Common use of Termination of Employment, Etc Clause in Contracts

Termination of Employment, Etc. So long as the Optionee shall continue to be an Employee, the Option shall not be affected by (a) any temporary leave of absence approved in writing by the Company or an Affiliate, or (b) any change of duties or position (including transfer to or from an Affiliate). If the Optionee ceases to be an Employee for any reason other than death or Disability, the Option may be exercised only to the extent of the purchase rights, if any, which, pursuant to Section 4 hereof, existed as of the date the Optionee ceases to be an Employee and which have not theretofore been exercised; provided, however, that the Committee may in its absolute discretion determine (but shall not be under any obligation to determine) that such purchase rights shall be deemed to include additional Shares which are subject to the Option. Except as provided in Section 6 below, upon an Optionee’s ceasing to be an Employee, such purchase rights shall in any event terminate upon the earlier of either (a) three (3) months after the date the Optionee ceased to be an Employee (one (1) year after the date the Optionee ceased to be an Employee if the Optionee dies or becomes Disabled within three (3) months after ceasing to be an Employee), or (b) the last day of the term of the Option. Notwithstanding the preceding provisions of this Section 5, unless the Committee shall otherwise determine, upon the commission by the Optionee of a material breach of his obligations under any agreement with the Company or any Affiliate, the Optionee’s right to purchase Shares pursuant to the exercise of the Option shall terminate.

Termination of Employment, Etc. So long as the Optionee shall continue to be an Employee, the Option shall not be affected by (a) any temporary leave of absence approved in writing by the Company or an Affiliate, or (b) any change of duties or position (including transfer to or from an Affiliate). If the Optionee ceases to be an Employee for any reason other than death or Disability, the Option may be exercised only to the extent of the purchase rights, if any, which, pursuant to Section 4 hereof, existed as of the date the Optionee ceases to be an Employee and which have not theretofore been exercised; provided, however, that the Committee may in its absolute discretion determine (but shall not be under any obligation to determine) that such purchase rights shall be deemed to include additional Shares which are subject to the Option. Except as provided in Section 6 below, upon an Optionee’s ceasing to be an Employee, such purchase rights shall in any event terminate upon the earlier of either (a) three (3) months after the date the Optionee ceased to be an Employee (one (1) year after the date the Optionee ceased to be an Employee if the Optionee dies or becomes Disabled within three (3) months after ceasing to be an Employee), or (b) the last day of the term of the Option. Notwithstanding the preceding provisions of this Section 5, unless the Committee shall otherwise determine, upon (a) the Optionee’s ceasing to be an Employee by reason of an involuntary termination of such status for good cause, as determined by the Committee, or (b) the Optionee’s voluntary termination with the intention of rendering services to a competitor of the Company or any Affiliate or otherwise entering into competition with the Company or any Affiliate directly or indirectly, or (c) the commission by the Optionee of a material breach of his obligations under any agreement with the Company or any Affiliate, the Optionee’s right to purchase Shares pursuant to the exercise of the Option shall terminate.

Termination of Employment, Etc. So long as the Optionee shall continue ------------------------------- to be an EmployeeEligible Participant, the Option shall not be affected by (a) any temporary leave of absence approved in writing by the Company or an AffiliateAffiliate of the Company, or (b) any change of duties or position (including transfer to or from an a subsidiary or other Affiliate). If the Optionee ceases to be an Employee Eligible Participant for any reason other than death or Disabilitydeath, the Option may be exercised only to the extent of the purchase rights, if any, which, pursuant to Section 4 hereof, existed as of the date the Optionee ceases to be an Employee Eligible Participant and which have not theretofore been exercised; provided, however, that the Committee may in its absolute discretion determine (but shall not be under any obligation to determine) that such purchase rights shall be deemed to include additional Shares which are subject to the Option. Except as provided in Subject to the provisions of Section 6 below6, upon an Optionee’s 's ceasing to be an EmployeeEligible Participant, such purchase rights shall in any event terminate upon the earlier of either (a) three (3) months after the date the Optionee ceased to be an Employee (one (1) year after the date the Optionee ceased to be an Employee if the Optionee dies or becomes Disabled within three (3) months after ceasing to be an Employee)such, or (b) the last day of the term of the Option. Notwithstanding Nothing in this Agreement shall confer upon any Optionee any right to continue in the preceding provisions employ or service of this Section 5, unless the Committee shall otherwise determine, upon the commission by the Optionee of a material breach of his obligations under any agreement with the Company or any Affiliate, the Optionee’s right to purchase Shares pursuant to the exercise an Affiliate of the Option shall terminateCompany, or to interfere with or limit either the right of the Company or an Affiliate of the Company to terminate his employment or service at any time or the right of the stockholders of the Company or an Affiliate of the Company to remove him as a member of the Board of the Company or an Affiliate of the Company in any of the foregoing cases with or without cause.