Special Change in Control Provisions. A. For purposes of this Agreement, “
Special Change in Control Provisions. If the Executive’s Date of Termination occurs during the Change in Control Protection Period and if such Date of Termination occurs as a result of termination of the Executive’s employment by the Company for reasons other than for Cause or by reason of a Constructive Discharge (and not for any other reason, including on account of the Executive’s Permanent Disability, death or voluntary resignation), then, in addition to the amounts payable in accordance with subparagraph 5(a) and lieu of any other benefits payable to the Executive pursuant to this paragraph 5, the Executive will be entitled to the payments and benefits set forth in this subparagraph 5(d). If any of the payments and benefits under subparagraph 5(c) are subject to section 409A of the Code and if the Change in Control is not a change in control event (within the meaning of section 409A of the Code) with respect to the Executive, then if and to the extent that any such payments or benefits under this subparagraph 5(d) are the same as the benefits described in subparagraph 5(c), the time and form of such payments and benefits shall be the same as the time and form described in subparagraph 5(c) instead of the time and form set forth in this subparagraph 5(d). Notwithstanding the foregoing, the benefits and payments provided pursuant to this subparagraph 5(d) shall not be subject to satisfaction of the Release Requirements.
Special Change in Control Provisions. A. For purposes of this Agreement, "Change In Control" shall mean any of the following transactions or events effecting a change in ownership or control of the Company:
Special Change in Control Provisions
