Common use of Termination by Reason of Death or Disability Clause in Contracts

Termination by Reason of Death or Disability. In the event that Executive’s employment with the Company terminates as a result of Executive’s death or Disability (as defined in Section 3.4 below), Executive or Executive’s estate or representative will receive all salary and unpaid vacation accrued as of the date of Executive’s death or Disability and any other benefits payable under the Company’s then existing benefit plans and policies in accordance with such plans and policies in effect on the date of death or Disability and in accordance with applicable law. In addition, Executive’s estate or representative will receive the amount of Executive’s target Annual Bonus for the fiscal year in which the death or Disability occurs, as determined by the Board of Directors or its Compensation Committee, which will be paid prior to two and one-half (2 ½) months following the year of Executive’s death or Disability (subject to Executive’s termination as a result of such Disability). 3.3

Termination by Reason of Death or Disability. In the event that Executive’s employment with the Company terminates as a result of Executive’s death or Disability (as defined in Section 3.4 below), Executive or Executive’s estate or representative will receive all salary and unpaid vacation accrued as of the date of Executive’s death or Disability and any other benefits payable under the Company’s then existing benefit plans and policies in accordance with such plans and policies in effect on the date of death or Disability and in accordance with applicable law. In addition, Executive’s estate or representative will receive the amount of Executive’s target Annual Bonus for the fiscal year in which the death or Disability occurs, as determined by the Board of Directors or its Compensation Committee, which will be paid prior to two and one-half (2 ½) months following the year of Executive’s death or Disability (subject to Executive’s termination as a result of such Disability). 3.3187017745 v5

Termination by Reason of Death or Disability. In the event that Executive’s employment with the Company terminates as a result of Executive’s death or Disability (as defined in Section 3.4 below), Executive or Executive’s estate or representative will receive all salary and unpaid vacation accrued as of the date of Executive’s death or Disability and any other benefits payable under the Company’s then existing benefit plans and policies in accordance with such plans and policies in effect on the date of death or Disability and in accordance with applicable law. In addition, Executive’s estate or representative will receive the amount of Executive’s target Annual Bonus for the fiscal year in which the death or Disability occurs, as determined by the Board of Directors or its Compensation Committee, which will be paid prior to two and one-half (2 ½) months following the year of Executive’s death or Disability (subject to Executive’s termination as a result of such Disability). 3.3.

Termination by Reason of Death or Disability. In the event that Executive’s employment with the Company terminates as a result of Executive’s death or Disability (as defined in Section 3.4 below), Executive or Executive’s estate or representative will receive all salary and unpaid vacation accrued as of the date of Executive’s death or Disability and any other benefits payable under the Company’s then existing benefit plans and policies in accordance with such plans and policies in effect on the date of death or Disability and in accordance with applicable law. In addition, Executive’s estate or representative will receive the amount of Executive’s target Annual Bonus for the fiscal year in which the death or 187017745 v5 Disability occurs, as determined by the Board of Directors or its Compensation Committee, which will be paid prior to two and one-half (2 ½) months following the year of Executive’s death or Disability (subject to Executive’s termination as a result of such Disability). 3.3.

Termination by Reason of Death or Disability. In the event that Executive’s employment with the Company terminates as a result of Executive’s death or Disability (as defined in Section 3.4 below), Executive or Executive’s estate or representative will receive all salary and unpaid vacation accrued as of the date of Executive’s death or Disability and any other benefits payable under the Company’s then existing benefit plans and policies in accordance with such plans and policies in effect on the date of death or Disability and in accordance with applicable law. In addition, Executive’s estate or representative will receive the amount of Executive’s target Annual Bonus for the fiscal year in which the death or Disability occurs, as determined by the Board of Directors or its Compensation Committee, which will be paid prior to two and one-half (2 ½) months following the year of Executive’s death or Disability (subject to Executive’s termination as a result of such Disability). 3.3187004382 v6