Common use of Occurrence of Change in Control Clause in Contracts

Occurrence of Change in Control. In the event that during the term of this Agreement, a Change in Control [as defined under Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”) and the regulations thereunder] occurs and, within thirty-six (36) months following such Change in Control, the Executive’s employment is terminated by the Employer or its successor for any reason other than the reasons set forth in subparagraphs a, b or c of Section 5 or is terminated by the Executive under subparagraph f of Section 5, then in lieu of any other provision of Section 5 of this Agreement, subject to the Executive’s compliance with Sections 8 and 9 of this Agreement, the Employer or its successor will pay to the Executive the following payments and benefits:

Occurrence of Change in Control. In the event that during the term of this Agreement, a Change in Control [as defined under Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”) and the regulations thereunder] occurs and, within thirtytwenty-six four (3624) months following such Change in Control, the Executive’s employment is terminated by the Employer or its successor for any reason other than the reasons set forth in subparagraphs a, b or c of Section Paragraph 5 or is terminated by the Executive under subparagraph f of Section Paragraph 5, then in lieu of addition to any other provision of Section Paragraph 5 of this Agreement, Agreement and subject to the Executive’s compliance with Sections 8 and 9 applicable provisions of this AgreementSection 409A of the Code, the Employer or its successor will pay to the Executive the following payments and benefits: