Common use of Applicable Percentage Clause in Contracts

Applicable Percentage. The term "Applicable Percentage" shall mean that percentage listed on Schedule "A" attached hereto which is adjacent to the number of complete years (with a "year" being the performance of personal services for or on behalf of the Employer for a period of 365 days) which have elapsed starting from the Effective Date of this Agreement and ending on the date payments are to first begin under the terms of this Agreement. Notwithstanding the foregoing or the percentages set forth on Schedule "A," but subject to all other terms and conditions set forth herein, the "Applicable Percentage" shall be: (i) provided payments have not yet begun hereunder, one hundred percent (100%) upon the Executive's death; and (ii) notwithstanding subclause (i) of this Paragraph, zero percent (O%) in the event the Executive takes any action which prevents the Employer from collecting the proceeds of any life insurance policy which the Employer may happen to own at the time of the Executive's death and of which the Employer is the designated beneficiary. Furthermore, notwithstanding the foregoing, or anything contained herein to the contrary, in the event the Executive takes any action which prevents the Employer from collecting the proceeds of any life insurance policy which the Employer may happen to own at the time of the Executive's death and of which the Employer is the designated beneficiary: (1) the Executive's estate or designated beneficiary shall no longer be entitled to receive any of the amounts payable under the terms of this Agreement, and (2) the Bank shall have the right to recover from Executive's estate all of the amounts paid to the Executive's estate (with respect to amounts paid prior to Executive's death or paid to Executive's estate) or designated beneficiary (with respect to amounts paid to the designated beneficiary) pursuant to the terms of this Agreement prior to and after Executive's death.

Applicable Percentage. The term "“Applicable Percentage" ” shall mean that percentage adjacent to a calendar period listed on Schedule "“A" ” attached hereto hereto, which is adjacent to percentage shall remain in effect until an adjustment occurs on each succeeding calendar period during the number term of complete years (with service as a "year" being the performance of personal services for or on behalf member of the Employer for a period Board of 365 days) which have elapsed starting from Directors of the Effective Date of this Agreement and ending on the date payments are to first begin under the terms of this AgreementBank. Notwithstanding the foregoing or the percentages set forth on Schedule "“A," ” but subject to all other terms and conditions set forth herein, the "“Applicable Percentage" ” shall be: (i) provided payments have not yet begun hereunder, one hundred percent (100%) upon termination of service described in subparagraph 5.4 pursuant to a “Change in Control” as defined in subparagraph 1.4 below, or the Executive's Director’s death, or Disability as defined in subparagraph 1.6 below, which death or Disability occurs prior to termination of service; and (ii) notwithstanding subclause (i) of this Paragraphsubparagraph 1.2, zero percent (O%0%) in the event the Executive Director takes any intentional action which prevents the Employer Bank from collecting the proceeds of any life insurance policy which the Employer Bank may happen to own at the time of the Executive's Director’s death and of which the Employer Bank is the designated beneficiary. Furthermore, notwithstanding the foregoing, or anything contained herein in this Agreement to the contrary, in the event the Executive Director takes any intentional action which prevents the Employer Bank from collecting the proceeds of any life insurance policy which the Employer Bank may happen to own at the time of the Executive's Director’s death and of which the Employer Bank is the designated beneficiary: (1) the Executive's Director’s estate or designated beneficiary shall no longer be entitled to receive any of the amounts payable under the terms of this Agreement, and (2) the Bank shall have the right to recover from Executive's the Director’s estate all of the amounts paid to the Executive's Director’s estate (with respect to amounts paid prior to Executive's the Director’s death or paid to Executive's the Director’s estate) or designated beneficiary (with respect to amounts paid to the designated beneficiary) pursuant to the terms of this Agreement prior to and after Executive's the Director’s death.

Applicable Percentage. The term "Applicable Percentage" shall mean that percentage listed on Schedule "A" attached hereto which is adjacent to the number of complete calendar years (with a "year" being which shall have elapsed from the performance of personal services for or on behalf date of the Employer for a period Executive's commencement of 365 days) which have elapsed starting from service to the Effective Date of this Agreement and ending on the date payments are to first begin under the terms of this AgreementEmployer. Notwithstanding the foregoing or the percentages set forth on Schedule "A," but subject to all other terms and conditions set forth herein, the "Applicable Percentage" shall be: (i) provided payments have not yet begun hereunder, one hundred percent (100%) upon the occurrence of a "Change in Control" as defined in subparagraph 1.4 below, or the Executive's death, or Disability (as defined in subparagraph 1.6 below), which death or Disability occurs prior to the termination of the Executive's employment by the Employer; and (ii) notwithstanding subclause (i) of this Paragraphsubparagraph 1.2, zero percent (O%0%) in the event the Executive takes any intentional action which prevents the Employer from collecting the proceeds of any life insurance policy which the Employer may happen to own at the time of the Executive's death and of which the Employer is the designated beneficiary. Furthermore, notwithstanding the foregoing, or anything contained herein in this Agreement to the contrary, in the event the Executive takes any intentional action which prevents the Employer from collecting the proceeds of any life insurance policy which the Employer may happen to own at the time of the Executive's death and of which the Employer is the designated beneficiary: (1) the Executive's estate or designated beneficiary shall no longer be entitled to receive any of the amounts payable under the terms of this Agreement, and (2) the Bank Employer shall have the right to recover from the Executive's estate all of the amounts paid to the Executive's estate (with respect to amounts paid prior to the Executive's death or paid to the Executive's estate) or designated beneficiary (with respect to amounts paid to the designated beneficiary) pursuant to the terms of this Agreement prior to and after Executive's death.

Applicable Percentage. The term "“Applicable Percentage" ” shall mean that percentage adjacent to a calendar period listed on Schedule "“A" ” attached hereto hereto, which is adjacent to percentage shall remain in effect until an adjustment occurs on each succeeding calendar period during the number term of complete years (with service as a "year" being the performance of personal services for or on behalf member of the Employer for a period Board of 365 days) which have elapsed starting from Directors of the Effective Date of this Agreement and ending on the date payments are to first begin under the terms of this AgreementBank. Notwithstanding the foregoing or the percentages set forth on Schedule "“A," ”, but subject to all other terms and conditions set forth herein, the "“Applicable Percentage" ” shall be: (i) provided payments have not mot yet begun hereunder, one hundred percent (100%) upon termination of termination of service described in subparagraph 5.4 pursuant to a “Change in Control” as defined in subparagraph 1.3 below, or the Executive's Director’s death, or Disability as defined in subparagraph 1.5 below, which death or Disability occurs prior to the termination of service; and (ii) notwithstanding subclause (i) of this Paragraphsubparagraph 1.2, zero percent (O%0%) in the event the Executive Director takes any intentional action which prevents the Employer Bank from collecting the proceeds of any life insurance policy which the Employer Bank may happen to own at the time of the Executive's Director’s death and of which the Employer Bank is the designated beneficiary. Furthermore, notwithstanding the foregoing, or anything contained herein in this Agreement to the contrary, in the event the Executive Director takes any intentional action which prevents the Employer Bank from collecting the proceeds of any life insurance policy which the Employer Bank may happen to own at the time of the Executive's Director’s death and of which the Employer Bank is the designated beneficiary: (1) the Executive's Director’s estate or designated beneficiary shall no longer be entitled to receive any of the amounts payable under the terms of this Agreement, and (2) the Bank shall have the right to recover from Executive's the Directors estate all of the amounts paid to the Executive's Director’s estate (with respect to amounts paid prior to Executive's the Director’s death or paid to Executive's the Director’s estate) or designated beneficiary (with respect to amounts paid to the designated beneficiary) pursuant to the terms of this Agreement prior to and after Executive's the Director’s death.

Applicable Percentage. The term "“Applicable Percentage" ” shall mean that percentage listed on Schedule "“A" ” attached hereto which is adjacent to the number of complete calendar years (with a "year" being the performance of personal services for or on behalf of the Employer for a period of 365 days) which have elapsed starting from the Effective Date date of this Agreement the Director’s commencement of service as a member of the Board of Directors of the Bank and ending on the date payments are to first begin under the terms of this Agreement. Notwithstanding the foregoing or the percentages set forth on Schedule "“A," ” but subject to all other terms and conditions set forth herein, the "“Applicable Percentage" ” shall be: (i) provided payments have not yet begun hereunder, one hundred percent (100%) upon the Executive's occurrence of a “Change in Control” as defined in subparagraph 1.4 below, or the Director’s death, or Disability as defined in subparagraph 1.6 below; and (ii) notwithstanding subclause (i) of this Paragraphsubparagraph 1.2, zero percent (O%0%) in the event the Executive Director takes any intentional action which prevents the Employer Bank from collecting the proceeds of any life insurance policy which the Employer Bank may happen to own at the time of the Executive's Director’s death and of which the Employer Bank is the designated beneficiary. Furthermore, notwithstanding the foregoing, or anything contained herein in this Agreement to the contrary, in the event the Executive Director takes any intentional action which prevents the Employer Bank from collecting the proceeds of any life insurance policy which the Employer Bank may happen to own at the time of the Executive's Director’s death and of which the Employer Bank is the designated beneficiary: beneficiary (1) the Executive's Director’s estate or designated beneficiary shall no longer be entitled to receive any of the amounts payable under the terms of this Agreement, Agreement and (2) the Bank shall have the right to recover from Executive's Director’s estate all of the amounts paid to the Executive's Director’s estate (with respect to amounts paid prior to Executive's Director’s death or paid to Executive's Director’s estate) or designated beneficiary (with respect to amounts paid to the designated beneficiary) pursuant to the terms of this Agreement prior to and after Executive's Director’s death.

Applicable Percentage. The term "Applicable Percentage" shall mean that percentage listed on Schedule "A" attached hereto which is adjacent to the number of complete calendar years (with a "year" being which shall have elapsed from the performance of personal services for or on behalf date of the Employer for a period Executive's commencement of 365 days) which have elapsed starting from service to the Effective Date of this Agreement and ending on the date payments are to first begin under the terms of this AgreementEmployer. Notwithstanding the foregoing or the percentages set forth on Schedule "A," but subject to all other terms and conditions set forth herein, the "Applicable Percentage" shall be: (i) provided payments have not yet begun hereunder, one hundred percent (100%) upon the occurrence of a "Change in Control" as defined in subparagraph 1.4 below, or the Executive's death, or Disability (as defined in subparagraph 1.6 below),which death or Disability occurs prior to the termination of the Executive's employment by the Employer; and (ii) notwithstanding subclause (i) of this Paragraphsubparagraph 1.2, zero percent (O%0%) in the event the Executive takes any intentional action which prevents the Employer from collecting the proceeds of any life insurance policy which the Employer may happen to own at the time of the Executive's death and of which the Employer is the designated beneficiary. Furthermore, notwithstanding the foregoing, or anything contained herein in this Agreement to the contrary, in the event the Executive takes any intentional action which prevents the Employer from collecting the proceeds of any life insurance policy which the Employer may happen to own at the time of the Executive's death and of which the Employer is the designated beneficiary: (1) the Executive's estate or designated beneficiary shall no longer be entitled to receive any of the amounts payable under the terms of this Agreement, and (2) the Bank Employer shall have the right to recover from the Executive's estate all of the amounts paid to the Executive's estate (with respect to amounts paid prior to the Executive's death or paid to the Executive's estate) or designated beneficiary (with respect to amounts paid to the designated beneficiary) pursuant to the terms of this Agreement prior to and after Executive's death.

Applicable Percentage. The term "Applicable Percentage" shall mean that percentage listed on Schedule "A" attached hereto which is adjacent to the number of complete years (with a "year" being the performance of personal services for or on behalf of the Employer for a period of 365 days) which have elapsed starting from the Effective Date of this Agreement and ending on the date payments are to first begin under the terms of this Agreement. Notwithstanding the foregoing or the percentages set forth on Schedule "A," but subject to all other terms and conditions set forth herein, the "Applicable Percentage" shall be: (i) provided payments have not yet begun hereunder, one hundred percent (100%) upon the occurrence of a "change of control" as defined in subparagraph 1.5 below or upon the Executive's death; and (ii) notwithstanding subclause (i) of this Paragraph, zero percent (O%0%) in the event the Executive takes any action which prevents the Employer from collecting the proceeds of any life insurance policy which the Employer may happen to own at the time of the Executive's death and of which the Employer is the designated beneficiary. Furthermore, notwithstanding the foregoing, or anything contained herein to the contrary, in the event the Executive takes any action which prevents the Employer from collecting the proceeds of any life insurance policy which the Employer may happen to own at the time of the Executive's death and of which the Employer is the designated beneficiary: (1) the Executive's estate or designated beneficiary shall no longer be entitled to receive any of the amounts payable under the terms of this Agreement, and (2) the Bank shall have the right to recover from Executive's estate all of the amounts paid to the Executive's estate (with respect to amounts paid prior to Executive's death or paid to Executive's estate) or designated beneficiary (with respect to amounts paid to the designated beneficiary) pursuant to the terms of this Agreement prior to and after Executive's death.

Applicable Percentage. The term "Applicable Percentage" shall mean that percentage adjacent to a calendar period listed on Schedule "A" attached hereto hereto, which is adjacent to percentage shall remain in effect until an adjustment occurs on each succeeding calendar period during the number term of complete years (with service as a "year" being the performance of personal services for or on behalf member of the Employer for a period Board of 365 days) which have elapsed starting from Directors of the Effective Date of this Agreement and ending on the date payments are to first begin under the terms of this AgreementBank. Notwithstanding the foregoing or the percentages set forth on Schedule "A," but subject to all other terms and conditions set forth herein, the "Applicable Percentage" shall be: (i) provided payments have not yet begun hereunder, one hundred percent (100%) upon termination of service described in subparagraph 5.4 pursuant to a "Change in Control" as defined in subparagraph 1.4 below, or the ExecutiveDirector's death, or Disability as defined in subparagraph 1.6 below, which death or Disability occurs prior to termination of service; and (ii) notwithstanding subclause (i) of this Paragraphsubparagraph 1.2, zero percent (O%0%) in the event the Executive Director takes any intentional action which prevents the Employer Bank from collecting the proceeds of any life insurance policy which the Employer Bank may happen to own at the time of the ExecutiveSurrogate's death and of which the Employer Bank is the designated beneficiary. Furthermore, notwithstanding the foregoing, or anything contained herein in this Agreement to the contrary, in the event the Executive Director takes any intentional action which prevents the Employer Bank from collecting the proceeds of any life insurance policy which the Employer Bank may happen to own at the time of the ExecutiveSurrogate's death and of which the Employer Bank is the designated beneficiary: (1) the ExecutiveDirector's estate or designated beneficiary shall no longer be entitled to receive any of the amounts payable under the terms of this Agreement, and (2) the Bank shall have the right to recover from Executivethe Director's estate all of the amounts paid to the ExecutiveDirector's estate (with respect to amounts paid prior to Executivethe Surrogate's death or paid to Executivethe Director's estate) or designated beneficiary (with respect to amounts paid to the designated beneficiary) pursuant to the terms of this Agreement prior to and after Executivethe Surrogate's death.

Applicable Percentage. The term "Applicable Percentage" shall mean that percentage adjacent to a calendar period listed on Schedule "A" attached hereto hereto, which is adjacent to percentage shall remain in effect until an adjustment occurs on each succeeding calendar period during the number term of complete years (with a "year" being the performance of personal services for or on behalf of the Employer for a period of 365 days) which have elapsed starting from the Effective Date of this Agreement and ending on the date payments are to first begin under the terms of this Agreementemployment. Notwithstanding the foregoing or the percentages set forth on Schedule "A," but subject to all other terms and conditions set forth herein, the "Applicable Percentage" shall be: (i) provided payments have not yet begun hereunder, one hundred percent (100%) upon the occurrence of an event of termination described in subparagraph 5.4 pursuant to a "Change in Control" as defined in subparagraph 1.4 below, or the Executive's death, or Disability as defined in subparagraph 1.6 below, which death or Disability occurs prior to the termination of the Executive's employment by the Employer; and (ii) notwithstanding subclause (i) of this Paragraphsubparagraph 1.2, zero percent (O%0%) in the event the Executive takes any intentional action which prevents the Employer from collecting the proceeds of any life insurance policy which the Employer may happen to own at the time of the Executive's death and of which the Employer is the designated beneficiary. Furthermore, notwithstanding the foregoing, or anything contained herein in this Agreement to the contrary, in the event the Executive takes any intentional action which prevents the Employer from collecting the proceeds of any life insurance policy which the Employer may happen to own at the time of the Executive's death and of which the Employer is the designated beneficiary: (1) the Executive's estate or designated beneficiary shall no longer be entitled to receive any of the amounts payable under the terms of this Agreement, and (2) the Bank Employer shall have the right to recover from the Executive's estate all of the amounts paid to the Executive's estate (with respect to amounts paid prior to the Executive's death or paid to the Executive's estate) or designated beneficiary (with respect to amounts paid to the designated beneficiary) pursuant to the terms of this Agreement prior to and after the Executive's death.

Applicable Percentage. The term "Applicable Percentage" shall mean that percentage listed on Schedule "A" attached hereto which is adjacent to the number of complete years (with a "year" being the performance of personal services for or on behalf of the Employer for a period of 365 days) which have elapsed starting from the Effective Date of this Agreement and ending on the date payments are to first begin under the terms of this Agreement. Notwithstanding the foregoing or the percentages set forth on Schedule "A," but subject to all other terms and conditions set forth herein, the "Applicable Percentage" shall be: (i) provided payments have not yet begun hereunder, one hundred percent (100%) upon the occurrence of a "change of control" as defined in subparagraph 1.5 below or upon the Executive's death; and (ii) notwithstanding subclause (i) of this Paragraph, zero percent (O%) in the event the Executive takes any action which prevents the Employer from collecting the proceeds of any life insurance policy which the Employer may happen to own at the time of the Executive's death and of which the Employer is the designated beneficiary. Furthermore, notwithstanding the foregoing, or anything contained herein to the contrary, in the event the Executive takes any action which prevents the Employer from collecting the proceeds of any life insurance policy which the Employer may happen to own at the time of the Executive's death and of which the Employer is the designated beneficiary: (1) the Executive's estate or designated beneficiary shall no longer be entitled to receive any of the amounts payable under the terms of this Agreement, and (2) the Bank shall have the right to recover from Executive's estate all of the amounts paid to the Executive's estate (with respect to amounts paid prior to Executive's death or paid to Executive's estate) or designated beneficiary (with respect to amounts paid to the designated beneficiary) pursuant to the terms of this Agreement prior to and after Executive's death.

Applicable Percentage. The term "“Applicable Percentage" ” shall mean that percentage listed on Schedule "“A" ” attached hereto which is adjacent to the number of complete calendar years (with a "year" being the performance of personal services for or on behalf of the Employer for a period of 365 days) which have elapsed starting from the Effective Date date of this Agreement the Director’s commencement of service as a member of the Board of Directors of the Bank and ending on the date payments are to first begin under the terms of this Agreement. Notwithstanding the foregoing or the percentages set forth on Schedule "“A," ” but subject to all other terms and conditions set forth herein, the "“Applicable Percentage" ” shall be: ; (i) provided payments have not yet begun hereunder, one hundred percent (100%) upon the Executive's occurrence of a “Change in Control” as defined in subparagraph 1.4 below, or the Director’s death, or Disability as defined in subparagraph 1.6 below; and (ii) notwithstanding subclause (i) of this Paragraphsubparagraph 1.2, zero percent (O%0%) in the event the Executive Director takes any intentional action which prevents the Employer Bank from collecting the proceeds of any life insurance policy which the Employer Bank may happen to own at the time of the Executive's Director’s death and of which the Employer Bank is the designated beneficiary. Furthermore, notwithstanding the foregoing, or anything contained herein in this Agreement to the contrary, in the event the Executive Director takes any intentional action which prevents the Employer Bank from collecting the proceeds of any life insurance policy which the Employer Bank may happen to own at the time of the Executive's Director’s death and of which the Employer Bank is the designated beneficiary: (1I) the Executive's Director’s estate or designated beneficiary shall no longer be entitled to receive any of the amounts payable under the terms of this Agreement, and (2) the Bank shall have the right to recover from Executive's Director’s estate all of the amounts paid to the Executive's Director’s estate (with respect to amounts paid prior to Executive's Director’s death or paid to Executive's Director’s estate) or designated beneficiary (with respect to amounts paid to the designated beneficiary) pursuant to the terms of this Agreement prior to and after Executive's Director’s death.

