Common use of Termination by the Company for Cause and Termination by Executive Other Than For Good Reason Clause in Contracts

Termination by the Company for Cause and Termination by Executive Other Than For Good Reason. In accordance with the provisions of this Section 7(a), the Company may terminate the employment of Executive as Chief Executive Officer for Cause at any time prior to a Change in Control, and Executive may terminate his employment as Chief Executive Officer voluntarily for reasons other than Good Reason (as defined in Section 8(d)) at any time. Upon Termination of Employment by the Company for Cause or by the Executive for reasons other than Good Reason, the Term will immediately terminate, and all obligations of the Company and Executive under Sections 1 through 5 of this Agreement will immediately cease; provided, however, that the Company shall pay Executive, and Executive shall be entitled to receive, the following: (i) The earned but unpaid portion of annual base salary and guaranteed annual cash bonus; (ii) Any annual cash incentive cash compensation earned, but unpaid, for the calendar year prior to the calendar year in which occurs such Termination of Employment. (iii) All vested, nonforfeitable amounts owing or accrued at the date of such Termination of Employment under any compensation and benefit plans, programs and arrangements set forth or referred to in Sections 5(a) and 5(b) in which Executive theretofore participated, in accordance with the terms and conditions of the plans, programs and arrangements (and agreements and documents thereunder); and (iv) Reimbursement of reasonable business expenses and disbursements incurred by Executive prior to such termination of employment, within 60 days after Executive submits reasonable evidence of such expenses and disbursements to the Company. The Company shall pay the amount under clause (i) in a single lump sum payment no later than 30 days after Termination of Employment. The Company shall pay the amount under clause (ii) in a single lump sum payment no later than (A) 30 days after Termination of Employment or (B) such earlier date as required by Section 4(b).

Termination by the Company for Cause and Termination by Executive Other Than For Good Reason. In accordance with the provisions of this Section 7(a), the Company may terminate the employment of Executive as Chief Executive Officer for Cause at any time prior to a Change in Control, and Executive may terminate his employment as Chief Executive Officer voluntarily for reasons other than Good Reason (as defined in Section 8(d)) at any time. Upon Termination of Employment by the Company for Cause or by the Executive for reasons other than Good Reason, the Term will immediately terminate, and all obligations of the Company and Executive under Sections 1 through 5 of this Agreement will immediately cease; provided, however, that the Company shall pay Executive, and Executive shall be entitled to receive, the following: (i) The earned but unpaid portion of annual base salary and guaranteed annual cash bonussalary; (ii) Any annual cash incentive cash compensation earned, but unpaid, for the calendar year prior to the calendar year in which occurs such Termination of Employment.; (iii) All vested, nonforfeitable amounts owing or accrued at the date of such Termination of Employment under any compensation and benefit plans, programs and arrangements set forth or referred to in Sections 5(a) and 5(b) in which Executive theretofore participated, in accordance with the terms and conditions of the plans, programs and arrangements (and agreements and documents thereunder); and (iv) Reimbursement of reasonable business expenses and disbursements incurred by Executive prior to such termination of employment, within 60 days after Executive submits reasonable evidence of such expenses and disbursements to the Company. The Company shall pay the amount under clause (i) or (ii) in a single lump sum payment no later than 30 days after Termination of Employment. The Company shall pay the amount under clause (ii) in a single lump sum payment no later than (A) 30 days after Termination of Employment or (B) such earlier date as required by Section 4(b).

Termination by the Company for Cause and Termination by Executive Other Than For Good Reason. In accordance with the provisions of this Section 7(a), the Company may terminate the employment of Executive as Chief Executive Officer for Cause at any time prior to a Change in Control, and Executive may terminate his employment as Executive as Chief Financial Officer/Executive Officer Vice President voluntarily for reasons other than Good Reason (as defined in Section 8(d)) at any time. Upon Termination of Employment by the Company for Cause or by the Executive for reasons other than Good Reason, the Term will immediately terminate, and all obligations of the Company and Executive under Sections 1 through 5 of this Agreement will immediately cease; provided, however, that the Company shall pay Executive, and Executive shall be entitled to receive, the following: (i) The earned but unpaid portion of annual base salary and guaranteed annual cash bonus; (ii) Any annual cash incentive cash compensation earned, but unpaid, for the calendar year prior to the calendar year in which occurs such Termination of Employment. (iii) All vested, nonforfeitable amounts owing or accrued at the date of such Termination of Employment under any compensation and benefit plans, programs and arrangements set forth or referred to in Sections 5(a) and 5(b) in which Executive theretofore participated, in accordance with the terms and conditions of the plans, programs and arrangements (and agreements and documents thereunder); and (iv) Reimbursement of reasonable business expenses and disbursements incurred by Executive prior to such termination of employment, within 60 days after Executive submits reasonable evidence of such expenses and disbursements to the Company. The Company shall pay the amount under clause (i) in a single lump sum payment no later than 30 days after Termination of Employment. The Company shall pay the amount under clause (ii) in a single lump sum payment no later than (A) 30 days after Termination of Employment or (B) such earlier date as required by Section 4(b).