Common use of Termination of Service (Except by Death) Clause in Contracts

Termination of Service (Except by Death). If an Optionee's Service terminates for any reason other than the Optionee's death, then the Optionee's Options shall expire on the earliest of the following occasions: (i) The expiration date determined pursuant to Subsection (g) above; (ii) The date three months after the termination of the Optionee's Service for any reason other than Disability; or (iii) The date six months after the termination of the Optionee's Service by reason of Disability The Optionee may exercise all or part of the Optionee's Options at any time before the expiration of such Options under the preceding sentence, but only to the extent that such Options had become exercisable before the Optionee's Service terminated (or became exercisable as a result of the termination) and the underlying Shares had vested before the Optionee's Service terminated (or vested as a result of the termination). The balance of such Options shall lapse when the Optionee's Service terminates. In the event that the Optionee dies after the termination of the Optionee's Service but before the expiration of the Optionee's Options, all or part of such Options may be exercised (prior to expiration) by the executors or administrators of the Optionee's estate or by any person who has acquired such Options directly from the Optionee by beneficiary designation, bequest or inheritance, but only to the extent that such Options had become exercisable before the Optionee's Service terminated (or became exercisable as a result of the termination) and the underlying Shares had vested before the Optionee's Service terminated (or vested as a result of the termination).

Termination of Service (Except by Death). If an the Optionee's Service service as ---------------------------------------- an Employee, Director, or Consultant terminates for any reason other than the Optionee's death, then the Optionee's Options this option shall expire on the earliest of the following occasions: (i) The expiration date determined pursuant to Subsection (ga) above;. (ii) The date three months thirty (30) days after the termination of the Optionee's Service service as an Employee, Director, or Consultant for any reason other than Total and Permanent Disability; or (iii) The date six (6) months after the termination of the Optionee's Service service as an Employee, Director, or Consultant by reason of Disability Total and Permanent Disability. The Optionee may exercise all or part of the Optionee's Options this option at any time before the its expiration of such Options under the preceding sentence, but only to the extent that such Options this option had become exercisable before the Optionee's Service terminated (or became exercisable as a result of the termination) and the underlying Shares had vested before the Optionee's Service terminated (or vested as a result of the termination)service terminated. The balance of such Options this option shall lapse when the Optionee's Service service as an Employee, Director, or Consultant terminates. In the event that the Optionee dies after the termination of the Optionee's Service service but before the expiration of the Optionee's Optionsthis option, all or part of such Options this option may be exercised (prior to expiration) by the executors or administrators of the Optionee's estate or by any person who has acquired such Options this option directly from the Optionee by beneficiary designation, bequest or inheritance, but only to the extent that such Options this option had become exercisable before the Optionee's Service terminated (or became exercisable as a result of the termination) and the underlying Shares had vested before the Optionee's Service terminated (or vested as a result of the termination)service terminated.

Termination of Service (Except by Death). If the Optionee’s service as an Optionee's Service Employee terminates for any reason other than the Optionee's death, then the Optionee's Options this Option shall expire on the earliest of the following occasions: (i) The expiration date determined pursuant to Subsection (g) aboveJune 14, 2012; (ii) The date three months one year after the termination of the Optionee's Service for any reason other than DisabilityTermination Date; or (iii) The date six months after time that Optionee is notified (orally or in writing) that he is being discharged for Cause; (as such term is defined in the termination Employment Agreement between Optionee and the Company of June 14, 2002); provided, however, that in the event Optionee initiates a proceeding under Section 16 of the Optionee's Service by reason Employment Agreement disputing the discharge for Cause, the right to exercise the Option shall (A) be extended from one year from the date judgment is entered in favor of Disability the Optionee or (B) expire one business day after judgment is entered in favor of the Company. The Optionee may exercise all or part of the Optionee's Options this Option at any time before the its expiration of such Options under the preceding sentence, but only to the extent that such Options this Option had become exercisable before the Optionee's Service terminated (or became exercisable as a result of the termination) and the underlying Shares had vested before the Optionee's Service terminated (or vested as a result of the termination)’s service terminated. The balance of such Options this Option shall lapse when the Optionee's Service ’s service as an Employee terminates. In the event that the Optionee dies after the termination of the Optionee's Service Termination Date but before the expiration of the Optionee's Optionsthis Option, all or part of such Options this Option may be exercised (prior to expiration) pursuant to Section 9(b) hereof by the executors or administrators of the Optionee's ’s estate or by any person who has acquired such Options this Option directly from the Optionee by beneficiary designation, bequest or inheritance, but only to the extent that such Options this Option had become exercisable before the Optionee's Service terminated (or became exercisable as a result of the termination) and the underlying Shares had vested before the Optionee's Service terminated (or vested as a result of the termination)’s service terminated.

