Common use of Termination of Change of Control Agreement Clause in Contracts

Termination of Change of Control Agreement. On the Retirement Date, the Change of Control Agreement between the Executive and the Company dated effective as of September 26, 2007, as amended by that Amendment No. 1 to Change of Control Agreement dated effective as of June 1, 2008 (the “Change of Control Agreement”), shall terminate, and all rights of the Executive thereunder shall be extinguished.

Termination of Change of Control Agreement. On the Retirement Date, the Change of Control Agreement between the Executive and the Company dated effective as of September 26, 2007, as amended by that Amendment No. 1 to Change of Control Agreement dated effective as of June January 1, 2008 (the “Change of Control Agreement”), 2012 shall terminate, and all rights of the Executive thereunder shall be extinguished. Between the Effective Date and the Retirement Date, the Executive, in the event of a change of control (as defined in the Change of Control Agreement), may choose to exercise his rights under either this Agreement or the Change of Control Agreement, but not both.

Termination of Change of Control Agreement. On the Retirement Date, the Amended and Restated Change of Control Agreement between the Executive and the Company dated effective as of September 26, 2007, as amended by that Amendment No. 1 to Change of Control Agreement dated effective as of June 1, 2008 (the “Change of Control Agreement”), shall terminate, and all rights of the Executive thereunder shall be extinguished. Between the Effective Date and the Retirement Date, the Executive, in the event of a change of control (as defined in the Change of Control Agreement), may choose to exercise his rights under either this Agreement or the Change of Control Agreement, but not both.