Common use of Other Plans and Policies Clause in Contracts

Other Plans and Policies. The termination benefits described in Sections 4.1 through 4.4 are in lieu of any termination benefits that the Executive might otherwise be entitled to receive from the Company under any of the Company’s applicable severance pay policies; provided, however, to the extent the Executive participates in any annual bonus, long-term incentive, equity award, or similar plan or program, the Executive’s rights upon a Termination of Employment under such plans or programs shall be determined under the documents or agreements governing said plans or programs. Except as specified in the preceding paragraph, 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 Affiliates and for which the Executive is eligible, nor shall anything herein limit or otherwise affect such rights as the Executive may have under any agreement entered into after the date hereof with the Company or any of its Affiliates. Subject to the foregoing, amounts which are vested benefits, or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of, or agreement entered into after the date hereof with the Company or any of its Affiliates at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice, program or agreement, except as may be explicitly governed otherwise by this Agreement.

Appears in 11 contracts

Samples: Severance and Change in Control Agreement (Stec, Inc.), Severance and Change in Control Agreement (Stec, Inc.), Severance and Change in Control Agreement (Stec, Inc.)

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