Common use of Termination Other Than for Cause Clause in Contracts

Termination Other Than for Cause. If the Employee ceases to be employed by the Company, other than by reason of death or disability as defined in Section 5 or termination for Cause as defined in Section 4(c), no further installments of this option shall become exercisable, and this option may no longer be exercised after the passage of three months from the Employee's last day of employment, but in no event later than the scheduled expiration date. For purposes hereof, employment shall not be considered as having terminated during any leave of absence if such leave of absence has been approved in writing by the Company and if such written approval contractually obligates the Company to continue the employment of the Employee after the approved period of absence; in the event of such an approved leave of absence, vesting of this option shall be suspended (and the period of the leave of absence shall be added to all vesting dates) unless otherwise provided in the Company's written approval of the leave of absence. For purposes hereof, employment shall include a consulting arrangement between the Employee and the Company that immediately follows termination of employment, but only if so stated in a written consulting agreement executed by the Company that specifically refers to this option. This option shall not be affected by any change of employment within or among the Company and its Subsidiaries so long as the Employee continuously remains an employee of the Company or any Subsidiary.

Appears in 3 contracts

Samples: Incentive Stock Option Agreement (Smarterkids Com Inc), Incentive Stock Option Agreement (Learningstar Inc), 1999 Stock Plan Stock Option Agreement (Matrixone Inc)

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Termination Other Than for Cause. If the Employee ceases to be employed by the Company, other than by reason of death or disability as defined in Section 5 or termination for Cause as defined in Section 4(c), no further installments of this option shall become exercisable, and this option may no longer be exercised after the passage of three months from the Employee's ’s last day of employment, but in no event later than the scheduled expiration date. For purposes hereof, employment shall not be considered as having terminated during any leave of absence if such leave of absence has been approved in writing by the Company and if such written approval contractually obligates the Company to continue the employment of the Employee after the approved period of absence; in the event of such an approved leave of absence, vesting of this option shall be suspended (and the period of the leave of absence shall be added to all vesting dates) unless otherwise provided in the Company's ’s written approval of the leave of absence. For purposes hereof, employment shall include a consulting arrangement between the Employee and the Company that immediately follows termination of employment, but only if so stated in a written consulting agreement executed by the Company that specifically refers to this option. This option shall not be affected by any change of employment within or among the Company and its Subsidiaries so long as the Employee continuously remains an employee of the Company or any Subsidiary.

Appears in 3 contracts

Samples: Incentive Stock Option Agreement (Rib X Pharmaceuticals Inc), Incentive Stock Option Agreement (Citrix Systems Inc), Incentive Stock Option Agreement (Citrix Systems Inc)

Termination Other Than for Cause. If the Employee ceases to be employed by Participant’s Business Relationship with the CompanyCompany is terminated, other than by reason of death or disability as defined in Section 5 or termination for Cause as defined in Section 4(c), no further installments of this option shall become exercisable, and this option may no longer be exercised after the passage of three months from the Employee's last day of employmentdate the Participant’s Business Relationship with the Company terminates, but in no event later than the scheduled expiration date. For purposes hereof, employment Participant’s Business Relationship with the Company shall not be considered as having terminated during any leave of absence if such leave of absence has been approved in writing by the Company and if such written approval contractually obligates the Company to continue the employment of Participant’s Business Relationship with the Employee Company after the approved period of absence; in . In the event of such an approved leave of absence, vesting of this option shall be suspended (and the period of the leave of absence shall be added to all vesting dates) unless otherwise provided in the Company's ’s written approval of the leave of absence. For purposes hereof, employment shall include a consulting arrangement between the Employee and the Company that immediately follows termination of employment, but only if so stated in a written consulting agreement executed by the Company that specifically refers to this option. This option shall not be affected by any change of employment Business Relationship within or among the Company and its Subsidiaries so long as the Employee Participant continuously remains an employee of maintains his Business Relationship with the Company or any Subsidiary.

Appears in 3 contracts

Samples: Non Qualified Stock Option Agreement (Citrix Systems Inc), Non Qualified Stock Option Agreement (Citrix Systems Inc), Non Qualified Stock Option Agreement (Citrix Systems Inc)

Termination Other Than for Cause. If the Employee Optionee ceases to be employed by maintain a Business Relationship with the Company, other than by reason of death or disability as defined in Section 5 or termination for Cause as defined in Section 4(c), no further installments of this option shall become exercisable, and this option shall expire (may no longer be exercised exercised) after the passage of three months from the Employee's last day termination of employmentthe Optionee’s Business Relationship, but in no event later than the scheduled expiration date. For purposes hereof, employment a Business Relationship shall not be considered as having terminated during any leave of absence if such leave of absence has been approved in writing by the Company and if such written approval contractually obligates the Company to continue the employment Business Relationship of the Employee Optionee after the approved period of absence; in the event of such an approved leave of absence, vesting of this option shall be suspended (and the period of the leave of absence shall be added to all vesting dates) unless otherwise provided in the Company's ’s written approval of the leave of absence. For purposes hereof, employment shall include a consulting arrangement between the Employee and the Company that immediately follows termination of employment, but only if so stated in a written consulting agreement executed by the Company that specifically refers to this option. This option shall not be affected by any change in the type of employment Business Relationship the Optionee has within or among the Company and its Subsidiaries so long as the Employee Optionee continuously remains an employee of maintains a Business Relationship with the Company or any Subsidiary.

Appears in 3 contracts

Samples: www.sec.gov, Qualified Stock Option Agreement (Red Hat Inc), Red Hat Inc

Termination Other Than for Cause. If the Employee ceases to be employed by the Company, other than by reason of death or disability as defined in Section 5 or termination for Cause as defined in Section 4(c), no further installments of this option shall become exercisable, and this option may no longer be exercised after the passage of three months 90 days from the Employee's ’s last day of employment, but in no event later than the scheduled expiration date. For purposes hereof, employment shall not be considered as having terminated during any leave of absence if such leave of absence has been approved in writing by the Company and if such written approval contractually obligates the Company to continue the employment of the Employee after the approved period of absence; in the event of such an approved leave of absence, vesting of this option shall be suspended (and the period of the leave of absence shall be added to all vesting dates) unless otherwise provided in the Company's ’s written approval of the leave of absence. For purposes hereof, employment shall include a consulting arrangement between the Employee and the Company that immediately follows termination of employment, but only if so stated in a written consulting agreement executed by the Company that specifically refers to this option. This option shall not be affected by any change of employment within or among the Company and its Subsidiaries so long as the Employee continuously remains an employee of the Company or any Subsidiary.

Appears in 2 contracts

Samples: Incentive Stock Option Agreement (BG Medicine, Inc.), Incentive Stock Option Agreement (BG Medicine, Inc.)

Termination Other Than for Cause. If the Employee ceases to be employed by the Company, other than by reason of death or disability as defined in Section 5 or termination for Cause as defined in Section 4(c), no further installments of this option shall become exercisable, and this option shall expire (may no longer be exercised exercised) after the passage of three months from the Employee's ’s last day of employment, but in no event later than the scheduled expiration date. For purposes hereof, hereof employment shall not be considered as having terminated during any leave of absence if such leave of absence has been approved in writing by the Company and if such written approval contractually obligates the Company to continue the employment of the Employee after the approved period of absence; in the event of such an approved leave of absence, absence vesting of this option shall be suspended (and the period of the leave of absence shall be added to all vesting dates) unless otherwise provided in the Company's ’s written approval of the leave of absence. For purposes hereof, employment shall include a consulting arrangement between the Employee and the Company that immediately follows termination of employment, but only if so stated in a written consulting agreement executed by the Company that specifically refers to this option. This option shall not be affected by any change of employment within or among the Company and its Subsidiaries so long as the Employee continuously remains an employee of the Company or any SubsidiarySubsidiary (as defined in the Plan).

