Common use of Non-exclusivity of Rights Clause in Contracts

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

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 rights under any benefit, bonus, incentive or other plan or program practice provided by the Company and for which the Executive may qualify; provided, however, . Vested benefits and other amounts that if the Executive becomes is otherwise entitled to and receives receive on or after the payments provided for Date of Termination under any plan, policy, practice or program of, or any contract or agreement with, the Company shall be payable in Section 2 of accordance with such plan, policy, practice, program, contract or agreement, as the case may be, except as explicitly modified by this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by Company or any member of the Company Group and for which Executive may qualify; provided, however, that if nor shall anything herein limit or otherwise adversely affect such rights as Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments may have under any severance plan stock option or similar program applicable to all employees other agreements with Company or any member of the CompanyCompany Group.

Non-exclusivity of Rights. Nothing Except as otherwise provided in Section 3.2(a), nothing in this Agreement shall prevent or limit the Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which the Executive may qualify; provided, however, that if nor shall anything herein limit or reduce such rights as the Executive becomes may have under any other agreements with the Company. Amounts which are vested benefits or which the Executive is otherwise entitled to and receives receive under any plan or program of the payments provided for Company shall be payable in Section 2 of accordance with such plan or program, except as explicitly modified by this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives all of the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s 's right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 2.1(c) of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s 's continuing or future eligibility or participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if nor shall anything herein limit or otherwise affect such rights as Executive becomes may have under any stock option or other agreements with the Company. Amounts which are vested benefits or which Executive is otherwise entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the CompanyCompany subsequent to the Date of Termination shall be payable in accordance with such plan or program.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments Severance or Change of Control Severance provided for in Section 2 3 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable that would otherwise apply to all employees of the CompanyExecutive.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefitplan, bonuspractice, incentive or other plan policy or program provided by the Company and for which Executive may qualify; provided, however, that if nor shall anything in this Agreement limit or otherwise affect any rights Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments may have under any severance plan contract or similar program applicable to all employees of agreement with the Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company Company, or any of its Subsidiaries or Affiliates, and for which the Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in any plan, program, policy or rights under any benefit, bonus, incentive or other plan or program practice provided by the Company Corporation or its subsidiaries and for which Executive may qualify; provided, howevernor shall anything herein limit or otherwise affect such rights as Executive may have under any other contract or agreement with the Corporation or its subsidiaries at or subsequent to the Termination Date, that if Executive becomes entitled to and receives the payments provided for which shall be payable in Section 2 of accordance with such plan, policy, practice or program or contract or agreement, except as explicitly modified by this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company or any of its subsidiary companies and for which the Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s 's right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if nor shall anything herein limit or reduce such rights as Executive becomes may have under any other agreements with the Company. Amounts which are vested benefits or which Executive is otherwise entitled to and receives receive under any plan or program of the payments provided for Company shall be payable in Section 2 of accordance with such plan or program, except as explicitly modified by this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company or the Parent and for which the Executive may qualify; provided, however, that if nor shall anything herein limit or reduce such rights as the Executive becomes may have under any other agreements with the Company or the Parent. Amounts which are vested benefits or which the Executive is otherwise entitled to and receives receive under any plan or program of the payments provided for Company shall be payable in Section 2 of accordance with such plan or program, except as explicitly modified by this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company or any of its Affiliates and for which Executive may qualify; provided, however, that if nor shall anything herein limit or otherwise adversely affect such rights as Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments may have under any severance plan stock option or similar program applicable to all employees other agreements with Company or any of the Companyits Affiliates.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 and 3 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 2.1(b) or (c) of this Agreement, Executive hereby waives Executive’s 's right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company or any affiliate and for which the Executive may qualify; provided, however, that if the Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, the Executive hereby waives Executive’s his right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company or any affiliate and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives all of the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s his right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which the Executive may qualify; providedqualify by the express terms of such benefit, howeverbonus, that if incentive or other plan or program, nor shall anything herein limit or otherwise affect such rights as the Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments may have under any severance plan other written agreements with the Company or similar program applicable to all employees any of its affiliated companies which are signed by an authorized officer of the Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company SunGard, as applicable, and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 2.1(b) of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program policy applicable to all employees of the CompanySunGard, as applicable.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 3 of this Agreement, Executive hereby waives Executive’s 's right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company or any of its Subsidiaries or Affiliates and for which the Executive may qualify; provided, however, that if Executive becomes entitled with respect to and receives a Qualifying Termination, the payments provided for in Section 2 of this Agreement, Executive hereby waives the Executive’s right to receive any payments under any severance pay plan or similar program applicable to all other employees of the Company, and agrees to accept the payment provided in Section 3 hereof in lieu of any other severance pay plan or similar program.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 2.1(b) or (c) of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing contained in this Agreement shall prevent or limit the Executive’s 's continuing or future participation in any plan, program, policy or rights under any benefit, bonus, incentive or other plan or program practice provided by the Company or any of its affiliated companies and for which the Executive may qualify; provided, however, that if nor shall anything herein limit or otherwise affect such rights as the Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments may have under any severance plan contract or similar program applicable to all employees agreement with the Company or any of the Companyits affiliated companies, excepts as expressly provided herein or in such other contract or agreement.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company or any affiliate and for which the Executive may qualify; provided, however, that if the Executive becomes entitled to and receives all of the payments provided for in Section 2 of this Agreement, the Executive hereby waives Executive’s his right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company Corporation and for which the Executive may qualify; provided, however, that if nor shall anything herein limit or otherwise affect such rights as the Executive becomes may have under any stock option or other agreements with the Corporation. Amounts which are vested benefits or which the Executive is otherwise entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the CompanyCorporation at or subsequent to the Date of Termination shall be payable in accordance with such plans or programs.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive’s continuing or future participation in or rights under any benefit, bonus, incentive incentive, or other plan or program provided by the Company and for which the Executive may qualify; provided, however, that if the Executive becomes entitled to and receives the payments provided for in Section 2 Sections 2.1(b) or 2.1(c) of this Agreement, the Executive hereby waives the Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 or 3 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which the Executive may qualify; provided, however, that if nor shall anything herein limit or reduce such rights as the Executive becomes may have under any other agreements with the Company. Amounts which are vested benefits or which the Executive is otherwise entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the CompanyCompany shall be payable in accordance with such plan or program.

Non-exclusivity of Rights. Nothing in this Agreement shall prejudice, prevent or limit the Executive’s previously vested rights under, or continuing or future participation in or rights under in, any benefit, bonus, incentive incentive, equity or other plan or program provided by the Company and for which the Executive may qualify; provided, however, that if nor shall anything herein limit or otherwise prejudice such rights as the Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments may have under any severance other currently existing plan or similar program applicable to all employees of agreement regarding severance from employment with the CompanyCompany or statutory entitlements.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company Employer and for which Executive may qualify; provided, howevernor shall anything herein limit or reduce such rights as Executive may have under any other agreements with Employer, that if Executive becomes entitled to and receives the payments other than as provided for in Section 2 of this Agreement, 8 herein. Amounts which are vested benefits or which Executive hereby waives Executive’s right is otherwise entitled to receive payments under any severance plan or similar program applicable to all employees of the Companyshall be payable in accordance with such plan or program.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan plans, programs, policies or program practices provided by the Company or any of its subsidiaries and for which the Executive may qualify; provided, however, that if nor shall anything herein limit or otherwise affect such rights as the Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments may have under any severance plan stock option or similar program applicable to all employees other agreements with the Company or any of its subsidiaries. Amounts which are vested benefits or which the Company.Executive is otherwise entitled to

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company Company, or any of its Subsidiaries, and for which the Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments under any other than severance plan or similar program applicable to all employees of the Companybenefits.

