Common use of Change in Control Payment Clause in Contracts

Change in Control Payment. The provisions of this Section 5 set forth certain terms of an agreement reached between the Executive and the Employers regarding the Executive’s rights and obligations upon the occurrence of a Change in Control of the Company or the Operating Partnership. These provisions shall apply in lieu of, and expressly supersede, the provisions of Section 4(c) regarding severance pay and benefits upon a termination of Executive’s employment, if such termination of employment occurs within 18 months after the occurrence of the first event constituting a Change in Control. These provisions shall terminate and be of no further force or effect with respect to a Change in Control beginning 18 months after the occurrence of such Change in Control. Notwithstanding any provision of this Section 5 to the contrary, the provisions of subsection 5(a) shall apply in the event of any Change in Control, regardless of whether a termination of Executive’s employment occurs on or after such Change in Control.

Change in Control Payment. The provisions of this Section 5 set forth certain terms of an agreement reached between the Executive and the Employers regarding the Executive’s rights and obligations upon the occurrence of a Change in Control of the Company or the Operating Partnership. These provisions shall apply in lieu of, and expressly supersede, the provisions of Section 4(c) regarding severance pay and benefits upon a termination of Executive’s employment, if such termination of employment occurs within 18 months after the occurrence of the first event constituting a Change in Control. These Except for Section 5(a), which applies regardless, these provisions shall terminate and be of no further force or effect with respect to a Change in Control beginning 18 months after the occurrence of such Change in Control. Notwithstanding any provision of this Section 5 to the contrary, the provisions of subsection 5(a) shall apply in the event of any Change in Control, regardless of whether a termination of Executive’s employment occurs on or after such Change in Control.

Change in Control Payment. The provisions of this Section 5 set forth certain terms of an agreement reached between the Executive and the Employers Company regarding the Executive’s rights and obligations upon the occurrence of a Change in Control of the Company or the Operating Partnership(as defined below). These provisions shall apply in lieu of, and expressly supersede, the provisions of Section 4(c4(b) regarding severance pay and benefits upon a termination of Executive’s employmentemployment by the Company without Cause or by the Executive for Good Reason, if either such termination of employment occurs within 18 the 12 months after immediately following the occurrence of the first event constituting a Change in Control. These provisions shall terminate and be of no further force or effect with respect to a Change in Control beginning 18 12 months after the occurrence of such Change in Control. Notwithstanding any provision of this Section 5 to the contrary, the provisions of subsection 5(a) shall apply in the event of any Change in Control, regardless of whether a termination of Executive’s employment occurs on or after such Change in Control.

Change in Control Payment. The provisions of this Section 5 6 set forth certain terms of an agreement reached between the Executive and the Employers Company regarding the Executive’s rights and obligations upon the occurrence of a Change in Control of the Company or and are based on the Operating PartnershipCompany’s approved policy regarding Change in Control benefits for executive officers. These provisions are intended to assure and encourage in advance the Executive’s continued attention and dedication to the Executive’s assigned duties and the Executive’s objectivity during the pendency and after the occurrence of any such event. These provisions shall apply in lieu of, and expressly supersede, the provisions of Section 4(c) 5 regarding severance pay and benefits upon a termination of Executive’s employment, if such termination of employment occurs within 18 12 months after the occurrence of the first event constituting a Change in ControlControl (the “Change in Control Period”). These provisions shall terminate and be of no further force or effect with respect to a beginning after the Change in Control beginning 18 months after the occurrence of such Change in Control. Notwithstanding any provision of this Section 5 to the contrary, the provisions of subsection 5(a) shall apply in the event of any Change in Control, regardless of whether a termination of Executive’s employment occurs on or after such Change in ControlPeriod has ended.