Common use of Disability; Death Clause in Contracts

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s death, then Executive will not be entitled to receive any other severance or other benefits, except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 41 contracts

Samples: Change of Control and Severance Agreement (Veracyte, Inc.), Change in Control and Severance Agreement (On Deck Capital, Inc.), Change of Control and Severance Agreement (Veracyte, Inc.)

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Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 40 contracts

Samples: Change of Control Severance Agreement (Rambus Inc), Employment Agreement (Otonomy, Inc.), Employment Agreement (Otonomy, Inc.)

Disability; Death. If the Company terminates the Executive’s employment as a result of the Executive’s Disability, or the Executive’s employment terminates due to Executive’s his or her death, then the Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 18 contracts

Samples: Employment Severance Agreement (Cost Plus Inc/Ca/), Employment Severance Agreement (Cost Plus Inc/Ca/), Employment Severance Agreement (Cost Plus Inc/Ca/)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s his or her death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company, including, without limitation, any Equity Award agreement.

Appears in 18 contracts

Samples: Change in Control Agreement (Maxlinear Inc), Change in Control Agreement (Senorx Inc), Change in Control Agreement (Integrated Silicon Solution Inc)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s his or her death, then Executive will shall not be entitled to receive any other severance or other benefits, benefits except for severance amounts paid to Executive prior to the date of such termination and except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices Benefit Plans or pursuant to other written agreements with the Company.

Appears in 16 contracts

Samples: Executive Employment Agreement (NeurogesX Inc), Executive Employment Agreement (NeurogesX Inc), Executive Employment Agreement (NeurogesX Inc)

Disability; Death. If the Company terminates the Executive’s employment as a result of the Executive’s Disability, or Executive’s employment terminates due to Executive’s death, then the Executive will shall not be entitled to receive any other severance pay or other benefits, except for those (if any) as may then be established benefits under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Companythis Agreement.

Appears in 12 contracts

Samples: Executive Severance Agreement (Sciclone Pharmaceuticals Inc), Executive Severance Agreement (Sciclone Pharmaceuticals Inc), Executive Severance Agreement (Sciclone Pharmaceuticals Inc)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with between Executive or the CompanyCompany or Parent, as applicable.

Appears in 12 contracts

Samples: Employment Agreement (Sarcos Technology & Robotics Corp), Employment Agreement (Sarcos Technology & Robotics Corp), Employment Agreement (Sarcos Technology & Robotics Corp)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s his or her death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those benefits (if any) which do not concern acceleration of Award vesting or severance pay based on termination of employment as may then be established under the Company’s then existing written severance and benefits plans and practices other Company policies or pursuant to other written agreements with the Companyprograms, if any.

Appears in 11 contracts

Samples: Change of Control Severance Agreement (Fortinet Inc), Change of Control Severance Agreement (Fortinet Inc), Change of Control Severance Agreement (Fortinet Inc)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s his or her death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company, including, without limitation, any Employment Agreement.

Appears in 11 contracts

Samples: Change of Control Severance Agreement (Infinera Corp), Change of Control Severance Agreement (Infinera Corp), Change of Control Severance Agreement (Infinera Corp)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s his death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company, including, without limitation, any Employment Agreement.

Appears in 11 contracts

Samples: Change of Control Severance Agreement (Evergreen Solar Inc), Change of Control Severance Agreement (Evergreen Solar Inc), Change of Control Severance Agreement (Evergreen Solar Inc)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s his or her death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 11 contracts

Samples: Change of Control and Severance Agreement (Cutera Inc), Change of Control and Severance Agreement (Cutera Inc), Executive Severance Agreement (Plantronics Inc /Ca/)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s DisabilityDisability where Executive is no longer willing or able to continue performing services for the Company, or Executive’s employment terminates due to Executive’s death, then Executive will not be entitled to receive any other severance or other benefits, benefits pursuant to this Agreement except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the CompanyAccrued Benefits.

Appears in 10 contracts

Samples: Change in Control and Severance Agreement (Cortexyme, Inc.), Control and Severance Agreement (Cortexyme, Inc.), Control and Severance Agreement (Cortexyme, Inc.)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s his death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 10 contracts

Samples: Change of Control and Severance Agreement (Thermage Inc), Change of Control Severance Agreement (Bluearc Corp), Change of Control Severance Agreement (Bluearc Corp)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s his or her death, then Executive will not be entitled to receive any other severance or other benefits, except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 9 contracts

Samples: Severance Agreement (Arista Networks, Inc.), Change of Control and Severance Agreement (Comscore, Inc.), Change of Control and Severance Agreement (Comscore, Inc.)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s his or her death, then Executive will shall not be entitled to receive any other severance or other benefits, benefits except for severance amounts paid to Executive prior to the date of such termination and except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices Benefits Plans or pursuant to other written agreements with the Company.

Appears in 8 contracts

Samples: Executive Employment Agreement (NeurogesX Inc), Executive Employment Agreement (NeurogesX Inc), Executive Employment Agreement (NeurogesX Inc)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates is terminated due to the death of Executive’s death, then Executive will shall not be entitled to receive any other severance payments or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance guidelines and benefits benefit plans and practices in effect at the time of such Disability or pursuant to other written agreements with the Companydeath.

Appears in 7 contracts

Samples: Executive Employment Agreement (Progress Software Corp /Ma), Executive Employment Agreement (Progress Software Corp /Ma), Executive Employment Agreement (Progress Software Corp /Ma)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company, if applicable.

Appears in 7 contracts

Samples: National Instruments Corporation (National Instruments Corp), Executive Employment Agreement (National Instruments Corp), Employment Agreement (National Instruments Corp)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s his or her death, then Executive will not be entitled to receive severance benefits and the sole obligation of the Company shall be to pay to Executive an amount equal to Executive’s base salary payable to the date of termination of employment and any other severance employee benefits earned and owed through the date of termination to Executive, Executive’s spouse, designated beneficiary, or other benefitsotherwise to the personal representative of Executive’s estate, except for those (if any) as the case may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Companybe.

Appears in 6 contracts

Samples: Change of Control Agreement (CareDx, Inc.), Employment and Severance Agreement (Fluidigm Corp), Change of Control Severance Agreement (Iridex Corp)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s his or her death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 6 contracts

Samples: Change of Control Severance Agreement (Catapult Communications Corp), Change of Control Severance Agreement (NetApp, Inc.), Control Severance Agreement (NetApp, Inc.)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s death, then Executive will not be entitled to receive any other severance or other benefitsbenefits under this Agreement, except for those (if any) accrued compensation as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Companyspecified in Section 4(d).

Appears in 6 contracts

Samples: Executive Severance Agreement (Invuity, Inc.), Executive Severance Agreement (Invuity, Inc.), Executive Severance Agreement (Invuity, Inc.)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the CompanyCompany (if any).

Appears in 6 contracts

Samples: Change of Control Severance Agreement (Quotient Technology Inc.), Change of Control Severance Agreement (Quotient Technology Inc.), Change of Control Severance Agreement (Quotient Technology Inc.)

Disability; Death. If the Company terminates Executive’s 's employment as a result of Executive’s 's Disability, or Executive’s 's employment terminates due to Executive’s his or her death, then Executive will shall not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s 's then existing written severance and benefits plans and practices Benefits Plans or pursuant to other written agreements with the Company.

Appears in 6 contracts

Samples: Executive Employment Agreement (Cytokinetics Inc), Executive Employment Agreement (Cytokinetics Inc), Executive Employment Agreement (Cytokinetics Inc)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company, including, without limitation, any Employment Agreement.

Appears in 6 contracts

Samples: Severance and Change in Control Agreement (Ameriquest, Inc.), Change of Control Severance Agreement (Xactly Corp), Change of Control Severance Agreement (Xactly Corp)

Disability; Death. If Executive's employment with the Company terminates Executive’s employment as a result of the Executive’s 's Disability, or if Executive’s 's employment terminates is terminated due to the death of the Executive’s death, then the Executive will shall not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s 's then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 6 contracts

Samples: Management Retention Agreement (Pc Tel Inc), Management Retention Agreement (Pc Tel Inc), Management Retention Agreement (Pc Tel Inc)

Disability; Death. If the Company terminates the Executive’s employment as a result of the Executive’s Disability, Disability or if the Executive’s employment terminates due to the death of the Executive’s death, then the Executive will shall not be entitled to receive any other severance or other benefitsbenefits pursuant to this Agreement. However, except Executive shall remain eligible for those other benefits (if any) as may then be established available under the Company’s then existing written severance and benefits plans and practices policies or pursuant to other written agreements with required by law at the Companytime of Executive’s termination or death.

Appears in 6 contracts

Samples: Severance Agreement (Phoenix Technologies LTD), Severance Agreement (Phoenix Technologies LTD), Severance Agreement (Phoenix Technologies LTD)

Disability; Death. If If, at any time prior to or after a Change in Control, the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s his or her death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company, including, without limitation, any Equity Award agreement.

Appears in 5 contracts

Samples: Change in Control Agreement (Marrone Bio Innovations Inc), Change in Control Agreement (Marrone Bio Innovations Inc), Change in Control Agreement (Marrone Bio Innovations Inc)

Disability; Death. If the Executive’s employment with the Company terminates Executive’s employment as a result of the Executive’s Disability, or if the Executive’s employment terminates is terminated due to the death of the Executive, then the Executive or the Executive’s death, then Executive will estate shall not be entitled to receive any other severance or other benefitsbenefits pursuant to this Agreement. In such event, except for those (if any) the Executive or the Executive’s estate shall receive all earned but unpaid compensation as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Companyrequired by law.

Appears in 5 contracts

Samples: Change of Control Severance Agreement (Spansion Inc.), Control Severance Agreement (Spansion Inc.), Change of Control Severance Agreement (Spansion Inc.)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s DisabilityDisability (as defined herein), or Executive’s employment terminates due to Executive’s his or her death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those benefits (if any) which do not concern acceleration of Award vesting or severance pay based on termination of employment as may then be established under the Company’s then existing written severance and benefits plans and practices other Company policies or pursuant to other written agreements with the Companyprograms, if any.

Appears in 5 contracts

Samples: Change of Control Severance Agreement (Fortinet, Inc.), Change of Control Severance Agreement (Fortinet, Inc.), Change of Control Severance Agreement (Fortinet, Inc.)

Disability; Death. If Executive's employment with the Company terminates Executive’s employment as a result of Executive’s 's Disability, or if Executive’s 's employment terminates is terminated due to the death of Executive’s death, then Executive will shall not be entitled to receive any other severance or other benefits, except for those (those, if any) , as may then be established under the Company’s 's then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 4 contracts

Samples: Management Retention Agreement (Stratos Lightwave Inc), Management Retention Agreement (Stratos Lightwave Inc), Management Retention Agreement (Stratos Lightwave Inc)

Disability; Death. If the Executive’s employment with the Company terminates Executive’s employment as a result of the Executive’s Disability, or if the Executive’s employment terminates is terminated due to the death of the Executive’s death, then the Executive will shall not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 4 contracts

Samples: Management Retention Agreement (3PAR Inc.), Management Retention Agreement (3PAR Inc.), Management Retention Agreement (3PAR Inc.)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s his or her death, then Executive will not be entitled to receive any other severance or other benefits, except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices Benefits Plans or pursuant to other written agreements with the Company.

Appears in 4 contracts

Samples: Executive Employment Agreement (Cytokinetics Inc), Executive Employment Agreement (Cytokinetics Inc), Executive Employment Agreement (Cytokinetics Inc)

Disability; Death. If the Company terminates the Executive’s 's employment as a result of the Executive’s 's Disability, or the Executive’s 's employment terminates due to Executive’s his or her death, then the Executive will shall not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then 's then-existing written severance and benefits plans and practices or pursuant to his or her Employment Agreement or other written agreements agreements, if any, with the Company.

Appears in 4 contracts

Samples: Control Severance Agreement (Indus International Inc), Control Severance Agreement (Indus International Inc), Control Severance Agreement (Indus International Inc)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disabilitydisability, or Executive’s employment terminates due to Executive’s his death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then then-existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 3 contracts

Samples: Severance Agreement (Intevac Inc), Severance Agreement (Intevac Inc), Severance Agreement (Intevac Inc)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s DisabilityDisability where Executive is no longer willing or able to continuing performing services for the Company, or Executive’s employment terminates due to Executive’s his death, then Executive will not be entitled to receive any other severance or other benefits, benefits pursuant to this Agreement except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the CompanyAccrued Benefits.

Appears in 3 contracts

Samples: Control and Severance Agreement (Ooma Inc), Control and Severance Agreement (Ooma Inc), Severance and Change in Control Agreement (Silver Bay Realty Trust Corp.)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s his death, then Executive will not be entitled to receive any other severance or other benefits, except for (i) Accrued Items, and (ii) those severance or other benefits (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 3 contracts

Samples: Executive Employment Agreement (Comscore, Inc.), Severance Agreement (Comscore, Inc.), Severance Agreement (Comscore, Inc.)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s his or her death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company, including, without limitation, any equity award agreement.

Appears in 3 contracts

Samples: Change of Control Severance Agreement (Foundry Networks Inc), Change of Control Severance Agreement (Outdoor Channel Holdings Inc), Change of Control Severance Agreement (Outdoor Channel Holdings Inc)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s DisabilityDisability (as defined herein), or Executive’s employment terminates due to Executive’s his or her death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company, including, without limitation, any Employment Agreement.

Appears in 3 contracts

Samples: Change of Control Severance Agreement (Carrier Access Corp), Change of Control Severance Agreement (Carrier Access Corp), Change of Control Severance Agreement (Carrier Access Corp)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s his or her death, then Executive will shall not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices Benefits Plans or pursuant to other written agreements with the Company.

Appears in 3 contracts

Samples: Executive Employment Agreement (Cytokinetics Inc), Executive Employment Agreement (Cytokinetics Inc), Executive Employment Agreement (Cytokinetics Inc)

Disability; Death. If the Company terminates Executive’s 's employment as a result of Executive’s 's Disability, or Executive’s 's employment terminates due to Executive’s his death, then Executive will not Executive, or Executive's estate as the case may be, shall be entitled to receive any other severance or other benefits, except for those (if any) benefits as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Companyprovided in Section 3(a).

Appears in 2 contracts

Samples: Severance Agreement (Cet Services Inc), Severance Agreement (Cet Services Inc)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s her death, then Executive will not be entitled to receive any other severance or other benefits, except for (i) Accrued Items, and (ii) those severance or other benefits (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 2 contracts

Samples: Executive Employment Agreement (Comscore, Inc.), Severance Agreement (Comscore, Inc.)

Disability; Death. If Executive's employment with the Company terminates Executive’s employment as a result of Executive’s 's Disability, or if Executive’s 's employment terminates is terminated due to the death of Executive’s death, then Executive will shall not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s 's then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 2 contracts

Samples: Management Retention Agreement (Pc Tel Inc), Management Retention Agreement (Pc Tel Inc)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s his or her death, then Executive will shall not be entitled to receive any other severance or other benefits, benefits except for those (if any) provided for in an Employment Agreement or as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 2 contracts

Samples: Change of Control Severance Agreement (Inter Tel Inc), Change of Control Severance Agreement (Inter Tel Inc)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Companypractices.

Appears in 2 contracts

Samples: Change of Control and Severance Agreement (iRhythm Technologies, Inc.), Change of Control and Severance Agreement (iRhythm Technologies, Inc.)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s his death, then Executive will not be entitled to receive any severance and other severance or other benefitsbenefits as defined herein, except for including those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the CompanyExecutive.

Appears in 2 contracts

Samples: Employment Agreement (Diligent Capital Holdings, Inc.), Employment Agreement (Diligent Capital Holdings, Inc.)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s DisabilityDisability (as defined herein), or Executive’s employment terminates due to Executive’s his or her death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company, including, without limitation, any Employment Agreement or Equity Award agreements.

Appears in 2 contracts

Samples: Change of Control Severance Agreement (Occam Networks Inc/De), Change of Control Severance Agreement (Occam Networks Inc/De)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s his or her death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company. Executive will receive all accrued but unpaid PTO, FH, expense reimbursements, and wages as required by law.

Appears in 2 contracts

Samples: Change of Control and Severance Agreement (Solta Medical Inc), Control and Severance Agreement (Solta Medical Inc)

Disability; Death. If the Company terminates ExecutiveEmployee’s employment as a result of ExecutiveEmployee’s Disabilitydisability, or Executive’s employment terminates due to Executive’s his or her death, then Executive will shall not be entitled to receive any other severance or other benefits, benefits except for those (that have been earned but not yet paid under this agreement and for those, if any) , as may then be established under the Company’s then existing written severance and benefits benefit plans and practices or pursuant to other written agreements with the Company.

Appears in 2 contracts

Samples: Change of Control and Severance Agreement (Vivus Inc), Change of Control and Severance Agreement (Vivus Inc)

Disability; Death. If the Company terminates Executive’s employment terminates as a result of Executive’s death or Disability, or Executive’s employment terminates due to Executive’s death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with between Executive or the CompanyCompany or Parent, as applicable.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Sarcos Technology & Robotics Corp), Employment Agreement (Sarcos Technology & Robotics Corp)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s death, then Executive will not be entitled to receive any other severance or other benefits, except for the Accrued Compensation and those severance or other benefits (if any) as may then be established under the Company’s then then-existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 2 contracts

Samples: Change in Control and Severance Agreement (A10 Networks, Inc.), Control and Severance Agreement (A10 Networks, Inc.)

Disability; Death. If Executive’s employment with the Company terminates Executive’s employment as a result of the Executive’s Disability, or if Executive’s employment terminates is terminated due to the death of the Executive’s death, then the Executive will shall not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 2 contracts

Samples: Management Retention Agreement (Pc Tel Inc), Management Retention Agreement (Smith Micro Software Inc)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s his or her death, then Executive will not be entitled to receive any other severance or other benefits, except for (i) Accrued Items, and (ii) those severance or other benefits (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 2 contracts

Samples: Change of Control and Severance Agreement (Comscore, Inc.), Change of Control and Severance Agreement (Comscore, Inc.)

Disability; Death. If the Company terminates ExecutiveEmployee’s employment as a result of ExecutiveEmployee’s Disabilitydisability, or Executive’s employment terminates due to Executive’s his or her death, then Executive will shall not be entitled to receive any other severance or other benefits, benefits except for those (that have been earned but not yet paid under this agreement and those, if any) , as may then be established under the Company’s then existing written severance and benefits benefit plans and practices or pursuant to other written agreements with the Company.

Appears in 2 contracts

Samples: Change of Control and Severance Agreement (Vivus Inc), Change of Control and Severance Agreement (Vivus Inc)

Disability; Death. If the Company terminates the Executive’s 's employment as a result of the Executive’s Disability, 's Disability or if the Executive’s 's employment terminates due to the death of the Executive’s death, then the Executive will shall not be entitled to receive any other severance or other benefitsbenefits pursuant to this Agreement. However, except Executive shall remain eligible for those severance and other benefits (if any) as may then be established available under the Company’s 's then existing written severance and benefits plans and practices or pursuant to other written agreements with policies at the Companytime of death.

Appears in 2 contracts

Samples: Severance Agreement (Metacreations Corp), Severance Agreement (Metacreations Corp)

Disability; Death. If the Company terminates the Executive’s employment as a result of the Executive’s Disability, or the Executive’s employment terminates due to the Executive’s death, then the Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 1 contract

Samples: Change of Control and Severance Agreement (BioCardia, Inc.)

Disability; Death. If the Company terminates the Executive’s employment as a result of the Executive’s Disability, or the Executive’s employment terminates is terminated due to the death of the Executive’s death, then the Executive will shall not be entitled to receive any other severance payments or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance guidelines and benefits benefit plans and practices in effect at the time of such Disability or pursuant to other written agreements with the Companydeath.

Appears in 1 contract

Samples: Executive Employment Agreement (Digital River Inc /De)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s his or her death, then Executive will not be entitled to receive any other severance or other benefits, except for (i) those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company, and (ii) the Extended Post-Termination Exercise Period set forth in Section 3(a)(iii) above.

Appears in 1 contract

Samples: Severance Agreement (Audience Inc)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s DisabilityDisability where Executive is no longer willing or able to continue performing services for the Company, or Executive’s employment terminates due to Executive’s his death, then Executive will not be entitled to receive any other severance or other benefits, benefits pursuant to this Agreement except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the CompanyAccrued Benefits.

Appears in 1 contract

Samples: Change in Control Severance Agreement (Beyond Meat, Inc.)

Disability; Death. If (i) the Company terminates Executive’s employment as a result of Executive’s Disability, Disability or (ii) Executive’s employment terminates due to Executive’s death, then 100% of Executive’s then-unvested Equity Awards will immediately vest and, if applicable become exercisable, and Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with between Executive or the CompanyCompany or Parent, as applicable.

Appears in 1 contract

Samples: Employment Agreement (Sarcos Technology & Robotics Corp)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s his death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Companypractices.

Appears in 1 contract

Samples: Control and Severance Agreement (InvenSense Inc)

Disability; Death. If the Executive’s employment with the Company terminates Executive’s employment as a result of the Executive’s Disability, or if Executive’s employment terminates is terminated due to the death of the Executive’s death, then the Executive will shall not be entitled to receive any other severance or other benefits, except for benefits under this Agreement and shall only be eligible to receive those severance or other benefits (if any) as may then be established under the Company’s then existing written and applicable severance and benefits and/or benefit plans and practices or pursuant to other written agreements with the Company.

Appears in 1 contract

Samples: Management Retention Agreement (3com Corp)

Disability; Death. If the Company terminates the Executive’s 's employment as a result of the Executive’s Disability, 's Disability or if the Executive’s 's employment terminates due to the death of the Executive’s death, then the Executive will shall not be entitled to receive any other severance or other benefitsbenefits pursuant to this Agreement, except he shall be entitled to receive the benefit of the stock options vested at that time. However, Executive shall remain eligible for those severance and other benefits (if any) as may then be established available under the Company’s 's then existing written severance and benefits plans and practices policies at the time of Executive's termination or pursuant to other written agreements with the Companydeath.

Appears in 1 contract

Samples: Severance Agreement (Phoenix Technologies LTD)

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Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disabilitydisability, or Executive’s employment terminates due to Executive’s his or her death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 1 contract

Samples: Change in Control Severance Agreement (E2open Inc)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s his death, then Executive will not be entitled to receive severance benefits and the sole obligation of the Company shall be to pay to Executive an amount equal to Executive’s base salary payable to the date of termination of employment and any other severance employee benefits earned and owed through the date of termination to Executive, Executive’s spouse, designated beneficiary, or other benefitsotherwise to the personal representative of Executive’s estate, except for those (if any) as the case may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Companybe.

Appears in 1 contract

Samples: Employment and Severance Agreement (Fluidigm Corp)

Disability; Death. If the Company terminates Executive’s 's employment as a result of Executive’s 's Disability, or Executive’s 's employment terminates due to Executive’s his or her death, then Executive will shall not be entitled to receive any other severance or other benefits, benefits except for those (if any) provided for in the Employment Agreement or as may then be established under the Company’s 's then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 1 contract

Samples: Control Severance Agreement (Solectron Corp)

Disability; Death. If the Company terminates the Executive’s employment as a result of the Executive’s Disability, or such Executive’s employment terminates is terminated due to the death of the Executive’s death, then the Executive will shall not be entitled to receive any other severance payments or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance guidelines and benefits benefit plans and practices at the time of such Disability or pursuant to other written agreements with the Companydeath.

Appears in 1 contract

Samples: Severance Agreement (Progress Software Corp /Ma)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then that all of Executive’s outstanding unvested Company Equity Awards shall be established under the Companydeemed fully vested upon Executive’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Companytermination of employment.

Appears in 1 contract

Samples: Executive Employment Agreement (Savara Inc)

Disability; Death. If the Executive's employment with the Company terminates Executive’s employment as a result of the Executive’s 's Disability, or if Executive’s 's employment terminates is terminated due to the death of the Executive’s death, then the Executive will shall not be entitled to receive any other severance or other benefits, except for benefits under this Agreement and shall only be eligible to receive those severance or other benefits (if any) as may then be established under the Company’s 's then existing written and applicable severance and benefits and/or benefit plans and practices or pursuant to other written agreements with the Company.

Appears in 1 contract

Samples: Management Retention Agreement (3com Corp)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s his/her death, then Executive will not be entitled to receive severance benefits and the sole obligation of the Company shall be to pay to Executive an amount equal to Executive’s base salary payable to the date of termination of employment and any other severance employee benefits earned and owed through the date of termination to Executive, Executive’s spouse, designated beneficiary, or other benefitsotherwise to the personal representative of Executive’s estate, except for those (if any) as the case may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Companybe.

Appears in 1 contract

Samples: Employment and Severance Agreement (Fluidigm Corp)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 1 contract

Samples: Employment Agreement (Plantronics Inc /Ca/)

Disability; Death. If the Company terminates the Executive’s 's ----------------- employment as a result of the Executive’s 's Disability, or such Executive’s 's employment terminates is terminated due to the death of the Executive’s death, then the Executive will shall not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s 's then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 1 contract

Samples: Control Severance Agreement (Heartstream Inc/De)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s his or her death, then Executive will not be entitled to receive any other severance or other benefits, except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.. (e)

Appears in 1 contract

Samples: Severance Agreement (Arista Networks, Inc.)

Disability; Death. If the Company terminates Executive’s 's employment as a result of Executive’s 's Disability, or Executive’s 's employment terminates due to Executive’s his or her death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s 's then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 1 contract

Samples: Change of Control Severance Agreement (Plantronics Inc /Ca/)

Disability; Death. If the Company terminates Executive’s 's employment as a result of Executive’s 's Disability, or Executive’s 's employment terminates due to Executive’s his death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s 's then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 1 contract

Samples: Change in Control Severance Agreement (Riverbed Technology, Inc.)

Disability; Death. If the Company terminates Executive’s 's employment as a result of Executive’s 's Disability, or Executive’s 's employment terminates due to Executive’s 's death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s 's then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 1 contract

Samples: Change of Control Severance Agreement (Analog Devices Inc)

Disability; Death. If the Company terminates Executive’s 's employment as a result of Executive’s 's Disability, or Executive’s 's employment terminates due to Executive’s 's death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s 's then existing written severance and benefits plans and practices or pursuant to other written agreements with the CompanyCompany (if any).

