Common use of POOR PERFORMANCE Clause in Contracts

POOR PERFORMANCE. In the event of Officer's termination for Poor Performance, as defined in Section 5.1.4, the benefits payable to Officer shall depend upon Officer's position and years of continuous service to Employer or its affiliates. If Officer had five (5) or fewer years of continuous service as of the Termination Date, Officer shall be entitled to payment of Officer's base salary through the Termination Date, and to continuation of Officer's base salary, reduced by 50%, for the lesser of one year or the number of months remaining in the term of this Agreement as of the Termination Date, subject to Section 5.2.8. If Officer had more than five (5) years of continuous service as of the Termination Date, or if Officer is a director, officer or principal stockholder of Employer or of any of its affiliates as described in Section 16(a) of the Exchange Act ("Section 16 Employee"), Officer shall be entitled to payment of Officer's base salary through the Termination Date, and to continuation of Officer's base salary for the lesser of one year or the number of months remaining in the term of this Agreement as of the Termination Date, subject to Section 5.2.8, and to the additional benefit described in Section 5.2.9, if allowed by law. Regardless of Officer's position or years of service, Officer shall also be entitled to any accrued but unpaid vacation benefits, to any other Vested Benefits, and to Officer's incentive compensation award for the year in which Officer was terminated, prorated to the Termination Date, but to no other payments or benefits whatsoever.

POOR PERFORMANCE. In the event of Officer's ’s termination for Poor Performance, as defined in Section 5.1.4, the benefits payable to Officer shall depend upon Officer's ’s position and years of continuous service to Employer or its affiliates. If Officer had five (5) or fewer years of continuous service as of the Termination Date, Officer shall be entitled to payment of Officer's ’s base salary through the Termination Date, and to continuation of Officer's ’s base salary, reduced by 50%, for the lesser of one year or the number of months remaining in the term of this Agreement as of the Termination Date, subject to Section 5.2.8. If Officer had more than five (5) years of continuous service as of the Termination Date, or if Officer is a director, officer or principal stockholder of Employer or of any of its affiliates as described in Section 16(a) of the Exchange Act ("“Section 16 Employee"”), Officer shall be entitled to payment of Officer's ’s base salary through the Termination Date, and to continuation of Officer's ’s base salary for the lesser of one year or the number of months remaining in the term of this Agreement as of the Termination Date, subject to Section 5.2.8, and to the additional benefit described in Section 5.2.9, if allowed by law. Regardless of Officer's ’s position or years of service, Officer shall also be entitled to any accrued but unpaid vacation benefits, to any other Vested Benefits, and to Officer's ’s incentive compensation award for the year in which Officer was terminated, prorated to the Termination Date, but to no other payments or benefits whatsoever.