Common use of Non-exclusivity of Rights Clause in Contracts

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Appears in 56 contracts

Samples: Employment Agreement (Immunomedics Inc), Employment Agreement (Auxilium Pharmaceuticals Inc), Employment Agreement (Auxilium Pharmaceuticals Inc)

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Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which the Executive may qualify; provided, howevernor shall anything herein limit or otherwise prejudice such rights as the Executive may have under any other agreements with the Company, that if including, but not limited to stock option agreements. Amounts which are vested benefits or which the Executive becomes is otherwise entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the CompanyCompany at or subsequent to the Date of Termination shall be payable in accordance with such plan or program.

Appears in 30 contracts

Samples: Severance Agreement (Goodys Family Clothing Inc /Tn), Employment Agreement (Goodys Family Clothing Inc /Tn), Severance Agreement (Goodys Family Clothing Inc /Tn)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by Company or any member of the Company Group and for which Executive may qualify; provided, however, that if nor shall anything herein limit or otherwise adversely affect such rights as Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments may have under any severance plan stock option or similar program applicable to all employees other agreements with Company or any member of the CompanyCompany Group.

Appears in 21 contracts

Samples: Executive Employment Agreement (KLX Energy Services Holdings, Inc.), Executive Employment Agreement (KLX Energy Services Holdings, Inc.), Executive Employment Agreement (Quintana Energy Services Inc.)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives all of the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s 's right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Appears in 17 contracts

Samples: Employment Agreement (Northeast Utilities), Employment Agreement (Northeast Utilities), Employment Agreement (Connecticut Light & Power Co)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 2.1(c) of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Appears in 15 contracts

Samples: Employment Agreement (RAIT Financial Trust), Employment Agreement (Independence Realty Trust, Inc), Employment Agreement (RAIT Financial Trust)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments Severance or Change of Control Severance provided for in Section 2 3 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable that would otherwise apply to all employees of the CompanyExecutive.

Appears in 8 contracts

Samples: Executive Employment Agreement (Zeta Global Holdings Corp.), Executive Employment Agreement (Immunomedics Inc), Executive Employment Agreement (Zeta Global Holdings Corp.)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company or any of its subsidiary companies and for which the Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Appears in 7 contracts

Samples: Agreement (Venator Group Inc), 6 Agreement (Venator Group Inc), Exhibit 10 Agreement (Woolworth Corporation)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefitplan, bonuspractice, incentive or other plan policy or program provided by the Company and for which Executive may qualify; provided, however, that if nor shall anything in this Agreement limit or otherwise affect any rights Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments may have under any severance plan contract or similar program applicable to all employees of agreement with the Company.

Appears in 7 contracts

Samples: Retention Agreement (Electrameccanica Vehicles Corp.), Retention Agreement (Electrameccanica Vehicles Corp.), Retention Agreement (Office Depot Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company Company, or any of its Subsidiaries or Affiliates, and for which the Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Appears in 7 contracts

Samples: Agreement (Philadelphia Suburban Corp), Agreement (Philadelphia Suburban Corp), Agreement (Philadelphia Suburban Corp)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s 's right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Appears in 6 contracts

Samples: Employment Agreement (NxStage Medical, Inc.), Employment Agreement (NxStage Medical, Inc.), Employment Agreement (NxStage Medical, Inc.)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 and 3 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Appears in 6 contracts

Samples: Employment Agreement (First Potomac Realty Trust), Employment Agreement (First Potomac Realty Trust), Employment Agreement (First Potomac Realty Trust)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 2.1(b) or (c) of this Agreement, Executive hereby waives Executive’s 's right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Appears in 6 contracts

Samples: Employment Agreement (Atlas America Inc), Employment Agreement (Rait Investment Trust), Employment Agreement (Atlas America Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company or any affiliate and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives all of the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s his right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Appears in 5 contracts

