Common use of Termination by the Bank Other Clause in Contracts

Termination by the Bank Other. Than Due to Death, Disability, Retirement or For Cause; Termination of Executive. If this Agreement is terminated by the Bank for any reason other than death, disability, retirement or for cause as set forth in Section 5(i) or (ii), or is terminated by the Executive pursuant to Section 5(iv), then, following the Date of Termination: (A) In lieu of any further salary payments to the Executive for a period subsequent to the Termination Date, the Executive shall receive severance pay in the form of payments continuing for the remaining unexpired portion of the Employment Term, fully restored as of the Termination Date, at the times provided in Section 4(i) and 4 (ii) ("Severance Payments") and based on his highest rate of Base Salary within the 3 years preceding his Termination Date and his total cash bonus paid in his most recently completed calendar year of employment. In the event of a termination as a result of a change in control, the Executive may elect to receive the Severance Payments calculated above in one lump-sum, subject to any applicable limitations set forth in Section 6 below; provided that the amount of Severance Payment in connection with a change in control shall be at least equal to the particular Executive's annual compensation as of the Termination Date. (B) In addition to the retirement benefits to which the Executive is entitled under the Bank's Group Pension Plan, 401(k) Plan, and ESOP, as amended from time to time (the "Retirement Plans"), the Executive shall receive additional severance retirement benefits payable under this Agreement, which benefits (except as provided below) shall be determined in accordance with, and payable in the form and at the times provided in, the respective Retirement Plans. Such benefits shall be determined as if the Executive were fully vested under each Retirement Plan and had accumulated (after any termination under this Agreement) the additional years of credited service and/or allocations and Employer contributions under each of said Plans that he would have received had he continued in the employment of the Bank for the entire Employment Term at the levels of Base Salary and cash bonus used to calculate the Severance Payments pursuant to subsection 5(vi)(A) above. (C) In addition to all other amounts payable under this section 5, Executive shall be entitled to coverage under any group health, life, dental, or other group insurance plans (as well as under any individual life coverages provided by the Bank on Executive's behalf) for the remainder of the Employment Term upon his continued payment of any required employee contribution at the rate in effect as of his Termination Date and to receipt of all benefits otherwise payable to Executive under (i) any tax qualified Bank plan or agreement relating to pension or retirement benefits, and (ii) any other Bank plan or agreement, regardless of tax status, established to provide deferred compensation, retirement, or other benefits for the Executive. (D) If Executive is under fifty-five (55) years of age on the Termination Date, Executive shall take reasonable steps to obtain employment and thereby mitigate the amount of compensation and benefits due under Section 5(vi); provided, however, that Executive shall not be required to accept a position other than one within a 25 mile radius of the City of LaCrosse, Wisconsin. If the Executive is fifty-five (55) years of age or older on the Termination Date or if Executive determines upon the advice of a qualified independent physician that he is physically or medically unable to substantially perform duties with another employer comparable to those performed by him with the Bank, the Executive shall have no obligation to seek other employment. Notwithstanding the foregoing, and regardless of age, during any portion of the Employment term remaining after the Termination Date, if the Executive becomes employed on a full-time basis by another employer, then to the extent the Executive shall receive compensation, benefits or service credit from such other employer, the aggregate amount of all compensation to be paid and benefits and service credit to be provided by the Bank under this Agreement shall be correspondingly reduced. (E) The requirement for mitigation, as set forth in Section 5 (vi)(D) above, shall not apply with respect to any termination under Section 5(iv) subsequent to a change in control.

