Common use of Termination without Cause or for Good Reason within 12 Months following a Change in Control Clause in Contracts

Termination without Cause or for Good Reason within 12 Months following a Change in Control. (a) Notwithstanding the provisions of Section 4.1, if the Company terminates the Executive’s employment hereunder without Cause (other than by reason of death or Disability) within twelve (12) months following a Change in Control of the Company, or the Executive resigns for Good Reason within twelve (12) months following a Change in Control of the Company, the provisions of this Section 4.2 shall control. (b) As used in this Agreement, “Change in Control” means (x) a change in ownership of the Company under clause (i) below or (y) a change in the ownership of a substantial portion of the assets of the Company under clause (ii) below:

Termination without Cause or for Good Reason within 12 Months following a Change in Control. (a) Notwithstanding the provisions of Section 4.1, if the Company terminates the ExecutiveEmployee’s employment hereunder without Cause (other than by reason of death or Disability) within twelve (12) months following a Change in Control of the Company, or the Executive Employee resigns for Good Reason within twelve (12) months following a Change in Control of the Company, the provisions of this Section 4.2 shall control. (b) As used in this Agreement, “Change in Control” means (x) a change in ownership of the Company under clause (i) below or (y) a change in the ownership of a substantial portion of the assets of the Company under clause (ii) below: