Common use of Termination Due to Executive’s Death Clause in Contracts

Termination Due to Executive’s Death. This Agreement will terminate immediately upon the Executive's death and the Company shall not have any further liability or obligation to the Executive, the Executive’s executors, heirs, assigns or any other person claiming under or through the Executive’s estate, except as set forth in this paragraph 5(i). The Company shall pay any accrued but unpaid salary or bonuses through the date of termination to Executive’s estate. If the Executive's employment is terminated by the Company for Executive’s death in accordance with this section, the Executive’s estate shall continue to receive the Executive’s base salary and bonus, and the Company shall continue medical and dental benefits for the Executive’s family, by paying the premium for health insurance continuation coverage under COBRA for the Executive’s eligible family to the extent the Executive’s estate elects COBRA coverage (or continue to contribute the employer portion of the premium normally paid by the Company for its current employees), for the Severance Period. The Severance Period shall consist of one hundred eighty (180) days from the date on which employment actually terminates pursuant to this paragraph 5(i). Notwithstanding the foregoing, the Executive’s estate and the Executive’s family shall only become eligible for the compensation and benefits of a Severance Period if the Executive is terminated for death in accordance with this Section at any time after Six (6) months from the date the Executive commenced employment under this Agreement. The sum, if any, payable to the Executive’s estate in respect of the Severance Period shall be payable in equal monthly installments on the Fifteenth (15th) day of each month in the Severance Period. Furthermore, the obligations imposed on Executive with respect to assignment of rights to inventions or developments in this Agreement or any other agreement executed by the parties shall continue, notwithstanding the termination of the employment relationship between the parties. The salary, bonus (if any) and health insurance benefits to be provided under this paragraph 5(i) are sometimes hereinafter referred to as "Termination Compensation." The Executive’s estate and the Executive’s family shall not be entitled to any Termination Compensation unless the Executive’s estate executes and delivers to the Company after a notice of termination a release in form and substance reasonably satisfactory to the Company by which the Executive’s estate releases the Company from any obligations and liabilities of any type whatsoever under this Agreement, except for the Company's obligations with respect to the Termination Compensation, which release shall not affect the Executive’s estate’s right to indemnification, if any, for actions taken within the scope of the Executive’s employment or the Executive’s estate’s rights in respect of the Executive’s vested Restricted Stock. The parties hereto acknowledge that the Termination Compensation to be provided under this paragraph 5(i) is to be provided in consideration for the above-specified release. The Executive’s estate and the Executive’s family will not be entitled to and shall not receive any other compensation or benefits of any type following the effective date of termination, except such benefits as may be required to be extended under applicable state or Federal law.

Termination Due to Executive’s Death. This Agreement will terminate immediately upon the Executive's death and the Company shall not have any further liability or obligation to the Executive, the Executive’s executors, heirs, assigns or any other person claiming under or through the Executive’s estate, except as set forth in this paragraph 5(i5(h). The Company shall pay any accrued but unpaid salary or bonuses through the date of termination to Executive’s estate. If the Executive's employment is terminated by the Company for Executive’s death in accordance with this section, the Executive’s estate shall continue to receive the Executive’s base salary and bonus, and the Company shall continue medical and dental benefits for the Executive’s eligible family, by paying the premium for health insurance continuation coverage under COBRA for the Executive’s eligible family to the extent the Executive’s estate elects COBRA coverage (or continue by continuing to contribute the employer portion of the premium normally paid by the Company for its current employees), for the Severance Period. The Severance Period shall consist of one hundred eighty ninety (18090) days from the date on which employment actually terminates pursuant to this paragraph 5(i5(h). Notwithstanding the foregoing, the Executive’s estate and the Executive’s family shall only become eligible for the compensation and benefits of a Severance Period if the Executive is terminated for death in accordance with this Section at any time after Six six (6) months from the date the Executive commenced employment under this Agreement. The sum, if any, payable to the Executive’s estate in respect of the Severance Period shall be payable in equal monthly installments on the Fifteenth fifteenth (15th) day of each month in the Severance Period. Furthermore, the obligations imposed on Executive with respect to assignment of rights to inventions or developments in this Agreement or any other agreement executed by the parties shall continue, notwithstanding the termination of the employment relationship between the parties. The salary, bonus (if any) and health insurance benefits to be provided under this paragraph 5(i5(h) are sometimes hereinafter referred to as "Termination Compensation." The Executive’s estate and the Executive’s family shall not be entitled to any Termination Compensation unless the Executive’s estate executes and delivers to the Company after a notice of termination a general release in form and substance reasonably satisfactory to the Company by which the Executive’s estate releases the Company from any obligations and liabilities of any type whatsoever including those under this Agreement, except for the Company's obligations with respect to the Termination Compensation, which general release shall not affect the Executive’s estate’s right to indemnification, if any, for actions taken within the scope of the Executive’s employment or the Executive’s estate’s rights in respect of the Executive’s vested Restricted Stock. The parties hereto acknowledge that the Termination Compensation to be provided under this paragraph 5(i5(h) is to be provided in consideration for the above-specified general release. The Executive’s estate and the Executive’s family will not be entitled to and shall not receive any other compensation or benefits of any type following the effective date of termination, except such benefits as may be required to be extended under applicable state State or Federal law.

Termination Due to Executive’s Death. This Agreement will terminate immediately upon the If Executive's death and ’s employment hereunder is terminated because of death, then the Company shall not have any further liability or obligation pay to the Executive, the Executive’s executors, heirs, assigns or any other person claiming under or through the Executive’s estate, except as set forth : (i) a lump sum payment in this paragraph 5(i). The Company shall pay any accrued but unpaid salary or bonuses cash equal to (A) Executive’s Annual Salary earned through the date of termination to Executive’s estate. If the Executive's employment is terminated by the Company for Executive’s death and (B) any accrued vacation pay earned by Executive, in each case, to the extent not theretofore paid, and such payment shall be paid within 30 days after the date of Executive’s death; and (ii) a lump sum payment in cash equal to the number of days in the Company’s fiscal year up to and including the date of Executive’s death divided by the total number of days in the Company’s fiscal year (for purposes of this Section 7(a), the “Pro Rata Fraction”) multiplied by Executive’s Bonus earned for the Company’s fiscal year ending contemporaneously with or immediately following the date of Executive’s death as reasonably determined by the Board or a committee thereof after the end of the Company’s fiscal year in which such death occurs in accordance with this sectionthe Board’s determination policies then in effect, and such payment shall be paid on the April 15th immediately following the end of the Company’s fiscal year bonus period to which such Bonus relates. In addition, all options to acquire securities of the Company held by Executive immediately prior to the Termination Date that would have vested if Executive’s estate employment continued for one year after the Termination Date shall continue to receive the Executive’s base salary and bonus, and the Company shall continue medical and dental benefits for the Executive’s family, by paying the premium for health insurance continuation coverage under COBRA for the Executive’s eligible family to the extent the Executive’s estate elects COBRA coverage (or continue to contribute the employer portion of the premium normally paid by the Company for its current employees), for the Severance Period. The Severance Period shall consist of one hundred eighty (180) days from the date on which employment actually terminates pursuant to this paragraph 5(i). Notwithstanding the foregoing, the Executive’s estate and the Executive’s family shall only become eligible for the compensation and benefits of a Severance Period if the Executive is terminated for death in accordance with this Section at any time after Six (6) months from the date the Executive commenced employment under this Agreement. The sum, if any, payable to the Executive’s estate in respect of the Severance Period shall be payable in equal monthly installments on the Fifteenth (15th) day of each month in the Severance Period. Furthermore, the obligations imposed on Executive with respect to assignment of rights to inventions or developments in this Agreement or any other agreement executed by the parties shall continuefully exercisable, notwithstanding the termination terms of the employment relationship between relevant stock option agreements and regardless of whether or not the parties. The salaryvesting conditions set forth in the relevant stock option agreements have been satisfied in full, bonus (and all restrictions on any Restricted Stock or Deferred Stock Units of the Company held by Executive immediately prior to Termination Date that would have lapsed if any) and health insurance benefits to be provided under this paragraph 5(i) are sometimes hereinafter referred to as "Termination Compensation." The Executive’s estate employment continued for one year after the Termination Date shall be removed, notwithstanding the terms of the relevant Restricted Stock or Deferred Stock Units agreements and regardless of whether the Executive’s family conditions set forth in the relevant Restricted Stock or Deferred Stock Units agreements have been satisfied in full. Executive shall not also be entitled to any Termination Compensation unless the Executive’s estate executes and delivers to the Company after a notice of termination a release other benefits which may be owing in form and substance reasonably satisfactory to the Company by which the Executive’s estate releases the Company from any obligations and liabilities of any type whatsoever under this Agreement, except for accordance with the Company's obligations ’s plans and policies and such amounts shall be paid in accordance with respect to the Termination Compensation, which release shall not affect the Executive’s estate’s right to indemnification, if any, for actions taken within the scope of the Executive’s employment or the Executive’s estate’s rights in respect of the Executive’s vested Restricted Stock. The parties hereto acknowledge that the Termination Compensation to be provided under this paragraph 5(i) is to be provided in consideration for the above-specified release. The Executive’s estate such plans and the Executive’s family will not be entitled to and shall not receive any other compensation or benefits of any type following the effective date of termination, except such benefits as may be required to be extended under applicable state or Federal lawpolicies.

Termination Due to Executive’s Death. This Agreement will terminate immediately upon the Executive's death and the Company shall not have any further liability or obligation to the Executive, the Executive’s executors, heirs, assigns or any other person claiming under or through the Executive’s estate, except as set forth in this paragraph 5(i). The Company shall pay any accrued but unpaid salary or bonuses through the date of termination to Executive’s estate. If the Executive's employment is terminated by the Company for Executive’s death in accordance with this section, the Executive’s estate shall continue to receive the Executive’s base salary and bonus, and the Company shall continue medical and dental benefits for the Executive’s family, by paying the premium for health insurance continuation coverage under COBRA for the Executive’s eligible family to the extent the Executive’s estate elects COBRA coverage (or continue to contribute the employer portion of the premium normally paid by the Company for its current employees), for the Severance Period. The Severance Period shall consist of one hundred eighty (180) days year from the date on which employment actually terminates pursuant to this paragraph 5(i). Notwithstanding the foregoing, the Executive’s estate and the Executive’s family shall only become eligible for the compensation and benefits of a Severance Period if the Executive is terminated for death in accordance with this Section at any time after Six Twelve (612) months from the date the Executive commenced employment under this Agreement. The sum, if any, payable to the Executive’s estate in respect of the Severance Period shall be payable in equal monthly installments on the Fifteenth (15th) day of each month in the Severance Period. Furthermore, the obligations imposed on Executive with respect to assignment of rights to inventions or developments in this Agreement or any other agreement executed by the parties shall continue, notwithstanding the termination of the employment relationship between the parties. The salary, bonus (if any) and health insurance benefits to be provided under this paragraph 5(i) are sometimes hereinafter referred to as "Termination Compensation." The Executive’s estate and the Executive’s family shall not be entitled to any Termination Compensation unless the Executive’s estate executes and delivers to the Company after a notice of termination a release in form and substance reasonably satisfactory to the Company by which the Executive’s estate releases the Company from any obligations and liabilities of any type whatsoever under this Agreement, except for the Company's obligations with respect to the Termination Compensation, which release shall not affect the Executive’s estate’s right to indemnification, if any, for actions taken within the scope of the Executive’s employment or the Executive’s estate’s rights in respect of the Executive’s vested Restricted Stock. The parties hereto acknowledge that the Termination Compensation to be provided under this paragraph 5(i) is to be provided in consideration for the above-specified release. The Executive’s estate and the Executive’s family will not be entitled to and shall not receive any other compensation or benefits of any type following the effective date of termination, except such benefits as may be required to be extended under applicable state or Federal law.

Termination Due to Executive’s Death. This Agreement will terminate immediately upon the Executive's death and the Company shall not have any further liability or obligation to the Executive, the Executive’s executors, heirs, assigns or any other person claiming under or through the Executive’s estate, except as set forth in this paragraph 5(i5(g). The Company shall pay any accrued but unpaid salary or bonuses through the date of termination to Executive’s estate. If the Executive's employment is terminated by the Company for Executive’s death in accordance with this section, the Executive’s estate shall continue to receive the Executive’s base salary and bonus, and the Company shall continue medical and dental benefits for the Executive’s family, by paying the premium for health insurance continuation coverage under COBRA for the Executive’s eligible family to the extent the Executive’s estate elects COBRA coverage (or continue to contribute the employer portion of the premium normally paid by the Company for its current employees), for the Severance Period. The Severance Period shall consist of one hundred eighty (180) days from the the date on which employment actually terminates pursuant to this paragraph 5(i5(g). Notwithstanding the foregoing, the Executive’s estate and the Executive’s family shall only become eligible for the compensation and benefits of a Severance Period if the Executive is terminated for death in accordance with this Section at any time after Six (6) months from the date the Executive commenced employment under this Agreement. The sum, if any, payable to the Executive’s estate in respect of the Severance Period shall be payable in equal monthly installments on the Fifteenth (15th) day of each month in the Severance Period. Furthermore, the obligations imposed on Executive with respect to confidentiality, non-disclosure and assignment of rights to inventions or developments in this Agreement or any other agreement executed by the parties shall continue, notwithstanding the termination of the employment relationship between the parties. The salary, bonus (if any) and health insurance benefits to be provided under this paragraph 5(i5(g) are sometimes hereinafter referred to as "Termination Compensation." The Executive’s estate and the Executive’s family shall not be entitled to any Termination Compensation unless the Executive’s estate executes and delivers to the Company after a notice of termination a release in form and substance reasonably satisfactory to the Company by which the Executive’s estate releases the Company from any obligations and liabilities of any type whatsoever under this Agreement, except for the Company's obligations with respect to the Termination Compensation, which release shall not affect the Executive’s estate’s right to indemnification, if any, for actions taken within the scope of the Executive’s employment or the Executive’s estate’s rights in respect of the Executive’s vested Restricted Stock. The parties hereto acknowledge that the Termination Compensation to be provided under this paragraph 5(i5(g) is to be provided in consideration for the above-specified release. The Executive’s estate and the Executive’s family will not be entitled to and shall not receive any other compensation or benefits of any type following the effective date of termination, except such benefits as may be required to be extended under applicable state or Federal law.