Common use of Separation Payments Clause in Contracts

Separation Payments. (a) In the event the Early Termination Option is exercised by the Company or the Executive resigns his employment with the Company for Good Reason, the Executive shall be entitled to receive Separation Payments through the Expiration Date or for a period of two (2) years from the effective date of the Executive's termination or resignation, whichever period is longer. (b) Unless otherwise directed by the Executive, the Separation Payments shall be paid or provided on a continuing monthly basis on the first business day of each month commencing with the month immediately following the effective date of the Executive's termination or resignation, whichever is applicable. (c) Upon the exercise of the Early Termination Option by the Company or the Executive's resignation for Good Reason, the Executive shall be entitled to accrue benefits (as defined in Section 5.2) during the period the Executive receives or is entitled to receive separation payments. (d) The Company shall use the compensation which the Executive receives or is entitled to receive as Separation Payments for the purpose of determining the amount of any benefit to which the Executive may be entitled under any plan or program. (e) The Executive agrees that so long as he is receiving Separation Payments, he shall not become employed by or consult with any company whose primary business is the provision of public international value added network services. (f) The Executive agrees that so long as he is receiving Separation Payments, he shall not induce or solicit any employee of the Company to terminate his or her employment with the Company for any purpose. (g) The Company's obligation to pay the Separation Payments and otherwise comply with the provisions of this Section 3.8

Separation Payments. (a) In the event the Early Termination Option is exercised by the Company or the Executive resigns his employment with the Company for Good Reason, the Executive shall be entitled to receive Separation Payments through the Expiration Date or for a period of two (2) years from the effective date of the Executive's termination or resignation, whichever period is longer, and all unvested options granted to the Executive shall vest immediately and be exercisable for the remainder of their original term. (b) Unless otherwise directed agreed by the Company and Executive, the Separation Payments shall be paid or provided on a continuing monthly basis on the first business day of each month commencing with the month immediately following the effective date of the Executive's termination or resignation, whichever is applicable. (c) Upon the exercise of the Early Termination Option by the Company or the Executive's resignation for Good Reason, the Executive shall remain eligible for and shall be entitled to accrue benefits Benefits (as defined in Section 5.2other than the accrual of vacation time) during the period the Executive receives or is entitled to receive separation payments. (d) The Company shall use the compensation which the Executive receives or is entitled to receive as Separation Payments for the purpose of determining the amount of any benefit to which the Executive may be entitled under any plan or program. (e) The Executive agrees that so long as he is receiving Separation Payments, he shall not become employed by or consult with any company whose primary business is the provision of public international value added network services. (f) The Executive agrees that so long as he is receiving Separation Payments, he shall not induce or solicit any employee of the Company to terminate his or her employment with the Company for any purpose. (g) The Company's obligation to pay the Separation Payments and otherwise comply with the provisions of this Section 3.83.9

