Noncumulation of Benefits. The Executive may not cumulate cash severance payments, acceleration of Equity Award vesting or other termination benefits under both this Agreement, any other written agreement with the Company and/or another plan or policy of the Company. If the Executive has any other binding written agreement or other binding arrangement with the Company that provide that upon a change of control or termination of employment the Executive shall receive change of control, termination, severance or similar benefits, then Executive hereby expressly waives Executive’s rights to such other benefits and any agreement providing such benefits terminates and is superseded on the Effective Date of this Agreement.
Noncumulation of Benefits. The Executive may not cumulate cash severance payments, stock option vesting and exercisability and restricted stock vesting under this Agreement, any other written agreement with the Company and/or another plan or policy of the Company. If the Executive has any other binding written agreement with the Company which provides that, upon a Change of Control or Termination Upon a Change of Control or Involuntary Termination, the Executive shall receive termination, severance or similar benefits, then no benefits shall be received by Executive under this Agreement unless, prior to payment or receipt of benefits under this Agreement, the Executive waives Executive’s rights to all such other benefits, in which case this Agreement shall supersede any such written agreement with respect to such other benefits.
Noncumulation of Benefits. Employee may not cumulate cash severance payments under both this Agreement and another agreement. If Employee has any other binding written agreement with Employer which provides that, upon a Change in Control or termination of employment, Employee shall receive one or more of the benefits described in Sections 6 of this Agreement (i.e., the payment of cash compensation), then with respect to those benefits the aggregate amounts payable under this Agreement shall be reduced by the amounts paid or payable under such other agreements.
Noncumulation of Benefits. The Employee may not cumulate cash severance payments, stock option vesting and exercisability and restricted stock vesting under this Agreement, any other written agreement with the Company and/or another plan or policy of the Company. If the Employee has any other binding written agreement with the Company which provides that upon a Change of Control or a termination following a Change of Control the Employee shall receive termination, severance or similar benefits, then no benefits shall be received by Employee under this Agreement unless prior to payment or receipt of benefits under this Agreement the Employee waives Employee’s rights to all such other benefits, in which case this Agreement shall supersede any such written agreement with respect to such other benefits.
Noncumulation of Benefits. This Agreement shall be the exclusive agreement for the determination of any payments and benefits due to Executive upon the events described in Sections 3 and 5, except for those payments and benefits due to Executive pursuant to any Excluded Agreement. The total amount of payments and benefits that may be received by Executive as a result of the events described in Sections 3 and 5 pursuant to (a) this Agreement, (b) any other agreement between Executive and the Company (other than any Excluded Agreement) or (c) any other plan, practice or statutory obligation of the Company, shall not exceed the amount of payments and benefits provided by this Agreement upon such events (plus any payments and benefits provided pursuant to a Prior Indemnity Agreement, as described in Section 5.5(a)), and the aggregate amounts payable under this Agreement shall be reduced to the extent of any excess (but not below zero).
Noncumulation of Benefits. The Executive may not cumulate cash severance payments, stock option vesting and exercisability and restricted stock vesting under this Agreement, any other written agreement with the Company and/or another plan or policy of the Company.
Noncumulation of Benefits. Executive may not cumulate cash ------------------------- severance payments and stock option acceleration benefits under both this Agreement and another agreement. If Executive has any other binding written agreement with the Company which provides that, upon a Change in Control or termination of employment, Executive shall receive one or more of the benefits described in Sections 2 and 3 of this Agreement (i.e., the payment of cash compensation or acceleration of vesting of stock options), then with respect to those benefits the aggregate amounts payable under this Agreement shall be reduced by the amounts paid or payable under such other agreements.
Noncumulation of Benefits. Except as expressly provided in a written, fully executed agreement between a Participant and the Company which is entered into after the date of such Participant's Participation Agreement and which is approved by the Board or the Committee, the total amount of payments and benefits that may be received by such Participant as a result of events giving rise to a Qualifying Termination pursuant to (a) the Plan, (b) any agreement between such Participant and a Group Company, or (c) any other plan, practice, or statutory obligation of a Group Company, shall not exceed the amount of payments and benefits provided by the Plan upon such events. To the extent that a Participant shall have received severance payments or other severance benefits under any other plan or agreement of any Group Company before receiving severance payments or other severance benefits pursuant to this Plan, the severance payments or other severance benefits under such other plan or agreement shall reduce (but not below zero) the corresponding severance payments or other severance benefits to which such Participant shall be entitled under this Plan. To the extent that a Participant accepts payments made pursuant to this Plan, such Participant shall be deemed to have waived his or her right to receive a corresponding amount of future severance payments or other severance benefits under any other plan or agreement of the Company Group. Payments and benefits provided under the Plan shall be in lieu of any termination or severance payments or benefits for which the Participant may be eligible under any of the plans or policy of the Company Group or under the Worker Adjustment Retraining Notification Act of 1988 or any similar statute or regulation.
Noncumulation of Benefits. Officer may not cumulate cash severance payments, stock option acceleration and excise tax adjustment or reimbursement benefits under both this Agreement and another agreement. If Officer has any other binding written agreement with the Company which provides that after a Change of Control or termination of employment the Officer shall receive one or more of the benefits described in sections 2.2, 2.5 and 3 of this Agreement (i.e., the payment of cash compensation or prorated bonus, post-termination consulting and adjustments or payments relating to federal excise tax), then with respect to each such benefit the amount payable under this Agreement shall be reduced by the corresponding amount paid or payable under such other agreements.
Noncumulation of Benefits. Except as expressly provided in a written agreement between a Participant and the Company entered into after the date of such Participant’s Participation Agreement and which expressly disclaims this Section 8.2 and is approved by the Board or the Committee, the total amount of payments and benefits that may be received by the Participant as a result of the events described in Sections 4, 5 and 6 shall not exceed the payments and benefits contemplated under this Plan (plus any payments and benefits provided pursuant to an agreement evidencing an Equity Award or a Prior Indemnity Agreement).”