Appears in 1 contract

Samples: Change of Control Severance Agreement (Quotient Technology Inc.)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s death, then Executive will irrevocably forfeit the benefits under this Agreement and will not be entitled to receive any other the severance or other benefitsbenefits hereunder other than the Accrued Compensation. Notwithstanding any other provision in any applicable equity compensation plan and/or individual award agreement, except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices following provisions shall apply with respect to grants of equity compensation upon death or pursuant termination due to other written agreements with the Company.Disability:

Appears in 1 contract

Samples: Change in Control and Severance Agreement (TopBuild Corp)

Disability; Death. If the Company terminates Executive’s 's employment before the Separation Date as a result of the Executive’s Disability, 's Disability or if the Executive’s 's employment terminates due to the death of the Executive’s death, then the Executive will shall not be entitled to receive any other severance or other benefitsbenefits pursuant to this Agreement. However, except Executive shall remain eligible for those severance and other benefits (if any) as may then be established available under the Company’s 's then existing written severance and benefits plans and practices policies at the time of Executive's termination or pursuant to other written agreements with the Companydeath.

Appears in 1 contract

Samples: Severance Agreement (Phoenix Technologies LTD)

Disability; Death. If the Company terminates Executive’s 's employment as a result of Executive’s Disability, 's Disability or if Executive’s 's employment terminates due to the death of Executive’s death, then Executive will shall not be entitled to receive any other severance or other benefitsbenefits pursuant to this Agreement. However, except Executive shall remain eligible for those severance and other benefits (if any) as may then be established available under the Company’s 's then existing written severance and benefits plans and practices or pursuant to other written agreements with policies at the Companytime of death.

Appears in 1 contract

Samples: Employment Agreement (Metacreations Corp)

Disability; Death. If the Employee's employment with the Company ----------------- terminates Executive’s employment as a result of the Executive’s 's Disability, or if Executive’s 's employment terminates is terminated due to the death of the Executive’s death, then the Executive will shall not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s 's then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 1 contract

Samples: Management Retention Agreement (Pc Tel Inc)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s his death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company, including, without limitation, any Equity Award agreement.

Appears in 1 contract

Samples: Control and Severance Agreement (InvenSense Inc)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s his death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company. Executive will receive all accrued but unpaid PTO, FH, expense reimbursements, and wages as required by law.

Appears in 1 contract

Samples: Change of Control and Severance Agreement (Solta Medical Inc)

Disability; Death. If Executive’s employment with the Company terminates Executive’s employment as a result of Executive’s Disability, or if Executive’s employment terminates is terminated due to the death of Executive’s death, then Executive will shall not be entitled to receive any other severance or other benefits, benefits except for those benefits (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 1 contract

Samples: Management Retention Agreement (Pc Tel Inc)

Disability; Death. If the Company terminates the Executive’s 's ----------------- employment as a result of the Executive’s Disability, 's Disability or if the Executive’s 's employment terminates due to the death of the Executive’s death, then the Executive will shall not be entitled to receive any other severance or other benefitsbenefits pursuant to this Agreement. However, except Executive shall remain eligible for those severance and other benefits (if any) as may then be established available under the Company’s 's then existing written severance and benefits benefit plans and practices policies at the time of Executive's termination or pursuant to other written agreements with the Companydeath.

Appears in 1 contract

Samples: Severance Agreement (Phoenix Technologies LTD)

Disability; Death. If the Executive's employment with the Company terminates Executive’s employment as a result of the Executive’s 's Disability, or if Executive’s 's employment terminates is terminated due to the death of the Executive’s death, then the Executive will shall not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s 's then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 1 contract

Samples: Management Retention Agreement (Pc Tel Inc)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates is terminated due to the death of Executive’s death, then Executive will shall not be entitled to receive any other severance payments or other benefits, benefits except for the Mandatory Payments and those (if any) as may then be established under the Company’s then existing written severance guidelines and benefits benefit plans and practices in effect at the time of such Disability or pursuant to other written agreements with the Companydeath.

Appears in 1 contract

Samples: Form of Executive Severance Agreement (Progress Software Corp /Ma)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s his or her death, then Executive will not be entitled to receive any other severance or other benefits, except for those (if any) as may Exhibit 10.4 then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 1 contract

Samples: Severance Agreement (Arista Networks, Inc.)

