Common use of Termination for Absenteeism Clause in Contracts

Termination for Absenteeism. (a) Regular attendance at work or in conducting work is an essential element of Employee's job. Without limiting the Company's right to terminate Employee pursuant to Section 9.1 or 9.3 herein, in the event that Employee is absent for more than one hundred and fifty (150) days within any twelve (12) month period, Employee's employment hereunder may be terminated by Company. (b) In the event of a termination of Employee's employment hereunder pursuant to Section 9.8(a), Employee will be entitled to receive all accrued and unpaid (as of the date of such termination) Base Salary and Benefits and other forms of compensation and bonus payable or provided in accordance with the terms of any then existing compensation, bonus or benefit plan or arrangement ("Other Compensation"), including payments prescribed under any disability or life insurance plan or arrangement in which Employee is a participant or to which Employee is a party as an employee of the Company. In addition, for a period of one year following such termination, Employee shall be entitled to receive (i) regular installments of Base Salary at the rate in effect at the time of such termination, such amount being reduced by the amount of payments received by the Employee with respect to this period pursuant to any Social Security entitlement or any long term disability or any other employee benefit plan, policy or program maintained to provide benefits in the event of disability in which the Employee was entitled to participate at the time of termination under Section 9.8(a), and (ii) medical and dental coverage on terms and conditions comparable to those most recently provided to the Employee pursuant to this Agreement, to the extent such coverage is not provided under other Company policies, plans or programs relating to Disability. Except as specifically set forth in this Section 9.8(b), the Company shall have no liability or obligation to Employee for compensation or benefits hereunder by reason of such termination.

Termination for Absenteeism. (a) Regular attendance at work or in conducting work is an essential element of Employee's job. Without limiting the Company's right to terminate Employee pursuant to Section 9.1 or 9.3 herein, in the event that Employee is absent for more than one hundred and fifty (150) days within any twelve (12) month period, Employee's employment hereunder may be terminated by Company. (b) In the event of a termination of Employee's employment hereunder pursuant to Section 9.8(a9.7(a), Employee will be entitled to receive all accrued and unpaid (as of the date of such termination) Base Salary and Benefits and other forms of compensation and bonus payable or provided in accordance with the terms of any then existing compensation, bonus or benefit plan or arrangement ("Other Compensation"), including payments prescribed under any disability or life insurance plan or arrangement in which Employee is a participant or to which Employee is a party as an employee of the Company. In addition, for a period of one year following such termination, Employee shall be entitled to receive (i) regular installments of Base Salary at the rate in effect at the time of such termination, such amount being reduced by the amount of payments received by the Employee with respect to this period pursuant to any Social Security entitlement or any long term disability or any other employee benefit plan, policy or program maintained to provide benefits in the event of disability in which the Employee was entitled to participate at the time of termination under Section 9.8(a9.7(a), and (ii) medical and dental coverage on terms and conditions comparable to those most recently provided to the Employee pursuant to this Agreement, to the extent such coverage is not provided under other Company policies, plans or programs relating to Disability. Except as specifically set forth in this Section 9.8(b9.7(b), the Company shall have no liability or obligation to Employee for compensation or benefits hereunder by reason of such termination.

Termination for Absenteeism. (ai) Regular attendance at work or in conducting work is an essential element of Employee's jobPosition. Without limiting the Company's right to terminate Employee pursuant to Section 9.1 9B or 9.3 9D herein, in the event that Employee is absent for more than one hundred and fifty (150) days within any rolling twelve (12) month period, Employee's employment hereunder may be terminated by Company. (bii) In the event of a termination of Employee's employment hereunder pursuant to Section 9.8(a9F(i), Employee will be entitled eligible to receive all accrued and unpaid (as of the date of such termination) Base Salary and Benefits and other forms of compensation and bonus payable or provided in accordance with the terms of any then existing compensation, bonus or benefit plan or arrangement ("Other Compensation"), including payments prescribed under any disability or life insurance plan or arrangement in which Employee is a participant or to which Employee is a party as an employee of the Company. In addition, provided Employee signs Company's standard form termination letter as provided for a period of one year following such terminationin Section 10 below, Employee shall be entitled to receive (i) regular installments continued payment of Employee's Base Salary at Salary, and (ii) continued payment (during the rate applicable COBRA period) of the Company's portion of the premium for medical and dental coverage on terms and conditions comparable to those most recently provided to the Employee pursuant to this Agreement (to the extent such coverage is not provided under other Company policies, plans or programs relating to Disability), both for the period of twelve (12) months commencing upon the Effective Date of the release as defined in effect at Section 10 below. Such severance payments shall be inclusive of all applicable income, social security and other taxes and charges which are required by law to be withheld by the Company and shall be withheld and paid in accordance with the Company's normal payroll practice for its employees from time of such termination, such amount being to time in effect. Such severance amounts shall be reduced by the amount of payments received by the Employee with respect to this period pursuant to any Social Security entitlement or any long term disability or any other employee benefit plan, policy or program maintained to provide benefits in the event of disability in which the Employee was entitled to participate at the time of termination under Section 9.8(a9F(i), and (ii) medical and dental coverage on terms and conditions comparable to those most recently provided to the Employee pursuant to this Agreement, to the extent such coverage is not provided under other Company policies, plans or programs relating to Disability. Except as specifically set forth in this Section 9.8(b9F(i), the Company shall have no liability or obligation to Employee or any other person claiming under or through him for compensation or benefits hereunder by reason of such termination.

