Common use of Compensation in the Event of Termination Clause in Contracts

Compensation in the Event of Termination. (a) If the Agreement is terminated under Paragraph 11(a), Executive or his estate shall receive the compensation provided in Paragraphs 7(a)(i), 7(a)(ii) and 7(a)(iii), if any, prorated to the date of termination, and all amounts accrued under benefit plans in which Executive is a participant as of such termination date, including without limitation the benefits provided in Paragraph 7(a)(iv) in accordance with the provisions of the Plan. (b) If the Agreement is terminated under Paragraph 11(b), Executive shall receive the same compensation and benefits set forth in Paragraph 8(a), except that the benefits provided in Paragraph 7(d) shall continue for what would be the remainder of the Term but for such termination (the "Full Term") in accordance with the terms of each respective policy or plan (provided, however, that if prior to the expiration of the Full Term Executive receives any of the types of benefits specified in Paragraph 7(d) from a subsequent employer, the Company shall immediately cease to provide such types of benefits received from the subsequent employer). (c) If the Agreement is terminated under Paragraph 11(c) or 11(e) below, or expires pursuant to its terms, Executive shall receive the net present value of the compensation provided in Paragraphs 7(a)(i) and 7(a)(ii) through the Full Term, discounted at the 30-day LIBOR rate in effect at the date of termination and the compensation provided in Paragraph 7(a)(iii), if any, pro rated as specified therein, the benefits provided in Paragraph 7(a)(iv) in accordance with the provisions of the Plan, and the benefits provided in Paragraph 7(d) for the Full Term in accordance with the terms of each respective policy or plan (provided, however, that if prior to the expiration of the Full Term Executive receives any of the types of benefits specified in Paragraph 7(d) from a subsequent employer, the Company shall immediately cease to provide such types of benefits received from the subsequent employer). (d) If the Agreement is terminated under Paragraph 11(d), Executive shall not be entitled to receive any payment or benefits following the date of termination, except as may be accrued to the date of termination, or vested under the Plan, or any other plan or policies of the Company.

Compensation in the Event of Termination. (a) If the Agreement is terminated under Paragraph 11(a), Executive or his estate shall receive the compensation provided in Paragraphs Paragraph 7(a)(i), 7(a)(ii) and 7(a)(iii7(a)(ii), if any, prorated to the date of termination, and all amounts accrued under benefit plans in which Executive is a participant as of such termination date, including without limitation the benefits provided in Paragraph 7(a)(iv) in accordance with the provisions of the Plan. (b) If the Agreement is terminated under Paragraph 11(b), Executive shall receive the same compensation and benefits set forth in Paragraph 8(a), except that the benefits provided in Paragraph 7(d) shall continue for what would be the remainder of the Term but for such termination (the "Full Term") in accordance with the terms of each respective policy or plan (provided, however, that if prior to the expiration of the Full Term Term, Executive receives any of the types of benefits specified in Paragraph 7(d) from a subsequent employer, the Company shall immediately cease to provide such types of benefits received from the subsequent employer). (c) If the Agreement is terminated under Paragraph 11(c) or 11(e) below, or expires pursuant to its terms, Executive shall receive the net present value of receive: (i) the compensation provided in Paragraphs Paragraph 7(a)(i) and 7(a)(ii) through the Full Term, discounted at the 30-day LIBOR rate in effect at the date of termination and the compensation payable as provided in Paragraph 7(a)(iii7(a)(i), if any, pro rated as specified therein, the benefits provided in Paragraph 7(a)(iv; and (ii) in accordance with the provisions of the Plan, and the benefits provided in Paragraph 7(d) for the Full Term in accordance with the terms of each respective policy or plan (provided, however, that if prior to the expiration of the Full Term Term, Executive receives any of the types of benefits specified in Paragraph 7(d) from a subsequent employer, the Company shall immediately cease to provide such types of benefits received from the subsequent employer).; (d) If the Agreement is terminated under Paragraph 11(d), Executive shall not be entitled to receive any payment or benefits following the date of termination, except as may be accrued or vested to the date of termination, or vested under the Plan, or any other plan or policies of the Company.

