Notwithstanding any provision herein to the contrary, the payment of any amount or provision of any benefit pursuant to Section 4.3(b), (c), or (d) (other than the Accrued Amounts) (collectively, the “ Severance Benefits ”) shall be conditioned upon Executive’s timely delivery to the Company of a fully effective and non-revocable release of claims in favor of the Company substantially in the form attached hereto as Exhibit B , with such changes thereto as the Company determines are required for the agreement to comply with applicable law (the “ Release ”), on or before the sixtieth (60 th ) day following the date of termination of employment. Notwithstanding anything herein to the contrary, with respect to any payment of the Severance Benefits that constitutes “nonqualified deferred compensation” for purposes of Section 409A and that is subject to the foregoing Release that is (a) paid in installments that would otherwise commence prior to the sixtieth (60th) day after the date of termination, the first payment of any such payment shall be made on the sixtieth (60th) day after the date of termination, and will include payment of any amounts that were otherwise due prior thereto, or (b) paid in a lump sum that would otherwise be paid prior to the sixtieth (60th) day after the date of termination, such payment shall be made on the sixtieth (60th) day after the date of termination.