Other Severance Benefits. Executive hereby agrees that in consideration for the payments to be received under Section 7(b) of this Agreement, Executive waives any and all rights to any payments or benefits under any severance plans or arrangements of the Company or their respective affiliates that specifically provide for severance payments, other than the Change in Control Severance Agreement between the Company and Executive (the “Change in Control Severance Agreement”); provided that any payments payable to Executive under Section 7(b) hereof shall be offset by any payments payable under the Change in Control Severance Agreement.
Other Severance Benefits. The severance pay and benefits provided for in Section 6(e) shall be in lieu of any other severance or termination pay to which the Executive may be entitled under any Company severance or termination plan, program, practice or arrangement. The Executive's entitlement to any other compensation or benefits shall be determined in accordance with the Company's employee benefit plans and other applicable programs, policies and practices then in effect.
Other Severance Benefits. Executive hereby agrees that in --------------------------- consideration for the payments to be received under this Agreement, Executive waives any and all rights to any payments or benefits under any plans, programs, policies, contracts or arrangements of Parent, the Company or their respective affiliates that provide for severance payments or benefits upon a termination of employment.
Other Severance Benefits. In the event Executive is entitled to a Termination Payment under section 2.4, he shall also be entitled to the following benefits and other rights:
(a) Accrued but unpaid Annual Base Salary through the date that Executive's employment terminates, which the Parent shall pay or cause the Company to pay no later than the Payment Date (as defined in section 2.4);
(b) Payment of a Bonus for the fiscal year in which Executive's employment terminates, pro rated based on the number of days of such year prior to the date of Executive's termination, with such Bonus being calculated as a pro rated portion of the "target" Bonus projected for Executive for that year (determined without regard to any reduction that results in Executive's termination with Good Reason), which the Parent shall pay or cause the Company to pay no later than the Payment Date;
(c) Payment of any unpaid Bonus for any fiscal year prior to the year in which Executive's employment terminates with any discretionary portion of the Bonus being paid at "target" levels or higher for such year and any non-discretionary portion of the Bonus being paid based on actual levels of corporate achievement (each determined without regard to any reduction that results in Executive's termination with Good Reason), which the Parent shall pay or cause the Company to pay no later than the Payment Date;
(d) Forgiveness of all loans made to Executive by the Company or the Parent and outstanding as of the date of Executive's termination of employment with the Company (other than the loan deemed made by the Company to Executive in accordance with the last sentence of section 2.4 or section 3.3);
(e) Accelerated vesting, settlement, or exercisability of (i) awards outstanding under the Parent's 1994 Stock Incentive Plan; (ii) compensatory awards granted with respect to the Parent's capital stock under any other plan or outside of a plan (in each case, including without limitation restricted stock awards, performance shares and stock options); (iii) Executive's balance under the Parent's Deferred Compensation Plan; and (iv) benefits under any other non-tax-qualified plan of the Company or the Parent in which a portion of an award or benefit would be lost through termination of employment; provided that, in each case, such acceleration shall occur as of the date of Executive's termination of employment (if such acceleration has not previously occurred);
(f) A payment equal to the portion of Executive's account balance unde...
Other Severance Benefits. The Severance Benefit payable to Executive pursuant to this subparagraph 6(d) shall be reduced by any severance benefits to which Executive is entitled under the Company's severance policies for terminated employees generally or any termination payments otherwise payable under this Agreement.
Other Severance Benefits. Except as otherwise provided in this Agreement, the Executive shall not be entitled to any form of severance benefits, including benefits otherwise payable under any of the Corporation's regular severance plans or policies, irrespective of the circumstances of his termination of employment. The Executive agrees that the payments and benefit provided hereunder, subject to the terms and conditions hereof, shall be in full satisfaction of any rights which he might otherwise have or claim by operation of law, by implied contract or otherwise, except for rights which he may have under employee benefit plans of the Corporation or individual written contracts with the Corporation.
Other Severance Benefits. In addition to the severance payment provided under Section 4 hereof, the Executive shall be entitled to the following benefits and other rights in the event of his Covered Termination:
Other Severance Benefits. In consideration for the payments to be made to the Employee under the Agreement, the Employee agrees to waive any and all rights to any payments or benefits under any other severance plan, program or arrangement of the Company Group, except where such waiver would result in an impermissible substitution of benefits under Section 409A or any guidance issued thereunder.
Other Severance Benefits. Nothing in this Agreement shall affect the right of the Executive to receive any severance benefits pursuant to any other Company severance plan including, without limitation, the Aradigm Corporation Executive Officer Severance Benefit Plan; provided, however, that if the Executive actually receives benefits under this Agreement, he shall not be entitled to receive any other severance benefits of any kind (except for the accelerated vesting set forth in Section 2.1(e) above) pursuant to any other severance benefit plan of the Company (including, without limitation, the Aradigm Corporation Executive Officer Severance Benefit Plan). The Executive acknowledges and agrees that any prior agreement between the Executive and the Company providing for or relating to severance benefits in connection with a Change of Control (as defined herein or therein), except for those contained in the Executive’s stock option agreements with the Company, are hereby expressly superseded and replaced in their entirety by this Agreement and shall have no further force or effect
Other Severance Benefits. Executive hereby agrees that in consideration for the payments to be received under this Agreement, Executive waives any and all rights to any payments or benefits under any plans, programs, contracts or arrangements of the Company or their respective affiliates that provide for severance payments or benefits upon a termination of employment.