Compensation in the Event of Termination. (a) If the Agreement is terminated under Paragraph 11(a), Executive or his estate shall receive the compensation provided in Paragraphs 7(a)(i), 7(a)(iiParagraph 7(a) and 7(a)(iii), if any, prorated to the date of termination, and all amounts accrued under benefit plans in which Executive is a participant as of such termination date, including without limitation the benefits provided in Paragraph 7(a)(iv) in accordance with the provisions of the Plan. (b) If the Agreement is terminated under Paragraph 11(b), Executive shall receive the same compensation and benefits set forth in Paragraph 8(a), except that the benefits provided in Paragraph 7(d) of the Original Agreement shall continue for what would be the remainder of the Initial Term or the Option Term (if any), as the case may be, but for such termination (the "Full Term"“Remaining Period”) in accordance with the terms of each respective policy or plan (provided, however, that if prior to the expiration of the Full Term Remaining Period Executive receives any of the types of benefits specified in Paragraph 7(d) of the Original Agreement from a subsequent employer, the Company shall immediately cease to provide such types of benefits received from the subsequent employer). (c) If the Agreement is terminated under Paragraph 11(c) or 11(e) below, or expires pursuant to its terms, Executive shall receive the net present value of the compensation provided in Paragraphs 7(a)(ihave no duty to mitigate damages and shall receive: (i) and 7(a)(ii) through the Full Term, discounted at the 30-day LIBOR rate in effect at the date of termination and the compensation provided in Paragraph 7(a)(iii)7(a) through the Remaining Period, if any, pro rated payable as specified therein, the benefits provided in Paragraph 7(a)(iv7(a) in accordance with so long as Executive does not breach Paragraph 13 hereof, which shall survive the provisions termination of this Agreement, subject to the Company’s right to offset against such compensation any amounts earned by Executive through other employment (other than self-employment, government employment or service as a mediator or arbitrator) prior to the expiration of the Plan, Remaining Period; and (ii) the benefits provided in Paragraph 7(d) of the Original Agreement (other than disability insurance) for the Full Term Remaining Period in accordance with the terms of each respective policy or plan (provided, however, that if prior to the expiration of the Full Term Remaining Period, Executive receives any of the types of benefits specified in Paragraph 7(d) of the Original Agreement from a subsequent employer, the Company shall immediately cease to provide such types of benefits received from the subsequent employer).; (d) If the Agreement is terminated under Paragraph 11(d), Executive shall not be entitled to receive any payment or benefits following the date of termination, except as may be accrued or vested to the date of termination, or vested under the Plan, or any other plan or policies of the Company.

Compensation in the Event of Termination. (a) If the Agreement is terminated under Paragraph 11(a), Executive or his estate shall receive the compensation provided in Paragraphs Paragraph 7(a)(i), 7(a)(ii) and 7(a)(iii), if any, prorated to the date of termination, and all amounts accrued under benefit plans in which Executive is a participant as of such termination date, including without limitation the benefits provided in Paragraph 7(a)(iv) in accordance with the provisions of the Plan. (b) If the Agreement is terminated under Paragraph 11(b), Executive shall receive the same compensation and benefits set forth in Paragraph 8(a), except that the benefits provided in Paragraph 7(d) shall continue for what would be the remainder of the Term but for such termination (the "Full Term") in accordance with the terms of each respective policy or plan (provided, however, that if prior to the expiration of the Full Term Executive receives any of the types of benefits specified in Paragraph 7(d) from a subsequent employer, the Company shall immediately cease to provide such types of benefits received from the subsequent employer; provided further, however, that the individual term life insurance policy specified in Paragraph 7(d) shall remain in effect pursuant to its terms unless a subsequent employer provides a substantially equivalent policy). (c) If the Agreement is terminated under Paragraph 11(c) or 11(e) below, or expires pursuant to its terms, Executive shall receive the net present value of the compensation provided in Paragraphs 7(a)(i) and 7(a)(ii) through the Full Term, discounted at the 30-day LIBOR rate in effect at the date of termination and termination, the compensation provided in Paragraph 7(a)(iii), if any, pro rated as specified therein, the benefits provided in Paragraph 7(a)(iv) in accordance with the provisions of the Plan, and the benefits provided in Paragraph 7(dParagraph (d) for the Full Term in accordance with the terms of each respective policy or plan (provided, however, that if prior to the expiration of the Full Term Executive receives any of the types of benefits specified in Paragraph 7(d) from a subsequent employer, the Company shall immediately cease to provide such types of benefits received from the subsequent employer; provided further, however, that the individual term life insurance policy specified in Paragraph 7(d) shall remain in effect pursuant to its terms unless a subsequent employer provides a substantially equivalent policy). (d) If the Agreement is terminated under Paragraph 11(d), Executive shall not be entitled to receive any payment or benefits following the date of termination, except as may be accrued to the date of termination, or vested under the Plan, or any other plan or policies of the Company.

Compensation in the Event of Termination. (a) If the Agreement is terminated under Paragraph 11(a), Executive or his estate shall receive the compensation provided in Paragraphs 7(a)(i), 7(a)(iiParagraph 7(a) and 7(a)(iii), if any, prorated to the date of termination, and all amounts accrued under benefit plans in which Executive is a participant as of such termination date, including without limitation the benefits provided in Paragraph 7(a)(iv) in accordance with the provisions of the Plan. (b) If the Agreement is terminated under Paragraph 11(b), Executive shall receive the same compensation and benefits set forth in Paragraph 8(a), except that the benefits provided in Paragraph 7(d7(e) shall continue for what would be the remainder of the Initial Term or the Option Term (if any), as the case may be, but for such termination (the "Full Term"“Remaining Period”) in accordance with the terms of each respective policy or plan (provided, however, that if prior to the expiration of the Full Term Remaining Period Executive receives any of the types of benefits specified in Paragraph 7(d7(e) from a subsequent employer, the Company shall immediately cease to provide such types of benefits received from the subsequent employer). (c) If the Agreement is terminated under Paragraph 11(c) or 11(e) below, or expires pursuant to its terms, Executive shall receive the net present value of the compensation provided in Paragraphs 7(a)(ihave no duty to mitigate damages and shall receive: (i) and 7(a)(ii) through the Full Term, discounted at the 30-day LIBOR rate in effect at the date of termination and the compensation provided in Paragraph 7(a)(iii)7(a) through the Remaining Period, if anypayable as provided in Paragraph 7(a) so long as Executive does not breach Paragraph 13 hereof, pro rated which shall survive the termination of this Agreement, subject to the Company’s right to offset against such compensation any amounts earned by Executive through other employment (other than self-employment, government employment or service as specified therein, a mediator or arbitrator) prior to the expiration of the Remaining Period; and (ii) the benefits provided in Paragraph 7(a)(iv7(e) in accordance with the provisions of the Plan, and the benefits provided in Paragraph 7(d(other than disability insurance) for the Full Term Remaining Period in accordance with the terms of each respective policy or plan (provided, however, that if prior to the expiration of the Full Term Remaining Period, Executive receives any of the types of benefits specified in Paragraph 7(d7(e) from a subsequent employer, the Company shall immediately cease to provide such types of benefits received from the subsequent employer).; (d) If the Agreement is terminated under Paragraph 11(d), Executive shall not be entitled to receive any payment or benefits following the date of termination, except as may be accrued or vested to the date of termination, or vested under the Plan, or any other plan or policies of the Company.

Compensation in the Event of Termination. (a) If the Agreement is terminated under Paragraph 11(a) or 11(g), Executive or his estate shall receive the compensation provided in Paragraphs 7(a)(i), 7(a)(ii) and 7(a)(iii), if any, prorated to the date of termination, and all amounts accrued under benefit plans in which Executive is a participant as of such termination date, including without limitation the benefits provided in Paragraph 7(a)(iv) in accordance with the provisions of the Plan. (b) If the Agreement is terminated under Paragraph 11(b), Executive shall receive the same compensation and benefits set forth in Paragraph 8(a), except that the benefits provided in Paragraph 7(d) shall continue for what would be the remainder of the Term but for such termination (the "Full Term") in accordance with the terms of each respective policy or plan (provided, however, that if prior to the expiration of the Full Term Executive receives any of the types of benefits specified in Paragraph 7(d) from a subsequent employer, the Company shall immediately cease to provide such types of benefits received from form the subsequent employer). (c) If the Agreement is terminated under Paragraph 11(c) or 11(e) below, or expires pursuant to its terms, Executive shall receive within 30 days of the date of termination the net present value of the compensation provided in Paragraphs 7(a)(i) and 7(a)(ii) through the Full Term, discounted at the 30-day LIBOR rate in effect at the date of termination and the compensation provided in Paragraph 7(a)(iii), if any, pro rated as specified therein, the benefits provided in Paragraph 7(a)(iv) in accordance with the provisions of the Plan, and the benefits provided in Paragraph 7(d) for the Full Term in accordance with the terms of each respective policy or plan (provided, however, that if it prior to the expiration of the Full Term Executive receives any of the types of benefits specified in Paragraph 7(din (d) from a subsequent employer, the Company shall immediately cease to provide such types of benefits received from the subsequent employer). (d) If the Agreement is terminated under Paragraph 11(d), Executive shall not be entitled to receive any payment or benefits following the date of termination, except as may be accrued to the date of termination, or vested under the Plan, or any other plan or policies of the Company.

Compensation in the Event of Termination. (a) If the Agreement is terminated under Paragraph 11(a), Executive or his estate shall receive the compensation provided in Paragraphs 7(a)(i), 7(a)(iiParagraph 7(a) and 7(a)(iii), if any, prorated to the date of termination, and all amounts accrued under benefit plans in which Executive is a participant as of such termination date, including without limitation the benefits provided in Paragraph 7(a)(iv) in accordance with the provisions of the Plan. (b) If the Agreement is terminated under Paragraph 11(b), Executive shall receive the same compensation and benefits set forth in Paragraph 8(a), except that the benefits provided in Paragraph 7(d) of the Original Agreement shall continue for what would be the remainder of the Initial Term or the Option Term, if any, as the case may be, but for such termination (the "Full Term"“Remaining Period”) in accordance with the terms of each respective policy or plan (provided, however, that if prior to the expiration of the Full Term Remaining Period, Executive receives any of the types of benefits specified in Paragraph 7(d) of the Original Agreement from a subsequent employer, the Company shall immediately cease to provide such types of benefits received from the subsequent employer). (c) If the Agreement is terminated under Paragraph 11(c) or 11(e) below, or expires pursuant to its terms, Executive shall receive the net present value of the compensation provided in Paragraphs 7(a)(ihave no duty to mitigate damages and shall receive: (i) and 7(a)(ii) through the Full Term, discounted at the 30-day LIBOR rate in effect at the date of termination and the compensation provided in Paragraph 7(a)(iii)7(a) through the Remaining Period, if any, pro rated payable as specified therein, the benefits provided in Paragraph 7(a)(iv7(a) in accordance with so long as Executive does not breach Paragraph 13 hereof, which shall survive the provisions termination of this Agreement, subject to the Company’s right to offset against such compensation any amounts earned by Executive through other employment (other than self-employment) prior to the expiration of the Plan, Remaining Period; and (ii) the benefits provided in Paragraph 7(d) of the Original Agreement (other than disability insurance) for the Full Term Remaining Period in accordance with the terms of each respective policy or plan (provided, however, that if prior to the expiration of the Full Term Remaining Period, Executive receives any of the types of benefits specified in Paragraph 7(d) of the Original Agreement from a subsequent employer, the Company shall immediately cease to provide such types of benefits received from the subsequent employer).; (d) If the Agreement is terminated under Paragraph 11(d), Executive shall not be entitled to receive any payment or benefits following the date of termination, except as may be accrued or vested to the date of termination, or vested under the Plan, or any other plan or policies of the Company.

Compensation in the Event of Termination. (a) a. If the Agreement Executive's employment is terminated under Paragraph 11(a), Executive or his estate shall receive the compensation provided in Paragraphs 7(a)(i), ) and 7(a)(ii) through such termination date and a pro rata portion of the amount set forth in Paragraph 7(a)(iii), if any, prorated discounted to present value at the 30-day LIBOR rate in effect at the date of termination, and payable within ten (10) days of termination, and all amounts accrued under benefit plans in which Executive is a participant as of such termination date, including without limitation limitation, the benefits provided in Paragraph 7(a)(iv) in accordance with the provisions of the 1996 Management Incentive Plan, which Plan benefits shall vest immediately. (b) b. If the Agreement Executive's employment is terminated under Paragraph 11(b), Executive shall receive the same compensation amounts and benefits set forth in Paragraph 8(a), except that plus 50% of the benefits compensation provided in Paragraph 7(dParagraphs 7(a)(i) shall continue for and 7(a)(ii) through what would be the remainder of the Term but for Term, without regard to such termination (the "Full Term") in accordance with the terms of each respective policy or plan (provided, however, that if prior to the expiration of the Full Term Executive receives any of the types of benefits specified in Paragraph 7(d) from a subsequent employer, the Company shall immediately cease to provide such types of benefits received from the subsequent employer)termination. (c) c. If the Agreement Executive's employment is terminated under Paragraph 11(c) or 11(e) below, or expires pursuant to its terms, Executive shall receive receive: i. the net present value of the compensation provided in Paragraphs 7(a)(i) and 7(a)(ii) through the Full Termvalue, discounted at the 30-day LIBOR rate in effect at the date of termination and the compensation provided in Paragraph 7(a)(iii), if any, pro rated as specified therein, the benefits provided in Paragraph 7(a)(iv) in accordance with the provisions of the Plantermination, and the benefits provided in Paragraph 7(dpayable within ten (10) for the Full Term in accordance with the terms of each respective policy or plan (provided, however, that if prior to the expiration of the Full Term Executive receives any of the types of benefits specified in Paragraph 7(d) from a subsequent employer, the Company shall immediately cease to provide such types of benefits received from the subsequent employer). (d) If the Agreement is terminated under Paragraph 11(d), Executive shall not be entitled to receive any payment or benefits following the date days of termination, except as may be accrued of the difference between (x) $8.5 Million, and (y) the sum of all amounts paid to the date of termination, or vested under the Plan, or any other plan or policies of the Company.termination pursuant to Paragraphs 7(a)(i) and 7(a)(ii); and

Compensation in the Event of Termination. (a) If the Agreement is terminated under Paragraph 11(a), Executive or his estate shall receive the compensation provided in Paragraphs 7(a)(i), 7(a)(ii) and 7(a)(iii), if any, prorated to the date of termination, and all amounts accrued under benefit plans plan in which Executive is a participant as of such termination date, including without limitation the benefits provided in Paragraph 7(a)(iv) in accordance with the provisions of the Plan. (b) If the Agreement is terminated under Paragraph 11(b), Executive shall receive the same compensation and benefits set forth in Paragraph 8(a), except that the benefits provided in Paragraph 7(d) shall continue for what would be the remainder of the Term but for such termination (the "Full Term") in accordance with the terms of each respective policy or plan (provided, however, that if prior to the expiration of the Full Term Executive receives any of the types of benefits specified in Paragraph Paragraphs 7(d) from a subsequent employer, the Company shall immediately cease to provide such types of benefits received from the subsequent employer). (c) If the