Common use of Terms and Conditions of Payment Clause in Contracts

Terms and Conditions of Payment. The Company shall pay Executive the Retention Compensation and the Performance Incentive Bonus in accordance with the following terms and conditions: a. Each installment of Retention Compensation and Performance Incentive Bonus will be made on regularly scheduled paydays and will be subject to applicable withholdings. b. Each installment of Retention Compensation and Performance Incentive Bonus will be paid only if Executive is not, on such payday, subject to a performance improvement plan or disciplinary action. c. Executive will forfeit all unpaid installments of Retention Compensation and Performance Incentive Bonus if Executive voluntarily terminates his employment prior to a payday, or if Executive is involuntarily terminated for cause (as defined in the Employment Agreement). d. If Executive is terminated for any reason other than cause on or before December 31, 2001, Executive will receive a final, adjusted installment of Retention Compensation and Performance Incentive Bonus no later than on the next payroll date following Executive's termination, in an amount equal to the greater of the following (less applicable withholdings): (i) The sum of the Retention Compensation and the Performance Incentive Bonus, less any installments of Retention Compensation and Performance Incentive Bonus previously paid to Executive; or (ii) The amount of severance provided in the Employment Agreement, less any installments of Retention Compensation and Performance Incentive Bonus previously paid to Executive.

Terms and Conditions of Payment. The Company shall pay Executive the Retention Compensation and the Performance Incentive Bonus in accordance with the following terms and conditions: a. Each installment of Retention Compensation and Performance Incentive Bonus will be made on regularly scheduled paydays and will be subject to applicable withholdings. b. Each installment of Retention Compensation and Performance Incentive Bonus will be paid only if Executive is not, on such payday, subject to a performance improvement plan or disciplinary action. c. Executive will forfeit all unpaid installments of Retention Compensation and Performance Incentive Bonus if Executive voluntarily terminates his her employment prior to a payday, or if Executive is involuntarily terminated for cause (as defined in the Employment Agreement). d. If Executive is terminated for any reason other than cause on or before December 31, 2001, Executive will receive a final, adjusted installment of Retention Compensation and Performance Incentive Bonus no later than on the next payroll date following Executive's termination, in an amount equal to the greater of the following (less applicable withholdings): (i) The sum of the Retention Compensation and the Performance Incentive Bonus, less any installments of Retention Compensation and Performance Incentive Bonus previously paid to Executive; or (ii) The amount of severance provided in the Employment Agreement, less any installments of Retention Compensation and Performance Incentive Bonus previously paid to Executive.