Common use of Termination other than Voluntary Resignation or Termination for Cause Clause in Contracts

Termination other than Voluntary Resignation or Termination for Cause. In the event the Executive's employment is terminated for any reason (including as a result of the Executive's Disability or due to the death of the Executive) except for termination as described in Section 5(b)(i) above, then the Executive or the Executive's estate, as the case may be, shall be entitled to receive (i) severance pay in an amount equal to one-half (1/2) of the Executive's Base Compensation for the year coinciding with the year of termination plus his Current Bonus, (ii) in addition to Executive's stock options that were exercisable immediately prior to such termination, the vesting of additional options shall accelerate and become exercisable by the Executive or the Executive's estate, as the case may be, as to that number of shares that would have vested if the Executive had remained continuously employed for a period of six (6) months following such termination (and if any of such options vest on an annual basis, the appropriate credit shall be given as if the vesting accrued monthly), and such options shall remain exercisable for the period prescribed in Executive's stock option agreements, and (iii) the same level of health (i.e., medical, vision and dental) coverage and benefits as in effect for the Executive on the day immediately preceding the day of Executive's termination of employment; provided, however, that (i) the Executive constitutes a qualified beneficiary, as defined in Section 4980B(g)(1) of the Internal Revenue Code of 1986, as amended (the "Code"); and (ii) Executive elects continuation coverage pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended ("COBRA"), within the time period prescribed pursuant to COBRA. The Company shall continue to provide Executive with health coverage until the earlier to occur of (i) the date Executive is no longer eligible to receive continuation coverage pursuant to COBRA, or (ii) eighteen (18) months from the termination date. In addition to the foregoing, Executive shall also be paid such other benefits (if any) as may then be established under the Company's then existing benefit plans at the time of such termination. Any severance payments except for the Current Bonus to which the Executive is entitled pursuant to this Section shall be paid in a lump sum within thirty (30) days of the Executive's termination. The Current Bonus to which the Executive is entitled pursuant to this Section shall be paid in a lump sum within thirty (30) days of the date that the Company's audit is complete for such year.

Termination other than Voluntary Resignation or Termination for Cause. In the event the Executive's employment is terminated for any reason (including as a result of the Executive's Disability or due to the death of the Executive) except for termination as described in Section 5(b)(i) above, then the Executive or the Executive's estate, as the case may be, shall be entitled to receive (i) severance pay in an amount equal to one-half (1/2) of the Executive's Base Compensation for the year coinciding with the year of termination plus his her Current Bonus, (ii) in addition to Executive's stock options that were exercisable immediately prior to such termination, the vesting of additional options shall accelerate and become exercisable by the Executive or the Executive's estate, as the case may be, as to that number of shares that would have vested if the Executive had remained continuously employed for a period of six (6) months following such termination (and if any of such options vest on an annual basis, the appropriate credit shall be given as if the vesting accrued monthly), and such options shall remain exercisable for the period prescribed in Executive's stock option agreements, and (iii) the same level of health (i.e., medical, vision and dental) coverage and benefits as in effect for the Executive on the day immediately preceding the day of Executive's termination of employment; provided, however, that (i) the Executive constitutes a qualified beneficiary, as defined in Section 4980B(g)(1) of the Internal Revenue Code of 1986, as amended (the "Code"); and (ii) Executive elects continuation coverage pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended ("COBRA"), within the time period prescribed pursuant to COBRA. The Company shall continue to provide Executive with health coverage until the earlier to occur of (i) the date Executive is no longer eligible to receive continuation coverage pursuant to COBRA, or (ii) eighteen (18) months from the termination date. In addition to the foregoing, Executive shall also be paid such other benefits (if any) as may then be established under the Company's then existing benefit plans at the time of such termination. Any severance payments except for the Current Bonus to which the Executive is entitled pursuant to this Section shall be paid in a lump sum within thirty (30) days of the Executive's termination. The Current Bonus to which the Executive is entitled pursuant to this Section shall be paid in a lump sum within thirty (30) days of the date that the Company's audit is complete for such year.