Common use of Certain Terminations not in Connection with a Change in Control Clause in Contracts

Certain Terminations not in Connection with a Change in Control. If either the Company terminates the Employee’s employment without Cause or the Employee terminates the Employee’s employment for Good Reason, and in either event a Change in Control has not occurred within the one year preceding the termination of employment and does not occur within ninety (90) days after the termination of employment, the Company shall be obligated to continue to pay the Employee the Employee’s annual base salary at the time of termination of employment for two (2) years after termination of employment. Payments made under this Section 4(e) shall be paid as a salary continuation on the same schedule that applied while the Employee was employed, provided, however, that no payment hereunder shall be paid until sixty (60) days after the Employee’s termination of employment, at which time the Employee shall be paid a lump sum equal to the payments accumulated to such date, and thereafter payment of the unpaid balance shall continue on what would have otherwise been the original payment schedule for such unpaid balance. Notwithstanding the foregoing, if the payment of severance hereunder would fail to meet the requirements of Section 409A(a)(l) of the Internal Revenue Code because the Employee is a “specified employee” (within the meaning of Section 409A of the Internal Revenue Code), no payment hereunder shall be made until six months after the Employee’s termination of employment, at which time the Employee shall be paid a lump sum equal to what would otherwise have been the first six months’ of such payments, and thereafter payment of the unpaid balance shall continue on what would otherwise have been the original payment schedule for such unpaid balance.

Certain Terminations not in Connection with a Change in Control. If either the Company terminates the Employee’s 's employment without Cause or the Employee terminates the Employee’s 's employment for Good Reason, and in either event a Change in Control has not occurred within the one year preceding the termination of employment and does not occur within ninety (90) days after the termination of employment, the Company shall be obligated to continue to pay the Employee the Employee’s 's annual base salary at the time of termination of employment for two one (21) years year after termination of employment. Payments made under this Section 4(e) shall be paid as a salary continuation on the same schedule that applied while the Employee was employed, provided, however, that no payment hereunder shall be paid until sixty (60) days after the Employee’s 's termination of employment, at which time the Employee shall be paid a lump sum equal to the payments accumulated to such date, and thereafter payment of the unpaid balance shall continue on what would have otherwise been the original payment schedule for such unpaid balance. Notwithstanding the foregoing, if the payment of severance hereunder would fail to meet the requirements of Section 409A(a)(l) of the Internal Revenue Code because the Employee is a “"specified employee” " (within the meaning of Section 409A of the Internal Revenue Code), no payment hereunder shall be made until six months after the Employee’s 's termination of employment, at which time the Employee shall be paid a lump sum equal to what would otherwise have been the first six months’ ' of such payments, and thereafter payment of the unpaid balance shall continue on what would otherwise have been the original payment schedule for such unpaid balance.

Certain Terminations not in Connection with a Change in Control. If either the Company terminates the Employee’s 's employment without Cause or the Employee terminates the Employee’s 's employment for Good Reason, and in either event a Change in Control has not occurred within the one year preceding the termination of employment and does not occur within ninety (90) days after the termination of employment, the Company shall be obligated to continue to pay the Employee the Employee’s 's annual base salary at the time of termination of employment for two one (21) years year after termination of employment. Payments made under this Section 4(e) shall be paid as a salary continuation on the same schedule that applied while the Employee was employed, provided, however, that no payment hereunder shall be paid until sixty (60) days after the Employee’s 's termination of employment, at which time the Employee shall be paid a lump sum equal to the payments accumulated to such date, and thereafter payment of the unpaid balance shall continue on what would have otherwise been the original payment schedule for such unpaid balance. Notwithstanding the foregoing, if the payment of severance hereunder would fail to meet the requirements of Section 409A(a)(l) of the Internal Revenue Code because the Employee is a “specified employee” (within the meaning of Section 409A of the Internal Revenue Code), no payment hereunder shall be made until six months after the Employee’s 's termination of employment, at which time the Employee shall be paid a lump sum equal to what would otherwise have been the first six months’ ' of such payments, and thereafter payment of the unpaid balance shall continue on what would otherwise have been the original payment schedule for such unpaid balance.

Certain Terminations not in Connection with a Change in Control. If either the Company terminates the Employee’s employment without Cause or the Employee terminates the Employee’s employment for Good Reason, and in either event a Change in Control has not occurred within the one year preceding the termination of employment and does not occur within ninety (90) days after the termination of employment, the Company shall be obligated to continue to pay the Employee the Employee’s annual base salary at the time of termination of employment for two (2) years after termination of employment. Payments made under this Section 4(e) shall be paid as a salary continuation on the same schedule that applied while the Employee was employed, provided, however, that no payment hereunder shall be paid until sixty (60) days after the Employee’s termination of employment, at which time the Employee shall be paid a lump sum equal to the payments accumulated to such date, and thereafter payment of the unpaid balance shall continue on what would have otherwise been the original payment schedule for such unpaid balance. Notwithstanding the foregoing, if the payment of severance hereunder would fail to meet the requirements of Section 409A(a)(l409A(a)(1) of the Internal Revenue Code because the Employee is a “specified employee” (within the meaning of Section 409A of the Internal Revenue Code), no payment hereunder shall be made until six months after the Employee’s termination of employment, at which time the Employee shall be paid a lump sum equal to what would otherwise have been the first six months’ of such payments, and thereafter payment of the unpaid balance shall continue on what would otherwise have been the original payment schedule for such unpaid balance.