Common use of Parachute Payment Clause in Contracts

Parachute Payment. Notwithstanding anything to the contrary in this Agreement, if the Employee is a "disqualified individual" (as defined in Section 280G(c) of the Code), and any severance benefit provided for in this Agreement, together with any other payments which Employee has the right to receive from the Company and its affiliates, would constitute a "parachute payment" (as defined in Section 280G(b)(2) of the Code), then Severance Payment together with the Change of Control Payment provided hereunder shall be either:

Parachute Payment. Notwithstanding anything to the contrary in this Agreement, if the Employee is a "“disqualified individual" ” (as defined in Section 280G(c) of the Code), and any severance benefit provided for in this Agreement, together with any other payments which or benefits that the Employee has the right to receive from the Company and its affiliates, would constitute a "“parachute payment" ” (as defined in Section 280G(b)(2) of the Code), then Severance Payment together with the Change of Control Payment provided hereunder payments under this Agreement (the Employee shall have the right to specify which) shall be either:

Parachute Payment. Notwithstanding anything to the contrary in this Agreement, if the Employee is a "disqualified individual" (as defined in Section 280G(c) of the Code), and any severance benefit provided for in this Agreement, together with any other payments which or benefits that the Employee has the right to receive from the Company and its affiliates, would constitute a "parachute payment" (as defined in Section 280G(b)(2) of the Code), then Severance Payment together with the Change of Control Payment provided hereunder payments under this Agreement (the Employee shall have the right to specify which) shall be either:

Parachute Payment. Notwithstanding anything to the contrary in this Agreement, if the Employee is a "“disqualified individual" ” (as defined in Section 280G(c) of the Code), and any severance benefit provided for in this Agreement, together with any other payments which Employee has the right to receive from the Company and its affiliates, would constitute a "“parachute payment" ” (as defined in Section 280G(b)(2) of the Code), then Severance Payment together with the Change of Control Payment provided any payments hereunder shall be either:

Parachute Payment. Notwithstanding anything to the contrary in this Agreement, if the Employee is a "disqualified individual" (as defined in Section 280G(c) of the Code), and any severance benefit provided for in this Agreement, together with any other payments which Employee has the right to receive from the Company and its affiliates, would constitute a "parachute payment" (as defined in Section 280G(b)(2) of the Code), then Severance Payment together with the Change of Control Payment provided hereunder shall be either:constitute

Parachute Payment. Notwithstanding anything to the contrary in this Agreement, if the Employee is a "disqualified individual" (as defined in Section 280G(c) of the Code), and any severance benefit provided for in this Agreement, together with any other payments which or benefits that Employee has the right to receive from the Company and its affiliates, would constitute a "parachute payment" (as defined in Section 280G(b)(2) of the Code), then Severance Payment together with the Change of Control Payment provided hereunder payments under this Agreement (the Employee shall have the right to specify which) shall be either: