Common use of TERMINATION DURING POTENTIAL CHANGE IN CONTROL Clause in Contracts

TERMINATION DURING POTENTIAL CHANGE IN CONTROL. If a Potential Change in Control (as defined in Section 8) occurs during the Agreement Term, and the Company terminates the Executive's employment for reasons other than Permanent Disability or Cause during such Potential Change in Control, the Executive shall be entitled to receive the benefits that the Executive would have received under Section 3, such benefits to be calculated based upon the Executive's compensation prior to the actual termination of employment but paid within 20 business days of the date of such termination; provided that, in lieu of the benefit described in Section 3(c), for any annual incentive (bonus) plan or arrangement in which the Executive participates for the performance period in which the Potential Change in Control occurs, the Executive shall be entitled to a lump sum payment in cash no later than twenty (20) business days after the date of the termination of the Executive’s employment equal to the Executive's pro rata annual incentive (bonus) award through the date of such termination of employment, with the determination of the amount of such award based on an assumption that the target level of performance has been achieved.

TERMINATION DURING POTENTIAL CHANGE IN CONTROL. If a Potential Change in Control (as defined in Section 8) occurs during the Agreement Term, and the Company terminates the Executive's ’s employment for reasons other than Permanent Disability or Cause during such Potential Change in Control, the Executive shall be entitled to receive the benefits that the Executive would have received under Section 3, such benefits to be calculated based upon the Executive's ’s compensation prior to the actual termination of employment but paid within 20 business days of the date of such termination; provided that, in lieu of the benefit described in Section 3(c), for any annual incentive (bonus) plan or arrangement in which the Executive participates for the performance period in which the Potential Change in Control occurs, the Executive shall be entitled to a lump sum payment in cash no later than twenty (20) business days after the date of the termination of the Executive’s employment equal to the Executive's ’s pro rata annual incentive (bonus) award through the date of such termination of employment, with the determination of the amount of such award based on an assumption that the target level of performance has been achieved.