Common use of Consulting and Advice Clause in Contracts

Consulting and Advice. During the time period that the Executive receives post-employment payments under Section 5, other than by reason of death or Disability, the Executive agrees that when and as requested, he will consult with the Company concerning policies, procedures and operations; provided, however, that such services shall not exceed 20% of Executive’s average amount of weekly work time during the thirty six (36) month period prior to the effective date of Executive’s termination from employment, in order to ensure that Executive’s separation from employment with the Company is considered a “Separation from Service” within the meaning of Section 409A of the Internal Revenue Code. Executive shall make himself available at reasonable times, with appropriate notice, not more frequent than three (3) times a month, and may, at the Executive’s election, be through telephone communication.