Common use of Effect on Other Plans and Agreements Clause in Contracts

Effect on Other Plans and Agreements. An election by you to resign for Good Reason under the provisions of this Agreement shall not be deemed a voluntary termination of employment by you for the purpose of interpreting the provisions of any of the Company's benefit plans, programs or policies. Nothing in this Agreement shall be construed to limit the rights of you under the Company’s benefit plans, programs or policies except as otherwise provided in Section 8 hereof, and except that you shall have no rights to any severance benefits under any Company severance pay plan, offer letter or otherwise. In the event that you are a party to an agreement with the Company providing for payments or benefits under such plan or agreement and under this Agreement, the terms of this Agreement shall govern and you may receive payment under this Agreement only and not both. Further, Section 5 and Section 6 of this Agreement are mutually exclusive and in no event shall you be entitled to payments or benefits pursuant to both Section 5 and Section 6 of this Agreement.

Effect on Other Plans and Agreements. An election by you the Executive to resign for Good Reason under the provisions of this Agreement shall not be deemed a voluntary termination of employment by you the Executive for the purpose of interpreting the provisions of any of the Company's ’s benefit plans, programs or policies. Nothing in this Agreement shall be construed to limit the rights of you the Executive under the Company’s benefit plans, programs or policies except as otherwise provided in Section 8 7 hereof, and except that you the Executive shall have no rights to any severance benefits under any Company severance pay plan, offer letter or otherwise. In the event that you are a the Executive is party to an agreement with the Company providing for payments or benefits under such plan or agreement and under this Agreement, the terms of this Agreement shall govern and you the Executive may receive payment under this Agreement only and not both. Further, Section 5 4 and Section 6 5 of this Agreement are mutually exclusive and in no event shall you the Executive be entitled to payments or benefits pursuant to both Section 4 and Section 5 and Section 6 of this Agreement.

Effect on Other Plans and Agreements. An election by you the Executive to resign for Good Reason under the provisions of this Agreement shall not be deemed a voluntary termination of employment by you the Executive for the purpose of interpreting the provisions of any of the Company's ’s benefit plans, programs or policies. Nothing in this Agreement shall be construed to limit the rights of you the Executive under the Company’s benefit plans, programs or policies except as otherwise provided in Section 8 hereof, and except that you the Executive shall have no rights to any severance benefits under any Company severance pay plan, offer letter or otherwise. In the event that you are a the Executive is party to an agreement with the Company providing for payments or benefits under such plan or agreement and under this Agreement, the terms of this Agreement shall govern and you the Executive may receive payment under this Agreement only and not both. Further, Section 5 6 and Section 6 7 of this Agreement are mutually exclusive and in no event shall you the Executive be entitled to payments or benefits pursuant to both Section 5 6 and Section 6 7 of this Agreement.

Effect on Other Plans and Agreements. An election by you the Executive to resign for Good Reason under the provisions of this Agreement shall not be deemed a voluntary termination of employment by you the Executive for the purpose of interpreting the provisions of any of the Company's ’s benefit plans, programs or policies. Nothing in this Agreement shall be construed to limit the rights of you the Executive under the Company’s benefit plans, programs or policies except as otherwise provided in Section 8 7 hereof, and except that you the Executive shall have no rights to any severance benefits under any Company severance pay plan, offer letter or otherwise. In the event that you are a the Executive is party to an agreement with the Company providing for payments or benefits under such plan or agreement and under this Agreement, the terms of this Agreement shall govern and you the Executive may receive payment under this Agreement only and not both. Further, Section 5 and Section 6 of this Agreement are mutually exclusive and in no event shall you the Executive be entitled to payments or benefits pursuant to both Section 5 and Section 6 of this Agreement.

