Common use of Termination Prior to Change in Control Clause in Contracts

Termination Prior to Change in Control. If within a period of 180 days prior to the first public announcement of a proposed Change in Control the Company terminates the employment of the Executive for reasons other than the Executive's death, Disability, Retirement or Cause, and a Change in Control event subsequently occurs, unless the Company establishes that the Executive's termination was not in connection with the Change in Control, the Executive's termination shall be deemed to have been in connection with the Change in Control, and the Executive shall be entitled to severance payments under this Agreement, to be paid in cash within 10 days following the Change in Control.

Termination Prior to Change in Control. If within a period of 180 days prior to the first public announcement of a proposed Change in Control the Company terminates the employment of the Executive for reasons other than the Executive's ’s death, Disability, Retirement or Cause, and a Change in Control event subsequently occurs, unless the Company establishes that the Executive's ’s termination was not in connection with the Change in Control, the Executive's ’s termination shall be deemed to have been in connection with the Change in Control, and the Executive shall be entitled to severance payments under this Agreement, to be paid in cash within 10 days following the Change in Control.