Common use of Termination in Connection with a Change of Control Clause in Contracts

Termination in Connection with a Change of Control. If the Employee’s employment terminates as a result of Involuntary Termination (as defined below) other than for Cause at any time after an announcement of a Change of Control and prior to twenty-four (24) months following a Change of Control or the announcement of a Change of Control, whichever comes later (the “Change of Control Period”) (a “Change of Control Severance Termination”), then, subject to Employee (i) executing and not revoking a Release, (ii) not breaching the provisions of Section 5 hereof, and (iii) the provisions of Section 7 hereof, the Employee shall be entitled to receive the following severance benefits:

Termination in Connection with a Change of Control. If the Employee’s employment terminates as a result of Involuntary Termination (as defined below) other than for Cause at any time after an announcement of a Change of Control and prior to twenty-four (24) months following a Change of Control or the announcement of a Change of Control, whichever comes later (the “Change of Control Period”) (a “Change of Control Severance Termination”), then, subject to Employee (i) executing and not revoking a Release, (ii) not breaching the provisions of Section 5 7 hereof, and (iii) the provisions of Section 7 9 hereof, the Employee shall be entitled to receive the following severance benefits:

Termination in Connection with a Change of Control. If the Employee’s employment terminates as a result of Involuntary Termination (as defined below) other than for Cause at any time after an announcement of a Change of Control and prior to twenty-four (24) months following a Change of Control or the announcement of a Change of Control, whichever comes later (the “Change of Control Period”) (a “Change of Control Severance Termination”), then, subject to Employee (i) executing and not revoking a Release, (ii) not breaching the provisions of Section 5 6 hereof, and (iii) the provisions of Section 7 8 hereof, the Employee shall be entitled to receive the following severance benefits:

Termination in Connection with a Change of Control. If the Employee’s employment terminates with either Acorn or CoaLogix as a result of Involuntary Termination (as defined below) other than for Cause at any time after an announcement of a Change of Control and prior to twenty-four (24) months following a Change of Control or the announcement of a Change of Control, whichever comes later (the “Change of Control Period”) (a “Change of Control Severance Termination”), then, subject to Employee (i) executing and not revoking a ReleaseRelease within twenty-eight (28) days of the Termination Date, (ii) not breaching the provisions of Section 5 hereof, 6 hereof and the Confidential Information and Invention Assignment Agreement and (iii) the provisions of Section 7 8 hereof, the Employee shall be entitled to receive the following severance benefits: