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

Termination Without Cause or Resignation for Good Reason Following a Change in Control. If Executive’s employment is terminated by the Company without Cause, and such termination is on the date of, or during the twenty-four- (24-) month period following, a Change in Control or a Sale of the Retail Business, or if Executive resigns for Good Reason, and such termination is one the date of, or during the twenty-four- (24-) month period following, a Change in Control, then, subject to Section 5 and Section 8, Executive will receive a lump sum payment equal to two and a half (2.5) times the sum of (i) Executive’s Base Salary and (ii) Executive’s Target Bonus for the year in which termination occurs. Such lump sum amounts will be payable within sixty (60) calendar days following Executive’s separation from service.

Termination Without Cause or Resignation for Good Reason Following a Change in Control. If Executive’s employment is terminated by the Company without Cause, and such termination is on the date of, or during the twenty-four- (24-) month period following, a Change in Control or a Sale of the Retail Business, or if Executive resigns for Good Reason, and such termination is one the date of, or during the twenty-four- (24-) month period following, a Change in Control, then, subject to Section 5 and Section 8, Executive will receive a lump sum payment equal to two and a half three (2.53) times the sum of (i) Executive’s Base Salary and (ii) Executive’s Target Bonus for the year in which termination occurs. Such lump sum amounts will be payable within sixty (60) calendar days following Executive’s separation from service.