Applicable Percentage. The term "“Applicable Percentage" ” shall mean that percentage adjacent to a calendar period listed on Schedule "“A" ” attached hereto hereto, which is adjacent to percentage shall remain in effect until an adjustment occurs on each succeeding calendar period during the number term of complete years (with service as a "year" being the performance of personal services for or on behalf member of the Employer for a period Board of 365 days) which have elapsed starting from Directors of the Effective Date of this Agreement and ending on the date payments are to first begin under the terms of this Agreement. Bank, Notwithstanding the foregoing or the percentages set forth on Schedule "“A," ” but subject to all other terms and conditions set forth herein, the "“Applicable Percentage" ” shall be: (i) provided payments have not yet begun hereunder, one hundred percent (100%) upon termination of service described in subparagraph 5.4 pursuant to a “Change in Control” as defined in subparagraph 1.4 below, or the Executive's Director’s death, or Disability as defined in subparagraph 1.6 below, which death or Disability occurs prior to termination of service; and (ii) notwithstanding subclause (i) of this Paragraphsubparagraph 1.2, zero percent (O%0%) in the event the Executive Director takes any intentional action which prevents the Employer Bank from collecting the proceeds of any life insurance policy which the Employer Bank may happen to own at the time of the Executive's Surrogate’s death and of which the Employer Bank is the designated beneficiary. Furthermore, notwithstanding the foregoing, foregoing or anything contained herein in this Agreement to the contrary, in the event the Executive Director takes any intentional action which prevents the Employer Bank from collecting the proceeds of any life insurance policy which the Employer Bank may happen to own at the time of the Executive's Surrogate’s death and of which the Employer Bank is the designated beneficiary: (1) the Executive's Director’s estate or designated beneficiary shall no longer be entitled to receive any of the amounts payable under the terms of this Agreement, and (2) the Bank shall have the right to recover from Executive's the Director’s estate all of the amounts paid to the Executive's Director’s estate (with respect to amounts paid prior to Executive's the Surrogate’s death or paid to Executive's the Director’s estate) or designated beneficiary (with respect to amounts paid to the designated beneficiary) pursuant to the terms of this Agreement prior to and after Executive's the Surrogates death.

Applicable Percentage. The term "Applicable Percentage" shall mean that percentage listed fixed on Schedule "A" attached hereto which is adjacent to the number of complete years (with a "year" being the performance of personal services for or on behalf of the Employer for a period of 365 days) which have elapsed starting from the Effective Date of this Agreement and ending on the date payments are to first begin under the terms of this Agreement. Notwithstanding the foregoing or the percentages set forth on Schedule "A," but subject to all other terms and conditions set forth herein, the "Applicable Percentage" shall be: (i) provided payments have not yet begun hereunder, one hundred percent (100%) upon the Executive's death; and (ii) notwithstanding subclause (i) of this Paragraph, zero percent (O%) in the event the Executive takes any action which prevents the Employer from collecting the proceeds of any life insurance policy which the Employer may happen to own at the time of the Executive's death and of which the Employer is the designated beneficiary. Furthermore, notwithstanding the foregoing, or anything contained herein to the contrary, in the event the Executive takes any action which prevents the Employer from collecting the proceeds of any life insurance policy which the Employer may happen to own at the time of the Executive's death and of which the Employer is the designated beneficiary: (1) the Executive's estate or designated beneficiary shall no longer be entitled to receive any of the amounts payable under the terms of this Agreement, and (2) the Bank shall have the right to recover from Executive's estate all of the amounts paid to the Executive's estate (with respect to amounts paid prior to Executive's death or paid to Executive's estate) or designated beneficiary (with respect to amounts paid to the designated beneficiary) pursuant to the terms of this Agreement prior to and after Executive's death.

Applicable Percentage. The term "Applicable Percentage" shall mean that percentage listed on Schedule "A" attached hereto which is adjacent to the number of complete calendar years (with a "year" being which shall have elapsed from the performance of personal services for or on behalf date of the Employer for a period Executive's commencement of 365 days) which have elapsed starting from service to the Effective Date of this Agreement and ending on the date payments are to first begin under the terms of this AgreementEmployer. Notwithstanding the foregoing or the percentages percentage set forth on Schedule "A," , but subject to all other terms and conditions set forth herein, the "Applicable Percentage" Percentage shall be: (i) provided payments have not yet begun hereunder, one hundred percent (100%) upon the occurrence of a "Change in Control" as defined in subparagraph 1.4 below, or the Executive's death, or Disability (as defined in subparagraph 1.6 below); and (ii) notwithstanding subclause (i) of this Paragraphsubparagraph 1.2, zero percent (O%0%) in the event the Executive takes any intentional action which prevents the Employer from collecting the proceeds of any life insurance policy which the Employer may happen to own at the time of the Executive's death and of which the Employer is the designated beneficiary. Furthermore, notwithstanding the foregoing, or anything contained herein in this Agreement to the contrary, in the event the Executive takes any intentional action which prevents the Employer from collecting the proceeds of any life insurance policy which the Employer may happen to own at the time of the Executive's death and of which the Employer is the designated beneficiary: (1) the Executive's estate or designated beneficiary shall no longer be entitled to receive any of the amounts payable under the terms of this Agreement, and (2) the Bank Employer shall have the right to recover from the Executive's estate all of the amounts paid to the Executive's estate (with respect to amounts paid prior to the Executive's death or paid to the Executive's estate) or designated beneficiary (with respect to amounts paid to the designated beneficiary) pursuant to the terms of this Agreement prior to and after Executive's death.

Applicable Percentage. The term "Applicable Percentage" shall mean that percentage listed on Schedule "A" attached hereto which is adjacent to the number of complete calendar years (with a "year" being which shall have elapsed from the performance of personal services for or on behalf date of the Employer for a period Director's commencement of 365 days) which have elapsed starting from service to the Effective Date of this Agreement and ending on the date payments are to first begin under the terms of this AgreementBank. Notwithstanding the foregoing or the percentages set forth on Schedule "A," but subject to all other terms and conditions set forth herein, the "Applicable Percentage" shall be: (i) provided payments have not yet begun hereunder, one hundred percent (100%) upon 100%)upon the Executiveoccurrence of a "Change in Control" as defined in subparagraph 1.4 below, or the Director's death, or Disability (as defined in subparagraph 1.6 below), which death or Disability occurs prior to the termination of the Director's service on the Board of Directors of the Bank; and (ii) notwithstanding subclause (i) of this Paragraphsubparagraph 1.2, zero percent (O%) in 0%)in the event the Executive Director takes any intentional action which prevents the Employer Bank from collecting the proceeds of any life insurance policy which the Employer Bank may happen to own at the time of the ExecutiveDirector's death and of which the Employer Bank is the designated beneficiary. Furthermore, notwithstanding the foregoing, or anything contained herein in this Agreement to the contrary, in the event the Executive Director takes any intentional action which prevents the Employer Bank from collecting the proceeds of any life insurance policy which the Employer Bank may happen to own at the time of the ExecutiveDirector's death and of which the Employer Bank is the designated beneficiary: (1) the ExecutiveDirector's estate or designated beneficiary shall no longer be entitled to receive any of the amounts payable under the terms of this Agreement, and (2) the Bank shall have the right to recover from Executivethe Director's estate all of the amounts paid to the ExecutiveDirector's estate (with respect to amounts paid prior to Executivethe Director's death or paid to Executivethe Director's estate) or designated beneficiary (with respect to amounts paid to the designated beneficiary) pursuant to the terms of this Agreement prior to and after ExecutiveDirector's death.

Applicable Percentage. The term "Applicable Percentage" shall mean that percentage listed on Schedule "A" attached hereto which is adjacent to the number of complete calendar years (with a "year" being which shall have elapsed from the performance of personal services for or on behalf date of the Employer for Director's commencement of service as a period member of 365 days) which have elapsed starting from the Effective Date Board of this Agreement Directors of the Bank and ending on the date payments are to first begin under the terms of this Agreement. Notwithstanding the foregoing or the percentages set forth on Schedule "A," ", but subject to all other terms and conditions set forth herein, the "Applicable Percentage" shall be: (i) provided payments have not yet begun hereunder, one hundred percent (100%) upon the Executiveoccurrence of a "Change in Control" as defined in subparagraph 1.4 below, or the Director's deathDisability (as defined in subparagraph 1.6 below); and (ii) notwithstanding subclause (i) of this Paragraphsubparagraph 1.2, zero percent (O%0%) in the event the Executive Director takes any intentional action which prevents the Employer Bank from collecting the proceeds of any life insurance policy which the Employer Bank may happen to own at the time of the ExecutiveDirector's death 2 and of which the Employer Bank is the designated beneficiary. Furthermore, notwithstanding the foregoing, or anything contained herein in this Agreement to the contrary, in the event the Executive Director takes any intentional action which prevents the Employer Bank from collecting the proceeds of any life insurance policy which the Employer Bank may happen to own at the time of the ExecutiveDirector's death and of which the Employer Bank is the designated beneficiary: (1) the ExecutiveDirector's estate or designated beneficiary shall no longer be entitled to receive any of the amounts amounts, if any, payable under the terms of this Agreement, and (2) the Bank shall have the right to recover from ExecutiveDirector's estate all of the amounts paid to the ExecutiveDirector's estate (with respect to amounts amounts, if any, paid prior to Executivethe Director's death or paid to Executivethe Director's estate) or designated beneficiary (with respect to amounts amounts, if any, paid to the designated beneficiary) pursuant to the terms of this Agreement prior to and after ExecutiveDirector's death.

Applicable Percentage. The term "Applicable Percentage" shall mean that percentage listed on Schedule "A" attached hereto which is adjacent to the number of complete calendar years (with a "year" being which shall have elapsed from the performance of personal services for or on behalf date of the Employer for a period Director's commencement of 365 days) which have elapsed starting from service to the Effective Date of this Agreement and ending on the date payments are to first begin under the terms of this AgreementBank. Notwithstanding the foregoing or the percentages set forth on Schedule "A," but subject to all other terms and term sand conditions set forth herein, the "Applicable Percentage" shall be: (i) provided payments have not yet begun hereunder, one hundred percent (100%) upon 100%)upon the Executiveoccurrence of a "Change in Control" as defined in subparagraph 1.4 below, or the Director's death, or Disability (as defined in subparagraph 1.7 below), which death or Disability occurs prior to the termination of the Director's service on the Board of Directors of the Bank; and (ii) notwithstanding subclause (i) of this Paragraphsubparagraph 1.2, zero percent (O%0%) in the event the Executive Director takes any intentional action which prevents the Employer Bank from collecting the proceeds of any life insurance policy which the Employer Bank may happen to own at the time of the ExecutiveSurrogate's death and of which the Employer Bank is the designated beneficiary. Furthermore, notwithstanding the foregoing, or anything contained herein in this Agreement to the contrary, in the event the Executive Director takes any intentional action which prevents the Employer Bank from collecting the proceeds of any life insurance policy which the Employer Bank may happen to own at the time of the ExecutiveSurrogate's death and of which the Employer Bank is the designated beneficiary: (1) the ExecutiveDirector's estate or designated beneficiary shall no longer be entitled to receive any of the amounts payable under the terms of this Agreement, and (2) the Bank shall have the right to recover from Executivethe Director's estate all of the amounts paid to the ExecutiveDirector's estate (with respect to amounts paid prior to Executivethe Surrogate's death or paid to Executivethe Director's estate) or designated beneficiary (with respect to amounts paid to the designated beneficiary) pursuant to the terms of this Agreement prior to and after ExecutiveSurrogate's death.

Applicable Percentage. The term "Applicable Percentage" shall mean that percentage listed on Schedule "A" attached hereto which is adjacent to the number of complete calendar years (with a "year" being which shall have elapsed from the performance of personal services for or on behalf date of the Employer for a period Executive's commencement of 365 days) which have elapsed starting from service to the Effective Date of this Agreement and ending on the date payments are to first begin under the terms of this AgreementEmployer. Notwithstanding the foregoing or the percentages set forth on Schedule "A," but subject to all other terms and conditions set forth herein, the "Applicable Percentage" shall be: (i) provided payments have not yet begun hereunder, one hundred percent (100%) upon the occurrence of a "Change in Control" as defined in subparagraph 1.4 below, or the Executive's death, or Disability (as defined in subparagraph 1.6 below), which death or Disability occurs prior to the termination of the Executive's employment by the Employer; and (ii) notwithstanding ii)notwithstanding subclause (i) of this Paragraphsubparagraph 1.2, zero percent (O%0%) in the event the Executive takes any intentional action which prevents the Employer from collecting the proceeds of any life insurance policy which the Employer may happen to own at the time of the Executive's death and of which the Employer is the designated beneficiary. Furthermore, notwithstanding the foregoing, or anything contained herein in this Agreement to the contrary, in the event the Executive takes any intentional action which prevents the Employer from collecting the proceeds of any life insurance policy which the Employer may happen to own at the time of the Executive's death and of which the Employer is the designated beneficiary: (1) the Executive's estate or designated beneficiary shall no longer be entitled to receive any of the amounts payable under the terms of this Agreement, and (2) the Bank Employer shall have the right to recover from the Executive's estate all of the amounts paid to the Executive's estate (with estate(with respect to amounts paid prior to the Executive's death or paid to the Executive's estate) or designated beneficiary (with respect to amounts paid to the designated beneficiary) pursuant to the terms of this Agreement prior to and after Executive's death.

