Common use of Amendment of Subsection Clause in Contracts

Amendment of Subsection. 6.5(A). Subsection 6.5(a) of the Employment Agreement is amended by deleting the terms of that subsection in their entirety and substituting the following in their place, reading in their entirety as follows: If the Employee terminates this Agreement for Good Reason, or if the Company terminates this Agreement other than for Cause (but not because of the Disability or death of the Employee), or if the Company notifies the Employee in accordance with Section 2.2 that this Agreement will not be renewed as of an applicable expiration date, the Company will pay the Employee (i) the Employee's Salary for the remainder, if any, of the calendar month in which such termination is effective and for twenty-four consecutive calendar months thereafter, (ii) the amount of the Employee's targeted incentive compensation for the year during which the termination is effective (prorated for the period from the beginning of the year until the effective date of termination), and (iii) the sum of two times the amount of targeted incentive compensation for the year in which the termination was effective (such amount to be determined as if the Employee had been employed for the entire year and not be prorated as described in clause (ii) above), payable in equal monthly installments over the Post-Employment Period. Notwithstanding the preceding sentence, if the Employee obtains other employment prior to the end of the twenty-four months following the month in which the termination or expiration is effective, he must promptly give notice thereof to the Company, and the payments under this Agreement for any period after the Employee obtains other employment will be reduced by the amount of the cash compensation received and to be received by the Employee from the Employee's other employment for services performed during such period.

Amendment of Subsection. 6.5(A). Subsection 6.5(a) of the Employment Agreement is amended by deleting the terms of that subsection in their entirety and substituting the following in their place, reading in their entirety as follows: If the Employee terminates this Agreement for Good Reason, or if the Company terminates this Agreement other than for Cause (but not because of the Disability or death of the Employee), or if the Company notifies the Employee in accordance with Section 2.2 that this Agreement will not be renewed as of an applicable expiration date, the Company will pay the Employee (i) the Employee's Salary for the remainder, if any, of the calendar month in which such termination is effective and for twenty-four twelve consecutive calendar months thereafter, (ii) the amount of the Employee's targeted incentive compensation for the year during which the termination is effective (prorated for the period from the beginning of the year until the effective date of termination), and (iii) with respect to the sum of two times Post-Employment Period, an additional amount equal to the full amount of the Employee's targeted incentive compensation for the year in which the termination was effective (such amount to be determined as if the Employee had been employed for the entire year and not be prorated as described in clause (ii) above), payable in equal monthly installments over the Post-Employment Period. Notwithstanding the preceding sentence, if the Employee obtains other employment prior to the end of the twentyPost-four months following the month in which the termination Employment Period or expiration is effectiveany extension thereof, he must promptly give notice thereof to the Company, and the payments under this Agreement for any period after the Employee obtains other employment will be reduced by the amount of the cash compensation received and to be received by the Employee from the Employee's other employment for services performed during such period.

Amendment of Subsection. 6.5(A). Subsection 6.5(a) of the Employment Agreement is amended by deleting the terms of that subsection in their entirety and substituting the following in their place, reading in their entirety as follows: If the Employee terminates this Agreement for Good Reason, or if the Company terminates this Agreement other than for Cause (but not because of the Disability or death of the Employee), or if the Company notifies the Employee in accordance with Section 2.2 that this Agreement will not be renewed as of an applicable expiration date, the Company will pay the Employee (i) the Employee's Salary for the remainder, if any, of the calendar month in which such termination is effective and for twenty-four consecutive calendar months thereafter, (ii) the amount of the Employee's targeted incentive compensation for the year during which the termination is effective (prorated for the period from the beginning of the year until the effective date of termination), and (iii) the sum of two times the amount of the Employee's targeted incentive compensation for the year in which the termination was effective (such amount to be determined as if the Employee had been employed for the entire year and not be prorated as described in clause (ii) above), payable in equal monthly installments over the Post-Employment Period. Notwithstanding the preceding sentence, if the Employee obtains other employment prior to the end of the twenty-four months following the month in which the termination or expiration is effective, he must promptly give notice thereof to the Company, and the payments under this Agreement for any period after the Employee obtains other employment will be reduced by the amount of the cash compensation received and to be received by the Employee from the Employee's other employment for services performed during such period.

Amendment of Subsection. 6.5(A). Subsection 6.5(a) of the Employment Agreement is amended by deleting the terms of that subsection in their entirety and substituting the following in their place, reading in their entirety as follows: If the Employee terminates this Agreement for Good Reason, or if the Company terminates this Agreement other than for Cause (but not because of the Disability or death of the Employee), or if the Company notifies the Employee in accordance with Section 2.2 that this Agreement will not be renewed as of an applicable expiration date, the Company will pay the Employee (i) the Employee's Salary for the remainder, if any, of the calendar month in which such termination is effective and for twenty-four twelve consecutive calendar months thereafter, (ii) the amount of the Employee's targeted incentive compensation for the year during which the termination is effective (prorated for the period from the beginning of the year until the effective date of termination), and (iii) with respect to the sum of two times Post-Employment Period, an additional amount equal to the full amount of the Employee's targeted incentive compensation for the year in which the termination was effective (such amount to be determined as if the Employee had been employed for the entire year and not be prorated as described in clause (ii) above), payable in equal monthly installments over the Post-Employment Period. Notwithstanding the preceding sentence, if the Employee obtains other employment prior to the end of the twenty-four twelve months following the month in which the termination or expiration is effective, he must promptly give notice thereof to the Company, and the payments under this Agreement for any period after the Employee obtains other employment will be reduced by the amount of the cash compensation received and to be received by the Employee from the Employee's other employment for services performed during such period.