Termination by the Bank Other. Than Due to Death, Disability, Retirement or For Cause; Termination of Executive. If this Agreement is terminated by the Bank for any reason other than death, disability, retirement or for cause as set forth in Section 5(i) or (ii), or is terminated by the Executive pursuant to Section 5(iv), then, following the Date of Termination: (A) In lieu of any further salary payments to the Executive for a period subsequent to the Termination Date, the Executive shall receive severance pay in the form of payments continuing for the remaining unexpired portion of the Employment Term, fully restored as of the Termination Date, at the times provided in Section 4(i) and 4 (ii) ("Severance Payments") and based on his highest rate of Base Salary within the 3 years preceding his Termination Date and his total cash bonus paid in his most recently completed calendar year of employment. In the event of a termination as a result of a change in control, the Executive may elect to receive the Severance Payments calculated above in one lump-lump sum, subject to any applicable limitations set forth in Section 6 below; provided that the amount of Severance Payment in connection with a change in control shall be at least equal to the particular Executive's annual compensation as of the Termination Date. (B) In addition to the retirement benefits to which the Executive is entitled under the Bank's Group Pension Plan, 401(k) Plan, and ESOP, as amended from time to time (the "Retirement Plans"), the Executive shall receive as additional severance retirement benefits payable under this Agreement, which benefits (except as provided below) shall be determined in accordance with, and payable in the form and at the times provided in, the respective Retirement Plans. Such benefits shall be determined as if the Executive were fully vested under each Retirement Plan and had accumulated (after any termination under this Agreement) the additional years of credited service and/or allocations and Employer contributions under each of said Plans that he would have received had he continued in the employment of the Bank for the entire Employment Term at the levels of Base Salary and cash bonus used to calculate the Severance Payments pursuant to subsection 5(vi)(A) above. (C) In addition to all other amounts payable under this section 5, Executive shall be entitled to coverage under any group health, life, dental, or other group insurance plans (as well as under any individual life coverages provided by the Bank on Executive's behalf) for the remainder of the Employment Term upon his continued payment of any required employee contribution at the rate in effect as of his Termination Date and to receipt of all benefits otherwise payable to Executive under (i) any tax qualified Bank plan or agreement relating to pension or retirement benefits, and (ii) any other Bank plan or agreement, regardless of tax status, established to provide deferred compensation, retirement, or other benefits for the Executive. (D) If Executive is under fifty-five (55) years of age on the Termination Date, Executive shall take reasonable steps to obtain employment and thereby mitigate the amount of compensation and benefits due under Section 5(vi); provided, however, that Executive shall not be required to accept a position other than one within a 25 mile radius of the City of LaCrosse, Wisconsin. If the Executive is fifty-five (55) years of age or older on the Termination Date or if Executive determines upon the advice of a qualified independent physician that he is physically or medically unable to substantially perform duties with another employer comparable to those performed by him with the Bank, the Executive shall have no obligation to seek other employment. Notwithstanding the foregoing, and regardless of age, during any portion of the Employment term remaining after the Termination Date, if the Executive becomes employed on a full-time basis by another employer, then to the extent the Executive shall receive compensation, benefits or service credit from such other employer, the aggregate amount of all compensation to be paid and benefits and service credit to be provided by the Bank under this Agreement shall be correspondingly reduced. (E) The requirement for mitigation, as set forth in Section 5 (vi)(D) above, shall not apply with respect to any termination under Section 5(iv) subsequent to a change in control.

Termination by the Bank Other. Than Due to Death, Disability, Retirement or For Cause; Termination of Executive. If this Agreement is terminated by the Bank for any reason other than death, disability, retirement or for cause as set forth in Section 5(i) or (ii), or is terminated by the Executive pursuant to Section 5(iv), then, following the Date of Termination: (A) In lieu of any further salary payments to the Executive for a period subsequent to the Termination Date, the Executive shall receive severance pay in the form of payments continuing for the remaining unexpired portion of the Employment Term, fully restored as of the Termination Date, in the amount and at the times provided in Section 4(i) and 4 (ii) ("Severance Payments") and based on his highest rate of Base Salary within the 3 years preceding his Termination Date and his total cash bonus paid in his most recently completed calendar year of employment). In the event of a termination as a result of a change in control, the Executive may elect to receive the Severance Payments calculated above Payment in one lump-lump sum, calculated on the basis of his average annual compensation for the past three years multiplied by the time remaining to the end of the term of this Agreement, fully restored as of the Termination Date, subject to any applicable limitations set forth in Section 6 below; provided that the amount of such Severance Payment in connection with a change in control shall be at least equal to the particular Executive's annual compensation as of the Termination Date. (B) In addition to the retirement benefits to which the Executive is entitled under the Bank's Group Pension Plan, 401(k) Plan, and ESOP, as amended from time to time (the "Retirement PlansPension Plan"), the Executive shall receive as additional severance benefits a retirement benefits payable benefit under this Agreement, which benefits benefit (except as provided below) shall be determined in accordance with, and payable in the form and at the times provided in, the respective Retirement PlansPension Plan. Such benefits shall be determined as if the Executive were fully vested under each Retirement the Pension Plan and had accumulated (after any termination under this Agreement) the additional years of credited service and/or allocations and Employer contributions under each of said Plans the Pension Plan that he would have received had he continued in the employment of the Bank for the entire Employment Term at the levels highest annual rate of Base Salary in effect during the twelve (12) months immediately preceding the Termination Date. Such Base Salary shall be deemed to represent the compensation (as defined in the Pension Plan) received by the Executive during each such additional year for purposes of determining his additional retirement benefits under this Subsection 5(vi), subject to Chapter V of the Pension Plan and cash bonus used as it may be amended from time to calculate the Severance Payments pursuant to subsection 5(vi)(A) abovetime. (C) In addition to all other amounts payable under this section 5, Executive shall be entitled to coverage under any group health, life, dental, or other group insurance plans (as well as under any individual life coverages provided by the Bank on Executive's behalf) for the remainder of the Employment Term upon his continued payment of any required employee contribution at the rate in effect as of his Termination Date and to receipt of receive all benefits otherwise payable to Executive under (i) any tax qualified Bank plan or agreement relating to pension or retirement benefits, and (ii) any other Bank plan or agreement, regardless of tax status, established to provide deferred compensation, retirement, or other benefits for the Executive. (D) If Executive is under fifty-five (55) years of age on the Termination Date, Executive shall take reasonable steps to obtain employment and thereby mitigate the amount of compensation and benefits due under Section 5(vi); provided, however, that Executive shall not be required to accept a position other than one within a 25 mile radius of the City of LaCrosseBeloit, Wisconsin. If the Executive is fifty-five (55) years of age or older on the Termination Date or if Executive determines upon the advice of a qualified independent physician that he is physically or medically unable to substantially perform duties with another employer comparable to those performed by him with the Bank, the Executive shall have no obligation to seek other employment. Notwithstanding the foregoing, and regardless of age, during any portion of the Employment term remaining after the Termination Date, if the Executive becomes employed on a full-time basis by another employer, then to the extent the Executive shall receive compensation, benefits or service credit from such other employer, the aggregate amount of all compensation to be paid and benefits and service credit to be provided by the Bank under this Agreement shall be correspondingly reduced. (E) The requirement for mitigation, as set forth in Section 5 (vi)(D) above, shall not apply with respect to any termination under Section 5(iv) subsequent to a change in control.

Termination by the Bank Other. Than Due to Death, Disability, Retirement or For Cause; Termination of Executive. If this Agreement is terminated by the Bank for any reason other than death, disability, retirement or for cause as set forth in Section 5(i) or (ii), or is terminated by the Executive pursuant to Section 5(iv), then, following the Date of Termination: (A) In lieu of any further salary payments to the Executive for a period subsequent to the Termination Date, the Executive shall receive severance pay in the form of payments continuing for the remaining unexpired portion of the Employment Term, fully restored as of the Termination Date, at the times provided in Section 4(i) and 4 (ii) ("Severance Payments") and based on his highest rate of Base Salary within the 3 years preceding his Termination Date and his total cash bonus paid in his most recently completed calendar year of employment. In the event of a termination as a result of a change in control, the Executive may elect to receive the Severance Payments calculated above in one lump-lump sum, subject to any applicable limitations set forth in Section 6 below; provided that the amount of Severance Payment in connection with a change in control shall be at least equal to the particular Executive's annual compensation as of the Termination Date. (B) In addition to the retirement benefits to which the Executive is entitled under the Bank's Group Pension Plan, 401(k) Plan, and ESOP, as amended from time to time (the "Retirement Plans"), the Executive shall receive as additional severance retirement benefits payable under this Agreement, which benefits (except as provided below) shall be determined in accordance with, and payable in the form and at the times provided in, the respective Retirement Plans. Such benefits shall be determined as if the Executive were fully vested under each Retirement Plan and had accumulated (after any termination under this Agreement) the additional years of credited service and/or allocations and Employer contributions under each of said Plans that he would have received had he continued in the employment of the Bank for the entire Employment Term at the levels of Base Salary and cash bonus used to calculate the Severance Payments pursuant to subsection 5(vi)(A) above. (C) In addition to all other amounts payable under this section 5, Executive shall be entitled to coverage under any group health, life, dental, or other group insurance plans (as well as under any individual life coverages provided by the Bank on Executive's behalf) for the remainder of the Employment Term upon his continued payment of any required employee contribution at the rate in effect as of his Termination Date and to receipt of all benefits otherwise payable to Executive under (i) any tax qualified Bank plan or agreement relating to pension or retirement benefits, and (ii) any other Bank plan or agreement, regardless of tax status, established to provide deferred compensation, retirement, or other benefits for the Executive. (D) If Executive is under fifty-five (55) years of age on the Termination Date, Executive shall take reasonable steps to obtain employment and thereby mitigate the amount of compensation and benefits due under Section 5(vi); provided, however, that Executive shall not be required to accept a position other than one within a 25 mile radius of the City of LaCrosse, Wisconsin. If the Executive is fifty-five (55) years of age or older on the Termination Date or if Executive determines upon the advice of a qualified independent physician that he is physically or medically unable to substantially perform duties with another employer comparable to those performed by him with the Bank, the Executive shall have no obligation to seek other employment. Notwithstanding the foregoing, and regardless of age, during any portion of the Employment term remaining after the Termination Date, if the Executive becomes employed on a full-time basis by another employer, then to the extent the Executive shall receive compensation, benefits or service credit from such other employer, the aggregate amount of all compensation to be paid and benefits and service credit to be provided by the Bank under this Agreement shall be correspondingly reduced. (E) The requirement for mitigation, as set forth in Section 5 (vi)(D5(vi)(D) above, shall not apply with respect to any termination under Section 5(iv) subsequent to a change in control.

Termination by the Bank Other. Than Due to Death, Disability, Retirement or For Cause; Termination of Executive. If this Agreement is terminated by the Bank for any reason other than death, disability, retirement or for cause as set forth in Section 5(i) or (ii), or is terminated by the Executive pursuant to Section 5(iv), then, following the Date of Termination: (A) In lieu of any further salary payments to the Executive for a period subsequent to the Termination Date, the Executive shall receive severance pay in the form of payments continuing for the remaining unexpired portion of the Employment Term, fully restored as of the Termination Date, at the times provided in Section 4(i) and 4 (ii4(ii) ("Severance Payments") and based on his highest rate of Base Salary within the 3 years preceding his Termination Date and his total cash bonus paid in his most recently completed calendar year of employment. In the event of a termination as a result of a change in control, the Executive may elect to receive the Severance Payments calculated above in one lump-sum, subject to any applicable limitations set forth in Section 6 below; provided that the amount of Severance Payment in connection with a change in control shall be at least equal to the particular Executive's annual compensation as of the Termination Date. (B) In addition to the retirement benefits to which the Executive is entitled under the Bank's Group Pension Plan, 401(k) Plan, and ESOP, as amended from time to time (the "Retirement Plans"), the Executive shall receive additional severance retirement benefits payable under this Agreement, which benefits (except as provided below) shall be determined in accordance with, and payable in the form and at the times provided in, the respective Retirement Plans. Such benefits shall be determined as if the Executive were fully vested under each Retirement Plan and had accumulated (after any termination under this Agreement) the additional years of credited service and/or allocations and Employer contributions under each of said Plans that he would have received had he continued in the employment of the Bank for the entire Employment Term at the levels of Base Salary and cash bonus used to calculate the Severance Payments pursuant to subsection 5(vi)(A) above. (C) In addition to all other amounts payable under this section 5, Executive shall be entitled to coverage under any group health, life, dental, or other group insurance plans (as well as under any individual life coverages provided by the Bank on Executive's behalf) for the remainder of the Employment Term upon his continued payment of any required employee contribution at the rate in effect as of his Termination Date and to receipt of all benefits otherwise payable to Executive under (i) any tax qualified Bank plan or agreement relating to pension or retirement benefits, and (ii) any other Bank plan or agreement, regardless of tax status, established to provide deferred compensation, retirement, or other benefits for the Executive. (D) If Executive is under fifty-five (55) years of age on the Termination Date, Executive shall take reasonable steps to obtain employment and thereby mitigate the amount of compensation and benefits due under Section 5(vi); provided, however, that Executive shall not be required to accept a position other than one within a 25 mile radius of the City of LaCrosse, Wisconsin. If the Executive is fifty-five (55) years of age or older on the Termination Date or if Executive determines upon the advice of a qualified independent physician that he is physically or medically unable to substantially perform duties with another employer comparable to those performed by him with the Bank, the Executive shall have no obligation to seek other employment. Notwithstanding the foregoing, and regardless of age, during any portion of the Employment term remaining after the Termination Date, if the Executive becomes employed on a full-time basis by another employer, then to the extent the Executive shall receive compensation, benefits or service credit from such other employer, the aggregate amount of all compensation to be paid and benefits and service credit to be provided by the Bank under this Agreement shall be correspondingly reduced. (E) The requirement for mitigation, as set forth in Section 5 (vi)(D5(vi)(D) above, shall not apply with respect to any termination under Section 5(iv) subsequent to a change in control.

Termination by the Bank Other. Than Due to Death, Disability, Retirement or For Cause; Termination of Executive. If this Agreement is terminated by the Bank for any reason other than death, disability, retirement or for cause as set forth in Section 5(i) or (ii), or is terminated by the Executive pursuant to Section 5(iv), then, following the Date of Termination: (A) In lieu of any further salary payments to the Executive for a period subsequent to the Termination Date, the Executive shall receive severance pay in the form of payments continuing for the remaining unexpired portion of the Employment Term, fully restored as of the Termination Date, in the amount and at the times provided in Section 4(i) and 4 (ii) ("Severance Payments") and based on his highest rate of Base Salary within the 3 years preceding his Termination Date and his total cash bonus paid in his most recently completed calendar year of employment). In the event of a termination as a result of a change in control, the Executive may elect to receive the Severance Payments calculated above Payment in one lump-lump sum, calculated on the basis of his average annual compensation for the past three years multiplied by the time remaining to the end of the term of this Agreement, fully restored as of the Termination Date, subject to any applicable limitations set forth in Section 6 below; provided that the amount of such Severance Payment in connection with a change in control shall be at least equal to the particular Executive's annual compensation as of the Termination Date. (B) In addition to the retirement benefits to which the Executive is entitled under the Bank's Group Pension Plan, 401(k) Plan, and ESOP, as amended from time to time (the "Retirement PlansPension Plan"), the Executive shall receive as additional severance benefits a retirement benefits payable benefit under this Agreement, which benefits benefit (except as provided below) shall be determined in accordance with, and payable in the form and at the times provided in, the respective Retirement PlansPension Plan. Such benefits shall be determined as if the Executive were fully vested under each Retirement the Pension Plan and had accumulated (after any termination under this Agreement) the additional years of credited service and/or allocations and Employer contributions under each of said Plans the Pension Plan that he would have received had he continued in the employment of the Bank for the entire Employment Term at the levels highest annual rate of Base Salary in effect during the twelve (12) months immediately preceding the Termination Date. Such Base Salary shall be deemed to represent the compensation (as defined in the Pension Plan) received by the Executive during each such additional year for purposes of determining his additional retirement benefits under this Subsection 5(vi), subject to Chapter V of the Pension Plan and cash bonus used as it may be amended from time to calculate the Severance Payments pursuant to subsection 5(vi)(A) abovetime. (C) In addition to all other amounts payable under this section 5, Executive shall be entitled to coverage under any group health, life, dental, or other group insurance plans (as well as under any individual life coverages provided by the Bank on Executive's behalf) for the remainder of the Employment Term upon his continued payment of any required employee contribution at the rate in effect as of his Termination Date and to receipt of receive all benefits otherwise payable to Executive under (i) any tax qualified Bank plan or agreement relating to pension or retirement benefits, and (ii) any other Bank plan or agreement, regardless of tax status, established to provide deferred compensation, retirement, or other benefits for the Executive. (D) If Executive is under fifty-five (55) years of age on the Termination Date, Executive shall take reasonable steps to obtain employment and thereby mitigate the amount of compensation and benefits due under Section 5(vi); provided, however, that Executive shall not be required to accept a position other than one within a 25 mile radius of the City of LaCrosse, Wisconsin. If the Executive is fifty-five (55) years of age or older on the Termination Date or if Executive determines upon the advice of a qualified independent physician that he is physically or medically unable to substantially perform duties with another employer comparable to those performed by him with the Bank, the Executive shall have no obligation to seek other employment. Notwithstanding the foregoing, and regardless of age, during any portion of the Employment term remaining after the Termination Date, if the Executive becomes employed on a full-time basis by another employer, then to the extent the Executive shall receive compensation, benefits or service credit from such other employer, the aggregate amount of all compensation to be paid and benefits and service credit to be provided by the Bank under this Agreement shall be correspondingly reduced. (E) The requirement for mitigation, as set forth in Section 5 (vi)(D) above, shall not apply with respect to any termination under Section 5(iv) subsequent to a change in control.