Common use of Right to Severance Payment Clause in Contracts

Right to Severance Payment. If there has been a Change of Control of the Corporation and Employee is an active employee or an officer of the Corporation at the time of the Change of Control, and thereafter any of the following occur within seven hundred thirty (730) calendar days from and including the date of the Change of Control, (a) Employee's employment or officership is involuntarily terminated by the Corporation for any reason (other than Just Cause or Employee's death or Disability), (b) there shall be a reduction in Employee's base salary or other Compensation as in effect immediately prior to the Change of Control, (c) Employee is placed in any position of lesser stature than that of Chief Operating Officer of the Corporation; is assigned duties inconsistent with the Chief Operating Officer or duties which, if performed, would result in a significant change in the nature or scope of powers, authority, functions or duties inherent in such positions on the date hereof; is assigned performance requirements or working conditions which would result in a significant change in the nature of Employee's duties or work performance in effect on the date hereof; or is accorded treatment on a general basis that is in derogation of Employee's status as Chief Operating Officer, (d) any act by the Corporation which under Kansas law or statute would constitute a constructive termination of Employee's employment, or (e) any requirement of the Corporation that the location at which Employee perform Employee's principal duties for the Corporation be outside a radius of fifty (50) miles from the location at which Employee performed such duties immediately prior to the Change of Control; then the Agreement shall be deemed to have been terminated by the Corporation otherwise than by reason of Just Cause and the Corporation shall pay to Employee within thirty (30) days after notice from Employee to such effect a lump sum cash Severance Payment equal to the amount specified in Section II.2.2

Right to Severance Payment. If there has been a Change of Control of the Corporation and Employee is an active employee or an officer of the Corporation at the time of the Change of Control, and thereafter any of the following occur within seven hundred thirty (730) calendar days from and including the date of the Change of Control, (a) Employee's employment or officership is involuntarily terminated by the Corporation for any reason (other than Just Cause or Employee's death or Disability), (b) there shall be a reduction in Employee's base salary or other Compensation as in effect immediately prior to the Change of Control, (c) Employee is placed in any position of lesser stature than that of Chief Operating Executive Officer of the Corporation; is assigned duties inconsistent with the Chief Operating Executive Officer or duties which, if performed, would result in a significant change in the nature or scope of powers, authority, functions or duties inherent in such positions on the date hereof; is assigned performance requirements or working conditions which would result in a significant change in the nature of Employee's duties or work performance in effect on the date hereof; or is accorded treatment on a general basis that is in derogation of Employee's status as Chief Operating Executive Officer, (d) any act by the Corporation which under Kansas law or statute would constitute a constructive termination of Employee's employment, or (e) any requirement of the Corporation that the location at which Employee perform Employee's principal duties for the Corporation be outside a radius of fifty (50) miles from the location at which Employee performed such duties immediately prior to the Change of Control; then the Agreement shall be deemed to have been terminated by the Corporation otherwise than by reason of Just Cause and the Corporation shall pay to Employee within thirty (30) days after notice from Employee to such effect a lump sum cash Severance Payment equal to the amount specified in Section II.2.2

Right to Severance Payment. If there has been a Change of Control of the Corporation Company and Employee is you are an active employee or an officer of the Corporation Company at the time of the Change of Control, and thereafter any of the following occur (a) within seven hundred thirty days (730) calendar days from and including the date of the Change of Control, (a) Employee's your employment or officership is involuntarily terminated by the Corporation Company for any reason (other than Just Cause or Employee's your death or Disability), (b) there shall be a reduction in Employee's your base salary or other Compensation compensation as in effect immediately prior to the Change of Control, (c) Employee is you are placed in any position of lesser stature than that of Chief Operating Officer Executive Vice President of the CorporationCompany; is are assigned duties inconsistent with the Chief Operating Officer Executive Vice President or duties which, if performed, would result in a significant change in the nature or scope of powers, authority, functions or duties inherent in such positions on the date hereof; is assigned performance requirements or working conditions which would result in a significant change in the nature of Employee's duties or work performance in effect on the date hereof; or is are accorded treatment on a general basis that is in derogation of Employee's your status as Chief Operating Officeran Executive Vice President, (d) any act by the Corporation Company which under Kansas law or statute would constitute a constructive termination of Employee's your employment, or (e) any requirement of the Corporation Company that the location at which Employee you perform Employee's your principal duties for the Corporation Company be outside a radius of fifty (50) 25 miles from the location at which Employee you performed such duties immediately prior to the Change of Control; then the Agreement shall be deemed to have been terminated by the Corporation Company otherwise than by reason of Just Cause and the Corporation Company shall pay to Employee you within thirty (30) five days after notice from Employee you to such effect a lump sum cash Severance Payment payment equal to the amount specified in Section II.2.22.2(a) hereof. For purposes of determining whether you are an active employee or an officer of the Company at the time of the Change of Control, you will still be considered to be an active employee or officer if you are on sick leave, military leave or any other leave of absence approved by the Company or any of its Subsidiaries.

