Example ContractsClausestermination for disabilityVariants
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Disability. If your employment is terminated by your employer due to your Disability, then any unearned Restricted Stock Units (and any related dividend equivalents) shall continue to become earned and payable at such time as provided in the Payment Schedule described in paragraph # above (without regard to whether you are employed by or its Subsidiaries), subject to your complying with the covenants set forth in paragraph # below and subject to the performance-based cancellation provision set forth in paragraph # below. Notwithstanding anything in this paragraph (b)(ii) to the contrary, upon your death following a termination of employment by your employer due to Disability, any unearned Restricted Stock Units (and any related dividend equivalents) that are continuing to become earned and payable in accordance with the provisions of this paragraph (b)(ii), but have not yet become earned and payable, shall become immediately earned and payable as of the date of your death, and payment will be made as soon as administratively practicable following your death.

Disability. If your employment is terminated by your employer due to your Disability, then any unearned Restricted Stock Units (and any related dividend equivalents) shall continue to become earned and payable at such time as provided in the Payment Schedule described in paragraph # above (without regard to whether you are employed by [[Bank of America" data-ad-field-type="organization" data-ad-field-json='{"name":"Bank[[Bank of America","type":"organization","canGuess":{"name":false,"type":false}}'>​Organization]] or its Subsidiaries), subject to your complying with the covenants set forth in paragraph # below and subject to the performance-based cancellation provision set forth in paragraph # below. Notwithstanding anything in this paragraph (b)(ii) to the contrary, upon your death following a termination of employment by your employer due to Disability, any unearned Restricted Stock Units (and any related dividend equivalents) that are continuing to become earned and payable in accordance with the provisions of this paragraph (b)(ii), but have not yet become earned and payable, shall become immediately earned and payable as of the date of your death, and payment will be made as soon as administratively practicable following your death.

Disability. If your employment is terminated by your employer[[Bank of America:Organization]] or its Subsidiaries due to your Disability, then any unearnedthe Restricted Stock Units (and any related dividend equivalents) shall continue to become earned and payable at such time as provided in the Payment Schedule described inaccordance with paragraph # above (without regard to whether you are employed by [[Bank of America:Organization]] or its Subsidiaries)Subsidiaries as of the Settlement Date), subject to your complying with the covenants set forth in paragraph # below and subject to the additional performance-based cancellation provision set forth in paragraph # below. Notwithstanding anything in this paragraph (b)(ii) to the contrary, upon your death following a termination of employment by your employer[[Bank of America:Organization]] or its Subsidiaries due to your Disability, any unearnedthe Restricted Stock Units (and any related dividend equivalents) that are continuing to become earned and payable in accordance with the provisions of this paragraph (b)(ii), but have not yet become earned and payable, shall become immediately earned and payable as of the date of your death, and payment will be made as soon as administratively practicable following your death.

Disability.QUALIFYING TERMINATION. If your employment terminates for any reason other than your death, Disability, Cause or in connection with a Change in Control as described in paragraph (b)(iv) above and your termination of employment is terminated by your employer due to your Disability,a Qualifying Termination, then any unearned Restricted Stock Units (and any related dividend equivalents) shall continue to become earned and payable at such time as provided in accordance with the Payment Schedule described in paragraph # above (without regard to whether you are employed by [[Bank of America:Organization]] or its Subsidiaries), subject to your complying with the covenants set forth in paragraph # below andabove subject to the performance-based cancellation provision set forth in paragraph # below. Notwithstanding anything in this paragraph (b)(ii)below, provided that # to the contrary, upon your death following a termination of employment by your employer due to Disability, any unearned Restricted Stock Units (and any related dividend equivalents) that are continuing to become earned and payableextent permissible under applicable law, you do not engage in accordanceCompetition during such period, # you comply with the provisionscovenants described in paragraph # below and # prior to each payment date, you provide this paragraph (b)(ii), butAmerica" data-ad-field-type="organization" data-ad-field-json='{"name":"Bank of this paragraph (b)(ii), butAmerica","type":"organization","canGuess":{"name":false,"type":false}}'>​ with a certification that you have not yet become earned and payable, shall become immediately earned and payable as ofengaged in Competition to the date of your death, and payment will be made as soon as administratively practicable following your death.extent the Competition restriction in # above is applicable.

