Grouped Into 11 Collections of Similar Clauses From Business Contracts
This page contains Death clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Death. If the Executive dies during the Term, the Executive's employment shall terminate on the date of death and the Company shall pay to the Executive's executor, legal representative, administrator or designated beneficiary, as applicable, any Accrued Obligations. Otherwise, the Company shall have no further liability or obligation under this Agreement to the Executive's executors, legal representatives, administrators, heirs or assigns or any other person claiming under or through the Executive.
Death. If the Executive dies during the Term, the Executive's employment shall terminate on the date of death and the Company shall pay any Accrued Obligations to the Executive's executor, legal representative, administrator or designated beneficiary, as applicable, any Accrued Obligations. applicable. Otherwise, the Company shall have no further liability or obligation under this Agreement to the Executive's executors, legal representatives, administrators, heirs or assigns or any other person claimin...g under or through the Executive. 4 12. Resignation of Positions. Effective as of the date of any termination of employment for any reason, the Executive will be automatically deemed to resign from all Company-related positions, including as an officer and director of the Company and its parents, subsidiaries and Affiliates, as applicable, and shall execute all documentation necessary to effectuate such resignation(s). View More
Death. If the Executive dies during the Term, the Executive's employment shall terminate on the date of death and the Company Employer shall pay to the Executive's executor, legal representative, administrator or designated beneficiary, as applicable, any Accrued Obligations. Obligations, any Accrued Annual Bonus, and any Accrued PSUs. Otherwise, the Company Employer shall have no further liability or obligation under this Agreement to the Executive's executors, legal representatives, administrators, h...eirs or assigns or any other person claiming under or through the Executive. View More
Death. If the Executive dies during while employed by the Term, Company, the Executive's employment shall terminate on the date of death and the Company shall pay to the Executive's executor, legal representative, administrator or designated beneficiary, as applicable, any Accrued Obligations. amounts earned, accrued and owing but not yet paid under Section 2 above and any benefits accrued and due under any applicable benefit plans and programs of the Company, payable in accordance with the terms and c...onditions thereof. In addition, if the Executive dies while employed by the Company, the Executive shall be entitled to receive the Pro Rata Bonus. Otherwise, the Company shall have no further liability or obligation under this Agreement to the Executive's executors, legal representatives, administrators, heirs or assigns or any other person claiming under or through the Executive. View More
Death. If the Optionee dies prior to the Expiration Date, then this Option may be exercised by the Optionee's estate, personal representative or beneficiary who acquired the right to exercise this Option by bequest or inheritance or by reason of the Optionee's death, to the extent of the number of Common Shares with respect to which the Optionee could have exercised it on the date of his or her death, at any time prior to the earlier of (i) the Expiration Date or (ii) one year after the date of the Opt...ionee's death. Any part of the Option that was not exercisable immediately before the Optionee's death shall terminate at that time.View More
Death. If the Optionee dies during his or her employment and prior to the Expiration Date, the Optionee's employment is terminated as of consequence of such death, then this the Option may be exercised by the Optionee's estate, personal representative or beneficiary who acquired the right to exercise this the Option by bequest or inheritance or by reason of the Optionee's death, to the extent of the number of Common Shares with respect to which the Optionee could have exercised it on the date of his or... her death, at any time prior to within twelve months after the earlier of (i) Optionee's death, but in no event after the Expiration Date or (ii) one year after the date of the Optionee's death. Date. Any part of the Option that was not exercisable immediately before the Optionee's death shall terminate at that time. View More
