Common use of Benefits to Employee Upon a Change of Control Termination Clause in Contracts

Benefits to Employee Upon a Change of Control Termination. In the event of a Change of Control Termination (as defined in Section 7.2(c) below), the Employee shall be entitled to all accrued and unpaid base salary and any accrued but unused vacation through the date of termination. In addition, subject to the Employee’s execution and non-revocation of a binding Severance Agreement, the Employee shall be eligible to receive the following separation benefits: (a) the separation benefits described in and payable at the time and in the manner set forth in Sections 5.1 and 5.2 above, except that all references to “nine (9) months” Section 5.1 shall be deleted; and (b) full and immediate vesting of the shares subject to the Initial Option, the Anti-Dilution Option (provided the Company has granted to the Employee the Anti-Dilution Option in accordance with Section 3.5(b)) and any other stock option or other equity awards that may be granted to the Employee by the Company in the future. The Initial Option and the Anti-Dilution Option, and any additional equity awards granted to the Employee will remain exercisable following termination to the extent set forth in the applicable stock option agreements.