Control and Severance Agreement Sample Contracts

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FORM OF EXECUTIVE CHANGE IN CONTROL AND SEVERANCE AGREEMENT FOR TIER 2 EXECS
Control and Severance Agreement • November 16th, 2023 • Getaround, Inc • Services-auto rental & leasing (no drivers) • California

This Executive Change in Control and Severance Agreement (the “Agreement”) is made and entered into by and between ____________________ (“Executive”) and Getaround, Inc. (the “Company”), effective as of _______________ (the “Effective Date”). Unless otherwise renewed in the Company’s discretion, this Agreement shall terminate on the three (3) year anniversary of the Effective Date.

CHANGE IN CONTROL AND SEVERANCE AGREEMENT
Control and Severance Agreement • August 16th, 2021 • Athira Pharma, Inc. • Biological products, (no disgnostic substances) • Washington

This Change in Control and Severance Agreement (the “Agreement”) is made by and between Athira Pharma, Inc., a Delaware corporation (the “Company”), and Rachel Lenington (“Executive”), effective as of June 14, 2021 (the “Effective Date”).

PACIFIC BIOSCIENCES OF CALIFORNIA, INC. CHANGE IN CONTROL AND SEVERANCE AGREEMENT
Control and Severance Agreement • January 24th, 2023 • Pacific Biosciences of California, Inc. • Laboratory analytical instruments • California

This Change in Control and Severance Agreement (the “Agreement”) is made and entered into by and between Susan Kim (“Executive”) and Pacific Biosciences of California, Inc., a Delaware corporation (the “Company”), effective as of February 3, 2021 (the “Effective Date”).

AMENDED AND RESTATED CHANGE IN CONTROL AND SEVERANCE AGREEMENT
Control and Severance Agreement • August 8th, 2023 • Silk Road Medical Inc • Surgical & medical instruments & apparatus • California

This Amended and Restated Change in Control and Severance Agreement (the “Agreement”) is made between Silk Road Medical, Inc. (the “Company”) and Andrew Davis (the “Executive”), effective as of June 22, 2022.

Change in Control and Severance Agreement
Control and Severance Agreement • January 14th, 2022 • Basis Global Technologies, Inc. • Services-computer programming, data processing, etc. • California

This Change in Control and Severance Agreement (the “Agreement”) is entered into by and between [Name] (the “Executive”) and Basis Global Technologies, Inc., a Delaware corporation (the “Company”), effective as of (the “Effective Date”).

SECOND AMENDMENT TO THE CHANGE IN CONTROL AND SEVERANCE AGREEMENT BETWEEN RUDDICK CORPORATION and JOHN B. WOODLIEF
Control and Severance Agreement • February 7th, 2013 • Harris Teeter Supermarkets, Inc. • Retail-grocery stores • North Carolina

This Second Amendment to the Change in Control and Severance Agreement between Ruddick Corporation and John B. Woodlief is made and entered into effective on the dated signed below, by and between John B. Woodlief (“Executive”) and Harris Teeter Supermarkets, Inc. (f/k/a Ruddick Corporation), a North Carolina corporation (“Company”). As used herein, the term “Company” shall include the Company and any and all of its subsidiaries, unless the context otherwise requires.

FIRST AMENDMENT TO THE CHANGE IN CONTROL AND SEVERANCE AGREEMENT BETWEEN RUDDICK CORPORATION and THOMAS W. DICKSON
Control and Severance Agreement • February 10th, 2012 • Ruddick Corp • Retail-grocery stores

This First Amendment to the Change in Control and Severance Agreement is made and entered into effective the 9th day of February, 2012, by and between Thomas W. Dickson (“Executive”) and Ruddick Corporation, a North Carolina corporation in Charlotte, North Carolina (“Company”). As used herein, the term “Company” shall include the Company and any and all of its subsidiaries, unless the context otherwise requires.

