Termination on Termination Date. (a) Subject to clauses 7.1 and 7.2, this Agreement will come to an end on the Termination Date or any revised Termination Date agreed in writing between the parties.
Termination on Termination Date. Unless the Merger has occurred, or unless otherwise agreed in writing by the parties hereto, this Agreement, the Agreement of Merger, the Merger and all transactions related thereto will automatically terminate without the need for action on the part of any party hereto at Midnight Pacific Time on September 30, 1996 (such time and date being hereinafter referred to as the "TERMINATION DATE") if by that time all of the conditions precedent to the parties' obligation to effect the Merger set forth in Sections 8 and 9 hereof have not been satisfied or waived in writing by the appropriate party.
Termination on Termination Date. If Closing shall not have occurred (other than through the failure of any party seeking to terminate this Agreement to comply fully with its obligations under this Agreement) on or before the Termination Date, or such later date as the parties may agree upon, this Agreement shall automatically terminate, without prejudice to any party's rights and remedies available under law, including the right to recover expenses, costs and other damages.
Termination on Termination Date. Except as provided in section 9(a), if ESI terminates Executive’s employment without Cause on the Termination Date, Executive shall be entitled to receive: (i) the Base Salary and Annual Bonus earned and payable through the effective date of Executive’s termination, together with any other compensation or benefits which have been earned or become payable as of the Termination Date but which have not yet been paid to Executive; (ii) a severance payment (subject to applicable taxes and withholding) paid in equal installments in accordance with the ESI’s normal pay practices in an amount equal to one year of the Executive’s Base Salary at the time of termination; provided that payments made pursuant to this subsection (ii) shall be repaid by Executive in the event Executive violates in any material respect the provisions of section 11 hereof; and (iii) until such time as Executive becomes eligible for Medicare or retirement benefits, maintenance in effect of all employee medical and dental benefit plans which are substantially equivalent to those in which Executive was participating immediately prior to termination. 38 (e)
