Common use of Termination Other Than for Cause, Death or Disability Clause in Contracts

Termination Other Than for Cause, Death or Disability. (1) The Company shall, for any reason, be entitled to terminate this Agreement and Employee’s employment hereunder at any time without Cause and other than on account of Employee’s death or disability pursuant to this Section 5(d). (2) If this Agreement is terminated by the Company pursuant to this Section 5(d), the Company shall have no further obligation or liability to Employee, except that Employee shall be entitled to receive only (i) the Minimum Payments, and (ii) a severance payment of six (6) months of Employee’s then current salary as set forth in Section 4(a) payable in a lump sum within thirty (30) days after the Date of Termination or as otherwise mutually agreed to by the parties. Upon any termination under this Section 5(d), all restricted shares, options and other equity awards subject to any vesting restrictions shall immediately vest and become exercisable.