Appears in 2 contracts

Samples: www.sec.gov, Incentive Stock Option Agreement (Red Hat Inc)

Termination Other Than for Cause. If the Employee ceases to be employed by the Company, other than by reason of death or disability as defined in Section 5 or termination for Cause as defined in Section 4(c), no further installments vesting of Unvested Shares shall immediately cease, this option shall become exercisable, may be exercised only as to any Option Shares that are Vested Shares on the date of termination of the Employee’s employment and this option may no longer be exercised only on or prior to the date which is three months after the passage date of three months from termination of the Employee's last day of employment, ’s employment (but in no event not later than the scheduled expiration date) . In the event of termination of employment, the Repurchase Option described in Section 6 shall also be applicable. For purposes hereof, employment shall not be considered as having terminated during any leave of absence if such leave of absence has been approved in writing by the Company and if such written approval contractually obligates the Company to continue the employment of the Employee after the approved period of absence; in the event of such an approved leave of absence, vesting of this option shall be suspended (and the period of the leave of absence shall be added to all vesting dates) unless otherwise provided in the Company's ’s written approval of the leave of absence. For purposes hereof, employment shall include a consulting arrangement between the Employee and the Company that immediately follows termination of employment, but only if so stated in a written consulting agreement executed by the Company that specifically refers to this option. This option shall not be affected by any change of employment within or among the Company and its Subsidiaries so long as the Employee continuously remains an employee of the Company or any Subsidiary.

Appears in 2 contracts

Samples: www.sec.gov, Qualified Stock Option Agreement (Rib X Pharmaceuticals Inc)

Termination Other Than for Cause. If the Employee ceases to be employed by the Company, other than by reason of death or disability as defined in Section 5 or termination for Cause as defined in Section 4(c), no further installments vesting of Unvested Shares shall immediately cease, this option shall become exercisable, may be exercised only as to any Option Shares that are Vested Shares on the date of termination of the Employee’s employment and this option may no longer be exercised only on or prior to the date which is three months after the passage date of three months from termination of the Employee's last day of employment, ’s employment (but in no event not later than the scheduled expiration date). In the event of termination of employment, the Repurchase Option described in Section 6 shall also be applicable. For purposes hereof, employment shall not be considered as having terminated during any leave of absence if such leave of absence has been approved in writing by the Company and if such written approval contractually obligates the Company to continue the employment of the Employee after the approved period of absence; in the event of such an approved leave of absence, vesting of this option shall be suspended (and the period of the leave of absence shall be added to all vesting dates) unless otherwise provided in the Company's ’s written approval of the leave of absence. For purposes hereof, employment shall include a consulting arrangement between the Employee and the Company that immediately follows termination of employment, but only if so stated in a written consulting agreement executed by the Company that specifically refers to this option. This option shall not be affected by any change of employment within or among the Company and its Subsidiaries so long as the Employee continuously remains an employee of the Company or any Subsidiary.

Appears in 2 contracts

Samples: Incentive Stock Option Agreement (SALARY.COM, Inc), Stock Option Agreement (SALARY.COM, Inc)

Termination Other Than for Cause. If the Employee ceases Optionee’s employment is terminated for any reason other than for Cause (as defined in paragraph (c) of this Section) and the Option is not fully vested, then the unvested portion of the Option shall be forfeited unless the Committee determines, in its discretion prior to the termination of employment of the Optionee to accelerate the vesting of any portion of the Option. If the Committee determines to vest any unvested portion of the Option pursuant to the preceding sentence, such vesting shall be employed by subject to and effective only if the CompanyOptionee executes and delivers a Settlement Agreement and Release (“Release”) satisfactory to the Company on or before the Decision Date (as defined in the Release). If the employment of the Optionee terminates, other than by reason of death or disability (as defined in Section 5 6) or termination for Cause (as defined in Section 4(cparagraph (c) of this Section), no further installments of this option the Option shall become exercisable, expire and this option may no longer be exercised after the passage of three months from the Employee's last day termination of the Optionee’s employment, but in no event later than the scheduled expiration dateExpiration Date. For purposes hereof, employment shall not be considered as having terminated during any leave of absence if such the leave of absence has been approved in writing by the Company and if such written approval contractually obligates the Company to continue the employment of the Employee after the approved period of absenceCompany; in the event of such an approved any unpaid leave of absence, vesting of this option the Option shall be suspended (and the period unpaid portion of the leave of absence shall be added to all vesting installment dates) unless otherwise provided in the Company's written approval of the leave of absence. For purposes hereof, employment shall include a consulting arrangement between the Employee and the Company that immediately follows termination of employment, but only if so stated in a written consulting agreement executed determined by the Company that specifically refers to this option. This option shall not be affected by any change of employment within or among the Company and its Subsidiaries so long as the Employee continuously remains an employee of the Company or any SubsidiaryCommittee.