Termination for Absenteeism. (ai) Regular attendance at work or in conducting work is an essential element of Employee's job. Without limiting the Company's right to terminate Employee pursuant to Section 9.1 9B or 9.3 9D herein, in the event that Employee is absent for more than one hundred and fifty (150) days within any twelve (12) month period, Employee's employment hereunder may be terminated by Company. (bii) In the event of a termination of Employee's employment hereunder pursuant to Section 9.8(a9F(i), Employee will be entitled to receive all accrued and unpaid (as of the date of such termination) Base Salary base salary and Benefits and other forms of compensation and bonus payable or provided in accordance with the terms of any then existing compensation, bonus or benefit plan or arrangement ("Other Compensation"), including payments prescribed under any disability or life insurance plan or arrangement in which Employee is a participant or to which Employee is a party as an employee of the Company. In addition, provided Employee signs Company's standard form termination letter as provided for a period of one year following such terminationin Section 10 below, Employee shall be entitled to receive (i) regular installments severance in an amount equal to the Employee's base salary, and (ii) medical and dental coverage on terms and conditions comparable to those most recently provided to the Employee pursuant to this Agreement (to the extent such coverage is not provided under other Company policies, plans or programs relating to Disability), both for the period of Base Salary at twelve (12) months commencing upon the rate in effect at the time date of such termination, such amount being . Such severance amounts shall be reduced by the amount of payments received by the Employee with respect to this period pursuant to any Social Security entitlement or any long term disability or any other employee benefit plan, policy or program maintained to provide benefits in the event of disability in which the Employee was entitled to participate at the time of termination under Section 9.8(a9F(i), and (ii) medical and dental coverage on terms and conditions comparable to those most recently provided to the Employee pursuant to this Agreement, to the extent such coverage is not provided under other Company policies, plans or programs relating to Disability. Except as specifically set forth in this Section 9.8(b9F(i), the Company shall have no liability or obligation to Employee for compensation or benefits hereunder by reason of such termination.

Termination for Absenteeism. (a) Regular attendance at work or in conducting work is an essential element of Employee's job. Without limiting the Company's right to terminate Employee pursuant to Section 9.1 10.1 or 9.3 10.3 herein, in the event that Employee is absent for more than one hundred and fifty (150) days within any twelve (12) month period, Employee's employment hereunder may be terminated by Company. (b) In the event of a termination of Employee's employment hereunder pursuant to Section 9.8(a10.7(a), Employee will be entitled to receive all accrued and unpaid (as of the date of such termination) Base Salary and Benefits and other forms of compensation and bonus payable or provided in accordance with the terms of any then existing compensation, bonus or benefit plan or arrangement ("Other Compensation"), including payments prescribed under any disability or life insurance plan or arrangement in which Employee is a participant or to which Employee is a party as an employee of the Company. In addition, provided Employee signs Company's standard form termination letter as provided for a period of one year following such terminationin Section 11 below, Employee shall be entitled to receive (i) regular installments continued payment of Base Salary at the rate in effect at the time of such termination, such amount being reduced by the amount of payments received by the Employee with respect to this period pursuant to any Social Security entitlement disability entitlement, or any long term disability or any other employee benefit plan, policy or program maintained by the Company to provide benefits in the event of disability in which the Employee was entitled to participate at the time of termination under Section 9.8(a10.8(a), and (ii) medical and dental coverage pursuant to COBRA on terms and conditions comparable to those most recently provided to the Employee pursuant to this Agreement, ( to the extent such coverage is not provided under other Company policies, plans or programs relating to Disabilitydisability) for a period of eighteen (18) months after the date of such termination once the termination letter becomes effective. Employee shall also be entitled to receive additional severance amount equal to the total amount of fifty percent (50%) of Employee's Target Bonus for the year in which Employee was terminated, payable in equal installments over a period of eighteen (18) months after the date of such termination, once the termination letter becomes effective. Except as specifically set forth in in, this Section 9.8(b10.7(b), the Company shall have no liability or obligation to Employee for compensation or benefits hereunder by reason of such termination.

