Common use of Other Severance Payments Clause in Contracts

Other Severance Payments. i. If Executive's employment is terminated prior to the last day of the Employment Period, and such termination is either by Executive for Good Reason or by the Company for any reason other than for Cause, and such termination is not a Qualified Termination, no compensation or other benefits shall be payable to or accrue to Executive hereunder, except as follows: (1) For the longer of (A) one year after the Date of Termination or (B) the remainder of the Employment Period, the Company will continue to pay to Executive his Base Salary at the rate in effect on the Date of Termination. Base Salary shall be paid for the first twelve months of the period without reduction for compensation earned from other employment or self-employment, and shall thereafter be reduced by such compensation. (2) Until the expiration of Base Salary payments described in (1) immediately above or until Executive shall commence other employment or self-employment, whichever shall first occur, the Company will provide medical and hospital insurance and term life insurance (but not long-term disability insurance) for Executive and his family, comparable to the insurance provided for executives generally, as the Company shall determine, and upon the same terms and conditions as shall be provided for Company executives generally, provided that Executive's continued participation is possible under the general terms and provisions of such plans and programs. In the event that Executive is ineligible to participate in such plans or programs, the Company shall arrange upon comparable terms to provide Executive with benefits substantially similar to those which he is entitled to receive under such plans and programs. (3) For purposes of the MIP, Executive shall be entitled to payment, if any, pursuant to the terms of the MIP, or, if greater, such amount as Executive would have earned under MIP if his employment had continued until the end of the fiscal year (pro-rated for the period of active employment during the year). Executive shall also be entitled to payments or benefits under other plans of the Company to the extent provided therein in the circumstances. ii. If Executive's employment terminates by reason of death, Disability or Incapacity, and such termination is not a Qualified Termination, no compensation or benefits shall be payable to or accrue to Executive hereunder, except that Executive shall be entitled to payment, if any, pursuant to the terms of the MIP or, if greater, such amount as Executive would have earned under the MIP until the end of the fiscal year (pro-rated for the period of active employment during such year). Executive shall also be entitled to payments or benefits under other Employer plans, including any long-term disability plan, to the extent therein provided in the circumstances. iii. In the event that Executive has any other agreement with the Company (or a Subsidiary) which entitles Executive to severance payments upon the termination of his employment with the Company, the amount of any such severance payments shall be deducted from the payments to be made under this Agreement. If Executive should violate any of the provisions of Section 5(a) hereof, all compensation and benefits payable under Section 5(b) shall cease.

Other Severance Payments. i. If Executive's employment is terminated prior to the last day of the Employment Period, and such termination is either by Executive for Good Reason or by the Company for any reason other than for Cause, and such termination is not a Qualified Termination, no compensation or other benefits shall be payable to or accrue to Executive hereunder, except as follows: (1) For the longer of (A) one year after the Date of Termination or (B) the remainder of the Employment Period, the Company will continue to pay to Executive his Base Salary at the rate in effect on the Date of Termination. Base Salary shall be paid for the first twelve months of the period without reduction for compensation earned from other employment or self-employment, and shall thereafter be reduced by such compensation. (2) Until the expiration of Base Salary payments described in (1) immediately above or until Executive shall commence other employment or self-self- employment, whichever shall first occur, the Company will provide medical and hospital insurance and term life insurance (but not long-term disability insurance) for Executive and his family, comparable to the insurance provided for executives generally, as the Company shall determine, and upon the same terms and conditions as shall be provided for Company executives generally, provided that Executive's continued participation is possible under the general terms and provisions of such plans and programs. In the event that Executive is ineligible to participate in such plans or programs, the Company shall arrange upon comparable terms to provide Executive with benefits substantially similar to those which he is entitled to receive under such plans and programs. (3) For purposes of the MIP, Executive shall be entitled to payment, if any, pursuant to the terms of the MIP, or, if greater, such amount as Executive would have earned under MIP if his employment had continued until the end of the fiscal year (pro-rated for the period of active employment during the year). Executive shall also be entitled to payments or benefits under other plans of the Company to the extent provided therein in the circumstances. ii. If Executive's employment terminates by reason of death, Disability or Incapacity, and such termination is not a Qualified Termination, no compensation or benefits shall be payable to or accrue to Executive hereunder, except that Executive shall be entitled to payment, if any, pursuant to the terms of the MIP or, if greater, such amount as Executive would have earned under the MIP until the end of the fiscal year (pro-rated for the period of active employment during such year). Executive shall also be entitled to payments or benefits under other Employer plans, including any long-term disability plan, to the extent therein provided in the circumstances. iii. In the event that Executive has any other agreement with the Company (or a Subsidiary) which entitles Executive to severance payments upon the termination of his employment with the Company, the amount of any such severance payments shall be deducted from the payments to be made under this Agreement. If Executive should violate any of the provisions of Section 5(a) hereof, all compensation and benefits payable under Section 5(b) shall cease.

