Severance Entitlements. a. Section 3(b) of the Agreement shall be amended to include the following subsection (iv): Notwithstanding any other provision set forth in this Agreement, so long as a good faith effort is made to pay executive severance that is due as if the severance were a liability of the BioCardia Board of Directors, for any termination of Executive without Cause under this provision which results due to a winding up of the business of BioCardia, which is followed by disposition of BioCardia assets, Executive agrees that personal resources that are unrelated to the disposition of BioCardia assets resulting from the winding up of the business of BioCardia of any BioCardia officers or BioCardia directors will not be pursued to cover the severance payments Executive is to receive under this agreement.
Appears in 2 contracts
Samples: Change of Control and Severance Agreement (BioCardia, Inc.), Change of Control and Severance Agreement (BioCardia, Inc.)
Severance Entitlements. a. Section 3(b) of the Agreement shall be amended to include the following subsection (iv): Notwithstanding any other provision set forth in this Agreement, so long as a good faith effort is made to pay executive severance that is due as if the severance were a liability of the BioCardia Board of Directorsboard liability, for any termination of Executive without Cause under this provision which results due to a winding up of the business of BioCardia, which is followed by disposition of BioCardia assets, Executive agrees that personal resources that are unrelated to the disposition of BioCardia assets resulting from the winding up of the business of BioCardia of any BioCardia officers or BioCardia directors will not be pursued to cover the severance payments Executive is to receive under this agreement.
Appears in 2 contracts
Samples: Change of Control and Severance Agreement (BioCardia, Inc.), Change of Control and Severance Agreement (BioCardia, Inc.)