Common use of Termination by Advance Other Than For Due Cause, Death or Disability Within Twelve Months After a Change In Control Clause in Contracts

Termination by Advance Other Than For Due Cause, Death or Disability Within Twelve Months After a Change In Control. If Advance terminates the Employee’s employment for other than Death, Disability or Due Cause prior to the expiration of the Term of this Agreement and within twelve (12) months after a Change In Control (as defined below), then (i) the Employee shall be entitled to a Change In Control Termination Payment as hereinafter defined and the Employee shall receive benefits as defined in Subsections 5(c) and (d) above and (ii) Advance shall provide written notice as described in Section 5 above.