Amendment of Original Agreement. Section 1.1 of the Original Agreement is hereby amended and restated to read in its entirety as follows:
Amendment of Original Agreement. The Original Agreement is hereby amended as follows:
Amendment of Original Agreement. (i). Section 9(B)(1) is hereby deleted in its entirety and replaced with the following: “One-Third of the Separation Payment shall be payable on the thirtieth (30th) day after the termination date;”
Amendment of Original Agreement. The following provisions shall be amended as follows:
Amendment of Original Agreement. (a) The parties hereby amend the definition of the term “Basic Salary” for purposes of the Original Agreement as amended, effective July 1, 2003, to be as follows: Three Hundred Thousand Dollars ($300,000.00) per year, payable in equal monthly installments.
Amendment of Original Agreement. (a) Amendment of Section 4.2(b). Section 4.2(b) of the Original Agreement is hereby amended to add the following provisions to the end thereof: “Notwithstanding the foregoing, if the Company determines, in its sole discretion, that the Company cannot provide the COBRA premium benefits or individual policy premium benefits without potentially incurring financial costs or penalties under applicable law (including, without limitation, Section 2716 of the Public Health Service Act), the Company shall in lieu thereof pay Executive a taxable cash amount, which payment shall be made regardless of whether Executive or Executive’s eligible family members elect group health insurance or individual policy continuation coverage (the “Health Care Benefit Payment”). The Health Care Benefit Payment shall be paid in monthly installments on the same schedule that the COBRA premiums would otherwise have been paid to the insurer, or would have been paid by the Executive for an individual policy, as applicable. The Health Care Benefit Payment shall be equal to the amount that the Company would have otherwise paid for COBRA insurance premiums (which amount shall be calculated based on the premium for the first month of coverage), or would have otherwise paid for the individual policy premium reimbursement, as applicable, and shall be paid until the expiration of the Continuation Period.”
Amendment of Original Agreement. The Original Agreement is hereby modified to extend the time and date of expiration of the Inspection Period to 5:00 PM (E.S.T.) on September 20, 2004.
Amendment of Original Agreement. The Agreement is hereby modified to make the Effective Date as defined in the first paragraph December 3, 2004.
Amendment of Original Agreement. 3.1 Section 8.1(i) of the Original Agreement is amended by deleting the word "or" at the end thereof.
Amendment of Original Agreement. (a) Amendment of Section 4.1.3. The last sentence of Section 4.1.3 of the Original Agreement is hereby amended to add the following to the end of such sentence: “; provided further that such release (the “Release”) shall be executed by you and delivered to the Company within the applicable time period set forth therein, but in no event later than forty-five (45) days following termination of your employment, and you shall permit the Release to become effective in accordance with its terms (such date, the “Release Effective Date”).”
