Common use of Effect on Other Plans Clause in Contracts

Effect on Other Plans. An election by the Executive to resign after a Change in Control under the provisions of this Agreement shall not be deemed a voluntary termination of employment by 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 the Executive under the Company’s benefit plans, programs or policies except that the Executive shall have no rights to any severance benefits under any Company severance pay plan. In the event that the Executive is party to an employment agreement with the Company providing for change in control payments or benefits, the Executive must elect to receive either the benefits payable under such other agreement or the benefits payable under this Agreement, but not both. The Executive shall make such an election in the event of a Change in Control.

Appears in 12 contracts

Samples: Employment Agreement (BioTrove, Inc.), Change in Control Agreement (Helicos Biosciences Corp), Change in Control Agreement (Helicos Biosciences Corp)

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Effect on Other Plans. An election by the Executive to resign after a Change in Control under the provisions of this Agreement shall not be deemed a voluntary termination of employment by the Executive for the purpose of interpreting the provisions of any of the Company’s Employers’ benefit plans, programs or policies. Nothing in this Agreement shall be construed to limit the rights of the Executive under the Company’s Employers’ benefit plans, programs or policies except as otherwise provided in Section 4 hereof, and except that the Executive shall have no rights to any severance benefits under any Company or Bank severance pay plan. In the event that the Executive is party to an employment agreement with the Company Employers providing for change in control payments or benefits, the Executive must elect to shall receive either the benefits payable under such other only one agreement, which shall be the agreement or pursuant to which the benefits payable under this Agreement, but not both. The Executive shall make such would receive the greatest aggregate amount (calculated on an election in the event of a Change in Controlafter-tax basis).

Appears in 4 contracts

Samples: Severance and Change in Control Agreement, Change in Control Agreement (Blue Hills Bancorp, Inc.), Severance Agreement (Blue Hills Bancorp, Inc.)

Effect on Other Plans. An election by the Executive to resign after a Change in Control for Good Reason under the provisions of this Agreement shall not be deemed a voluntary termination of employment by 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 the Executive under the Company’s benefit plans, programs or policies except that the Executive shall have no rights to any severance benefits under any Company severance pay plan. In the event that the Executive is party to an employment agreement with the Company providing for change in control payments or benefits, the Executive must elect to receive either the benefits payable under such other agreement or the benefits payable under this Agreement, but not both. The Executive shall make such an election in the event of a Change in Control.

Appears in 3 contracts

Samples: Employment Agreement (BioTrove, Inc.), Employment Agreement (BioTrove, Inc.), Employment Agreement (BioTrove, Inc.)

Effect on Other Plans. An election by the Executive to resign after a Change in Control under the provisions of this Agreement shall not be deemed a voluntary termination of employment by 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 the Executive under the Company’s benefit plans, programs or policies except as otherwise provided in Section 5 hereof, and except that the Executive shall have no rights to any severance benefits under any Company severance pay plan. In the event that the Executive is party to an employment agreement with the Company providing for change in control payments or benefits, the Executive must elect to may receive either the benefits payable under such other agreement or the benefits payable payment under this Agreement, but Agreement only and not both. The Executive shall make such an election in the event of a Change in Control.

Appears in 3 contracts

Samples: Change in Control Agreement (Alnylam Pharmaceuticals, Inc.), Change in Control Agreement (Alnylam Pharmaceuticals, Inc.), Change in Control Agreement (Brookline Bancorp Inc)

Effect on Other Plans. An election by the Executive to resign after a Change in Control under the provisions of this Agreement shall not be deemed a voluntary termination of employment by the Executive for the purpose of interpreting the provisions of any of the Company’s Employers’ benefit plans, programs or policies. Nothing in this Agreement shall be construed to limit the rights of the Executive under the Company’s Employers’ benefit plans, programs or policies except as otherwise provided in Section 5 hereof, and except that the Executive shall have no rights to any severance benefits under any Company Employer severance pay plan. In the event that the Executive is party to an employment agreement with the Company and/or the Bank providing for change in control payments or benefits, the Executive must elect to may receive either the benefits payable under such other agreement or the benefits payable payment under this Agreement, but Agreement only and not both. The Executive shall make such an election in the event of a Change in Control.

Appears in 2 contracts

Samples: Change in Control Agreement (PB Bancorp, Inc.), Change in Control Agreement (PB Bancorp, Inc.)

