Common use of Nonduplication of Benefits Clause in Contracts

Nonduplication of Benefits. The Employee may not accumulate cash severance payments, and/or equity vesting under both this Agreement and another plan or policy of the Company. If the Employee has any other binding written agreement with the Company which provides that upon a termination of employment or change of control the Employee shall receive termination or change of control benefits, then the Employee’s execution of this Agreement is a complete and unconditional waiver of such rights to such benefits. If the Employee is entitled to any payments or benefits by operation of a statute or government regulations, any severance payable pursuant to this Agreement will be reduced by such payments or benefits.

Appears in 6 contracts

Samples: Change of Control and Retention Agreement (McAfee, Inc.), Change of Control and Retention Agreement (McAfee, Inc.), Change of Control and Retention Agreement (McAfee, Inc.)

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