TERMINATION BY THE COMPANY OTHER THAN FOR DEATH, DISABILITY OR CAUSE. If Employee’s employment is terminated by the Company for any reason other than Employee’s death or Disability or for Cause, then (i) the Company shall pay Employee the Base Salary through the end of the Term over the course of the then remaining Term; and (ii) the Company shall pay Employee within 30 days of the date of such termination in a lump sum in cash any Accrued Obligations (as defined in paragraph 1(f) below). The payment to Employee of the severance benefits described in this Section 1(d) shall be subject to Employee’s execution and non-revocation of a general release of the Company and its affiliates in a form substantially similar to that used for similarly situated executives of the Company and its affiliates.
TERMINATION BY THE COMPANY OTHER THAN FOR DEATH, DISABILITY OR CAUSE. If Employee's employment is terminated by the Company for any reason other than Employee's death or Disability or for Cause, then (i) the Company shall pay Employee the Base Salary through the end of the Term over the course of the then remaining Term; and (ii) the Company shall pay Employee within 30 days of the date of such termination in a lump sum in cash any Accrued Obligations (as defined in paragraph 1(f) below).
TERMINATION BY THE COMPANY OTHER THAN FOR DEATH, DISABILITY OR CAUSE. This Agreement may be terminated by the Company for any reason and at any time; provided that if this Agreement is terminated by the Company for reasons other than death, Disability or Cause and other than as provided by Section 5.7 , then the Company shall pay to the Employee, in equal monthly installments (or as a lump sum based upon the present value of the future payments using the Company’s incremental borrowing rate), the Base Salary for one (1) year following such termination. Thereafter, the Company’s obligation to pay compensation of any kind pursuant to this Agreement shall expire. During such one (1) year period, as the case may be, the Company shall not be obligated to pay any additional amounts to the Employee pursuant to this Agreement. The entitlement of the Employee to benefits under a plan referred to in Section 3.5.2 upon such termination shall be determined in accordance with the provisions of such plan. If this Agreement is terminated by the Company for reasons other than death, Disability or Cause and other than as provided by Section 5.7 , then all of the stock options, rights or awards issued or granted to Employee pursuant to any incentive or stock option plan of the Company shall automatically and immediately vest and become exercisable in full.
TERMINATION BY THE COMPANY OTHER THAN FOR DEATH, DISABILITY OR CAUSE. If Executive's employment is terminated by the Company for any reason other than Executive's death or Disability or for Cause, the Company shall pay Executive an amount equal to his Salary in effect on the date of termination for the remaining Term of this Agreement as if Executive had remained in the Company's employment during such period at a rate equal to his then Salary.
TERMINATION BY THE COMPANY OTHER THAN FOR DEATH, DISABILITY OR CAUSE. Upon termination of Employee’s employment prior to the expiration of the Term by the Company for any reason other than Employee’s death or Disability or for Cause, then (i) the Company shall continue to pay Employee the Base Salary through the end of the Salary Continuation Period over the course of such period, such Cash Severance Payments payable in equal biweekly installments in accordance with the Company’s payroll practice as in effect from time to time; (ii) the Company shall pay Employee within 30 days of the date of such termination in a lump sum in cash any Accrued Obligations (as defined in Section 1(g) below); (iii) the Company shall pay in cash to Employee for each month between the date of termination and the end of the Salary Continuation Period an amount equal to the premiums charged by the Company to maintain COBRA benefits continuation coverage for Employee and Employee’s eligible dependents to the extent such coverage is then in place; and (iv) any Equity Awards that are outstanding and unvested at the time of such termination but which would, but for a termination of employment, have vested during the Equity Acceleration Period shall vest as of the date of such termination of employment; provided that any outstanding award with a vesting schedule that would, but for a termination of employment, have resulted in a smaller percentage (or none) of the award being vested through the end of such Equity Acceleration Period than if it vested annually pro rata over its vesting period shall, for purposes of this provision, be treated as though it vested annually pro rata over its vesting period (e.g., if 000 XXXx were granted 2.7 years prior to the date of the termination and vested pro rata on each of the first five anniversaries of the grant date and 000 XXXx were granted 1.7 years prior to the date of termination and vested on the fifth anniversary of the grant date, then on the date of termination 20 RSUs from the first award and 40 RSUs from the second award would vest); provided further that any amount that would vest under this provision but for the fact that outstanding performance conditions have not been satisfied shall vest only if, and at such point as, such performance conditions are satisfied; and provided further that if any Equity Award made subsequent to the Effective Date of this Agreement specifies a more favorable post-termination vesting schedule, the terms of the award agreement for such Equity Award shall govern.
