Common use of Specified Executive Clause in Contracts

Specified Executive. Notwithstanding any other provision of this Agreement to the contrary, because Executive is considered a “specified employee” for purposes of Code Section 409A, any payment that constitutes “deferred compensation” within the meaning of Code Section 409A that is otherwise due to Executive as a result of such Executive’s “separation from service” under this Agreement during the six (6)-month period immediately following Executive’s “separation from service” shall be accumulated and paid to Executive on the first day of the seventh month following such “separation from service” (“Delayed Payment Date”), provided that if Executive dies prior to the payment of such amounts, such amounts shall be paid to the personal representative of Executive’s estate on the first to occur of the Delayed Payment Date or ten (10) days following the date of Executive’s death. Exhibit 10.34

Specified Executive. Notwithstanding any other provision of this Agreement to the contrary, because Executive is considered a “specified employee” for purposes of Code Section 409A, any payment that Exhibit 10.1 constitutes “deferred compensation” within the meaning of Code Section 409A that is otherwise due to Executive as a result of such Executive’s “separation from service” under this Agreement during the six (6)-month period immediately following Executive’s “separation from service” shall be accumulated and paid to Executive on the first day of the seventh month following such “separation from service” (“Delayed Payment Date”), provided that if Executive dies prior to the payment of such amounts, such amounts shall be paid to the personal representative of Executive’s estate on the first to occur of the Delayed Payment Date or ten (10) days following the date of Executive’s death. Exhibit 10.34.

Specified Executive. Notwithstanding any other provision prov1s1on of this Agreement to the contrary, because Executive is considered a “"specified employee” " for purposes of Code Section 409A, any payment that constitutes “"deferred compensation” " within the meaning of Code Section 409A that is otherwise due to Executive as a result of such Executive’s “'s "separation from service” " under this Agreement during the six (6)-month period immediately following Executive’s “'s "separation from service” " shall be accumulated and paid to Executive on the first day of the seventh month following such “"separation from service” " (“"Delayed Payment Date”"), provided that if Executive dies prior to the payment of such amounts, such amounts shall be paid to the personal representative of Executive’s 's estate on the first to occur of the Delayed Payment Date or ten (10) days following the date of Executive’s 's death. Exhibit 10.34.

Specified Executive. Notwithstanding any other provision of this Agreement to the contrary, because Executive is considered a “specified employee” for purposes of Code Section 409A, any payment that constitutes “deferred compensation” within the meaning of Code Section 409A that is otherwise due to Executive as a result of such Executive’s “separation from service” under this Agreement during the six (6)-month period immediately following Executive’s “separation from service” shall be accumulated and paid to the Executive on the first day of the seventh month following such “separation from service” (“Delayed Payment Date”), provided that if Executive dies prior to the payment of such amounts, such amounts shall be paid to the personal representative of Executive’s estate on the first to occur of the Delayed Payment Date or ten (10) days following the date of Executive’s death. Exhibit 10.34.