Common use of Waiver and Release Agreement Clause in Contracts

Waiver and Release Agreement. The Executive agrees to execute at the time of the Executive’s termination of employment a Waiver and Release Agreement in a form provided to the Executive by the Company (the “Waiver and Release Agreement”), substantially in the form attached hereto as Exhibit C, the terms and conditions of which are specifically incorporated herein by reference. The execution and delivery of the Waiver and Release Agreement shall be made within forty-five (45) days following delivery to the Executive of the Waiver and Release Agreement, and the Company shall (a) pay the benefits under Section 5.1 and Section 5.2(b) within ten (10) days following the date the Waiver and Release is no longer revocable by the Executive, provided that if the Executive’s consideration period for such Waiver and Release Agreement spans two calendar years, such payment shall be paid no earlier than the first business day of the second calendar year, (b) pay the benefits under Section 5.2(a) at the same time as payment is made to all other participants under the Annual Cash Incentive program following the close of the fiscal year in which the Termination Date occurs. If the Waiver and Release Agreement is not executed within the forty-five (45)-day period post-delivery, the Executive will forfeit all benefits provided pursuant to Section 5.1, Section 5.2, Section 5.3, Section 5.4, and Section 5.5. If the Waiver and Release Agreement is not received by the Executive within five (5) days following the Executive’s Termination Date, it shall not be required, and this Section 5.6 shall be null and void.

Waiver and Release Agreement. The Executive agrees to execute at the time of the Executive’s termination of employment a Waiver and Release Agreement in a form provided to the Executive by the Company (the “Waiver and Release Agreement”), substantially in consistent with the form attached hereto as Exhibit C, the terms and conditions of which are specifically incorporated herein by reference. The execution and delivery of the Waiver and Release Agreement shall be made within forty-five (45) days following of delivery to the Executive of the Waiver and Release Agreement, and the Company shall (a) pay the benefits under Section 5.1 and 5.1(a) and, the event that the Executive’s resignation or termination under this Section 5.2(b5 results in payment of a Change in Control year Partial Year Bonus, under Section 5.1(b) within ten (10) days following the date after the Waiver and Release Agreement is no longer revocable by the Executive, provided Executive and (b) in the event that if the Executive’s consideration period for such Waiver and Release Agreement spans two calendar yearsresignation or termination under this Section 5 results in payment of a Change in Control year Partial Year Bonus, such payment shall be paid no earlier than the first business day of the second calendar year, (b) pay the benefits under Section 5.2(a5.1(b) within ten (10) days after the Waiver and Release Agreement is no longer revocable by the Executive or, if later, at the same time as payment is made to all other participants under the Annual Cash Incentive program following the close of the fiscal year in which the Termination Date occurs. If the Waiver and Release Agreement is not executed within the forty-five (45)-day period post-delivery, the Executive will forfeit all benefits provided pursuant to Section 5.1, Section 5.2, and Section 5.3, Section 5.4, and Section 5.5. If the Waiver and Release Agreement is not received by the Executive within five (5) days following of the Executive’s Termination Date, Date it shall not be required, required and this Section 5.6 5.4 shall be null and void.

Waiver and Release Agreement. The Executive agrees to execute at the time of the Executive’s termination of employment a Waiver and Release Agreement in a form provided to the Executive by the Company (the Company(the “Waiver and Release Agreement”), substantially in consistent with the form attached hereto as Exhibit C, the terms and conditions of which are specifically incorporated herein by reference. The execution and delivery of the Waiver and Release Agreement shall be made within forty-five (45) days following of delivery to the Executive of the Waiver and Release Agreement, and the Company shall (a) pay the benefits under Section 5.1 and 5.1(a) and, the event that the Executive’s resignation or termination under this Section 5.2(b5 results in payment of a Change in Control year Partial Year Bonus, under Section 5.1(b) within ten (10) days following the date after the Waiver and Release Agreement is no longer revocable by the Executive, provided Executive and (b) in the event that if the Executive’s consideration period for such Waiver and Release Agreement spans two calendar yearsresignation or termination under this Section 5 results in payment of a Change in Control year Partial Year Bonus, such payment shall be paid no earlier than the first business day of the second calendar year, (b) pay the benefits under Section 5.2(a5.1(b) within ten (10) days after the Waiver and Release Agreement is no longer revocable by the Executive or, if later, at the same time as payment is made to all other participants under the Annual Cash Incentive program following the close of the fiscal year in which the Termination Date occurs. If the Waiver and Release Agreement is not executed within the forty-five (45)-day period post-delivery, the Executive will forfeit all benefits provided pursuant to Section 5.1, Section 5.2, and Section 5.3, Section 5.4, and Section 5.5. If the Waiver and Release Agreement is not received by the Executive within five (5) days following of the Executive’s Termination Date, Date it shall not be required, required and this Section 5.6 5.4 shall be null and void.

Waiver and Release Agreement. The Executive agrees to execute at the time of the Executive’s termination of employment a Waiver and Release Agreement in a form provided to the Executive by the Company (the “Waiver and Release Agreement”), substantially in the form attached hereto as Exhibit C, the terms and conditions of which are specifically incorporated herein by reference. The execution and delivery of the Waiver and Release Agreement shall be made within forty-five (45) days following of delivery to the Executive of the Waiver and Release Agreement, and the Company shall (a) pay the benefits under Section 5.1 and Section 5.2(b5.1(a) within ten (10) days following the date after the Waiver and Release Agreement is no longer revocable by the Executive, provided that if the Executive’s consideration period for such Waiver Executive and Release Agreement spans two calendar years, such payment shall be paid no earlier than the first business day of the second calendar year, (b) pay the benefits under Section 5.2(a5.1(b) at the later of ten (10) days after the Waiver and Release Agreement is no longer revocable or the same time as payment is made to all other participants under the Annual Cash Incentive program following the close of the fiscal year in which the Termination Date occurs; provided, however, if the forty-five (45)-day consideration period spans two calendar years, the payment pursuant to Section 5.4(a) shall be paid no earlier than the first business day of the second calendar year. If the Waiver and Release Agreement is not executed and delivered to the Company within the forty-five (45)-day period post-deliveryafter delivery to the Executive or is revoked, the Executive will forfeit all benefits provided pursuant to Section 5.1, Section 5.2, and Section 5.3, Section 5.4, and Section 5.5. If the initial draft Waiver and Release Agreement is not received by the Executive within five (5) days following of the Executive’s Termination Date, it shall not be required, required and this Section 5.6 5.4 shall be null and void.