Executive agrees that, as a condition to receiving the severance payments and benefits set forth in Section 2.1 or Section 2.6 , as applicable, Executive will execute a release of claims substantially in the form of the release attached hereto as Exhibit A .  Within two business days of Executive’s date of termination, the Company shall deliver to Executive the release for Executive to execute.  Executive will forfeit all rights to the severance payments and benefits set forth in Section 2.1 or Section 2.6 , as applicable, unless, within fifty-five (55) days of delivery of the release by the Company to Executive, Executive executes and delivers the release to the Company and such release has become irrevocable by virtue of the expiration of the revocation period without the release having been revoked (the first such date, the “ Release Effective Date ”).  The Company’s obligation to pay the severance payments and benefits set forth in Section 2.1 or Section 2.6 , as applicable, is subject to the occurrence of the Release Effective Date, and if the Release Effective Date does not occur, then the Company shall have no obligation to pay the severance payments and benefits set forth in Section 2.1 or Section 2.6 , as applicable.  To the extent that the Release Effective Date could occur in one of two (2) taxable years of Executive depending on when Executive executes and delivers the release, any deferred compensation payment (which is subject to Section 409A of the Internal Revenue Code of 1986, as amended (the “ Code ”)) that is conditioned on execution of the release shall be made no earlier than the first business day of the later of such taxable years.