Common use of Payments at Termination Clause in Contracts

Payments at Termination. (a) Upon (i) termination of this Agreement by the Company under Section 3(c) titled "Without Cause" or (ii) termination of this Agreement by Executive under Section 3(f) titled "For Good Reason by the Executive," Executive shall receive monthly payments equal to his Base Salary prior to termination ("Applicable Base Salary") through the termination date of this Agreement or for a period of eighteen (18) months, whichever is longer, beginning in the month next following such termination. In either case Executive shall receive all accrued compensation and unreimbursed expenses to the date of termination as provided herein. The monthly payments provided for in this Section 4(a) shall be paid in accordance with the Company's normal payroll schedule, less applicable tax withholdings for state and federal taxes and other deductions required by law and shall not be reduced by compensation the Executive may receive from other sources. In either such case of termination, all unexercised options granted pursuant to the Company's stock option plan (the "Plan") shall vest and become exercisable on the day of termination. For any such non-statutory stock option or incentive stock option, the period for exercise of the option shall continue for the shorter of the maximum length of time the option is exercisable under the Plan as though the service of Executive had not terminated, and three (3) years after the date of termination of service, provided, however, that if the existence of this sentence would cause any incentive stock option not to qualify as an incentive stock option pursuant to Section 422 of the Internal Revenue Code of 1986, as amended, ("Section 422") at any time prior to ninety (90) days after termination of employment as provided in Section 422, this sentence shall be null and void as to such incentive stock option.

Payments at Termination. (a) Upon (i) termination of this Agreement by the Company under Section 3(c) titled "Without Cause" ", including upon the Company's delivery of the Term Termination Notice to Executive or (ii) termination of this Agreement by Executive under Section 3(f) titled "For Good Reason by the Executive," Executive shall receive monthly payments equal to his Base Salary prior to termination ("Applicable Base Salary") through the termination date of this Agreement or for a period of eighteen (18) months, whichever is longer, beginning in the month next following such termination. In either case Executive shall receive all accrued compensation and unreimbursed expenses to the date of termination as provided herein. The monthly payments provided for in this Section 4(a) shall be paid in accordance with the Company's normal payroll schedule, less applicable tax withholdings for state and federal taxes and other deductions required by law and shall not be reduced by compensation the Executive may receive from other sources. In either such case of termination, all unexercised options granted pursuant to the Company's 2000 Plan or any other Company stock option plan (the "Plan") ), including the Initial Stock Options, shall vest and become exercisable on the day of terminationtermination (and any shares purchasable thereunder shall no longer be subject to any repurchase rights by the Company, if any). For any such non-statutory stock option or incentive stock option, the period for exercise of the option shall continue for the shorter of the maximum length of time the option is exercisable under the Plan as though the service of Executive had not terminated, and three (3) years after the date of termination of service, provided, however, that if the existence of this sentence would cause any incentive stock option not to qualify as an incentive stock option pursuant to Section 422 of the Internal Revenue Code of 1986, as amended, ("Section 422") at any time prior to ninety (90) days after termination of employment as provided in Section 422, this sentence shall be null and void as to such incentive stock option.

Payments at Termination. (a) A. Upon (i) termination of this Agreement by the Company under Section 3(c) Subsection 3.C. titled "Without Cause" or (ii) termination of this Agreement by Executive Employee under Section 3(f) Subsection 3.F. titled "For Good Reason Cause by the ExecutiveEmployee," Executive Employee shall receive monthly payments equal to his last Base Salary prior to termination ("Applicable Base Salary") through the termination date of this Agreement or for a period of eighteen (18) months, whichever beginning in the month next following such termination, provided, however, if termination is longer, Without Cause under Section 16 Employee shall only receive monthly payments equal to his Applicable Base Salary for a period of twelve (12) months beginning in the month next following such termination. In either case Executive Employee shall receive all accrued compensation and unreimbursed expenses to the date of termination as provided herein. The monthly payments provided for in this Section 4(a) Subsection shall be paid in accordance with on a monthly basis on the Company's normal payroll schedule, less applicable tax withholdings for state and federal taxes and other deductions required by law first of each month and shall not be reduced by compensation the Executive Employee may receive from other sources. In either such case of termination, all unexercised options granted pursuant to the Company's stock option plan Incentive Stock Option Agreement dated February 14, 1997 and the Non-Statutory Stock Option Agreement dated February 14, 1997 (collectively the "PlanOption Agreements") shall vest and become exercisable on the day of termination. For any such nonNon-statutory stock option Statutory Stock Option or incentive stock optionIncentive Stock Option, the period for exercise of the option shall continue for the shorter of the maximum length of time the option is exercisable under the Company's 1997 Stock Option Plan as though the service employment of Executive Employee had not terminated, and three (3) years after the date of termination of serviceemployment, provided, however, that if the existence of this sentence would cause any incentive stock option Incentive Stock Option not to qualify as an incentive stock option pursuant to Section 422 of the Internal Revenue Code of 1986, as amended, ("Section 422") at any time prior to ninety (90) days after termination of employment as provided in Section 422, this sentence shall be null and void as to such incentive stock optionIncentive Stock Option.