Eligible Termination. The Executive will receive the benefits set forth in this Agreement in the event the Executive is either (i) involuntarily terminated by the Company for a reason other than Cause or (ii) resigns for Good Reason (each, a “Termination Event”), in either case during the Change in Control Period and in either case provided that such Termination Event constitutes a “separation from service” within the meaning of Section 409A of the Code (“Separation From Service”).
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Samples: Key Employee Retention Agreement (Emulex Corp /De/), Key Employee Retention Agreement (Emulex Corp /De/), Key Employee Retention Agreement (Emulex Corp /De/)
Eligible Termination. The Executive will receive the benefits set forth in this the Agreement in the event the Executive is either (i) involuntarily terminated by the Company for a reason other than Cause or (ii) resigns for Good Reason (eachcollectively, a “Termination Event”), in either case during the Change in Control Period and in either case provided that such Termination Event constitutes a “separation from service” within the meaning of Section 409A of the Code (“Separation From Service”)Code.
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