Common use of Termination by Reason of Death Clause in Contracts

Termination by Reason of Death. In the event of the Employee’s death during the term of this Agreement, the Employee’s employment shall be deemed to have terminated as of the last day of the month during which his death occurs and the Employer shall pay to his estate or such beneficiaries as the Employee may from time to time designate all accrued salary, bonus compensation to the extent earned, vested deferred compensation, if any (other than pension plan or profit sharing plan benefits which will be paid in accordance with the applicable plan), any benefits under any plans of Employer or Avocent in which the Employee is a participant to the full extent of the Employee’s rights under such plans (including having the vesting of any awards granted to the Employee under any AHC or Avocent stock option plans fully accelerated), accrued vacation pay and any appropriate business expenses incurred by the Employee in connection with his duties hereunder, all to the date of termination, but the Employee’s estate shall not be paid any other compensation or reimbursement of any kind, including without limitation, severance compensation.

Appears in 12 contracts

Samples: Employment and Noncompetition Agreement (Avocent Corp), Employment and Noncompetition Agreement (Avocent Corp), Employment and Noncompetition Agreement (Avocent Corp)

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Termination by Reason of Death. In the event of the Employee’s death during the term of this Agreement, the Employee’s employment shall be deemed to have terminated as of the last day of the month during which his death occurs and the Employer shall pay to his estate or such beneficiaries as the Employee may from time to time designate all accrued salary, bonus compensation to the extent earned, vested deferred compensation, if any (other than pension plan or profit sharing plan benefits which will be paid in accordance with the applicable plan), any benefits under any plans of Employer or Avocent in which the Employee is a participant to the full extent of the Employee’s rights under such plans (including having the vesting of any awards granted to the Employee under any AHC or Avocent stock option option, restricted stock, performance share, or other equity plans deemed and treated as fully earned and accelerated), accrued vacation pay and any appropriate business expenses incurred by the Employee in connection with his duties hereunder, all to the date of termination, but the Employee’s estate shall not be paid any other compensation or reimbursement of any kind, including without limitation, severance compensation.

Appears in 10 contracts

Samples: Employment and Noncompetition Agreement (Avocent Corp), Employment and Noncompetition Agreement (Avocent Corp), Employment and Noncompetition Agreement (Avocent Corp)

Termination by Reason of Death. In the event of the Employee’s 's death during the term of this Agreement, the Employee’s 's employment shall be deemed to have terminated as of the last day of the month during which his death occurs and the Employer shall pay to his estate or such beneficiaries as the Employee may from time to time designate all accrued salary, bonus compensation to the extent earned, vested deferred compensation, if any (other than pension plan or profit sharing plan benefits which will be paid in accordance with the applicable plan), any benefits under any plans of Employer or Avocent in which the Employee is a participant to the full extent of the Employee’s 's rights under such plans (including having the vesting of any awards granted to the Employee under any AHC Cybex or Avocent stock option plans fully accelerated), accrued vacation pay and any appropriate business expenses incurred by the Employee in connection with his duties hereunder, all to the date of termination, but the Employee’s 's estate shall not be paid any other compensation or reimbursement of any kind, including without limitation, severance compensation.

Appears in 8 contracts

Samples: Employment and Noncompetition Agreement (Avocent Corp), Employment and Noncompetition Agreement (Avocent Corp), Employment and Noncompetition Agreement (Avocent Corp)

Termination by Reason of Death. In the event of the Employee’s 's death during the term of this Agreement, the Employee’s 's employment shall be deemed to have terminated as of the last day of the month during which his death occurs and the Employer shall pay to his estate or such beneficiaries as the Employee may from time to time designate all accrued salary, bonus compensation to the extent earned, vested deferred compensation, if any any, (other than pension plan or profit sharing plan benefits which will be paid in accordance with the applicable plan), any benefits under any plans of Cybex or the Employer or Avocent in which the Employee is a participant to the full extent of the Employee’s 's rights under such plans (including having the accelerated vesting of any awards granted to the Employee under any AHC or Avocent Cybex's stock option plans fully acceleratedplans), accrued vacation pay and any appropriate business expenses incurred by the Employee in connection with his duties hereunder, all to the date of termination, but the Employee’s 's estate shall not be paid any other compensation or reimbursement of any kind, including without limitation, severance compensation.

Appears in 6 contracts

Samples: Employment and Noncompetition Agreement (Cybex Computer Products Corp), Employment and Noncompetition Agreement (Cybex Computer Products Corp), Employment and Noncompetition Agreement (Cybex Computer Products Corp)

Termination by Reason of Death. In the event of the Employee’s death during the term of this Agreement, the Employee’s employment shall be deemed to have terminated as of the last day of the month during which his death occurs and the Employer shall pay to his estate or such beneficiaries as the Employee may from time to time designate all accrued salary, bonus compensation to the extent earned, vested deferred compensation, if any (other than pension plan or profit sharing plan benefits which will be paid in accordance with the applicable plan), any benefits under any plans of Employer or Avocent in which the Employee is a participant to the full extent of the Employee’s rights under such plans (including having the vesting of any awards granted to the Employee under any AHC ARC or Avocent stock option plans fully accelerated), accrued vacation pay and any appropriate business expenses incurred by the Employee in connection with his duties hereunder, all to the date of termination, but the Employee’s estate shall not be paid any other compensation or reimbursement of any kind, including without limitation, severance compensation.

Appears in 3 contracts

Samples: Employment and Noncompetition Agreement (Avocent Corp), Employment and Noncompetition Agreement (Avocent Corp), Employment and Noncompetition Agreement (Avocent Corp)

Termination by Reason of Death. In the event of the Employee’s 's death during the term of this Agreement, the Employee’s 's employment shall be deemed to have terminated as of the last day of the month during which his death occurs and the Employer shall pay to his estate or such beneficiaries as the Employee may from time to time designate all accrued salary, bonus compensation to the extent earned, vested deferred compensation, if any any, (other than pension plan or profit sharing plan benefits which will be paid in accordance with the applicable plan), any benefits under any plans of the Employer or Avocent in which the Employee is a participant to the full extent of the Employee’s 's rights under such plans (including having the accelerated vesting of any awards granted to the Employee under any AHC or Avocent Employer's stock option plans fully acceleratedplans), accrued vacation pay and any appropriate business expenses incurred by the Employee in connection with his duties hereunder, all to the date of termination, but the Employee’s 's estate shall not be paid any other compensation or reimbursement of any kind, including without limitation, severance compensation.

Appears in 1 contract

Samples: Employment and Noncompetition Agreement (Cybex Computer Products Corp)

Termination by Reason of Death. In the event of the Employee’s death during the term of this Agreement, the Employee’s employment shall be deemed to have terminated as of the last day of the month during which his death occurs and the Employer shall pay to his estate or such beneficiaries as the Employee may from time to time designate all accrued salary, bonus compensation to the extent earned, vested deferred compensation, if any (other than pension plan or profit sharing plan benefits which will be paid in accordance with the applicable plan), any benefits under any plans of Employer or Avocent in which the Employee is a participant to the full extent of the Employee’s rights under such plans (including having the vesting of any awards granted to the Employee under any AHC Cybex or Avocent stock option plans fully accelerated), accrued vacation pay and any appropriate business expenses incurred by the Employee in connection with his duties hereunder, all to the date of termination, but the Employee’s estate shall not be paid any other compensation or reimbursement of any kind, including without limitation, severance compensation.

Appears in 1 contract

Samples: Employment and Noncompetition Agreement (Avocent Corp)

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Termination by Reason of Death. In the event of the Employee’s death during the term of this Agreement, the Employee’s employment shall be deemed to have terminated as of the last day of the month during which his death occurs and the Employer shall pay to his estate or such beneficiaries as the Employee may from time to time designate all accrued salary, bonus compensation to the extent earned, vested deferred compensation, if any (other than pension plan or profit sharing plan benefits which will be paid in accordance with the applicable plan), any benefits under any plans of Employer or Avocent in which the Employee is a participant to the full extent of the Employee’s rights under such plans (including having the vesting of any awards granted to the Employee under any AHC ATC or Avocent stock option plans fully accelerated), accrued vacation pay and any appropriate business expenses incurred by the Employee in connection with his duties hereunder, all to the date of termination, but the Employee’s estate shall not be paid any other compensation or reimbursement of any kind, including without limitation, severance compensation.

Appears in 1 contract

Samples: Employment and Noncompetition Agreement (Avocent Corp)

Termination by Reason of Death. In the event of the Employee’s death during the term of this Agreement, the Employee’s employment shall be deemed to have terminated as of the last day of the month during which his death occurs and the Employer shall pay to his estate or such beneficiaries as the Employee may from time to time designate all accrued salary, bonus compensation to the extent earned, vested deferred compensation, if any (other than pension plan or profit sharing plan benefits which will be paid in accordance with the applicable plan), any benefits under any plans of Employer or Avocent in which the Employee is a participant to the full extent of the Employee’s rights under such plans (including having the vesting of any awards granted to the Employee under any AHC or Avocent stock option plans fully accelerated), accrued vacation pay and any appropriate business expenses incurred by the Employee in connection with his duties hereunder, all to the date of termination, but the Employee’s estate shall not be paid any other compensation or reimbursement of any kind, including without limitation, severance compensation.

Appears in 1 contract

Samples: Employment Agreement (Avocent Corp)

Termination by Reason of Death. In the event of the Employee’s death during the term of this Agreement, the Employee’s employment shall be deemed to have terminated as of the last day of the month during which his her death occurs and the Employer shall pay to his her estate or such beneficiaries as the Employee may from time to time designate all accrued salary, bonus compensation to the extent earned, vested deferred compensation, if any (other than pension plan or profit sharing plan benefits which will be paid in accordance with the applicable plan), any benefits under any plans of Employer or Avocent in which the Employee is a participant to the full extent of the Employee’s rights under such plans (including having the vesting of any awards granted to the Employee under any AHC or Avocent stock option option, restricted stock, performance share, or other equity plans deemed and treated as fully earned and accelerated), accrued vacation pay and any appropriate business expenses incurred by the Employee in connection with his her duties hereunder, all to the date of termination, but the Employee’s estate shall not be paid any other compensation or reimbursement of any kind, including without limitation, severance compensation.

Appears in 1 contract

Samples: Employment and Noncompetition Agreement (Avocent Corp)

Termination by Reason of Death. In the event of the Employee’s 's death during the term of this Agreement, the Employee’s 's employment shall be deemed to have terminated as of the last day of the month during which his death occurs and the Employer shall pay to his estate or such beneficiaries as the Employee may from time to time designate all accrued salary, bonus compensation to the extent earned, vested deferred compensation, if any (other than pension plan or profit sharing plan benefits which will be paid in accordance with the applicable plan), any benefits under any plans of Employer or Avocent in which the Employee is a participant to the full extent of the Employee’s 's rights under such plans (including having the vesting of any awards granted to the Employee under any AHC Apex or Avocent stock option plans fully accelerated), accrued vacation pay and any appropriate business expenses incurred by the Employee in connection with his duties hereunder, all to the date of termination, but the Employee’s 's estate shall not be paid any other compensation or reimbursement of any kind, including without limitation, severance compensation.

Appears in 1 contract

Samples: Employment and Noncompetition Agreement (Avocent Corp)

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