Common use of Termination of Employment by the Company Without Cause Clause in Contracts

Termination of Employment by the Company Without Cause. Notwithstanding the provisions of Section 2 of this Agreement, the Board of Directors may terminate the Executive's employment, as provided under this Agreement, at any time, for reasons other than for Cause by notifying the Executive in writing of such termination. Notwithstanding the provisions of Section 2 of this Agreement, the Executive's employment shall terminate immediately and without further notice (and such termination shall constitute termination without Cause) in the event of the Executive's death, or the continuous and uninterrupted inability to perform the Executive's duties on behalf of the Company, by reason of accident, mental or physical illness or impairment, or disease, for a period of one hundred eighty (180) days from the first day of such inability to perform his duties. In the case of termination of the Executive by the Company without Cause pursuant to this Section 10, for a period equal to the greater of one (1) year and the remainder of the Employment Period (the "Severance Period"), the Company shall pay the Executive his base salary at the rate and in the manner required by Section 3 and in effect immediately prior to the date of termination (less any payments paid during the Severance Period to the Executive pursuant to any disability insurance policies maintained by the Company) and provide the Executive with the employee welfare benefits required by Section 5 and in effect immediately prior to the date of termination (at the same cost to the Executive as the cost of such benefits to an employee of the Company). Except as provided in this Section 10 and in Sections 15 and 16 of this Agreement, following termination of the Executive by the Company without Cause, the Company and the Executive shall have no further obligations under this Agreement.

Termination of Employment by the Company Without Cause. Notwithstanding the provisions of Section 2 of this Agreement, the Board of Directors may terminate the Executive's employment, ’s employment as provided under this Agreement, at any time, for reasons other than for Cause by notifying the Executive in writing of such termination. Notwithstanding the provisions of Section 2 of this Agreement, If the Executive's ’s employment shall terminate immediately and without further notice (and such termination shall constitute termination without Cause) in the event of the Executive's death, or the continuous and uninterrupted inability to perform the Executive's duties on behalf of the Company, by reason of accident, mental or physical illness or impairment, or disease, for a period of one hundred eighty (180) days from the first day of such inability to perform his duties. In the case of termination of the Executive by the Company without Cause is terminated pursuant to this Section 10, for a period equal to the greater of one (1) year and the remainder of the Employment Period (the "Severance Period"), the Company shall pay the Executive his in accordance with the normal payroll practices of the Company, an amount equal to one (1) year of the Executive’s base salary, or, if the Executive’s employment is terminated before May 15, 2005, the remaining base salary otherwise payable to the Executive during the Employment Period, in either case, the Executive’s base salary shall be payable at the rate and in the manner required by Section 3 of this Agreement and in effect immediately prior to the date of termination (less the Executive’s employment was terminated. The payments described in the immediately preceding sentence shall be reduced by any payments income paid during the Severance Period to the Executive during the severance period from other employment or consulting services he performs for other persons or entities. Upon termination of his employment, the Executive shall immediately forfeit all rights and benefits he would otherwise have been entitled to receive, including but not limited to any right to compensation pursuant to Sections 3, 4, or 5 of this Agreement (including any disability insurance policies maintained by the Company) and provide the Executive with the employee welfare benefits required by Section 5 and in effect immediately prior right to the date grant of termination (at the same cost Option under Section 4.B), except to the Executive as the cost of extent that such benefits to an employee of shall have vested and continue after the Company). Except as provided in this Section 10 and in Sections 15 and 16 of this Agreement, following termination of the Executive by Executive’s employment under the Company without Cause, terms of the applicable benefit plans and programs or this Section 10. The Company and the Executive shall have no further obligations under this Agreement except as otherwise provided in this Section and Sections 13 and 14 of this Agreement.