Common use of Amounts Subject to Release Clause in Contracts

Amounts Subject to Release. To the extent any amount payable hereunder is considered nonqualified deferred compensation subject to Section 409A and the period during which Employee has discretion to execute or revoke a release straddles two (2) taxable years of Employee, then the Company will commence the payments and/or benefits in the second of such taxable years, and Employee may not, directly or indirectly, designate the calendar year of any such payment. Each of the undersigned acknowledges that he/it (a) has read and fully understands all the terms and conditions of this Agreement, (b) has had sufficient time to consider this Agreement and to consult about it with an attorney, and (c) is signing it knowingly, voluntarily and willingly. This Agreement is effective once signed by all the parties and can be executed in multiple identical counterparts and via email and fax. Unless the context expressly requires otherwise, when used in this Agreement, the words “includes” and “including” are not limiting and shall be interpreted as if the phrase “without limitation” immediately followed any such word.

Amounts Subject to Release. To the extent any amount payable hereunder is considered nonqualified deferred compensation subject to Section 409A and the period during which Employee has discretion to execute or revoke a release the Release straddles two (2) taxable years of Employee, then the Company will commence the payments and/or benefits in the second of such taxable years, and Employee may not, directly or indirectly, designate the calendar year of any such payment. Each of the undersigned acknowledges that he/it (a) has read and fully understands all the terms and conditions of this Agreement, (b) has had sufficient time to consider this Agreement and to consult about it with an attorney, and (c) is signing it knowingly, voluntarily and willingly. This Agreement is effective once signed by all the parties both Parties and can be executed in multiple identical counterparts and via email and fax. Unless the context expressly requires otherwise, when used in this Agreement, the words “includes” and “including” are not limiting and shall be interpreted as if the phrase “without limitation” immediately followed any such word.