Non-exclusivity of Rights. Nothing in this Agreement shall will prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company or any of its subsidiaries and for which Executive may qualify; provided, however, that if nor will anything herein limit or reduce such rights as Executive becomes may have under any other agreements with the Company or any of its subsidiaries. Amounts which are vested benefits or which Executive is otherwise entitled to and receives receive under any plan or program of the payments provided for Company or any of its subsidiaries will be payable in Section 2 of accordance with such plan or program, except as explicitly modified by this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company SunGard or Employer, as applicable, and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 2.1(b) of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program policy applicable to all employees of the CompanySunGard or Employer, as applicable.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company Company, Parent or any affiliate of either of the foregoing and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives all of the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s his right to receive payments under any severance plan or similar program applicable to all employees of the Parent or Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives all of the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s 's right to receive payments under any severance plan or similar program applicable to all employees of the Company.. 6.5

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive’s continuing or future participation in or rights under any benefit, bonus, incentive incentive, or other plan or program provided by the Company or its Affiliates and for which the Executive may qualify; provided, howeverother than the Management Continuity Protection Plan, that if nor shall anything herein limit or otherwise affect such rights as the Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments may have under any severance plan other agreements with the Company or similar program applicable to all employees of the Company.its Affiliates, including but not limited to:

Non-exclusivity of Rights. Nothing Subject to Section 2.2(a), nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if nor shall anything herein limit or reduce such rights as Executive becomes may have under any other agreements with the Company. Amounts which are vested benefits or which Executive is otherwise entitled to and receives the payments provided for receive under any Company plan, program, practice or arrangement shall be payable in Section 2 of accordance with such plan, program, practice or arrangement except as explicitly modified by this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which the Executive may qualify; provided, however, that if nor shall anything herein limit or reduce such rights as the Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments may have under any severance plan or similar program applicable to all employees of other agreements with the Company.

Non-exclusivity of Rights. Nothing Except as explicitly modified by Section ------------------------- 2(b) of this Agreement, nothing in this Agreement shall prevent or limit Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if nor shall anything herein limit or reduce such rights as Executive becomes may have under any other agreements with Company. Amounts which are vested benefits or which Executive is otherwise entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the CompanyCompany shall be payable in accordance with such plan or program.

Non-exclusivity of Rights. Nothing Except as otherwise specifically provided in this Agreement, nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in any plan, program, policy or rights under any benefit, bonus, incentive or other plan or program practice provided by the Company and for which Executive may qualify; provided, however, that if nor shall anything herein limit or otherwise negatively affect such rights as Executive becomes entitled to and receives may have under any contract or agreement with the payments provided for in Section 2 Company or any of its affiliated companies. Notwithstanding any other provision of this Agreement, Executive hereby waives Executive’s right shall not be entitled to receive any payments or benefits under any severance plan program other than those which are described and anticipated under this Agreement or similar program applicable to all employees of under the CompanyExecutive Change in Control Agreement.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company Employer and for which Executive may qualify; provided, howevernor shall anything herein limit or reduce such rights as Executive may have under any other agreements with Parent or Employer, that if Executive becomes entitled to and receives the payments other than as provided for in Section 2 of this Agreement, 12 herein. Amounts which are vested benefits or which Executive hereby waives Executive’s right is otherwise entitled to receive payments under any severance plan or similar program applicable to all employees of the Companyshall be payable in accordance with such plan or program.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company Company, or any of its Subsidiaries, and for which the Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments under any other than severance plan or similar program applicable to all employees of the Companybenefits.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s 's continuing or future eligibility or participation in or rights under any benefitbenefits, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if nor shall anything herein limit or otherwise affect such rights as Executive becomes may have under any stock option or other agreements with the Company. Amounts which are vested benefits or which Executive is otherwise entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the CompanyCompany subsequent to the Date of Termination shall be payable in accordance with such plan or program.

Non-exclusivity of Rights. Nothing Except as explicitly modified by Section ------------------------- 2(b) of this Agreement, nothing in this Agreement shall prevent or limit Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if nor shall anything herein limit or reduce such rights as Executive becomes may have under any other agreements with Company. Amounts which are vested benefits or which Executive is otherwise entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the CompanyCompany shall be payable in accordance with such plan or program,.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or ------------------------- limit Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company or any affiliate and for which Executive executive may qualify; provided, however, that if Executive becomes entitled to and receives all of the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s his right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing in this the Agreement shall prevent or limit the Executive’s continuing or future participation in in, or rights under entitlements under, any benefit, bonus, incentive or other plan or program provided by of the Company and for which Executive may qualify; provided, however, that if nor shall anything herein limit or reduce such rights as the Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments may have under any severance plan other agreement with the Company. In the event of any conflict between the terms and conditions hereof and those of any plan, program or similar program applicable to all employees arrangement of the CompanyCompany in which the Executive participates, the terms and conditions more favorable to the Executive shall prevail.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives all of the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s his right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or any rights under of Executive to receive any benefitbenefits, bonus, incentive or other plan or program payment provided by the Company and to its salaried employees prior to the date hereof, except for such rights as Executive may have specifically waived in writing. Amounts which are vested benefits or which Executive may qualify; provided, however, that if Executive becomes is otherwise entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the CompanyCompany shall be payable in accordance with the terms of such plan or program.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive’s continuing or future participation in or rights under any benefit, bonus, incentive incentive, or other plan or program provided by the Company or its Affiliates and for which the Executive may qualify; provided, however, nor shall anything herein limit or otherwise affect such rights as the Executive may have under any other agreements with the Company or its Affiliates. Amounts that if are vested benefits or that the Executive becomes is otherwise entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the CompanyCompany or its Affiliates shall be payable in accordance with the terms of such plan or program.

Non-exclusivity of Rights. Nothing in this Agreement shall prejudice, prevent or limit the Executive’s 's previously vested rights under, or continuing or future participation in or rights under in, any benefit, bonus, incentive incentive, equity or other plan or program provided by the Company and for which the Executive may qualify; provided, however, that if nor shall anything herein limit or otherwise prejudice such rights as the Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments may have under any severance other currently existing plan or similar program applicable to all employees of agreement regarding severance from employment with the CompanyCompany or statutory entitlements.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company (except for any severance or termination policies, plans, programs or practices) and for which the Executive may qualify; provided, however, that if nor shall anything herein limit or reduce such rights as the Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments may have under any other agreements with the Company (except for any severance plan or similar program applicable to all employees of the Companytermination agreement).

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, #56956674 v6 that if Executive becomes entitled to and receives the payments provided for in Section 2 2.1(c) of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing Subject to Section ‎2.2(a), nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if nor shall anything herein limit or reduce such rights as Executive becomes may have under any other agreements with the Company. Amounts which are vested benefits or which Executive is otherwise entitled to and receives the payments provided for receive under any Company plan, program, practice or arrangement shall be payable in Section 2 of accordance with such plan, program, practice or arrangement except as explicitly modified by this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive’s continuing or future participation in or rights under any benefit, bonus, incentive incentive, or other plan or program provided by the Company and for which the Executive may qualify; provided, however, nor shall anything herein limit or otherwise affect such rights as the Executive may have under any other agreements with the Company. Amounts that if are vested benefits or that the Executive becomes is otherwise entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the CompanyCompany shall be payable in accordance with the terms of such plan or program.

