Common use of Pension Plans; Duplicate Benefits Clause in Contracts

Pension Plans; Duplicate Benefits. All payments, benefits and amounts provided under this Agreement shall be in addition to and not in substitution for any pension rights under the Company's tax-qualified pension plan, supplemental retirement plans, nonqualified deferred compensation plans, and any disability, workers' compensation or other Company benefit plan distribution that the Executive is entitled to at his Effective Date of Termination. Notwithstanding the foregoing, this Agreement shall not create an inference that any duplicate payments shall be required. No payments made pursuant to this Agreement shall be considered compensation for purposes of any such benefit plan. Payment of the Executive's accrued and unpaid Base Salary and accrued vacation pay through the Executive's Effective Date of Termination shall be deemed to not duplicate any benefit contemplated by this Agreement and shall not result in an offset pursuant to Section 4.2(e). If the acceleration of vesting, lapse of restrictions and/or payout provisions triggered by a Change in Control as to any award held by the Executive under any long-term incentive plan are more favorable to the Executive as to that award than the provisions of Section 4.3(f), the provisions more favorable to the Executive shall control; provided that if the provisions of such a plan are more favorable to the Executive in the circumstances and the provisions of such plan are deemed to control as to an award, Section 4.3(f) shall not be applied to provide any duplicate benefits or result in any greater vesting as to the award than the provisions of such plan.

Pension Plans; Duplicate Benefits. All payments, benefits and amounts provided under this Agreement shall be in addition to and not in substitution for any pension rights under the Company's ’s tax-qualified pension plan, supplemental retirement plans, nonqualified deferred compensation plans, and any disability, workers' ’ compensation or other Company benefit plan distribution that the Executive is entitled to at his Effective Date of Termination. Notwithstanding the foregoing, this Agreement shall not create an inference that any duplicate payments shall be required. No payments made pursuant to this Agreement shall be considered compensation for purposes of any such benefit plan. Payment of the Executive's ’s accrued and unpaid Base Salary and accrued vacation pay through the Executive's ’s Effective Date of Termination shall be deemed to not duplicate any benefit contemplated by this Agreement and shall not result in an offset pursuant to Section 4.2(e). If the acceleration of vesting, lapse of restrictions and/or payout provisions triggered by a Change in Control as to any award held by the Executive under any long-term incentive plan are more favorable to the Executive as to that award than the provisions of Section 4.3(f), the provisions more favorable to the Executive shall control; provided that if the provisions of such a plan are more favorable to the Executive in the circumstances and the provisions of such plan are deemed to control as to an award, Section 4.3(f) shall not be applied to provide any duplicate benefits or result in any greater vesting as to the award than the provisions of such plan.