Common use of Interaction with Employment Agreement Clause in Contracts

Interaction with Employment Agreement. Nothing in this Agreement is intended to, or should be construed as, contradicting, superseding or modifying the Employment Agreement, except that this Agreement, to the extent that it is in effect, and not the Employment Agreement, shall govern if the Executive incurs a termination of employment during the period commencing as of the Change in Control and ending twelve (12) months following such Change in Control. For the avoidance of doubt, if Executive receives any severance payments (including the Salary Continuation and the Health Care Continuation) pursuant to this Agreement, Executive shall not be entitled to receive any severance payments under the Employment Agreement.

Interaction with Employment Agreement. Nothing in this Agreement is intended to, or should be construed as, contradicting, superseding or modifying the Employment Agreement, except that this Agreement, to the extent that it is in effect, and not the Employment Agreement, shall govern if the Executive incurs a termination of employment during the period commencing as of the Change in Control and ending twelve (12) months following such Change in Control. For the avoidance of doubt, if Executive receives any severance payments (including the Salary Continuation Continuation, the Prorated Bonus, and the Health Care Continuation) pursuant to this Agreement, Executive shall not be entitled to receive any severance payments under the Employment Agreement.