Change in Control: Standard of Review. In the event that the existence of Cause during a Post-Change Period shall become an issue in any action or proceeding between Executive and WPX, WPX shall, notwithstanding the Cause Determination, have the burden of establishing that the actions or omissions specified in the Notice of Consideration did in fact occur and do constitute Cause and that WPX has satisfied all applicable substantive and procedural requirements of this Section.
Appears in 5 contracts
Samples: Executive) (WPX Energy, Inc.), Control Severance Agreement (WPX Energy, Inc.), Control Severance Agreement (WPX Energy, Inc.)
