Common use of Payments After Termination Clause in Contracts

Payments After Termination. If this Agreement or the Executive's employment hereunder are terminated for the reasons set forth in Section 6.1 hereof, then the Executive's estate shall receive the annual Base Salary through the date of termination in accordance with the terms of this Agreement, a death benefit equal to one (1)times the Executive’s Annual Base Salary, and the prorated portion of the Annual Bonus, to be calculated based on the average bonus paid over the prior two (2) years , through the date of termination in accordance with the terms of this Agreement. If this Agreement or the Executive's employment hereunder are terminated for the reasons set forth in Sections 6.2 hereof, then the Executive shall receive the Base Salary through the date of termination in accordance with the terms of this Agreement. If this Agreement is terminated pursuant to Section 6.3 or 6.4 hereof, then the Executive shall receive:  (a) the Base Salary through the date of termination in accordance with the terms of this Agreement, and the prorated portion of the Annual Bonus, to be calculated based on the average bonus paid over the prior two (2) years, during the fiscal year and through the date of termination plus;  (b) a severance payment in an amount that equals 2.00 (or 2.99 times if within 2 years of a Change in Control) times the Executive’s annual Base Salary and 2.00 (or 2.99 times if within 2 years of a Change in Control) times Annual Bonus opportunity at the time of the termination; plus  (c) accelerated vesting of granted but not vested Incentive Stock Options and Restricted Shares subject to the definitions, terms, and conditions of the Plan or plan by which their award is authorized; plus  (d) continuation of health insurance, life insurance, dental insurance and other benefits received at the time of separation from the Company through the two (2) years (or three (3) years if within 2 years of a Change in Control) following the year in which termination occurs. Subsequent to Termination, the Executive shall not be entitled to receive any further compensation or benefits from the Company, except as expressly provided by this Agreement. A condition to the Company’s obligation to provide the severance payments and benefits provided by this Agreement is that Executive complies with the obligations of non-competition, non-solicitation of customers, confidentiality and non-disclosure referenced in Section 8 of this Agreement and provided for by Florida law and execute a general release in a form acceptable to the Board. 

Payments After Termination. If this Agreement or the ExecutiveEmployee's employment hereunder are terminated for with Company terminates at the reasons set forth end of the Employment Period referred to in Section 6.1 hereof2 hereof for reasons other than incapacity or death or Cause, then Employee shall be entitled to all the Executive's estate shall receive the annual Base Salary through the date of termination in accordance with the terms of this Agreement, a death benefit equal to one (1)times the Executive’s Annual Base Salary, and the prorated portion of the Annual Bonus, to be calculated based on the average bonus paid over the prior two (2) years , through the date of termination in accordance with the terms of this Agreement. If this Agreement or the Executive's employment hereunder are terminated for the reasons set forth in Sections 6.2 hereof, then the Executive shall receive the Base Salary through the date of termination in accordance with the terms of this Agreement. If this Agreement is terminated pursuant to Section 6.3 or 6.4 hereof, then the Executive shall receive:  (a) the Base Salary through the date of termination in accordance with the terms of this Agreement, and the prorated portion of the Annual Bonus, to be calculated based on the average bonus paid over the prior two (2) years, during the fiscal year and through the date of termination plus;  (b) a severance payment in an amount that equals 2.00 (or 2.99 times if within 2 years following upon execution of a Change in Control) times the Executive’s annual Base Salary release satisfactory to Company and 2.00 Lincoln (or 2.99 times if within 2 years of a Change in Control) times Annual Bonus opportunity at the time of the termination; plus "Release"): (c) accelerated vesting of granted but not vested Incentive Stock Options and Restricted Shares subject a. Company shall pay to the definitions, terms, and conditions of the Plan or plan by which their award is authorized; plus Employee $600,000 in 26 equal biweekly installments; (d) continuation of health insurance, life insurance, dental insurance and other