Death. If the Optionee dies during the period of his or her services and prior to the Expiration Date, or if the Optionee's services are terminated for any reason (as described in Paragraphs 7 and 8) and the Optionee dies following his or her termination of services but prior to the earliest of (i) the Expiration Date, or (ii) the expiration of the period determined under Paragraph 7 or 8 (as applicable to the Optionee), then this Option may be exercised by the Optionee's estate, personal representativ...e or beneficiary who acquired the right to exercise this Option by bequest or inheritance or by reason of the Optionee's death, to the extent of the number of Common Shares with respect to which the Optionee could have exercised it on the date of his or her death, at any time prior to the earlier of (i) the Expiration Date or (ii) one year after the date of the Optionee's death. Any part of the Option that was not exercisable immediately before the Optionee's death shall terminate at that time. View More
Death. If the Optionee dies prior to the Expiration Date, then this Option may be exercised by the Optionee's estate, personal representative or beneficiary who acquired the right to exercise this Option by bequest or inheritance or by reason of the Optionee's death, to the extent of the number of Common Shares with respect to which the Optionee could have exercised it on the date of his or her death, at any time prior to the earlier of (i) the Expiration Date or (ii) one year after the date of the Opt...ionee's death. Any part of the Option that was not exercisable immediately before the Optionee's death shall terminate at that time. View More
Death. Any distribution or delivery to be made to you under this Agreement will, if you are then deceased, be made to the administrator or executor of your estate. The administrator or executor must furnish the Company with (a) written notice of his or her status as transferee, and (b) evidence satisfactory to the Company to establish the validity of the transfer and compliance with any applicable laws or regulations.
Death. Any distribution or delivery to be made to you under this Agreement will, if you are then deceased, be made to the administrator or executor of your estate. The administrator or executor must furnish the Company RLHC with (a) written notice of his or her status as transferee, and (b) evidence satisfactory to the Company RLHC to establish the validity of the transfer and compliance with any applicable laws or regulations.
Death. Any distribution or delivery to be made to you under this Agreement will, if you are then deceased, be made to the administrator or executor of your estate. The administrator estate or, if the Board or executor the Committee permits, your designated beneficiary. Any such transferee must furnish the Company with (a) written notice of his or her its status as transferee, and (b) evidence satisfactory to the Company to establish the validity of the transfer and compliance with any applicable laws o...r regulations. regulations that apply to the transfer. View More
Death. If Employee dies during the Term, Employer shall pay (i) Employee's Base Salary (based on the annual rate in effect on the date of death) through the date of death, and (ii) within ninety (90) days following the date of death, the Severance Benefits to his beneficiary last designated by written instrument delivered by Employee to Employer prior to the date of death. If no such designated beneficiary shall survive Employee, such payments and benefits shall be paid and provided to Employee's survi...ving spouse, or if none, to his lawful descendants per stirpes then living, or if none shall survive him, to the legal representative of his estate, or if none is appointed within ninety (90) days of the date of his death, to his heirs at law under the laws of the state in which he is domiciled at the date of his death. Any Severance Benefits payable under this Section 6 are in addition to any other benefits due to Employee's beneficiaries or dependents from Employer, under any Benefit Plan or Insurance Plan. Except as otherwise provided in this Section 6, in Section 24 of this Agreement, or in any Benefit Plan or Insurance Plan, Employer shall have no further obligations with respect to Employee or his beneficiaries or dependents under this Agreement following the date of his death. 7 7. Disability. (a) If Employee is Permanently Disabled for a continuous period of six (6) months during the Term, Cboe may terminate Employee's employment under this Agreement upon thirty (30) days prior written notice to Employee. In such event Employer shall pay to Employee (i) his accrued but unpaid Base Salary (based on the annual rate in effect on the date of termination) through the date of termination, and (ii) within thirty (30) days following the date of such termination, the Severance Benefits. (b) For purposes of this Agreement, the term "Permanently Disabled" shall have the meaning set forth in the long-term disability policy or plan maintained by Employer for its senior executives then in effect. In the absence of such a policy or plan, the term Permanently Disabled shall have the meaning ascribed to the term "disability" under Section 409A of the Internal Revenue Code of 1986, as amended (the "Code"), and the regulations and guidance promulgated thereunder. (c) Except as otherwise provided in this Section 7, in Section 24 of this Agreement, and in any Benefit Plan or Insurance Plan of Employer, Employer shall have no further obligation to Employee under this Agreement following the date his employment is terminated due to him becoming Permanently Disabled. Such termination shall have no effect upon Employee's rights under the Benefit Plans, the Insurance Plans and other employee policies and practices of Employer applicable to such termination.View More
Death. If Employee dies during the Term, Employer shall pay (i) Employee's Base Salary (based on the annual rate in effect on the date of death) through the date of death, and (ii) within ninety (90) days following the date of death, the Severance Benefits to his beneficiary last designated by written instrument delivered by Employee to Employer prior to the date of death. If no such designated beneficiary shall survive Employee, such payments and benefits shall be paid and provided to Employee's survi...ving spouse, or if none, to his lawful descendants per stirpes then living, or if none shall survive him, to the legal representative of his estate, or if none is appointed within ninety (90) days of the date of his death, to his heirs at law under the laws of the state in which he is domiciled at the date of his death. Any Severance Benefits payable under this Section 6 are in addition to any other benefits due to Employee's beneficiaries or dependents from Employer, under any Benefit Plan or Insurance Plan. Except as otherwise provided in this Section 6, in Section 24 of this Agreement, or in any Benefit Plan or Insurance Plan, Employer shall have 8 no further obligations with respect to Employee or his beneficiaries or dependents under this Agreement following the date of his death. 7 7. Disability. (a) If Employee is Permanently Disabled for a continuous period of six (6) months during the Term, Cboe may terminate Employee's employment under this Agreement upon thirty (30) days prior written notice to Employee. In such event Employer shall pay to Employee (i) his accrued but unpaid Base Salary (based on the annual rate in effect on the date of termination) through the date of termination, and (ii) within thirty (30) days following the date of such termination, the Severance Benefits. (b) For purposes of this Agreement, the term "Permanently Disabled" shall have the meaning set forth in the long-term disability policy or plan maintained by Employer for its senior executives then in effect. In the absence of such a policy or plan, the term Permanently Disabled shall have the meaning ascribed to the term "disability" under Section 409A of the Internal Revenue Code of 1986, as amended (the "Code"), and the regulations and guidance promulgated thereunder. (c) Except as otherwise provided in this Section 7, in Section 24 of this Agreement, and in any Benefit Plan or Insurance Plan of Employer, Employer shall have no further obligation to Employee under this Agreement following the date his employment is terminated due to him becoming Permanently Disabled. Such termination shall have no effect upon Employee's rights under the Benefit Plans, the Insurance Plans and other employee policies and practices of Employer applicable to such termination.View More
Death. (a) If the Executive dies during the Term, the Executive's employment shall terminate on the date of death and the Company shall pay to the Executive's executor, legal representative, administrator or designated beneficiary, as applicable, any amounts earned, accrued and owing but not yet paid under Section 2 above and any benefits accrued and due under any applicable benefit plans and programs of the Company, including with respect to the Option or shares acquired upon exercise thereof. (b) Exe...cutive acknowledges that his services are of substantial economic importance to the Company and that his death may cause result in substantial economic loss to the Company. To mitigate against that loss, Executive acknowledges and agrees that Company at its expense may obtain one or more policies of life insurance on Executive's life, and that the Company, or such other persons as may be designated by Company, may be named in Company's sole and absolute discretion as the beneficiary(ies) of the proceeds payable under the insurance policy upon Executive's death or as otherwise payable under the policy. Executive for himself, his executors, administrators, heirs, and assigns waives any claim or entitlement for any benefit or payment under any policy of insurance obtained by the Company, except as expressly stated to the contrary in a written instrument signed by a duly authorized officer of the Company other than Executive.View More
Death. (a) If the Executive dies during the Term, the Executive's employment shall terminate on the date of death and the Company shall pay to the Executive's executor, legal representative, administrator or designated beneficiary, as applicable, any amounts earned, accrued and owing but not yet paid under Section 2 above and any benefits accrued and due under any applicable benefit plans and programs of the Company, including with respect to the Option or shares acquired upon exercise thereof. (b) Exe...cutive acknowledges that his her services are of substantial economic importance to the Company and that his her death may cause result in substantial economic loss to the Company. To mitigate against that loss, Executive acknowledges and agrees that Company at its expense may obtain one or more policies of life insurance on Executive's life, and that the Company, or such other persons as may be designated by Company, may be named in Company's sole and absolute discretion as the beneficiary(ies) of the proceeds payable under the insurance policy upon Executive's death or as otherwise payable under the policy. Executive for himself, his her executors, administrators, heirs, and assigns waives any claim or entitlement for any benefit or payment under any policy of insurance obtained by the Company, except as expressly stated to the contrary in a written instrument signed by a duly authorized officer of the Company other than Executive. 4 11. Resignation of Positions. Effective as of the date of any termination of employment, the Executive will resign all Company-related positions, including as an officer of the Company and its parents, subsidiaries and affiliates. If the Executive continues owning shares of capital stock of the Company in excess of ten percent (10%) of the total issued and outstanding shares of the Company following termination of employment, the Executive may remain as a member of the Company's Board of Directors. View More
Death. Notwithstanding the provisions set forth in Section 5 above, in the event of the death of a French Participant, the Restricted Stock Units held by the French Participants at the time of death are transferable to the French Participant's heirs. The Company shall issue the underlying Shares to the French Participant's heirs, at their request, if such request occurs within six months following the death of the French Participant, as provided for in the Restricted Stock Unit Agreement. If the French... Participant's heirs do not request the issuance of the Shares underlying the Restricted Stock Units within six months following the French Participant's death, the Restricted Stock Units will be forfeited. Exhibit 10.1 The French Participant's heirs may freely sell the Shares notwithstanding the restriction on the sale of Shares set forth in Section 4(c) above to the extent and as long as applicable under French law.View More
Death. Notwithstanding the provisions set forth in Section 5 above, in the event of On the death of a French Participant, the any French-Qualified Restricted Stock Units held by the a French Participants Participant at the time of death are will become immediately vested and the underlying Shares transferable to the French Participant's heirs. The heirs, unless vesting of such French-Qualified Restricted Stock Units is also subject to performance-vesting conditions in which case the Restricted Stock Un...it Award Agreement delivered to the French Participant may provide that the underlying Shares will not become vested and transferable to the French Participant's heirs unless and until the performance vesting conditions are satisfied. When the underlying Shares become transferable, the Company shall will issue the underlying Shares to the French Participant's heirs, heirs at their request, if provided the heirs contact the Company and request such request occurs transfer of the Shares within six months following the death of the French Participant, as provided for in the Restricted Stock Unit Agreement. Participant's death. If the French Participant's heirs do not request the issuance of the underlying Shares underlying the Restricted Stock Units within six months following of the French Participant's death, the French-Qualified Restricted Stock Units will be forfeited. Exhibit 10.1 The French Participant's heirs may freely sell the Shares notwithstanding the restriction will not be subject to any restrictions on the sale transfer of Shares set forth in Section 4(c) above to the extent and as long as applicable under French law. 5. View More
Death. If a Participant dies after the date of his or her Covered Termination but before all payments or benefits to which such Participant is entitled pursuant to the Plan have been paid or provided, payments will be made to any beneficiary designated by the Participant prior to or in connection with such Participant's Covered Termination or, if no such beneficiary has been designated, to the Participant's estate. For the avoidance of doubt, if a Participant dies during such Participant's applicable S...everance Period, Benefits Continuation will continue for the Participant's applicable dependents for the remainder of the Participant's Severance Period.View More
