Common use of Subject to Sections 5 Clause in Contracts

Subject to Sections 5. 2.1 and 5.2.3 hereof, solely in consideration of Executive's promises set forth in this Section 9 (and in addition to any other severance compensation provided in this Agreement), upon termination of the Executive pursuant to the terms contained in this Section 9, Company agrees to pay Executive an amount equal to five (5) times Executive's annual cash compensation as provided in Sections 6.1 and 6.2 being paid at the time of commencement of the Noncompete Period; continue Executive's coverage and funding under Section 6.4 for five (5) years following the commencement of the Noncompete Period; and continue to provide an automobile, club dues, personal tax advisory services, life insurance, and disability insurance under Section 6.6 for five (5) years following the commencement of the Noncompete Period. For purposes of determining compensation which is not fixed (such as a bonus), the annual amount of such unfixed compensation shall be deemed to be equal to the average of such compensation over the three year period immediately prior to the termination. The amount payable under this Section 9.2 shall be in five annual installments beginning on the first day of the Noncompete Period and on the four subsequent anniversaries thereof.

Subject to Sections 5. 2.1 and 5.2.3 hereof, solely in consideration of Executive's promises set forth in this Section 9 (and in addition to any other severance compensation provided in this Agreement), upon termination of the Executive pursuant to the terms contained in this Section 9, Company agrees to pay Executive an amount equal to five ten (510) times Executive's annual cash compensation as provided in Sections 6.1 and 6.2 being paid at the time of commencement of the Noncompete Period; continue Executive's Executives coverage and funding under Section 6.4 for five ten (510) years following the commencement of the Noncompete Period; and continue to provide an automobile, club dues, personal tax advisory services, life insurance, and disability insurance under Section 6.6 for five ten (510) years following the commencement of the Noncompete Period. For purposes of determining compensation which is not fixed (such as a bonus), the annual amount of such unfixed compensation shall be deemed to be equal to the average of such compensation over the three year period immediately prior to the termination. The amount payable under this Section 9.2 shall be in five annual installments beginning on the first day of the Noncompete Period and on the four subsequent anniversaries thereof.