Common use of Termination on Death or Disability Clause in Contracts

Termination on Death or Disability. Upon the termination of the Restricted Stockholder’s employment or service agreement due to death or disability: (a) the Performance Period shall be deemed to have been completed, and the Vesting Date shall be deemed to have occurred, on the effective date of such employment termination; and (b) a number of Shares of Restricted Stock shall vest in an amount equal to the number of Target Shares multiplied by a fraction, the numerator of which is the number of full months in the Performance Period during which the Restricted Stockholder was an active employee and the denominator of which is the total number of months in the original Performance Period. A partial month worked shall be counted as a full month if the Restricted Stockholder was an active employee for fifteen (15) days or more in that month. No Additional Shares shall be granted, and all Shares of Restricted Stock that do not vest in accordance with this provision shall be forfeited.

Termination on Death or Disability. Upon the termination of the Restricted Stockholder’s employment or service agreement before the Vesting Date due to death or disabilityDisability: (a) the Performance Period shall be deemed to have been completed, and the Vesting Date shall be deemed to have occurred, on the effective date of such employment termination; and (b) a number of Shares of Restricted Stock shall vest in an amount equal to the number of Target Shares multiplied by a fraction, the numerator of which is the number of full months in the Performance Period during which the Restricted Stockholder was an active employee and the denominator of which is the total number of months in the original Performance Period. A Period (a partial month worked shall be counted as a full month if the Restricted Stockholder was an active employee for fifteen (15) days or more in that month. No ); (c) no Additional Shares shall be granted, issued to the Restricted Stockholder; and (d) all Shares of Restricted Stock that do not vest in accordance with this provision shall be forfeited.