No Other Benefits Payable. (a) If the Executive is entitled to receive the severance benefits described in Section 2 of this Agreement, he shall not be entitled to receive: (i) any severance benefits under the terms of any general severance pay policy or plan of the Employer, the Holding Company or the Bank; or (ii) any other compensation, benefits or payments under the terms of any other plan of, or agreement with, the Employer, the Holding Company or the Bank. (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, the Holding Company or the Bank 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) the Bar Harbor Bankshares Supplemental Executive Retirement Plan; (ii) any incentive compensation plan maintained by the Employer, the Holding Company or the Bank which provides for payment to a terminated employee of incentive compensation earned by the employee prior to his or her termination of employment; or (iii) any payroll plan or policy of the Employer, the Holding Company or the Bank which provides for payment to a terminated employee of any unpaid vacation, holiday or sick pay accrued by the employee prior to his or her termination of employment.
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Samples: 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 President is entitled to receive the severance benefits described in Section 2 of this Agreement, he shall not be entitled to receive: (i) any severance benefits under the terms of any general severance pay policy or plan of the Employer, the Holding Company or the Bank; or (ii) any other compensation, benefits or payments under the terms of any other plan of, or agreement with, the Employer, the Holding Company or the Bank, including but not limited to the Employment Agreement between the Company and the President dated of even date herewith.
(b) Notwithstanding the above, the Executive President 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, the Holding Company or the Bank to be paid in addition to the severance benefits described in Section 2 of this Agreement. Moreover, notwithstanding the above, the Executive President 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 President is entitled to receive under: (i) the Bar Harbor Bankshares Supplemental Executive Retirement PlanPlan or the Bar Harbor Bankshares Supplemental Executive Retirement Plan β Code Section 409A; (iiiii) any incentive compensation plan maintained by the Employer, the Holding Company or the Bank which provides for payment to a terminated separated employee of incentive compensation earned by the employee prior to his or her termination of employmentseparation from service; or (iiiiv) any payroll plan or policy of the Employer, the Holding Company or the Bank which provides for payment to a terminated separated employee of any unpaid vacation, holiday or sick pay accrued by the employee prior to his or her termination of employmentseparation from service.
Appears in 1 contract
Samples: 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 shall not be entitled to receive: (i) any severance benefits under the terms of any general severance pay policy or plan of the Employer, the Holding Company or the Bank; or (ii) any other compensation, benefits or payments under the terms of any other plan of, or agreement with, the Employer, the Holding Company or the Bank.
(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, the Holding Company or the Bank 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) the Bar Harbor Bankshares Supplemental Executive Retirement PlanPlan or the Bar Harbor Bankshares Supplemental Executive Retirement Plan β Code Section 409A; (ii) any incentive compensation plan maintained by the Employer, the Holding Company or the Bank which provides for payment to a terminated separated employee of incentive compensation earned by the employee prior to his or her termination of employmentseparation from service; or (iii) any payroll plan or policy of the Employer, the Holding Company or the Bank which provides for payment to a terminated separated employee of any unpaid vacation, holiday or sick pay accrued by the employee prior to his or her termination of employmentseparation from service.
Appears in 1 contract
Samples: 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 3 of this Agreement, he shall not be entitled to receive: (i) any severance benefits under the terms of any general severance pay policy or plan of the Employer, the Holding Company or the Bank; or (ii) any other compensation, benefits or payments under the terms of any other plan of, or agreement with, the Employer, the Holding Company or the Bank.
(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, the Holding Company or the Bank to be paid in addition to the severance benefits described in Section 2 3 of this Agreement. Moreover, notwithstanding the above, the Executive shall be entitled to receive, in addition to the severance benefits described in Section 2 3 of this Agreement, any compensation, benefits or payments which the Executive is entitled to receive under: (i) the Employment Agreement (as amended by this Agreement); (ii) the Bar Harbor Bankshares Supplemental Executive Retirement Plan; (iiiii) any incentive compensation plan maintained by the Employer, the Holding Company or the Bank which provides for payment to a terminated employee of incentive compensation earned by the employee prior to his or her termination of employment; or (iiiiv) any payroll plan or policy of the Employer, the Holding Company or the Bank which provides for payment to a terminated employee of any unpaid vacation, holiday or sick pay accrued by the employee prior to his or her termination of employment.
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