Common use of Early Expiration Upon Termination of Employment Clause in Contracts

Early Expiration Upon Termination of Employment. Any portion of ----------------------------------------------- the Option that was not vested and exercisable on the date the Optionee ceased to be an employee, officer or director of the Company or a Subsidiary shall expire and be forfeited on such date (after giving effect to the vesting provisions of paragraphs 2(b) and 2(c) above), and any portion of the Option that was vested and exercisable on the date the Optionee ceased to be an employee, officer or director of the Company or a Subsidiary shall also expire and be forfeited; provided that (i) if the Optionee dies or becomes subject to a Disability, the Option shall expire one year from the date of such death or Disability, but in no event after the Expiration Date, (ii) if the Optionee ceases to be an employee, officer or director of the Company or a Subsidiary due to Retirement, the portion of the Option that is vested and exercisable shall expire at the end of a period of up to three years from the date of such Retirement, but in each case in no event after the Expiration Date; provided that the participant does not engage in Competition during such three-year period unless she or he receives written consent to do so from the Board or the Committee, and (iii) if the Optionee is discharged other than for Cause, the portion of the Option that is vested and exercisable shall expire 90 days from the date of such discharge, but in no event after the Expiration Date; provided that the Optionee does not engage in Competition during such 90-day period unless he or she receives written consent to do so from the Board or the Committee. If the Optionee is discharged for Cause, all of the Option not previously exercised shall expire and be forfeited whether exercisable or not.

Early Expiration Upon Termination of Employment. Any portion of ----------------------------------------------- the Option that was not vested and exercisable on the date the Optionee ceased to be an employee, officer or director employee of the Company or a Subsidiary shall expire and be forfeited on such date (after giving effect to the vesting provisions of paragraphs 2(b) and 2(c) above), and any portion of the Option that was vested and exercisable on the date the Optionee ceased to be an employee, officer or director employee of the Company or a Subsidiary shall also expire and be forfeited; provided that (i) if the Optionee dies or becomes subject to a Disability, the Option shall expire one year from the date of such death or Disability, but in no event after the Expiration Date; provided that, notwithstanding the foregoing, if the Disability giving rise to the termination of employment is not a disability within the meaning of Section 22(e)(3) of the Code and the Option is not exercised by the Optionee within 90 days after the date of termination of employment, the Option will cease to qualify as Incentive Stock Option and will be treated as Nonqualified Stock Options under the Plan if required to be so treated under the Code, (ii) if the Optionee ceases to be an employee, officer or director employee of the Company or a Subsidiary due to Retirement, the portion of the Option that is vested and exercisable shall expire at the end of a period of up to three years from the date of such Retirement, but in each case in no event after the Expiration Date; provided that the participant does not engage in Competition during such three-year period unless she or he receives written consent to do so from the Board or the Committee, and (iii) if the Optionee is discharged other than for Cause, the portion of the Option that is vested and exercisable shall expire 90 days from the date of such discharge, but in no event after the Expiration Date; provided that the Optionee does not engage in Competition during such 90-day period unless he or she receives written consent to do so from the Board or the Committee. If the Optionee is discharged for Cause, all of the Option not previously exercised shall expire and be forfeited whether exercisable or not.

Early Expiration Upon Termination of Employment. Any portion of ----------------------------------------------- the Option Options that was were not vested and exercisable on the date the Optionee Participant ceased to be an employee, officer or director employee of the Company or a Subsidiary shall expire and be forfeited on such date (after giving effect to the vesting provisions of paragraphs paragraph 2(b) and 2(c) above), and any portion of the Option Options that was were vested and exercisable on the date the Optionee Participant ceased to be an employee, officer or director employee of the Company or a Subsidiary shall also expire and be forfeited; provided that (i) if the Optionee Participant dies or becomes subject to a Disabilitydisability, the Option Options shall expire one year from the date of such death or Disabilitydisability, but in no event after the Expiration Date; provided that, notwithstanding the foregoing, if the disability giving rise to the termination of employment is not a disability within the meaning of Section 22(e)(3) of the Code and the Options are not exercised by the Participant within 3 months after the date of termination of employment, the Options will cease to qualify as an Incentive Stock Option and will be treated as a Nonqualified Stock Option under the Plan if required to be so treated under the Code, (ii) if the Optionee Participant ceases to be an employee, officer or director employee of the Company or a Subsidiary due to Retirementretirement, the portion of the Option Options that is are vested and exercisable shall expire at the end of a period of up to three years from the date of such Retirementretirement, but in each case in no event after the Expiration Date; provided that if the participant does Options are not engage in Competition during such three-year period unless she or he receives written consent exercised by the Participant within 3 months after the date of retirement, the Options will cease to do qualify as Incentive Stock Options and will be treated as Nonqualified Stock Options under the Plan if required to be so from treated under the Board or the CommitteeCode, and (iii) if the Optionee Participant is discharged other than for Cause, the portion of the Option Options that is are vested and exercisable shall expire 90 days 3 months from the date of such discharge, but in no event after the Expiration Date; provided that the Optionee does not engage in Competition during such 90-day period unless he or she receives written consent to do so from the Board or the Committee. If the Optionee Participant is discharged for Cause, all of the Option Options not previously exercised shall expire and be forfeited whether exercisable or not.

