Common use of Separation from Service Clause in Contracts

Separation from Service. Notwithstanding anything to the contrary in this Agreement, with respect to any amounts payable to Executive under this Agreement in connection with a termination of Executive’s employment that would be considered “non-qualified deferred compensation” under Section 409A of the Code, in no event shall a termination of employment be considered to have occurred under this Agreement unless such termination constitutes Executive’s “separation from service” with the Company as such term is defined in Treasury Regulation Section 1.409A-1(h), and any successor provision thereto (“Separation from Service”).

Separation from Service. Notwithstanding anything to the contrary in this Agreement, with respect to the Severance Payments or any other amounts payable to Executive under this Agreement in connection with a termination of Executive’s employment that would be considered “non-qualified deferred compensation” under Section 409A of the Code, in no event shall a termination of employment be considered to have occurred under this Agreement unless such termination constitutes Executive’s “separation from service” with the Company as such term is defined in Treasury Regulation Section 1.409A-1(h), ) and any successor provision thereto (“Separation from Service”).

Separation from Service. Notwithstanding anything to the contrary in this Agreement, with respect to any amounts payable to Executive Employee under this Agreement in connection with a termination of ExecutiveEmployee’s employment that would be considered “non-qualified deferred compensation” under Section 409A of the Code409A, in no event shall a termination of employment shall be considered to have occurred under this Agreement unless such termination constitutes Executiveonly upon Employee’s “separation from service” with the Company as such term is defined in Treasury Regulation Section 1.409A-1(h), and any successor provision thereto (“Separation from Service”)thereto.

Separation from Service. Notwithstanding anything to the contrary in this Agreement, with respect to any amounts payable to Executive under this Agreement in connection with a termination of Executive’s employment that would be considered “non-qualified deferred compensation” under Section 409A of the Internal Revenue Code (hereafter “Code”), in no event shall a termination of employment be considered to have occurred under this Agreement unless such termination constitutes Executive’s “separation from service” with the Company as such term is defined in Treasury Regulation Section 1.409A-1(h), and any successor provision thereto (“Separation from Service”).

Separation from Service. Notwithstanding anything to the contrary in this Agreement, with respect to any amounts payable to Executive Employee under this Agreement in connection with a termination of ExecutiveEmployee’s employment that would be considered “non-qualified deferred compensation” under Section 409A of the Codeemployment, in no event shall a termination of employment be considered to have occurred occur under this Agreement unless such termination constitutes Executivea Separation from Service. For purposes of this Agreement, a “Separation from Service” shall mean Employee’s “separation from service” with the Company Corporation as such term is defined in Treasury Regulation Section 1.409A-1(h), ) and any successor provision thereto (“Separation from Service”)thereto.

Separation from Service. Notwithstanding anything any provision to the contrary in this the Agreement, with respect in order to be eligible to receive any amounts payable to Executive termination benefits under this Agreement in connection with a termination of Executive’s employment that would be considered “non-qualified are deemed deferred compensation” under compensation subject to Section 409A of the Code, in no event shall a the Executive’s termination of employment be considered to have occurred under this Agreement unless such termination constitutes Executive’s must constitute a “separation from service” with within the Company as such term is defined in Treasury Regulation meaning of Treas. Reg. Section 1.409A-1(h), and any successor provision thereto ) (a “Separation from Service”).

Separation from Service. Notwithstanding anything to the contrary in this Agreement, with respect to any amounts payable to Executive under this Agreement in connection with a termination of Executive’s employment that would be considered “non-qualified deferred compensation” under Section 409A of the Code409A, in no event shall a termination of employment shall be considered to have occurred under this Agreement unless such termination constitutes only upon Executive’s “separation from service” with the Company as such term is defined in Treasury Regulation Section 1.409A-1(h), and any successor provision thereto (“Separation from Service”)thereto.

Separation from Service. Notwithstanding anything to the contrary in this Agreement, with respect to severance payments or any other amounts payable to Executive under this Agreement in connection with a termination of Executive’s employment that would be considered “non-qualified deferred compensation” under Section 409A of the Code, in no event shall a termination of employment be considered to have occurred under this Agreement unless such termination constitutes Executive’s “separation from service” with the Company as such term is defined in Treasury Regulation Section 1.409A-1(h), 1.409A-l(h) and any successor provision thereto (“Separation from Service”)thereto.

Separation from Service. Notwithstanding anything to the contrary in this Agreement, with respect to any amounts payable to Executive the Employee under this Agreement in connection with a termination of Executivethe Employee’s employment that would be considered “non-qualified deferred compensation” under Section 409A of the Codeemployment, in no event shall a termination of employment be considered to have occurred occur under this Agreement unless such termination constitutes Executivea Separation from Service. For purposes of this Agreement, a Separation from Service shall mean the Employee’s “separation from service” with the Company Corporation as such term is defined in Treasury Regulation Section 1.409A-1(h), ) and any successor provision thereto (“Separation from Service”)thereto.

Separation from Service. Notwithstanding anything to the contrary in this Agreement, with respect to any amounts payable to Executive Chairman under this Agreement in connection with a termination of ExecutiveExecutive Chairman’s employment that would be considered “non-qualified deferred compensation” under Section 409A of the Code409A, in no event shall a termination of employment shall be considered to have occurred under this Agreement unless such termination constitutes Executiveonly upon Executive Chairman’s “separation from service” with the Company as such term is defined in Treasury Regulation Section 1.409A-1(h), and any successor provision thereto (“Separation from Service”)thereto.

Separation from Service. Notwithstanding anything to the contrary in this Agreement, with respect to any amounts payable to the Executive under this Agreement in connection with a termination of the Executive’s employment that would be considered “non-qualified deferred compensation” under Section 409A of the Code, in no event shall a termination of employment be considered to have occurred under this Agreement unless such termination constitutes the Executive’s “separation from service” with the Company Corporation as such term is defined in Treasury Regulation Section 1.409A-1(h), ) and any successor provision thereto (“Separation from Service”).

Separation from Service. Notwithstanding anything to the contrary in this Agreement, with respect to any amounts payable to the Executive under this Agreement in connection with a termination of Executive’s employment that would be considered are treated as “non-qualified deferred compensation” under subject to Section 409A of the CodeCode in connection with a termination of the Executive’s employment, in no event shall a termination of employment be considered to have occurred occur under this Agreement unless such termination constitutes Executive’s “separation from service” with the Company as such term is defined in Treasury Regulation Section 1.409A-1(h), ) and any successor provision thereto (a “Separation from Service”).

Separation from Service. Notwithstanding anything to the contrary in this Agreement, with respect to any amounts payable to Executive under this Agreement in connection with a termination of Executive’s employment that would be considered “non-non- qualified deferred compensation” under Section 409A of the Code, in no event shall a termination of employment be considered to have occurred under this Agreement unless such termination constitutes Executive’s “separation from service” with the Company as such term is defined in Treasury Regulation Section 1.409A-1(h), and any successor provision thereto (“Separation from Service”).

Separation from Service. Notwithstanding anything to the contrary in this Agreement, with respect to any amounts payable to Executive under this Agreement in connection with a termination of Executive’s employment that would be considered “non-qualified deferred compensation” under Section 409A of the Code, in no event shall a termination of employment be considered to have occurred under this Agreement unless such termination constitutes Executive’s “separation from service” with the #4831-1006-7512v2 Company as such term is defined in Treasury Regulation Section 1.409A-1(h), and any successor provision thereto (“Separation from Service”).