No Effect from Change in Status. If the Executive incurs a Separation from Service as determined under Code Section 409A and Section 1.8, yet still performs services for the Employer and thus the Executive is entitled to the Annual Retirement Benefit, and also if subsequently the Executive while performing services for the Employer either incurs a termination of employment in connection with a Change in Control or dies, the Executive will not thereafter become entitled to the Annual Change in Control Benefit or the Annual Death Benefit as set forth in Schedule A. The Annual Retirement Benefit already paid or to be paid shall not be increased.
Appears in 4 contracts
Samples: Salary Continuation Agreement (American River Bankshares), Salary Continuation Agreement (American River Bankshares), Salary Continuation Agreement (American River Bankshares)