Common use of Termination Without Cause or Resignation for Good Reason During Change in Control Period Clause in Contracts

Termination Without Cause or Resignation for Good Reason During Change in Control Period. If at any time during a Change in Control Period, the Company terminates Executive’s employment without Cause or Executive resigns for Good Reason, provided such termination or resignation constitutes a Separation from Service (as defined under Treasury Regulation Section 1.409A-1(h), without regard to any alternative definition thereunder, a “Separation from Service”), then subject to Executive’s compliance with the terms of this Agreement and subject to the preconditions set forth in Section 6.5, the Company will provide Executive with the following severance benefits:

Termination Without Cause or Resignation for Good Reason During Change in Control Period. If at any time during a the Change in Control Period, Period the Company terminates Executive’s employment with the Company without Cause (excluding death or Disability) or Executive resigns for Good Reason, provided such termination or resignation constitutes a Separation from Service (as defined under Treasury Regulation Section 1.409A-1(h)then, without regard to any alternative definition thereunder, a “Separation from Service”), then subject to Executive’s compliance with Section 4, Executive will receive the terms of this Agreement and subject to the preconditions set forth in Section 6.5, the Company will provide Executive with the following severance benefitsfollowing:

Termination Without Cause or Resignation for Good Reason During Change in Control Period. If at any time If, during a the Change in Control Period, (i) the Company (or any parent, subsidiary or successor of the Company) terminates Executive’s employment without Cause or (ii) Executive resigns Executive’s employment with the Company (or any parent, subsidiary or successor of the Company) for Good Reason, provided such termination or resignation constitutes a Separation from Service (as defined under Treasury Regulation Section 1.409A-1(h)then, without regard to any alternative definition thereunder, a “Separation from Service”), then subject to Executive’s compliance with the terms of this Agreement and subject to the preconditions set forth in Section 6.54 below, the Company Executive will provide Executive with receive the following severance benefitsbenefits from the Company:

Termination Without Cause or Resignation for Good Reason During Change in Control Period. If at any time during a the Change in Control Period, Period the Company terminates Executive’s 's employment with the Company without Cause (excluding death or Disability) or Executive resigns for Good Reason, provided such termination or resignation constitutes a Separation from Service (as defined under Treasury Regulation Section 1.409A-1(h)then, without regard to any alternative definition thereunder, a “Separation from Service”), then subject to Executive’s compliance with Section 4, Executive will receive the terms of this Agreement and subject to the preconditions set forth in Section 6.5, the Company will provide Executive with the following severance benefitsfollowing:

Termination Without Cause or Resignation for Good Reason During Change in Control Period. If In the event Executive’s employment with the Company is terminated by the Company without Cause (and other than as a result of Executive’s death or disability) at any time during a the Change in Control Period or Executive resigns for Good Reason at any time during the Change in Control Period, in lieu of (and not additional to) the Company terminates Executive’s employment without Cause or Severance Benefits described in Section 8.2, and provided that Executive resigns for Good Reason, provided such termination or resignation constitutes a Separation from Service (as defined under Treasury Regulation satisfies the Release Requirement in Section 1.409A-1(h), without regard to any alternative definition thereunder, a “Separation from Service”), then subject to Executive’s 9 below and remains in compliance with the terms of this Agreement and subject to the preconditions set forth in Section 6.5, the Company will provide Executive with the following severance benefits:Agreement,

Termination Without Cause or Resignation for Good Reason During Change in Control Period. If In the event Executive’s employment with the Company is terminated by the Company without Cause (and other than as a result of Executive’s death or disability) at any time during a the Change in Control Period or Executive resigns for Good Reason at any time during the Change in Control Period, the Company terminates Executive’s employment without Cause or then at such time as Executive resigns for Good Reason, provided such termination or resignation constitutes undergoes a Separation from Service (as defined under Treasury Regulation and Executive satisfies the Release Requirement in Section 1.409A-1(h), without regard to any alternative definition thereunder, a “Separation from Service”), then subject to Executive’s 7 below and remains in compliance with the terms of this Agreement and subject to the preconditions set forth in Section 6.5, the Company will provide Executive with the following severance benefits:this

Termination Without Cause or Resignation for Good Reason During Change in Control Period. If at any time If, during a the Change in Control Period, either (i) the Company (or any parent, subsidiary or successor of the Company) terminates Executive’s employment without Cause or (ii) Executive resigns Executive’s employment with the Company (or any parent, subsidiary or successor of the Company) for Good Reason, provided such termination or resignation constitutes a Separation from Service (as defined under Treasury Regulation Section 1.409A-1(h)then, without regard to any alternative definition thereunder, a “Separation from Service”), then subject to Executive’s compliance with Section 5 below, Executive will receive the terms of this Agreement and subject to the preconditions severance benefits set forth in Section 6.5, below from the Company will provide Executive with the following severance benefits:Company.

Termination Without Cause or Resignation for Good Reason During Change in Control Period. If Executive’s employment with the Company is terminated by the Company without Cause (and other than as a result of Executive’s death or disability) at any time during a the Change in Control Period, the Company terminates Executive’s employment without Cause or if Executive resigns for gives timely notice of an event constituting Good Reason, provided such termination or resignation constitutes a Separation from Service (as defined under Treasury Regulation Section 1.409A-1(h), without regard to event occurs at any alternative definition thereunder, a “Separation from Service”)time during the Change in Control Period, then subject to Executive’s compliance with in lieu of (and not additional to) the terms of this Agreement and subject to the preconditions set forth Severance Benefits described in Section 6.59.2, and provided that Executive satisfies the Company will provide Executive with the following severance benefits:Release Requirement in Section 10 below and remains in compliance

Termination Without Cause or Resignation for Good Reason During Change in Control Period. If at any time If, during a the Change in Control Period, (i) the Company (or any parent, subsidiary or successor of the Company) terminates Executive’s 's employment without Cause or (ii) Executive resigns Executive's employment with the Company (or any parent, subsidiary or successor of the Company) for Good Reason, provided such termination or resignation constitutes a Separation from Service (as defined under Treasury Regulation Section 1.409A-1(h)then, without regard to any alternative definition thereunder, a “Separation from Service”), then subject to Executive’s compliance with the terms of this Agreement and subject to the preconditions set forth in Section 6.54 below, the Company Executive will provide Executive with receive the following severance benefitsbenefits from the Company: