Common use of Non-exclusivity of Rights Clause in Contracts

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 178 contracts

Samples: Employment Agreement (Louisiana-Pacific Corp), Employment Agreement (Louisiana-Pacific Corp), Employment Agreement (Louisiana-Pacific Corp)

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Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 69 contracts

Samples: Employment Agreement (Unisys Corp), Employment Agreement (Lee Enterprises, Inc), Employment Agreement (Lee Enterprises, Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any planbenefit, programbonus, policy incentive or practice other plans, programs, policies or practices, provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f), nor shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement other agreements with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 35 contracts

Samples: Retention Agreement (Nashua Corp), Change of Control and Severance Agreement (Nashua Corp), Change of Control and Severance Agreement (Nashua Corp)

Non-exclusivity of Rights. Nothing Except as specifically provided, nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f11(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 31 contracts

Samples: Employment Agreement (Us Bancorp \De\), Employment Agreement (Us Bancorp \De\), Employment Agreement (Norwest Corp)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f13(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 25 contracts

Samples: Change in Control Agreement (Cti Molecular Imaging Inc), Employment Agreement (Regions Financial Corp), Employment Agreement (Regions Financial Corp)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its the affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f11(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its the affiliated companies. Amounts which that are vested benefits or which that the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its the affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement agreement, except as explicitly modified by this Agreement.

Appears in 25 contracts

Samples: Change of Control Agreement (Payless Shoesource Inc /De/), Employment Agreement (Progressive Corp/Oh/), Employment Agreement (Progressive Corp/Oh/)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies Affiliated Companies and for which the Executive may qualify, nor, subject to Section 12(f), nor shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companiesAffiliated Companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies Affiliated Companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 23 contracts

Samples: Employment Agreement (Merit Medical Systems Inc), Employment Agreement (Merit Medical Systems Inc), Executive Employment Agreement (Adient LTD)

Non-exclusivity of Rights. Nothing Except as specifically provided, nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualifyqualifies pursuant to its terms, nor, subject to Section 12(f), nor shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which that are vested benefits or which that the Executive is otherwise entitled to receive under pursuant to the terms of any plan, policyprogram, policy or practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policyprogram, policy or practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 22 contracts

Samples: Employment Agreement (Washington Prime Group Inc.), Employment Agreement (Washington Prime Group, L.P.), Employment Agreement (Washington Prime Group, L.P.)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f11(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 20 contracts

Samples: Employment Agreement (Baybanks Inc), Change in Control Employment Agreement (Healthaxis Inc), Change of Control Employment Agreement (Semco Energy Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f13(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 19 contracts

Samples: Change of Control Agreement (Seacoast Banking Corp of Florida), Change of Control Agreement (Seacoast Banking Corp of Florida), Change of Control Employment Agreement (Crescent Banking Co)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f15(d), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 19 contracts

Samples: Employment Agreement, Employment Agreement (PSS World Medical Inc), Employment Agreement (PSS World Medical Inc)

Non-exclusivity of Rights. Nothing Except as provided in Section 6, nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any planbenefit, programbonus, policy incentive or practice other plans, programs, policies or practices, provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f), nor shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement other agreements with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 17 contracts

Samples: Change of Control Agreement, Severance and Change of Control Agreement (Hologic Inc), Change of Control Agreement (Hologic Inc)

Non-exclusivity of Rights. Nothing Except as provided in Section 6, nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any planbenefit, programbonus, policy incentive or practice other plans, programs, policies or practices, provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f), nor shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement other agreements with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 16 contracts

Samples: Change of Control Agreement (Hologic Inc), Change of Control Agreement (Hologic Inc), Change of Control Agreement (Hologic Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f13(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 15 contracts

Samples: Change of Control Employment Agreement (Cannondale Corp /), Change of Control Employment Agreement (Cannondale Corp /), Management Continuity Agreement (General Mills Inc)

Non-exclusivity of Rights. Nothing Except as explicitly provided in this Agreement, nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f), nor shall anything herein limit or otherwise affect such rights as the Executive may have under applicable law or under any other contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any other plan, policy, practice or program of of, or any other contract or agreement with with, the Company or any of its affiliated companies at at, or subsequent to to, the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 14 contracts

Samples: Transitional Compensation Agreement (Amcore Financial Inc), Transitional Compensation Agreement (Amcore Financial Inc), Transitional Compensation Agreement (Amcore Financial Inc)

Non-exclusivity of Rights. Nothing Except as otherwise expressly provided for in this Agreement, nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies Affiliated Companies and for which the Executive may qualify, nor, subject to Section 12(f), nor shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companiesAffiliated Companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies Affiliated Companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.Agreement and consistent with Code Section 409A.

Appears in 14 contracts

Samples: Executive Retention Employment Agreement (Florida Power & Light Co), Executive Retention Employment Agreement (Florida Power & Light Co), Executive Retention Employment Agreement (Florida Power & Light Co)

Non-exclusivity of Rights. Nothing Except as otherwise expressly provided for in this Agreement, nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f), nor shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 14 contracts

Samples: Executive Retention Employment Agreement (Florida Power & Light Co), Executive Retention Employment Agreement (Florida Power & Light Co), Executive Retention Employment Agreement (Florida Power & Light Co)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f13(g), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 12 contracts

Samples: Change of Control Agreement (CSX Corp), Change of Control Agreement (CSX Corp), Change of Control Agreement (CSX Corp)

Non-exclusivity of Rights. Nothing Except as specifically provided, nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f11(e), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 10 contracts

Samples: Employment Agreement (York International Corp /De/), Employment Agreement (York International Corp /De/), Employment Agreement (York International Corp /De/)

Non-exclusivity of Rights. Nothing Except as otherwise specifically provided in this Agreement, nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f), nor shall anything herein limit or otherwise negatively affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which that are vested benefits benefits, consisting of any compensation previously deferred by the Executive, or which that the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any other contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or other contract or agreement agreement, except as explicitly modified by this Agreement.

Appears in 10 contracts

Samples: Change in Control Agreement (Innophos Holdings, Inc.), Executive Employment Agreement (Innophos Holdings, Inc.), Change in Control Agreement (Innophos Holdings, Inc.)

Non-exclusivity of Rights. Nothing Except as provided in Section 4 of this Agreement, nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f), nor shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 10 contracts

Samples: Employment Agreement (R&b Falcon Corp), Employment Agreement (R&b Falcon Corp), Employment Agreement (Cliffs Drilling Co)

Non-exclusivity of Rights. Nothing Except as provided in Section 4 of this Agreement, nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f), nor shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified such plan, policy, practice or program is superseded by this Agreement.

Appears in 9 contracts

Samples: Employment Agreement (Carrizo Oil & Gas Inc), Employment Agreement (Carrizo Oil & Gas Inc), Employment Agreement (Carrizo Oil & Gas Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f9(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 9 contracts

Samples: Employment Agreement (Incyte Genomics Inc), Employment Agreement (Incyte Genomics Inc), Employment Agreement (Incyte Genomics Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f)except as explicitly provided herein, shall anything herein in this Agreement limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which that are vested benefits or which that the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 9 contracts

Samples: Change in Control Severance Agreement (Assurant Inc), Change in Control Severance Agreement (Assurant Inc), Change in Control Severance Agreement (Assurant Inc)

Non-exclusivity of Rights. Nothing Except as provided in Section 4 of this Agreement, nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f), nor shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified such plan, policy, practice or program is superseded by this Agreement.

