Executive shall sign a mutually agreeable severance and release agreement as a condition to receiving the payments provided in this Section 6(a)(i)-(ii), which shall be provided by the Company before the Closing Date. For the avoidance of doubt, the release agreement will contain the following basic provisions: (a) general release in favor of the Company, its subsidiaries and affiliates (except for any indemnification obligations the Company may owe to Executive); (b) mutual non-disparagement; and (c) mutual confidentiality. Specifically, such severance payments shall be made only if such release agreement becomes effective and non-revocable by its terms by the date that is ninety (90) days after the date of termination (the “Required Release Date”). Notwithstanding anything to the contrary, the payments under Section 6(a)(i) shall commence on the first payroll date following the date on which the release agreement becomes effective and non-revocable by its terms (the “Release Effective Date”) and shall continue for the remaining term of the Severance Period: provided that such first payment shall include all amounts that otherwise would have been paid prior to the date the first payment is made had such payments commenced immediately upon employment termination. Any amount otherwise payable under Section 6(a)(ii) prior to the Release Effective Date shall be paid on the first payroll date after the Release Effective Date. Notwithstanding the two preceding sentences, to the extent necessary to comply with Section 409A of the Internal Revenue Code, if the date of employment termination and the Required Release Date are in two separate calendar years, any payment of amounts under this Section 6(a) that constitute deferred compensation within the meaning of Section 409A of the Internal Revenue Code shall be payable on the later of (i) the date such payment is otherwise payable under this Section 6(a), or (ii) the first payroll date of such second taxable year.