Common use of Termination for Death Clause in Contracts

Termination for Death. (a) The Employment Term will terminate immediately upon Executive’s death. Upon such termination, Company will pay to any beneficiaries designated by Executive in writing in Exhibit C (the “Death Benefits Recipients”), or in the absence of such designation, to Executive’s estate, in lieu of any other severance benefits or any other compensation: (i) the Base Salary due the Executive through the date of Executive’s death, plus other amounts to which Executive is entitled under any bonus or compensation plan or practice of Company at the time of Executive’s death; (ii) Executive’s annual Base Salary as in effect immediately prior to the date of death, payable over the twelve (12) month period commencing on the date of death in equal monthly installments; (iii) an amount equal to Executive’s Bonus for the year in which Executive’s death occurs, payable over the twelve (12) month period commencing on the date of death in equal monthly installments. (b) In addition, for the period beginning on the date of death and ending on the date which is twelve (12) full months following the date of death (or, if earlier, the date on which the applicable continuation period under COBRA expires), Company will reimburse Executive’s eligible dependents for the costs associated with continuation coverage for such eligible dependents pursuant to COBRA) (provided that Executive’s dependents will be solely responsible for all matters relating to such continuation of coverage pursuant to COBRA, including, without limitation, election of such coverage and the timely payment of premiums), or for any health insurance premiums of Executive’s health insurance paid by Company prior to termination of employment pursuant to this Section 7.5 for which continuation coverage pursuant to COBRA is not available. (c) Executive may change the Death Benefits Beneficiaries by written notice to Company.

Appears in 3 contracts

Samples: Executive Employment Agreement (Micromet, Inc.), Executive Employment Agreement (Micromet, Inc.), Executive Employment Agreement (Micromet, Inc.)

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Termination for Death. (a) The Employment Term will terminate immediately upon Executive’s death. Upon such termination, Company will pay to any beneficiaries designated by Executive in writing in Exhibit C (the “Death Benefits Recipients”), or in the absence of such designation, to Executive’s estate, in lieu of any other severance benefits or any other compensation: (i) the Base Salary due the Executive through the date of Executive’s death, plus other amounts to which Executive is entitled under any bonus or compensation plan or practice of Company at the time of Executive’s death; (ii) Executive’s annual Base Salary base salary as in effect immediately prior to the date of death, payable over the twelve (12) month period commencing on the date of death in equal monthly installments; (iii) an amount equal to Executive’s Bonus for the year in which Executive’s death occurs, payable over the twelve (12) month period commencing on the date of death in equal monthly installments. (b) In addition, for the period beginning on the date of death and ending on the date which is twelve (12) full months following the date of death (or, if earlier, the date on which the applicable continuation period under COBRA expires), Company will reimburse Executive’s eligible dependents for the costs associated with continuation coverage for such eligible dependents pursuant to COBRA) (provided that Executive’s dependents will be solely responsible for all matters relating to such continuation of coverage pursuant to COBRA, including, without limitation, election of such coverage and the timely payment of premiums), or for any health insurance premiums of Executive’s health insurance paid by Company prior to termination of employment pursuant to this Section 7.5 for which continuation coverage pursuant to COBRA is not available. (c) Executive may change the Death Benefits Beneficiaries by written notice to Company.

Appears in 3 contracts

Samples: Executive Employment Agreement (Micromet, Inc.), Executive Employment Agreement (Micromet, Inc.), Executive Employment Agreement (Micromet, Inc.)

