Common use of By the Executive Other than for Good Reason Clause in Contracts

By the Executive Other than for Good Reason. The Executive may terminate employment hereunder at any time upon ninety (90) days’ written notice to the Company. In the event of termination of the Executive’s employment pursuant to this Section 5.6, the CEO or the Board may elect to waive the period of notice or any portion thereof. The Company will pay the Executive the Base Salary for the notice period, except to the extent that the notice period is waived by the Board. Upon the giving of notice of termination of the Executive’s employment hereunder pursuant to this Section 5.6, the Company and its Affiliates shall have no further obligation or liability to the Executive, other than (i) payment to the Executive of the Base Salary for the period (or portion of such period) indicated above, (ii) continuation of the provision of the benefits set forth in Section 4.4 for the period (or portion of such period) indicated above, and (iii) any unpaid portion of any Bonus for the fiscal year preceding the year in which such termination occurs that was earned but has not been paid. The payments made under subsections (i) and (iii) hereof shall be made promptly following termination and in all events within thirty (30) days thereof (or at such earlier time as may be required by applicable law).

By the Executive Other than for Good Reason. The Executive may terminate employment hereunder at any time upon ninety (90) days’ written notice to the Company. In the event of termination of the Executive’s employment pursuant to this Section 5.6, the CEO or the Board may elect to waive the period of notice or any portion thereof. The Company will pay the Executive the Base Salary for the notice period, except to the extent that the notice period is waived by the Board. Upon the giving of notice of termination of the Executive’s employment hereunder pursuant to this Section 5.6, the Company and its Affiliates shall have no further obligation or liability to the Executive, other than (i) payment to the Executive of the Base Salary for the period (or portion of such period) indicated above, (ii) continuation of the provision of the benefits set forth in Section 4.4 for the period (or portion of such period) indicated above, and (iii) any unpaid portion of any Bonus for the fiscal year preceding the year in which such termination occurs that was earned but has not been paid; (iv) at the times the Company pays its executives bonuses generally, but no later than two and one half (2 1⁄2) months after the end of the fiscal year in which the Bonus is earned, an amount equal to that portion of any Bonus earned but unpaid during the fiscal year of such termination (prorated in accordance with Section 4.2), and (v) any vested, outstanding equity grants under the Stock Plan, in accordance with the terms thereof and any applicable award agreements. The payments made under subsections (i) and (iii) hereof shall be made promptly following termination and in all events within thirty (30) days thereof (or at such earlier time as may be required by applicable law).

By the Executive Other than for Good Reason. The Executive may ------------------------------------------- terminate his employment hereunder at any time upon ninety (90) days’ written ' notice to the Company. In the event of termination of the Executive’s employment Executive pursuant to this Section 5.6, the CEO or the Board may elect to waive the period of notice notice, or any portion thereof. The , and, whether or not the Board so elects, the Company will pay the Executive the his Base Salary for the notice period, except to the extent that the notice period is so waived by the BoardBoard (or for any remaining portion of such period). Upon the giving of notice of termination of the Executive’s 's employment hereunder pursuant to this Section 5.6, the Company and its Affiliates shall have no further obligation or liability to the Executive relating to the Executive's employment hereunder, or the termination thereof, other than (i) payment to the Executive of the his Base Salary for the period (or portion of such period) indicated above, (ii) continuation . Without limiting the generality of the provision of foregoing, the benefits set forth in Section 4.4 for the period (or portion of such period) indicated above, and (iii) any unpaid portion of Company shall have no further obligation to pay any Bonus amounts for any year(s) in the event of termination of employment pursuant to this Section 5.6. whether or not earned but unpaid in respect of a fiscal year preceding the year in which such termination occurs that was earned but has not been paid. The payments made under subsections (i) and (iii) hereof shall be made promptly following termination and in all events within thirty (30) days thereof (or at such earlier time as may be required by applicable law)occurs.