 Who shall receive benefits under this section 3 unless they have executed a Separation and Release Agreement?
No benefits under this section 3 shall be payable to Executive unless Executive and Company have executed a “ Separation and Release Agreement” (in substantially the form attached hereto as Exhibit A) within forty-five (45) days following the Termination Date and the payment of change in control benefits under this section 3 shall be subject to the terms and conditions of the Separation and Release Agreement .
Executive