Agreement is terminated under Paragraph 11(c) or 11(e) below, or expires pursuant to its terms, Executive shall receive the net present value of the compensation provided in Paragraphs Paragraph 7(a)(i) and 7(a)(ii) through the Full Term, discounted at the 30-day LIBOR rate in effect at the date of termination and the compensation provided in Paragraph 7(a)(iii), if any, pro rated as specified therein, the benefits provided in Paragraph 7(a)(iv) in accordance with the provisions of the Plan, and the benefits provided in Paragraph 7(d) for the Full Term in accordance with the terms of each respective policy or plan (provided, however, that if prior to the expiration of the Full Term Executive receives any of the types of benefits specified in Paragraph 7(d) from a subsequent employer, the Company shall immediately cease to provide such types of benefits received from the subsequent employer). (d) If the Agreement is terminated under Paragraph 11(d), Executive shall not be entitled to receive any payment or benefits following the date of termination, except as may be accrued to the date of termination, or vested under the Plan, or any other plan or policies of the Company.

Compensation in the Event of Termination. (a) If the Agreement is terminated under Paragraph 11(a), Executive or his estate shall receive the compensation provided in Paragraphs 7(a)(i), 7(a)(iiParagraph 7(a) and 7(a)(iii), if any, prorated to the date of termination, and all amounts accrued under benefit plans in which Executive is a participant as of such termination date, including without limitation the benefits provided in Paragraph 7(a)(iv) in accordance with the provisions of the Plan. (b) If the Agreement is terminated under Paragraph 11(b), Executive shall receive the same compensation and benefits set forth in Paragraph 8(a), except that the benefits provided in Paragraph 7(d7(e) shall continue for what would be the remainder of the Initial Term or the Option Term (if any), as the case may be, but for such termination (the "Full TermRemaining Period") in accordance with the terms of each respective policy or plan (provided, however, that if prior to the expiration of the Full Term Remaining Period Executive receives any of the types of benefits specified in Paragraph 7(d7(e) from a subsequent employer, the Company shall immediately cease to provide such types of benefits received from the subsequent employer). (c) If the Agreement is terminated under Paragraph 11(c) or 11(e) below, or expires pursuant to its terms, Executive shall receive the net present value of the compensation provided in Paragraphs 7(a)(ihave no duty to mitigate damages and shall receive: (i) and 7(a)(ii) through the Full Term, discounted at the 30-day LIBOR rate in effect at the date of termination and the compensation provided in Paragraph 7(a)(iii)7(a) through the Remaining Period, if anypayable as provided in Paragraph 7(a) so long as Executive does not breach Paragraph 13 hereof, pro rated as specified thereinwhich shall survive the termination of this Agreement, subject to the Company's right to offset against such compensation any amounts earned by Executive through other employment (other than self-employment) prior to the expiration of the Remaining Period; and (ii) the benefits provided in Paragraph 7(a)(iv7(e) in accordance with the provisions of the Plan, and the benefits provided in Paragraph 7(d(other than disability insurance) for the Full Term Remaining Period in accordance with the terms of each respective policy or plan (provided, however, that if prior to the expiration of the Full Term Remaining Period, Executive receives any of the types of benefits specified in Paragraph 7(d7(e) from a subsequent employer, the Company shall immediately cease to provide such types of benefits received from the subsequent employer).; (d) If the Agreement is terminated under Paragraph 11(d), Executive shall not be entitled to receive any payment or benefits following the date of termination, except as may be accrued or vested to the date of termination, or vested under the Plan, or any other plan or policies of the Company.