Termination of Service (Except by Death). If an Optionee's ’s Service terminates for any reason other than the Optionee's ’s death, then the Optionee's ’s Options shall expire on the earliest of the following occasions: (i) The expiration date determined pursuant to Subsection (gf) above; (ii) The date three months after the termination of the Optionee's ’s Service for any reason other than Disability, or such later date as the Board of Directors may determine; or (iii) The date six months after the termination of the Optionee's ’s Service by reason of Disability Disability, or such later date as the Board of Directors may determine. The Optionee may exercise all or part of the Optionee's ’s Options at any time before the expiration of such Options under the preceding sentence, but only to the extent that such Options had become exercisable before the Optionee's ’s Service terminated (or became exercisable as a result of the termination) and the underlying Shares had vested before the Optionee's ’s Service terminated (or vested as a result of the termination). The balance of such Options shall lapse when the Optionee's ’s Service terminates. In the event that the Optionee dies after the termination of the Optionee's ’s Service but before the expiration of the Optionee's ’s Options, all or part of such Options may be exercised (prior to expiration) by the executors or administrators of the Optionee's ’s estate or by any person who has acquired such Options directly from the Optionee by beneficiary designation, bequest or inheritance, but only to the extent that such Options had become exercisable before the Optionee's ’s Service terminated (or became exercisable as a result of the termination) and the underlying Shares had vested before the Optionee's ’s Service terminated (or vested as a result of the termination).

Termination of Service (Except by Death). If an Optionee's ’s Service terminates for any reason other than the Optionee's ’s death, then the Optionee's ’s Options shall expire on the earliest of the following occasionsdates: (i) The expiration date determined pursuant to Subsection (ge) above; (ii) The date three months after the termination of the Optionee's ’s Service for any reason other than Disability, or such earlier or later date as the Board of Directors may determine (but in no event earlier than 30 days after the termination of the Optionee’s Service); or (iii) The date six months after the termination of the Optionee's ’s Service by reason of Disability Disability, or such later date as the Board of Directors may determine. The Optionee may exercise all or part of the Optionee's ’s Options at any time before the expiration of such Options under the preceding sentence, but only to the extent that such Options had become exercisable before the Optionee's ’s Service terminated (or became exercisable as a result of the termination) and the underlying Shares had vested before the Optionee's ’s Service terminated (or vested as a result of the termination). The balance of such Options shall lapse when the Optionee's ’s Service terminates. In the event that the Optionee dies after the termination of the Optionee's ’s Service but before the expiration of the Optionee's ’s Options, all or part of such Options may be exercised (prior to expiration) by the executors or administrators of the Optionee's ’s estate or by any person who has acquired such Options directly from the Optionee by beneficiary designation, bequest or inheritance, but only to the extent that such Options had become exercisable before the Optionee's ’s Service terminated (or became exercisable as a result of the termination) and the underlying Shares had vested before the Optionee's ’s Service terminated (or vested as a result of the termination).

Termination of Service (Except by Death). If an the Optionee's Service Continuous Status as an Employee or Consultant (as such term is defined in the Plan) terminates for any reason other than the Optionee's death, then the Optionee's Options this Option shall expire on the earliest of the following occasions: (i) The expiration date determined pursuant to Subsection (ga) aboveabove (the "Expiration Date"); (ii) The date that is twelve (12) months after the termination of Optionee's Continuous Status as an Employee or Consultant as a result of his or her total and permanent disability within the meaning of Section 22(e)(3) of the Code; (iii) The date that is six (6) months after the termination of Optionee's Continuous Status as an Employee or Consultant as a result of a disability which does not fall within the meaning of Subsection (ii) above, provided, however, that to the extent that Optionee fails -------- ------- to exercise an Option which is an ISO within three months of the date of such termination, the Option will not qualify for ISO treatment; (iv) The date that is six (6) months after Optionee's death if it occurs during the period of Continuous Status as an Employee or Consultant; or (v) The date three (3) months after the termination of the Optionee's Service for any reason other than Disability; or as described in Subsections (ii), (iii) The date six months after the termination of the Optionee's Service by reason of Disability or (iv) above. The Optionee may exercise all or part of the Optionee's Options this Option at any time before the its expiration of such Options under the preceding sentence, but only to the extent that such Options this Option had become vested and exercisable before the Optionee's Service terminated (or became exercisable as a result of the termination) and the underlying Shares had vested before the Optionee's Service terminated (or vested as a result of the termination)terminated. The balance of such Options shall lapse when When the Optionee's Service terminates, this Option shall expire immediately with respect to the number of Shares for which this Option is not yet vested and exercisable. In Notwithstanding the foregoing, in the event that the Optionee dies within thirty (30) days after the termination of the Optionee's Service but before the expiration of the Optionee's Optionsthis Option, all or part of such Options this Option may be exercised until the earlier of six (prior to expiration6) months after the date of Optionee's death or the Expiration Date by the executors or administrators of the Optionee's estate or by any person who has acquired such Options this Option directly from the Optionee by beneficiary designation, bequest or inheritance, but only to the extent that such Options this Option had become exercisable before the Optionee's Service terminated (or became exercisable as a result of the termination) and the underlying Shares had vested before the Optionee's Service terminated (or vested as a result of the termination)terminated.