Waiver of Other Benefits; Non-Duplication. As a condition of and in consideration of your becoming eligible to receive the Severance Benefits provided under the terms and conditions of the Plan and this Participation Agreement, you agree to waive any and all rights, benefits, and privileges to severance or similar benefits that you might otherwise be entitled to receive under any other oral or written plan, employment agreement or arrangement (including, without limitation, your existing employment agreement or offer letter). You understand that this waiver is irrevocable, and that this Participation Agreement and the Plan set forth the entire agreement between us with respect to any subject matter covered herein. The Plan is intended to supersede, and not to duplicate, the provisions of the Sourcefire, Inc. Executive Retention Plan (“Retention Plan”) in any case in which you would otherwise be entitled to severance or related benefits under both this Plan and the Retention Plan arising out of your Qualifying Termination. For purposes of clarification, your waiver will not generally preclude you from eligibility to participate in the Retention Plan, but if you become eligible to receive Severance Benefits as a result of your Qualifying Termination, you will forfeit any “retention benefits” you might otherwise be entitled to receive under the Retention Plan. In no event will you be entitled to receive benefits under both the Plan and the Retention Plan as a result of your Termination.
Appears in 2 contracts
Samples: Agreement and General Release (Sourcefire Inc), Agreement and General Release (Sourcefire Inc)
Waiver of Other Benefits; Non-Duplication. As a condition of and in consideration of your becoming eligible to receive the Severance Retention Benefits provided under the terms and conditions of the Plan and this Participation Agreement, you agree to waive any and all rights, benefits, and privileges to severance or similar benefits that you might otherwise be entitled to receive under any other oral or written plan, employment agreement or arrangement (including, without limitation, your existing employment agreement or offer letter). You understand that this waiver is irrevocable, and that this Participation Agreement and the Plan set forth the entire agreement between us with respect to any subject matter covered herein. The Plan is intended to supersedeNotwithstanding the foregoing, and not to duplicate, the provisions of if you are a participant in the Sourcefire, Inc. Executive Retention Change in Control Severance Plan (the “Retention Executive Plan”) in any case in which and you would otherwise be entitled become eligible to receive severance or related benefits under both this Plan and the Retention Plan arising out thereunder as a result of your Qualifying Termination. For purposes of clarification“qualifying termination” (as defined in the Executive Plan), your waiver will not generally preclude you from eligibility to participate in the Retention Planyour receipt of such severance benefits, but if you become eligible to receive Severance Benefits as a result of your Qualifying Termination, you will forfeit any “retention benefits” Retention Benefits you might otherwise be entitled to receive under the Retention PlanPlan as a result of your Termination. In no event will you be entitled to receive benefits under both the Plan and the Retention Executive Plan as a result of your Termination.
Appears in 2 contracts
Samples: Agreement and General Release (Sourcefire Inc), Agreement and General Release (Sourcefire Inc)