Common use of Exclusivity of Benefits Clause in Contracts

Exclusivity of Benefits. If Executive receives benefits pursuant to this Agreement, Executive understands and acknowledges he/she shall not be eligible to receive any other form of severance and/or separation pay or benefits from the Company, except as may otherwise be provided for pursuant to the terms of an individual performance based restricted stock unit award agreement(s). Further, if Executive receives benefits pursuant to this Agreement, Executive understands and acknowledges the compensation, benefits and other consideration provided hereunder shall constitute his/her sole and exclusive rights to any payments or benefits from EDS, and Executive shall receive no consideration or benefits other than those expressly granted herein, except for benefits to which he/she may be entitled, if any: (i) under any EDS plan qualified under Section 401(a) of the Internal Revenue Code, including the EDS Retirement Plan and EDS 401(k) Plan; (ii) under the EDS Benefit Restoration Plan or EDS Supplemental Executive Retirement Plan ("SERP"); (iii) under the EDS Executive Deferral Plan; (iv) pursuant to any indemnification agreements between Executive and EDS; or (v) under any applicable directors and officers or other liability insurance policies.

Exclusivity of Benefits. If Executive receives any benefits pursuant to this Agreement, Executive understands and acknowledges he/she shall not be eligible to receive any other form of severance and/or separation pay or benefits from the Company, except as may otherwise be provided for pursuant to the terms of an individual performance based restricted stock unit award agreement(s). Further, if Executive receives any benefits pursuant to this Agreement, Executive understands and acknowledges the compensation, benefits and other consideration provided hereunder shall constitute his/her sole and exclusive rights to any payments or benefits from EDS, and Executive shall receive no consideration or benefits other than those expressly granted herein, except for benefits to which he/she may be entitled, if any: (i) under any EDS plan qualified under Section 401(a) of the Internal Revenue Code, including the EDS Retirement Plan and EDS 401(k) Plan, and COBRA benefits pursuant to Internal Revenue Code Section 4980B; (ii) under the EDS Benefit Restoration Plan or EDS Supplemental Executive Retirement Plan ("SERP")Plan; (iii) under the EDS Executive Deferral Plan; (iv) pursuant to any indemnification agreements between Executive and EDS; or (viv) under any applicable directors and officers or other liability insurance policies. 7.

Exclusivity of Benefits. If Executive receives pay or benefits pursuant to this Agreement, Executive understands and acknowledges he/she shall not be eligible to receive any additional pay or benefits pursuant to his/her Executive Severance benefit Agreement or any other form of severance and/or separation pay or benefits from the Company, except as may otherwise expressly and specifically be provided for pursuant to the terms of an individual performance based restricted stock unit award agreement(s)a subsequently entered into agreement between the Company and Executive. Further, if Executive receives pay or benefits pursuant to this Agreement, Executive understands and acknowledges the compensation, benefits and other consideration provided hereunder shall constitute his/her sole and exclusive rights to any payments or benefits from EDS, and Executive shall receive no consideration or benefits other than those expressly granted herein, except for benefits to which he/she may be entitled, if any: (i) under any EDS plan qualified under Section 401(a) of the Internal Revenue Code, including the EDS Retirement Plan and EDS 401(k) Plan; (ii) under the EDS Benefit Restoration Plan or EDS Supplemental Executive Retirement Plan ("SERP")Plan; (iii) under the EDS Executive Deferral Plan; (iv) pursuant to any indemnification agreements between Executive and EDS; or (v) under any applicable directors and officers or other liability insurance policies.

Exclusivity of Benefits. If Executive receives pay or benefits pursuant to this Agreement, Executive understands and acknowledges he/she shall not be eligible to receive any other form of severance and/or separation pay or benefits from the Company, except as may otherwise expressly and specifically be provided for pursuant to the terms of an individual performance based restricted stock unit award agreement(s)a subsequently entered into agreement between the Company and Executive. Further, if Executive receives pay or benefits pursuant to this Agreement, Executive understands and acknowledges the compensation, benefits and other consideration provided hereunder shall constitute his/her sole and exclusive rights to any payments or benefits from EDS, and Executive shall receive no consideration or benefits other than those expressly granted herein, except for benefits to which he/she may be entitled, if any: (i) under any EDS plan qualified under Section 401(a) of the Internal Revenue Code, including the EDS Retirement Plan and EDS 401(k) Plan, and COBRA benefits pursuant to Internal Revenue Code Section 4980B; (ii) under the EDS Benefit Restoration Plan or EDS Supplemental Executive Retirement Plan ("SERP"), including as modified pursuant to Executive's Employment Agreement; (iii) under the EDS Executive Deferral Plan; (iv) pursuant to any indemnification agreements between Executive and EDS; or (viv) under any applicable directors and officers or other liability insurance policies. 7.

