Common use of Termination as a Result of Death or Disability Clause in Contracts

Termination as a Result of Death or Disability. If the Employee’s employment with the Company is terminated as a result of Death or by the Employee due to Disability, then the Employee (or his estate) shall be entitled to the following severance benefits: (i) The vesting of all stock options and shares of restricted stock granted by the Company to the Employee prior to the Termination Date shall be accelerated such that the Employee is vested in the number of stock options and shares of restricted stock as the Employee would have been vested had the Employee’s employment with the Company continued for a period of twelve (12) months following the Termination Date.

Termination as a Result of Death or Disability. If the Employee’s employment with the Company is terminated as a result of Death or by the Employee due to Disability, then the Employee (or his estate) shall be entitled to the following severance benefits: (i) The vesting of all stock options and shares of restricted stock granted by the Company to the Employee prior to the Termination Date shall be accelerated such that the Employee is vested in the number of stock options and shares of restricted stock as the Employee would have been vested had the Employee’s employment with the Company continued for a period of twelve (12) months following the Termination Date; provided, however that in no event shall vesting acceleration apply to any of the Excluded Shares.