Disability; Death. If the Executive’s employment with the Company terminates Executive’s employment as a result of the Executive’s Disability, or if the Executive’s employment terminates is terminated due to the death of the Executive’s death, then the Executive will shall not be entitled to receive any other severance or other benefits, except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Companythis Agreement.

Appears in 1 contract

Samples: Change of Control Severance Agreement (Spansion Inc.)

Disability; Death. If the Company terminates the Executive’s employment as a result of the Executive’s Disability, Disability or if the Executive’s employment terminates due to the death of the Executive’s death, then the Executive will shall not be entitled to receive any other severance or other benefitsbenefits pursuant to this Agreement. However, except Executive shall remain eligible for those severance and other benefits (if any) as may then be established available under the Company’s then existing written severance and benefits benefit plans and practices policies at the time of Executive’s termination or pursuant to other written agreements with the Companydeath.

Appears in 1 contract

Samples: Severance Agreement (Phoenix Technologies LTD)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s his or her death, then Executive will not be entitled to receive any other severance or other benefits, except for those (if any) as may Exhibit 10.2 then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 1 contract

Samples: Severance Agreement (Arista Networks, Inc.)

Disability; Death. If the Company terminates ExecutiveExecutive ’s employment as a result of ExecutiveExecutive ’s Disability, or Executive’s employment terminates due to Executive’s death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the CompanyCompany (if any).

Appears in 1 contract

Samples: Change of Control Severance Agreement (Quotient Technology Inc.)

Disability; Death. If Executive’s employment with the Company terminates Executive’s employment as a result of Executive’s Disability, or if Executive’s employment terminates is terminated due to the death of Executive’s death, then Executive will shall not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 1 contract

Samples: Management Retention Agreement (Pc Tel Inc)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s deathdeath , then Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans plan s and practices or pursuant to other written agreements with the CompanyCompany (if any).

Appears in 1 contract

Samples: Change of Control Severance Agreement (Quotient Technology Inc.)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s his or her death, then Executive will not be entitled to receive any other severance pay or other benefits, except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Companythis Agreement.

Appears in 1 contract

Samples: Change in Control Agreement (Amber Road, Inc.)

Disability; Death. If the Company terminates the Executive’s 's employment as a ----------------- result of the Executive’s Disability, 's Disability or if the Executive’s 's employment terminates due to the death of the Executive’s death, then the Executive will shall not be entitled to receive any other severance or other benefitsbenefits pursuant to this Agreement. However, except Executive shall remain eligible for those severance and other benefits (if any) as may then be established available under the Company’s 's then existing written severance and benefits benefit plans and practices policies at the time of Executive's termination or pursuant to other written agreements with the Companydeath.

Appears in 1 contract

Samples: Severance Agreement (Phoenix Technologies LTD)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s 's Disability, or Executive’s employment terminates due to Executive’s death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the CompanyCompany (if any).

Appears in 1 contract

Samples: Change of Control Severance Agreement (Quotient Technology Inc.)

Disability; Death. If the Company terminates the Executive’s employment as a result of the Executive’s Disability, or the Executive’s employment terminates due to Executive’s his or her death, then the Executive will shall not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then then-existing written severance and benefits plans and practices or pursuant to his or her Employment Agreement or other written agreements agreements, if any, with the Company.

Appears in 1 contract

Samples: Change of Control Severance Agreement (Indus International Inc)

Disability; Death. If f the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s his or her death, then Executive will shall not be entitled to receive any other severance or other benefits, benefits except for severance amounts paid to Executive prior to the date of such termination and except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices Benefit Plans or pursuant to other written agreements with the Company.

Appears in 1 contract

Samples: Executive Employment Agreement (NeurogesX Inc)

Disability; Death. If the Company terminates Executive’s 's employment as a result of Executive’s 's Disability, or Executive’s 's employment terminates due to Executive’s his or her death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s 's then existing written severance and benefits plans and practices practices, its applicable Incentive Stock Plan or pursuant to other written agreements with the Company.

Appears in 1 contract

Samples: Change of Control Severance Agreement (BofI Holding, Inc.)

Disability; Death. If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s 's employment terminates due to Executive’s death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the CompanyCompany (if any).

Appears in 1 contract

Samples: Change of Control Severance Agreement (Quotient Technology Inc.)

Disability; Death. If lf the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s his death, then Executive will not be entitled to receive any other severance or other benefits, benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 1 contract

Samples: Change in Control Severance Agreement (Riverbed Technology, Inc.)

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