Effect on Employment Agreement. This Agreement supplements, and does not replace, your Employment Agreement. If there is any conflict between the provisions of this Agreement and your Employment Agreement, such conflict shall be resolved so as to provide the greater benefit to you. However, the Company does not intend to provide duplicative payments, severance or benefits with in the Employment Agreement or under any employee severance plan to the extent such a plan exists or is subsequently implemented by the Company. As a result, benefits otherwise receivable pursuant to this Agreement shall be reduced or eliminated if and to the extent that you receive severance, consulting or non-competition payments or benefits pursuant to the Employment Agreement, including, but not limited to, payments or benefits pursuant to Section 6 of the Employment Agreement, or pursuant to an employee severance plan; provided that, in no event shall this provision affect or negate the accelerated vesting of stock options, restricted stock and other equity-based awards described in Section 4.
Appears in 3 contracts
Samples: Change of Control Agreement (Meritage Homes CORP), Change of Control Agreement (Meritage Homes CORP), Change of Control Agreement (Meritage Homes CORP)
Effect on Employment Agreement. This Agreement supplements, and does not replace, your Employment Agreement. If there is any conflict between the provisions of this Agreement and your Employment Agreement, such conflict shall be resolved so as to provide the greater benefit to you. However, the Company Rural/Metro does not intend to provide duplicative payments, severance or benefits with in any that may be provided pursuant to the Employment Agreement or under any employee severance plan to the extent such a plan exists or is subsequently implemented by the CompanyRural/Metro. As a result, benefits otherwise receivable pursuant to this Agreement shall be reduced or eliminated if and to the extent that you receive severance, consulting or non-competition payments or benefits pursuant to the Employment Agreement, including, but not limited to, payments or benefits pursuant to Section 6 9 of the Employment Agreement, or pursuant to an employee severance plan; provided that, in no event shall this provision affect or negate the accelerated vesting of stock options, restricted stock and other equity-based equity awards described in Section 4.
Appears in 2 contracts
Samples: Change of Control Agreement (Rural/Metro Corp /De/), Change of Control Agreement (Rural/Metro Corp /De/)
Effect on Employment Agreement. This Agreement supplements, and does not replace, your Employment Agreement. If there is any conflict between the provisions of this Agreement and your Employment Agreement, such conflict shall be resolved so as to provide the greater benefit to you. However, the Company does not intend to provide duplicative payments, severance or benefits with in the Employment Agreement or under any employee severance plan to the extent such a plan exists or is subsequently implemented by the Company. As a result, benefits otherwise receivable pursuant to this Agreement shall be reduced or eliminated if and to the extent that you receive severance, consulting or non-competition payments or benefits pursuant to the Employment Agreement, including, but not limited to, payments or benefits pursuant to Section 6 7 of the Employment Agreement, or pursuant to an employee severance plan; provided that, in no event shall this provision affect or negate the accelerated vesting of stock options, restricted stock and other equity-based awards described in Section 4.
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