Appears in 9 contracts

Samples: Employment Agreement (Carrizo Oil & Gas Inc), Employment Agreement (Carrizo Oil & Gas Inc), Employment Agreement (Carrizo Oil & Gas Inc)

Non-exclusivity of Rights. Nothing Except as specifically provided herein, nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f), nor shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which that are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 8 contracts

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

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f13(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 8 contracts

Samples: Employment Agreement (Beazer Homes Usa Inc), Supplemental Employment Agreement (Beazer Homes Usa Inc), Employment Agreement (Beazer Homes Usa Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any planbenefit, programbonus, policy incentive or practice other plans, practices, policies or programs provided by the Company or any of its affiliated companies Subsidiaries and for which the Executive may qualify, nor, subject to Section 12(f), nor shall anything herein limit or otherwise affect such rights as the Executive may have under any contract stock option or agreement other agreements with the Company or any of its affiliated companiesSubsidiaries. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policypractice, practice policy or program of or any contract or agreement with the Company or any of its affiliated companies Subsidiaries at or subsequent to the Date date of Termination termination shall be payable in accordance with such plan, policypractice, practice policy or program or contract or agreement except as explicitly modified by this Agreementprogram.

Appears in 7 contracts

Samples: Change of Control Agreement (Core Industries Inc), Change of Control Agreement (Core Industries Inc), Change of Control Agreement (Durakon Industries Inc)

Non-exclusivity of Rights. Nothing Except as specifically provided herein, nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualifyqualifies pursuant to its terms, nor, subject to Section 12(f), nor shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which that are vested benefits or which that the Executive is otherwise entitled to receive under pursuant to the terms of any plan, policyprogram, policy or practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policyprogram, policy or practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 7 contracts

Samples: Employment Agreement, Employment Agreement (Babcock & Wilcox Enterprises, Inc.), Employment Agreement (Babcock & Wilcox Co)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f11(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 7 contracts

Samples: Change of Control Agreement (Washington Federal Inc), Change of Control Agreement (Avista Corp), Change of Control Agreement (Avista Corp)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies the Affiliated Companies and for which the Executive may qualify, nor, subject to Section 12(f11(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any other contract or agreement with the Company or any of its affiliated companiesthe Affiliated Companies. Amounts which that are vested benefits or which that the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies the Affiliated Companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement agreement, except as explicitly modified by this Agreement.

Appears in 7 contracts

Samples: Employment Agreement (Gillette Co), Employment Agreement (Gillette Co), Change in Control Employment Agreement (Gillette Co)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, programpractice, policy policy, or practice program provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice practice, or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, practice, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 6 contracts

Samples: Change of Control Employment Agreement (Unova Inc), Change of Control Employment Agreement (Western Atlas Inc), Change of Control Employment Agreement (Western Atlas Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f10(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 6 contracts

Samples: Employment Agreement (Healthaxis Inc), Employment Agreement (Healthaxis Inc), Employment Agreement (Fisher Scientific International Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies Affiliated Companies and for which the Executive may qualify, nor, subject to Section 12(f11(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companiesAffiliated Companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies Affiliated Companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 5 contracts

Samples: Employment Agreement (Nevada Chemicals Inc), Employment Agreement (Merit Medical Systems Inc), Employment Agreement (Merit Medical Systems Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f10(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companiesCompanies. Amounts which Any rights that are vested and any benefits or which that the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 5 contracts

Samples: Change of Control Agreement (El Paso Electric Co /Tx/), Change of Control Agreement (El Paso Electric Co /Tx/), Change of Control Agreement (El Paso Electric Co /Tx/)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the ExecutiveEmployee's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive Employee may qualify, nor, subject to Section 12(f), nor shall anything herein limit or otherwise affect such rights as the Executive Employee may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive Employee otherwise is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date date of Termination termination shall be payable in accordance with such plan, policy, practice or program or practice, program, contract or agreement except as explicitly modified by this Agreement.

Appears in 5 contracts

Samples: Employment Agreement (Diodes Inc /Del/), Employment Agreement (Diodes Inc /Del/), Employment Agreement (Diodes Inc /Del/)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its the affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f11(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its the affiliated companies. Amounts which or benefits that are vested benefits or which that the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its the affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement agreement, except as explicitly modified by this Agreement.

Appears in 5 contracts

Samples: Employment Agreement (Kellogg Co), Employment Agreement (Kellogg Co), Employment Agreement (Kellogg Co)

Non-exclusivity of Rights. Nothing Except as otherwise expressly provided for in this Agreement, nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f), nor shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 5 contracts

Samples: Senior Executive Retention Agreement (Sra International, Inc.), Senior Executive Retention Agreement (Sra International, Inc.), Senior Executive Retention Agreement (Sra International Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall ------------------------- prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f14(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 5 contracts

Samples: Change in Control Employment Agreement (Carramerica Realty Corp), Change in Control Employment Agreement (Carramerica Realty Corp), Change in Control Employment Agreement (Carramerica Realty Corp)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f10(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companiesCompanies. Amounts which Any rights that are vested and any benefits or which that the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 5 contracts

Samples: Change of Control Agreement (El Paso Electric Co /Tx/), Change of Control Agreement (El Paso Electric Co /Tx/), Change of Control Agreement (El Paso Electric Co /Tx/)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f)except as explicitly provided herein, shall anything herein in this Agreement limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which that are vested benefits or which that the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 5 contracts

Samples: Change in Control Severance Agreement (Assurant Inc), Change in Control Severance Agreement (Assurant Inc), Change in Control Severance Agreement (Assurant Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f14(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 5 contracts

Samples: Employment Agreement (Louisiana-Pacific Corp), Change in Control Employment Agreement (Carramerica Realty Corp), Change in Control Employment Agreement (Carramerica Realty Corp)

Non-exclusivity of Rights. Nothing in this Agreement shall ------------------------- prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 5 contracts

Samples: Annual Report (Golden State Bancorp Inc), Employment Agreement (Federal Mogul Corp), Employment Agreement (Federal Mogul Corp)

Non-exclusivity of Rights. Nothing Except as specifically provided, nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f11(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 5 contracts

Samples: Employment Agreement (Blackrock Inc /Ny), Employment Agreement (Bank of America Corp /De/), Employment Agreement (Bank of America Corp /De/)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f)21, shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 4 contracts

Samples: Employment Agreement (Alpine Group Inc /De/), Employment Agreement (Alpine Group Inc /De/), Employment Agreement (Superior Telecom Inc)

Non-exclusivity of Rights. Nothing Except as specifically provided, nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company Company, or any of its affiliated companies affiliates and for which the Executive may qualify, nor, subject to Section 12(f9(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company Company, or any of its affiliated companiesaffiliates. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies affiliates at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement. As used in this Agreement, the terms "affiliated companies" and "affiliates" shall include any company controlled by, controlling or under common control with the Company.

Appears in 4 contracts

Samples: Employment Agreement (National Australia Bank LTD), Employment Agreement (Homeside International Inc), Employment Agreement (Homeside International Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f3(a), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 4 contracts

Samples: Change in Control Agreement (Clorox Co /De/), Change in Control Agreement (Clorox Co /De/), Change in Control Agreement (Clorox Co /De/)

Non-exclusivity of Rights. Nothing Except as specifically provided, nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies affiliates and for which the Executive may qualify, nor, subject to Section 12(f11(e), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companiesaffiliates. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies affiliates at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement. As used in this Agreement, the terms "affiliated companies" and "affiliates" shall include any company controlled by, controlling or under common control with the Company.

Appears in 4 contracts

Samples: Executive Agreement (Cit Group Inc Del), Executive Agreement (Cit Group Inc Del), Executive Agreement (Cit Group Inc Del)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or ------------------------- limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 4 contracts

Samples: Change of Control Employment Agreement (Mapics Inc), Employment Agreement (Golden State Bancorp Inc), Change in Control Employment Agreement (Xcellenet Inc /Ga/)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any planbenefit, programbonus, policy incentive or practice other plan or program provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f), nor shall anything herein limit or otherwise affect such rights as the Executive may have under any contract stock option or agreement other agreements with the Company or any of its affiliated companies. Amounts Except as otherwise provided in Sections 6 and 7 hereof, amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice plan or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date date of any Qualified Termination shall be payable in accordance with such plan, policy, practice plan or program or contract or agreement except as explicitly modified by this Agreementprogram.

Appears in 4 contracts

Samples: Change in Control Agreement (Drew Industries Inc), Change in Control Agreement (Drew Industries Inc), Change in Control Agreement (Drew Industries Inc)

Non-exclusivity of Rights. Nothing Except as specifically provided, nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualifyqualifies pursuant to its terms, nor, subject to Section 12(f), nor shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which that are vested benefits or which that the Executive is otherwise entitled to receive under pursuant to the terms of any plan, policyprogram, policy or practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policyprogram, policy or practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 4 contracts

Samples: Employment Agreement (First Industrial Lp), Employment Agreement (First Industrial Lp), Employment Agreement (First Industrial Realty Trust Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f10(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of of, or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program program, or contract or agreement except as explicitly modified by this Agreement.

Appears in 4 contracts

Samples: Employment Agreement (Transocean Sedco Forex Inc), Employment Agreement (Transocean Sedco Forex Inc), Employment Agreement (Transocean Sedco Forex Inc)

Non-exclusivity of Rights. Nothing Except as specifically provided, nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 4 contracts

Samples: Employment Agreement (First Union Corp), Employment Agreement (Suntrust Banks Inc), Employment Agreement (Regions Financial Corp)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the ExecutiveEmployee's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive Employee may qualify, nor, subject to Section 12(f), nor shall anything herein in this Agreement limit or otherwise affect such rights as the Executive Employee may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested Vested benefits or which and other amounts that the Executive Employee is otherwise entitled to receive under any plan, policy, practice or program of of, or any contract or agreement with with, the Company or any of its affiliated companies at on or subsequent to after the Date of Termination shall be payable in accordance with such plan, policy, practice or program or practice, program, contract or agreement agreement, as the case may be, except as explicitly modified by this Agreement.

Appears in 4 contracts

Samples: Employment Agreement (International Fuel Technology Inc), Employment Agreement (International Fuel Technology Inc), Employment Agreement (International Fuel Technology Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice (other than those providing severance benefits) provided by the Company or any of its affiliated companies Affiliates and for which the Executive may qualify, nor, subject to Section 12(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companiesAffiliates. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies Affiliates at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 4 contracts

Samples: Employment Agreement (Gatx Corp), Employment Agreement (Gatx Corp), Employment Agreement (Gatx Corp)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any plan, program, policy or practice (other than those providing severance benefits) provided by the Company or any of its affiliated companies Affiliates and for which the Executive may qualify, nor, subject to Section 12(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companiesAffiliates. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies Affiliates at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 3 contracts

Samples: Employment Agreement (Gatx Corp), Employment Agreement (Gatx Corp), Employment Agreement (Gatx Corp)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent ------------------------- or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f11(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract contrast or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract Contract or agreement except as explicitly modified by this Agreement.

Appears in 3 contracts

Samples: Change of Control Employment Agreement (Calgene Inc /De/), Change of Control Employment Agreement (Calgene Inc /De/), Change of Control Employment Agreement (Calgene Inc /De/)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(fqualify (excluding any severance plan or program of the Company), nor shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 3 contracts

Samples: Employment Agreement (Wachovia Corp New), Employment Agreement (Wachovia Corp New), Employment Agreement (Wachovia Corp New)

Non-exclusivity of Rights. Nothing Except as provided in Section 4 of this Agreement, nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f), nor shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts Amount which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified such plan, policy, practice or program is superseded by this Agreement.

Appears in 3 contracts

Samples: Employment Agreement (Carrizo Oil & Gas Inc), Employment Agreement (Carrizo Oil & Gas Inc), Employment Agreement (Carrizo Oil & Gas Inc)

Non-exclusivity of Rights. Nothing Except as specifically provided, nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company Company, or any of its affiliated companies affiliates and for which the Executive may qualify, nor, subject to Section 12(f11(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company Company, or any of its affiliated companiesaffiliates. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies affiliates at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement. As used in this Agreement, the terms "affiliated companies" and "affiliates" shall include any company controlled by, controlling or under common control with the Company.

Appears in 3 contracts

Samples: Employment Agreement (Nuveen John Company), Employment Agreement (Nuveen John Company), Employment Agreement (Cardinal Health Inc)

Non-exclusivity of Rights. Nothing Except as specifically provided, nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 3 contracts

Samples: Employment Agreement (National Commerce Financial Corp), Employment Agreement (National Commerce Financial Corp), Employment Agreement (National Commerce Financial Corp)

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Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any planbenefit, programbonus, policy incentive or practice other plans, programs, policies or practices, provided by the Company or any of its affiliated companies Affiliated Companies and for which the Executive may qualify, nor, subject to Section 12(f), nor shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement other agreements with the Company or any of its affiliated companiesAffiliated Companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies Affiliated Companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 3 contracts

Samples: Change of Control Agreement (Canyon Resources Corp), Change of Control Agreement (Canyon Resources Corp), Employment Agreement (Canyon Resources Corp)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f3(a), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 3 contracts

Samples: Change of Control Employment Agreement (Clorox Co /De/), Change of Control Employment Agreement, Employment Agreement (Clorox Co /De/)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f), ) shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 3 contracts

Samples: Change of Control Employment Agreement (First Chicago NBD Corp), Change of Control Employment Agreement (First Chicago NBD Corp), Change of Control Employment Agreement (First Chicago NBD Corp)

Non-exclusivity of Rights. Nothing Except as explicitly provided in this Agreement, nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f), nor shall anything herein limit or otherwise affect such rights as the Executive may have under applicable law or under any other contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any other plan, policy, practice or program of of, or any other contract or agreement with with, the Company or any of its affiliated companies at at, or subsequent to to, the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 3 contracts

Samples: Transitional Compensation Agreement (Amcore Financial Inc), Transitional Compensation Agreement (Amcore Financial Inc), Transitional Compensation Agreement (Amcore Financial Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f11(g), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement; provided that the Executive shall not be eligible for severance benefits under any other program or policy of the Company.

Appears in 2 contracts

Samples: Employment Agreement (Archipelago Holdings L L C), Employment Agreement (Archipelago Holdings L L C)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or ------------------------- limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f13(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Mapics Inc), Employment Agreement (Mapics Inc)

Non-exclusivity of Rights. Nothing Except as explicitly provided in this Agreement, nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f), nor shall anything herein limit or otherwise affect such rights as the Executive may have under applicable law or under any other contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any other plan, policy, practice or program of of; or any other contract or agreement with with, the Company or any of its affiliated companies at at, or subsequent to to, the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 2 contracts

Samples: Transitional Compensation Agreement (Amcore Financial Inc), Transitional Compensation Agreement (Amcore Financial Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies Affiliates and for which the Executive may qualify, nor, subject to Section 12(f15(c), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companiesAffiliates. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies Affiliates at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 2 contracts

Samples: Executive Agreement (Pittston Co), Executive Agreement (Pittston Co)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f13(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreementagreement.

Appears in 2 contracts

Samples: Change in Control Employment Agreement (PPG Industries Inc), Employment Agreement (PPG Industries Inc)

Non-exclusivity of Rights. Nothing Except as provided in Section 4 of this Agreement, nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f), nor shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified such plan, policy, practice or program is expressly superseded by this Agreement.

Appears in 2 contracts

Samples: Change of Control Employment Agreement (Lennox International Inc), Change of Control Employment Agreement (Lennox International Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice prac txxx provided by the Company or any of its affiliated companies compa nxxx and for which the Executive may qualify, nor, subject to Section 12(f), qualify nor shall anything any thing herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled en titled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (James River Corp of Virginia), Employment Agreement (James River Corp of Virginia)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f12 (f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (City National Corp), Employment Agreement (City National Corp)

Non-exclusivity of Rights. Nothing in this Agreement shall ------------------------- prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f12(g), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 2 contracts

Samples: Change of Control Employment Agreement (General Signal Corp), Change of Control Employment Agreement (General Signal Corp)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f9(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Incyte Corp), Employment Agreement (Incyte Corp)

Non-exclusivity of Rights. Nothing Except as specifically provided, nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f11(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement; provided that the Executive shall not be eligible for severance benefits under any other program or policy of the Company.