Samples: Executive Employment Agreement (Medical Nutrition Usa Inc), Executive Employment Agreement (Gender Sciences Inc), Executive Employment Agreement (Medical Nutrition Usa Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company or any affiliate and for which the Executive may qualify; provided, however, that if the Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, the Executive hereby waives Executive’s his right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Appears in 5 contracts

Samples: Employment Agreement (Entravision Communications Corp), Employment Agreement (Entravision Communications Corp), Employment Agreement (Entravision Communications Corp)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 3 of this Agreement, Executive hereby waives Executive’s 's right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Appears in 4 contracts

Samples: Employment Agreement (Med-Design Corp), Employment Agreement (Med-Design Corp), Employment Agreement (Med-Design Corp)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company SunGard, as applicable, and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 2.1(b) of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program policy applicable to all employees of the CompanySunGard, as applicable.

Appears in 4 contracts

Samples: Executive Employment Agreement (Sungard Data Systems Inc), Executive Employment Agreement (Sungard Data Systems Inc), Executive Employment Agreement (Sungard Data Systems Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 2.1(b) or (c) of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Appears in 4 contracts

Samples: Employment Agreement (Bancorp, Inc.), Employment Agreement (RAIT Financial Trust), Employment Agreement (RAIT Financial Trust)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive’s continuing or future participation in or rights under any benefit, bonus, incentive incentive, or other plan or program provided by the Company and for which the Executive may qualify; provided, however, that if the Executive becomes entitled to and receives the payments provided for in Section 2 Sections 2.1(b) or 2.1(c) of this Agreement, the Executive hereby waives the Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Appears in 4 contracts

Samples: Employment Agreement (Atlas Resource Partners, L.P.), Employment Agreement (Atlas Resource Partners, L.P.), Employment Agreement (Titan Energy, LLC)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company or any affiliate and for which the Executive may qualify; provided, however, that if the Executive becomes entitled to and receives all of the payments provided for in Section 2 of this Agreement, the Executive hereby waives Executive’s his right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Appears in 4 contracts

Samples: Employment Agreement (Entravision Communications Corp), Employment Agreement (Entravision Communications Corp), Employment Agreement (Atwood Minerals & Mining CORP.)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company or any of its Subsidiaries or Affiliates and for which the Executive may qualify; provided, however, that if Executive becomes entitled with respect to and receives a Qualifying Termination, the payments provided for in Section 2 of this Agreement, Executive hereby waives the Executive’s right to receive any payments under any severance pay plan or similar program applicable to all other employees of the Company, and agrees to accept the payment provided in Section 3 hereof in lieu of any other severance pay plan or similar program.

Appears in 4 contracts

Samples: Agreement (Radian Group Inc), Amended and Restated Agreement (Radian Group Inc), Agreement (Radian Group Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company Company, Parent or any affiliate of either of the foregoing and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives all of the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s his right to receive payments under any severance plan or similar program applicable to all employees of the Parent or Company.

Appears in 3 contracts

Samples: Executive Employment Agreement (Mso Holdings Inc), Executive Employment Agreement (Mso Holdings Inc), Executive Employment Agreement (Mso Holdings Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company Employer and for which Executive may qualify; provided, howevernor shall anything herein limit or reduce such rights as Executive may have under any other agreements with Employer, that if Executive becomes entitled to and receives the payments other than as provided for in Section 2 of this Agreement, 8 herein. Amounts which are vested benefits or which Executive hereby waives Executive’s right is otherwise entitled to receive payments under any severance plan or similar program applicable to all employees of the Companyshall be payable in accordance with such plan or program.

Appears in 3 contracts

Samples: Retention and Severance Agreement (LG&E & KU Energy LLC), Retention and Severance Agreement (LG&E & KU Energy LLC), Retention and Severance Agreement (LG&E & KU Energy LLC)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company Company, or any of its Subsidiaries, and for which the Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments under any other than severance plan or similar program applicable to all employees of the Companybenefits.