Disability.QUALIFYING TERMINATION. If your employment terminates for any reason other than your death, Disability, Cause or in connection with a Change in Control as described in paragraph (b)(iv) above and your termination of employment is terminated by your employer due to your Disability,a Qualifying Termination, then any unearned Restricted Stock Units (and any related dividend equivalents) shall continue to become earned and payable at such time as provided in accordance with the Payment Schedule described in paragraph # above (without regard to whether you are employed by or its Subsidiaries), subject to your complying with the covenants set forth in paragraph # below andabove subject to the performance-based cancellation provision set forth in paragraph # below.below, provided that # to the extent permissible under applicable law, you do not engage in Competition during such period, # you comply with the covenants described in paragraph # below; and # prior to each payment date, you provide [[Bank of America:Organization]] with a written certification that you have not engaged in Competition to the extent the Competition restriction in # above is applicable. To be effective, such certification must be provided on such form, at such time and pursuant to such procedures as [[Bank of America:Organization]] shall establish from time to time. If [[Bank of America:Organization]] determines in its reasonable business judgment that you have failed to satisfy any of the foregoing requirements, then any unearned Restricted Stock Units (and any related dividend equivalents) shall be immediately canceled as of the date of such determination. In addition, from time to time following your Qualifying Termination, [[Bank of America:Organization]] may require you to further certify that you are not engaging in Competition, and if you fail to fully cooperate with any such requirement [[Bank of America:Organization]] may determine that you are engaging in Competition. Notwithstanding anything in this paragraph (b)(ii)# to the contrary, upon your death following a termination of employment by your employer due to Disability,Qualifying Termination, any unearned Restricted Stock Units (and any related dividend equivalents) that are continuing to become earned and payable in accordance with the provisions of this paragraph (b)(ii)(c), but have not yet become earned and payable, shall become immediately earned and payable as of the date of your death, and payment will be made as soon as administratively practicable following your death. Notwithstanding anything in this Agreement to the contrary, if # you are a permanent resident of California or # you are a tax resident of California who is assigned to perform services for [[Bank of America:Organization]] or any Subsidiary from an office located in California, the Competition restriction described in # above and the certification requirement described in # above will not apply to this Award.

Disability.IMPACT OF TERMINATION OF EMPLOYMENT ON RESTRICTED STOCK UNITS. If your employment is terminated by your employer duewith [[Bank of America:Organization]] and its Subsidiaries terminates prior to your Disability,any of the above payment dates, then any unearned Restricted Stock Units (and any related dividend equivalents) shall continue to become earned and payable at such timeor be canceled depending on the reason for termination as provided in the Payment Schedule described in paragraph # above (without regard to whether you are employed by or its Subsidiaries), subject to your complying with the covenants set forth in paragraph # below and subject to the performance-based cancellation provision set forth in paragraph # below. Notwithstanding anything in this paragraph (b)(ii) to the contrary, upon your death following a termination of employment by your employer due to Disability, any unearned Restricted Stock Units (and any related dividend equivalents) that are continuing to become earned and payable in accordance with the provisions of this paragraph (b)(ii), but have not yet become earned and payable, shall become immediately earned and payable as of the date of your death, and payment will be made as soon as administratively practicable following your death.follows.

Disability.IMPACT OF TERMINATION OF EMPLOYMENT ON RESTRICTED STOCK UNITS. If your employment is terminated by your employer duewith [[Bank of America:Organization]] and its Subsidiaries terminates prior to your Disability,any of the above payment dates, then any unearned Restricted Stock Units (and any related dividend equivalents) shall continue to become earned and payable at such timeor be canceled depending on the reason for termination as provided in the Payment Schedule described in paragraph # above (without regard to whether you are employed by or its Subsidiaries), subject to your complying with the covenants set forth in paragraph # below and subject to the performance-based cancellation provision set forth in paragraph # below. Notwithstanding anything in this paragraph (b)(ii) to the contrary, upon your death following a termination of employment by your employer due to Disability, any unearned Restricted Stock Units (and any related dividend equivalents) that are continuing to become earned and payable in accordance with the provisions of this paragraph (b)(ii), but have not yet become earned and payable, shall become immediately earned and payable as of the date of your death, and payment will be made as soon as administratively practicable following your death.follows.

Disability.QUALIFYING TERMINATION. If your employment terminates for any reason other than your death, Disability, Cause or in connection with a Change in Control as described in paragraph (b)(iv) above and your termination of employment is terminated by your employer due to your Disability,a Qualifying Termination, then any unearnedthe Restricted Stock Units (and any related dividend equivalents) shall continue to become earned and payable at such time as provided in the Payment Schedule described inaccordance with paragraph # above (without regard to whether you are employed by [[Bank_Bank of America:Organization]] orOrganization_ and its Subsidiaries), subject to your complying withSubsidiaries as of the covenants set forth in paragraph # below andSettlement Date), subject to the performance-based cancellation provision set forth in paragraph # below.below, provided that # to the extent permissible under applicable law, you do not engage in Competition during such period, # you comply with the covenants described in paragraph # below and # prior to March 1 of each year during which your Restricted Stock Units remain payable, you provide with a written certification that you have not engaged in Competition to the extent the Competition restriction in # above is applicable. To be effective, such certification must be provided on such form, at such time and pursuant to such procedures as shall establish from time to time. If determines in its reasonable business judgment that you have failed to satisfy any of the foregoing requirements, then the Restricted Stock Units (and any related dividend equivalents) shall be immediately canceled as of the date of such determination. In addition, from time to time following your Qualifying Termination, may require you to further certify that you are not engaging in Competition, and if you fail to fully cooperate with any such requirement may determine that you are engaging in Competition. Notwithstanding anything in this paragraph (b)(ii)# to the contrary, upon your death following a termination of employment by your employer due to Disability, any unearnedQualifying Termination, the Restricted Stock Units (and any related dividend equivalents) that are continuing to become earned and payable in accordance with the provisions of this paragraph (b)(ii)(c), but have not yet become earned and payable, shall become immediately earned and payable as of the date of your death, and payment will be made as soon as administratively practicable following your death. Notwithstanding anything in this Agreement to the contrary, if # you are a permanent resident of California or # you are a tax resident of California who is assigned to perform services for or any Subsidiary from an office located in California, the Competition restriction described in # above and the certification requirement described in # above will not apply to this Award.

Death or Disability. If your employment is terminated by your employer due to your Disability, then anyAny unearned portion of the Restricted Stock Units (and any related dividend equivalents) shall continue to become earned and payable at such time as provided in the Payment Schedule described in paragraph # above (without regard to whether you are employed by [[Bank of America:Organization]] or its Subsidiaries), subject to your complying with the covenants set forth in paragraph # below and subject to the performance-based cancellation provision set forth in paragraph # below. Notwithstanding anything in this paragraph (b)(ii) to the contrary, upon your death following a termination of employment by your employer due to Disability, any unearned Restricted Stock Units (and any related dividend equivalents) that are continuing to become earned and payable in accordance with the provisions of this paragraph (b)(ii), but have not yet become earned and payable, shall become immediately earned and payable as of the date of your death, and paymenttermination of employment if your termination is due to your death or Disability. Payment will be made as soon as administratively practicable following your death.practicable, generally within thirty (30) days after notification of termination from the payroll system.

Disability. IfAll Other Terminations. Unless your termination of employment is a Qualifying Termination as described below, in the case of All Other Terminations, any Restricted Stock Units (and any related dividend equivalents) that were not already earned and payable pursuant to paragraph # above as of the date of your termination of employment shall be canceled as of that date. [For Mr. Montag: Notwithstanding the foregoing or any other provision herein to the contrary, in accordance with the terms of your offer letter dated May 1, 2008, if your employment is terminated by [[Bank of America:Organization]] without “Cause” or you terminate your employer due toemployment forGood Reason” (as such terms are defined in your Disability,offer letter), then any unearned Restricted Stock Units (and any related dividend equivalents) shall continue to become earned and payable at such time as provided in accordance with the Payment Schedule describedset forth in paragraph # above (without regard to whether you are employed by [[Bank of America:Organization]] orand its Subsidiaries), subject to your complying with the covenants set forth in paragraph # below and subject to the performance-based cancellation provisionperformance condition set forth in paragraph # below. Notwithstanding anything in this paragraph (b)(ii) to the contrary, upon your death following a termination of employment by your employer due to Disability, any unearned Restricted Stock Units (and any related dividend equivalents) that are continuing to become earned and payable in accordance with the provisions of this paragraph (b)(ii), but have not yet become earned and payable, shall become immediately earned and payable as of the date of your death, and payment will be made as soon as administratively practicable following your death.]

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