Common use of Termination Without Cause or for Disability; Constructive Termination Clause in Contracts

Termination Without Cause or for Disability; Constructive Termination. In the event that the Employment of Employee is terminated by Employers without Cause or the non-renewal of the Employment Period by Employers or as a result of the total disability of Employee or by Employee as a Constructive Termination Without Cause, Employee hereby agrees that during the period that the Employers are required to make payment to Employee (regardless of whether Employee accepts such payment, elects to receive a lump sum of such payment, refuses to execute and deliver a general release as required hereunder or if such obligation is reduced in any way due to Employee’s employment elsewhere) pursuant to Section 4(b), Section 4(c) or Section 4(d) above, as applicable, neither he nor any affiliate shall, either in his own behalf or as a partner, officer, director, employee, agent or shareholder (other than as the holder of less than 5% of the outstanding capital stock of any, corporation with a class of equity security registered under Section 12(b) or Section 12(g) of the Securities Exchange Act of 1934, as amended) engage in, invest in or render services to any person or entity engaged in the businesses in which Employers or any subsidiary of Employers is then engaged and situated within any country. Nothing contained in this Section 8(b) shall be construed as restricting the Employee’s right to sell or otherwise dispose of any business or investments owned or operated by Employee as of the date hereof.

Termination Without Cause or for Disability; Constructive Termination. In the event that the Employment of Employee is terminated by Employers without Cause or the non-renewal of the Employment Period by Employers or as a result of the total disability of Employee or by Employee as a Constructive Termination Without Causeconstructive termination, Employee hereby agrees that during the period that Employee accepts payments from the Employers are required to make payment to Employee (regardless of whether Employee accepts such payment, elects to receive a lump sum of such payment, refuses to execute and deliver a general release as required hereunder or if such obligation is reduced in any way due to Employee’s employment elsewhere) pursuant to Section 4(b), Section 4(c4(a) or Section 4(d4(c) above, as applicable, neither he nor any affiliate shall, either in his own behalf or as a partner, officer, director, employee, agent or shareholder (other than as the holder of less than 5% of the outstanding capital stock of any, any corporation with a class of equity security registered under Section 12(b) or Section 12(g) of the Securities Exchange Act of 1934, as amended) engage in, invest in or render services to any person or entity engaged in the businesses in which Employers or any subsidiary of Employers is then engaged and situated within any country. Nothing contained in this Section 8(b) shall be construed as restricting the Employee’s 's right to sell or otherwise dispose of any business or investments owned or operated by Employee as of the date hereof. In the event of Employee's violation of the provisions of Section 8(b), the right of Employee to receive any further payment pursuant to Section 4(a) or 4(c) above, as applicable, shall immediately terminate and the Employers shall be entitled to secure reimbursement from Employee for all payments made to Employee subsequent to the date of any such violation. The parties hereto hereby acknowledge and agree that the provisions of the immediately preceding sentence shall be the sole and exclusive remedy of the Employers in respect of any violation of this Section 8(b).

Termination Without Cause or for Disability; Constructive Termination. In the event that the Employment of Employee is terminated by Employers without Cause or the non-renewal of the Employment Period by Employers or as a result of the total disability of Employee or by Employee as a Constructive Termination Without CauseTermination, Employee hereby agrees that during the period that Employee accepts payments from the Employers are required to make payment to Employee (regardless of whether Employee accepts such payment, elects to receive a lump sum of such payment, refuses to execute and deliver a general release as required hereunder or if such obligation is reduced in any way due to Employee’s employment elsewhere) pursuant to Section 4(b), Section 4(c) or Section 4(d) above, as applicable, neither he nor any affiliate shall, either in his own behalf or as a partner, officer, director, employee, agent or shareholder (other than as the holder of less than 5% of the outstanding capital stock of any, corporation with a class of equity security registered under Section 12(b) or Section 12(g) of the Securities Exchange Act of 1934, as amended) engage in, invest in or render services to any person or entity engaged in the businesses in which Employers or any subsidiary of Employers is then engaged and situated within any country. Nothing contained in this Section 8(b) shall be construed as restricting the Employee’s right to sell or otherwise dispose of any business or investments owned or operated by Employee as of the date hereof.

Termination Without Cause or for Disability; Constructive Termination. In the event that the Employment of Employee is terminated (i) by Employers without Cause or Cause, (ii) due to the non-renewal of the Employment Period by Employers or Employers, (iii) as a result of the total disability of Employee or Employee, (iv) by Employee as a Constructive Termination Without CauseCause or (v) as a result of a Change of Control Termination, Employee hereby agrees that during the period that the Employers are required to make payment to Employee (regardless of whether Employee accepts such payment, elects to receive a lump sum of such payment, refuses to execute and deliver a general release as required hereunder or if such obligation is reduced in any way due to Employee’s 's employment elsewhere) pursuant to Section SECTION 4(b), Section SECTION 4(c), SECTION 4(d) or Section 4(d) SECTION 4(e), above, as applicable, neither he nor any affiliate shall, either in his own behalf or as a partner, officer, director, employee, agent or shareholder (other than as the holder of less than 5% of the outstanding capital stock of any, any1 corporation with a class of equity security registered under Section SECTION 12(b) or Section SECTION 12(g) of the Securities Exchange Act of 1934, as amended) engage in, invest in or render services to any person or entity engaged in the businesses in which Employers or any subsidiary of Employers is then engaged and situated within any country. Nothing contained in this Section SECTION 8(b) shall be construed as restricting the Employee’s 's right to sell or otherwise dispose of any business or investments owned or operated by Employee as of the date hereof.

Termination Without Cause or for Disability; Constructive Termination. In the event that the Employment of Employee is terminated by Employers without Cause or the non-renewal of the Employment Period by Employers or as a result of the total disability of Employee or by Employee as a Constructive Termination Without Cause, Employee hereby agrees that during the period that the Employers are required to make payment to Employee (regardless of whether Employee accepts such payment, elects to receive a lump sum of such payment, refuses to execute and deliver a general release as required hereunder or if such obligation is reduced in any way due to Employee’s employment elsewhere) pursuant to Section 4(b), Section 4(c) or Section 4(d) above, as applicable, neither he she nor any affiliate shall, either in his her own behalf or as a partner, officer, director, employee, agent or shareholder (other than as the holder of less than 5% of the outstanding capital stock of any, corporation with a class of equity security registered under Section 12(b) or Section 12(g) of the Securities Exchange Act of 1934, as amended) engage in, invest in or render services to any person or entity engaged in the businesses in which Employers or any subsidiary of Employers is then engaged and situated within any country. Nothing contained in this Section 8(b) shall be construed as restricting the Employee’s right to sell or otherwise dispose of any business or investments owned or operated by Employee as of the date hereof.