Death. If a Participant dies after the date of his or her Covered Termination but before all payments or benefits to which such Participant is entitled pursuant to the Plan have been paid or provided, payments will be made to any beneficiary designated by the Participant prior to or in connection with such Participant's Covered Termination or, if no such beneficiary has been designated, to the Participant's estate. For the avoidance of doubt, if a Participant dies during such Participant's applicable S...everance Period, Benefits Continuation will continue for the Participant's applicable dependents for the remainder of the Participant's Severance Period. 7 11. Withholding. The Company may withhold from any payment or benefit under the Plan: (a) any federal, state, or local income or payroll taxes required by law to be withheld with respect to such payment; (b) such sum as the Company may reasonably estimate is necessary to cover any taxes for which the Company may be liable and which may be assessed with regard to such payment; and (c) such other amounts as appropriately may be withheld under the Company's payroll policies and procedures from time to time in effect. View More
Death. Notwithstanding anything to the contrary in the Plan, if a Participant dies after his or her Involuntary Termination and after the Participant (or the authorized representative of the Participant's estate) have timely executed and returned the applicable Release to the Administrator (without having timely revoked it) but before receiving all of the Severance Benefits otherwise payable to him or her, such benefits instead will be paid to the executor of the Participant's estate, on behalf of the ...estate, at the time(s) and in the form(s) applicable to such Severance Benefits under the Plan.View More
Death. Notwithstanding anything to the contrary in the Plan, if a Participant dies after his or her Involuntary Termination and after the Participant (or the authorized representative of the Participant's estate) have has timely executed and returned the applicable Release to the Administrator (without having timely revoked it) but before receiving all of the Severance Benefits payments and benefits otherwise payable to him or her, such remaining payments and benefits instead will be paid to the execut...or of the Participant's estate, on behalf of the estate, at the time(s) and in the form(s) applicable to such Severance Benefits payments and benefits, as applicable, under the Plan. View More
Death. Notwithstanding anything to the contrary in the Plan, if a Participant dies after his or her Involuntary Termination and after the Participant (or the authorized representative of the Participant's estate) have timely executed and returned the Severance Release or the Retention Release, as applicable, to the Administrator (without having timely revoked it) but before receiving all of the payments and benefits otherwise payable to him or her, such remaining payments and benefits instead will be p...aid to the executor of the Participant's estate, on behalf of the estate, at the time(s) and in the form(s) applicable to such payments and benefits, as applicable, under the Plan.24.No Enlargement of Employment Rights. Neither the establishment or maintenance or amendment of the Plan, nor the making of any benefit payment hereunder, will be construed to confer upon any individual any right to continue to be an employee of the Company, the Employer or any parent, subsidiary or other affiliate of the Company. The Company and the applicable Employers expressly reserve the right to discharge any of their employees at any time and for any reason, with or without cause or notice, as permitted by applicable law. However, as described in the Plan, a Participant may be entitled to benefits under the Plan depending upon the circumstances of the termination of his or her employment.25.Successors. Any successor to the Company of all or substantially all of the Company's business and/or assets (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or other transaction) will assume the obligations under the Plan and agree expressly to perform the obligations under the Plan in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under the Plan, the term "Company" will include any successor to the Company's business and/or assets which become bound by the terms of the Plan by operation of law, or otherwise.26.Applicable Law. The Plan is intended to be an unfunded deferred compensation plan within the meaning of U.S. Department of Labor Regulations Section 2520.104-23 and will be construed, administered and enforced as such in accordance with ERISA. The provisions of the Plan will be construed, administered and enforced in accordance with ERISA and, to the extent applicable, the internal substantive laws of the State of California (but not its conflict of laws provisions).View More
Death. Notwithstanding anything to the contrary in the Plan, if a Participant dies after his or her Involuntary Termination and after the Participant (or the authorized representative of the Participant's estate) have timely executed and returned the Severance Release or the Retention Release, as applicable, to the Administrator (without having timely revoked it) but before receiving all of the payments and benefits otherwise payable to him or her, such remaining payments and benefits instead will be p...aid to the executor of the Participant's estate, on behalf of the estate, at the time(s) and in the form(s) applicable to such payments and benefits, as applicable, under the Plan.24.No Plan.23.No Enlargement of Employment Rights. Neither the establishment or maintenance or amendment of the Plan, nor the making of any benefit payment hereunder, will be construed to confer upon any individual any right to continue to be an employee of the Company, the Employer or any parent, subsidiary or other affiliate of the Company. The Company and the applicable Employers expressly reserve the right to discharge any of their employees at any time and for any reason, with or without cause or notice, as permitted by applicable law. However, as described in the Plan, a Participant may be entitled to benefits under the Plan depending upon the circumstances of the termination of his or her employment.25.Successors. Any successor to the Company of all or substantially all of the Company's business and/or assets (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or other transaction) will assume the obligations under the Plan and agree expressly to perform the obligations under the Plan in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under the Plan, the term "Company" will include any successor to the Company's business and/or assets which become bound by the terms of the Plan by operation of law, or otherwise.26.Applicable Law. The Plan is intended to be an unfunded deferred compensation plan within the meaning of U.S. Department of Labor Regulations Section 2520.104-23 and will be construed, administered and enforced as such in accordance with ERISA. The provisions of the Plan will be construed, administered and enforced in accordance with ERISA and, to the extent applicable, the internal substantive laws of the State of California (but not its conflict of laws provisions). employment. View More
Death. The Executive's employment under this Agreement automatically shall terminate on account of his death during the Term. 4 9. Benefits for Termination by the Company Without Cause or Resignation by the Executive for Good Reason. In addition to any rights under Section 4, in the event that during the Term of this Agreement (i) the Company terminates the Executive's employment for any reason other than Cause or Disability or (ii) the Executive terminates his employment for Good Reason, the Executive... shall be entitled to receive his Accrued Compensation (defined in Section 10) and a severance payment from the Company (the "Severance Payment"). The Severance Payment shall be made in a lump sum as soon as reasonably practicable, but in no event less than fifteen (15) or more than sixty (60) days, following the Termination Date. Any payment under this Section 9 shall be subject to required withholding taxes. The amount of the Severance Payment shall be one million dollars ($1,000,000). Notwithstanding the foregoing, the Company's obligation to pay the Severance Payment shall be conditioned upon receipt from the Executive of a Waiver and Release pursuant to Section 11 hereof.View More
Death. The Executive's employment under this Agreement automatically shall terminate on account of his death during the Term. 4 9. 3 8. Benefits for Termination by the Company Without Cause or Resignation by the Executive for Good Reason. In addition to any rights under Section 4, in the event that during the Term of this Agreement (i) the Company terminates the Executive's employment for any reason other than Cause or Disability or Disability, (ii) the Executive terminates his employment for Good Reas...on, or (iii) the Company elects not to renew the term of this Agreement pursuant to Section 1(c) hereof, the Executive shall be entitled to receive his Accrued Compensation (defined in Section 10) 9) and a severance payment from the Company (the "Severance Payment"). The Severance Payment shall be made in a lump sum as soon as reasonably practicable, but in no event less than fifteen (15) or more than sixty (60) days, following the Termination Date. effective date of the employment termination. Any payment under this Section 9 8(a) shall be subject to required withholding taxes. The amount of the Severance Payment shall be the dollar amount equal to one million dollars ($1,000,000). and one-half (1.5) times the amount of the Executive's Base Salary in effect on the date of his termination of employment from the Company (the "Termination Date") without giving effect to any reduction in Base Salary that would constitute Good Reason. Notwithstanding the foregoing, the Company's obligation to pay the Severance Payment shall be conditioned upon receipt from the Executive of a Waiver and Release pursuant to Section 11 10 hereof. View More