Effect on Other Plans and Agreements. An election by you the Executive to resign for Good Reason under the provisions of this Agreement shall not be deemed a voluntary termination of employment by you the Executive for the purpose of interpreting the provisions of any of the Company's ’s benefit plans, programs or policies. Nothing in this Agreement shall be construed to limit the rights of you the Executive under the Company’s benefit plans, programs or policies except as otherwise provided in Section 8 7 hereof, and except that you the Executive shall have no rights to any severance benefits under any Company severance pay plan, offer letter or otherwise. In the event that you are a the Executive is party to an agreement with the Company providing for payments or benefits under such plan or agreement and under this Agreement, the terms of this Agreement shall govern and you Executive may receive payment under this Agreement only and not both. Further, Section 5 and Section 6 of this Agreement are mutually exclusive and in no event shall you Executive be entitled to payments or benefits pursuant to both Section 5 and Section 6 of this Agreement.

Effect on Other Plans and Agreements. An election by you the Executive to resign for Good Reason under the provisions of this Agreement shall not be deemed a voluntary termination of employment by you the Executive for the purpose of interpreting the provisions of any of the Company's ’s benefit plans, programs or policies. Nothing in this Agreement shall be construed to limit the rights of you the Executive under the Company’s benefit plans, programs or policies except as otherwise provided in Section 8 hereof, and except that you the Executive shall have no rights to any severance benefits under any Company severance pay plan, offer letter or otherwise. In the event that you are a the Executive is party to an agreement with the Company providing for payments or benefits under such plan or agreement and under this Agreement, the terms of this Agreement shall govern and you the Executive may receive payment under this Agreement only and not both. Further, Section 5 and Section 6 of this Agreement are mutually exclusive and in no event shall you the Executive be entitled to payments or benefits pursuant to both Section 5 and Section 6 of this Agreement.

Effect on Other Plans and Agreements. An election by you the Executive to resign for Good Reason under the provisions of this Agreement shall not be deemed a voluntary termination of employment by you the Executive for the purpose of interpreting the provisions of any of the Company's benefit plans, programs or policies. Nothing in this Agreement shall be construed to limit the rights of you the Executive under the Company’s benefit plans, programs or policies except as otherwise provided in Section 8 6 hereof, and except that you the Executive shall have no rights to any severance benefits under any Company severance pay plan, offer letter or otherwise. In the event that you are a the Executive is party to an agreement with the Company providing for payments or benefits under such plan or agreement and under this Agreement, the terms of this Agreement shall govern and you Executive may receive payment under this Agreement only and not both. Further, Section 5 4 and Section 6 5 of this Agreement are mutually exclusive and in no event shall you Executive be entitled to payments or benefits pursuant to both Section 4 and Section 5 and Section 6 of this Agreement.

Effect on Other Plans and Agreements. An election by you the Executive to resign for Good Reason under the provisions of this Agreement shall not be deemed a voluntary termination of employment by you the Executive for the purpose of interpreting the provisions of any of the Company's ’s benefit plans, programs or policies. Nothing in this Agreement shall be construed to limit the rights of you the Executive under the Company’s benefit plans, programs or policies except as otherwise provided in Section 8 9 hereof, and except that you the Executive shall have no rights to any severance benefits under any Company severance pay plan, offer letter or otherwise. In the event that you are a the Executive is party to an agreement with the Company providing for payments or benefits under such plan or agreement and under this Agreement, the terms of this Agreement shall govern and you the Executive may receive payment under this Agreement only and not both. Further, Section 5 and Section 6 7 of this Agreement are mutually exclusive and in no event shall you the Executive be entitled to payments or benefits pursuant to both Section 5 and Section 6 7 of this Agreement.

Effect on Other Plans and Agreements. An election by you the Executive to resign for Good Reason under the provisions of this Agreement shall not be deemed a voluntary termination of employment by you the Executive for the purpose of interpreting the provisions of any of the Company's benefit plans, programs or policies. Nothing in this Agreement shall be construed to limit the rights of you the Executive under the Company’s benefit plans, programs or policies except as otherwise provided in Section 8 hereof, and except that you the Executive shall have no rights to any severance benefits under any Company severance pay plan, offer letter or otherwise. In the event that you are a the Executive is party to an agreement with the Company providing for payments or benefits under such plan or agreement and under this Agreement, the terms of this Agreement shall govern and you the Executive may receive payment under this Agreement only and not both. Further, Section 5 and Section 6 of this Agreement are mutually exclusive and in no event shall you the Executive be entitled to payments or benefits pursuant to both Section 5 and Section 6 of this Agreement.

Effect on Other Plans and Agreements. An election by you to resign for Good Reason under the provisions of this Agreement shall not be deemed a voluntary termination of employment by you for the purpose of interpreting the provisions of any of the Company's ’s benefit plans, programs or policies. Nothing in this Agreement shall be construed to limit the rights of you under the Company’s benefit plans, programs or policies except as otherwise provided in Section 8 hereof, and except that you shall have no rights to any severance benefits under any Company severance pay plan, offer letter or otherwise. In Except for the Restrictive Covenants Agreement, in the event that you are a party to an agreement with the Company providing for payments or benefits under such plan or agreement and under this Agreement, the terms of this Agreement shall govern and you may receive payment under this Agreement only and not both. Further, Section 5 and Section 6 of this Agreement are mutually exclusive and in no event shall you be entitled to payments or benefits pursuant to both Section 5 and Section 6 of this Agreement.

Effect on Other Plans and Agreements. An election by you the Executive to resign for Good Reason under the provisions of this Agreement shall not be deemed a voluntary termination of employment by you the Executive for the purpose of interpreting the provisions of any of the Company's benefit plans, programs or policies. Nothing in this Agreement shall be construed to limit the rights of you the Executive under the Company’s benefit plans, programs or policies except as otherwise provided in Section 8 hereof, and except that you the Executive shall have no rights to any severance benefits under any Company severance pay plan, offer letter or otherwise. In the event that you are a the Executive is party to an agreement with the Company providing for payments or benefits under such plan or agreement and under this Agreement, the terms of this Agreement shall govern and you the Executive may receive payment under this Agreement only and not both. Further, Section 5 and Section 6 of this Agreement are mutually exclusive and in no event shall you the Executive be entitled to payments or benefits pursuant to both Section 5 and Section 6 of this Agreement.

Effect on Other Plans and Agreements. An election by you to resign for Good Reason under the provisions of this Agreement shall not be deemed a voluntary termination of employment by you for the purpose of interpreting the provisions of any of the Company's ’s benefit plans, programs or policies. Nothing in this Agreement shall be construed to limit the rights of you under the Company’s benefit plans, programs or policies except as otherwise provided in Section 8 hereof, and except that you shall have no rights to any severance benefits under any Company severance pay plan, offer letter or otherwise. In the event that you are a party to an agreement with the Company providing for payments or benefits under such plan or agreement and under this Agreement, the terms of this Agreement shall govern and you may receive payment under this Agreement only and not both. Further, Section 5 and Section 6 of this Agreement are mutually exclusive and in no event shall you be entitled to payments or benefits pursuant to both Section 5 and Section 6 of this Agreement.

Effect on Other Plans and Agreements. An election by you the Executive to resign for Good Reason under the provisions of this Agreement shall not be deemed a voluntary termination of employment by you the Executive for the purpose of interpreting the provisions of any of the Company's ’s benefit plans, programs or policies. Nothing in this Agreement shall be construed to limit the rights of you the Executive under the Company’s benefit plans, programs or policies except as otherwise provided in Section 8 hereof, and except that you the Executive shall have no rights to any severance benefits under any Company severance pay plan, offer letter or otherwise. In the event that you are a the Executive is party to an agreement with the Company providing for payments or benefits under such plan or agreement and under this Agreement, the terms of this Agreement shall govern and you Executive may receive payment under this Agreement only and not both. Further, Section 5 and Section 6 of this Agreement are mutually exclusive and in no event shall you Executive be entitled to payments or benefits pursuant to both Section 5 and Section 6 of this Agreement.

Effect on Other Plans and Agreements. An election by you the Executive to resign for Good Reason under the provisions of this Agreement shall not be deemed a voluntary termination of employment by you the Executive for the purpose of interpreting the provisions of any of the Company's ’s benefit plans, programs or policies. Nothing in this Agreement shall be construed to limit the rights of you the Executive under the Company’s Companies’ benefit plans, programs or policies except as otherwise provided in Section 8 hereof, and except that you the Executive shall have no rights to any severance benefits under any Company severance pay plan, offer letter or otherwise. In the event that you are a the Executive is party to an agreement with the Company providing for payments or benefits under such plan or agreement and under this Agreement, the terms of this Agreement shall govern and you the Executive may receive payment under this Agreement only and not both. Further, Section 5 and Section 6 of this Agreement are mutually exclusive and in no event shall you the Executive be entitled to payments or benefits pursuant to both Section Sections 5 and Section 6 of this Agreement.

Effect on Other Plans and Agreements. An election by you the Executive to resign for Good Reason under the provisions of this Agreement shall not be deemed a voluntary termination of employment by you the Executive for the purpose of interpreting the provisions of any of the Company's ’s benefit plans, programs or policies. Nothing in this Agreement shall be construed to limit the rights of you the Executive under the Company’s benefit plans, programs or policies except as otherwise provided in Section 8 hereof, and except that you the Executive shall have no rights to any severance benefits under any Company severance pay plan, offer letter or otherwise. In the event that you are a the Executive is party to an agreement with the Company providing for payments or benefits under such plan or agreement and under this Agreement, the terms of this Agreement shall govern and you the Executive may receive payment under this Agreement only and not both. Further, Section 5 and Section 6 of this Agreement are mutually exclusive and in no event shall you the Executive be entitled to payments or benefits pursuant to both Section 5 and Section 6 of this Agreement.

Effect on Other Plans and Agreements. An election by you the Executive to resign for Good Reason under the provisions of this Agreement shall not be deemed a voluntary termination of employment by you the Executive for the purpose of interpreting the provisions of any of the Company's benefit plans, programs or policies. Nothing in this Agreement shall be construed to limit the rights of you the Executive under the Company’s benefit plans, programs or policies except as otherwise provided in Section 8 hereof, and except that you the Executive shall have no rights to any severance benefits under any Company severance pay plan, offer letter or otherwise. In the event that you are a the Executive is party to an agreement with the Company providing for payments or benefits under such plan or agreement and under this Agreement, the terms of this Agreement shall govern and you the Executive may receive payment under this Agreement only and not both. Further, Section 5 and Section 6 of this Agreement are mutually exclusive and in no event shall you the Executive be entitled to payments or benefits pursuant to both Section 5 and Section 6 of this Agreement.. ACTIVE/100854405.3

Effect on Other Plans and Agreements. An election by you the Executive to resign for Good Reason under the provisions of this Agreement shall not be deemed a voluntary termination of employment by you the Executive for the purpose of interpreting the provisions of any of the Company's ’s benefit plans, programs or policies. Nothing in this Agreement shall be construed to limit the rights of you the Executive under the Company’s benefit plans, programs or policies except as otherwise provided in Section 8 hereof, and except that you the Executive shall have no rights to any severance benefits under any Company severance pay plan, offer letter or otherwise. In the event that you are a the Executive is party to an agreement with the Company providing for payments or benefits under such plan or agreement and under this Agreement, the terms of this Agreement shall govern and you the Executive may receive payment under this Agreement only and not both. Further, Section 5 and Section 6 of this Agreement are mutually exclusive and in no event shall you the Executive be entitled to payments or benefits pursuant to both Section Sections 5 and Section 6 of this Agreement.

