Common use of Rights in the Event of Disability Clause in Contracts

Rights in the Event of Disability. If the Optionee terminates employment or other relationship with the Company or one of its affiliates by reason of the “permanent and total disability” (within the meaning of Section 22(e)(3) of the Code) of the Optionee, the Option granted hereunder shall continue to vest, and shall be exercisable to the extent it is vested, for a period of one year after such termination of employment or service, subject to the general limitation on exercise imposed by Section 4.3 above. Whether a termination of employment or service is to be considered by reason of “permanent and total disability” for purposes of the Plan shall be determined by the Board, which determination shall be final and conclusive.