Termination of Employment (After Vesting. If a member terminates after vesting, the member shall be entitled to a deferred vested pension equal to the benefit accrued to date of termination, payable commencing at normal retirement date, or a portability benefit in accordance with applicable legislation.
Termination of Employment (After Vesting. Upon any termination of Executive’s employment following the third anniversary of the start date and on or prior to the 5th anniversary of the start date, Executive shall be entitled to receive a lump sum payment equal to the Initial Benefit, as increased by the Interest Factor for each SERP Period completed prior to such termination of employment. For any termination of employment after the 5th anniversary of the start date, Executive shall be entitled to a lump sum payment equal to the 5-Year Benefit, increased by any DLM SERP Accrual Factor for each completed 12-month period following the 5th anniversary of the start date, payable promptly following any such termination. For the avoidance of doubt, no actions or calculations under the SERP occurring after the 5th anniversary of the start date shall reduce the amount of the 5-Year Benefit. Any payment of the SERP Benefit shall be subject to tax withholding. Appendix B RELEASE To obtain the lump sum severance and other benefits as set forth in the Employment Agreement, dated May 13, 2011, to which this release is attached (the “Agreement”), [NAME] (“you”) must agree to release and waive certain claims against the Corporation. The following paragraphs are your release and waiver (the “Release”). In consideration for your receipt of the lump sum payment and benefits, you hereby forever waive and release any claims and rights you may have against the Corporation and its predecessors, affiliates, successors and assigns, as well as each of their respective past and present officers, directors, employees, agents, attorneys and shareholders (collectively, the “Released Parties”), from any and all claims, charges, complaints, liens, demands, causes of action, obligations, damages and liabilities, known and unknown, suspected or unsuspected, that you had, now have, or hereinafter claim to have against the Released Parties, which arise from or are in connection with your employment or the termination of your employment or which arise from or are in connection with any employment action taken, or not taken, affecting your employment with the Corporation, and based on any other conduct occurring prior to your signing this Release. This Release includes, but is not limited to, any claims or actions arising under Title VII of the Federal Civil Rights Act, the Rehabilitation Act, the Age Discrimination in Employment Act (“ADEA”), the Older Workers Benefit Protection Act (“OWBPA”), the Americans With Disabilities Act, th...