Termination for Absenteeism. (a) Regular attendance at work or in conducting work is an essential element of Employee's job. Without limiting the Company's right to terminate Employee pursuant to Section 9.1 2 or 9.3 4 herein, in the event that Employee is absent for more than one hundred and fifty (150) days within any twelve (12) month period, Employee's employment hereunder may be terminated by Company. (b) In the event of a termination of Employee's employment hereunder pursuant to Section 9.8(a6(a), Employee will be entitled to receive all accrued and unpaid (as of the date of such termination) Base Salary base salary and Benefits and other forms of compensation and bonus payable or provided in accordance with the terms of any then existing compensation, bonus or benefit plan or arrangement ("Other Compensation"), including payments prescribed under any disability or life insurance plan or arrangement in which Employee is a participant or to which Employee is a party as an employee of the Company. In addition, for a period of one year twelve (12) months following such termination, Employee shall be entitled to receive (i) regular installments of Base Salary base salary at the rate in effect at the time of such termination, such amount being reduced by the amount of payments received by the Employee with respect to this period pursuant to any Social Security entitlement or any long term disability or any other employee benefit plan, policy or program maintained to provide benefits in the event of disability in which the Employee was entitled to participate at the time of termination under Section 9.8(a6(a), and (ii) medical and dental coverage on terms and conditions comparable to those most recently provided to the Employee pursuant to this Agreement, to the extent such coverage is not provided under other Company policies, plans or programs relating to Disability. Except as specifically set forth in this Section 9.8(b6(b), the Company shall have no liability or obligation to Employee for compensation or benefits hereunder by reason of such termination.

Termination for Absenteeism. (ai) Regular attendance at work or in conducting work is an essential element of Employee's job’s Position. Without limiting the Company's ’s right to terminate Employee pursuant to Section 9.1 9(b) or 9.3 9(d) herein, in the event that Employee is absent for more than one hundred and fifty (150) days within any rolling twelve (12) month period, Employee's ’s employment hereunder may be terminated by Company. (bii) In the event of a termination of Employee's ’s employment hereunder pursuant to Section 9.8(a9(f)(i), Employee will be entitled eligible to receive all accrued and unpaid (as of the date of such termination) Base Salary and Benefits and other forms of compensation and bonus payable or provided in accordance with the terms of any then existing compensation, bonus or benefit plan or arrangement ("Other Compensation"), including payments prescribed under any disability or life insurance plan or arrangement in which Employee is a participant or to which Employee is a party as an employee of the Company. In addition, provided Employee signs Company’s standard form termination letter as provided for a period of one year following such terminationin Section 10 below, Employee shall be entitled to receive (i) regular installments continued payment of Employee’s Base Salary at Salary, and (ii) continued payment (during the rate applicable COBRA period) of the Company’s portion of the premium for medical and dental coverage on terms and conditions comparable to those most recently provided to the Employee pursuant to this Agreement (to the extent such coverage is not provided under other Company policies, plans or programs relating to Disability), both for the period of twelve (12) months commencing upon the Effective Date of the release as defined in effect at Section 10 below. Such severance payments shall be inclusive of all applicable income, social security and other taxes and charges which are required by law to be withheld by the Company and shall be withheld and paid in accordance with the Company’s normal payroll practice for its employees from time of such termination, such amount being to time in effect. Such severance amounts shall be reduced by the amount of payments received by the Employee with respect to this period pursuant to any Social Security entitlement or any long term disability or any other employee benefit plan, policy or program maintained to provide benefits in the event of disability in which the Employee was entitled to participate at the time of termination under Section 9.8(a9(f)(i), and (ii) medical and dental coverage on terms and conditions comparable to those most recently provided to the Employee pursuant to this Agreement, to the extent such coverage is not provided under other Company policies, plans or programs relating to Disability. Except as specifically set forth in this Section 9.8(b9(f)(i), the Company shall have no liability or obligation to Employee or any other person claiming under or through her for compensation or benefits hereunder by reason of such termination.

