Rights in the Event of Disability. If Optionee’s employment with, or provision of services to, ▇▇▇▇▇*s is terminated due to Disability, this Option shall be exercisable by Optionee’s Representative until the earlier of: (i) the Expiration Date; and (ii) three (3) months from the date of Optionee’s Disability, in any case to the extent to which Optionee would otherwise have been entitled to exercise this Option as provided in Section 2 as of the date of Optionee’s Disability; provided, however, that if the Optionee dies after the date of Optionee’s Disability but before the earlier of the Expiration Date and the date that is three (3) months after the date of Optionee’s Disability, an unexercised Stock Option held by such Optionee shall, notwithstanding the expiration of such period, continue to be exercisable to the extent to which it was exercisable at the time of death for a period of twelve (12) months from the date of such death or until the Expiration Date, whichever period is shorter. To the extent Optionee is not entitled to exercise any portion of this Option as of the date of Optionee’s Disability, such unexercised portion of this Option shall immediately lapse, effective as of the date of Optionee’s Disability.
Appears in 2 contracts
Sources: Stock Option Agreement (dELiAs, Inc.), Stock Option Agreement (dELiAs, Inc.)