Non-exclusivity of Rights. Nothing Subject to Section 2.2(a), nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if nor shall anything herein limit or reduce such rights as Executive becomes may have under any other agreements with the Company. Amounts which are vested benefits or which Executive is otherwise entitled to and receives the payments provided for receive under any Company plan, program,practice or arrangement shall be payable in Section 2 of accordance with such plan, program, practice or arrangement except as explicitly modified by this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives the any payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s 's right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.Section

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s 's continuing or future participation in any plan, program, policy or rights under any benefit, bonus, incentive or other plan or program practice provided by the Company or any of its Affiliates and for which Executive may qualify; provided, however, that if nor shall anything herein limit or otherwise restrict such rights as Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments may have under any severance plan contract or similar program applicable agreement with the Company or any of its Affiliates. Executive shall not be obligated to all employees furnish a release of any rights or claims against the CompanyCompany or its Affiliates as a condition of receiving benefits hereunder.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives qualify in the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees sole discretion of the CompanyBoard or any applicable committee thereof.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company or any of its Subsidiaries or Affiliates and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives from the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of date hereof through the CompanyTermination Date.

Non-exclusivity of Rights. Nothing Other than as specifically stated in this Agreement, nothing in this Agreement shall prevent or limit Executive’s continuing or future participation 's right to participate in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if nor shall anything herein limit or reduce such rights as Executive becomes may have under any agreements with the Company. Amounts which are vested benefits or which Executive is otherwise entitled to and receives receive under any plan or program of the payments provided for Company shall be payable in Section 2 of accordance with such plan or program, except as explicitly modified by this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or ------------------------- limit Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s 's right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing Except as otherwise specifically 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 rights under any benefit, bonus, incentive or other plan or program practice provided by the Company and for which the Executive may qualify; provided, however, that if nor shall anything herein limit or otherwise negatively affect such rights as the Executive becomes entitled to and receives may have under any contract or agreement with the payments provided for in Section 2 Company or any of its affiliated companies. Notwithstanding any other provision of this Agreement, the Executive hereby waives Executive’s right shall not be entitled to receive any payments or benefits under any severance plan program other than those which are described and anticipated under this Agreement or similar program applicable to all employees under any Change of the CompanyControl Agreement.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company or any of its subsidiaries and for which the Executive may qualify; provided, however, that if nor shall anything herein limit or reduce such rights as the Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments may have under any severance plan other agreements with the Company or similar program applicable to all employees any of the Company.its subsidiaries. Provided,

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by Company or any member of the Company Group and for which Executive may qualify; provided, howevernor shall anything herein limit or otherwise adversely affect such rights as Executive NuZee, that if Inc. Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Employment Agreement Executive’s right to receive payments : Xxxxxxxx Xxxxxxxxx may have under any severance plan stock option or similar program applicable to all employees other agreements with Company or any member of the CompanyCompany Group.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which the Executive may qualify; provided, however, that if nor shall anything herein limit or otherwise affect such rights as the Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments may have under any severance plan stock option or similar program applicable to all employees other agreements with the Company or any of the Companyits affiliated companies.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments Severance or Change of Control Severance provided for in Section 2 3 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable that would otherwise apply to all employees of the CompanyExecutive.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company or any of its subsidiaries and for which Executive may qualify; provided, however, that if nor shall anything herein limit or reduce such rights as Executive becomes may have under any other agreements with the Company or any of its subsidiaries. Amounts which are vested benefits or which Executive is otherwise entitled to and receives receive under any plan or program of the payments provided for Company or any of its subsidiaries shall be payable in Section 2 of accordance with such plan or program, except as explicitly modified under this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or ------------------------- limit Executive’s 's continuing or future participation in or rights under any benefit, bonus, bonus incentive or other plan or program provided by the Company or any of its affiliated companies and for which Executive may qualify; provided, however, nor shall anything herein limit or otherwise affect such rights that if Executive becomes may have under any stock option or other agreements with the Company. Amounts which are vested benefits or which Executive is otherwise entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the CompanyCompany at or subsequent to the Date of Termination shall be payable in accordance with such plan or program.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive ifExecutive becomes entitled to and receives the payments Severance or Change of Control Severance provided for in Section 2 3 of this Agreement, Executive hereby waives Executive’s 's right to receive payments under any severance plan or similar program applicable that would otherwise apply to all employees of the CompanyExecutive.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive ifExecutive becomes entitled to and receives the payments Severance or Change of Control Severance provided for in Section 2 3 of this Agreement, Executive hereby waives Executive’s 's right to receive payments under any severance plan or similar program applicable that would otherwise apply to all employees of the CompanyExecutive. 5.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent prevent, limit or limit Executive’s continuing or future participation in or otherwise affect such rights as the Executive may have under any benefit, bonus, incentive other agreements with the Company. Amounts which are vested benefits or other which the Executive is otherwise entitled to receive under any plans or programs of the Company at or subsequent to the Executive's date of termination shall be payable in accordance with such plan or program provided by the Company and for which Executive may qualifyprogram; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.that

