Common use of Termination of Service for Cause Clause in Contracts

Termination of Service for Cause. Notwithstanding any other provision hereof, in the event of the Grantee’s Termination of Service for Cause, (i) all of the Grantee’s RSUs (whether or not vested) shall terminate and expire upon such Termination of Service and (ii) the Committee, within the one year following the Grantee’s Termination of Service for Cause, may rescind the prior vesting and/or settlement of all or any portion of Grantee’s RSUs that vested and/or were settled by the delivery of Shares previously under this Agreement. For purposes of this Agreement, the RSUs that vested and/or were settled by the delivery of Shares previously under this Agreement shall include without limitation any Shares or other property received by Grantee with respect to the RSUs that vested and/or were settled previously under this Agreement as a result of a stock split or other similar transaction. In the event of any such rescission, Grantee shall return to the Company any Shares that became vested and were delivered previously under this Agreement, or if Grantee no longer owns the Shares, Grantee shall pay to the Company the amount of any proceeds received as a result of any sale or other disposition of the Shares (or, in the event Grantee transferred the Shares by gift or otherwise without consideration, the fair market value of the Shares on the date of such gift or other transfer). The payment shall be made in such manner and on such terms and conditions as may be required by the Company. The Company also shall be entitled to set off against the amount of any such payment any amounts otherwise owed to Grantee by the Company. Additionally, notwithstanding any other provision of this Agreement, during the first thirty (30) days after the Grantee’s Termination of Service for any reason other than Cause, the Company shall have the right to re-characterize such Termination of Service as a Termination of Service for Cause if such circumstances exist, and, upon such re-characterization, the foregoing provisions shall apply.

Termination of Service for Cause. Notwithstanding any other provision hereof, in the event of the Grantee’s Termination of Service for Cause, (i) all of the Grantee’s RSUs (whether or not vested) shares of Restricted Stock shall terminate and expire upon such Termination of Service and (ii) the Committee, within the one year following the Grantee’s Termination of Service for Cause, may rescind the prior vesting and/or settlement of all or any portion of Grantee’s RSUs shares of Restricted Stock that vested and/or were settled by the delivery of Shares previously under this Agreement. For purposes of this Agreement, the RSUs shares of Restricted Stock that vested and/or were settled by the delivery of Shares previously under this Agreement shall include without limitation any Shares or other property received by Grantee with respect to the RSUs shares of Restricted Stock that vested and/or were settled previously under this Agreement as a result of a stock split or other similar transaction. In the event of any such rescission, Grantee shall return to the Company any Shares that became vested and were delivered previously under this Agreement, or if Grantee no longer owns the Shares, Grantee shall pay to the Company the amount of any proceeds received as a result of any sale or other disposition of the Shares (or, in the event Grantee transferred the Shares by gift or otherwise without consideration, the fair market value of the Shares on the date of such gift or other transfer). The payment shall be made in such manner and on such terms and conditions as may be required by the Company. The Company also shall be entitled to set off against the amount of any such payment any amounts otherwise owed to Grantee by the Company. Additionally, notwithstanding any other provision of this Agreement, during the first thirty (30) days after the Grantee’s Termination of Service for any reason other than Cause, the Company shall have the right to re-characterize such Termination of Service as a Termination of Service for Cause if such circumstances exist, and, upon such re-characterization, the foregoing provisions shall apply.

Termination of Service for Cause. Notwithstanding any other provision hereof, in In the event of the Grantee’s Termination of Service for Cause, (i) all of the Grantee’s RSUs entire Option (whether or not vested) shall terminate and expire upon such Termination of Service and (ii) the Committee, within the one year following the Grantee’s Termination of Service for Cause, may rescind the prior exercise and/or vesting and/or settlement of all or any portion of Grantee’s RSUs that vested any equity right and/or were settled by the delivery of any Option Shares previously under this Agreement. For purposes of this Agreement, the RSUs that vested and/or were settled by the delivery of Option Shares previously under this Agreement shall include without limitation any Shares shares or other property received by Grantee with respect to the RSUs that vested and/or were settled previously under this Agreement Option Shares covered by Xxxxxxx’s equity rights as a result of a stock split or other similar transaction. In the event of any such rescission, Grantee shall return to the Company any Option Shares that became vested and were delivered previously under this Agreementreceived upon the prior exercise of the Option, or if Grantee no longer owns the Option Shares, Grantee shall pay to the Company the amount of any proceeds received as a result of any sale or other disposition of the Option Shares (or, in the event Grantee transferred the Option Shares by gift or otherwise without consideration, the fair market value of the Option Shares on the date of such gift or other transfer), net of the exercise price originally paid by Grantee for the Option Shares. The payment shall be made in such manner and on such terms and conditions as may be required by the Company. The Company also shall be entitled to set off against the amount of any such payment any amounts otherwise owed to Grantee by the Company. .. Additionally, notwithstanding any other provision of this Agreement, during the first thirty (30) days after the Grantee’s Termination of Service for any reason other than Cause, the Company shall have the right to re-characterize such Termination of Service as a Termination of Service for Cause if such circumstances existCause, and, upon such re-characterization, the foregoing provisions shall apply.

