Common use of Change in Control or Termination of Grantee's Service Relationship Clause in Contracts

Change in Control or Termination of Grantee's Service Relationship. (a) If the Grantee’s Continuous Service terminates prior to the final scheduled vesting date in Section 3, the provisions of Sections 4(b) through Section 4(e) shall govern the treatment of the Grantee’s LTIP Units exclusively, unless the Grantee’s Employment or Services Agreement contains provisions that expressly refer to this Section 4(a) and provides that those provisions of the Employment or Services Agreement shall instead govern the treatment of the Grantee’s LTIP Units. In the event an entity of which the Grantee is an employee ceases to be a Subsidiary or affiliate of the Company, such action shall be deemed to be a termination of employment of the Grantee for purposes of this Agreement, unless the Grantee promptly thereafter becomes an employee of the Company, a Subsidiary or any of its affiliates, provided that, the Board, in its sole and absolute discretion, may make provision in such circumstances for lapse of forfeiture restrictions and/or accelerated vesting of some or all of the Grantee’s LTIP Units that have not previously been forfeited, effective immediately prior to such event. If a Change in Control occurs, Section 4(c) shall govern the treatment of the Grantee’s LTIP Units exclusively.

Change in Control or Termination of Grantee's Service Relationship. (a) If the Grantee’s Continuous Service terminates prior to the final scheduled vesting date in Section 3, the provisions of Sections 4(b) through Section 4(e4(f) shall govern the treatment of the Grantee’s LTIP Units exclusively, unless the Grantee’s Employment or Services Agreement contains provisions that expressly refer to this Section 4(a) and provides that those provisions of the Employment or Services Agreement shall instead govern the treatment of the Grantee’s LTIP Units. In the event an entity of which the Grantee is an employee ceases to be a Subsidiary or affiliate of the Company, such action shall be deemed to be a termination of employment of the Grantee for purposes of this Agreement, unless the Grantee promptly thereafter becomes an employee of the Company, a Subsidiary or any of its affiliates, provided that, the Board, in its sole and absolute discretion, may make provision in such circumstances for lapse of forfeiture restrictions and/or accelerated vesting of some or all of the Grantee’s LTIP Units that have not previously been forfeited, effective immediately prior to such event. If a Change in Control occurs, Section 4(c4(d) shall govern the treatment of the Grantee’s LTIP Units exclusively.