Exclusivity of Benefits. If Executive receives pay or benefits pursuant to this Agreement, Executive understands and acknowledges he/she shall not be eligible to receive any additional pay or benefits pursuant to his/her Executive Severance benefit Agreement or any other form of severance and/or separation pay or benefits from the Company, except as may otherwise expressly and specifically be provided for pursuant to the terms of an individual performance based restricted stock unit award agreement(s)a subsequently entered into agreement between the Company and Executive. Further, if Executive receives pay or benefits pursuant to this Agreement, Executive understands and acknowledges the compensation, benefits and other consideration provided hereunder shall constitute his/her sole and exclusive rights to any payments or benefits from EDS, and Executive shall receive no consideration or benefits other than those expressly granted herein, except for benefits to which he/she may be entitled, if any: (i) under any EDS plan qualified under Section 401(a) of the Internal Revenue Code, including the EDS Retirement Plan and EDS 401(k) Plan, and COBRA benefits pursuant to Internal Revenue Code Section 4980B; (ii) under the EDS Benefit Restoration Plan or EDS Supplemental Executive Retirement Plan ("SERP")Plan; (iii) under the EDS Executive Deferral Plan; (iv) pursuant to any indemnification agreements between Executive and EDS; or (v) under any applicable directors and officers or other liability insurance policies.

Exclusivity of Benefits. If Executive receives pay or benefits pursuant to this Agreement, Executive understands and acknowledges he/she shall not be eligible to receive any additional pay or benefits pursuant to his/her Executive Severance benefit Agreement or any other form of severance and/or separation pay or benefits from the Company, except as may otherwise expressly and specifically be provided for pursuant to the terms of an individual performance based restricted stock unit award agreement(s)a subsequently entered into agreement between the Company and Executive. Further, if Executive receives pay or benefits pursuant to this Agreement, Executive understands and acknowledges the compensation, benefits and other consideration provided hereunder shall constitute his/her sole and exclusive rights to any payments or benefits from EDS, and Executive shall receive no consideration or benefits other than those expressly granted herein, except for benefits to which he/she may be entitled, if any: (i) under any EDS plan qualified under Section 401(a) of the Internal Revenue Code, including the EDS Retirement Plan and EDS 401(k) Plan, and COBRA benefits pursuant to Internal Revenue Code Section 4980B; (ii) under the EDS Benefit Restoration Plan or EDS Supplemental Executive Retirement Plan ("SERP"); (iii) under the EDS Executive Deferral Plan; (iv) pursuant to any indemnification agreements between Executive and EDS; or (v) under any applicable directors and officers or other liability insurance policies. 6.

Exclusivity of Benefits. If Executive receives pay or benefits pursuant to this Agreement, Executive understands and acknowledges he/she shall not be eligible to receive any additional pay or benefits pursuant to his/her Executive Severance benefit Agreement or any other form of severance and/or separation pay or benefits from the Company, except as may otherwise expressly and specifically be provided for pursuant to the terms of an individual performance based restricted stock unit award agreement(s)a subsequently entered into agreement between the Company and Executive. Further, if Executive receives pay or benefits pursuant to this Agreement, Executive understands and acknowledges the compensation, benefits and other consideration provided hereunder shall constitute his/her sole and exclusive rights to any payments or benefits from EDS, and Executive shall receive no consideration or benefits other than those expressly granted herein, except for benefits to which he/she may be entitled, if any: (i) under any EDS plan qualified under Section 401(a) of the Internal Revenue Code, including the EDS Retirement Plan and EDS 401(k) Plan; (ii) under the EDS Benefit Restoration Plan or EDS Supplemental Executive Retirement Plan ("“SERP"”); (iii) under the EDS Executive Deferral Plan; (iv) pursuant to any indemnification agreements between Executive and EDS; or (v) under any applicable directors and officers or other liability insurance policies.