Management Continuity and Severance Agreement Sample Contracts

RECITALS
Management Continuity and Severance Agreement • October 24th, 2003 • Dynavax Technologies Corp • Pharmaceutical preparations • California
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DYNAVAX TECHNOLOGIES CORPORATION MANAGEMENT CONTINUITY AND SEVERANCE AGREEMENT
Management Continuity and Severance Agreement • August 3rd, 2023 • Dynavax Technologies Corp • Pharmaceutical preparations • California

This Management Continuity and Severance Agreement (the “Agreement”) is dated as of [______, 20__], by and between [________________] (“Employee”) and Dynavax Technologies Corporation, a Delaware corporation (the “Company”).

DYNAVAX TECHNOLOGIES CORPORATION MANAGEMENT CONTINUITY AND SEVERANCE AGREEMENT
Management Continuity and Severance Agreement • June 5th, 2009 • Dynavax Technologies Corp • Pharmaceutical preparations • California

This Management Continuity and Severance Agreement (the “Agreement”) is dated as of April 22, 2009, by and between Zbigniew Janowicz, Chief Executive Officer and Managing Director, Rhein Biotech GmbH, Dynavax Technologies Corporation ("Employee"), and Dynavax Technologies Corporation, a Delaware corporation (the "Company" or “Dynavax”).

DYNAVAX TECHNOLOGIES CORPORATION AMENDED AND RESTATED MANAGEMENT CONTINUITY AND SEVERANCE AGREEMENT
Management Continuity and Severance Agreement • November 23rd, 2010 • Dynavax Technologies Corp • Pharmaceutical preparations • California

This Amended and Restated Management Continuity and Severance Agreement (the “Agreement”) is dated as of November 12, 2010, by and between Dino Dina, Chief Executive Officer ("Employee"), and Dynavax Technologies Corporation, a Delaware corporation (the "Company" or “Dynavax”). This Agreement supersedes and replaces in its entirety the amended Management Continuity and Severance Agreement, dated as of October 3, 2008, between the Company and Employee.

DYNAVAX TECHNOLOGIES CORPORATION MANAGEMENT CONTINUITY AND SEVERANCE AGREEMENT
Management Continuity and Severance Agreement • August 27th, 2004 • Dynavax Technologies Corp • Pharmaceutical preparations • California

This Management Continuity and Severance Agreement (the “Agreement”) is dated as of August 6, 2004, by and between Timothy Henn, Vice President, Finance & Administration, Dynavax Technologies Corporation (“Employee”), and Dynavax Technologies Corporation, a Delaware corporation (the “Company” or “Dynavax”).

DYNAVAX TECHNOLOGIES CORPORATION MANAGEMENT CONTINUITY AND SEVERANCE AGREEMENT
Management Continuity and Severance Agreement • May 3rd, 2013 • Dynavax Technologies Corp • Pharmaceutical preparations • California

This Management Continuity and Severance Agreement (this “Agreement”) is made and entered into by and between Eddie Gray (“Employee”), and Dynavax Technologies Corporation, a Delaware corporation (the “Company” or “Dynavax”), effective as of the date that Employee’s employment with Dynavax commences (the “Effective Date”).

DYNAVAX TECHNOLOGIES CORPORATION AMENDED AND RESTATED MANAGEMENT CONTINUITY AND SEVERANCE AGREEMENT
Management Continuity and Severance Agreement • March 8th, 2013 • Dynavax Technologies Corp • Pharmaceutical preparations • California

This Amended and Restated Management Continuity and Severance Agreement (the “Agreement”) is dated as of October 31, 2012 (the “New Effective Date”), by and between J. Tyler Martin (“Employee”), and Dynavax Technologies Corporation, a Delaware corporation (the “Company” or “Dynavax”). This Agreement supersedes and replaces in its entirety the Amended and Restated Management Continuity and Severance Agreement, dated as of November 12, 2010, between the Company and Employee.

DYNAVAX TECHNOLOGIES CORPORATION MANAGEMENT CONTINUITY AND SEVERANCE AGREEMENT
Management Continuity and Severance Agreement • January 5th, 2005 • Dynavax Technologies Corp • Pharmaceutical preparations • California

This Management Continuity and Severance Agreement (the “Agreement”) is dated as of January 4, 2005, by and between Deborah A. Smeltzer, Chief Financial Officer and Vice President, Operations, Dynavax Technologies Corporation (“Employee”), and Dynavax Technologies Corporation, a Delaware corporation (the “Company” or “Dynavax”).

NAME OF EXECUTIVE OFFICER] c/o Dynavax Technologies Corporation Berkeley, CA 94710
Management Continuity and Severance Agreement • May 6th, 2011 • Dynavax Technologies Corp • Pharmaceutical preparations

This letter agreement (the “Agreement”) from Dynavax Technologies Corporation (the “Company”) amends your Management Continuity and Severance Agreement from the Company dated [DATE] (the “MCA”) in order to bring the MCA into compliance with Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”) – specifically, to clarify the severance payment timing requirements (including the potential application of a six month delay in payment) and to correct certain ambiguities, as provided in Section IV.B and Section VIII of Treasury Notice 2010-6. This Agreement amends your MCA only as expressly set forth herein.

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