Common use of CONTINUED PAYMENT OF BASE SALARY Clause in Contracts

CONTINUED PAYMENT OF BASE SALARY. The Employee shall continue to be paid the Base Salary that would have been payable to the Employee pursuant to this Agreement had the Employee continued to be employed for the eighteen months (18) months immediately following the Termination Date (such Base Salary for such period being equal to the Employee's Base Salary in effect as of the Termination Date); and (ii) an amount equal to the bonus payments that would have been payable to the Employee pursuant to this Agreement had his annual bonus for each year, or portion thereof, of the eighteen (18) months immediately following the Termination Date been equal to the greater of (A) the total of any performance bonus or bonuses paid to the Employee pursuant to Section 3(b) in the fiscal year of the Company ended immediately prior to the fiscal year in which the Termination Date occurs, and (B) the average of the annual performance bonuses (excluding the signing bonus and any special bonus not based on performance) paid to him by the Company with respect to the three (or, if less, the number of years the Employee has been employed with the Company) fiscal years ended immediately prior to the fiscal year in which the Termination Date occurs.

CONTINUED PAYMENT OF BASE SALARY. The Employee shall continue to be paid receive, on a monthly basis, the Base Salary that would have been payable paid to the Employee pursuant to this Agreement had the Employee continued to be employed for the remaining term of this Agreement (i.e., eighteen months (18) months immediately following or twenty-four (24) months, depending upon the Termination Date (such Date)(such Base Salary for such period being equal to the Employee's Base Salary in effect as of the Termination Date); and plus (ii) an amount equal to the bonus payments that would have been payable to the Employee pursuant to this Agreement had his annual Agreement. These post-termination bonus for each year, or portion thereof, of the eighteen (18) months immediately following the Termination Date been payments will be equal to the greater of (A) the total of any performance bonus or bonuses paid to the Employee pursuant to Section 3(b) in the fiscal year of the Company which ended immediately prior to the fiscal year in which the Termination Date occurs, and (B) the average of the annual performance bonuses (excluding the signing bonus and any special bonus not based on performance) paid to him Employee by the Company with respect to during the three (prior fiscal years or, if less, the number of years the Employee has been employed with the Company less than three fiscal years, during the term of Employee's tenure with the Company) fiscal years ended immediately prior to the fiscal year in which the Termination Date occurs.