Common use of COORDINATION WITH RELEASE Clause in Contracts

COORDINATION WITH RELEASE. Notwithstanding any provision herein to the contrary, the provisions of this Section 10 shall apply to the payment of benefits under Section 8 (the "Severance Payments"). The Severance Payments shall be made only if Officer shall have executed, on or prior to the Release Expiration Date (as defined below), a General Release in form and substance reasonably acceptable to the Company and Officer (the "Release") and any waiting periods contained in the Release shall have expired. In any instance where the execution of a Release is required, the Company shall deliver the Release to the Officer within eight (8) days following the date of the Officer's Separation from Service. If Officer fails to execute and deliver the Release on or prior to the Release Expiration Date or timely revokes Officer's acceptance of the Release thereafter, Officer shall not be entitled to any Severance Payments. The Severance Payments shall be made immediately upon the expiration of any waiting periods contained in the Release, or if no waiting periods are applicable, within two (2) business days following Officer's execution and delivery of the Release to the Company; provided, however, notwithstanding anything herein to the contrary, in any case where the date the Separation from Service and the Release Expiration Date fa)l in two separate taxable years, any Severance Payments that are treated as deferred compensation for purposes of Section 409A of the Code shall be made in the later taxable year. For purposes of this Section 10, the "Release Expiration Date" shall mean the later of (i) the date of the Officer's Separation from Service, and (ii) the date that is twenty-one (21) days following the date on which the Company timely delivers a Release to the Officer for the Officer's execution, or in the event that the Officer's Separation from Service is "in connection with an exit incentive or other employment termination program" (as such phrase is defined in the Age Discrimination in Employment Act of 1967), the date that is forty-five (45) days following such delivery date.

COORDINATION WITH RELEASE. Notwithstanding any provision herein to the contrary, the provisions of this Section 10 shall apply to the payment of benefits under Section Sections 8 and 9 (the "“Severance Payments"”). The Severance Payments shall be made only if Officer shall have executed, on or prior to the Release Expiration Date (as defined below), a General Release in form and substance reasonably acceptable to the Company and Officer (the "“Release"”) and any waiting periods contained in the Release shall have expired. In any instance where the execution of a Release is required, the Company shall deliver the Release to the Officer Executive within eight (8) days following the date of the Officer's ’s Separation from Service. If Officer fails to execute and deliver the Release on or prior to the Release Expiration Date or timely revokes Officer's ’s acceptance of the Release thereafter, Officer shall not be entitled to any Severance Payments. The Severance Payments shall be made immediately upon the expiration of any waiting periods contained in the Release, or if no waiting periods are applicable, within two (2) business days following Officer's ’s execution and delivery of the Release to the Company; provided, however, notwithstanding anything herein to the contrary, in any case where the date the Separation from Service and the Release Expiration Date fa)l fall in two separate taxable years, any Severance Payments that are treated as deferred compensation for purposes of Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”) shall be made in the later taxable year. For purposes of this Section 10, the "“Release Expiration Date" ” shall mean the later of (i) the date of the Officer's ’s Separation from Service, and (ii) the date that is twenty-one (21) days following the date on which the Company timely delivers a Release to the Officer for the Officer's Officer execution, or in the event that the Officer's ’s Separation from Service is "“in connection with an exit incentive or other employment termination program" ” (as such phrase is defined in the Age Discrimination in Employment Act of 1967), the date that is forty-five (45) days following such delivery date.

COORDINATION WITH RELEASE. Notwithstanding any provision herein to the contrary, the provisions of this Section 10 11 shall apply to the payment of benefits under Section 8 Sections 8, 9 and 10 (the "“Severance Payments"”). The Severance Payments shall be made only if Officer shall have executed, on or prior to the Release Expiration Date (as defined below), a General Release in form and substance reasonably acceptable to the Company and Officer (the "“Release"”) and any waiting periods contained in the Release shall have expired. In any instance where the execution of a Release is required, the Company shall deliver the Release to the Officer within eight (8) days following the date of the Officer's ’s Separation from Service. If Officer fails to execute and deliver the Release on or prior to the Release Expiration Date or timely revokes Officer's ’s acceptance of the Release thereafter, Officer shall not be entitled to any Severance Payments. The Severance Payments shall be made immediately upon the expiration of any waiting periods contained in the Release, or if no waiting periods are applicable, within two (2) business days following Officer's ’s execution and delivery of the Release to the Company; provided, however, notwithstanding anything herein to the contrary, in any case where the date the Separation from Service and the Release Expiration Date fa)l fall in two separate taxable years, any Severance Payments that are treated as deferred compensation for purposes of Section 409A of the Code shall be made in the later taxable year. For purposes of this Section 1011, the "“Release Expiration Date" ” shall mean the later of (i) the date of the Officer's ’s Separation from Service, and (ii) the date that is twenty-one (21) days following the date on which the Company timely delivers a Release to the Officer for the Officer's ’s execution, or in the event that the Officer's ’s Separation from Service is "“in connection with an exit incentive or other employment termination program" ” (as such phrase is defined in the Age Discrimination in Employment Act of 1967), the date that is forty-five (45) days following such delivery date.

COORDINATION WITH RELEASE. Notwithstanding any provision herein to the contrary, the provisions of this Section 10 shall apply to the payment of benefits under Section Sections 8 and 9 (the "“Severance Payments"”). The Severance Payments shall be made only if Officer shall have executed, on or prior to the Release Expiration Date (as defined below), a General Release in form and substance reasonably acceptable to the Company and Officer (the "“Release"”) and any waiting periods contained in the Release shall have expired. In any instance where the execution of a Release is required, the Company shall deliver the Release to the Officer Executive within eight (8) days following the date of the Officer's ’s Separation from Service. If Officer fails to execute and deliver the Release on or prior to the Release Expiration Date or timely revokes Officer's ’s acceptance of the Release thereafter, Officer shall not be entitled to any Severance Payments. The Severance Payments shall be made immediately upon the expiration of any waiting periods contained in the Release, or if no waiting periods are applicable, within two (2) business days following Officer's ’s execution and delivery of the Release to the Company; provided, however, notwithstanding anything herein to the contrary, in any case where the date the Separation from Service and the Release Expiration Date fa)l fall in two separate taxable years, any Severance Payments that are treated as deferred compensation for purposes of Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”) shall be made in the later taxable year. For purposes of this Section 10, the "“Release Expiration Date" ” shall mean the later of (i) the date of the Officer's ’s Separation from Service, and (ii) the date that is twenty-one (21) days following the date on which the Company timely delivers a Release to the Officer for the Officer's ’s execution, or in the event that the Officer's ’s Separation from Service is "“in connection with an exit incentive or other employment termination program" ” (as such phrase is defined in the Age Discrimination in Employment Act of 1967), the date that is forty-five (45) days following such delivery date.

COORDINATION WITH RELEASE. Notwithstanding any provision herein to the contrary, the provisions of this Section 10 11 shall apply to the payment of benefits under Section Sections 8 and 9 (the "Severance Payments"). The Severance Payments shall be made only if Officer Executive shall have executed, on or prior to the Release Expiration Date (as defined below), a General Release in form and substance reasonably acceptable to the Company and Officer Executive (the "Release") and any waiting periods contained in the Release shall have expired. In any instance where the execution of a Release is required, the Company shall deliver the Release to the Officer Executive within eight (8) days following the date of the OfficerExecutive's Separation from Service. If Officer Executive fails to execute and deliver the Release on or prior to the Release Expiration Date or timely revokes OfficerExecutive's acceptance of the Release thereafter, Officer Executive shall not be entitled to any Severance Payments. The Severance Payments shall be made immediately upon the expiration of any waiting periods contained in the Release, or if no waiting periods are applicable, within two (2) business days following OfficerExecutive's execution and delivery of the Release to the Company; provided, however, notwithstanding anything herein to the contrary, in any case where the date the Separation from Service and the Release Expiration Date fa)l fall in two separate taxable years, any Severance Payments that are treated as deferred compensation for purposes of Section 409A of the Code shall be made in the later taxable year. For purposes of this Section 1011, the "Release Expiration Date" shall mean the later of (i) the date of the OfficerExecutive's Separation from Service, and (ii) the date that is twenty-one (21) days following the date on which the Company timely delivers a Release to the Officer Executive for the OfficerExecutive's execution, or in the event that the OfficerExecutive's Separation from Service is "in connection with an exit incentive or other employment termination program" (as such phrase is defined in the Age Discrimination in Employment Act of 1967), the date that is forty-five (45) days following such delivery date.

COORDINATION WITH RELEASE. Notwithstanding any provision herein to the contrary, the provisions of this Section 10 shall apply to the payment of benefits under Section 8 8(b) (the "“Severance Payments"”). The Severance Payments shall be made only if Officer the Executive shall have executed, on or prior to the Release Expiration Date (as defined below), a General Release general release in form and substance reasonably acceptable to the Company and Officer the Executive (the "“Release"”) and any waiting periods contained in the Release shall have expired. In any instance where the execution of a Release is required, the Company shall deliver the Release to the Officer Executive within eight (8) days following the date of the Officer's Executive’s Separation from Service. If Officer the Executive fails to execute and deliver the Release on or prior to the Release Expiration Date or timely revokes Officer's the Executive’s acceptance of the Release thereafter, Officer the Executive shall not be entitled to any Severance Payments. The Severance Payments shall be made immediately upon the expiration of any waiting periods contained in the Release, or if no waiting periods are applicable, within two (2) business days following Officer's the Executive’s execution and delivery of the Release to the Company; provided, however, notwithstanding anything herein to the contrary, in any case where the date the Separation from Service and the Release Expiration Date fa)l fall in two separate taxable years, any Severance Payments that are treated as deferred compensation for purposes of Section 409A of the Code shall be made in the later taxable year. For purposes of this Section 10, the "“Release Expiration Date" ” shall mean the later of (i) the date of the Officer's Executive’s Separation from Service, and (ii) the date that is twenty-one (21) days following the date on which the Company timely delivers a Release to the Officer Executive for the Officer's Executive’s execution, or in the event that the Officer's Executive’s Separation from Service is "“in connection with an exit incentive or other employment termination program" ” (as such phrase is defined in the Age Discrimination in Employment Act of 1967), the date that is forty-five (45) days following such delivery date.

COORDINATION WITH RELEASE. Notwithstanding any provision herein to the contrary, the provisions of this Section 10 11 shall apply to the payment of benefits under Section Sections 8 and 9 (the "“Severance Payments"”). The Severance Payments shall be made only if Officer Executive shall have executed, on or prior to the Release Expiration Date (as defined below), a General Release in form and substance reasonably acceptable to the Company and Officer Executive (the "“Release"”) and any waiting periods contained in the Release shall have expired. In any instance where the execution of a Release is required, the Company shall deliver the Release to the Officer Executive within eight (8) days following the date of the Officer's Executive’s Separation from Service. If Officer Executive fails to execute and deliver the Release on or prior to the Release Expiration Date or timely revokes Officer's Executive’s acceptance of the Release thereafter, Officer Executive shall not be entitled to any Severance Payments. The Severance Payments shall be made immediately upon the expiration of any waiting periods contained in the Release, or if no waiting periods are applicable, within two (2) business days following Officer's Executive’s execution and delivery of the Release to the Company; provided, however, notwithstanding anything herein to the contrary, in any case where the date the Separation from Service and the Release Expiration Date fa)l fall in two separate taxable years, any Severance Payments that are treated as deferred compensation for purposes of Section 409A of the Code shall be made in the later taxable year. For purposes of this Section 1011, the "“Release Expiration Date" ” shall mean the later of (i) the date of the Officer's Executive’s Separation from Service, and (ii) the date that is twenty-one (21) days following the date on which the Company timely delivers a Release to the Officer Executive for the Officer's Executive’s execution, or in the event that the Officer's Executive’s Separation from Service is "“in connection with an exit incentive or other employment termination program" ” (as such phrase is defined in the Age Discrimination in Employment Act of 1967), the date that is forty-five (45) days following such delivery date.

COORDINATION WITH RELEASE. Notwithstanding any provision herein to the contrary, the provisions of this Section 10 11 shall apply to the payment of benefits under Section Sections 8 and 9 (the "“Severance Payments"”). The Severance Payments shall be made only if Officer shall have executed, on or prior to the Release Expiration Date (as defined below), a General Release in form and substance reasonably acceptable to the Company and Officer (the "“Release"”) and any waiting periods contained in the Release shall have expired. In any instance where the execution of a Release is required, the Company shall deliver the Release to the Officer within eight (8) days following the date of the Officer's ’s Separation from Service. If Officer fails to execute and deliver the Release on or prior to the Release Expiration Date or timely revokes Officer's ’s acceptance of the Release thereafter, Officer shall not be entitled to any Severance Payments. The Severance Payments shall be made immediately upon the expiration of any waiting periods contained in the Release, or if no waiting periods are applicable, within two (2) business days following Officer's ’s execution and delivery of the Release to the Company; provided, however, notwithstanding anything herein to the contrary, in any case where the date the Separation from Service and the Release Expiration Date fa)l fall in two separate taxable years, any Severance Payments that are treated as deferred compensation for purposes of Section 409A of the Code shall be made in the later taxable year. For purposes of this Section 1011, the "“Release Expiration Date" ” shall mean the later of (i) the date of the Officer's ’s Separation from Service, and (ii) the date that is twenty-one (21) days following the date on which the Company timely delivers a Release to the Officer for the Officer's ’s execution, or in the event that the Officer's ’s Separation from Service is "“in connection with an exit incentive or other employment termination program" ” (as such phrase is defined in the Age Discrimination in Employment Act of 1967), the date that is forty-five (45) days following such delivery date.