Common use of Retirement or Death Clause in Contracts

Retirement or Death. In the event of the Executive's retirement or death during the term hereof, the Executive's employment hereunder shall immediately and automatically terminate. In the event of the Executive's retirement after the age of sixty-five, age fifty-five with the prior consent of the Board or death during the term hereof, the Company shall pay to the Executive (or in the case of death, the Executive's designated beneficiary or, if no beneficiary has been designated by the Executive, to the Executive's estate) (i) Base Salary earned but unpaid through and including the date of such retirement or death, (ii) any amount payable pursuant to Section 4.6, (iii) any unpaid portion of any Bonus for any fiscal year preceding the year in which such retirement or death occurs that was earned but had not previously been paid and (iv) at the times the Company pays its executives bonuses in accordance with its general payroll policies, any Bonus which would have been paid had such retirement or death not occurred during the fiscal year of such retirement or death (pro-rated based on a formula, the numerator of which shall be the number of days during the fiscal year of such retirement or death in which the Executive was employed by the Company and the denominator of which shall be 365 or 366, as the case may be).

Retirement or Death. In the event of the Executive's ------------------- retirement or death during the term hereof, the Executive's employment hereunder shall immediately and automatically terminate. In the event of the Executive's retirement after the age of sixty-five, age fifty-five with the prior consent of the Board or death during the term hereof, the Company shall pay to the Executive (or in the case of death, the Executive's designated beneficiary or, if no beneficiary has been designated by the Executive, to the Executive's estate) (i) Base Salary earned but unpaid through and including the date of such retirement or death, (ii) any amount payable pursuant to Section 4.6, (iii) any unpaid portion of any Bonus for any fiscal year preceding the year in which such retirement or death occurs that was earned but had not previously been paid and (iv) at the times the Company pays its executives bonuses in accordance with its general payroll policies, any Bonus which would have been paid had such retirement or death not occurred during the fiscal year of such retirement or death (pro-rated based on a formula, the numerator of which shall be the number of days during the fiscal year of such retirement or death in which the Executive was employed by the Company and the denominator of which shall be 365 or 366, as the case may be).

Retirement or Death. In the event of the Executive's retirement or death during the term hereof, the Executive's employment hereunder shall immediately and automatically terminate. In the event of the Executive's retirement after the age of sixty-five, age fifty-five with the prior consent of the Board or death during the term hereof, the Company shall pay to the Executive (or in the case of death, the Executive's designated beneficiary or, if no beneficiary has been designated by the Executive, to the Executive's estate) (i) Base Salary earned but unpaid through and including the date of such retirement or death, (ii) any amount payable pursuant to Section 4.6, (iii) any unpaid portion of any Bonus for any fiscal year preceding the year in which such retirement or death occurs that was earned but had not previously been paid and paid, (iv) at the times the Company pays its executives bonuses in accordance with its general payroll policies, any Bonus which would have been paid had such retirement or death not occurred during the fiscal year of such retirement or death (pro-rated based on a formula, the numerator of which shall be the number of days during the fiscal year of such retirement or death in which the Executive was employed by the Company and the denominator of which shall be 365 or 366, as the case may be), (v) any non-compete payment not previously made to the Executive under Paragraph 5(d) of the Original Agreement, and (vi) any other amounts accrued by the Executive but unpaid through and including the date of such retirement or death, as the case may be.

Retirement or Death. In the event of the Executive's retirement or death during the term hereof, the Executive's employment hereunder shall immediately and automatically terminate. In the event of the Executive's retirement after the age of sixty-sixty- five, age fifty-five with the prior consent of the Board or death during the term hereof, the Company shall pay to the Executive (or in the case of death, the Executive's designated beneficiary or, if no beneficiary has been designated by the Executive, to the Executive's estate) (i) Base Salary earned but unpaid through and including the date of such retirement or death, (ii) any amount payable pursuant to Section 4.6, (iii) any unpaid portion of any Bonus for any fiscal year preceding the year in which such retirement or death occurs that was earned but had not previously been paid and (iv) at the times the Company pays its executives bonuses in accordance with its general payroll policies, any Bonus which would have been paid had such retirement or death not occurred during the fiscal year of such retirement or death (pro-rated based on a formula, the numerator of which shall be the number of days during the fiscal year of such retirement or death in which the Executive was employed by the Company and the denominator of which shall be 365 or 366, as the case may be).