Common use of Termination Upon Executive’s Death or Disability Clause in Contracts

Termination Upon Executive’s Death or Disability. Upon Executive’s death or Disability: ​ 1. the Company shall pay to Executive (or Executive’s designated beneficiaries), an amount equal to Executive’s accrued but unpaid then-current Base Salary and Deferred Initial Bonus Amounts, as well as any unpaid expense reimbursements or similar cash entitlements, pursuant to the applicable policies of the Company and its Affiliates, through the Termination Date, but excluding any payments or benefits with respect to vacation time; ​ 2. provided that the Offtake Condition is achieved prior to the Termination Date as determined by the Board in good faith, to the extent ​ not yet paid to Executive (or Executive’s designated beneficiaries), the Company shall pay to Executive (or Executive’s designated beneficiaries) (x) the amount of Executive’s Annual Bonus for the last full year during which Executive performed services for the Partnership Parties, and (y) the amount of Executive’s Annual Bonus for the current year, based on Executive’s Annual Bonus for such last full year and pro-rated based on Executive’s Termination Date, which amounts shall be payable at the time, and to the extent that, such Annual Bonus amounts are payable to similarly situated executive officers of the Company; and 3. the treatment of each long-term incentive compensation award shall be governed by the terms and conditions of the applicable award agreement for such award and the Plan or similar incentive award program under which such award was granted. ​

Termination Upon Executive’s Death or Disability. Upon Executive’s death or Disability: ​: 1. the Company shall pay to Executive (or Executive’s designated beneficiaries), an amount equal to Executive’s accrued but unpaid then-current Base Salary and Deferred Initial Bonus Amounts, as well as any unpaid expense reimbursements or similar cash entitlements, pursuant to the applicable policies of the Company and its Affiliates, through the Termination Date, but excluding any payments or benefits with respect to vacation time; ​; 2. provided that the Offtake Condition is achieved prior to the Termination Date as determined by the Board in good faith, to the extent ​ not yet paid to Executive (or Executive’s designated beneficiaries), the Company shall pay to Executive (or Executive’s designated beneficiaries) (x) the amount of Executive’s Annual Bonus for the last full year during which Executive performed services for the Partnership Parties, and (y) the amount of Executive’s Annual Bonus for the current year, based on Executive’s Annual Bonus for such last full year and pro-rated based on Executive’s Termination Date, which amounts shall be payable at the time, and to the extent that, such Annual Bonus amounts are payable to similarly situated executive officers of the Company; and 3. the treatment of each long-term incentive compensation award shall be governed by the terms and conditions of the applicable award agreement for such award and the Plan or similar incentive award program under which such award was granted. ​.