Appears in 1 contract

Samples: Realnetworks Inc

Termination Other Than for Cause. If the Employee ceases to be employed by the Company, other than by reason of death or disability as defined in Section 5 or termination for Cause as defined in Section 4(c), no further installments of this option shall become exercisable, and this option shall expire (may no longer be exercised exercised) after the passage of three months from the Employee's ’s last day of employment, but in no event later than the scheduled expiration date. For purposes hereof, employment shall not be considered as having terminated during any leave of absence if such leave of absence has been approved in writing by the Company and if such written approval contractually obligates the Company to continue the employment of the Employee after the approved period of absence; in the event of such an approved leave of absence, vesting of this option shall be suspended (and the period of the leave of absence shall be added to all vesting dates) unless otherwise provided in the Company's ’s written approval of the leave of absence. For purposes hereof, employment shall include a consulting arrangement between the Employee and the Company that immediately follows termination of employment, but only if so stated in a written consulting agreement executed by the Company that specifically refers to this option. This option shall not be affected by any change of employment within or among the Company and its Subsidiaries so long as the Employee continuously remains an employee of the Company or any SubsidiarySubsidiary (as defined in the Plan).

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Red Hat Inc)

Termination Other Than for Cause. If the Employee ceases to be employed by the Company, other than by reason of death or disability as defined in Section 5 or termination for Cause as defined in Section 4(c), no further installments of this option shall become exercisable, and this option shall expire (may no longer be exercised exercised) after the passage of three months from the Employee's ’s last day of employment, but in no event later than the scheduled expiration date. For purposes hereof, employment shall not be considered as having terminated during any leave of absence if such leave of absence has been approved in writing by the Company and if such written approval contractually obligates the Company to continue the employment of the Employee after the approved period of absence; in the event of such an approved leave of absence, vesting of this option shall be suspended (and the period of the leave of absence shall be added to all vesting dates) unless otherwise provided in the Company's ’s written approval of the leave of absence. For purposes hereof, employment shall include a consulting arrangement between the Employee and the Company that immediately follows termination of employment, but only if so stated in a written consulting agreement executed by the Company that specifically refers to this option. This option shall not be affected by any change of employment within or among the Company and its Subsidiaries so long as the Employee continuously remains an employee of the Company or any Subsidiary.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Netscout Systems Inc)

Termination Other Than for Cause. If the Employee ceases to be employed by the Company, other than by reason of death or disability as defined in Section 5 or termination for Cause as defined in Section 4(c), no further installments of this option shall become exercisable, and this option shall expire (may no longer be exercised exercised) after the passage of three months from the Employee's ’s last day of employment, but in no event later than the scheduled expiration dateExpiration Date. For purposes hereof, employment shall not be considered as having terminated during any leave of absence if such leave of absence has been approved in writing by the Company and if such written approval contractually obligates the Company to continue the employment of the Employee after the approved period of absence; in the event of such an approved leave of absence, vesting of this option shall be suspended (and the period of the leave of absence shall be added to all vesting dates) unless otherwise provided in the Company's ’s written approval of the leave of absence. For purposes hereof, employment shall include a consulting arrangement between the Employee and the Company that immediately follows termination of employment, but only if so stated in a written consulting agreement executed by the Company that specifically refers to this option. This option shall not be affected by any change of employment within or among the Company and its Subsidiaries so long as the Employee continuously remains an employee of the Company or any Subsidiary.

Appears in 1 contract

Samples: Restricted Stock Award Agreement (Acell Inc)

Termination Other Than for Cause. If the Employee ceases to be employed by the Company, other than by reason of death or disability as defined in Section 5 or termination for Cause as defined in Section 4(c), no further installments any portion of this option that is not exercisable on the date of termination shall become exercisableterminate immediately and be of no further force or effect. This option may be exercised only to the extent exercisable on the date of termination of the Employee's employment, and this option may no longer be exercised only on or prior to the earlier of the date that (i) is three months after the passage date of three months from termination of the Employee's last day of employment, employment (but in no event not later than the scheduled expiration date) and (ii) the Commencement Date of any Competitive Activity (as such terms are defined in Section 6(a)) by the Employee. In the event of termination of employment, the Competitive Activity Repurchase Option described in Section 6(a) shall be applicable. For purposes hereof, employment shall not be considered as having terminated during any leave of absence if such leave of absence has been approved in writing by the Company and if such written approval contractually obligates the Company to continue the employment of the Employee after the approved period of absence; in the event of such an approved leave of absence, vesting of this option shall be suspended (and the period of the leave of absence shall be added to all vesting dates) unless otherwise provided in the Company's written approval of the leave of absence. For purposes hereof, employment shall include a consulting arrangement between the Employee and the Company that immediately follows termination of employment, but only if so stated in a written consulting agreement executed by the Company that specifically refers to this option. This option shall not be affected by any change of employment within or among the Company and its Subsidiaries so long as the Employee continuously remains an employee of the Company or any Subsidiary.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Insulet Corp)

Termination Other Than for Cause. If the Employee ceases to be employed by Optionee's Business Relationship with the CompanyCompany and all Related Corporations is terminated, other than by reason of death death, disability or disability dissolution as defined in Section 5 or termination for Cause as defined in Section 4(c), no further installments of this option shall become exercisable, and this option may no longer be exercised after exercised, to the passage extent otherwise exercisable on the last day of the Business Relationship, for a period of three months from the Employee's last day of employmentdate the Business Relationship ceases, but in no event later than the scheduled expiration date. In such a case, the Optionee's only rights hereunder shall be those which are properly exercised before the termination of this option. For purposes hereof, employment the Business Relationship shall not be considered as having terminated during any leave of absence if such leave of absence has been approved in writing by the Company and if such written approval contractually obligates the Company to continue a Business Relationship with the employment of the Employee Optionee after the approved period of absence; in the event of such an approved leave of absence, vesting of this option shall be suspended (and the period of the leave of absence shall be added to all vesting dates) unless otherwise provided in the Company's written approval of the leave of absence. For purposes hereof, employment shall include a consulting arrangement between the Employee and the Company that immediately follows termination of employment, but only if so stated in a written consulting agreement executed by the Company that specifically refers to this option. This option shall not be affected by any change of employment within or among the Company and its Subsidiaries so long as the Employee continuously remains an employee of the Company or any Subsidiary.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Equallogic Inc)

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Termination Other Than for Cause. If the Employee ceases to be employed by the Company, other than by reason of death or disability as defined in Section 5 or termination for Cause as defined in Section 4(c), no further installments of this option shall become exercisable, and this option shall expire (may no longer be exercised exercised) after the passage of three months from the Employee's ’s last day of employment, but in no event later than the scheduled expiration date. For purposes hereof, employment shall not be considered as having terminated during any leave of absence if such leave of absence has been approved in writing by the Company and if such written approval contractually obligates the Company to continue the employment of the Employee after the approved period of absence; in the event of such an approved leave of absence, vesting of this option shall be suspended (and the period of the leave of absence shall be added to all vesting dates) unless otherwise provided in the Company's ’s written approval of the leave of absence. For purposes hereof, employment shall include a consulting arrangement between the Employee and the Company that immediately follows termination of employment, but only if so stated in a written consulting consuling agreement executed by the Company that specifically refers to this option. This option shall not be affected by any change of employment within or among the Company and its Subsidiaries so long as the Employee continuously remains an employee of the Company or any SubsidiarySubsidiary (as defined in the Plan).

Appears in 1 contract

Samples: Stock Option Agreement (Red Hat Inc)

Termination Other Than for Cause. If the Employee Optionee ceases to be employed by a employee of the Company, other than by reason of death or disability as defined in Section 5 hereof or termination for For Cause as defined in Section 4(c)11 of the Plan, no further installments this option may thereafter be exercised, to the extent it was vested and exercisable on the date of such termination, until the occurrence of the earlier of either (i) thirty (30) days following such termination; or (ii) expiration of the this option in accordance with Section 7(c) of the Plan. Any portion of this option that is not vested on the Optionee’s last day of service shall become exercisable, immediately expire and this option may be null and void and shall no longer be exercised after the passage of three months from the Employee's last day of employment, but in no event later than the scheduled expiration dateexercisable or exercised. For purposes hereof, employment service shall not be considered as having terminated during any leave of absence if such leave of absence has been approved in writing by the Company and if such written approval contractually obligates the Company to continue the employment service of the Employee Optionee after the approved period of absence; in the event of such an approved leave of absence, vesting of this option shall be suspended (and the period of the leave of absence shall be added to all vesting dates) unless otherwise provided in the Company's ’s written approval of the leave of absence. For purposes hereof, employment service shall include a consulting arrangement between the Employee Optionee and the Company that immediately follows termination of employmentservice, but only if so stated in a written consulting agreement executed by the Company that specifically refers to this option. This option shall not be affected by any change of employment Service within or among the Company and its Subsidiaries so long as the Employee Optionee continuously remains an employee of the Company or any Subsidiary.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Presstek Inc /De/)

Termination Other Than for Cause. If the Employee ceases Company terminates the employment of the Optionee for any reason other than for Cause (as defined in paragraph (c) of this Section) and the Option is not fully vested, the next installment of the Option scheduled to be employed by vest (if any) shall vest on a pro rata basis for the Companyportion of the year elapsed since the date on which the vesting of the option commences or the last anniversary thereof, expressed in full months (the “Pro Rata Portion”), provided that the Optionee executes and delivers a Settlement Agreement and Release (“Release”) satisfactory to the Company before the Effective Date (as defined in the Release). If the employment of the Optionee terminates, other than by reason of death or disability (as defined in Section 5 6) or termination by the Company for Cause (as defined in Section 4(cparagraph (c) of this Section), no further installments of this option the Option shall become exercisable, expire and this option may no longer be exercised after the passage of three months from the Employee's last day termination of the Optionee’s employment, but in no event later than the scheduled expiration dateExpiration Date. For purposes hereof, employment shall not be considered as having terminated during any leave of absence if such the leave of absence has been approved in writing by the Company and if such written approval contractually obligates the Company to continue the employment of the Employee after the approved period of absenceCompany; in the event of such an approved any unpaid leave of absence, vesting of this option the Option shall be suspended (and the period unpaid portion of the leave of absence shall be added to all vesting installment dates) unless otherwise provided in the Company's written approval of the leave of absence. For purposes hereof, employment shall include a consulting arrangement between the Employee and the Company that immediately follows termination of employment, but only if so stated in a written consulting agreement executed determined by the Company that specifically refers to this option. This option shall not be affected by any change of employment within or among the Company and its Subsidiaries so long as the Employee continuously remains an employee of the Company or any SubsidiaryCommittee.

Appears in 1 contract

Samples: Qualified Stock Option Terms and Conditions (Realnetworks Inc)

