Common use of Certain Rights Mutually Exclusive Clause in Contracts

Certain Rights Mutually Exclusive. The provisions of Section 8(c) and Section 8(d) are mutually exclusive, provided, however, that if within one year following commencement of an 8(c) payout there shall be a Change in Control as defined in Section 8(d)(i), then the Executive shall be entitled to the amounts and benefits payable to the Executive under Section 8(d)(ii) and Section 8(d)(iii) reduced by the amount that the Executive has received under Section 8(c) up to the date of the Change in Control. The triggering of the payment and benefit requirements of Section 8(d) shall cause the provisions of Section 8(c) to become inoperative.

Certain Rights Mutually Exclusive. The provisions of Section 8(c) and Section 8(d) are mutually exclusive, provided, however, that if within one year following commencement of an 8(c) payout there shall be a Change in Control as defined in Section 8(d)(i), then the Executive shall be entitled to the amounts and benefits payable to the Executive under Section 8(d)(ii) and Section 8(d)(iii) reduced by the amount that the Executive has received under Section 8(c) up to the date of the Change in Control. The triggering of the payment and benefit requirements of Section 8(d) shall cause the provisions of Section 8(c) to become inoperative.

Certain Rights Mutually Exclusive. The provisions of Section 8(c) and Section 8(d) are mutually exclusive, provided, however, that if within one year following commencement of an 8(c) payout there shall be a Change in Control as defined in Section 8(d)(i), then the Executive shall be entitled to the amounts and benefits payable to the Executive under Section 8(d)(ii) and Section 8(d)(iii) reduced by the amount that the Executive has received under Section 8(c) up to the date of the Change in Control). The triggering of the payment and benefit requirements of Section 8(d) shall cause the provisions of Section 8(c) to become inoperative.

Certain Rights Mutually Exclusive. The provisions of Section 8(c) and Section 8(d) are mutually exclusive, provided, however, that if within one year following commencement of an 8(c) payout there shall be a Change in Control as defined in Section 8(d)(i), then the Executive shall be entitled to the amounts and benefits payable to the Executive under Section 8(d)(ii) and Section 8(d)(iii) reduced by the amount that the Executive has received under Section 8(c) up to the date of the Change in Control. The triggering of the payment and benefit requirements of Section 8(d) shall cause the provisions of Section 8(c) to become inoperative.