Common use of Amendment to Section 5(b) Clause in Contracts

Amendment to Section 5(b). Section 5(b) of the Employment Agreement is hereby amended and the following sentence is added after the last sentence of Section 5(b): “Notwithstanding anything to the contrary herein, if any of the payments and benefits provided for in this Section 5(b) constitute non-qualified deferred compensation subject to Section 409A and the sixty (60) day period in which you must execute the release begins in one calendar year and ends in another, the payments and benefits provided for in this Section 5(b) shall commence, be made or become effective in the later calendar year.”