Common use of By the Company for Poor Performance Clause in Contracts

By the Company for Poor Performance. 1. The Employment Term and Executive’s employment hereunder may be terminated by the Company for Poor Performance. 2. If Executive’s Employment is terminated by the Company for Poor Performance then Executive shall be entitled to receive from the Company the following: a. The Accrued Rights (refer to Section II.A); b. Continued payment of Executive’s Termination Base Salary for twelve (12) months (the “Severance Period”) following the date of such termination, payable in accordance with the Company’s normal payroll practices as in effect on the date of termination; c. With respect to any outstanding unvested equity-based awards, whether “time-based” or “performance-based” vesting (including, but not limited to, any unvested options, restricted stock, restricted stock units, and performance share units) such outstanding unvested awards shall be forfeited; and d. An amount, paid on the first business day of each month equal to one hundred percent (100%) of the applicable COBRA premium under the Company’s group health plan, continued for the lesser of (1) twelve (12) months from the date of termination of Executive’s employment; or (2) the date on which Executive qualifies for health insurance as a result of employment by or association with a subsequent employer.

By the Company for Poor Performance. 1. The Employment Term and Executive’s 's employment hereunder may be terminated by the Company for Poor Performance. 2. If Executive’s 's Employment is terminated by the Company for Poor Performance then Executive shall be entitled to receive from the Company the following: a. The Accrued Rights (refer to Section II.A); b. Continued payment of Executive’s 's Termination Base Salary for twelve (12) months (the “"Severance Period”") following the date of such termination, payable in accordance with the Company’s 's normal payroll practices as in effect on the date of termination; c. With respect to any outstanding unvested equity-based awards, whether “"time-based” " or “"performance-based” " vesting (including, but not limited to, any unvested options, restricted stock, restricted stock units, and performance share units) such outstanding unvested awards shall be forfeited; and d. An amount, paid on the first business day of each month equal to one hundred percent (100%) of the applicable COBRA premium under the Company’s 's group health plan, continued for the lesser of (1) twelve (12) months from the date of termination of Executive’s 's employment; or (2) the date on which Executive qualifies for health insurance as a result of employment by or association with a subsequent employer.

By the Company for Poor Performance. 1. The Employment Term and Executive’s 's employment hereunder may be terminated by the Company for Poor Performance. 2. If Executive’s 's Employment is terminated by the Company for Poor Performance then Executive shall be entitled to receive from the Company the following: a. The Accrued Rights (refer to Section II.A); b. Continued payment of Executive’s Termination Base Salary for twelve (12) months (the “"Severance Period”") following the date of such termination, payable in accordance with the Company’s 's normal payroll practices as in effect on the date of termination; c. With respect to any outstanding unvested equity-based awards, whether “"time-based” " or “"performance-based” " vesting (including, but not limited to, any unvested options, restricted stock, restricted stock units, and performance share units) such outstanding unvested awards shall be forfeited; and d. An amount, paid on the first business day of each month equal to one hundred percent (100%) of the applicable COBRA premium under the Company’s 's group health plan, continued for the lesser of (1) twelve (12) months from the date of termination of Executive’s 's employment; or (2) the date on which Executive qualifies for health insurance as a result of employment by or association with a subsequent employer.

By the Company for Poor Performance. 1. The Employment Term and Executive’s employment hereunder may be terminated by the Company for Poor Performance. 2. If Executive’s Employment is terminated by the Company for Poor Performance then Executive shall be entitled to receive from the Company the following: a. The Accrued Rights (refer to Section II.A); b. Continued payment of Executive’s Termination Base Salary for twelve (12) months (the “Severance Period”) following the date of such termination, payable in accordance with the Company’s normal payroll practices as in effect on the date of termination; c. With respect to any outstanding unvested equity-based awards, whether “time-based” or “performance-based” vesting (including, but not limited to, any unvested options, restricted stock, restricted stock units, and performance share units) such outstanding unvested awards shall be forfeited; and d. An amount, paid on the first business day of each month equal to one hundred percent (100%) of the applicable COBRA premium under the Company’s group health plan, continued for the lesser of (1) twelve (12) months from the date of termination of Executive’s employment; or (2) the date on which Executive qualifies for health insurance as a result of employment by or association with a subsequent employer.

By the Company for Poor Performance. 1. The Employment Term and Executive’s 's employment hereunder may be terminated by the Company for Poor Performance. 2. If Executive’s 's Employment is terminated by the Company for Poor Performance then Executive shall be entitled to receive from the Company the following: a. The Accrued Rights (refer to Section II.A); b. Continued payment of Executive’s 's Termination Base Salary for twelve (12) months (the “"Severance Period”") following the date of such termination, payable in accordance with the Company’s 's normal payroll practices as in effect on the date of termination; c. With respect to any outstanding unvested equity-based awards, whether “"time-based” " or “"performance-based” " vesting (including, but not limited to, any unvested options, restricted stock, restricted stock units, and performance share units) such outstanding unvested awards shall be forfeited; and d. An amount, paid on the first business day of each month equal to one hundred percent (100%) of the applicable COBRA premium under the Company’s 's group health plan, continued for the lesser of (1) twelve (12) months from the date of termination of Executive’s 's employment; or (2) the date on which Executive qualifies for health insurance as a result of employment by or association with a subsequent employer.