Common use of Disability of the Optionee Clause in Contracts

Disability of the Optionee. Notwithstanding the provisions of Section 6 above, in the event of termination of the Optionee’s Continuous Status as an Employee as a result of his total and permanent disability (as defined in Section 22(e)(3) of the Code), he may, but only within 12 months from the date of such termination (but in no event later than the date of expiration of the term of this Option as set forth in Section 11 below), exercise this Option to the extent he was entitled to exercise it at the date of such termination. To the extent that he was not entitled to exercise this Option at the date of termination, or if he does not exercise such Option (which he was entitled to exercise) within the time specified herein, this Option shall terminate with respect to all Shares whether vested or unvested.

Disability of the Optionee. Notwithstanding the provisions of Section 6 above, in if the event of termination of Optionee is unable to continue his employment or consulting relationship with the Optionee’s Continuous Status as an Employee Company as a result of his permanent and total and permanent disability (as defined in Section 22(e)(3) of the Code), he may, but only within 12 twelve months from the date of such termination (but in no event later than the date of expiration of the term of this Option as set forth in Section 11 below)employment or consulting relationship, exercise this Option to the extent he was entitled to exercise it at the date of such terminationtermination pursuant to the Exercise Schedule. To the extent that he was not entitled to exercise this Option at the date of termination, or if he does not exercise such Option (which he was entitled to exercise) within the time specified herein, this Option shall terminate with respect to all Shares whether vested or unvestedterminate.