4D MOLECULAR THERAPEUTICS, INC. CHANGE IN CONTROL AND SEVERANCE AGREEMENT
Control and Severance Agreement • February 29th, 2024 • 4D Molecular Therapeutics, Inc. • Biological products, (no disgnostic substances) • California

This Change in Control and Severance Agreement (the “Agreement”) is made and entered into by and between (“Executive”) and 4D Molecular Therapeutics, Inc. (the “Company”), effective as of the latest date set forth by the signatures of the parties hereto below (the “Effective Date”).

November 7, 2023
Control and Severance Agreement • February 27th, 2024 • Nextdoor Holdings, Inc. • Services-computer programming, data processing, etc. • California

This letter agreement confirms your promotion to the role of Chief Financial Officer of Nextdoor, Inc. (the “Company”)1 effective November 7, 2023, and hereby amends and restates your prior offer letter, dated May 28, 2019 (the “Prior Agreement”).

AMENDED AND RESTATED CHANGE IN CONTROL AND SEVERANCE AGREEMENT
Control and Severance Agreement • January 17th, 2019 • Loxo Oncology, Inc. • Pharmaceutical preparations • Connecticut

This Amended and Restated Change in Control and Severance Agreement (this “Agreement”) is entered into by and between Jacob S. Van Naarden (the “Executive”) and Loxo Oncology, Inc., a Delaware corporation (the “Company”), on June 1, 2018 (the “Effective Date”).

OOMA, INC. EXECUTIVE CHANGE IN CONTROL AND SEVERANCE AGREEMENT
Control and Severance Agreement • June 15th, 2015 • Ooma Inc • Services-computer processing & data preparation • California

This Executive Change in Control and Severance Agreement (the “Agreement”) is made and entered into by and between Eric Stang (“Executive”) and Ooma, Inc. (the “Company”), effective as of June 9, 2015 (the “Effective Date”).

ANACOR PHARMACEUTICALS, INC. CHANGE OF CONTROL AND SEVERANCE AGREEMENT
Control and Severance Agreement • September 10th, 2010 • Anacor Pharmaceuticals Inc • Pharmaceutical preparations • California

This Change of Control and Severance Agreement (the "Agreement") is dated as of [ ], by and between ("Employee") and Anacor Pharmaceuticals, Inc., a Delaware corporation (the "Company" or "Anacor"). This Agreement is intended to provide Employee with certain benefits described herein upon the occurrence of specific events.

MAXAR TECHNOLOGIES INC. EXECUTIVE CHANGE IN CONTROL AND SEVERANCE AGREEMENT
Control and Severance Agreement • November 3rd, 2022 • Maxar Technologies Inc. • Radio & tv broadcasting & communications equipment • Colorado

This Executive Change in Control and Severance Agreement (the “Agreement”) is made and entered into by and between [____________] (“Executive”) and Maxar Technologies Inc. (the “Company”), effective as of [______], 2022 (the “Effective Date”). This Agreement supersedes and replaces in its entirety the Executive Change in Control and Severance Agreement between Executive and the Company, dated as of [___________] (the “Prior Agreement”).

TELENAV, INC. STEVE DEBENHAM CHANGE IN CONTROL AND SEVERANCE AGREEMENT
Control and Severance Agreement • November 8th, 2019 • Telenav, Inc. • Search, detection, navagation, guidance, aeronautical sys • California

This Change in Control and Severance Agreement (the “Agreement”) is made and entered into by and between Steve Debenham (“Executive”) and TeleNav, Inc. (the “Company”), effective as of August 15, 2019 (the “Effective Date”).

BLOOM ENERGY CORPORATION EMPLOYMENT, CHANGE IN CONTROL AND SEVERANCE AGREEMENT
Control and Severance Agreement • January 9th, 2024 • Bloom Energy Corp • Electrical industrial apparatus • California

This Employment, Change in Control and Severance Agreement (the “Agreement”), entered into effective as of January 5, 2024 (the “Effective Date”) between Bloom Energy Corporation, a Delaware corporation (the “Company”), and Aman Joshi (“Executive” and, together with the Company, the “Parties”).