Appears in 2 contracts

Samples: Employment Agreement (Unumprovident Corp), Employment Agreement (Unum Group)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation during the Term in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f), qualify nor shall anything herein in this Agreement limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested Vested benefits or which and other amounts that the Executive is otherwise entitled to receive under any plan, policy, practice or program of of, or any contract or of agreement with with, the Company or any of its affiliated companies at on or subsequent to after the Date of Termination shall be payable in accordance with the terms of each such plan, policy, practice or program or practice, program, contract or agreement agreement, as the case may be, except as explicitly modified by this Agreement.

Appears in 2 contracts

Samples: Executive Retirement Agreement (Stanley Black & Decker, Inc.), Executive Retirement Agreement (Stanley Black & Decker, Inc.)

Non-exclusivity of Rights. Nothing in this Agreement shall ------------------------- prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f)9(g) below, shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 2 contracts

Samples: Retention Agreement (Solutia Inc), Retention Agreement (Solutia Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f)13, shall anything herein in this Agreement limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested Vested benefits or which and other amounts that the Executive is otherwise entitled to receive under any plan, policy, practice or program of of, or any contract or agreement with with, the Company or any of its affiliated companies at on or subsequent to after the Date of Termination shall be payable in accordance with such plan, policy, practice or program or practice, program, contract or agreement agreement, as the case may be, except as explicitly modified by this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Hilton Hotels Corp), Employment Agreement (Hilton Hotels Corp)

Non-exclusivity of Rights. Nothing Except as specifically provided herein, nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualifyqualifies pursuant to its terms, nor, subject to Section 12(f), nor shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which that are vested benefits or which that the Executive is otherwise entitled to receive under pursuant to the terms of any plan, policyprogram, policy or practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policyprogram, policy or practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Cole Credit Property Trust III, Inc.), Employment Agreement (Cole Credit Property Trust III, Inc.)

Non-exclusivity of Rights. Nothing Except as specifically provided, nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f11(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Anadarko Petroleum Corp), Employment Agreement (Anadarko Petroleum Corp)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreementagreement.

Appears in 2 contracts

Samples: Employment Agreement (PPG Industries Inc), Employment Agreement (PPG Industries Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to paragraph (f) of Section 12(f)11, shall anything herein in this Agreement limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested Vested benefits or which and other amounts that the Executive is otherwise entitled to receive under any plan, policy, practice or program of of, or any contract or agreement with with, the Company or any of its affiliated companies at on or subsequent to after the Date of Termination shall be payable in accordance with such plan, policy, practice or program or practice, program, contract or agreement agreement, as the case may be, except as explicitly modified by this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Hilton Hotels Corp), Employment Agreement (Source Information Management Co)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the ExecutiveEmployee's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive Employee may qualify, nor, subject to Section 12(f), nor shall anything herein limit or otherwise affect such rights as the Executive Employee may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive Employee is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 2 contracts

Samples: Change of Control Severance Agreement (Melamine Chemicals Inc), Change of Control Severance Agreement (Melamine Chemicals Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent ------------------------- or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 2 contracts

Samples: Change in Control Employment Agreement (Xcellenet Inc /Ga/), Employment Agreement (Newmont Mining Corp)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f12(g), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 2 contracts

Samples: Change of Control Employment Agreement (Smith International Inc), Change of Control Employment Agreement (Smith International Inc)

Non-exclusivity of Rights. Nothing Except as specifically provided, nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f10(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (National Golf Properties Inc), Employment Agreement (National Golf Properties Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f11(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which Any rights that are vested and any benefits or which that the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 2 contracts

Samples: Merger Agreement (Panenergy Corp), Agreement and Plan of Merger (Duke Power Co /Nc/)