Applicable Percentage. The term "Applicable Percentage" shall mean that percentage adjacent to a calendar period listed on Schedule "A" attached hereto hereto, which is adjacent to percentage shall remain in effect until an adjustment occurs on each succeeding calendar period during the number term of complete years (with a "year" being the performance of personal services for or on behalf of the Employer for a period of 365 days) which have elapsed starting from the Effective Date of this Agreement and ending on the date payments are to first begin under the terms of this Agreementemployment. Notwithstanding the foregoing or the percentages set forth on Schedule "A," but subject to all other terms and conditions set forth herein, the "Applicable Percentage" shall be: (i) provided payments have not yet begun hereunder, one hundred percent (100%) upon the occurrence of an event of termination described in subparagraph 5.4 pursuant to a "Change in Control" as defined in subparagraph 1.4 below, or the Executive's death, or Disability as defined in subparagraph 1.6 below, which death or Disability occurs prior to the termination of the Executive's employment by the Employer; and (ii) notwithstanding subclause (i) of this Paragraphsubparagraph 1.2, zero percent (O%0%) in the event the Executive takes any intentional action which prevents the Employer from collecting the proceeds of any life insurance policy which the Employer may happen to own at the time of the Executive's death and of which the Employer is the designated beneficiary. Furthermore, notwithstanding the foregoing, or anything contained herein in this Agreement to the contrary, in the event the Executive takes any intentional action which prevents the Employer from collecting the proceeds of any life insurance policy which the Employer may happen to own at the time of the Executive's death and of which the Employer is the designated beneficiary: (1) the Executive's estate or designated beneficiary shall no longer be entitled to receive any of the amounts payable under the terms of this Agreement, and (2) the Bank Employer shall have the right to recover from Executive's estate all of the amounts paid to the Executive's estate (with respect to amounts paid prior to Executive's death or paid to Executive's estate) or designated beneficiary (with respect to amounts paid to the designated beneficiary) pursuant to the terms of this Agreement prior to and after Executive's death.

Applicable Percentage. The term "Applicable Percentage" shall mean that percentage listed on Schedule "A" attached hereto which is adjacent to the number of complete calendar years (with a "year" being which shall have elapsed from the performance of personal services for or on behalf date of the Employer for a period Executive's commencement of 365 days) which have elapsed starting from service to the Effective Date of this Agreement and ending on the date payments are to first begin under the terms of this AgreementEmployer. Notwithstanding the foregoing or the percentages percentage set forth on Schedule "A," but subject to all other terms and conditions set forth herein, the "Applicable Percentage" shall be: (i) provided payments have not yet begun hereunder, one hundred percent (100%) upon the occurrence of a "Change in Control" as defined in subparagraph 1.4 below, or the Executive's death, or Disability (as defined in subparagraph 1.6 below); and (ii) notwithstanding subclause (i) of this Paragraphsubparagraph 1.2, zero percent (O%0%) in the event the Executive takes any intentional action which prevents the Employer from collecting the proceeds of any life insurance policy which the Employer may happen to own at the time of the Executive's death and of which the Employer is the designated beneficiary. Furthermore, notwithstanding the foregoing, or anything contained herein in this Agreement to the contrary, in the event the Executive takes any intentional action which prevents the Employer from collecting the proceeds of any life insurance policy which the Employer may happen to own at the time of the Executive's death and of which the Employer is the designated beneficiary: (1) the Executive's estate or designated beneficiary shall no longer be entitled to receive any of the amounts payable under the terms of this Agreement, and (2) the Bank Employer shall have the right to recover from the Executive's estate all of the amounts paid to the Executive's estate (with respect to amounts paid prior to the Executive's death or paid to the Executive's estate) or designated beneficiary (with respect to amounts paid to the designated beneficiary) pursuant to the terms of this Agreement prior to and after Executive's death.

Applicable Percentage. The term "Applicable Percentage" shall mean that percentage adjacent to a calendar period listed on Schedule "A" attached hereto hereto, which is adjacent to percentage shall remain in effect until an adjustment occurs on each succeeding calendar period during the number term of complete years (with a "year" being the performance of personal services for or on behalf of the Employer for a period of 365 days) which have elapsed starting from the Effective Date of this Agreement and ending on the date payments are to first begin under the terms of this Agreementemployment. Notwithstanding the foregoing or the percentages set forth on Schedule "A," but subject to all other terms and conditions set forth herein, the "Applicable Percentage" shall be: (i) provided payments have not yet begun hereunder, one hundred percent (100%) upon the occurrence of an event of termination described in subparagraph 5.4 pursuant to a "Change in Control" as defined in subparagraph 1.4 below, or the Executive's death, or Disability as defined in subparagraph 1.6 below, which death or Disability occurs prior to the termination of the Executive's employment by the Employer, or termination without cause; and (ii) notwithstanding subclause (i) of this Paragraphsubparagraph 1.2, zero percent (O%0%) in the event the Executive takes any intentional action which prevents the Employer from collecting the proceeds of any life insurance policy which the Employer may happen to own at the time of the Executive's death and of which the Employer is the designated beneficiary. Furthermore, notwithstanding the foregoing, or anything contained herein in this Agreement to the contrary, in the event the Executive takes any intentional action which prevents the Employer from collecting the proceeds of any life insurance policy which the Employer may happen to own at the time of the Executive's death and of which the Employer is the designated beneficiary: (1) the Executive's estate or designated beneficiary shall no longer be entitled to receive any of the amounts payable under the terms of this Agreement, and (2) the Bank Employer shall have the right to recover from the Executive's estate all of the amounts paid to the Executive's estate (with respect to amounts paid prior to the Executive's death or paid to the Executive's estate) or designated beneficiary (with respect to amounts paid to the designated beneficiary) pursuant to the terms of this Agreement prior to and after the Executive's death.