Common use of Earlier Payment if Not a Specified Employee Clause in Contracts

Earlier Payment if Not a Specified Employee. If the Executive is not a “specified employee” for purposes of Section 409A, as determined under the Company’s policy for determining specified employees on the Termination Date, any lump sum payment based on base salary that is to be made by the Company to the Executive pursuant to either of Paragraph 4(a) or 5(d) will be made by the Company to the Executive during the 30-day period that begins exactly 60 days after the Termination Date rather than during the Seventh Month after the Termination Date.

Earlier Payment if Not a Specified Employee. If the Executive is not a “specified employee” for purposes of Section 409A, as determined under the CompanyEmployer’s policy for determining specified employees on the Termination Date, any lump sum payment based on base salary that is to be made by the Company to the Executive severance benefit payable pursuant to either of Article II, Paragraph 4(a) or 5(d) 1 will be made by the Company Employer to the Executive during the 30-day period that begins exactly 60 days after the Termination Date rather than during the Seventh Month after the Termination Date.

Earlier Payment if Not a Specified Employee. If the Executive is not a “specified employee” for purposes of Section 409A, as determined under the Company’s SITE Centers’ policy for determining specified employees on the Termination Date, any lump sum payment based on base salary that is to be made by the Company SITE Centers to the Executive pursuant to either one or both of Paragraph 4(aSections 7.2(d) or 5(dand 7.5(d) will be made by the Company SITE Centers to the Executive during the 30-day period that begins exactly 60 days after the Termination Date rather than during the Seventh Month after the Termination Date.