Common use of Protected Period Clause in Contracts

Protected Period. The “Protected Period” shall mean the period of time beginning with the Change of Control and ending on the two-year anniversary of such Change of Control or Executive’s death, if earlier; provided, however, if Executive’s employment with the Company is terminated by the Company other than for Cause during the Term and within six months prior to the date on which a Change of Control occurs (e.g., not during the Protected Period), and it is reasonably demonstrated by Executive that such termination was at the request of a third party who has taken steps reasonably calculated to effect the Change of Control, or otherwise arose in connection with or anticipation of the Change of Control, then for purposes of determining whether a Qualifying Termination has occurred and only for such purposes, the Change of Control shall be deemed to have occurred on the date immediately prior to the Date of Termination and Executive shall be deemed to have experienced a Qualifying Termination by the Company other than for Cause.

Protected Period. The “Protected Period” shall mean the period of time beginning with the Change of Control and ending on the two-year eighteen (18)-month anniversary of such Change of Control or Executive’s death, if earlier; provided, however, (a) if Executive’s employment with the Company is terminated by the Company other than for Cause during the Term and within six (6) months prior to the date on which a Change of Control occurs (e.g., not during the Protected Period), and (b) it is reasonably demonstrated by Executive that such termination was at the request of a third party who has taken steps reasonably calculated to effect the Change of Control, or otherwise arose in connection with or anticipation of the Change of Control, then then, for purposes of determining whether a Qualifying Termination has occurred and only for such purposesthis Agreement, the Change of Control shall be deemed to have occurred on the date immediately prior to the Date date of Termination Executive’s termination (except as otherwise expressly set forth herein) and Executive shall be deemed to have experienced a Qualifying Termination terminated by the Company during the Protected Period other than for Cause.

Protected Period. The “Protected Period” shall mean the period of time beginning with the Change of Control and ending on the two-year eighteen (18)-month anniversary of such Change of Control or Executive’s death, if earlier; provided, however, (a) if Executive’s employment with the Company is terminated by the Company other than for Cause during the Term and within six (6) months prior to the date on which a Change of Control occurs (e.g., not during the Protected Period), and (b) it is reasonably demonstrated by Executive that such termination was at the request of a third party who has taken steps reasonably calculated to effect the Change of Control, or otherwise arose in connection with or anticipation of the Change of Control, then for purposes of determining whether a Qualifying Termination has occurred and only for such purposes, this Agreement the Change of Control shall be deemed to have occurred on the date immediately prior to the Date date of Termination Executive’s termination (except as otherwise expressly set forth herein) and Executive shall be deemed to have experienced a Qualifying Termination terminated by the Company during the Protected Period other than for Cause.