Common use of Waiver of Other Benefits; Non-Duplication Clause in Contracts

Waiver of Other Benefits; Non-Duplication. By agreeing to commence participation in the Plan, each Eligible Executive who would otherwise be entitled to receive Executive Change in Control Severance Plan severance or similar benefits in connection with a Termination under another employee benefit plan, employment agreement, offer letter, or other agreement or understanding with the Company agrees to irrevocably waive any such entitlement in full. Such waiver shall be in writing in such form as may reasonably be specified by the Plan Administrator (including in a Participation Agreement) and shall be filed with the Plan Administrator in accordance with such rules and procedures as it may reasonably establish. 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 an Eligible Executive would otherwise be entitled to severance or related benefits under both this Plan and the Retention Plan arising out of the Eligible Executive’s Qualifying Termination. In the event that an Eligible Executive becomes entitled to receive Severance Benefits under this Plan and any such benefits duplicate a benefit that would otherwise be provided under any other plan, program, arrangement or agreement, including without limitation, the Retention Plan, as a result of the Eligible Executive’s Termination (irrespective of whether such Termination constitutes a Qualifying Termination), then the Eligible Executive shall be entitled to receive only the Severance Benefits available under the Plan and in no event shall such Eligible Executive be entitled to receive any duplicative benefits. The Plan Administrator shall determine in its sole and exclusive judgment and discretion whether and in what manner the provisions of this Section 7.3 shall apply.

Waiver of Other Benefits; Non-Duplication. By agreeing to commence participation in the Plan, each Eligible Executive who would otherwise be entitled to receive Executive Change in Control Severance Retention Plan severance severance, retention, or similar benefits in connection with a Termination of Employment under another employee benefit plan, employment agreement, offer letter, or other agreement or understanding with the Company agrees to irrevocably waive any such entitlement in full. Such waiver shall be in writing in such form as may reasonably be specified by the Plan Administrator (including in a Participation Agreement) and shall be filed with the Plan Administrator in accordance with such rules and procedures as it may reasonably establish. The Plan is intended to supersedeNotwithstanding the foregoing, and not to duplicate, the provisions of the Sourcefire, Inc. Executive Retention Plan (“Retention Plan”) in any case in which an Eligible Executive would otherwise be entitled to severance or related benefits under both this Plan and the Retention Plan arising out of the Eligible Executive’s Qualifying Termination. In the event that if an Eligible Executive becomes entitled to receive severance benefits under the Sourcefire, Inc. Executive Change in Control Severance Benefits under this Plan and any such benefits duplicate a benefit that would otherwise be provided under any other plan, program, arrangement or agreement, including without limitation, (the Retention “Executive Plan, ”) as a result of his or her “qualifying termination” (as defined in the Executive Plan), any such waiver shall not preclude the Eligible Executive’s Termination (irrespective of whether Executive from receiving such Termination constitutes a Qualifying Termination)severance benefits thereunder, then but in such event, the Eligible Executive shall be entitled forfeit entitlement to receive only the Severance any Retention Benefits available that might have otherwise been payable under the Plan and in Plan. In no event shall such will any Eligible Executive be entitled to receive any duplicative benefits. The benefits or payments under both the Executive Plan Administrator shall determine in its sole and exclusive judgment and discretion whether and in what manner the provisions this Plan as a result of this Section 7.3 shall applyhis or her Termination of Employment.

Waiver of Other Benefits; Non-Duplication. By agreeing to commence participation in the Plan, each Eligible Executive who would otherwise be entitled to receive Executive Change in Control Severance Plan severance or similar benefits in connection with a Termination under another employee benefit plan, employment agreement, offer letter, or other agreement or understanding with the Company agrees to irrevocably waive any such entitlement in full. Such waiver shall be in writing in such form as may reasonably be specified by the Plan Administrator (including in a Participation Agreement) and shall be filed with the Plan Administrator in accordance with such rules and procedures as it may reasonably establish. 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 an Eligible Executive would otherwise be entitled to severance or related benefits under both this Plan and the Retention Plan arising out of the Eligible Executive’s Qualifying Termination. In the event that an Eligible Executive becomes entitled to receive Severance Benefits under this Plan and any such benefits duplicate a benefit that would otherwise be provided under any other plan, program, arrangement or agreement, including without limitation, the Retention Plan, as a result of the Eligible Executive’s Termination (irrespective of whether such Termination constitutes a Qualifying Termination), then the Eligible Executive shall be entitled to receive only the Severance Benefits available under the Plan and in no event shall such Eligible Executive be entitled to receive any duplicative benefits. The Plan Administrator shall determine in its sole and exclusive judgment and discretion whether and in what manner the provisions of this Section 7.3 shall apply.

Waiver of Other Benefits; Non-Duplication. By agreeing to commence participation in the Plan, each Eligible Executive who would otherwise be entitled to receive Executive Change in Control Severance Plan severance severance, retention, or similar benefits in connection with a Termination of Employment under another employee benefit plan, employment agreement, offer letter, or other agreement or understanding with the Company agrees to irrevocably waive any such entitlement in full. Such waiver shall be in writing in such form as may reasonably be specified by the Plan Administrator (including in a Participation Agreement) and shall be filed with the Plan Administrator in accordance with such rules and procedures as it may reasonably establish. The Plan is intended to supersedeNotwithstanding the foregoing, and not to duplicate, the provisions of the Sourcefire, Inc. Executive Retention Plan (“Retention Plan”) in any case in which an Eligible Executive would otherwise be entitled to severance or related benefits under both this Plan and the Retention Plan arising out of the Eligible Executive’s Qualifying Termination. In the event that if an Eligible Executive becomes entitled to receive severance benefits under the Sourcefire, Inc. Executive Change in Control Severance Benefits under this Plan and any such benefits duplicate a benefit that would otherwise be provided under any other plan, program, arrangement or agreement, including without limitation, (the Retention “Executive Plan, ”) as a result of his or her “qualifying termination” (as defined in the Executive Plan), any such waiver shall not preclude the Eligible Executive’s Termination (irrespective of whether Executive from receiving such Termination constitutes a Qualifying Termination)severance benefits thereunder, then but in such event, the Eligible Executive shall be entitled forfeit entitlement to receive only the Severance any Retention Benefits available that might have otherwise been payable under the Plan and in Plan. In no event shall such will any Eligible Executive be entitled to receive any duplicative benefits. The benefits or payments under both the Executive Plan Administrator shall determine in its sole and exclusive judgment and discretion whether and in what manner the provisions this Plan as a result of this Section 7.3 shall applyhis or her Termination of Employment.