Common use of Early Termination by the Board Clause in Contracts

Early Termination by the Board. Notwithstanding the foregoing, this Agreement shall be subject to unilateral termination by the Company if the Board determines in good faith that Executive is no longer a key management employee to be provided the rights contained herein and so notifies Executive in writing; provided, however, that such determination may not be made, and if made shall have no effect, if a Change in Control shall have occurred or during any period of time when the Company has knowledge that any person or group has taken steps reasonably calculated to effect a Change in Control until, in the opinion of the Board, the third person has abandoned or terminated his or its efforts to effect a Change in Control.