Common use of Noncumulation of Benefits Clause in Contracts

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expressly waives Executive’s rights to such other benefits and any agreement providing such benefits terminates and is superseded on the Effective Date of this Agreement.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, vesting acceleration of any Equity Award vesting or other termination benefits under both this Agreement, Agreement with those provided under any other written agreement with the Company and/or another other plan or policy of the Company. If the Executive has any other binding written agreement or other binding arrangement with the Company that provide provides that upon a change of control Change-in-Control or termination of employment the Executive shall receive change of control, termination, severance or similar benefits, then Executive hereby expressly waives must waive Executive’s rights to such other benefits and any agreement providing such to receive benefits terminates and is superseded on the Effective Date of under this Agreement.

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 provides that upon a change Change of control Control or termination of employment the Executive shall receive change Change of controlControl, termination, severance or similar benefits, then Executive hereby expressly waives Executive’s rights to such other benefits and any agreement providing such to the extent that the payments and/or benefits terminates and is superseded on described in Section 2 have been provided to the Effective Date of this AgreementExecutive.

Noncumulation of Benefits. The Executive may not cumulate cash severance payments, acceleration of Equity Award 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 in control or termination of employment the Executive shall receive change of in control, termination, severance or similar benefits, then then, except as otherwise provided herein, 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 by this Agreement.

Noncumulation of Benefits. The Executive may not cumulate cash severance payments, acceleration of Equity Award stock options vesting or other termination benefits and/or restricted stock vesting under both this Agreement, any other written agreement with the Company and/or Agreement and 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 which provides that upon a change Change of control Control or termination of employment the Executive shall receive change Change of control, termination, severance Control or similar termination benefits, then Executive hereby expressly waives must waive Executive’s rights to such other benefits and any agreement providing such benefits terminates and is superseded on the Effective Date prior to execution of this Agreement.

Noncumulation of Benefits. The Executive may not cumulate cash severance payments, vesting acceleration of any Equity Award vesting or other termination benefits under both this Agreement, Agreement with those provided under any other written agreement with the Company and/or another other plan or policy of the Company. If the Executive has any other binding written agreement or other binding arrangement with the Company that provide provides that upon a change of control Change-in-Control or termination of employment the Executive shall receive change of control, termination, severance or similar benefits, then Executive hereby expressly waives must waive the Executive’s rights to such other benefits and any agreement providing such to receive benefits terminates and is superseded on the Effective Date of under this Agreement.

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, 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, including, for the avoidance of doubt, any Retention Incentive Agreement between the Company and Executive. 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, including, for the avoidance of doubt, any Retention Incentive Agreement between the Company and Executive.

Noncumulation of Benefits. The Executive may not cumulate cash severance payments, acceleration of Equity Award vesting payments 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 provides 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 to the extent that the payments and/or benefits terminates and is superseded on described in Section 2 have been provided to the Effective Date of this AgreementExecutive.

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 in control or termination of employment the Executive shall receive change of in control, termination, severance or similar benefits, then then, except as otherwise provided herein, Executive hereby expressly waives Executive’s rights to such other benefits and any agreement providing such benefits terminates and is superseded by this Agreement on the Effective Date of this Agreement.