Common use of Qualifying for Severance Clause in Contracts

Qualifying for Severance. You will qualify for severance under this Agreement if, during the term of this Agreement, (i) we terminate your employment for reasons other than Cause, or (ii) you elect to resign within sixty (60) days after you have knowledge of a Material Change before or after a Change in Control. As noted above, these capitalized terms are defined in Appendix A. In any case, you must timely sign and return a General Release and Waiver Agreement (and not revoke it) provided by the Company in order to receive severance or benefits under this Agreement. A copy of the Release that the Company currently uses is available for review upon request. However, you will NOT qualify for severance if any of the following apply: (i) you are terminated for Cause, (ii) you choose to remain employed by the Company (or a successor entity) more than sixty (60) days after the occurrence of a Material Change, (iii) you voluntarily resign or retire (other than due to a Material Change), (iv) your termination is due to long-term disability entitling you to disability benefits from the Company or due to death, (v) you decline to sign and return the General Release and Waiver Agreement within the time specified by the Company, or you attempt to revoke it; or (vi) you violate any of your covenants set forth below. A payment scheduled to be made under this Agreement as a result of your termination of employment will be paid or commence as soon as practicable after you timely sign and return the General Release and Waiver Agreement and any period specified for you to revoke the General Release and Waiver Agreement has expired. Any amount payable hereunder will be paid or commence to be paid during the same calendar year as your termination or (if later) by the 15th day of the third calendar month following your termination of employment. In no event, however, will you be permitted to designate the calendar year of the payment.

Qualifying for Severance. You will qualify for severance under this Agreement if, during the term of this Agreement, (i) we terminate your employment for reasons other than Cause, or (ii) you elect to resign within sixty (60) days after you have knowledge of a Material Change before or after a Change in Control. As noted above, these capitalized terms are defined in Appendix A. In any case, you must timely sign and return a General Release and Waiver Agreement (and not revoke it) provided by the Company in order to receive severance or benefits under this Agreement. A copy of the Release that the Company ECCA currently uses is available for review upon request. However, you will NOT qualify for severance if any of the following apply: (i) you are terminated for Cause, (ii) you choose to remain employed by the Company ECCA (or a successor entity) more than sixty (60) days after the occurrence of a Material Change, (iii) you voluntarily resign or retire (other than due to a Material Change), (iv) your termination is due to long-term disability entitling you to disability benefits from the Company or due to death, or (v) you decline to sign and return the General Release and Waiver Agreement within the time specified by the Company, or you attempt to revoke it; or (vi) you violate any of your covenants set forth below. A payment scheduled to be made under this Agreement as a result of your termination of employment will be paid or commence as soon as practicable after you timely sign and return the General Release and Waiver Agreement and any period specified for you to revoke the General Release and Waiver Agreement has expiredAgreement. Any amount payable hereunder Unless forfeited by you, such payment will be paid made or commence to be paid during the same calendar year as your termination termination, or (if later) by the 15th day of the third calendar month following your termination of employment. In no event, however, will you be permitted to designate the calendar year of the payment.

Qualifying for Severance. You will qualify for severance under this Agreement if, during the term of this Agreement, (i) we terminate your employment for reasons other than Cause, or (ii) you elect to resign within sixty (60) days after you have knowledge of a Material Change before or after a Change in Control. As noted above, these capitalized terms are defined in Appendix A. In any case, you must timely sign and return a General Release and Waiver Agreement (and not revoke it) provided by the Company in order to receive severance or benefits under this Agreement. A copy of the Release that the Company HVHC currently uses is available for review upon request. However, you will NOT qualify for severance if any of the following apply: (i) you are terminated for Cause, (ii) you choose to remain employed by the Company HVHC (or a successor entity) more than sixty (60) days after the occurrence of a Material Change, (iii) you voluntarily resign or retire (other than due to a Material Change), (iv) your termination is due to long-term disability entitling you to disability benefits from the Company or due to death, or (v) you decline to sign and return the General Release and Waiver Agreement within the time specified by the Company, or you attempt to revoke it; or (vi) you violate any of your covenants set forth below. A payment scheduled to be made under this Agreement as a result of your termination of employment will be paid or commence as soon as practicable after you timely sign and return the General Release and Waiver Agreement and any period specified for you to revoke the General Release and Waiver Agreement has expiredAgreement. Any amount payable hereunder Unless forfeited by you, such payment will be paid made or commence to be paid during the same calendar year as your termination termination, or (if later) by the 15th day of the third calendar month following your termination of employment. In no event, however, will you be permitted to designate the calendar year of the payment.