All Terminations. In the event Executive’s employment terminates during the Employment Period for any reason and regardless as to whether or not Executive executes the Release as provided for in Section 8.9, the Employer Entity shall pay Executive the sum of Executive’s (a) earned but unpaid Base Salary within 65 days of the Termination Date or such sooner date as required by law, (b) any annual incentive earned for the prior calendar year that has not been paid as of the Termination Date, no later than March 15th of the year in which the Termination Date occurs, (c) business expenses that have not been reimbursed by the Employer Entity within 65 days of the Termination Date or such sooner date as required by law, and (d) any accrued and unpaid PTO if such amounts have not been paid as of the Termination Date, within 65 days of the Termination Date or such sooner date as required by law (collectively, the “Accrued Obligations”); provided, that notwithstanding the foregoing, if Executive has made an irrevocable election under any deferred compensation arrangement subject to Section 409A of the Code to defer any portion of his compensation described in this clause, then for purposes of this Section 8.1, such election shall remain effective and such portion shall not be considered as part of the “Accrued Obligations” but shall instead be an “Other Benefit” (as defined below). Contemporaneous with the cessation of Executive’s employment for any reason, unless otherwise requested by the Company Board, Executive will resign from all officer and director positions with the Bank Entities and execute such documents as may be requested by any of the Bank Entities to confirm that resignation.
Appears in 2 contracts
Sources: Employment Agreement (Burke & Herbert Financial Services Corp.), Employment Agreement (Burke & Herbert Financial Services Corp.)