Common use of NON-TERMINATION OF EMPLOYMENT Clause in Contracts

NON-TERMINATION OF EMPLOYMENT. NO THIRD-PARTY BENEFICIARIES. No provision of this Agreement shall be construed to create any right, or accelerate entitlement, to any compensation or benefit whatsoever on the part of any Convergys Individual or other future, present or former employee of any CBI Entity or Convergys Entity under any CBI Plan or Convergys Plan or otherwise. Without limiting the generality of the foregoing: (i) neither the Distribution nor the termination of the participating company status of a Convergys Entity shall cause any employee to be deemed to have incurred a termination of employment which entitles such individual to the commencement of benefits under any of the CBI Plans (other than the CBI ESOP), any of the Convergys Plans, or any of the Individual Agreements; and (ii) except as expressly provided in this Agreement, nothing in this Agreement shall preclude Convergys, at any time after the Distribution Date, from amending, merging, modifying, terminating, eliminating, reducing, or otherwise altering in any respect any Convergys Plan, any benefit under any Convergys Plan or any trust, insurance policy or funding vehicle related to any Convergys Plan.

NON-TERMINATION OF EMPLOYMENT. NO THIRD-PARTY BENEFICIARIES. No provision of this Agreement or the Separation and Distribution Agreement shall be construed to create any right, or accelerate entitlement, to any compensation or benefit whatsoever on the part of any Convergys Agere Individual or Transferred Individual or other future, present or former employee of any CBI Entity Lucent, a Lucent Entity, Agere, or Convergys an Agere Entity under any CBI Lucent Plan or Convergys Agere Plan or otherwise. Without limiting the generality of the foregoing: (i) neither the IPO, the Distribution nor the termination of the participating company Participating Company status of a Convergys Agere or an Agere Entity shall cause any employee to be deemed to have incurred a termination of employment or layoff which entitles such individual to the commencement of benefits under any of the CBI Plans (other than the CBI ESOP)Lucent Plans, any of the Convergys Agere Plans, or any of the Individual Agreements; and (ii) except as expressly provided in this Agreement, nothing in this Agreement shall preclude ConvergysAgere, at any time after the Close of the Distribution Date, from amending, merging, modifying, terminating, eliminating, reducing, or otherwise altering in any respect any Convergys Agere Plan, any benefit under any Convergys Plan or any trust, insurance policy or funding vehicle related to any Convergys Agere Plan.

NON-TERMINATION OF EMPLOYMENT. NO THIRD-PARTY BENEFICIARIES. BENEFICIARIES No provision of this Agreement or the Separation Agreement shall be construed to create any right, or accelerate entitlement, to any compensation or benefit whatsoever on the part of any Convergys Transferred Individual or other future, present present, or former employee of any CBI Entity the PepsiCo Group or Convergys Entity the TRICON Group under any CBI PepsiCo Plan or Convergys TRICON Plan or otherwise. Without limiting the generality of the foregoing, except as expressly provided in this Agreement: (i) neither the Distribution nor the termination of the participating company Participating Company status of a Convergys Entity member of the TRICON Group shall cause any employee to be deemed to have incurred a termination of employment which entitles such individual to the commencement of benefits under any of the CBI Plans (other than the CBI ESOP)PepsiCo Plans, any of the Convergys TRICON Plans, or any of the Individual Agreements; and (ii) except as expressly provided in this Agreement, nothing in this Agreement other than those provisions specifically set forth herein to the contrary shall preclude ConvergysTRICON, at any time after the Close of the Distribution Date, from amending, merging, modifying, terminating, eliminating, reducing, or otherwise altering in any respect any Convergys TRICON Plan, any benefit under any Convergys Plan or any trust, insurance policy or funding vehicle related to any Convergys TRICON Plan.