Common use of Upon Termination for Death or Total Disability Clause in Contracts

Upon Termination for Death or Total Disability. If this Agreement and Executive’s employment hereunder is terminated by reason of his death or Total Disability, under Sections 2.2 (c) or (d), then within fifteen (15) days of the date of termination the Company will pay to Executive: (i) any Base Salary that has been accrued but not paid as of the date of termination (the “Accrued Base Salary”); (ii) any compensation for unused vacation days accrued as of the termination date in an amount equal to her Base Salary multiplied by a fraction, the numerator of which is the number of accrued unused vacation days and the denominator of which is 360 (the “Accrued Vacation Payment”); (iii) any expenses incurred by him prior to the date of termination that are subject to reimbursement pursuant to this Agreement (the “Accrued Reimbursable Expenses”); (iv) any accrued and vested benefits required to be provided upon death or Total Disability by the terms of any Company sponsored benefit plans or programs (the “Accrued Benefits”), together with any benefits required to be paid or provided in the event of Executive’s death or Total Disability under applicable law; (v) the prorated portion of the Annual Incentive Bonus that Executive received for the fiscal year prior to termination (the “Accrued Bonus”); and (vi) In addition, if Executive’s employment is terminated under this Section 3.5(a), any Long Term Grant Restricted Shares issued to Executive under this Agreement shall immediately vest and shall no longer be subject to forfeiture by Executive.

Upon Termination for Death or Total Disability. If this Agreement and Executive’s 's employment hereunder is terminated by reason of his death or Total Disability, under Sections 2.2 (c) or (d), then within fifteen (15) days of the date of termination the Company will pay to Executive: (i) : any Base Salary that has been accrued but not paid as of the date of termination (the “"Accrued Base Salary”"); (ii) ; any compensation for unused vacation days accrued as of the termination date in an amount equal to her his Base Salary multiplied by a fraction, the numerator of which is the number of accrued unused vacation days and the denominator of which is 360 (the “"Accrued Vacation Payment”"); (iii) ; any expenses incurred by him prior to the date of termination that are subject to reimbursement pursuant to this Agreement (the “"Accrued Reimbursable Expenses”"); (iv) ; any accrued and vested benefits required to be provided upon death or Total Disability by the terms of any Company sponsored benefit plans or programs (the “"Accrued Benefits”"), together with any benefits required to be paid or provided in the event of Executive’s 's death or Total Disability under applicable law; (v) ; and either the prorated portion of the Annual Incentive Bonus that Executive received for the fiscal year prior to termination, or if the termination occurs in the first year of the Initial Term, then the prorated portion of the Annual Incentive Bonus as if the target bonus was received for that year (the “"Accrued Bonus”"); and (vi) . In addition, if Executive’s 's employment is terminated under this Section 3.5(a), any Long Term Grant Restricted Shares issued to Executive under this Agreement shall immediately vest and shall no longer be subject to forfeiture by Executive.

Upon Termination for Death or Total Disability. If this Agreement and Executive’s employment hereunder is terminated by reason of his her death or Total Disability, under Sections 2.2 (c) or (d), then within fifteen (15) days of the date of termination the Company will pay to Executive: (i) any Base Salary that has been accrued but not paid as of the date of termination (the “Accrued Base Salary”); (ii) any compensation for unused vacation days accrued as of the termination date in an amount equal to her Base Salary multiplied by a fraction, the numerator of which is the number of accrued unused vacation days and the denominator of which is 360 (the “Accrued Vacation Payment”); (iii) any expenses incurred by him her prior to the date of termination that are subject to reimbursement pursuant to this Agreement (the “Accrued Reimbursable Expenses”); (iv) any accrued and vested benefits required to be provided upon death or Total Disability by the terms of any Company sponsored benefit plans or programs (the “Accrued Benefits”), together with any benefits required to be paid or provided in the event of Executive’s death or Total Disability under applicable law;; and (v) the prorated portion of the Annual Incentive Bonus that Executive received for the fiscal year prior to termination (the “Accrued Bonus”); andtermination; (vi) In addition, if Executive’s employment is terminated under this Section 3.5(a), any Long Term Grant Restricted Shares issued to Executive under this Agreement shall immediately vest and shall no longer be subject to forfeiture by Executive.

Upon Termination for Death or Total Disability. If this Agreement and Executive’s employment hereunder is terminated by reason of his death or Total Disability, under Sections 2.2 (c) or (d), then within fifteen (15) days of the date of termination the Company will pay to Executive: (i) any Base Salary that has been accrued but not paid as of the date of termination (the “Accrued Base Salary”); (ii) any compensation for unused vacation days accrued as of the termination date in an amount equal to her Base Salary multiplied by a fraction, the numerator of which is the number of accrued unused vacation days and the denominator of which is 360 (the “Accrued Vacation Payment”); (iii) any expenses incurred by him prior to the date of termination that are subject to reimbursement pursuant to this Agreement (the “Accrued Reimbursable Expenses”); (iv) any accrued and vested benefits required to be provided upon death or Total Disability by the terms of any Company sponsored benefit plans or programs (the “Accrued Benefits”), together with any benefits required to be paid or provided in the event of Executive’s death or Total Disability under applicable law; (v) the prorated portion of the Annual Incentive Bonus that Executive received for the fiscal year prior to termination (“the “Accrued Bonus”); and (vi) In addition, if Executive’s employment is terminated under this Section 3.5(a), any Long Term Grant Restricted Shares issued to Executive under this Agreement shall immediately vest and shall no longer be subject to forfeiture by Executive.