benefits received at the time of separation from the Company through the two (2) years (or three (3) years if within 2 years of a Change in Control) following the year in which termination occurs. Subsequent b. Employee shall become entitled to Termination, the Executive EPIC bonus payments as set out on Exhibit A; c. Employee shall not be entitled to receive any further compensation an early retirement benefit without adjustment for Employee's age; d. Employee shall be entitled to outplacement benefits through Right & Associates' standard program for executives or a similar firm approved by Company; and e. Employee shall be entitled to executive financial planning benefits from for calendar year 1998. In the Company, except as expressly provided by this Agreement. A condition event that Employee's employment terminates prior to the Company’s obligation end of the Employment Period due to provide death or disability, the severance payments amounts specified in subsections a, b and benefits provided by this Agreement is that Executive complies with c above shall still be payable. If Employee's employment terminates during the obligations of non-competition, non-solicitation of customers, confidentiality and non-disclosure referenced Employment Period for the reasons specified in Section 8 5c, upon execution of this Agreement a Release, Employee shall be entitled to receive $285,000 in 26 equal biweekly installments and the benefit specified in subsection c above shall also be payable. If Employee's employment terminates during the Employment Period for the reasons specified in Section 5b, upon execution of a Release, the Employee shall be entitled to receive $285,000 in 26 equal biweekly installments. The amounts provided for by Florida law under subsections b and execute c above shall be payable only if the indictment or charges are dismissed or Employee is acquitted as a general release in result of a form acceptable to the Board. trial.

Payments After Termination. If this Agreement or the Executive's employment hereunder are terminated for the reasons set forth in Section 6.1 hereof, then the Executive's estate shall receive the annual Base Salary through the date of termination in accordance with the terms of this Agreement, a death benefit equal to one (1)times the Executive’s Annual Base Salary, and the prorated unvested portion of the Annual Bonus, any awards previously granted to be calculated based on Executive under the average bonus paid over the prior two (2) years , through the date of termination in accordance with the terms of this AgreementCompany’s outstand Long Term Incentive Compensation plan. If this Agreement or the Executive's employment hereunder are terminated for the reasons set forth in Sections 6.2 hereof, then the Executive shall receive the Base Salary through the date of termination in accordance with the terms of this Agreement. If this Agreement is terminated pursuant to Section 6.3 or 6.4 hereof, then the Executive shall receive: : (a) the Base Salary through the date of termination in accordance with the terms of this Agreement, and the prorated portion of the Annual Bonus, to be calculated based on the average bonus paid over the prior two (2) years, during the fiscal year and through the date of termination plus; ; (b) a severance payment in an amount that equals 2.00 (or 2.99 times if within 2 years of a Change in Control) times the Executive’s annual Base Salary and 2.00 (or 2.99 times if within 2 years of a Change in Control) times Annual Bonus opportunity at the time of the termination; plus plus (c) accelerated vesting of any unvested awards previously granted but not vested to Executive under the Company’s Long Term Incentive Stock Options and Restricted Shares Compensation plan, subject to the definitions, terms, and conditions of the Plan or plan by which their award is authorized; plus plus (d) continuation of health insurance, life insurance, dental insurance and other benefits received at the time of separation from the Company through the two (2) years (or three (3) years if within 2 years of a Change in Control) following the year in which termination occurs. Subsequent to Termination, the Executive shall not be entitled to receive any further compensation or benefits from the Company, except as expressly provided by this Agreement. A condition to the Company’s obligation to provide the severance payments and benefits provided by this Agreement is that Executive complies with the obligations of non-competition, non-solicitation of customers, confidentiality and non-disclosure referenced in Section 8 of this Agreement and provided for by Florida law and execute a general release in a form acceptable to the Board. .

