Termination Following Change of Control. (a) The Executive shall be entitled to the severance benefits provided in Section 4 hereof in the event Executive's employment is terminated (A) within two years following a Change of Control (i) by the Company without Cause, (ii) by Executive for Good Reason, or (iii) for any reason during the 30-day period immediately following the first anniversary of the Change of Control or (B) prior to a Change of Control, as a result of an Anticipatory Termination. Notwithstanding the foregoing, except as set forth in item (iii) above, Executive shall not be entitled to severance benefits in the event of a termination of employment on account of death, Disability or Retirement, but excluding any such termination which is coincident with or subsequent to a termination which would otherwise give rise to severance benefits. For purposes of this Agreement:
Appears in 8 contracts
Samples: Continuity Agreement (Emcor Group Inc), Continuity Agreement (Emcor Group Inc), ) Continuity Agreement (Emcor Group Inc)
Termination Following Change of Control. (a) The Executive shall be entitled to the severance benefits provided in Section 4 hereof in the event Executive's employment is terminated (A) within two years following a Change of Control (i) by the Company without Cause, Cause or (ii) by Executive for Good Reason, or (iii) for any reason during the 30-day period immediately following the first anniversary of the Change of Control Reason or (B) prior to a Change of Control, as a result of an Anticipatory Termination. Notwithstanding the foregoing, except as set forth in item (iii) above, Executive shall not be entitled to severance benefits in the event of a termination of employment on account of death, Disability or Retirement, but excluding any such termination which is coincident with or subsequent to a termination which would otherwise give rise to severance benefitsbenefits or subsequent to an event constituting Good Reason. For purposes of this Agreement:
Appears in 2 contracts
Samples: Continuity Agreement (EMCOR Group, Inc.), Continuity Agreement (Emcor Group Inc)