Appears in 3 contracts

Samples: Termination and Change of Control Agreement (Ametek Inc/), Termination and Change of Control Agreement (Ametek Inc/), Termination and Change of Control Agreement (Ametek Inc/)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 or 3 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Appears in 3 contracts

Samples: Employment Agreement (Capital Lodging), Employment Agreement (Capital Lodging), Employment Agreement (Capital Lodging)

Non-exclusivity of Rights. Nothing in this Agreement shall prejudice, prevent or limit the Executive’s previously vested rights under, or continuing or future participation in or rights under in, any benefit, bonus, incentive incentive, equity or other plan or program provided by the Company and for which the Executive may qualify; provided, however, that if nor shall anything herein limit or otherwise prejudice such rights as the Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments may have under any severance other currently existing plan or similar program applicable to all employees of agreement regarding severance from employment with the CompanyCompany or statutory entitlements.

Appears in 3 contracts

Samples: Employment Agreement (Computer Horizons Corp), Employment Agreement (Computer Horizons Corp), Employment Agreement (Computer Horizons Corp)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company SunGard or Employer, as applicable, and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 2.1(b) of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program policy applicable to all employees of the CompanySunGard or Employer, as applicable.

Appears in 3 contracts

Samples: Executive Employment Agreement (Sungard Data Systems Inc), Executive Employment Agreement (Sungard Data Systems Inc), Executive Employment Agreement (Sungard Data Systems Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives all of the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s 's right to receive payments under any severance plan or similar program applicable to all employees of the Company.. 6.5

Appears in 2 contracts

Samples: Employment Agreement (Concord Efs Inc), Employment Agreement (Concord Efs Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which the Executive may qualify; provided, however, that if nor shall anything herein limit or reduce such rights as the Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments may have under any severance plan or similar program applicable to all employees of other agreements with the Company.

Appears in 2 contracts

Samples: Retention Agreement (Diamond Offshore Drilling, Inc.), Executive Retention Agreement (Diamond Offshore Drilling, Inc.)

Non-exclusivity of Rights. Nothing in this the Agreement shall prevent or limit the Executive’s continuing or future participation in in, or rights under entitlements under, any benefit, bonus, incentive or other plan or program provided by of the Company and for which Executive may qualify; provided, however, that if nor shall anything herein limit or reduce such rights as the Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments may have under any severance plan other agreement with the Company. In the event of any conflict between the terms and conditions hereof and those of any plan, program or similar program applicable to all employees arrangement of the CompanyCompany in which the Executive participates, the terms and conditions more favorable to the Executive shall prevail.

Appears in 2 contracts

Samples: Employment Agreement (Childrens Place Retail Stores Inc), Employment Agreement (Childrens Place Retail Stores Inc)

Non-exclusivity of Rights. Nothing Except as otherwise specifically provided in this Agreement, nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in any plan, program, policy or rights under any benefit, bonus, incentive or other plan or program practice provided by the Company and for which Executive may qualify; provided, however, that if nor shall anything herein limit or otherwise negatively affect such rights as Executive becomes entitled to and receives may have under any contract or agreement with the payments provided for in Section 2 Company or any of its affiliated companies. Notwithstanding any other provision of this Agreement, Executive hereby waives Executive’s right shall not be entitled to receive any payments or benefits under any severance plan program other than those which are described and anticipated under this Agreement or similar program applicable to all employees of under the CompanyExecutive Change in Control Agreement.

Appears in 2 contracts

Samples: Severance Rights Agreement (Janus Capital Group Inc), Severance Rights Agreement (Janus Capital Group Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s 's continuing or future eligibility or participation in or rights under any benefitbenefits, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if nor shall anything herein limit or otherwise affect such rights as Executive becomes may have under any stock option or other agreements with the Company. Amounts which are vested benefits or which Executive is otherwise entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the CompanyCompany subsequent to the Date of Termination shall be payable in accordance with such plan or program.

Appears in 2 contracts

Samples: Change in Control Agreement (Collins & Aikman Corp), Change in Control Agreement (Collins & Aikman Corp)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or any rights under of Executive to receive any benefitbenefits, bonus, incentive or other plan or program payment provided by the Company and to its salaried employees prior to the date hereof, except for such rights as Executive may have specifically waived in writing. Amounts which are vested benefits or which Executive may qualify; provided, however, that if Executive becomes is otherwise entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the CompanyCompany shall be payable in accordance with the terms of such plan or program.

Appears in 2 contracts

Samples: Employment Agreement (Probex Corp), Employment Agreement (Probex Corp)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company Employer and for which Executive may qualify; provided, howevernor shall anything herein limit or reduce such rights as Executive may have under any other agreements with Parent or Employer, that if Executive becomes entitled to and receives the payments other than as provided for in Section 2 of this Agreement, 12 herein. Amounts which are vested benefits or which Executive hereby waives Executive’s right is otherwise entitled to receive payments under any severance plan or similar program applicable to all employees of the Companyshall be payable in accordance with such plan or program.

Appears in 2 contracts

Samples: Employment and Severance Agreement (LG&E & KU Energy LLC), Employment and Severance Agreement (PPL Energy Supply LLC)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company Company, or any of its Subsidiaries, and for which the Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments under any other than severance plan or similar program applicable to all employees of the Companybenefits.

Appears in 2 contracts

Samples: Termination and Change of Control Agreement (Ametek Inc/), Termination and Change of Control Agreement (Ametek Inc/)

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Non-exclusivity of Rights. Nothing in this Agreement shall prevent or ------------------------- limit Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company or any affiliate and for which Executive executive may qualify; provided, however, that if Executive becomes entitled to and receives all of the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s his right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Appears in 2 contracts

Samples: Indemnification Agreement (Entravision Communications Corp), Indemnification Agreement (Entravision Communications Corp)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives all of the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s his right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Appears in 2 contracts

Samples: Employment Agreement (North Atlantic Energy Corp /Nh), Employment Agreement (North Atlantic Energy Corp /Nh)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, #56956674 v6 that if Executive becomes entitled to and receives the payments provided for in Section 2 2.1(c) of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Appears in 1 contract

Samples: Employment Agreement (Independence Realty Trust, Inc.)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives qualify in the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees sole discretion of the CompanyBoard or any applicable committee thereof.

Appears in 1 contract

Samples: Employment Agreement (Encore Medical Corp)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or ------------------------- limit Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s 's right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Appears in 1 contract

Samples: Employment Agreement (Immunomedics Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prejudice, prevent or limit the Executive’s 's previously vested rights under, or continuing or future participation in or rights under in, any benefit, bonus, incentive incentive, equity or other plan or program provided by the Company and for which the Executive may qualify; provided, however, that if nor shall anything herein limit or otherwise prejudice such rights as the Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments may have under any severance other currently existing plan or similar program applicable to all employees of agreement regarding severance from employment with the CompanyCompany or statutory entitlements.

Appears in 1 contract

Samples: Employment Agreement (Computer Horizons Corp)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent ------------------------- or limit Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives all of the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s 's right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Appears in 1 contract

Samples: Employment Agreement (Fore Systems Inc /De/)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive’s 's continuing or future participation in or rights under any nay benefit, bonus, incentive or other plan or program provided by the Company and for which the Executive may qualify; provided, however, that if nor shall anything herein limit or otherwise affect such rights as the Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments may have under any severance plan stock option or similar program applicable to all employees other agreements with the Company or any of the Companyits affiliated companies.

Appears in 1 contract

Samples: Employment Agreement (Midway Airlines Corp)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 2.1(b) of this Agreement, Executive hereby waives Executive’s 's right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Appears in 1 contract

Samples: Employment Agreement (Gurunet Corp)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive ifExecutive becomes entitled to and receives the payments Severance or Change of Control Severance provided for in Section 2 3 of this Agreement, Executive hereby waives Executive’s 's right to receive payments under any severance plan or similar program applicable that would otherwise apply to all employees of the CompanyExecutive. 5.

Appears in 1 contract

Samples: Executive Employment Agreement (Immunomedics Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments Severance or Change of Control Severance provided for in Section 2 3 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable that would otherwise apply to all employees of the CompanyExecutive.

Appears in 1 contract

Samples: Executive Employment Agreement (Immunomedics Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if of Executive becomes entitled to and receives the payments Severance or Change of Control Severance provided for in Section 2 3 of this Agreement, Executive hereby waives Executive’s 's right to receive payments under any severance plan or similar program applicable that would otherwise apply to all employees of the CompanyExecutive.

Appears in 1 contract

Samples: Executive Employment Agreement (Immunomedics Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives the any payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s 's right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Appears in 1 contract

Samples: Executive Employment Agreement (Immunomedics Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company or any of its Subsidiaries or Affiliates and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives from the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of date hereof through the CompanyTermination Date.

Appears in 1 contract

Samples: Change of Control Agreement (York Water Co)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive ifExecutive becomes entitled to and receives the payments Severance or Change of Control Severance provided for in Section 2 3 of this Agreement, Executive hereby waives Executive’s 's right to receive payments under any severance plan or similar program applicable that would otherwise apply to all employees of the CompanyExecutive.

Appears in 1 contract

Samples: Executive Employment Agreement (Immunomedics Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.Section

Appears in 1 contract

Samples: Employment Agreement (Auxilium Pharmaceuticals Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, #56963029 v4 that if Executive becomes entitled to and receives the payments provided for in Section 2 2.1(c) of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Appears in 1 contract

Samples: Employment Agreement (Independence Realty Trust, Inc.)

Non-exclusivity of Rights. Nothing Other than as specifically stated in this Agreement, nothing in this Agreement shall prevent or limit Executive’s continuing or future participation 's right to participate in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if nor shall anything herein limit or reduce such rights as Executive becomes may have under any agreements with the Company. Amounts which are vested benefits or which Executive is otherwise entitled to and receives receive under any plan or program of the payments provided for Company shall be payable in Section 2 of accordance with such plan or program, except as explicitly modified by this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Appears in 1 contract

Samples: Incentive Bonus Agreement (Metromedia International Group Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company and for which Executive may qualify; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 2.1(c) of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.

Appears in 1 contract

Samples: Employment Agreement (RAIT Financial Trust)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit the Executive’s 's continuing or future participation in or rights under any benefit, bonus, incentive or other plan or program provided by the Company (except for any severance or termination policies, plans, programs or practices) and for which the Executive may qualify; provided, however, that if nor shall anything herein limit or reduce such rights as the Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments may have under any other agreements with the Company (except for any severance plan or similar program applicable to all employees of the Companytermination agreement).

Appears in 1 contract

Samples: Change of Control Agreement (Remington Products Co LLC)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent prevent, limit or limit Executive’s continuing or future participation in or otherwise affect such rights as the Executive may have under any benefit, bonus, incentive other agreements with the Company. Amounts which are vested benefits or other which the Executive is otherwise entitled to receive under any plans or programs of the Company at or subsequent to the Executive's date of termination shall be payable in accordance with such plan or program provided by the Company and for which Executive may qualifyprogram; provided, however, that if Executive becomes entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan or similar program applicable to all employees of the Company.that

Appears in 1 contract

Samples: Employment Agreement (Westpoint Stevens Inc)

Non-exclusivity of Rights. Nothing in this Agreement shall prevent or limit Executive’s 's continuing or future participation in any plan, program, policy or rights under any benefit, bonus, incentive or other plan or program practice provided by the Company and for which Executive may qualify; provided, however, nor shall anything herein limit or otherwise affect such rights as Executive may have under any other contract or agreement with the Company. Amounts that if are vested benefits or that Executive becomes is otherwise entitled to and receives the payments provided for in Section 2 of this Agreement, Executive hereby waives Executive’s right to receive payments under any severance plan plan, policy, practice or similar program applicable to all employees of the Company.or any contract or

Appears in 1 contract

Samples: Employment Agreement (American Capital Strategies LTD)

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