Termination for Absenteeism. (ai) Regular attendance at work or in conducting work is an essential element of Employee's job’s Position. Without limiting the Company's ’s right to terminate Employee pursuant to Section 9.1 9(b) or 9.3 9(d) herein, in the event that Employee is absent for more than one hundred and fifty (150) days within any rolling twelve (12) month period, Employee's ’s employment hereunder may be terminated by Company. (bii) In the event of a termination of Employee's ’s employment hereunder pursuant to Section 9.8(a9(f)(i), Employee will be entitled eligible to receive all accrued and unpaid (as of the date of such termination) Base Salary and Benefits and other forms of compensation and bonus payable or provided in accordance with the terms of any then existing compensation, bonus or benefit plan or arrangement ("Other Compensation"), including payments prescribed under any disability or life insurance plan or arrangement in which Employee is a participant or to which Employee is a party as an employee of the Company. In addition, provided Employee signs Company’s standard form termination letter as provided for a period of one year following such terminationin Section 10 below, Employee shall be entitled to receive eligible for (i) regular installments continued payment of Employee’s Base Salary at Salary, and (ii) continued payment (during the rate period of COBRA coverage) of the Company’s portion of the premium for medical and dental coverage on terms and conditions comparable to those most recently provided to the Employee pursuant to this Agreement (to the extent such coverage is not provided under other Company policies, plans or programs relating to Disability), both for the period of twelve (12) months commencing upon the Effective Date of the release as defined in effect at Section 10 below. Such severance payments shall be inclusive of all applicable income, social security and other taxes and charges which are required by law to be withheld by the Company and shall be withheld and paid in accordance with the Company’s normal payroll practice for its employees from time of such termination, such amount being to time in effect. Such severance amounts shall be reduced by the amount of payments received by the Employee with respect to this period pursuant to any Social Security entitlement or any long term disability or any other employee benefit plan, policy or program maintained to provide benefits in the event of disability in which the Employee was entitled to participate at the time of termination under Section 9.8(a9(f)(i), and (ii) medical and dental coverage on terms and conditions comparable to those most recently provided to the Employee pursuant to this Agreement, to the extent such coverage is not provided under other Company policies, plans or programs relating to Disability. Except as specifically set forth in this Section 9.8(b9(f)(i), the Company shall have no liability or obligation to Employee or any other person claiming under or through his for compensation or benefits hereunder by reason in the event of such termination.

Termination for Absenteeism. (aA) Regular attendance at work or in conducting work is an essential element of Employee's job. Without limiting the Company's right to terminate Employee pursuant to Section 9.1 10.2 or 9.3 10.4 herein, in the event that Employee is absent for more than one hundred and fifty (150) days within any twelve (12) month period, Employee's employment hereunder may be terminated by Company. (bB) In the event of a termination of Employee's employment hereunder pursuant to Section 9.8(a10.6(a), Employee will be entitled to receive all accrued and unpaid (as of the date of such termination) Base Salary base salary and Benefits and other forms of compensation and bonus payable or provided in accordance with the terms of any then existing compensation, bonus or benefit plan or arrangement ("Other Compensation"), including payments prescribed under any disability or life insurance plan or arrangement in which Employee is a participant or to which Employee is a party as an employee of the Company. In addition, provided Employee signs Company's standard form termination letter as provided for a period of one year following such terminationin Section 11 below, Employee shall be entitled to receive (i) regular installments severance in an amount equal to the Employee's base salary, and (ii) medical and dental coverage on terms and conditions comparable to those most recently provided to the Employee pursuant to this Agreement (to the extent such coverage is not provided under other Company policies, plans or programs relating to Disability), both (i) and (ii) for the period of Base Salary at eighteen (18) months commencing upon the rate in effect at the time date of such termination. Employee shall also be entitled to receive severance in an amount equal to fifty percent (50%) of Employee's target bonus (plus special bonus if terminated prior to December 31, 2000) for the year in which Employee was terminated, payable over a period of eighteen (18) months commencing upon the date of such amount being termination Such severance amounts shall be reduced by the amount of payments received by the Employee with respect to this period pursuant to any Social Security entitlement or any long term disability or any other employee benefit plan, policy or program maintained to provide benefits in the event of disability in which the Employee was entitled to participate at the time of termination under Section 9.8(a10.6(a), and (ii) medical and dental coverage on terms and conditions comparable to those most recently provided to the Employee pursuant to this Agreement, to the extent such coverage is not provided under other Company policies, plans or programs relating to Disability. Except as specifically set forth in this Section 9.8(b10.6(b), the Company shall have no liability or obligation to Employee for compensation or benefits hereunder by reason of such termination.