Common use of Burden and Standard of Proof Clause in Contracts

Burden and Standard of Proof. Except as otherwise expressly ---------------------------- provided in Section 2.11 hereof, in any proceeding (regardless of who initiates such proceeding) in which the payment of Severance Benefits or other benefits under Section 2 of this Agreement is at issue, the burden of proof as to whether there exists either Cause or Good Reason for purposes of this Agreement shall be upon the Company or its successor, and the standard of proof to be met with respect thereto shall be clear and convincing evidence.

Burden and Standard of Proof. Except as otherwise expressly ---------------------------- provided in Section 2.11 hereof, in any proceeding (regardless of who initiates such proceeding) in which the payment of Severance Benefits or other benefits under Section 2 of this Agreement is at issue, the burden of proof as to whether there exists either Cause or Good Reason for purposes of this Agreement shall be upon the Company or its successor, and the standard of proof to be met with respect thereto shall be clear and convincing evidence.