Effect on Other Plans and Agreements. An election by you the Executive to resign for Good Reason under the provisions of this Agreement shall not be deemed a voluntary termination of employment by you the Executive for the purpose of interpreting the provisions of any of the Company's benefit plans, programs or policies. Nothing in this Agreement shall be construed to limit the rights of you the Executive under the Company’s benefit plans, programs or policies except as otherwise provided in Section 8 7 hereof, and except that you the Executive shall have no rights to any severance benefits under any Company severance pay plan, offer letter or otherwise. In the event that you are a the Executive is party to an agreement with the Company providing for payments or benefits under such plan or agreement and under this Agreement, the terms of this Agreement shall govern and you the Executive may receive payment under this Agreement only and not both. Further, Section 5 and Section 6 of this Agreement are mutually exclusive and in no event shall you the Executive be entitled to payments or benefits pursuant to both Section 5 and Section 6 of this Agreement.

Effect on Other Plans and Agreements. An election by you the Executive to resign for Good Reason under the provisions of this Agreement shall not be deemed a voluntary termination of employment by you the Executive for the purpose of interpreting the provisions of any of the Company's ’s benefit plans, programs or policies. Nothing in this Agreement shall be construed to limit the rights of you the Executive under the Company’s benefit plans, programs or policies except as otherwise provided in Section 8 hereof, and except that you the Executive shall have no rights to any severance benefits under any Company severance pay plan, offer letter or otherwise. In the event that you are a the Executive is party to an agreement with the Company providing for payments or benefits under such plan or agreement and under this Agreement, the terms of this Agreement shall govern and you the Executive may receive payment under this Agreement only and not both. Further, Section 5 5(b) and Section 6 of this Agreement are mutually exclusive and in no event shall you the Executive be entitled to payments or benefits pursuant to both Section 5 5(b) and Section 6 of this Agreement.

Effect on Other Plans and Agreements. An election by you the Executive to resign for Good Reason under the provisions of this Agreement shall not be deemed a voluntary termination of employment by you the Executive for the purpose of interpreting the provisions of any of the Company's ’s benefit plans, programs or policies. Nothing in this Agreement shall be construed to limit the rights of you the Executive under the Company’s benefit plans, programs or policies except as otherwise provided in Section 8 7 hereof, and except that you the Executive shall have no rights to any severance benefits under any Company severance pay plan, offer letter or otherwise. In the event that you are a the Executive is party to an agreement with the Company providing for payments or benefits under such plan or agreement and under this Agreement, the terms of this Agreement shall govern and you the Executive may receive payment under this Agreement only and not both. Further, Section 5 4 and Section 6 5 of this Agreement are mutually exclusive and in no event shall you the Executive be entitled to payments or benefits pursuant to both Section 4 and Section 5 and Section 6 of this Agreement. 20.

Effect on Other Plans and Agreements. An election by you the Executive to resign for Good Reason under the provisions of this Agreement shall not be deemed a voluntary termination of employment by you the Executive for the purpose of interpreting the provisions of any of the Company's ’s benefit plans, programs or policies. Nothing in this Agreement shall be construed to limit the rights of you the Executive under the Company’s benefit plans, programs or policies except as otherwise provided in Section 8 7 hereof, and except that you the Executive shall have no rights to any severance benefits under any Company severance pay plan, offer letter or otherwise. In the event that you are a the Executive is party to an agreement with the Company providing for payments or benefits under such plan or agreement and under this Agreement, the terms of this Agreement shall govern and you the Executive may receive payment under this Agreement only and not both. Further, Section 5 4 and Section 6 5 of this Agreement are mutually exclusive and in no event shall you the Executive be entitled to payments or benefits pursuant to both Section 4 and Section 5 and Section 6 of this Agreement.

Effect on Other Plans and Agreements. An election by you the Executive to resign for Good Reason under the provisions of this Agreement shall not be deemed a voluntary termination of employment by you the Executive for the purpose of interpreting the provisions of any of the Company's ’s benefit plans, programs or policies. Nothing in this Agreement shall be construed to limit the rights of you the Executive under the Company’s benefit plans, programs or policies except as otherwise provided in Section 8 6 hereof, and except that you the Executive shall have no rights to any severance benefits under any Company severance pay plan, offer letter letter, employment agreement or otherwise. In the event that you are a the Executive is party to an agreement with the Company providing for payments or benefits under such plan or agreement and under this Agreement, the terms of this Agreement shall govern and you Executive may receive payment under this Agreement only and not both. Further, Section 5 4 and Section 6 5 of this Agreement are mutually exclusive and in no event shall you Executive be entitled to payments or benefits pursuant to both Section 5 4 and Section 6 5 of this Agreement.