Right to Severance Payment. If there has been a Change of Control of the Corporation and Employee is an active employee or an officer of the Corporation at the time of the Change of Control, and thereafter any of the following occur within seven hundred thirty (730) calendar days from and including the date of the Change of Control, (a) Employee's employment or officership is involuntarily terminated by the Corporation for any reason (other than Just Cause or Employee's death or Disability), (b) there shall be a reduction in Employee's base salary or other Compensation as in effect immediately prior to the Change of Control, (c) Employee is placed in any position of lesser stature than that of Chief Operating Financial Officer of the Corporation; is assigned duties inconsistent with the Chief Operating Financial Officer or duties which, if performed, would result in a significant change in the nature or scope of powers, authority, functions or duties inherent in such positions on the date hereof; is assigned performance requirements or working conditions which would result in a significant change in the nature of Employee's duties or work performance in effect on the date hereof; or is accorded treatment on a general basis that is in derogation of Employee's status as Chief Operating Financial Officer, (d) any act by the Corporation which under Kansas law or statute would constitute a constructive termination of Employee's employment, or (e) any requirement of the Corporation that the location at which Employee perform Employee's principal duties for the Corporation be outside a radius of fifty (50) miles from the location at which Employee performed such duties immediately prior to the Change of Control; then the Agreement shall be deemed to have been terminated by the Corporation otherwise than by reason of Just Cause and the Corporation shall pay to Employee within thirty (30) days after notice from Employee to such effect a lump sum cash Severance Payment equal to the amount specified in Section II.2.2

Right to Severance Payment. If there has been a Change of Control of the Corporation and Employee is an active employee or an officer of the Corporation at the time of the Change of Control, and thereafter any of the following occur within seven hundred thirty (730) calendar days from and including the date of the Change of Control, (a) Employee's employment or officership is involuntarily terminated by the Corporation for any reason (other than Just Cause or Employee's death or Disability), (b) there shall be a reduction in Employee's base salary or other Compensation as in effect immediately prior to the Change of Control, (c) Employee is placed in any position of lesser stature than that of Chief Operating Officer President of the Corporation; is assigned duties inconsistent with the Chief Operating Officer President or duties which, if performed, would result in a significant change in the nature or scope of powers, authority, functions or duties inherent in such positions on the date hereof; is assigned performance requirements or working conditions which would result in a significant change in the nature of Employee's duties or work performance in effect on the date hereof; or is accorded treatment on a general basis that is in derogation of Employee's status as Chief Operating OfficerPresident, (d) any act by the Corporation which under Kansas law or statute would constitute a constructive termination of Employee's employment, or (e) any requirement of the Corporation that the location at which Employee perform Employee's principal duties for the Corporation be outside a radius of fifty (50) miles from the location at which Employee performed such duties immediately prior to the Change of Control; then the Agreement shall be deemed to have been terminated by the Corporation otherwise than by reason of Just Cause and the Corporation shall pay to Employee within thirty (30) days after notice from Employee to such effect a lump sum cash Severance Payment equal to the amount specified in Section II.2.2

Right to Severance Payment. If there has been a Change of Control of the Corporation Company and Employee is you are an active employee or an officer of the Corporation Company at the time of the Change of Control, and thereafter any of the following occur (a) within seven hundred thirty days (730) calendar days from and including the date of the Change of Control, (a) Employee's your employment or officership is involuntarily terminated by the Corporation Company for any reason (other than Just Cause or Employee's your death or Disability), (b) there shall be a reduction in Employee's your base salary or other Compensation compensation as in effect immediately prior to the Change of Control, (c) Employee is you are placed in any position of lesser stature than that of Chief Operating Financial Officer of the CorporationCompany; is are assigned duties inconsistent with the Chief Operating Financial Officer or duties which, if performed, would result in a significant change in the nature or scope of powers, authority, functions or duties inherent in such positions on the date hereof; is assigned performance requirements or working conditions which would result in a significant change in the nature of Employee's duties or work performance in effect on the date hereof; or is are accorded treatment on a general basis that is in derogation of Employee's your status as Chief Operating Financial Officer, (d) any act by the Corporation Company which under Kansas law or statute would constitute a constructive termination of Employee's your employment, or (e) any requirement of the Corporation Company that the location at which Employee you perform Employee's your principal duties for the Corporation Company be outside a radius of fifty (50) 25 miles from the location at which Employee you performed such duties immediately prior to the Change of Control; then the Agreement shall be deemed to have been terminated by the Corporation Company otherwise than by reason of Just Cause and the Corporation Company shall pay to Employee you within thirty (30) five days after notice from Employee you to such effect a lump sum cash Severance Payment payment equal to the amount specified in Section II.2.22.2(a) hereof. For purposes of determining whether you are an active employee or an officer of the Company at the time of the Change of Control, you will still be considered to be an active employee or officer if you are on sick leave, military leave or any other leave of absence approved by the Company or any of its Subsidiaries.