Common use of Constructive Termination or Termination Without Cause Clause in Contracts

Constructive Termination or Termination Without Cause. In the event of any termination of this Agreement pursuant to Section 7.1(d) or Section 7.1(e) and provided that such termination constitutes a “separation from service” (as defined in Section 409A of the Code),” 9. Section 8.4(b) of the Agreement is hereby amended and restated as follows:

Constructive Termination or Termination Without Cause. In the event of any termination of this Agreement pursuant to Section 7.1(d) or Section 7.1(e) and provided that such termination constitutes a “separation from service” (as defined in Section 409A of the Code),.” 9. Section 8.4(b) of the Agreement is hereby amended and restated as follows: