iv) the date on which the Company gives written notice to the Executive of termination for Cause; (v) thirty (30) days after you, for any reason, give the date on which the Company gives the Executive notice of termination without Cause; or (vi) ninety (90) days after the date on which the Executive gives written notice to the Company of your resignation; ortermination with or without Good Reason. (b) Where reference is made in this Agreement to termination being by the Company for Cause, Cause shall be limited to the following: the Executive has (a) been convicted of, or pleaded guilty or nolo contendere to, a felony involving theft, moral turpitude or fraud, including fraud against the Company or under federal or state security laws, or (b) engaged in gross neglect or gross misconduct, or habitual misuse of drugs or alcohol, resulting in any case, in material injury to the business, reputation or affairs of the Company. (c) immediately if Where reference is made in this Agreement to termination being by the CompanyExecutive for Good Reason, Good Reason shall mean (i) the assignment to the Executive of duties inconsistent in any respect with the Executive’s position, including status, offices, titles and reporting relationships, authority, duties or without causeresponsibilities as contemplated by this Agreement, gives or any other action by the Company which results in the significant diminution in such a position, authority, duties or responsibilities, in both cases, excluding any isolated, immaterial, or inadvertent action not taken in bad faith and which is remedied by the Company promptly after receipt of a written notice to you of your termination. 2.3 The determination regarding whether you are physically unable regularly to perform your duties (as described in Section 2.2(a)) shall be made thereof given by the Board of Directors. 2.4 Any notice required pursuant Executive to this Section 2 shall be given in accordance with the provisions of Section 9 hereof. The exercise of either party’s right Board; (ii) any failure by the Company to terminate this Agreement pursuant provide compensation and benefits to Sections 2.2(b) or (c) is not exclusive and shall not effect either party’s right to seek remedies for the other party’s breach, if any, giving rise to such termination. 2.5 You may be terminated with or without cause. If you are terminated without cause, you will be entitled to certain severance benefits as Executive described in this Agreement. You shall be deemed terminated “for cause” if, other than an isolated, immaterial, or inadvertent failure not taken in bad faith and which is remedied by the reasonable determination Company promptly after receipt of written notice thereof given by the Executive to the Board; (iii) failure of the CompanyCompany to obtain the assumption in writing of its obligations under the Agreement by any successor to all or substantially all of the assets of the Company within thirty (30) calendar days after the consummation of a merger, you consolidation, sale or similar transaction; (aiv) commit an act that is fraudulent, dishonest or a any other material breach by the Company of its obligations to the Executive under this Agreement which is not remedied by the Company promptly after receipt of written notice thereof given by the Executive to the Board; (v) relocation of the Company’s policies, including wrongful disclosure of any trade secrets or other confidential information of headquarters more than 20 miles from its current headquarters in Seattle without the Company, or material breach of Section 4 of this Agreement or any material provision of the Employee Confidentiality Agreement Executive’s consent; (vi) following a Change in Control (as defined in Section 55 hereof), the Executive ceases to hold the position of President and Chief Executive Officer of the parent or combined entity resulting from such Change in Control; or (bvii) are convicted even if there is no Change in Control, but the Company enters into a merger, partnership or similar transaction, which results in a person other than the Executive becoming President and CEO of a felony under federalthe new combined entity. Notwithstanding the foregoing, state, or local law applicable an event shall not constitute Good Reason hereunder unless the Executive has given notice of termination pursuant to this Section 3(c) within six (6) months of such event constituting Good Reason. (d) No termination of the Term of Employment by either the Company or (c) intentionally refuse, without proper cause, the Executive for any reason will affect in any way any accrued benefits to substantially perform duties after a demand for such performance has been delivered in writing by which the Company’s Chief Executive Officer or may be entitled as of the Board date of Directors, which notice shall specify the alleged instance of breach, and shall provide you with reasonable time in which to remedy such breachtermination.

