No Other Benefits Payable. (a) If the Executive is entitled to receive the severance benefits described in Section 2 of this Agreement, he or she shall not be entitled to receive: (i) any severance benefits under the terms of any general severance pay policy or plan of the Employer or any successor company; or (ii) any other compensation, benefits or payments under the terms of any other plan of, or agreement with, the Employer. (b) Notwithstanding the above, the Executive shall be entitled to receive any compensation, benefits or payments which are specifically authorized by the terms of any plan of, or agreement with, the Employer to be paid in addition to the severance benefits described in Section 2 of this Agreement. Moreover, notwithstanding the above, the Executive shall be entitled to receive, in addition to the severance benefits described in Section 2 of this Agreement, any compensation, benefits or payments which the Executive is entitled to receive under: (i) any incentive compensation plan maintained by the Employer which provides for payment to a separated employee of incentive compensation earned by the employee prior to his or her separation from service; or (ii) any payroll plan or policy of the Employer which provides for payment to a separated employee of any unpaid vacation, holiday or sick pay accrued by the employee prior to his or her separation from service.
Appears in 15 contracts
Samples: Change in Control, Confidentiality, and Noncompetition Agreement, Change in Control, Confidentiality, and Noncompetition Agreement (Bar Harbor Bankshares), Change in Control, Confidentiality, and Noncompetition Agreement (Bar Harbor Bankshares)
No Other Benefits Payable. (a) If the Executive is entitled to receive the severance benefits described in Section 2 of this Agreement, he or she shall not be entitled to receive: (i) any severance benefits under the terms of any general severance pay policy or plan of the Employer or any successor company; or (ii) any other compensation, benefits or payments under the terms of any other plan of, or agreement with, the Employer.
(b) Notwithstanding the above, the Executive shall be entitled to receive any compensation, benefits or payments which are specifically authorized by the terms of any plan of, or agreement with, the Employer to be paid in addition to the severance benefits described in Section 2 of this Agreement. Moreover, notwithstanding the above, the Executive shall be entitled to receive, in addition to the severance benefits described in Section 2 of this Agreement, any compensation, benefits or payments which the Executive is entitled to receive under: ; (i) any incentive compensation plan maintained by the Employer which provides for payment to a separated terminated employee of incentive compensation earned by the employee prior to his or her separation from servicetermination of employment; or (ii) any payroll plan or policy of the Employer which provides for payment to a separated terminated employee of any unpaid vacation, holiday or sick pay accrued by the employee prior to his or her separation from servicetermination of employment.
Appears in 3 contracts
Samples: Change in Control, Confidentiality, and Noncompetition Agreement (Bar Harbor Bankshares), Change in Control, Confidentiality, and Noncompetition Agreement (Bar Harbor Bankshares), Change in Control, Confidentiality, and Noncompetition Agreement (Bar Harbor Bankshares)