RECITALS
Control and Severance Agreement • November 14th, 2000 • Informix Corp • Services-prepackaged software • California
MAXLINEAR, INC. AMENDED AND RESTATED CHANGE IN CONTROL AND SEVERANCE AGREEMENT
Control and Severance Agreement • December 19th, 2018 • Maxlinear Inc • Semiconductors & related devices • California

This Amended and Restated Change in Control and Severance Agreement (the “Agreement”) is made and entered into by and between ____________ (“Executive”) and MaxLinear, Inc. (the “Company” and, together with the “Executive,” the “Parties”), effective as of __________________ (the “Effective Date”), and amends and restates in its entirety the Change in Control and Severance Agreement made and entered into by and between the Parties, effective as of [DATE] (such agreement, the “Prior Agreement”).

Waiver Under Change in Control and Severance Agreement
Control and Severance Agreement • May 21st, 2020 • Marin Software Inc • Services-computer processing & data preparation

This Waiver under Change in Control and Severance Agreement (this “Waiver”) is made as of May 20, 2020 by and between Marin Software Incorporated, a Delaware corporation (the “Company”), and the executive of the Company identified below (the “Executive”).

CHANGE IN CONTROL AND SEVERANCE AGREEMENT
Control and Severance Agreement • June 30th, 2015 • Fidelity D & D Bancorp Inc • National commercial banks • Pennsylvania

THIS AGREEMENT is made this 26th day of June, 2015, between Fidelity D& D Bancorp, Inc. ("Corporation") and The Fidelity Deposit and Discount Bank ("Bank"), whose primary place of business is at Blakely and Drinker Streets, Dunmore, PA 18512 and Eugene J. Walsh ("Executive"), an individual residing at 6 Cartel Lane, Spring Brook, PA 18444 (collectively, the "Parties”; individually, a "Party").

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AKAMAI TECHNOLOGIES, INC. FORM OF CHANGE IN CONTROL AND SEVERANCE AGREEMENT
Control and Severance Agreement • November 17th, 2015 • Akamai Technologies Inc • Services-business services, nec • Massachusetts

This Change in Control and Severance Agreement (the “Agreement”) is made and entered into by and between ______________________________ (the “Executive”) and Akamai Technologies, Inc. (the “Company”), effective as of the last date set forth by the signatures of the parties below (the “Effective Date”).

Change in Control and Severance Agreement
Control and Severance Agreement • April 29th, 2021 • Morphic Holding, Inc. • Pharmaceutical preparations • Massachusetts

This Change in Control and Severance Agreement (the “Agreement”) is entered into by and between Peter Linde (the “Executive”) and Morphic Holding, Inc., a Delaware corporation (the “Company”) 1, and is effective as of the Effective Date.

HIMS, INC. FORM OF CHANGE IN CONTROL AND SEVERANCE AGREEMENT
Control and Severance Agreement • February 27th, 2023 • Hims & Hers Health, Inc. • Services-offices & clinics of doctors of medicine • California

This Change in Control Severance Agreement (the “Agreement”) is made and entered into by and between [NAME OF EMPLOYEE OR DIRECTOR] (the “Executive”) and Hims, Inc., a Delaware corporation (the “Company”), effective as of the date specified in Section 1 below.

INVENSENSE, INC. EXECUTIVE CHANGE IN CONTROL AND SEVERANCE AGREEMENT
Control and Severance Agreement • May 21st, 2014 • InvenSense Inc • Semiconductors & related devices • California

This Executive Change in Control and Severance Agreement (the “Agreement”) is made and entered into by and between [NAME] (“Executive”) and InvenSense, Inc. (the “Company”), effective as of [DATE], 20[*] (the “Effective Date”).

A10 NETWORKS, INC. FORM OF CHANGE IN CONTROL AND SEVERANCE AGREEMENT
Control and Severance Agreement • November 21st, 2019 • A10 Networks, Inc. • Computer communications equipment • California

This Change in Control and Severance Agreement (the “Agreement”) is made and entered into by and between Dhrupad Trivedi (“Executive”) and A10 Networks, Inc., a Delaware corporation (the “Company”), effective as of , 2019 (the “Effective Date”).

QUINCE THERAPEUTICS, INC. EXECUTIVE CHANGE IN CONTROL AND SEVERANCE AGREEMENT
Control and Severance Agreement • November 14th, 2023 • Quince Therapeutics, Inc. • Biological products, (no disgnostic substances) • California

This Executive Change in Control and Severance Agreement (the "Agreement') is made and entered into by and between Charles Ryan ("Executive") and Quince Therapeutics, Inc. (the"Company"), effective as of September 1, 2023 (the"Effective Date").

RAINING DATA CORPORATION CHANGE OF CONTROL AND SEVERANCE AGREEMENT
Control and Severance Agreement • June 6th, 2003 • Raining Data Corp • Services-prepackaged software • California

This Change of Control and Severance Agreement (the "Agreement") is made and entered into effective as of April 3, 2003 (the "Effective Date"), by and between Carlton H. Baab (the "Employee") and Raining Data Corporation, a Delaware corporation (the "Company"). Certain capitalized terms used in this Agreement are defined in Section 1 below.

Form of Change in Control and Severance Agreement
Control and Severance Agreement • February 6th, 2017 • Model N, Inc. • Services-computer programming, data processing, etc. • California

This Change in Control and Severance Agreement (the “Agreement”) is entered into by and between _________________ (the “Executive”) and Model N, Inc., a Delaware corporation (the “Company”), on _______________ (the “Effective Date”).

KINNATE BIOPHARMA INC. CHANGE IN CONTROL AND SEVERANCE AGREEMENT
Control and Severance Agreement • June 7th, 2021 • Kinnate Biopharma Inc. • Pharmaceutical preparations • California

This Change in Control and Severance Agreement (the “Agreement”) is made by and between Kinnate Biopharma Inc., a Delaware corporation (the “Company”), and Neha Krishnamohan (“Executive”), effective as of the Effective Date, as defined in Section 7 below.

RECITALS:
Control and Severance Agreement • August 3rd, 2004 • Oak Hill Financial Inc • State commercial banks • Ohio
TIGERLOGIC CORPORATION AMENDED CHANGE OF CONTROL AND SEVERANCE AGREEMENT
Control and Severance Agreement • December 19th, 2008 • TigerLogic CORP • Services-prepackaged software • California

This Amended Change of Control and Severance Agreement (the “Agreement”) is made and entered into effective as of December 18, 2008 (the “Effective Date”), by and between Carlton H. Baab (the “Employee”) and TigerLogic Corporation (formerly known as Raining Data Corporation), a Delaware corporation (the “Company”), and amends and restates the change of control and severance agreement entered into effective as of April 3, 2003, by the Company and the Employee. Certain capitalized terms used in this Agreement are defined in Section 1 below.

ARLO TECHNOLOGIES, INC. FORM OF CHANGE IN CONTROL AND SEVERANCE AGREEMENT
Control and Severance Agreement • August 6th, 2020 • Arlo Technologies, Inc. • Household audio & video equipment • California

This Change in Control and Severance Agreement (the “Agreement”) was first made between Arlo Technologies, Inc. (the “Company”) and ______________ (the “Executive”), effective as of _________, 20__ (the “Effective Date”).

SECOND AMENDMENT TO THE CHANGE IN CONTROL AND SEVERANCE AGREEMENT BETWEEN RUDDICK CORPORATION and FREDERICK J. MORGANTHALL, II
Control and Severance Agreement • February 7th, 2013 • Harris Teeter Supermarkets, Inc. • Retail-grocery stores • North Carolina

This Second Amendment to the Change in Control and Severance Agreement between Ruddick Corporation and Frederick J. Morganthall, II is made and entered into effective the 31st day of December, 2012, by and between Frederick J. Morganthall, II (“Executive”) and Harris Teeter Supermarkets, Inc. (f/k/a Ruddick Corporation), a North Carolina corporation (“Company”). As used herein, the term “Company” shall include the Company and any and all of its subsidiaries, unless the context otherwise requires.

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