Common use of Non-Extension Clause in Contracts

Non-Extension. If (A) the Initial Term is not extended for the Extended Term as a result of the failure to achieve the EBITDA 2-Year Target or if (B) the Initial Term is extended for the Extended Term pursuant to Section 1.2 and, upon the expiration of such Extended Term, the Company shall fail to offer employment to the Employee in the same position and with the same salary then in effect under Section 3.1 and participation in the Executive Bonus Plan on the same terms then in effect for an additional period of one year, in either case, the Company shall, except as provided in Section 9(c), (a) continue to pay to the Employee the salary then in effect under Section 3.1 for one year from the date of expiration of the Extended Term, (b) pay to the Employee the Average Bonus in equal monthly installments over such one year period (the amounts set forth in clauses (a) and (b), the "Section 6.5 Amount") and (c) provide the Employee with the same Benefits then in effect under Section 5 for such one year period. The Employee shall not be required to seek subsequent employment. Rights and benefits of the Employee (a) with respect to the Options or the Bonus Options shall be determined in accordance with Section 3.3(b) or the Executive Bonus Plan, as applicable and (b) subject to this Section 6.5, under the benefit plans and programs of the Company shall be determined in accordance with the provisions of such plans and programs. Neither the Employee nor the Company shall have any further rights or obligations under this Agreement, except as provided in Sections 7, 8, 9 and 10.

Non-Extension. If (A) the Initial Term is not extended for the Extended Term as a result of the failure to achieve the EBITDA 2-Year Target or if (B) the Initial Term is extended for the Extended Term pursuant to Section 1.2 and, upon the expiration of such Extended Term, the Company shall fail to offer employment to the Employee in the same position and with the same salary then in effect under Section 3.1 and participation in the Executive Bonus 9 Plan on the same terms then in effect for an additional period of one year, in either case, the Company shall, except as provided in Section 9(c), (a) continue to pay to the Employee the salary then in effect under Section 3.1 for one year from the date of expiration of the Extended Term, (b) pay to the Employee the Average Bonus in equal monthly installments over such one year period (the amounts set forth in clauses (a) and (b), the "Section 6.5 Amount") and (c) provide the Employee with the same Benefits then in effect under Section 5 for such one year period. The Employee shall not be required to seek subsequent employment. Rights and benefits of the Employee (a) with respect to the Options or the Bonus Options shall be determined in accordance with Section 3.3(b) or the Executive Bonus Plan, as applicable and (b) subject to this Section 6.5, under the benefit plans and programs of the Company shall be determined in accordance with the provisions of such plans and programs. Neither the Employee nor the Company shall have any further rights or obligations under this Agreement, except as provided in Sections 7, 8, 9 and 10.

Non-Extension. If (A) the Initial Term is not extended for the Extended Term as a result of the failure to achieve the EBITDA 2-Year Target or if (B) the Initial Term is extended for the Extended Term pursuant to Section 1.2 and, upon the expiration of such Extended Term, the Company shall fail to offer employment to the Employee in the same position and with the same salary then in effect under Section 3.1 and participation in the Executive Bonus Plan on the same terms then in effect for an additional period of one year, in either case, the Company shall, except as provided in Section 9(c), (a) continue to pay to the Employee the salary then in effect under Section 3.1 for one year from the date of expiration of the Extended Term, (b) pay to the Employee the Average Bonus in equal monthly installments over such one year period (the amounts set 9 forth in clauses (a) and (b), the "Section 6.5 Amount") and (c) provide the Employee with the same Benefits then in effect under Section 5 for such one year period. The Employee shall not be required to seek subsequent employment. Rights and benefits of the Employee (a) with respect to the Options or the Bonus Options shall be determined in accordance with Section 3.3(b) or the Executive Bonus Plan, as applicable and (b) subject to this Section 6.5, under the benefit plans and programs of the Company shall be determined in accordance with the provisions of such plans and programs. Neither the Employee nor the Company shall have any further rights or obligations under this Agreement, except as provided in Sections 7, 8, 9 and 10.