Termination Other Than for Cause. If the Employee ceases Company terminates the employment of the Optionee for any reason other than for Cause (as defined in paragraph (c) of this Section) and the Option is not fully vested, then the unvested portion of the Option shall be forfeited unless the Committee determines, in its discretion, prior to the termination of employment of the Optionee to accelerate the vesting of any portion of the Option. If the Committee determines to vest any unvested portion of the Option pursuant to the preceding sentence, such vesting shall be employed by subject to and effective only if the CompanyOptionee executes and delivers a Settlement Agreement and Release (“Release”) satisfactory to the Company on or before the Decision Date (as defined in the Release). If the employment of the Optionee terminates, other than by reason of death or disability (as defined in Section 5 6) or termination by the Company for Cause (as defined in Section 4(cparagraph (c) of this Section), no further installments of this option the Option shall become exercisable, expire and this option may no longer be exercised after the passage of three months from the Employee's last day termination of the Optionee’s employment, but in no event later than the scheduled expiration dateExpiration Date. For purposes hereof, employment shall not be considered as having terminated during any leave of absence if such the leave of absence has been approved in writing by the Company and if such written approval contractually obligates the Company to continue the employment of the Employee after the approved period of absenceCompany; in the event of such an approved any unpaid leave of absence, vesting of this option the Option shall be suspended (and the period unpaid portion of the leave of absence shall be added to all vesting installment dates) unless otherwise provided in the Company's written approval of the leave of absence. For purposes hereof, employment shall include a consulting arrangement between the Employee and the Company that immediately follows termination of employment, but only if so stated in a written consulting agreement executed determined by the Company that specifically refers to this option. This option shall not be affected by any change of employment within or among the Company and its Subsidiaries so long as the Employee continuously remains an employee of the Company or any SubsidiaryCommittee.

Appears in 1 contract

Samples: Qualified Stock Option Terms and Conditions (Realnetworks Inc)

Termination Other Than for Cause. If the Employee ceases to be employed by the Company, other than by reason of death or disability as defined in Section 5 or termination for Cause as defined in Section 4(c), no further installments of this option shall become exercisable, and this option may no longer be exercised after the passage of three months thirty days from the Employee's ’s last day of employment, but in no event later than the scheduled expiration date. For purposes hereof, employment shall not be considered as having terminated during any leave of absence if such leave of absence has been approved in writing by the Company and if such written approval contractually obligates the Company to continue the employment of the Employee after the approved period of absence; in the event of such an approved leave of absence, vesting of this option shall be suspended (and the period of the leave of absence shall be added to all vesting dates) unless otherwise provided in the Company's ’s written approval of the leave of absence. For purposes hereof, employment shall include a consulting arrangement between the Employee and the Company that immediately follows termination of employment, but only if so stated in a written consulting agreement executed by the Company that specifically refers to this option. This option shall not be affected by any change of employment within or among the Company and its Subsidiaries so long as the Employee continuously remains an employee of the Company or any Subsidiary.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Homeowners Choice, Inc.)

Termination Other Than for Cause. If the Employee Optionee ceases to be employed by engaged in a business relationship with the Company, other than by reason of death or disability as defined in Section 5 or termination for Cause as defined in Section 4(c), no further installments of this option shall become exercisable, and this option may no longer be exercised after the passage of three months from the EmployeeOptionee's last day of employmentthe business relationship, but in no event later than the scheduled expiration date. For purposes hereof, employment if the optionee is a natural person, the business relationship shall not be considered as having terminated during any leave of absence if such leave of absence has been approved in writing by the Company and if such written approval contractually obligates the Company to continue the employment of business relationship with the Employee Optionee after the approved period of absence; in the event of such an approved leave of absence, vesting of this option shall be suspended (and the period of the leave of absence shall be added to all vesting dates) unless otherwise provided in the Company's written approval of the leave of absence. For purposes hereof, employment business relationship shall include a consulting arrangement between the Employee Optionee and the Company that immediately follows termination of employment, but only if so stated in a written consulting agreement executed by the Company that specifically refers to this option. This option shall not be affected by any change of employment within or among the Company and its Subsidiaries so long as the Employee Optionee continuously remains an employee of maintains a business relationship with the Company or any Subsidiary.

