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

Termination in Connection with Change in Control. If Executive’s employment is terminated by the Company without Cause either upon or within thirty days before or thirteen (13) months after a Change of Control, or prior to a Change in Control at the request of a prospective purchaser whose proposed purchase would constitute a Change in Control upon its completion, such termination shall be deemed to have occurred immediately before such Change in Control for purposes of this Agreement and the Plan.

Termination in Connection with Change in Control. If Executive’s employment is terminated by the Company without Cause either upon or within thirty days before or thirteen (13) months after a Change of in Control, or prior to a Change in Control at the request of a prospective purchaser whose proposed purchase would constitute a Change in Control upon its completion, such termination shall be deemed to have occurred immediately before such Change in Control for purposes of this Agreement and the Plan.