Common use of PAYMENTS AND BENEFITS UPON TERMINATION Clause in Contracts

PAYMENTS AND BENEFITS UPON TERMINATION. Subject to the next sentence, if the Executive’s employment is terminated as described in subsection (a) of this section 5, SKS will pay, and otherwise make available, to the Executive, the severance benefits, in addition to all earned but unpaid wages, described in paragraphs (i) through (viii) of this subsection (d). SKS’s obligation to pay, and otherwise make available to, the Executive the severance benefits described in paragraphs (i) through (viii) of this subsection (d) is subject to subsections (e) through (i) of this section and SKS’s receipt of a written release, substantially in the form attached as Attachment A to this Agreement (the “Release”), executed and delivered by the Executive. (i) If the Executive’s employment is terminated (A) by the Company without Cause, and the termination does not constitute a Termination for Performance Deficiencies, or

PAYMENTS AND BENEFITS UPON TERMINATION. Subject to the next sentence, if the Executive’s employment is terminated as described in subsection (a) of this section 5, SKS will pay, and otherwise make available, to the Executive, the severance benefits, in addition to all earned but unpaid wages, described in paragraphs (i) through (viii) of this subsection (d). SKS’s obligation to pay, and otherwise make available to, the Executive the severance benefits described in paragraphs (i) through (viii) of this subsection (d) is subject to subsections (e) through (i) of this section and SKS’s receipt of a written release, substantially in the form attached as Attachment A to this Agreement (the “Release”), executed and delivered by the Executive. (i) If the Executive’s employment is terminated (A) by the Company without Cause, Cause and the termination does not constitute a Termination for Performance Deficiencies, or

PAYMENTS AND BENEFITS UPON TERMINATION. Subject to the next sentence, if the Executive’s employment is terminated as described in subsection (a) of this section 5, SKS will pay, and otherwise make available, to the Executive, the severance benefits, in addition to all earned but unpaid wages, described in paragraphs (i) through (viiiix) of this subsection (d). SKS’s obligation to pay, and otherwise make available to, the Executive the severance benefits described in paragraphs (i) through (viiiix) of this subsection (d) is subject to subsections (e) through (i) of this section and SKS’s receipt of a written release, substantially in the form attached as Attachment A to this Agreement (the “Release”), executed and delivered by the Executive. (i) If the Executive’s employment is terminated (A) by the Company without Cause, and the termination does not constitute a Termination for Performance Deficiencies, or