Change in Control Agreement. Notwithstanding any provision hereof to the contrary, if Executive is a party to the Change in Control Agreement (as defined in Section 6(e)), in the event of a Severance Payment Event (as defined in the Change in Control Agreement) affecting Executive, the severance benefits described in Sections 6(a) and 6(b) hereof shall not be payable to or on behalf of Executive; rather severance benefits provided as the result of Severance Payment Event shall be determined and provided by the Company pursuant solely to the terms and conditions of the Change in Control Agreement. In addition, the post-termination restrictive covenants imposed on Executive under Sections 15 and 16 hereof shall be superseded and replaced by the restrictive covenants in the Change in Control Agreement if there is a Severance Payment Event.
Appears in 4 contracts
Samples: Employment Agreement (Delta Petroleum Corp/Co), Employment Agreement (Delta Petroleum Corp/Co), Employment Agreement (Delta Petroleum Corp/Co)