TERMINATION BY THE COMPANY OTHER THAN FOR DEATH, DISABILITY OR CAUSE. (a) If Executive’s employment is terminated by the Company for any reason other than Executive’s death or Disability or for Cause (a “Qualifying Termination”) then (i) the Company shall pay to Executive an amount equal to twelve (12) months of Base Salary, which amount shall be payable in equal, biweekly installments (or, if different, in accordance with the Company’s payroll practice as in effect from time to time) during the twelve (12)-month period following such Qualifying Termination (the “Severance Period”); and (ii) the Company shall pay Executive within thirty (30) days of the date of such Qualifying Termination in a lump sum in cash any Accrued Obligations (as defined below) (together, the “Severance Payments”). The payment to Executive of the Severance Payments shall be subject to Executive’s execution and non-revocation of a general release of the Company and its affiliates, in a form substantially similar to that used for similarly situated executives of the Company and its affiliates (the “Release”), and Executive’s compliance with the restrictive covenants set forth in Section 3 hereof. Executive acknowledges and agrees that the Severance Payments constitute good and valuable consideration for the Release.
(b) For purposes of this Agreement, the terms “Base Salary”, “Cause” and “Accrued Obligations,” and the phrase “termination by the Company for Disability,” shall have the following meanings:
TERMINATION BY THE COMPANY OTHER THAN FOR DEATH, DISABILITY OR CAUSE. If Employee’s employment hereunder is terminated prior to the expiration of the Term by the Company for any reason other than Employee’s death or Disability or for Cause, then (i) the Company shall pay to Employee an amount equal to the Base Salary that Employee would have been paid from the date of such termination through the end of the Term had the Employee’s employment not terminated, payable in equal biweekly installments (or, if different, in accordance with the Company’s payroll practice as in effect from time to time) over the course of the then remaining Term (the “Cash Severance Payments”); and (ii) the Company shall pay Employee within thirty (30) days of the date of such termination in a lump sum in cash any Accrued Obligations (as defined in paragraph 1(g) below). The payment to Employee of the severance benefits described in this Section 1(d) shall be subject to Employee’s execution and non-revocation of a general release of the Company and its affiliates, in a form substantially similar to that used for similarly situated executives of the Company and its affiliates, and Employee’s compliance with the restrictive covenants set forth in Section 2 hereof. Employee acknowledges and agrees that the severance benefits described in this Section 1(d) constitutes good and valuable consideration for such release.
TERMINATION BY THE COMPANY OTHER THAN FOR DEATH, DISABILITY OR CAUSE. If Employee’s employment is terminated by the Company for any reason other than Employee’s death or Disability or for Cause, then (i) the Company shall pay Employee the Base Salary through the end of the Term over the course of the then remaining Term; and (ii) the Company shall pay Employee any Accrued Obligations (as defined in paragraph 1(f) below) in accordance with the terms of the plans, programs or arrangements under which such obligations arose. The payment to Employee of the severance benefits described in this Section 1(d) shall be subject to Employee’s execution and nonrevocation of a general release of the Company and its affiliates in a form substantially similar to that used for similarly situated executives of the Company and its affiliates. Such release shall be furnished to Employee as soon as practical following the termination of employment , and shall be executed and promptly returned to the Company (and in no event later than 21 days following Executive’s termination of employment, or such longer period as may be required by applicable law). All amounts of severance that would otherwise have been paid to Employee prior to the date upon which the revocation period provided for in such release shall be paid to Employee in a lump sum, without interest, as soon as practical after such revocation period expires, but not later than March 15 of the year following the year in which employment is terminated.
4. The following subsection (g) shall be added to Section 1. of the Standard Terms and Conditions:
TERMINATION BY THE COMPANY OTHER THAN FOR DEATH, DISABILITY OR CAUSE. If, after the effective date of a Change of Control, Executive's employment with the Company is terminated by the Company other than for Death, Disability, or Cause, the Company shall pay or otherwise provide to the Executive the severance benefits described in Section 7(a)(iv) hereof.
TERMINATION BY THE COMPANY OTHER THAN FOR DEATH, DISABILITY OR CAUSE. If Executive's employment is terminated by the Company for any reason other than Executive's death or Disability or for Cause, the Company shall pay Executive (i) a monthly severance payment for each month remaining in the Term of the Agreement at a rate equal to his highest monthly Base Salary paid during the Term of this Agreement and (ii) at the end of each remaining fiscal year of the Company ending during the Term of this Agreement, a bonus equal to the amount of Executive's highest annual target bonus under the Performance Bonus Plan as in effect at any time during the Term.
