COMPANY’S OBLIGATIONS UPON CERTAIN TERMINATIONS OF EMPLOYMENT. 20 4.1 TERMINATION DURING THE POST-CHANGE PERIOD OR POST-SIGNIFICANT ACQUISITION PERIOD 20 4.2 TERMINATION DURING AN IMMINENT CONTROL CHANGE PERIOD 24 4.3 TERMINATION DURING A POST-DISAGGREGATION PERIOD 27 4.4 TIMING OF SEVERANCE PAYMENTS 28 4.5 WAIVER AND RELEASE 29 4.6 BREACH OF COVENANTS 29 4.7 TERMINATION BY THE COMPANY FOR CAUSE 29 4.8 TERMINATION BY EXECUTIVE OTHER THAN FOR GOOD REASON 29 4.9 TERMINATION BY THE COMPANY FOR DISABILITY 29 4.10 UPON DEATH 30 4.11 SOLE AND EXCLUSIVE OBLIGATIONS 30 ARTICLE V. CERTAIN ADDITIONAL PAYMENTS BY THE COMPANY 31 5.1 GROSS-UP PAYMENT 31 5.2 LIMITATION ON GROSS-UP PAYMENTS 31 5.3 ADDITIONAL GROSS-UP AMOUNTS 32 5.4 AMOUNT INCREASED OR CONTESTED 32 5.5 REFUNDS 34 ARTICLE VI. EXPENSES, INTEREST AND DISPUTE RESOLUTION 35 6.1 ENFORCEMENT AND LATE PAYMENTS 35 6.2 INTEREST 35 6.3 ARBITRATION 35 ARTICLE VII. NO SET-OFF OR MITIGATION 36 7.1 NO SET-OFF BY COMPANY 36 7.2 NO MITIGATION 36 ARTICLE VIII. RESTRICTIVE COVENANTS 37 8.1 CONFIDENTIAL INFORMATION 37 8.2 NON-COMPETITION 37 8.3 NON-SOLICITATION 38 8.4 INTELLECTUAL PROPERTY 38 8.5 REASONABLENESS OF RESTRICTIVE COVENANTS 39 8.6 RIGHT TO INJUNCTION; SURVIVAL OF UNDERTAKINGS 40 ARTICLE IX. NON-EXCLUSIVITY OF RIGHTS 40 9.1 OTHER RIGHTS 40 9.2 NO RIGHT TO CONTINUED EMPLOYMENT 41 ARTICLE X. MISCELLANEOUS 41 10.1 NO ASSIGNABILITY 41 10.2 SUCCESSORS 41 10.3 AFFILIATES 41 10.4 PAYMENTS TO BENEFICIARY 41 10.5 NON-ALIENATION OF BENEFITS 41 10.6 SEVERABILITY 41 10.7 AMENDMENTS 42 10.8 NOTICES 42 10.9 JOINT AND SEVERAL LIABILITY 42 10.10 COUNTERPARTS 42 10.11 GOVERNING LAW 42 10.12 CAPTIONS 43 10.13 NUMBER AND GENDER 43 10.14 TAX WITHHOLDING 43 10.15 NO WAIVER 43 10.16 ENTIRE AGREEMENT 43 EXELON CORPORATION CHANGE-IN-CONTROL EMPLOYMENT AGREEMENT THIS AGREEMENT dated , 200 (the “Agreement Date”), is made by and among Exelon Corporation, incorporated under the laws of the Commonwealth of Pennsylvania (together with successors thereto, the “Company”), on behalf of itself and , a corporation (together with successors thereto, the “Subsidiary”), and (“Executive”).
COMPANY’S OBLIGATIONS UPON CERTAIN TERMINATIONS OF EMPLOYMENT. 4.1 Termination During the Post-Change Period or Post-Significant Acquisition Period. If, during the Post-Change Period or Post-Significant Acquisition Period (other than any portion of any of such periods that are also a Post-Disaggregation Period), the Employer terminates Executive’s employment other than for Cause or Disability, or Executive terminates employment for Good Reason, the Company’s sole obligations to Executive under Articles II and IV shall be as set forth in this Section 4.1.
COMPANY’S OBLIGATIONS UPON CERTAIN TERMINATIONS OF EMPLOYMENT. 4.1 Termination During the Post-Change Employment Period. If, during the Post-Change Employment Period (other than during a Post-Merger of Equals Period) the Company terminates Executive's employment other than for Cause or Disability, or Executive terminates employment for Good Reason, Section 6.3 of the Employment Agreement (Termination Without Cause or For Good Reason) shall not apply, and the Company's sole obligations to Executive under Articles II and IV shall be as follows:
COMPANY’S OBLIGATIONS UPON CERTAIN TERMINATIONS OF EMPLOYMENT. 23 4.1 Termination During the Post-Change Employment Period ..............23 4.2 Termination During a Post-Merger of Equals Period .................26 4.3 Termination During an Imminent Control Change Period (with no Change of Control) .......................................27 4.4 Termination During an Imminent Control Change Period (which Culminates in a Change of Control) .........................28 4.5
COMPANY’S OBLIGATIONS UPON CERTAIN TERMINATIONS OF EMPLOYMENT
