Common use of Without Justifiable Cause Clause in Contracts

Without Justifiable Cause. In the event the Company terminates this Agreement without justifiable cause (as defined in Section 4.b. hereof), the parties hereto agree that damages to the Executive shall be difficult to ascertain in any such event, but in order to limit the liability of the Company the Executive shall be entitled to receive as liquidated damages and not as penalty in any such event the following: (i) the amount of the base salary (excluding bonus) of the Executive remaining due and payable from any such date of termination for a period of twelve (12) months, which amount shall be accelerated and immediately due upon any such termination; (ii) subject to limitations imposed under the applicable option and incentive plans and grants thereunder, any outstanding stock, incentive stock options or equivalents that would have vested in the ordinary course of events until termination plus an additional three months after the date of termination shall be accelerated and vest immediately upon such termination; (iii) any bonus accrued to date pro rata over the course of the year; (iv) all other benefits accruing to the Executive on or prior to the expiration date of this Agreement as provided hereunder.

Without Justifiable Cause. In the event the Company terminates this Agreement without justifiable cause (as defined in Section 4.b. hereof), the parties hereto agree that damages to the Executive shall be difficult to ascertain in any such event, but in order to limit the liability of the Company the Executive shall be entitled to receive as liquidated damages and not as penalty in any such event the following: (i) the amount of the base salary (excluding bonus) of the Executive remaining due and payable from any such date of termination for a period of twelve (12) months, which amount shall be accelerated and immediately payable in 24 equal installments over the twelve months from such termination unless the termination without justifiable cause occurs as a result of a change in control of the Company in which case the the amount due upon any such terminationto Employee shall become payable immediately; (ii) subject to limitations imposed under the applicable option and incentive plans and grants thereunder, any outstanding stock, incentive stock options or equivalents that would have vested in the ordinary course of events until termination plus an additional three months after the date of termination shall be accelerated and vest immediately upon such termination; (iii) any bonus accrued to date pro rata over the course of the year; (iv) all other benefits accruing to the Executive on or prior to the expiration date of this Agreement as provided hereunder.

Without Justifiable Cause. In the event the Company terminates this Agreement without justifiable cause (as defined in Section 4.b. hereof), the parties hereto agree that damages to the Executive shall be difficult to ascertain in any such event, but in order to limit the liability of the Company the Executive shall be entitled to receive as liquidated damages and not as penalty in any such event the following: (i) the amount of the base salary (excluding bonus) of the Executive remaining due and payable from any such date of termination for a period of twelve (12) months, which amount shall be accelerated and immediately payable in 24 equal installments over the twelve months from such termination unless the termination without justifiable cause occurs as a result of a change in control of the Company in which case the the amount due upon any such terminationto Employee shall become payable immediately; (ii) subject to limitations imposed under the applicable option and incentive plans and grants thereunder, any outstanding stock, incentive stock options or equivalents that would have vested in the ordinary course of events until termination plus an additional three months after the date of termination shall be accelerated and vest immediately upon such termination; (iii) any bonus accrued to date pro rata over the course of the year; (iv) all other benefits accruing to the Executive on or prior to the expiration date of this Agreement as provided hereunder.such