Early Expiration Upon Termination of Employment. Any portion of ----------------------------------------------- the your Option that was not vested and exercisable on the date the Optionee ceased to be an employee, officer or director of your employment with the Company or a Subsidiary terminated shall expire and be forfeited on such date (after giving effect to the vesting provisions of paragraphs 2(b) and 2(c) above)date, and any portion of the your Option that was vested and exercisable on the date the Optionee ceased to be an employee, officer or director of your employment with the Company or a Subsidiary terminated shall also expire and be forfeited; provided that that: (i) if the Optionee dies you die or becomes become subject to a any Disability, the portion of your Option that is vested and exercisable shall expire one year 180 days from the date of such your death or Disability, but in no event after the Expiration Date, (ii) if you retire (with the Optionee ceases to be an employee, officer or director approval of the Company Committee or a Subsidiary due to Retirementthe Board), the portion of the Option that is vested and exercisable shall expire at the end of a period of up to three years from the date of such Retirement, but in each case in no event after the Expiration Date; provided that the participant does not engage in Competition during such three-year period unless she or he receives written consent to do so from the Board or the Committee, and (iii) if the Optionee is discharged other than for Cause, the portion of the your Option that is vested and exercisable shall expire 90 days from the date of such your retirement, but in no event after the Expiration Date, (iii) if you resign, the portion of your Option that is vested and exercisable shall expire 30 days from the date of your resignation, but in no event after the Expiration Date, and (iv) if you are discharged other than for Cause, the portion of your Option that is vested and exercisable shall expire 90 days from the date of your discharge, but in no event after the Expiration Date; provided . Notwithstanding the foregoing, any Option that is intended to be an incentive stock option (“ISO”) under Section 422 of the Code shall be exercisable only during such Participant’s employment by the Company, provided, however, that the Optionee does Committee may, in its discretion, provide at the time such ISO is granted that such ISO may be exercised for a period not engage in Competition during such 90-day period unless he or she receives written consent to do so from extend beyond the Board or earliest of (x) the Committee. If expiration of the Optionee is discharged for Cause, all term of the Option as determined in accordance with paragraph 2(a) or (y) the date that is three months after termination of such Participant’s employment. The Committee’s discretion to extend the period during which such ISO is exercisable shall only apply if and to the extent that (a) such Participant was entitled to exercise such ISO on the date of termination and (b) such ISO would not previously exercised shall expire and have expired had such Participant continued to be forfeited whether exercisable or notemployed by the Company.

Early Expiration Upon Termination of Employment. Any portion of ----------------------------------------------- the Option Options that was were not vested and exercisable on the date the Optionee Participant ceased to be an employee, officer or director employee of the Company or a Subsidiary Group shall expire and be forfeited on such date (after giving effect to the vesting provisions of paragraphs paragraph 2(b) and 2(c) above), and any portion of the Option Options that was were vested and exercisable on the date the Optionee Participant ceased to be an employee, officer or director employee of the Company or a Subsidiary Group shall also expire and be forfeited; provided that (i) if the Optionee Participant dies or becomes subject to a Disabilitydisability, the Option Options shall expire one year from the date of such death or Disabilitydisability, but in no event after the Expiration Date; provided that, notwithstanding the foregoing, if the disability giving rise to the termination of employment is not a disability within the meaning of Section 22(e)(3) of the Code and the Options are not exercised by the Participant within 3 months after the date of termination of employment, the Options will cease to qualify as an Incentive Stock Option and will be treated as a Nonqualified Stock Option under the Plan if required to be so treated under the Code, (ii) if the Optionee Participant ceases to be an employee, officer or director employee of the Company or a Subsidiary Group due to Retirementretirement, the portion of the Option Options that is are vested and exercisable shall expire at the end of a period of up to three years from the date of such Retirementretirement, but in each case in no event after the Expiration Date; provided that if the participant does Options are not engage in Competition during such three-year period unless she or he receives written consent exercised by the Participant within 3 months after the date of retirement, the Options will cease to do qualify as Incentive Stock Options and will be treated as Nonqualified Stock Options under the Plan if required to be so from treated under the Board or the CommitteeCode, and (iii) if the Optionee Participant is discharged other than for Cause, the portion of the Option Options that is are vested and exercisable shall expire 90 60 days from the date of such discharge, but in no event after the Expiration Date; provided that the Optionee does not engage in Competition during such 90-day period unless he or she receives written consent to do so from the Board or the Committee. If the Optionee Participant is discharged for Cause, all of the Option Options not previously exercised shall expire and be forfeited whether exercisable or not.