Payments After Termination. If this Agreement or the Executive's employment hereunder are terminated for the reasons set forth in Section 6.1 hereof, then the Executive's estate shall receive the annual Base Salary through the date of termination in accordance with the terms of this Agreement, a death benefit equal to one (1)times 1) times the Executive’s Annual Base Salary, and the prorated portion of the Annual Bonus, to be calculated based on the average bonus paid over the prior two (2) years years, through the date of termination in accordance with the terms of this Agreement. If this Agreement or the Executive's employment hereunder are terminated for the reasons set forth in Sections 6.2 hereof, then the Executive shall receive the Base Salary through the date of termination in accordance with the terms of this Agreement. If this Agreement is terminated pursuant to Section 6.3 or 6.4 hereof, then the Executive shall receive:  (a) the Base Salary through the date of termination in accordance with the terms of this Agreement, and the prorated portion of the Annual Bonus, to be calculated based on the average bonus paid over the prior two (2) years, during the fiscal year and through the date of termination plus;  (b) a severance payment in an amount that equals 2.00 1.50 (or 2.99 2.00 times if within 2 years of a Change in Control) times the Executive’s annual Base Salary and 2.00 1.50 (or 2.99 2.00 times if within 2 years of a Change in Control) times Annual Bonus opportunity at the time of the termination; plus  (c) accelerated vesting of granted but not vested Incentive Stock Options and Restricted Shares subject to the definitions, terms, and conditions of the Plan or plan by which their award is authorized; plus  (d) continuation of health insurance, life insurance, dental insurance and other benefits received at the time of separation from the Company through the 18 months (or two (2) years (or three (3) years if within 2 years of a Change in Control) following the year in which termination occurs. Subsequent to Termination, the Executive shall not be entitled to receive any further compensation or benefits from the Company, except as expressly provided by this Agreement. A condition to the Company’s obligation to provide the severance payments and benefits provided by this Agreement is that Executive complies with the obligations of non-competition, non-solicitation of customers, confidentiality and non-disclosure referenced in Section 8 of this Agreement and provided for by Florida law and execute a general release in a form acceptable to the Board. 

Payments After Termination. If this Agreement or the Executive's employment hereunder are terminated for the reasons set forth in Section 6.1 hereof, then the Executive's estate shall receive the annual Base Salary through the date of termination in accordance with the terms of this Agreement, a death benefit equal to one (1)times the Executive’s Annual Base Salary, and the prorated unvested portion of any awards previously granted to Executive under the Annual Bonus, to be calculated based on the average bonus paid over the prior two (2) years , through the date of termination in accordance with the terms of this AgreementCompany’s Long Term Incentive Compensation plan. If this Agreement or the Executive's employment hereunder are terminated for the reasons set forth in Sections 6.2 hereof, then the Executive shall receive the Base Salary through the date of termination in accordance with the terms of this Agreement. If this Agreement is terminated pursuant to Section 6.3 or 6.4 hereof, then the Executive shall receive: : (a) the Base Salary through the date of termination in accordance with the terms of this Agreement, and the prorated portion of the Annual Bonus, to be calculated based on the average bonus paid over the prior two (2) years, during the fiscal year and through the date of termination plus; ; (b) a severance payment in an amount that equals 2.00 (or 2.99 times if within 2 years of a Change in Control) times the Executive’s annual Base Salary and 2.00 (or 2.99 times if within 2 years of a Change in Control) times Annual Bonus opportunity at the time of the termination; plus plus (c) accelerated vesting of any unvested awards previously granted but not vested to Executive under the Company’s Long Term Incentive Stock Options and Restricted Shares Compensation plan, subject to the definitions, terms, and conditions of the Plan or plan by which their award is authorized; plus plus (d) continuation of health insurance, life insurance, dental insurance and other benefits received at the time of separation from the Company through the two (2) years (or three (3) years if within 2 years of a Change in Control) following the year in which termination occurs. Subsequent to Termination, the Executive shall not be entitled to receive any further compensation or benefits from the Company, except as expressly provided by this Agreement. A condition to the Company’s obligation to provide the severance payments and benefits provided by this Agreement is that Executive complies with the obligations of non-competition, non-solicitation of customers, confidentiality and non-disclosure referenced in Section 8 of this Agreement and provided for by Florida law and execute a general release in a form acceptable to the Board. .

Payments After Termination. If this Agreement or the Executive's employment hereunder are terminated for the reasons set forth in Section 6.1 hereof, then the Executive's estate shall receive the annual Base Salary through the date of termination in accordance with the terms of this Agreement, a death benefit equal to one (1)times the Executive’s Annual Base Salary, and the prorated unvested portion of any awards previously granted to Executive under the Annual Bonus, to be calculated based on the average bonus paid over the prior two (2) years , through the date of termination in accordance with the terms of this AgreementCompany’s Long Term Incentive Compensation plan. If this Agreement or the Executive's employment hereunder are terminated for the reasons set forth in Sections 6.2 hereof, then the Executive shall receive the Base Salary through the date of termination in accordance with the terms of this Agreement. If this Agreement is terminated pursuant to Section 6.3 or 6.4 hereof, then the Executive shall receive: : (a) the Base Salary through the date of termination in accordance with the terms of this Agreement, and the prorated portion of the Annual Bonus, to be calculated based on the average bonus paid over the prior two (2) years, during the fiscal year and through the date of termination plus; ; (b) a severance payment in an amount that equals 2.00 one (or 2.99 times if within 2 years of a Change in Control1) times the Executive’s annual Base Salary and 2.00 (or 2.99 times if within 2 years of a Change in Control) times Annual Bonus opportunity at the time of the terminationSalary; plus plus (c) accelerated vesting of any unvested awards previously granted but not vested to Executive under the Company’s Long Term Incentive Stock Options and Restricted Shares Compensation plan, subject to the definitions, terms, and conditions of the Plan or plan by which their award is authorized; plus plus (d) continuation of health insurance, life insurance, dental insurance and other benefits received at the time of separation from the Company through the two (2) years (or three (3) years if within 2 years of a Change in Control) 6 months following the year in which termination occurs. Subsequent to Termination, the Executive shall not be entitled to receive any further compensation or benefits from the Company, except as expressly provided by this Agreement. A condition to the Company’s obligation to provide the severance payments and benefits provided by this Agreement is that Executive complies with the obligations of non-competition, non-solicitation of customers, confidentiality and non-disclosure referenced in Section 8 of this Agreement and provided for by Florida law and execute a general release in a form acceptable to the Board. .

Payments After Termination. If this Agreement In the event Employer terminates Employee’s employment during the Term without Cause pursuant to Section 7(a)(ii) above, Employee shall have no further rights or claims against the Executive's employment hereunder are terminated Employer, the Employer, or their Affiliates except for (i) the reasons set forth in Section 6.1 hereof, then the Executive's estate shall right to continue to be entitled to receive the annual Base Salary base compensation under Section 6(a) above for a period of ten (10) months following the date of Employee’s termination (the “Severance Period”) payable ratably over the Severance Period in accordance with the Employer’s normal payroll practices; (ii) reimbursement of all business expenses incurred by the Employee prior to the date of termination; and (iii) the right to continue to receive during the Severance Period all medical, dental or other health and welfare benefits provided to Employee during the Term; provided, however, that such benefits shall cease to the extent Employee receives similar benefits from any business which employs Employee during the Severance Period. In the event of termination of the Employee’s employment for any reason other than by Employer without Cause pursuant to Section 7(a)(ii) above, neither Employee nor his beneficiary or estate will have any further rights or claims against the Employer, the Employer or their Affiliates except for (i) the unpaid portion of the base compensation through the date of termination termination, (ii) reimbursement of all business expenses incurred by the Employee prior to such date; and (iii) in accordance with the event of Employee’s death or permanent disability, all rights of Employee under the terms of this Agreement, a death any Employee benefit equal plans or insurance policies of Employer applicable to one (1)times the Executive’s Annual Base Salary, and the prorated portion of the Annual Bonus, to