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided or maintained by the Company Corporation and for which the Executive may be eligible and qualify; provided, however, that if nor shall anything herein limit or otherwise prejudice such rights as the Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments may have under any severance plan or similar program applicable to all employees of future agreements with the CompanyCorporation and/or any Affiliate, including, without limitation, any stock option agreements.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in any plan, program, policy, or rights under any benefit, bonus, incentive or other plan or program practice provided by the Company Corporation or its subsidiaries and for which Executive may qualify; provided, howevernor shall anything herein limit or otherwise affect such rights as Executive may have under any other contract or agreement with the Corporation or its subsidiaries at or subsequent to the Termination Date, that if Executive becomes entitled to and receives the payments provided for which shall be payable in Section 2 of accordance with such plan, policy, practice, or program or contract or agreement, except as explicitly modified by this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 2.1(b) of this Agreement, Executive hereby waives Executive’s 's right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if of Executive becomes entitled to and receives the payments Severance or Change of Control Severance provided for in Section 2 3 of this Agreement, Executive hereby waives Executive’s 's right to receive payments under any severance plan or similar program applicable that would otherwise apply to all employees of the CompanyExecutive.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which the Executive may qualify; provided, howevernor shall anything herein limit or otherwise prejudice such rights as the Executive may have under any other agreements with the Company, that if including, but not limited to stock option agreements. Amounts which are vested benefits or which the Executive becomes is otherwise entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.receive

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s 's continuing or future participation in any plan, program, policy or rights under any benefit, bonus, incentive or other plan or program practice provided by the Company and for which Executive may qualify; provided, however, nor shall anything herein limit or otherwise affect such rights as Executive may have under any other contract or agreement with the Company. Amounts that if are vested benefits or that Executive becomes is otherwise entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan plan, policy, practice or similar program applicable to all employees of the Company.or any contract or

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 2.1(c) of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent ------------------------- or limit Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives all of the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s 's right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company (except for any severance or termination policies, plans, programs or practices) and for which the Executive may qualify; provided, however, that if nor shall anything herein limit or reduce such rights as the Executive becomes may have under any other agreements with the Company (except for any severance or termination agreement). Amounts which are vested benefits or which the Executive is otherwise entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or ------------------------- limit Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if nor shall anything herein limit or reduce such rights as Executive becomes may have under any other agreements with the Company. Amounts which are vested benefits or which Executive is otherwise entitled to and receives receive under any plan or program of the payments provided for Company shall be payable in Section 2 of accordance with such plan or program, except as explicitly modified by this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, #56963029 v4 that if Executive becomes entitled to and receives the payments provided for in Section 2 2.1(c) of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company or any of its Affiliates and for which Executive may qualify; provided, however, that if nor shall anything herein limit or otherwise adversely affect such rights as Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments may have under any severance plan stock option or similar program applicable to all employees other agreements with the Company or any of the Companyits Affiliates.

Non-exclusivity of Rights. Nothing Except as expressly provided herein, nothing in this Agreement shall prevent or limit the Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company or any of its affiliated companies and for which the Executive may qualify; provided, however, that if nor shall anything herein limit or otherwise prejudice such rights as the Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments may have under any severance plan other agreements with the Company or similar program applicable to all employees any of the Companyits affiliated companies, including employment agreements or stock option agreements.