Term of Employment; Termination. 2.1 3.1 The commencement date of your employment shall be July 28January 6, 2010 2003 (your “"Start Date”"). 2.2 3.2 Unless otherwise mutually agreed in writing, this Agreement and your employment by the Company pursuant to this Agreement shall be terminated on the earliest of: (a) your death, or any illness, disability or other incapacity in such a manner that renders you are physically rendered unable regularly to perform your duties hereunder for a period in excess of one hundred twenty (120) consecutive days or more than one hundred eighty (180) days in any consecutive twelve (12) month period; (b) thirty (30) days after you, for any reason, give written notice to the Company of your resignationtermination; or (c) immediately if the Company, with or without cause, gives written notice to you of your termination. 2.3 3.3 The determination regarding whether you are physically unable regularly to perform your duties under (as described in Section 2.2(a)a) above shall be made by the Board of DirectorsDirectors and shall be consistent with the definition of disability for the purposes of your long term disability insurance. 2.4 3.4 Any notice required to be given pursuant to this Section 2 shall be given in accordance with the provisions of Section 9 10 hereof. The exercise of either party’s 's right to terminate this Agreement pursuant to Sections 2.2(bsubsections (b) or (c) is not exclusive and above shall not effect either party’s right to seek abrogate the rights and remedies for of the other party’s terminating party regarding the breach, if any, giving rise to such termination. 2.5 3.5 You may be terminated with or without cause. If you are terminated without cause, you will be entitled to certain severance benefits as described in this Agreement. You shall be deemed terminated “for cause” cause if, in the reasonable determination of the Company, you (a) commit an act that is fraudulent, dishonest or a material breach of the Company’s 's policies, including wrongful disclosure of any trade secrets or other confidential information of the Company, or material breach of Section 4 of this Agreement or any material provision of the Employee Confidentiality Proprietary Information Agreement (as defined in Section 5), (b) are convicted of a felony under federal, state, or local law applicable to the Company or (c) intentionally refuse, without proper cause, to substantially perform duties after a demand for such performance has been delivered in writing by the Company’s Chief Executive Officer 's Chairman or the Board of Directors, which notice shall specify the alleged instance of breach, and and, shall provide you with reasonable time in which to remedy such breach.

Term of Employment; Termination. 2.1 The commencement date of your employment shall be July 28, 2010 (your “Start Date”). 2.2 Unless otherwise mutually agreed in writing, this Agreement and your employment by the Company pursuant to this Agreement shall be terminated on the earliest of: (a) your death, or any illness, disability or other incapacity that renders you physically unable regularly to perform your duties hereunder for a period in excess of one hundred twenty (120) consecutive days or more than one hundred eighty (180) days in any consecutive twelve (12) month period; (b) thirty (30) days after you, for any reason, give written notice to the Company of your resignation; or (c) immediately if the Company, with or without cause, gives written notice to you of your termination. 2.3 2.2 The determination regarding whether you are physically unable regularly to perform your duties (as described in Section 2.2(a2.1(a)) shall be made by the Board of Directors. 2.4 2.3 Any notice required pursuant to this Section 2 shall be given in accordance with the provisions of Section 9 hereof. The exercise of either party’s right to terminate this Agreement pursuant to Sections 2.2(b2.1(b) or (c) is not exclusive and shall not effect either party’s right to seek remedies for the other party’s breach, if any, giving rise to such termination. 2.5 2.4 You may be terminated with or without cause. If you are terminated without cause, you will be entitled to certain severance benefits as described in this Agreement. You shall be deemed terminated “for cause” if, in the reasonable determination of the Company, you (a) commit an act that is fraudulent, dishonest or a material breach of the Company’s policies, including wrongful disclosure of any trade secrets or other confidential information of the Company, or material breach of Section 4 of this Agreement or any material provision of the Employee Confidentiality Agreement (as defined in Section 5), (b) are convicted of a felony under federal, state, or local law applicable to the Company or (c) intentionally refuse, without proper cause, to substantially perform duties after a demand for such performance has been delivered in writing by the Company’s Chief Executive Officer or the Board of Directors, which notice shall specify the alleged instance of breach, and shall provide you with reasonable time in which to remedy such breach.