Other Severance Payments. i. If Executive's employment is terminated prior to the last day of the Employment Period, and such termination is either by Executive for Good Reason or by the Company for any reason other than for Cause, and such termination is not a Qualified Termination, no compensation or other benefits shall be payable to or accrue to Executive hereunder, except as follows: (1) For the longer of (A) one year after the Date of Termination or (B) the remainder of the Employment Period, the Company will continue to pay to Executive his her Base Salary at the rate in effect on the Date of Termination. Base Salary shall be paid for the first twelve months of the period without reduction for compensation earned from other employment or self-employment, and shall thereafter be reduced by such compensation. (2) Until the expiration of Base Salary payments described in (1) immediately above or until Executive shall commence other employment or self-employment, whichever shall first occur, the Company will provide medical and hospital insurance and term life insurance (but not long-term disability insurance) for Executive and his her family, comparable to the insurance provided for executives generally, as the Company shall determine, and upon the same terms and conditions as shall be provided for Company executives generally, provided that Executive's continued participation is possible under the general terms and provisions of such plans and programs. In the event that Executive is ineligible to participate in such plans or programs, the Company shall arrange upon comparable terms to provide Executive with benefits substantially similar to those which he she is entitled to receive under such plans and programs. (3) For purposes of the MIP, Executive shall be entitled to payment, if any, pursuant to the terms of the MIP, or, if greater, such amount as Executive would have earned under MIP if his her employment had continued until the end of the fiscal year (pro-rated for the period of active employment during the year). Executive shall also be entitled to payments or benefits under other plans of the Company to the extent provided therein in the circumstances. ii. If Executive's employment terminates by reason of death, Disability or Incapacity, and such termination is not a Qualified Termination, no compensation or benefits shall be payable to or accrue to Executive hereunder, except that Executive shall be entitled to payment, if any, pursuant to the terms of the MIP or, if greater, such amount as Executive would have earned under the MIP until the end of the fiscal year (pro-rated for the period of active employment during such year). Executive shall also be entitled to payments or benefits under other Employer plans, including any long-term disability plan, to the extent therein provided in the circumstances. iii. In the event that Executive has any other agreement with the Company (or a Subsidiary) which entitles Executive to severance payments upon the termination of his her employment with the Company, the amount of any such severance payments shall be deducted from the payments to be made under this Agreement. If Executive should violate any of the provisions of Section 5(a) hereof, all compensation and benefits payable under Section 5(b) shall cease.

Other Severance Payments. i. FTD shall have the right to terminate the Executive’s employment at any time during the term of this Agreement by giving the Executive written notice of the effective date of the termination. If (i) this Agreement is not renewed pursuant to Section 1 or (ii) the Executive's ’s employment is terminated prior to the last day of the Employment Period, and such termination is either by Executive for Good Reason or by the Company for any reason other than for Cause, and such termination is not a Qualified Termination, no compensation or other benefits shall be payable to or accrue to Executive hereunder, except as follows: (1) For the longer of (A) one year after without Cause by FTD (other than during the Date Change of Termination Control Severance Period) or (B) by the remainder Executive following the Executive’s assignment to a position that represents a material diminution in the Executive’s operating responsibilities (other than during the Change of Control Severance Period) (it being understood that a change in the Employment PeriodExecutive’s title shall not by itself entitle the Executive to terminate the Executive’s employment and receive the right to severance payments under this paragraph), the Company Executive will continue to pay to Executive his Base Salary be paid (1) continuing base salary for one year (at the highest rate in effect on for any period during the Date three-year period prior to the date of Termination. Base Salary shall be paid for termination) from the first twelve months effective date of the period without reduction for compensation earned from other any such non-renewal or termination of employment or self-employment, and shall thereafter be reduced by such compensation. plus (2) Until any pro rata performance bonus to which the expiration Executive may be entitled pursuant to this Agreement for the fiscal year in which the termination occurs, ; provided, however, that in no event shall the Executive be entitled to any payment under this Section 4(b) if the Executive is in breach of Base Salary payments described in the Confidentiality and Non-Competition Agreement. For one year following the date of termination (1) immediately above or until Executive shall commence other employment or self-employment, whichever shall first occurthe “Continuation Period”), the Company Executive will provide medical and hospital insurance and term life insurance (but not long-term disability insurance) for Executive and his familybe provided, comparable at no cost to the insurance provided for executives generallyExecutive, as the Company shall determine, and upon the same terms and conditions as shall be provided for Company executives generally, provided that Executive's continued participation is possible under the general terms and provisions of such plans and programs. In the event that Executive is ineligible to participate in such plans or programs, the Company shall arrange upon comparable terms to provide Executive with (A) health benefits substantially similar to those which he is the Executive was receiving or entitled to receive under immediately prior to the date of termination; provided, however, that any such plans benefits otherwise receivable by the Executive pursuant to this clause will be reduced to the extent comparable benefits are actually received by the Executive from another employer during the Continuation Period, and programs. (3) For purposes of any such benefits actually received by the MIP, Executive shall be reported by the Executive to FTD, and (B) life insurance and disability insurance or coverage at least equivalent to that the Executive was receiving or entitled to payment, if any, pursuant receive immediately prior to the terms date of the MIP, or, if greater, such amount as Executive would have earned under MIP if his employment had continued until the end of the fiscal year (pro-rated for the period of active employment during the year). Executive shall also be entitled to payments or benefits under other plans of the Company to the extent provided therein in the circumstancestermination. ii. If Executive's employment terminates by reason of death, Disability or Incapacity, and such termination is not a Qualified Termination, no compensation or benefits shall be payable to or accrue to Executive hereunder, except that Executive shall be entitled to payment, if any, pursuant to the terms of the MIP or, if greater, such amount as Executive would have earned under the MIP until the end of the fiscal year (pro-rated for the period of active employment during such year). Executive shall also be entitled to payments or benefits under other Employer plans, including any long-term disability plan, to the extent therein provided in the circumstances. iii. In the event that Executive has any other agreement with the Company (or a Subsidiary) which entitles Executive to severance payments upon the termination of his employment with the Company, the amount of any such severance payments shall be deducted from the payments to be made under this Agreement. If Executive should violate any of the provisions of Section 5(a) hereof, all compensation and benefits payable under Section 5(b) shall cease.