Common use of Waiver of Certain Other Rights Clause in Contracts

Waiver of Certain Other Rights. To the extent that Executive shall have received severance payments or other severance benefits under any other Plan or agreement of the Company prior to receiving severance payments or other severance benefits pursuant to Article IV, the severance payments and other severance benefits under such other Plan or agreement shall reduce (but not below zero) the corresponding severance payments or other severance benefits to which Executive shall be entitled under Article IV. To the extent that Executive receives payments or other benefits pursuant to Article IV, Executive hereby waives the right to receive a corresponding amount of future severance payments or other severance benefits under any other Plan or agreement of the Company. To the extent that Executive receives payments pursuant to Section 4.1(b), Executive hereby waives the right to receive payments or other benefits under any Non-Qualified Plan that have accrued as of the Termination Date. To the extent that Executive received payments or other benefits pursuant to Section 4.1(a)(ii) or (iii), Executive hereby waives the right to receive any Annual Bonus or LTIP Bonus payments with respect to the Annual Performance Period or LTIP Performance Periods in effect as of the Termination Date.

Waiver of Certain Other Rights. To the extent that Executive shall have received severance payments or other severance benefits under any other Plan or agreement of the Company prior to receiving severance payments or other severance benefits pursuant to Article IV, the severance payments and other severance benefits under such other Plan or agreement shall reduce (but not below zero) the corresponding severance payments or other severance benefits to which Executive shall be entitled under Article IV. To the extent that Executive receives payments or other benefits pursuant to Article IV, Executive hereby waives the right to receive a corresponding amount of future severance payments or other severance benefits under any other Plan or agreement of the Company. To the extent that Executive receives payments pursuant to Section 4.1(b), Executive hereby waives the right to receive payments or other benefits under any Non-Qualified Plan that have accrued as of the Termination Date. To the extent that Executive received payments or other benefits pursuant to Section 4.1(a)(ii) or (iii), Executive hereby waives the right to receive any Annual Bonus or LTIP Bonus payments with respect to the Annual Performance Period or of LTIP Performance Periods in effect as of the Termination Date.