Common use of Events Giving Rise to Benefits Clause in Contracts

Events Giving Rise to Benefits. Except as provided in Section 2(d) (Certain Reductions in Payment) below, Executive shall be entitled to payments and other benefits as set forth in Sections 2(b) and 2(c) if the Company shall terminate Executive's employment other than for Cause, or Executive shall terminate his or her employment for Good Reason, in either case within twenty-four (24) months after a Change in Control. Executive's right to receive compensation and benefits under this Agreement shall be subject to the terms and conditions of the Company's release from and waiver by Executive of claims, non-compete agreement and non-solicitation agreement for executive employees. No payments or benefits shall be paid pursuant to this Agreement unless, on or before the thirtieth (30th) day following the effective date of Executive’s termination of employment, Executive delivers to the Company an executed release and waiver of claims, non-compete agreement and non-solicitation agreement and all revocation periods thereunder shall have expired. The release shall not release Executive's right to receive indemnification and defense from the Company for any claims arising out of the performance of Executive's duties on behalf of the Company. Termination of employment due to Cause, Death, Disability or Retirement at any time before or after a Change in Control shall not give rise to any rights to compensation or benefits under this Agreement.

Events Giving Rise to Benefits. Except as provided in Section 2(d) (Certain Reductions in Payment) below, Executive shall be entitled to payments and other benefits as set forth in Sections 2(b) and 2(c) if the Company shall terminate Executive's ’s employment other than for Cause, or Executive shall terminate his or her employment for Good Reason, in either case within twenty-four (24) months after a Change in Control. Executive's ’s right to receive compensation and benefits under this Agreement shall be subject to the terms and conditions of the Company's ’s release from and waiver by Executive of claims, non-compete agreement and non-solicitation agreement for executive employees. No payments or benefits shall be paid pursuant to this Agreement unless, on or before the thirtieth (30th) day following the effective date of Executive’s termination of employment, unless Executive delivers to the Company an executed executes such release and waiver of claims, non-compete agreement and non-solicitation agreement and all revocation periods thereunder shall have expiredexpired on or before the thirtieth (30th) day following the effective date of Executive’s termination of employment. The release shall not release Executive's ’s right to receive indemnification and defense from the Company for any claims arising out of the performance of Executive's ’s duties on behalf of the Company. Termination of employment due to Cause, Death, Disability or Retirement at any time before or after a Change in Control shall not give rise to any rights to compensation or benefits under this Agreement.