Common use of Effect of Separation from Service Clause in Contracts

Effect of Separation from Service. If the Optionee ceases to be an employee of the Company for any reason, including cessation by death or Disability, the effect of such termination of employment on all or any portion of this Option is as provided below. Notwithstanding anything below to the contrary, in no event may the Option be exercised after the Expiration Date. (a) If the Optionee's employment is terminated for Cause, the Option will immediately be forfeited as of the time of such termination. (b) If the Optionee ceases to be an employee of the Company due to the Optionee's resignation or termination of employment by the Company not for Cause, the portion of this Option which was otherwise exercisable pursuant to Section 4 on the date of such termination of employment may be exercised by the Optionee at any time prior to 5:00 P.M., Central Standard Time, on the 90th calendar day following the effective date of the Optionee's termination of employment. If such 90th day is not a business day, then the Option will expire at 5:00 P.M., Central Standard Time, on the first business day immediately following such 90th day. (c) If the Optionee ceases to be an employee of the Company due to the Optionee's death or Disability, the Option may be exercised by the Optionee at any time prior to 5:00 P.M., Central Standard Time, on the first anniversary of the effective date of the Optionee's termination of employment. If the first anniversary is not a business day, then the Option will expire at 5:00 P.M., Central Standard Time, on the first business day immediately following such first anniversary. (d) If the Optionee dies or become disabled during the 90-day period set forth above in Section 7(b), or the Optionee dies during the one-year period set forth above in Section 7(c) following the Optionee's disability, the Option may be exercised by the Optionee (or the Optionee's designated beneficiary) at any time prior to 5:00 P.M., Central Standard Time, on the later of the 180th day following the Optionee's death or the date the Option could have been exercised under Section 7(c) above.

Effect of Separation from Service. If the Optionee ceases to be an employee of the Company for any reason, including cessation by death or Disability, the effect of such termination of employment on all or any portion of this Option is as provided below. Notwithstanding anything below to the contrary, in no event may the Option be exercised after the Expiration Date. (a) If the Optionee's ’s employment is terminated for Cause, the Option will immediately be forfeited as of the time of such termination. (b) If the Optionee ceases to be an employee of the Company due to the Optionee's ’s resignation or termination of employment by the Company not for Cause, the portion of this Option which was otherwise exercisable pursuant to Section 4 on the date of such termination of employment may be exercised by the Optionee at any time prior to 5:00 P.M., Central Standard Time, on the 90th calendar day following the effective date of the Optionee's ’s termination of employment. If such 90th day is not a business day, then the Option will expire at 5:00 P.M., Central Standard Time, on the first business day immediately following such 90th day. (c) If the Optionee ceases to be an employee of the Company due to the Optionee's ’s death or Disability, the Option may be exercised by the Optionee at any time prior to 5:00 P.M., Central Standard Time, on the first anniversary of the effective date of the Optionee's ’s termination of employment. If the first anniversary is not a business day, then the Option will expire at 5:00 P.M., Central Standard Time, on the first business day immediately following such first anniversary. (d) If the Optionee dies or become disabled during the 90-day period set forth above in Section 7(b), or the Optionee dies during the one-year period set forth above in Section 7(c) following the Optionee's ’s disability, the Option may be exercised by the Optionee (or the Optionee's ’s designated beneficiary) at any time prior to 5:00 P.M., Central Standard Time, on the later of the 180th day following the Optionee's ’s death or the date the Option could have been exercised under Section 7(c) above.

Effect of Separation from Service. If the Optionee ceases to be an employee of the Company for any reason, including cessation by death or Disability, the effect of such termination of employment on all or any portion of this Option is as provided below. Notwithstanding anything below to the contrary, in no event may the Option be exercised after the Expiration Date. (a) If the Optionee's ’s employment is terminated for Cause, the Option will immediately be forfeited as of the time of such termination. (b) If the Optionee ceases to be an employee of the Company due to the Optionee's ’s resignation or termination of employment by the Company not for Cause, the portion of this Option which was otherwise exercisable pursuant to Section 4 on the date of such termination of employment may be exercised by the Optionee at any time prior to 5:00 P.M., Central Standard Time, on the 90th ninetieth (90th) calendar day following the effective date of the Optionee's ’s termination of employment. If such 90th ninetieth (90th) day is not a business day, then the Option will expire at 5:00 P.M., Central Standard Time, on the first business day immediately following such 90th ninetieth (90th) day. (c) If the Optionee ceases to be an employee of the Company due to the Optionee's ’s death or Disability, the Option may be exercised by the Optionee at any time prior to 5:00 P.M., Central Standard Time, on the first anniversary of 365th calendar day following the effective date of the Optionee's ’s termination of employment. If the first anniversary such 365th day is not a business day, then the Option will expire at 5:00 P.M., Central Standard Time, on the first business day immediately following such first anniversary365th day. (d) If the Optionee dies or become disabled during the 90-day period set forth above in Section 7(b), or the Optionee dies during the one-year period set forth above in Section 7(c) following the Optionee's disability, the Option may be exercised by the Optionee (or the Optionee's designated beneficiary) at any time prior to 5:00 P.M., Central Standard Time, on the later of the 180th day following the Optionee's death or the date the Option could have been exercised under Section 7(c) above.

Effect of Separation from Service. If the Optionee ceases to be an employee of the Company for any reason, including cessation by death or Disability, the effect of such termination of employment on all or any portion of this Option is as provided below. Notwithstanding anything below to the contrary, in no event may the Option be exercised after the Expiration Date. (a) If the Optionee's employment is terminated for Cause, the Option will immediately be forfeited as of the time of such terminationremoval. (b) If the Optionee ceases to be an employee of the Company due to the Optionee's resignation or termination of employment by the Company not for CauseCause and other than on account of death or Disability, the portion of this Option which was otherwise exercisable pursuant to Section 4 on the date of such termination of employment may be exercised by the Optionee at any time prior to 5:00 P.M., Central Standard Time, on the 90th calendar day following the effective EXHIBIT 10.58 date of the Optionee's termination of employmenttermination. If such 90th day is not a business day, then the Option will expire at 5:00 P.M., Central Standard Time, on the first business day immediately following such 90th day. (c) If the Optionee ceases to be an employee of the Company due to the Optionee's death or Disability, the portion of this Option which was otherwise exercisable pursuant to Section 4 on the date of death or termination of employment due to disability may be exercised by the Optionee at any time prior to 5:00 P.M., Central Standard Time, on the first anniversary of following the effective date of the Optionee's death or termination of employmentemployment due to disability. If the such first anniversary is not a business day, then the Option will expire at 5:00 P.M., Central Standard Time, on the first business day immediately following such first anniversary. (d) If the Optionee dies or become disabled during the 90-day period set forth above in Section 7(b), or the Optionee dies during the one-year period set forth above in Section 7(c) following the Optionee's disability, the Option may be exercised by the Optionee (or the Optionee's designated beneficiary) at any time prior to 5:00 P.M., Central Standard Time, on the later of the 180th day following the Optionee's death or the date the Option could have been exercised under Section 7(c) above.