Termination of Service for Cause. Notwithstanding any other provision hereof, in In the event of the Grantee’s Termination of Service for Cause, (i) all of the Grantee’s RSUs entire Option (whether or not vested) shall terminate and expire upon such Termination of Service and (ii) the Committee, within the one year following the Grantee’s Termination of Service for Cause, may rescind the prior exercise and/or vesting and/or settlement of all or any portion of Grantee’s RSUs that vested any equity right and/or were settled by the delivery of any Option Shares previously under this Agreement. For purposes of this Agreement, the RSUs that vested and/or were settled by the delivery of Option Shares previously under this Agreement shall include without limitation any Shares shares or other property received by Grantee with respect to the RSUs that vested and/or were settled previously under this Agreement Option Shares covered by Xxxxxxx’s equity rights as a result of a stock split or other similar transaction. In the event of any such rescission, Grantee shall return to the Company any Option Shares that became vested and were delivered previously under this Agreementreceived upon the prior exercise of the Option, or if Grantee no longer owns the Option Shares, Grantee shall pay to the Company the amount of any proceeds received as a result of any sale or other disposition of the Option Shares (or, in the event Grantee transferred the Option Shares by gift or otherwise without consideration, the fair market value of the Option Shares on the date of such gift or other transfer), net of the exercise price originally paid by Grantee for the Option Shares. The payment shall be made in such manner and on such terms and conditions as may be required by the Company. The Company also shall be entitled to set off against the amount of any such payment any amounts otherwise owed to Grantee by the Company. Additionally, notwithstanding any other provision of this Agreement, during the first thirty (30) days after the Grantee’s Termination of Service for any reason other than Cause, the Company shall have the right to re-characterize such Termination of Service as a Termination of Service for Cause if such circumstances exist, and, upon such re-characterization, the foregoing provisions shall apply.

Termination of Service for Cause. Notwithstanding any other provision hereof, in In the event of the Grantee’s Termination of Service for Cause, (i) all of the Grantee’s RSUs entire Option (whether or not vested) shall terminate and expire upon such Termination of Service and (ii) the Committee, within the one year following the Grantee’s Termination of Service for Cause, may rescind the prior exercise and/or vesting and/or settlement of all or any portion of Grantee’s RSUs that vested any equity right and/or were settled by the delivery of any Option Shares previously under this Agreement. For purposes of this Agreement, the RSUs that vested and/or were settled by the delivery of Option Shares previously under this Agreement shall include without limitation any Shares shares or other property received by Grantee with respect to the RSUs that vested and/or were settled previously under this Agreement Option Shares covered by Gxxxxxx’s equity rights as a result of a stock split or other similar transaction. In the event of any such rescission, Grantee shall return to the Company any Option Shares that became vested and were delivered previously under this Agreementreceived upon the prior exercise of the Option, or if Grantee no longer owns the Option Shares, Grantee shall pay to the Company the amount of any proceeds received as a result of any sale or other disposition of the Option Shares (or, in the event Grantee transferred the Option Shares by gift or otherwise without consideration, the fair market value of the Option Shares on the date of such gift or other transfer), net of the exercise price originally paid by Grantee for the Option Shares. The payment shall be made in such manner and on such terms and conditions as may be required by the Company. The Company also shall be entitled to set off against the amount of any such payment any amounts otherwise owed to Grantee by the Company. Additionally, notwithstanding any other provision of this Agreement, during the first thirty (30) days after the Grantee’s Termination of Service for any reason other than Cause, the Company shall have the right to re-characterize such Termination of Service as a Termination of Service for Cause if such circumstances existCause, and, upon such re-characterization, the foregoing provisions shall apply.

Termination of Service for Cause. Notwithstanding any other provision hereof, in In the event of the Grantee’s Termination of Service for Cause, (i) all of the Grantee’s RSUs entire Option (whether or not vested) shall terminate and expire upon such Termination of Service and (ii) the Committee, within the one year following the Grantee’s Termination of Service for Cause, may rescind the prior exercise and/or vesting and/or settlement of all or any portion of Grantee’s RSUs that vested any equity right and/or were settled by the delivery of any Option Shares previously under this Agreement. For purposes of this Agreement, the RSUs that vested and/or were settled by the delivery of Option Shares previously under this Agreement shall include without limitation any Shares shares or other property received by Grantee with respect to the RSUs that vested and/or were settled previously under this Agreement Option Shares covered by Gxxxxxx’s equity rights as a result of a stock split or other similar transaction. In the event of any such rescission, Grantee shall return to the Company any Option Shares that became vested and were delivered previously under this Agreementreceived upon the prior exercise of the Option, or if Grantee no longer owns the Option Shares, Grantee shall pay to the Company the amount of any proceeds received as a result of any sale or other disposition of the Option Shares (or, in the event Grantee transferred the Option Shares by gift or otherwise without consideration, the fair market value of the Option Shares on the date of such gift or other transfer), net of the exercise price originally paid by Grantee for the Option Shares. The payment shall be made in such manner and on such terms and conditions as may be required by the Company. The Company also shall be entitled to set off against the amount of any such payment any amounts otherwise owed to Grantee by the Company. Additionally, notwithstanding any other provision of this Agreement, during the first thirty (30) days after the Grantee’s Termination of Service for any reason other than Cause, the Company shall have the right to re-characterize such Termination of Service as a Termination of Service for Cause if such circumstances exist, and, upon such re-characterization, the foregoing provisions shall apply.