Termination for Death. (a) The Employment Term This Agreement will terminate immediately upon Executive’s death. . (b) Upon such terminationtermination of this Agreement due to Executive’s death, the Company will pay to any beneficiaries designated by Executive in writing in Exhibit C (the “Death Benefits Recipients”)C, or in the absence of such designation, to Executive’s estate, (each a “Death Benefits Recipient”) (i) the Base Salary due Executive through the date of termination, (ii) for any accrued PTO not taken by the Executive at the time of termination, and (iii) any other amounts to which Executive was entitled at the time of termination under any bonus or compensation plan or practice of the Company, provided, however, that any bonus payments under the MICP will be governed by Section 6.2(c)(ii) and not this Section; (c) In addition, the Company will pay the Death Benefits Recipient(s), in lieu of any other severance benefits or any other compensation:, the Severance Benefits set forth in Section 6.2(c)(i) - (iv); provided that if the Company provides the Executive with life insurance coverage which is at least two (2) times the Executive’s Base Salary, then the payment of such life insurance to the beneficiaries designated in the insurance policy will replace the Company’s obligation to pay the Death Benefits Recipient(s) the Severance Benefits set forth in Section 6.2(c)(i) – (iii). (id) In addition, provided the Base Salary due the Executive through the date of Executive’s death, plus other amounts to which Executive is entitled under any bonus or compensation dependents are participating in the Company’s health insurance plan or practice of Company at the time of Executive’s his death; (ii) Executive’s annual Base Salary as in effect immediately prior to the date of death, payable over the twelve (12) month period commencing on the date of death in equal monthly installments; (iii) an amount equal to Executive’s Bonus for the year in which Executive’s death occurs, payable over the twelve (12) month period commencing on the date of death in equal monthly installments. (b) In addition, for the period beginning on the date of death and ending on the date which is twelve (12) full months following the date of death (or, if earlier, the date on which the applicable continuation period under COBRA or applicable state coverage continuation coverage laws expires), the Company will reimburse Executive’s eligible dependents (1) for the costs associated with continuation coverage for such eligible dependents pursuant to COBRACOBRA or any corresponding state law) (provided that Executive’s dependents will be solely responsible for all matters relating to such continuation of coverage pursuant to COBRACOBRA or any corresponding state law, including, without limitation, election of such coverage and the timely payment of premiums), or for any health insurance premiums of (2) if Executive’s dependents are participating the Company’s health insurance paid by Company prior to plans on the termination of employment pursuant to this Section 7.5 date and are not eligible for which continuation coverage pursuant to either COBRA is not or any corresponding state law, for the premiums for conversion coverage if available., otherwise for the premiums of any health insurance with coverage comparable to that under the Company’s health insurance plans for Executive and his eligible dependents who were covered under the Company’s health insurance plans as of the date of the termination of this Agreement in either case up to a maximum of 2 times the premium paid by the Company on the Executive’s behalf under the Company’s plan ; and (ce) Executive may change the Death Benefits Beneficiaries any beneficiary designated in Exhibit C by written notice to the Company.

Appears in 2 contracts

Samples: Executive Employment Agreement (Micromet, Inc.), Executive Employment Agreement (Micromet, Inc.)

Termination for Death. (a) The Employment Term will terminate immediately upon Executive’s death. Upon such termination, the Company will pay to any beneficiaries designated by Executive in writing in Exhibit C (the “Death Benefits Recipients”), or in the absence of such designation, to Executive’s estate, in lieu of any other severance benefits or any other compensation: (i) the Base Salary due the Executive through the date of Executive’s death, plus other amounts to which Executive is entitled under any bonus or compensation plan or practice of the Company at the time of Executive’s death; (ii) Executive’s annual Base Salary as in effect immediately prior to the date of death, payable over the twelve (12) month period commencing on the date of death in equal monthly installments, provided, however, that any installments remaining to be paid on March 15 of the calendar year immediately following the year of the Executive’s death shall be accelerated and paid in full at that time; (iii) an amount equal to Executive’s Bonus for the year in which Executive’s death occurs, payable over the twelve (12) month period commencing on the date of death in equal monthly installmentsinstallments provided, however, that any installments remaining to be paid on March 15 of the calendar year immediately following the year of the Executive’s death shall be accelerated and paid in full at that time. (b) In addition, for the period beginning on the date of death and ending on the date which is twelve (12) full months following the date of death (or, if earlier, the date on which the applicable continuation period under COBRA or applicable state coverage continuation laws expires), the Company will reimburse Executive’s eligible dependents for the costs associated with continuation coverage for such eligible dependents pursuant to COBRACOBRA or applicable state analog) (provided that Executive’s dependents will be solely responsible for all matters relating to such continuation of coverage pursuant to COBRACOBRA or applicable state analog, including, without limitation, election of such coverage and the timely payment of premiums), or for any health insurance premiums of Executive’s health insurance paid by the Company prior to termination of employment pursuant to this Section 7.5 for which continuation coverage pursuant to COBRA is not available. (c) Executive may change the Death Benefits Beneficiaries by written notice to the Company.

Appears in 1 contract

Samples: Executive Employment Agreement (Micromet, Inc.)

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Termination for Death. (a) The Employment Term This Agreement will terminate immediately upon Executive’s death. . (b) Upon such terminationtermination of this Agreement due to Executive’s death, the Company will pay to any beneficiaries designated by Executive in writing in Exhibit C (the “Death Benefits Recipients”)C, or in the absence of such designation, to Executive’s estate, (each a “Death Benefits Recipient”) (i) the Base Salary due Executive through the date of termination, (ii) for any accrued PTO not taken by the Executive at the time of termination, and (iii) any other amounts to which Executive was entitled at the time of termination under any bonus or compensation plan or practice of the Company, provided, however, that any bonus payments under the MICP will be governed by Section 6.2(c)(ii) and not this Section; (c) In addition, the Company will pay the Death Benefits Recipient(s), in lieu of any other severance benefits or any other compensation:, the Severance Benefits set forth in Section 6.2(c)(i) - (iv); provided that if the Company provides the Executive with life insurance coverage which is at least two (2) times the Executive’s Base Salary, then the payment of such life insurance to the beneficiaries designated in the insurance policy will replace the Company’s obligation to pay the Death Benefits Recipient(s) the Severance Benefits set forth in Section 6.2(c)(i) – (iii). (id) In addition, provided the Base Salary due the Executive through the date of Executive’s death, plus other amounts to which Executive is entitled under any bonus or compensation dependents are participating the Company’s health insurance plan or practice of Company at the time of Executive’s his death; (ii) Executive’s annual Base Salary as in effect immediately prior to the date of death, payable over the twelve (12) month period commencing on the date of death in equal monthly installments; (iii) an amount equal to Executive’s Bonus for the year in which Executive’s death occurs, payable over the twelve (12) month period commencing on the date of death in equal monthly installments. (b) In addition, for the period beginning on the date of death and ending on the date which is twelve (12) full months following the date of death (or, if earlier, the date on which the applicable continuation period under COBRA or applicable state coverage continuation coverage laws expires), the Company will reimburse Executive’s eligible dependents (1) for the costs associated with continuation coverage for such eligible dependents pursuant to COBRACOBRA or any corresponding state law) (provided that Executive’s dependents will be solely responsible for all matters relating to such continuation of coverage pursuant to COBRACOBRA or any corresponding state law, including, without limitation, election of such coverage and the timely payment of premiums), or for any health insurance premiums of (2) if Executive’s dependents are participating the Company’s health insurance paid by Company prior to plans on the termination of employment pursuant to this Section 7.5 date and are not eligible for which continuation coverage pursuant to either COBRA is not or any corresponding state law, for the premiums for conversion coverage if available., otherwise for the premiums of any health insurance with coverage comparable to that under the Company’s health insurance plans for Executive and his eligible dependents who were covered under the Company’s health insurance plans as of the date of the termination of this Agreement in either case up to a maximum of 2 times the premium paid by the Company on the Executive’s behalf under the Company’s plan ; and (ce) Executive may change the Death Benefits Beneficiaries any beneficiary designated in Exhibit C by written notice to the Company.

Appears in 1 contract

Samples: Executive Employment Agreement (Micromet, Inc.)

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