be calculated based on the average bonus paid over the prior two (2) years , through the date of termination in accordance with the terms of this Agreement. If this Agreement or the Executive's employment hereunder are terminated for the reasons set forth in Sections 6.2 hereof, then the Executive shall receive the Base Salary through the date of termination in accordance with the terms of this Agreement. If this Agreement is terminated pursuant to Section 6.3 or 6.4 hereof, then the Executive shall receive:  (a) the Base Salary through the date of termination in accordance with the terms of this Agreement, and the prorated portion of the Annual Bonus, to be calculated based on the average bonus paid over the prior two (2) years, during the fiscal year and through the date of termination plus;  (b) a severance payment in an amount that equals 2.00 (or 2.99 times if within 2 years of a Change in Control) times the Executive’s annual Base Salary and 2.00 (or 2.99 times if within 2 years of a Change in Control) times Annual Bonus opportunity at the time of the termination; plus  (c) accelerated vesting of granted but not vested Incentive Stock Options and Restricted Shares subject to the definitions, terms, and conditions of the Plan or plan by which their award is authorized; plus  (d) continuation of health insurance, life insurance, dental insurance and other benefits received at the time of separation from the Company through the two (2) years (or three (3) years if within 2 years of a Change in Control) following the year in which termination occurs. Subsequent to Termination, the Executive shall not be entitled to receive any further compensation or benefits from the Company, except as expressly provided by this Agreement. A condition to the Company’s obligation to provide the severance payments and benefits provided by this Agreement is that Executive complies with the obligations of non-competition, non-solicitation of customers, confidentiality and non-disclosure referenced in Section 8 of this Agreement and provided for by Florida law and execute a general release in a form acceptable to the Board. Employee.

Payments After Termination. If this Agreement or the Executive's employment hereunder are terminated for the reasons set forth in Section 6.1 hereof, then the Executive's estate shall receive the annual Base Salary through the date of termination in accordance with the terms of this Agreement, a death benefit equal to one (1)times 1) times the Executive’s Annual Base Salary, and the prorated portion of the Annual Bonus, to be calculated based on the average bonus paid over the prior two (2) years , through the date of termination in accordance with the terms of this Agreement. If this Agreement or the Executive's employment hereunder are terminated for the reasons set forth in Sections 6.2 hereof, then the Executive shall receive the Base Salary through the date of termination in accordance with the terms of this Agreement. If this Agreement is terminated pursuant to Section 6.3 or 6.4 hereof, then the Executive shall receive:  (a) the Base Salary through the date of termination in accordance with the terms of this Agreement, and the prorated portion of the Annual Bonus, to be calculated based on the average bonus paid over the prior two (2) years, during the fiscal year and through the date of termination plus;  (b) a severance payment in an amount that equals 2.00 1.50 (or 2.99 2.00 times if within 2 years of a Change in Control) times the Executive’s annual Base Salary and 2.00 1.50 (or 2.99 2.00 times if within 2 years of a Change in Control) times Annual Bonus opportunity at the time of the termination; plus  (c) accelerated vesting of granted but not vested Incentive Stock Options and Restricted Shares subject to the definitions, terms, and conditions of the Plan or plan by which their award is authorized; plus  (d) continuation of health insurance, life insurance, dental insurance and other benefits received at the time of separation from the Company through the 18 months (or two (2) years (or three (3) years if within 2 years of a Change in Control) following the year in which termination occurs. Subsequent to Termination, the Executive shall not be entitled to receive any further compensation or benefits from the Company, except as expressly provided by this Agreement. A condition to the Company’s obligation to provide the severance payments and benefits provided by this Agreement is that Executive complies with the obligations of non-competition, non-solicitation of customers, confidentiality and non-disclosure referenced in Section 8 of this Agreement and provided for by Florida law and execute a general release in a form acceptable to the Board. 

Payments After Termination. If this Agreement or the Executive's employment hereunder are terminated for the reasons set forth in Section 6.1 hereof, then the Executive's estate shall receive the annual Base Salary through the date of termination in accordance with the terms of this Agreement, a death benefit equal to one (1)times the Executive’s Annual Base Salary, and the prorated unvested portion of any awards previously granted to Executive under the Annual Bonus, to be calculated based on the average bonus paid over the prior two (2) years , through the date of termination in accordance with the terms of this AgreementCompany’s Long Term Incentive Compensation plan. If this Agreement or the Executive's employment hereunder are terminated for the reasons set forth in Sections 6.2 hereof, then the Executive shall receive the Base Salary through the date of termination in accordance with the terms of this Agreement. If this Agreement is terminated pursuant to Section 6.3 or 6.4 hereof, then the Executive shall receive: : (a) the Base Salary through the date of termination in accordance with the terms of this Agreement, and the prorated portion of the Annual Bonus, to be calculated based on the average bonus paid over the prior two (2) years, during the fiscal year and through the date of termination plus; ; (b) a severance payment in an amount that equals 2.00 1.50 (or 2.99 2.00 times if within 2 years of a Change in Control) times the Executive’s annual Base Salary and 2.00 1.50 (or 2.99 2.00 times if within 2 years of a Change in Control) times Annual Bonus opportunity at the time of the termination; plus plus (c) accelerated vesting of any unvested awards previously granted but not vested to Executive under the Company’s Long Term Incentive Stock Options and Restricted Shares Compensation plan, subject to the definitions, terms, and conditions of the Plan or plan by which their award is authorized; plus plus (d) continuation of health insurance, life insurance, dental insurance and other benefits received at the time of separation from the Company through the 18 months (or two (2) years (or three (3) years if within 2 years of a Change in Control) following the year in which termination occurs. Subsequent to Termination, the Executive shall not be entitled to receive any further compensation or benefits from the Company, except as expressly provided by this Agreement. A condition to the Company’s obligation to provide the severance payments and benefits provided by this Agreement is that Executive complies with the obligations of non-competition, non-solicitation of customers, confidentiality and non-disclosure referenced in Section 8 of this Agreement and provided for by Florida law and execute a general release in a form acceptable to the Board. .

Payments After Termination. If this Agreement or the Executive's employment hereunder are terminated for the reasons set forth in Section 6.1 hereof, then the Executive's estate shall receive the annual Base Salary through the date of termination in accordance with the terms of this Agreement, a death benefit equal to one (1)times the Executive’s Annual Base Salary, and the prorated unvested portion of any awards previously granted to Executive under the Annual Bonus, to be calculated based on the average bonus paid over the prior two (2) years , through the date of termination in accordance with the terms of this AgreementCompany’s Long Term Incentive Compensation plan. If this Agreement or the Executive's employment hereunder are terminated for the reasons set forth in Sections 6.2 hereof, then the Executive shall receive the Base Salary through the date of termination in accordance with the terms of this Agreement. If this Agreement is terminated pursuant to Section 6.3 or 6.4 hereof, then the Executive shall receive: : (a) the Base Salary through the date of termination in accordance with the terms of this Agreement, and the prorated portion of the Annual Bonus, to be calculated based on the average bonus paid over the prior two (2) years, during the fiscal year and through the date of termination plus; ; (b) a severance payment in an amount that equals 2.00 1.50 (or 2.99 2.00 times if within 2 years of a Change in Control) times the Executive’s annual Base Salary and 2.00 1.50 (or 2.99 2.00 times if within 2 years of a Change in Control) times Annual Bonus opportunity at the time of the termination; plus plus (c) accelerated vesting of any unvested awards previously granted but not vested to Executive under the Company’s Long Term Incentive Stock Options and Restricted Shares Compensation plan, subject to the definitions, terms, and conditions of the Plan or plan by which their award is authorized; plus plus (d) continuation of health insurance, life insurance, dental insurance and other benefits received at the time of separation from the Company through the 18 months (or two (2) years (or three (3) years if within 2 years of a Change in Control) following the year in which termination occurs. Subsequent to Termination, the Executive shall not be entitled to receive any further compensation or benefits from the Company, except as expressly provided by this Agreement. A condition to the Company’s obligation to provide the severance payments and benefits provided by this Agreement is that Executive complies with the obligations of non-competition, non-solicitation of customers, confidentiality and non-disclosure referenced in Section 8 of this Agreement and provided for by Florida law and execute a general release in a form acceptable to the Board. .