Effect on Other Plans and Agreements. An election by you the Executive to resign for Good Reason under the provisions of this Agreement shall not be deemed a voluntary termination of employment by you the Executive for the purpose of interpreting the provisions of any of the Company's benefit plans, programs or policies. Nothing in this Agreement shall be construed to limit the rights of you the Executive under the Company’s 's benefit plans, programs or policies except as otherwise provided in Section 8 hereof, 7 hereof and except that you the Executive shall have no rights to any severance benefits under any Company severance pay plan, offer letter or otherwise. In the event that you are a the Executive is party to an agreement with the Company providing for payments or benefits under such plan or agreement and under this Agreement, the terms of this Agreement shall govern govern, and you Executive may receive payment under this Agreement only and not both. Further, Section 5 and Section 6 of this Agreement are mutually exclusive and in no event shall you Executive be entitled to payments or benefits pursuant to both Section 5 and Section 6 of this Agreement.

Effect on Other Plans and Agreements. An election by you the Executive to resign for Good Reason under the provisions of this Agreement shall not be deemed a voluntary termination of employment by you the Executive for the purpose of interpreting the provisions of any of the Company's benefit plans, programs or policies. Nothing in this Agreement shall be construed to limit the rights of you the Executive under the Company’s benefit plans, programs or policies except as otherwise provided in Section 8 hereof, and except that you the Executive shall have no rights to any severance benefits under any Company severance pay plan, offer letter or 13 otherwise. In the event that you are a the Executive is party to an agreement with the Company providing for payments or benefits under such plan or agreement and under this Agreement, the terms of this Agreement shall govern and you the Executive may receive payment under this Agreement only and not both. Further, Section 5 and Section 6 of this Agreement are mutually exclusive and in no event shall you the Executive be entitled to payments or benefits pursuant to both Section 5 and Section 6 of this Agreement.

Effect on Other Plans and Agreements. An election by you to resign for Good Reason under the provisions of this Agreement shall not be deemed a voluntary termination of employment by you for the purpose of interpreting the provisions of any of the Company's benefit plans, programs or policies. Nothing in this Agreement shall be construed to limit the rights of you under the Company’s benefit plans, programs or policies except as otherwise provided in Section 8 hereof, and except that you shall have no rights to any severance benefits under any Company severance pay plan, offer letter or otherwise. In Except for the Restrictive Covenants Agreement, in the event that you are a party to an agreement with the Company providing for payments or benefits under such plan or agreement and under this Agreement, the terms of this Agreement shall govern and you may receive payment under this Agreement only and not both. Further, Section 5 and Section 6 of this Agreement are mutually exclusive and in no event shall you be entitled to payments or benefits pursuant to both Section 5 and Section 6 of this Agreement.

Effect on Other Plans and Agreements. An election by you the Executive to resign for Good Reason under the provisions of this Agreement shall not be deemed a voluntary termination of employment by you the Executive for the purpose of interpreting the provisions of any of the Company's benefit plans, programs or policies. Nothing in this Agreement shall be construed to limit the rights of you the Executive under the Company’s benefit plans, programs or policies except as otherwise provided in Section 8 9 hereof, and except that you the Executive shall have no rights to any severance benefits under any Company severance pay plan, offer letter or otherwise. In the event that you are a the Executive is party to an agreement with the Company providing for payments or benefits under such plan or agreement and under this Agreement, the terms of this Agreement shall govern and you the Executive may receive payment under this Agreement only and not both. Further, Section 5 and Section 6 Section7 of this Agreement are mutually exclusive and in no event shall you the Executive be entitled to payments or benefits pursuant to both Section 5 and Section 6 7 of this Agreement.