Common use of TERMINATION BY THE COMPANY FOLLOWING CHANGE OF CONTROL Clause in Contracts

TERMINATION BY THE COMPANY FOLLOWING CHANGE OF CONTROL. The Executive shall be entitled to a lump sum payment determined in accordance with section 3.5 in the event the Executive’s employment is terminated by the Company other than pursuant to section 3.2 within one (1) year of a Change of Control even if a Triggering Event has not occurred, provided that section 4.5 has been satisfied by the Executive. For greater certainty, the Executive shall not be entitled to any payment by the Company pursuant to this section 3.7 or otherwise if the Executive’s employment is terminated by the Company pursuant to section 3.2 of this Agreement.