Executive acknowledges and agrees that any and all payments to which Executive is entitled under this Section 10 (in excess of those otherwise required by law or the terms of any benefit plan, program or arrangement) are conditional upon and subject to Executive’s execution of the mutual Release and Covenant Not to Sue in the form attached hereto as Exhibit A (which form may be modified as mutually agreed to reflect changes in the law following the Effective Date). The Company shall execute and deliver to Executive such Release and Covenant Not to Sue within five days following the termination of employment. Executive shall then execute and deliver to the Company such Release and Covenant Not to Sue within 60 days following termination of employment, and, except as otherwise provided in Section 12(r), any payments that are subject to the execution of such Release and Covenant Not to Sue shall commence to be paid on the 61st day following termination of employment. In the event that the Company fails to execute and deliver to Executive such Release and Covenant Not to Sue as required by this Section 10(f) within five days following the termination of employment, then Executive shall have no obligation to execute or deliver such Release and Covenant Not to Sue as a condition to any payment under this Section 10.