Effect on Other Plans. An election by the Executive to resign after a Change in Control under the provisions of this Agreement shall not be deemed a voluntary termination of employment by the Executive for the purpose of interpreting the provisions of any of the Company’s Employers’ benefit plans, programs or policies. Nothing in this Agreement shall be construed to limit the rights of the Executive under the Company’s Employers’ benefit plans, programs or policies except as otherwise provided in Section 5 hereof, and except that the Executive shall have no rights to any severance benefits under any Company or Bank severance pay plan. In the event that the Executive is party to an employment agreement with the Company Employers providing for change in control payments or benefits, the Executive must elect to shall receive either the benefits payable under such other only one agreement, which shall be the agreement or pursuant to which the benefits payable under this Agreement, but not both. The Executive shall make such would receive the greatest aggregate amount (calculated on an election in the event of a Change in Controlafter-tax basis).

Appears in 2 contracts

Samples: Change in Control Agreement (Danvers Bancorp, Inc.), Change in Control Agreement (Danvers Bancorp, Inc.)

Effect on Other Plans. An election by the Executive to resign after a Change in Control for Good Reason under the provisions of this Agreement shall not be deemed a voluntary termination of employment by 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 the Executive under the Company’s benefit plans, programs or policies except that the Executive shall have no rights to any severance benefits under any Company severance pay plan. In the event that the Executive is party to an employment agreement with the Company providing for change in control payments or benefits, the Executive must elect to receive either the benefits payable under such other agreement or the benefits payable under this Agreement, but not both. The Executive shall make such an election in the event of a Change in Control.

Appears in 2 contracts

Samples: Employment Agreement (Enumeral Biomedical Holdings, Inc.), Employment Agreement (Enumeral Biomedical Holdings, Inc.)

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Effect on Other Plans. An election by the Executive to resign after a Change in Control under the provisions of this Agreement shall not be deemed a voluntary termination of employment by the Executive for the purpose of interpreting the provisions of any of the Company’s Employers' benefit plans, programs or policies. Nothing in this Agreement shall be construed to limit the rights of the Executive under the Company’s Employers' benefit plans, programs or policies except as otherwise provided in Section 5 hereof, and except that the Executive shall have no rights to any severance benefits under any Company or Bank severance pay plan. In the event that the Executive is party to an employment agreement with the Company Employers providing for change in control payments or benefits, the Executive must elect to receive either the benefits payable under such other agreement or the benefits payable under this Agreement, but not both. The Executive shall make such an election in the event of a Change in Control.

Appears in 1 contract

Samples: Change in Control Agreement (Danvers Bancorp, Inc.)

Effect on Other Plans. An election by the Executive to resign after a Change in Control under the provisions of this Agreement shall not be deemed a voluntary termination of employment by 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 the Executive under the Company’s benefit plans, programs or policies except as otherwise provided in Section 5 (the “cut-back” provision) hereof, and except that the Executive shall have no rights to any severance benefits under any Company severance pay plan. In the event that the Executive is party to an employment agreement with the Company providing for change in control payments or benefits, the Executive must elect to receive either the benefits payable under such other agreement or the benefits payable under this Agreement, but not both. The Executive shall make such an election in the event of a Change in Control.

Appears in 1 contract

Samples: Change in Control Agreement (Salary. Com, Inc.)

Effect on Other Plans. An election by the Executive to resign after a Change in Control under the provisions of this Agreement shall not be deemed a voluntary termination of employment by 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 the Executive under the Company’s 's benefit plans, programs or policies except that the Executive shall have no rights to any severance benefits under any Company severance pay plan. In the event that the Executive is party to an employment agreement with the Company providing for change in control payments or benefits, the Executive must elect to receive either the benefits payable under such other agreement or the benefits payable under this Agreement, but not both. The Executive shall make such an election in the event of a Change in Control.

Appears in 1 contract

Samples: Change in Control Agreement (Helicos Biosciences Corp)

Effect on Other Plans. An election by the Executive to resign after a Change in Control under the provisions of this Agreement shall not be deemed a voluntary termination of employment by 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 the Executive under the Company’s benefit plans, programs or policies except as otherwise provided in Section 5 hereof, and except that the Executive shall have no rights to any severance benefits under any Company severance pay plan. In the event that the Executive is party to an employment agreement with the Company providing for change in control payments or benefits, the Executive must elect to may receive either the benefits payable under such other agreement or the benefits payable payment under this Agreement, but Agreement only and not both. The Executive shall make such an election in the event of a Change in Control.

Appears in 1 contract

Samples: Change in Control Agreement (Brookline Bancorp Inc)

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