Term; Termination; Equity. 4.1 Employer and Employee acknowledge and agree that the employment of Employee under this Agreement is for a term beginning on the Effective Date and, subject to earlier termination in accordance with this Section 4, ending at the close of business on December 31, 2021 (the “Term”). In the event that Employee’s employment terminates as a result of the expiration of the Term, Employee shall only be entitled to receive (i) accrued and unpaid Base Salary through the date of termination of employment, (ii) notwithstanding anything herein or in any bonus or incentive agreement, arrangement, plan, policy or program to the contrary, the aggregate amount of any unpaid Annual Bonuses, if applicable, for any fiscal year preceding fiscal year 2021, (iii) notwithstanding anything herein or in any bonus or incentive agreement, arrangement, plan, policy or program to the contrary, any Annual Bonus in respect of fiscal year 2021, (iv) reimbursement, within thirty (30) days following submission by Employee to Employer of appropriate supporting documentation, for any unreimbursed business expenses properly incurred by Employee in accordance with Employer’s policy prior to the date of Employee’s termination of employment; provided claims for such reimbursement (accompanied by appropriate supporting documentation) are submitted to Employer within ninety (90) days following the date of Employee’s termination of employment, and (v) all amounts and benefits then or thereafter due to Employee under the applicable terms of any applicable plan, program, award, agreement or arrangement (including any equity or equity-based plan, program, award, agreement or arrangement) of any member of the Employer Group in accordance with the terms and conditions of any such plan, program, award, agreement or arrangement. Such amounts in clauses (i) and (ii) above shall be paid in a lump sum within thirty (30) days after the date of Employee’s termination of employment and the amount in clause (iii) above shall be paid at such time as such Annual Bonus in respect of fiscal year 2021 is otherwise paid to similarly situated senior executives, but in no event later than March 15, 2022.
Term; Termination; Equity. 4.1 Employer and Employee acknowledge and agree that the employment of Employee under this Agreement is for a term beginning on the Effective Date and, subject to earlier termination in accordance with this Section 4, ending on the third (3rd) anniversary of the Effective Date (the “Term”).