Appears in 1 contract

Samples: Transwitch Corp /De

Termination Other Than for Cause. If the Employee Optionee ceases to be employed by maintain a Business Relationship with the Company, other than by reason of death or disability as defined in Section 5 or termination for Cause as defined in Section 4(c), no further installments of this option shall become exercisable, and this option shall expire (may no longer be exercised exercised) after the passage of three months from the Employee's last day termination of employmentthe Optionee’s Business Relationship, but in no event later than the scheduled expiration date. For purposes hereof, employment a Business Relationship shall not be considered as having terminated during any leave of absence if such leave of absence has been approved in writing by the Company and if such written approval contractually obligates the Company to continue the employment Business Relationship of the Employee Optionee after the approved period of absence; in the event of such an approved leave of absence, vesting of this option shall be suspended (and the period of the leave of absence shall be added to all vesting dates) unless otherwise provided in the Company's ’s written approval of the leave of absence. For purposes hereof, employment shall include a consulting arrangement between the Employee and the Company that immediately follows termination of employment, but only if so stated in a written consulting agreement executed by the Company that specifically refers to this option. This option shall not be affected by any change in the type of employment Business Relationship the Optionee has within or among the Company and its Subsidiaries so long as the Employee Optionee continuously remains an employee of maintains a Business Relationship with the Company or any SubsidiarySubsidiary (as defined in the Plan).

Appears in 1 contract

Samples: Exact Sciences Corp

Termination Other Than for Cause. If the Employee ceases to be employed by Company terminates the Company, employment of the Optionee for any reason other than by reason of death or disability for Cause (as defined in Section 5 paragraph (c) of this Section) and the Option is not fully vested, the next installment of the Option scheduled to vest (if any) shall vest on a pro rata basis for the portion of the year elapsed since the Grant Date or termination for Cause the last anniversary thereof, expressed in full months (the “Pro Rata Portion”), provided that the Optionee executes and delivers a Settlement Agreement and Release (“Release”) satisfactory to the Company before the Effective Date (as defined in Section 4(cthe Release), no further installments of this option ; and the Option shall become exercisable, expire and this option may no longer be exercised after the passage of three months from the Employee's last day termination of the Optionee’s employment, but in no event later than the scheduled expiration dateExpiration Date. For purposes hereof, employment shall not be considered as having terminated during any leave of absence if such the leave of absence has been approved in writing by the Company and if such written approval contractually obligates the Company to continue the employment of the Employee after the approved period of absenceCompany; in the event of such an approved any unpaid leave of absence, vesting of this option the Option shall be suspended (and the period unpaid portion of the leave of absence shall be added to all vesting installment dates) unless otherwise provided in the Company's written approval of the leave of absence. For purposes hereof, employment shall include a consulting arrangement between the Employee and the Company that immediately follows termination of employment, but only if so stated in a written consulting agreement executed determined by the Company that specifically refers to this option. This option shall not be affected by any change of employment within or among the Company and its Subsidiaries so long as the Employee continuously remains an employee of the Company or any SubsidiaryCommittee.

Appears in 1 contract

Samples: Qualified Stock Option Terms and Conditions (Realnetworks Inc)

Termination Other Than for Cause. If the Employee ceases to be employed by the CompanyCompany and all Related Corporations, other than by reason of death or disability as defined in Section 5 or termination for Cause as defined in Section 4(c), no further installments of this option shall become exercisable, and this option may no longer be exercised after exercised, to the passage extent otherwise exercisable on the last day of employment, for a period of three months from the Employee's last day of employment, but in no event later than the scheduled expiration date. In such a case, the Employee's only rights hereunder shall be those which are properly exercised before the termination of this option. For purposes hereof, employment shall not be considered as having terminated during any leave of absence if such leave of absence has been approved in writing by the Company and if such written approval contractually obligates the Company to continue the employment of the Employee after the approved period of absence; in the event of such an approved leave of absence, vesting of this option shall be suspended (and the period of the leave of absence shall be added to all vesting dates) unless otherwise provided in the Company's written approval of the leave of absence. For purposes hereof, employment shall include a consulting arrangement between the Employee and the Company that immediately follows termination of employment, but only if so stated in a written consulting agreement executed by the Company that specifically refers to this option. This option shall not be affected by any change of employment within or among the Company and its Subsidiaries so long as the Employee continuously remains an employee of the Company or any Subsidiary.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Equallogic Inc)

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