Non-exclusivity of Rights. Nothing Except as provided in Sections 1 and 3 of this Agreement, nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and Affiliates for which the Executive may qualify, nor, subject to Section 12(f), nor shall anything herein in this Agreement limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companiesAffiliates. Amounts which are vested Vested benefits or which the and other amounts that Executive is otherwise entitled to receive under any other plan, policy, practice practice, or program of of, or any contract or agreement with with, the Company or any of its affiliated companies at Affiliates on or subsequent to after the Date of Termination shall be payable in accordance with the terms of each such plan, policy, practice practice, program, contract, or program or contract or agreement agreement, as the case may be, except as explicitly modified by this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Idaho Power Co), Employment Agreement (Idaho Power Co)

Non-exclusivity of Rights. Nothing Except as specifically provided, nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company Company, or any of its affiliated companies affiliates and for which the Executive may qualify, nor, subject to Section 12(f11(e), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company Company, or any of its affiliated companiesaffiliates. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies affiliates at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement. As used in this Agreement, the terms "affiliated companies" and "affiliates" shall include any company controlled by, controlling or under common control with the Company.

Appears in 2 contracts

Samples: Retention Agreement (Tyco International LTD /Ber/), Retention Agreement (Cit Group Inc Del)

Non-exclusivity of Rights. Nothing Except as specifically provided, nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies affiliates and for which the Executive may qualify, nor, subject to Section 12(f11(e), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companiesaffiliates. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of of, or any contract or agreement with with, the Company or any of its affiliated companies affiliates at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement. As used in this Agreement, the terms "affiliated companies" and "affiliates" shall include any company controlled by, controlling or under common control with the Company.

Appears in 2 contracts

Samples: Employment Agreement (Cit Group Inc), Employment Agreement (Cit Group Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of of, or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program program, or contract or agreement except as explicitly modified by this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Transocean Offshore Inc), Employment Agreement (Transocean Offshore Inc /New/)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or ------------------------- limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f14(d), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Check Into Cash Inc), Employment Agreement (Check Into Cash Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f), nor shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement (other than this Agreement) with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Avery Dennison Corporation), Employment Agreement (Avery Dennison Corporation)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies Affiliated Companies and for which the Executive may qualify, nor, subject to Section 12(f13(g), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companiesAffiliated Companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies Affiliated Companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 2 contracts

Samples: Change in Control Agreement (Idexx Laboratories Inc /De), Change in Control Agreement (Idexx Laboratories Inc /De)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f), ) shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with any such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Beazer Homes Usa Inc), Employment Agreement (Beazer Homes Usa Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies Affiliated Companies and for which the Executive may qualify, nor, subject to Section 12(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companiesAffiliated Companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies Affiliated Companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Universal Corp /Va/), Change in Control Agreement (Universal Corp /Va/)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's ’s continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualifyqualify by the express terms of such plan, norprogram or policy, subject to Section 12(f), nor shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 2 contracts

Samples: Change in Control Agreement (Clorox Co /De/), Change in Control Agreement (Clorox Co /De/)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, programpractice, policy policy, or practice program provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which that are vested benefits or which that the Executive is otherwise entitled to receive under any plan, policy, practice practice, or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, practice, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

Appears in 2 contracts

Samples: Change of Control Employment Agreement (Paxar Corp), Change of Control Employment Agreement (Paxar Corp)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to paragraph (f) of Section 12(f)12, shall anything herein in this Agreement limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested Vested benefits or which and other amounts that the Executive is otherwise entitled to receive under any plan, policy, practice or program of of, or any contract or agreement with with, the Company or any of its affiliated companies at on or subsequent to after the Date of Termination shall be payable in accordance with such plan, policy, practice or program or practice, program, contract or agreement agreement, as the case may be, except to the extent provided in paragraph (f) of Section 12 of this Agreement or as otherwise explicitly modified by this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Packard Bioscience Co), Employment Agreement (Packard Bioscience Co)

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