Separation Payments. (a) In the event of termination of the Early Termination Option is exercised Employment Period upon the death or Disability of the Executive, the Company shall promptly pay to Executive (i) all sums in respect of Base Salary and benefits accrued and unpaid to the date of termination (ii) the 2001 Guaranteed Bonus and the 2002 Guaranteed Bonus, if not previously paid, on the dates those bonuses would have otherwise been payable, and (iii) if the Company meets the Performance Targets for the fiscal year in which such termination takes place, a share of the Performance Target-related bonus that the Executive would otherwise have received, such share to be proportional to the period of the fiscal year covered by the Company or the Executive resigns his employment with the Company for Good Reason, the Employment Period. Executive shall not be entitled to receive Separation Payments through the Expiration Date her Base Salary, any severance pay or any fringe benefits for a period of two (2) years from the effective date periods after such termination of the Executive's termination Employment Period upon death or resignation, whichever period is longerDisability. (b) Unless otherwise directed In the event of termination of the Employment Period by the Company for Cause or upon Executive's resignation (other than for Good Reason), the Separation Payments Company shall be paid promptly pay to Executive all sums in respect of Base Salary and benefits accrued and unpaid to the date of termination. Within five business days following a termination of the Employment Period by the Company for Cause or upon Executive's resignation (other than for Good Reason), the Company may, in its sole discretion, notify the Executive in writing of its decision to release the Executive from her obligations under sections 6(a)-(c) of this Agreement. In the event the Company fails to elect to release the Executive as provided on a continuing monthly basis in the immediately preceding sentence, the Company shall continue to pay the Executive the Base Salary in effect on the first business date of termination through the last day of each month commencing with the month Non-Competition Period (as defined in Section 6(a) of this Agreement). Except as provided in the immediately following the effective date preceding sentence, Executive shall not be entitled to receive her Base Salary, any severance pay or any fringe benefits for periods after such termination of the Executive's termination Employment Period or resignationany bonus not previously paid, whichever irrespective of whether such bonus is applicableguaranteed under this Agreement. (c) Upon If the exercise of the Early Termination Option Employment Period is terminated by the Company without Cause or by the Executive's resignation Executive for Good ReasonReason in accordance with Section 3(c), then (i) the Company shall pay to Executive within 15 days of such termination an amount equal to the amount the Executive would have earned if she continued to receive the Base Salary in effect at the time of termination until the later of (A) the first anniversary of the effective date of termination, and (B) the third anniversary of the Commencement Date, (ii) the Company shall pay to Executive within ten days thereof all sums accrued and unpaid to the date of termination, (iii) the 2001 Guaranteed Bonus and the 2002 Guaranteed Bonus, if not previously paid, on the dates those bonuses would have otherwise been payable, and (iv) the Company shall pay to Executive, on or before March 31 of the following fiscal year, a share of the Performance Target-related bonus that the Executive would otherwise have received, such share to be in proportion to the period of the fiscal year covered by the Employment Period. In the event that the Executive is terminated on or after the first anniversary of the Commencement Date, all amounts payable under this Section 4(c) shall be entitled to accrue benefits (as defined paid in Section 5.2) during the period the Executive receives or is entitled to receive separation payments. (d) The Company shall use the compensation which the Executive receives or is entitled to receive as Separation Payments for the purpose of determining the amount of any benefit to which the Executive may be entitled under any plan or program. (e) The Executive agrees that so long as he is receiving Separation Payments, he shall not become employed by or consult with any company whose primary business is the provision of public international value added network services. (f) The Executive agrees that so long as he is receiving Separation Payments, he shall not induce or solicit any employee a lump sum within 15 days of the Company to terminate his or her employment with the Company for any purpose. (g) effective date of termination. The Company's obligation to pay the Separation Payments and otherwise comply with the provisions of this Section 3.84(c) shall constitute Executive's sole and exclusive remedy in connection with termination of the Employment Period by the Company without Cause or by the Executive for Good Reason.

Separation Payments. (a) In the event the Early Termination Option is exercised by the Company or the Executive resigns his employment with the Company for Good Reason, the Executive shall be entitled to receive Separation Payments through the Expiration Date or for a period of two (2) years from the effective date of the Executive's termination or resignation, whichever period is longer, and all unvested options granted to Executive shall vest immediately and be exercisable for the remainder of their original term. (b) Unless otherwise directed by the Executive, the Separation Payments shall be paid or provided on a continuing monthly basis on the first business day of each month commencing with the month immediately following the effective date of the Executive's termination or resignation, whichever is applicable. (c) Upon the exercise of the Early Termination Option by the Company or the Executive's resignation for Good Reason, the Executive shall be entitled to accrue benefits (as defined in Section 5.2) during the period the Executive receives or is entitled to receive separation payments. (d) The Company shall use the compensation which the Executive receives or is entitled to receive as Separation Payments for the purpose of determining the amount of any benefit to which the Executive may be entitled under any plan or program. (e) The Executive agrees that so long as he is receiving Separation Payments, he shall not become employed by or consult with any company whose primary business is the provision of public international value added network services. (f) The Executive agrees that so long as he is receiving Separation Payments, he shall not induce or solicit any employee of the Company to terminate his or her employment with the Company for any purpose. (g) The Company's obligation to pay the Separation Payments and and, otherwise comply with the provisions of this Section 3.83.9